Waiheke Local Board

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Waiheke Local Board held via Skype-for-business on Wednesday, 15 December 2021 at 5.15pm.

 

present

 

Chairperson

Cath Handley

 

Deputy Chairperson

Kylee Matthews

 

Members

Robin Tucker

 

 

Bob Upchurch

 

 

Paul Walden

Until 7.52pm during item 16 due to technical issues.

 

ALSO PRESENT

 

Councillor

Pippa Coom

Until 6.40pm

 

 

IN ATTENDANCE

 

Manager Regional, North, West and Island Planning – North / West

 

Warren Maclennan

 

Team Leader Compliance Monitoring - Central

Richard Preece

 

Team Leader Resource Consents

Brad Allen

 

 


Waiheke Local Board

15 December 2021

 

 

 

1          Welcome

 

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

 

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace… good peace.

 

2          Apologies

 

There were no apologies.

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number WHK/2021/165

MOVED by Chairperson C Handley, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

a)         confirm the minutes of its extraordinary meeting, held on Wednesday, 1 December 2021, including the confidential section, as a true and correct record.

CARRIED

 

5          Leave of Absence

 

There were no leaves of absence.

 

6          Acknowledgements

 

There were no acknowledgements.

 

7          Petitions

 

There were no petitions.

 

8          Deputations

 

There were no deputations.

 

 

 

 

 

 

 

9          Public Forum

 

9.2

Public Forum - Pam Oliver - WITI request for funding to promote Waiheke

 

Resolution number WHK/2021/166

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)         thank Pam Oliver for her attendance to speak at public forum regarding WITI request for funding to promote Waiheke.

CARRIED

            Note: Due to technology issues Item 9.2 was taken before Item. 9.1

 

 

9.1

Public Forum - Kim Whitaker - Helicopter Consents

 

Resolution number WHK/2021/167

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)       thank Kim Whitaker of Quiet Skies, for his attendance to speak

at public forum regarding Helicopter consents.

CARRIED

 

 

9.3

Public Forum - Martha Slimm - Funding request for the Waiheke Healthy Homes programme

 

Resolution number WHK/2021/168

MOVED by Chairperson C Handley, seconded by Member B Upchurch:  

That the Waiheke Local Board:

a)         thank Martha Slimm of Habitat for Humanity Northern Region, for her attendance to speak at public forum regarding their funding request.

CARRIED

 

 

9.4

Public Forum - Angela Means - Harmony in our community

 

Resolution number WHK/2021/169

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)         thank Angela Means for her attendance to speak at public forum regarding Harmony in our community.

CARRIED

 

 

9.5

Public Forum - Christina Hyde and Gavin Oliver - WITI request for funding to promote Waiheke

 

Resolution number WHK/2021/170

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)         thank Christina Hyde and Gavin Oliver for their attendance to speak at public forum regarding WITI request for funding to promote Waiheke.

 

CARRIED

 

 

10        Extraordinary Business

 

There is one item of extraordinary business.

 

10.1

Extraordinary Business - Waiheke Area Plan - allocation of non-regulatory decision making to the Waiheke Area Board - amendment to resolution WHK/2020/223

 

Resolution number WHK/2021/171

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)        consider an extraordinary item Waiheke Area Plan – allocation of non-regulatory decision making to Waiheke Area Board – amendment to resolution WHK/2020/223 at Item 26 – Consideration of Extraordinary Item of this agenda, noting:

i)          the reason the matter was not on the agenda is that the item was inadvertently missed of the agenda, and

 ii)         the reason why this matter cannot be delayed until a subsequent meeting is the working party are due to finalise the Area Plan by the end of February and the next board meeting isn’t scheduled until 23 February 2022.

CARRIED

 

 

11

Councillor's Update

 

Resolution number WHK/2021/172

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)         receive Waitemata and Gulf Ward Councillor, Pippa Coom’s update.

CARRIED

 

 

12

Chairperson's report

 

Resolution number WHK/2021/173

MOVED by Deputy Chairperson K Matthews, seconded by Member B Upchurch:  

That the Waiheke Local Board:

a)      receive the Chairperson, Cath Handley’s report.

CARRIED

 

Resolution number WHK/2021/174

MOVED by Member R Tucker, seconded by Member B Upchurch:  

That the Waiheke Local Board:

b)        formally thank and acknowledge Chair Cath Handley for the considerable amount of work for the Waiheke Local Board and her leadership during the covid challenges.

CARRIED

Note: Member Upchurch provided an update with regards to summer emergency preparations by agencies.

 

13

Auckland Transport Report - December 2021

 

Resolution number WHK/2021/175

MOVED by Member R Tucker, seconded by Chairperson C Handley:  

That the Waiheke Local Board:

a)      receive the Auckland Transport December 2021 update report.

b)      acknowledge the significant work of Richard La Ville, Operations Manager, and thank him for advancing the transport agenda so effectively over the last 12 months.

CARRIED

 

 

14

Minutes of the Waiheke Transport Forum 1 December 2021

 

Resolution number WHK/2021/176

MOVED by Member B Upchurch, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)      note the minutes of the Waiheke Transport Forum business meeting dated 1 

         December 2021.

CARRIED

 

 

20

Waiheke Low Carbon Action Plan

 

Resolution number WHK/2021/177

MOVED by Member B Upchurch, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)      adopt the ‘Waiheke Local Climate Action Plan: Waiheke ki uta, Waiheke ki tai, Waiheke ki tua’ as per Attachment A.

b)      note that an allocation of $15,000 of the Waiheke Local Board’s 2021/2022 locally-driven initiatives budget has been approved to support the establishment of a Waiheke Climate Action Activator through the board’s approval of its 2021/2022 environment work programme at the June 2021 business meeting.

c)      delegate to the Waiheke Local Board Chair the ability to approve minor amendments of the action plan document ahead of publication.

d)      thank Liz Ross and Carolyn Cox for their community leadership and their commitment to the Low Carbon Plan Project.

CARRIED

Note: With the agreement of the members, Item 20 was taken before Item 15.

 

 

15

Response regarding Helicopter consents on Waiheke

 

Resolution number WHK/2021/178

MOVED by Chairperson C Handley, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)        thank the Plans and Places Department and the Resource Consents Department for their work in providing a response to the notice of motion by the Waiheke Local Board regarding helicopter activity, and for resourcing that response in the face of difficult fiscal and workload priorities.

b)        note the requirement within consent conditions for recording, monitoring, reporting and reviewing helicopter movements, however, is concerned this is not currently being enforced and that consequently the data required to demonstrate the current number of flights is not available to substantiate the argument for a plan change. 
                 

c)        request the council obtain tracking records forthwith as outlined within each helipad consent from 2015 onwards and set up an on-going compliance monitoring framework for those helipads and instigate an educational regime for those consented prior to 2015 as recommended in the report.

d)        note the 2020 Waiheke Local Board Plan includes an overarching premise of Waiheke being a sanctuary in the Hauraki Gulf and that council has an obligation to recognise and fulfil local objectives, and that the central premise is at odds with sustaining the current level of helicopter movement and consenting further helicopter pads and/or movements as is evidenced by the Quiet Sky petition presented to the Planning Committee.

e)        note that the achievement of the vision of Waiheke as a sanctuary in the Hauraki Gulf for the economic, environmental and community benefits that would widely accrue is not possible until helicopter movements are controlled and restricted, and that the current criteria for assessment of helicopter effects only include the positive impacts on tourism.

f)         ask the governing body to resource Plans and Places to respond to the Hauraki Gulf Island District Plan and helicopter consenting issues to enable them to fulfil council’s obligations to the residents of Waiheke Island to enable the wishes of its people and its board to be realised to:

 

i.         mitigate and reduce the cumulative effects of an ever-increasing number of helipads and associated movements that cause a loss of well-being for residents and their right to quiet enjoyment of their lives.

ii.        support the natural environment of Waiheke to flourish and regenerate without intrusive noise.

iii.      mitigate future carbon emissions with urgency in relation to the Climate Emergency declared by the council.

iv.      fulfil council’s obligation to the central premise in the Local Board Plan to recognise Waiheke as a sanctuary in the Gulf.

g)        request as an interim measure that, in accordance with the matters in resolutions d)-f) above, that the Resource Consents Department confirm it will consider criteria 2, 3 and 4 (matters of discretion) under Rule 13.8.2 in the assessment of all helipad consents due to “Waiheke’s special circumstances”, noting this would then trigger public notification.

h)        ask the council to seek an urgent ruling in the Environment Court:

 

i.         to establish whether the assertion by planner, Planorama, is correct:  that helipads should default to non-complying under the general rules of HGI/DP and this overrides Section 13.8, as opposed to the council’s standard practice of 13.8 taking precedent.

ii.        on its interpretation of its restriction of its own discretion to those matters listed under clause 13.8.2 in the HGI District Plan, when the cumulative impacts on Waiheke residents beyond the notional boundary of specific helicopter acoustic impacts are not considered and neither are those other matters covered in resolutions b)-f) above.

iii.      to determine whether NZS 6807:1994, the noise standard incorporated into Section 13.8, that contains an "override" provision, can be applied and the validity of the council’s view that the general rule in the HGIDP re noise restrictions is over-ridden by the specific clauses on helicopter noise effects.

iv.      to identify whether the scope of council’s definition of ‘amenity’ values under the current HGIDP clause 13.8.2 (Assessment criteria 4) is adequate or should be broadened to considerations of the amenity of the population at large and visitors.

i)          request that subject to responses to the matters raised in resolutions e) and f) above that council instigates HGIDP plan changes with urgency by preparing a section 32 evaluation under the RMA but first seeks clarification on whether there is any emergency provision enabling council to clarify the intended application of rules for helipads in the HGIDP.
 

j)          seek to support planning over the long term by preparing suitable regulatory provisions to replace the HGIDP helicopter provisions at the soonest opportunity with those that can be carried over into the AUP.

k)        note that the current situation is not sustainable or tolerable for the community of Waiheke and that at the current rate of consent applications for helicopter pads and movements, that the current number of 48 pads might well be doubled by the time the HGIDP is migrated into the AUP.

l)          seek representation by the board at the February meeting of the council’s Planning Committee to present to this motion.

CARRIED UNANIMOUSLY

Note:   The meeting was adjourned at 8.06pm

The meeting reconvened at 8.11pm

 

 

16

Community Resilience and Local Economic Development 2021/2022 - Waiheke Island Tourism Inc

 

Resolution number WHK/2021/179

MOVED by Member B Upchurch, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

a)      approve a grant of $10,000 for Waiheke Island Tourism Inc from the Waiheke Local Board’s 2021/2022 Community Resilience and Local Economic Development work programme.

CARRIED

 

 

17

Community Led Housing Initiatives 2022

 

Resolution number WHK/2021/180

MOVED by Chairperson C Handley, seconded by Member B Upchurch:  

That the Waiheke Local Board:

a)      approve a grant of $5,000 from the 2021/2022 Community-Led Housing Initiatives work programme to Habitat for Humanity to support capacity-building for the Waiheke Healthy Homes Programme

b)      approve a grant of $5,000 from the 2021/2022 Community-Led Housing Initiatives work programme to Waiheke Hope Centre towards the costs of replacing its onsite wastewater system.

CARRIED

 

 

18

Auckland Council’s Performance Report: Waiheke Local Board for quarter one 2021/2022

 

Resolution number WHK/2021/181

MOVED by Deputy Chairperson K Matthews, seconded by Member R Tucker:  

That the Waiheke 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).

c)      note the allocation under delegation of $5000 from the Community Response fund to Waiheke Island Tourism Inc to support development of ‘Covid Vaccinated Persons Only’ signage and decals which will be distributed to all relevant businesses on Waiheke.

d)      note the Waiheke Walking Festival scheduled to be held in November 2021 has been cancelled due to COVID-19 uncertainty and the board’s funding of $10,000 (FY20/21) will go towards the underwrite for fixed costs and funds already spent.

CARRIED

 

 

19

Update to delegation for resource consent feedback

 

Resolution number WHK/2021/182

MOVED by Chairperson C Handley, seconded by Member B Upchurch:  

That the Waiheke Local Board:

a)      delegate to Deputy Chair Matthews as an alternate and second signatory, the authority to provide the local board views on whether a resource consent should proceed as a non-notified, limited notified or fully notified application (noting all board member’s views will be included as feedback).

b)      thank Member Walden for carrying out the alternate and second signatory role to date.

CARRIED

 

 

21

Draft Significance and Engagement Policy 2022

 

Resolution number WHK/2021/183

MOVED by Deputy Chairperson K Matthews, seconded by Member B Upchurch:  

That the Waiheke Local Board:

a)      endorse the draft Significance and Engagement Policy for governing body committee adoption in February 2022.

CARRIED

 

 

22

Local government elections 2022 - order of names on voting documents

 

Resolution number WHK/2021/184

MOVED by Chairperson C Handley, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

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

CARRIED

 

 

23

Māori Outcomes Annual Report - Te Pūrongo a te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2020-2021

 

Resolution number WHK/2021/185

MOVED by Deputy Chairperson K Matthews, seconded by Member R Tucker:  

That the Waiheke Local Board:

a)      receive the annual Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2020-2021.

CARRIED

 

 

24

Waiheke Local Board Workshop record of proceedings

 

Resolution number WHK/2021/186

MOVED by Member B Upchurch, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

a)      note the record of proceedings for the local board workshops held on 17 and 24 November and 1 December 2021.

CARRIED

 

 

 

 

25

List of resource consent applications - 8 November to 3 December 2021

 

Resolution number WHK/2021/187

MOVED by Member B Upchurch, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

a)      note the list of resource consents applications related to Waiheke Island. 

CARRIED

 

 

26        Consideration of Extraordinary Items

 

26.1

Waiheke Area Plan - allocation of non-regulatory decision making to the Waiheke Area Board - amendment to resolution WHK/2020/223

 

The report had been circulated to members prior to the meeting.  A copy is has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number WHK/2021/188

MOVED by Chairperson C Handley, seconded by Deputy Chairperson K Matthews:  

That the Waiheke Local Board:

a)      note Independent Māori Statutory Board Member Ngamane has resigned from the Planning Committee.

b)      note the following 25th November 2021 Governing Body resolution:

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

 

Resolution number GB/2021/151

That the Governing Body:

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

Resolution number GB/2020/128

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

and replaced with:

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

CARRIED

c)      approve, subsequent to Waiheke Local Board resolution WHK/2020/223 and Governing Body resolution GB/2020/128, the appointment of Independent Māori Statutory Board Member Henare, or an alternate Board member as appointed by the Independent Māori Statutory Board, to the Waiheke Local Board committee of the whole that will formally adopt the Waiheke Area Plan on the recommendations of the Waiheke Area Plan working party.

CARRIED

 

Attachments

a     20211215 Waiheke Local Board Business Meeting - Item 26 - Waiheke Area Plan - allocation of non-regulatory decision making to the Waiheke Area Board - amendment to resolution WHK/2020/223

 

 

 

Members closed the meeting with a karakia.

 

Waiho i te toipoto kaua i te toiroa

Let us keep close together, not far apart

 

 

 

 

9.01 pm                                              The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Waiheke Local Board HELD ON

 

 

 

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

 

 

 

CHAIRPERSON:.......................................................