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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 24 March 2022

10.00am

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

 

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Richard Hills

 

Cr Dr Cathy Casey

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina, MNZM

Cr John Watson

 

Cr Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

21 March 2022

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



 

Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

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

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

(e)        the power to appoint a chief executive

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

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

 

Additional responsibilities retained by the Governing Body:

 

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

(i)         approval of a draft bylaw prior to consultation

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

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

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

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

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

 

 

 

Code of conduct

 

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

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

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

 

Those who are not members of the public

 

General principles

 

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

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

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

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

 

Members of the meeting

 

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

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

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

 

Independent Māori Statutory Board

 

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

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

 

Staff

 

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

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

 

Local Board members

 

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

 

Council Controlled Organisations

 

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

 

 


Governing Body

24 March 2022

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Affirmation                                                                                7

2          Apologies                                                                                 7

3          Declaration of Interest                                          7

4          Confirmation of Minutes                                                         7

5          Petitions                                                                 7

5.1     Jessie Stanley - Petition relating to Sand Mining from the Pakiri and Mangawhai Embayment                                                  7  

6          Public Input                                                           8

6.1     Public Input:  Alcohol Harm Minimisation - Counties Manukau District Health Board - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)                                               8

6.2     Public Input:  Alcohol Healthwatch - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)                                               8

6.3     Public Input:  Auckland Regional Public Health Service - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)                          9

6.4     Public Input:  Social Policy and Parliamentary Unit - The Salvation Army - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)                                               9

6.5     Public Input:  Chloe Swarbrick, Member of Parliament - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)                              10

7          Local Board Input                                               10

8          Extraordinary Business                                     10

9          Notices of Motion                                                11

10        Notice of Motion - Councillor J Bartley - Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members' Bill)          13

11        Māori representation in local government - timeline for further work                                    81

12        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 24 March 2022                                                          87

13        Consideration of Extraordinary Items

 


1          Affirmation

His Worship the Mayor will read the affirmation.

 

2          Apologies

An apology from Cr D Newman has been received.

 

3          Declaration of Interest

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

 

4          Confirmation of Minutes

That the Governing Body:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 24 February 2022, including the confidential section, as a true and correct record.

 

5          Petitions

5.1       Jessie Stanley - Petition relating to Sand Mining from the Pakiri and Mangawhai Embayment

Te take mō te pūrongo

Purpose of the report

1.       To present a petition to the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Jessie Stanley – Save Our Sands, Natalie Jessop – Endangered Species Foundation and Elyot Pryor - Greenpeace will be in attendance to present a petition to the Governing Body.  The prayer of the petition is as follows:

‘NZ Government and Auckland Council, we urge you to stop the renewal, and granting of new sand mining consents in the Mangawhai - Pakiri Embayment.‘

3.       The petition can be found online here:  https://community.greenpeace.org.nz/petitions/mangawhai-pakiri-sos

4.       Standing Order 7.6.1 allows for the presentation of a petition to the Governing Body and its committees.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Jessie Stanley– Save Our Sands, Natalie Jessop – Endangered Species Foundation and Elyot Pryor - Greenpeace for attending the meeting

b)      whakaae / accept the petition in relation to Sand Mining from the Pakiri and Mangawhai Embayment

c)       pukapuka / forward the petition to the reporting planner dealing with the sand mining consents.

 


 

6          Public Input

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

6.1       Public Input:  Alcohol Harm Minimisation - Counties Manukau District Health Board - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)

Te take mō te pūrongo

Purpose of the report

1.       Luisa Silailai, Alcohol Harm Minimisation Programme Manager from Counties Manukau District Health Board will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Luisa Silailai will speak to the Governing Body regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill).

3.       Councillor Bartley’s Notice of Motion is an item for consideration later in the agenda.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Luisa Silailai from Counties Manukau District Health Board for her presentation regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill) and for her attendance at the meeting.

 

6.2       Public Input:  Alcohol Healthwatch - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)

Te take mō te pūrongo

Purpose of the report

1.       Dr Nicki Jackson, Executive Director – Alcohol Healthwatch will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Dr Nicki Jackson will speak to the Governing Body regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill).

3.       Councillor Bartley’s Notice of Motion is an item for consideration later in the agenda.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Dr Nicki Jackson from Alcohol Healthwatch for her presentation regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill) and for her attendance at the meeting.

 

 

6.3       Public Input:  Auckland Regional Public Health Service - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)

Te take mō te pūrongo

Purpose of the report

1.       Dr Nick Eichler, Medical Officer of Health from the Auckland Regional Public Health Service will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Dr Nick Eichler will speak to the Governing Body regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill).

3.       Councillor Bartley’s Notice of Motion is an item for consideration later in the agenda.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Dr Nick Eichler from Auckland Regional Public Health Service for his presentation regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill) and for his attendance at the meeting.

 

 

 

6.4       Public Input:  Social Policy and Parliamentary Unit - The Salvation Army - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)

Te take mō te pūrongo

Purpose of the report

1.       Ana Ika, Social Policy Analyst/Advocate from The Salvation Army will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Ana Ika will speak to the Governing Body regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill).

3.       Councillor Bartley’s Notice of Motion is an item for consideration later in the agenda.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Ana Ika from The Salvation Army for her presentation regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill) and for her attendance at the meeting.

 

 

6.5       Public Input:  Chloe Swarbrick, Member of Parliament - Councillor Bartleys Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill)

Te take mō te pūrongo

Purpose of the report

1.       Chloe Swarbrick, Member of Parliament will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Chloe Swarbrick, MP will speak to the Governing Body regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill).

3.       Councillor Bartley’s Notice of Motion is an item for consideration later in the agenda.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank Chloe Swarbrick, member of Parliment for her presentation regarding Councillor Bartley’s Notice of Motion on Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members Bill) and for her attendance at the meeting.

 

 

7          Local Board Input

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

 

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

 

At the close of the agenda no requests for local board input had been received.

 

 

8          Extraordinary Business

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

9          Notices of Motion

 

Under Standing Order 2.5.1 a Notice of Motion has been received from Councillor J Bartley, seconded by Councillor E Collins, for consideration under item 10.

 

 

 


Governing Body

24 March 2022

 

 

Notice of Motion - Councillor J Bartley - Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Private Members' Bill)

File No.: CP2022/02767

 

  

 

Whakarāpopototanga matua

Executive summary

1.       Councillor Josephine Bartley has given notice of a motion that she wishes to propose.

2.       The notice, signed by Councillor J Bartley and Councillor E Collins as seconder.

The notice is appended as Attachment A.

3.       Supporting information is appended as Attachment B.

 

Motion

That the Governing Body:

a)      support the proposed private members’ bill:  Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill, which aims to:

i)       remove the special appeal process through Local Alcohol Policies

ii)       wind down alcohol advertising and sponsorship of sports

b)      request the proposed private members’ bill:  Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill, is supported by the Government and/or non-Executive Members of Parliament

c)       request the New Zealand Government review the Sale and Supply of Alcohol Act 2012

d)      agree that Councillor J Bartley, as mover of the motion, advocate to central government and to Non-Executive Members of Parliament in support of this bill.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Signed Notice of Motion

15

b

Supporting Information

17

      

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Chief Executive

 

 


Governing Body

24 March 2022

 

 

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Governing Body

24 March 2022

 

 

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Governing Body

24 March 2022

 

 

Māori representation in local government - timeline for further work

File No.: CP2022/02621

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To report back to the Governing Body on the timeline for further work following the Governing Body resolution in December 2021.

Whakarāpopototanga matua

Executive summary

2.       At its meeting in December 2021 the Governing Body received the recommendations of a Joint Group in favour of the model of representation proposed by the Royal Commission for Auckland Governance. The Governing Body agreed to engage with Māori prior to determining its position on Māori representation into the future and resolved that a timeline of further work is reported back. This report outlines the proposed timeline.

3.       The high-level timeline to the 2025 elections includes:

·    local government elections in October 2022

·    parliamentary elections in the last quarter of 2023 calendar year

·    review of representation arrangements commencing early in 2024

·    local government elections in 2025.

4.       An Omnibus Bill will shortly be made available which will remove the set number of councillors on Auckland Council and will provide more detail around the process for establishing Māori wards. A draft submission will be reported in due course.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / agree the timeline for further work as set out in this report

b)      tuhi / note that feedback from the engagement with mana whenua and mataawaka will be reported to the August 2022 meeting of the Governing Body.

 

Horopaki

Context

5.       The Joint Governing Body / Independent Māori Statutory Board meeting on 21 June 2021 agreed to establish a Joint Group to consider Māori representation in local government, and specifically on Auckland Council.

6.       The Joint Group reported back to the Governing Body / Independent Māori Statutory Board meeting on 6 December 2021, supporting the model for Māori representation on Auckland Council recommended by the Royal Commission on Auckland Governance.


 

 

7.       That meeting agreed that the Governing Body and Independent Māori Statutory Board would:

“…consider at their next individual meetings to support the Royal Commission model of Māori representation, enabling further engagement with mana whenua and mataawaka to receive feedback, and ultimately propose to the Minister of Local Government to implement this model as part of the Auckland Council Act in preparation for the 2022 Local Government elections or if this cannot be achieved then by the 2025 elections”. [JOI/2021/15]

8.       A report was presented to the Governing Body meeting on 16 December 2021 which resolved [GB/2021/164]:

That the Governing Body:

a)          tuhi / note the need to engage with mana whenua and mataawaka, in order to inform Auckland Council’s future position on Māori representation in local government  

b)          tuhi / note that the council’s current position is to support direct Māori representation based on the parliamentary model

c)          whakaaroaro / consider its support for a model of Māori representation, including the Royal Commission model once all engagement is completed with mana whenua and mataawaka

d)    whakaae / agree that staff bring a timeline for further work early in 2022.

9.       This report presents a timeline for further work as directed by the above resolution.

Tātaritanga me ngā tohutohu

Analysis and advice

What is certain

10.     The council will have the opportunity to decide on one or more Māori wards for the 2025 elections and must also conduct a review of representation arrangements for that election. The representation review will be carried out in 2024 with an initial proposal for arrangements for the 2025 election being publicly notified no later than 8 September 2024.

11.     The ability to establish Māori wards is in the Local Electoral Act 2001 and has previously required that a council make a decision by 23 November in the year that was two years prior to an election. The early timeframe was to allow for a petition for a referendum and then for such a referendum to be held. The provision for a referendum was repealed in 2021. The Minister of Local Government has announced there will be an Omnibus Bill which will include new provisions relating to establishing Māori wards. Staff assume this will include detail on the timing of decisions that establish Māori wards and any requirements for public consultation.

12.     The Omnibus Bill will also remove the set number of twenty councillors on the Auckland Council Governing Body so that the representation review is able to determine a different number.

13.     It is therefore very likely that the council will be able, if it chooses, to establish a Māori ward, or wards, for the 2025 elections. The number of members to be elected from such a ward, or wards, is calculated using the formula in the Local Electoral Act 2001 and depends on the total number of councillors and on the “Māori Electoral Population”. The result is that if the Governing Body has 21 or 22 councillors then one of those may be elected from a Māori ward. If there are 23, or more, councillors then two may be elected from a Māori ward(s). 

 

 

 

What we are engaging on

14.     The Joint Group proposed that the council advocates for the Royal Commission model. The staff report recommended engaging with Māori before determining a position on Māori representation and this was agreed by the Governing Body on December 16, 2021.

15.     The engagement with Māori will include seeking their feedback on the models already identified, including the Royal Commission model, but not confining feedback to just those models. Engagement will also canvass the view of Māori regarding the Māori ward option already in legislation.

16.     Some local boards have separately raised the opportunity for Māori representation on local boards. It would be useful to obtain feedback from Māori on this.

Who we are engaging with

17.     The focus of the engagement is with mana whenua and mataawaka, as resolved by the Governing Body in December 2021. The aim of the engagement is to provide the Governing Body with feedback on the preferred options of mana whenua and mataawaka.

18.     There are 19 recognised mana whenua groups in Auckland. Ngā Mātārae and the Governance Services department are collaborating to arrange hui with organisations that are representative of the mana whenua groups.

19.      Mana whenua and mataawaka engagement will be undertaken between April and July 2022. This engagement will begin with the Tāmaki Makaurau Mana Whenua Forum hui on 21 April 2022. Following the Forum hui, staff will invite iwi and hapū organisations to engage. We will also undertake engagement with mataawaka groups.

20.      The closing date for feedback from mana whenua and mataawaka will be Friday 22 July. A report will be brought to the 25 August 2022 Governing Body meeting that presents the views expressed by mana whenua and mataawaka obtained through the engagement, to inform Auckland Council’s future position on Māori representation in local government. 

Public consultation

21.     In terms of a decision relating to establishing a Māori ward in accordance with the provision in the Local Electoral Act 2001 staff expect that the pending Omnibus Bill will provide the requirements for public consultation.

Timeline

22.     Some of the dates below are tentative and will depend on the outcome of associated decisions.

April 2022

The Omnibus Bill is made publicly available

Staff report this to local boards for their feedback

Staff begin engagement with mana whenua and mataawaka

June 2022

Governing Body considers a draft submission on the Omnibus Bill, having received local board feedback and feedback from mana whenua and mataawaka.

August 2022

Governing Body considers a report following engagement with Māori. The report will contain feedback on establishing a Māori ward, or wards, and any other views put forward.

December 2022

The incoming Governing Body agrees the council’s position on Māori representation.

The Governing Body considers the need for consultation concurrently with the Annual Plan

June 2023

Adoption of the Annual Plan.

Any changes to the Governing Body’s position on Māori representation are finalised.

July 2023

Governing Body agrees the process for the review of representation arrangements to be carried out in 2024.  Representation reviews are required every six years under existing legislation and are not specific to Māori representation. However, if council proceeded with implementing Māori representation, it would resolve to do so at this time.

February 2024

Likely commencement of the agreed process to review representation arrangements. This might include the development of an initial proposal through a working party.

July 2024

Governing Body resolves the council’s initial proposal for representation arrangements for the 2025 elections.

August 2024

Council publicly notifies its initial proposal for submissions.

October 2024

Council hears submissions and makes its final proposal.

Council notifies its final proposal.

Appeals and objections go to the Local Government Commission.

April 2025

The Local Government Commission will have determined all appeals and objections. The representation arrangements for the 2025 elections will then be final.

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.     A decision about Māori representation does not in itself impact on climate. Having a Māori world view contributing to decision-making would have a beneficial impact.

24.     The Māori world view (te ao Māori) acknowledges the interconnectedness and interrelationship of all living and non-living things and provides a holistic approach to understanding the total system. In addition, there are the principles of kaitiakitanga (guardianship of the land) and the intergenerational duty to restore and increase the mauri (life force, vitality) of land and water, and to nurture the reciprocal relationship between tangata (people) and the whenua (land).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25.     This matter affects the composition of the Governing Body and does not impact the council group.

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

Local impacts and local board views

26.     Some local boards have expressed an interest in having Māori representation.

27.     Staff intend to further this work, and if the Governing Body gave direction on carrying this forward, this would need to be included in future submissions for legislative change as there is currently no local board equivalent of a Māori ward.

Tauākī whakaaweawe Māori

Māori impact statement

28.     The Independent Māori Statutory Boards’ Schedule of Issues of Significance to Māori in Tāmaki Makaurau recognises that increasing Māori representation is a priority action for enhancing Māori leadership and participation in local government decision making. The Issues of Significance advocates for council to ensure that Māori are enabled to contribute to the long-term future of Auckland actively and meaningfully through representation on council.

29.     The implementation of Māori wards in Tāmaki Makaurau is an integral mechanism to ensure that Māori can meaningfully contribute to the governance of Tāmaki Makaurau. Staff are motivated to ensure that consultation with mana whenua and mataawaka is reflective of the significance of this opportunity and aligned with the council’s treaty-based relationships.

30.     Auckland Council’s charter includes a commitment to treaty-based partnership and mechanisms for council to consider in honouring Te Tiriti o Waitangi. This includes a commitment to provide for effective Māori contribution within council decision making processes. The implementation of Māori wards is an important recognition of Te Tirti partnership.

31.     Kia ora Tāmaki Makaurau – the Council’s Māori Outcomes Performance Measurement Framework guides council’s work with Māori in Tāmaki Makaurau. The framework includes Kia Ora Te Hononga – Improving Māori Participation as an outcome area. The implementation of Māori wards is a central mechanism in delivering on the aspiration of the framework in strengthening Māori participation in local government.

32.     Māori electors have the option to be on either the Māori electoral roll or the general electoral roll. Those on the Māori electoral roll can vote for Māori ward candidates and those on the general roll can vote for general ward candidates. Any model involving an election cannot guarantee mana whenua representation.

Ngā ritenga ā-pūtea

Financial implications

33.     Provision has been made in the 2021/2022 budget for this mahi. It may be necessary to roll forward any unspent budget into the next financial year.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34.     An initial and high level risk assessment is provided below.

Risks

Mitigations

a)   Missing opportunities to achieve change through submission to the Omnibus Bill and the Future for Local Government review

Ensuring adequate opportunity for members to consider a submission on the Omnibus Bill to the select committee and input into the Future for Local Government Review

b)   Council’s position is not supported by mana whenua or mataawaka

Staff can ensure that all opportunities are taken to advise on the rationale for council’s position.  This mitigation is the limit of what staff can achieve if the political position remains unchanged

Ngā koringa ā-muri

Next steps

35.     Following agreement by the Governing Body on the general timeline outlined in this report, engagement with Māori will commence with a view to reporting back to the Governing Body in August 2022.

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Herewini Te Koha - Tumuaki Huanga MāorI

Jim Stabback - Chief Executive

 

 

 


Governing Body

24 March 2022

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 24 March 2022

File No.: CP2021/16841

 

  

 

Te take mō te pūrongo

Purpose of the report

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

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

Whakarāpopototanga matua

Executive summary

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

4.       The following memoranda/information have been sent:

Date

Memorandum

4.3.22

Hibiscus and Bays Local Board – Notice of Motion re Bylaw and Compliance

4.3.22

Whau Local Board – Waka Kotahi Play Streets Events

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

23.2.22

CONFIDENTIAL Three Waters Reform

15.3.22

Annual Budget 2022/2023 - Mana whenua session

16.3.22

Māori Representation in Local Government

16.3.22

CONFIDENTIAL Future of Local Government Review

 

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

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

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

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

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

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

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

b)      riro / receive the Summary of Governing Body information memoranda, workshops and briefings – 24 March 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

89

b

Hibiscus and Bays Local Board – Notice of Motion re Bylaw and Compliance (Under Separate Cover)

 

c

Whau Local Board – Waka Kotahi Play Streets Events (Under Separate Cover)

 

d

Annual Budget 2022/2023 - Mana whenua session (Under Separate Cover)

 

e

Workshop:  Māori Representation in Local Government (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Chief Executive

 

 


Governing Body

24 March 2022

 

 

 

Tira Kāwana / Governing Body
Forward Work Programme 2022

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

 

Area of work and Lead Department

Pūnga / Reason for work

Committee role

(whakatau / decision and/or tika / direction)

Expected timeframes

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

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Chief Executive’s Performance Objectives

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

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

Decision to whakaae / approve performance objectives

 

Progress to date:

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Chief Executive Remuneration Review

The chief executive’s remuneration will be reviewed annually.

Decision to whakaae / approve a remuneration change.

 

Progress to date:

Report from the Appointment and Performance Review Committee CONFIDENTIAL 16 December 2021
Link to decision / restatement

Report releasing decision from 16 December 2022 into open 24 February 2022
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to whakaae / approve matter associated with City Rail Link

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

 

Progress to date:

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

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

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

Report on C9 Works Update CONFIDENTIAL
24 February 2022

As and when required

Review of council- controlled organisations

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

Decision on appointment of a council-controlled organisations review panel

Whakaaroaro / consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

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

Decision to tango / adopt Annual Budget

 

Progress to date:

Mayoral Proposal Items for Consultation 8 December 2021
Link to decision

Kerbside Refuse Charging Policy Review 8 December 2021
Link to decision

Other Rates and Fees Issues 8 December 2021
Link to decision

Rating of Whenua Maori Changes to Financial Policies
8 December 2021
Link to decision

Adoption of Consultation Material 8 February 2022
Link to decision

 

 

Consultation Material

 

 

 

Adoption

 

 

 

 

 

 

Rating of Whenua Māori Changes to Financial Policies

 

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

Decision to tango / adopt any changes

 

Progress to date:

Adoption of Consultation Material 8 February 2022
Link to decision

 

 

Consultation Material

 

 

 

Adoption

 

 

 

 

 

 

Annual Report

Statutory requirement

Decision to tango / adopt the Annual Report

 

 

 

 

 

 

 

 

 

 

Adoption

 

 

 

Committee Forward Work Programmes

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

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

 

Progress to date:

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

Update Report 16 December 2021
Link to decision

 

 

 

 

Six-monthly Review

 

 

 

 

 

 

 

 

Terms of Reference

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

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

Decision to tango / adopt the Terms of Reference

Decision to tango / adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

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

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

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

 

As and when required

Standing Orders

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

Originally adopted 16/12/2010

Decision to tīni / amend standing orders

 

Progress to date:

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

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

 

As and when required

Health, Safety and Wellbeing

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

Decision to tūtohi / receive quarterly Health, Safety and Wellbeing report

 

Progress to date:

Report for February 2022 24 February 2022
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

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

Decisions and reporting as and when required.

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Enterprise Risk Report

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

Decision to tuhi / note the enterprise risk report and risk heat map

Decision to tūtohi / receive quarterly reports

 

Progress to date:

Report for February 2022 24 February 2022
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Audit and Risk Committee Performance Report

 

The Audit and Risk Committee will provide an annual report on its performance.

Decision to tuhi / note the Annual Report on the Performance of the Audit and Risk Committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

Significance and Engagement Policy

Refresh of policy adopted in 2014 and provide simplified decisions-making processes.

Decision to adopt a significant and engagement policy.

 

Progress to date:

Report for decision 24 February 2022
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

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

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

 

Decision to whakaae / approve submissions to the Crown as and when required

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

 

As and when required

Governance Framework Review

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

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

 

 

 

 

As and when required

BYLAWS

Freedom Camping in Vehicles

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

Regulatory response may be required following completion of research and pilot

Decision to whakaae / approve statement of proposal #

Decision to whakapūmau/tīni/takahuri / Make/Amend/Revoke the bylaw

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

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

 

 

 

Direction

 

Options

 

 

 

 

 

 

 

Property Maintenance Nuisance Bylaw Review

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

Decision to whakaae / approve statement of proposal #

Decision to whakapūmau/tīni/takahuri / Make/Amend/Revoke the bylaw

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

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

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

Decision to whakaae / approve statement of proposal #

Decision to whakapūmau/tīni/takahuri / Make/Amend/Revoke the bylaw

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

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Stormwater Bylaw

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

Decision to whakaae / approve statement of proposal #

Decision to whakapūmau/tīni/takahuri / Make/Amend/Revoke the bylaw

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

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Traffic Bylaw Review

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

Decision to whakaae / approve statement of proposal #

Decision to whakapūmau/tīni/takahuri / Make/Amend/Revoke the bylaw

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

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Completed

Area of work

Committee role

(decision and/or direction)

Decision

 

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

Appointment of councillor representatives February 2020 Link to decision

 

Water Strategy

Monitoring drought situation.

 

Update from Watercare 25 June 2020 Link to decision

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

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

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

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

 

Review of Code of Conduct

Decision to adopt new Elected Members Code of Conduct

Scope of the Review Report 26 November 2020 Link to decision

Final report for adoption 25 May 2021 Link to decision

 

 

Decision-making Responsibilities of the Governing Body and Local Board

Decision to approve the policy and confirm any changes.

 

Report to approve 24 June 2021 Link to decision

 

Group Remuneration Policy

Decision to approve the policy.

 

Report to approve policy 24 June 2021 Link to decision

 

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Decision to adopt Operations Plan and summary

 

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

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

 

Annual Report

Decision to adopt the Annual Report

Adoption 27 September 2021 Link to decision

 

Maori Outcomes Performance Measurement Framework

Decision to agree to finalise the framework.

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

 

BYLAWS

Cemeteries and Crematoria Bylaw 2014

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

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

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

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

 

 

Alcohol Control Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

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

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

Final decision report 29 April 2021 Link to decision

 

Navigation Safety Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

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

Legislative requirement

Approve statement of proposal 29 October 2020 Link to decision

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

 

 

Construction Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

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

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

Wharves Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

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

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse