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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 28 April 2022

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

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 April 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

28 April 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  

6          Public Input                                                           7

6.1     Public Input:  Auckland War Memorial Museum - Tāmaki Paenga Hira Auckland War Memorial Museum Revised Annual Levy and Draft Annual Plan for FY2022/23                                                                       8

7          Local Board Input                                                 8

8          Extraordinary Business                                       9

9          Consideration of funding contributions to regional cultural and safety amenities 2022/2023                                                             11

10        Decision on proposed amendments to Stormwater Bylaw 2015                                   149

11        Decision on proposed amendments to the Property Maintenance and Nuisance Bylaw  199

12        Referred from the Appointments and Performance Review Committee - Update on FY2022-2024 chief executive's performance objectives for the financial year to 31 December 2021                                                 227

13        Forward Work Programmes for Committees of the Governing Body                                         253

14        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 28 April 2022                                                           255

15        Consideration of Extraordinary Items

PUBLIC EXCLUDED

16        Procedural Motion to Exclude the Public                         271

C1       CONFIDENTIAL:  Auckland Light Rail - Heads of Terms of the Sponsors' Agreement (Detailed Planning Phase)                                                271


 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

 

 

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 Governing Body:

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

 

 

 

 

5          Petitions

 

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

 

 

 

 

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:  Auckland War Memorial Museum - Tāmaki Paenga Hira Auckland War Memorial Museum Revised Annual Levy and Draft Annual Plan for FY2022/23

Te take mō te pūrongo

Purpose of the report

1.       Representatives from Auckland War Memorial Museum will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Auckland War Memorial Museum representatives, Dr David Gaimster - Chief Executive Officer, Penny Hulse - Board Member and James Liddell - Stakeholder Relations Manager will speak to the Governing Body regarding Tāmaki Paenga Hira Auckland War Memorial Museum Revised Annual Levy and Draft Annual Plan for FY2022/23.

3.       A report titled “Consideration of funding contributions to regional cultural and safety amenities 2022/2023” will be considered later in the meeting.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      mihi / thank the representatives from Auckland War Memorial Museum for their presentation regarding Tāmaki Paenga Hira Auckland War Memorial Museum Revised Annual Levy and Draft Annual Plan for FY2022/23 and for their 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.”

 

 


Governing Body

28 April 2022

 

 

Consideration of funding contributions to regional cultural and safety amenities 2022/2023

File No.: CP2021/19627

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve Council funding contributions for:

·    Auckland Regional Amenities Funding Act amenities (ARAFA)

·    Museum of Transport and Technology (MOTAT)

·    Auckland War Memorial Museum (Auckland Museum, or the Museum).

Whakarāpopototanga matua

Executive summary

Context

2.       The ARAFA, MOTAT and Auckland Museum Acts enable those organisations to require a funding contribution (“levy”) from Auckland Council.

3.       While superficially similar, each of the systems have distinct differences. In summary:

·    ARAFA is a funding distribution system, and grants to the amenities are only available for operational expenditure

·    MOTAT is funded for both operational and capital expenditure and highlights in their annual plan where funding is requested for key capital projects

·    Auckland Museum is funded for both operational and capital expenditure. 

Legislative frameworks

4.       The legislative frameworks for these entities were originally designed to ensure that all former councils in the Auckland region contributed equitably to these regional amenities. Each of the pieces of legislation require the entities to provide their draft plans early in the financial year, before they know their own performance for the year and is separate from Council’s consultation with communities on its priorities and budgets.

5.       Reflecting previous Council decision-making, staff continue to progress work to improve levy-setting processes until the long-term solution of legislative change and more direct relationships is agreed with the entities.

Funding requests for 2022/2023

6.       Over the last three years, all of the entities have responded to Council’s requests to moderate their levies, and this has been appreciated. 

7.       All three levies must be set by 30 April 2022, either through agreement or, failing that, arbitration. 

8.       The process for all three levies has been complicated by the impacts of COVID-19/Omicron and rising interest and inflation costs on the finances of Auckland Council. Mayor-led discussions with each amenity have considered whether their original levy requests could be revised down, reflecting the financial position of Council and the challenges it is facing. 

 


 

 

9.       Auckland Museum and MOTAT both responded positively with reduced levy requests, which is very welcome. Auckland Museum reduced their original levy request by $488,000 and MOTAT reduced their post-consultation request by $674,526.  ARAFA has not reduced its levy request.  Due to the late stage at which these discussions took place, the ARAFA Funding Board has advised that it considers it has no powers under the Act to contemplate such a change. 

10.     After these reductions, the combined levy amounts requested by the Auckland Regional Amenities Funding Board, MOTAT and Auckland Museum for financial year 2022/2023 is $67,810,289, an uplift of 7 per cent of the levy payment in 2021/2022 and exceeds the current budget provision of $67,499,450 in the draft 2022/2023 Annual Plan by $310,839.

11.     A potential increase in levy payment for 2021/2022 has previously been identified as a cost pressure that may need to be addressed through the Council’s Annual Budget process. Because this process will necessarily involve some tough choices and trade-offs, it is important to limit the size of any cost pressures as much as possible. However in this case this will need to be carefully balanced against the need to provide adequate funding support in accordance with the legislative frameworks.

Auckland Regional Amenities Funding Board

12.     The Auckland Regional Amenities Funding Board (funding board) is seeking $16,910,479. This represents an overall increase of $1,474,979, or 10 per cent compared to 2021/2022.  This increase is largely driven by an increase of $834,729 to Auckland Philharmonia Orchestra to implement part two of its transition to a salary model for the orchestra’s players. The salary model has been well-signalled with Council over several years.  There are also significant additional contributions to Auckland Festival, Auckland Theatre Company, and New Zealand Opera. 

13.     The proposed levy is around 43 per cent of the maximum possible levy (which is 2 per cent of the council’s rates income).

14.     Staff recommend the approval of the levy as it is in accordance with the funding principles in the ARAFA Act, as were the processes followed by the funding board to reach its proposed funding plan. It is clear, however, that this method of funding these regional amenities is becoming increasingly untenable. 

Museum of Transport and Technology

15.     MOTAT is seeking $18,607,810 for the 2022/2023 financial year. This is an increase of $2,972,703 or 19 per cent from 2021/2022 and is within the statutory cap of $25.6 million.  This is driven by a combination of inflation pressures and the levy reduction MOTAT proactively undertook as part of the 2020/2021 Emergency Budget, primarily by deferring capital and project work.

16.     A number of issues now need to be addressed before they adversely affect the visitor experience or become a health, safety and wellbeing risk. MOTAT is also seeking to reinstate funding for the repayment of the proposed loan for the ‘Approach 2’ Projects (discussed later) and funding for the development of phase 1 of the SciTech centre.

17.     Staff recommend approval of MOTAT’s levy request as it is in accordance with the provisions of the MOTAT Act, and that MOTAT be thanked for its willingness to reconsider its post-consultation levy request.

Auckland War Memorial Museum

18.     Auckland Museum is seeking $32,292,000 for the 2022/2023 financial year. This amount is unchanged from the 2021/2022 levy. Staff recommend this levy request is approved as it is in accordance with the provisions of the Auckland Museum legislation. 

19.     Staff also recommend that the Museum be thanked for its willingness to reconsider its original levy request.

20.     In September 2020, council agreed to establish a Rangatira group with selected councillors to meet members of the Museum board to discuss the long-term relationship of the Museum with the council. Future meetings of the Rangatira group, along with an earlier engagement with the Museum about its levy and planned activities for the year, will help to build greater strategic alignment of the Museum with council. There is the potential for Council to be clearer about what it wants from the Museum, coupled with the potential for an agreed longer-term funding plan. This will build on the existing relationship, as a basis for discussions about legislative change. 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that the proposed levies, if agreed by this committee, will exceed the budgeted allowance by $310,839 and that this additional cost will need to be addressed as part of the Annual Budget process

Auckland Regional Amenities Funding Act

b)      approve the Auckland Regional Amenities Funding Board’s proposed council funding contribution for 2022/2023 of $16,910,479

Museum of Transport and Technology

c)       approve the Museum of Transport and Technology’s (MOTAT’s) levy request for 2022/2023 of $18,607,810

d)      note that $2.66 million of the levy request for 2022/2023 is required for delivering capital works

e)      note that the levy request for 2022/2023 includes reinstatement of funding to support a borrowing regime by MOTAT to deliver its ‘Approach 2’ projects

f)       expresses its appreciation to MOTAT for reducing its levy request following an approach from the Mayor, reflecting the pressures on Council’s financial position

Auckland War Memorial Museum

g)      approve Auckland War Memorial Museum’s levy request for 2022/2023 of $32,292,000

h)      note that $10.7 million of the levy request for 2022/2023 is required for depreciation and delivery of capital works

i)        expresses its appreciation to Auckland Museum for reducing its levy request following an approach from the Mayor, reflecting the pressures on Council’s financial position

Future changes to processes

j)        request that staff work closely with Auckland Museum, MOTAT, the Auckland Regional Amenities Funding Board and the specified Amenities under ARAFA to discuss 2023/2024 levies at an early stage of these respective processes

k)       request that staff explore options for direct relationships with the specified amenities under ARAFA

l)        note that Auckland Unlimited continues to explore options for greater integration of MOTAT with the council group

m)     note the Rangatira group process for discussing changes to Auckland Museum’s legislative relationship with Auckland Council is ongoing.

Horopaki

Context

21.     The table below summarises the different legislative arrangements for each organisation. Each Act introduced a levy to be imposed on the territorial local authorities of the Auckland region. This included seven councils at the time and is now limited to Auckland Council. 

Table 1:  Summary of legislation

 

ARAFA

MOTAT

Auckland Museum

Title of legislation

Auckland Regional Amenities Funding Act 2008

 

Museum Of Transport and Technology Act 2000

Auckland War Memorial Museum Act 1996

Levy recipient

Auckland Regional Amenities Funding Board

 

MOTAT Trust Board

Museum Trust Board

Levy cap

2 per cent of rates (approximately $40m)

A proportion of rateable property value (approx. $25m)

 

A proportion of rateable property value (approx. $150m)

Council role in legislation

Appoint six board members of 10; agree the levy; set additional funding principles

 

Appoint six board members of 10; agree the levy

Appoint 5 board members of 10; agree the levy

What funding is to be used for

Last resort funding of the 10 specified amenities according to principles of the Act.

Auckland region activities only

Opex only

 

Allowing board to meet its minimum obligations under the Act: including to adequately maintain, manage and develop the Museum according to the objectives in the Act

Allowing board to meet its minimum obligations under the Act: including to adequately maintain, manage and develop the Museum according to the objectives in the Act

Formal alignment with council goals

Funding is for activities aligned with the Auckland Plan

 

None required

None required

Other notes

Direct specific funding amounts to amenities

Practice: funding has been for opex + capex with key capital projects highlighted in the annual plan

Practice: funding has been for opex + capex (depreciation)

Current relationship

While independent, Council staff work with board to maintain open communication. This is especially important when larger requests are made (such as current orchestra move to salary model).

Independent organisation.

Auckland Unlimited holds day-to-day relationship and provides advice on levy to council.  This is under terms of an agreement with the council.

Independent organisation.

Direct relationship with the council.

Rangatira group established 2020 to discuss future changes to Museum legislation to create accountability.

Council staff provide advice on levy.

 

Legislative frameworks

22.     The way in which the entities have responded to Council’s financial challenges in the last two to three years has been greatly appreciated, as has been the degree of flexibility about the decision-making timelines in 2020 and 2022.

23.     However, the legislative frameworks of all three Acts are out of date in several ways related to levy setting, governance, and strategic issues.  These make it increasingly difficult for staff to provide accurate and informed advice about the appropriateness of the various levy requests.

24.     The key issues are:

·        Levies must be adopted by the respective boards by 30 April each year. This precedes Council decision-making on its budgets and levies cannot be assessed against other Council spending priorities.

·        Consultation on draft annual plans takes place before Council consultation on its budgets by several months, and proposed activities are not considered in terms of impact on council rates. 

·        Council has little ability to strategically influence the activities of the organisations, or meaningfully assess performance of these organisations, despite being their main funder.

·        The levy formulas are a significant financial risk to council, given they do not present any realistic limit on what could be asked (the Museum maximum levy is more than $150m at present).

·        The dispute mechanism (arbitration) was designed to resolve differences in a seven-council context pre-amalgamation and leaves little room for negotiation or mutual understanding of priorities.  It does not exist in comparable legislation (Otago or Canterbury Museum Acts) or in other situations where Council is required to fund a third-party organisation (for example, Tūpuna Maunga Authority). 

25.     This report recommends that staff be requested to consider more intensive and earlier engagement with the entities for the 2023/2024 levy processes, but also undertake focused discussions about future changes to the relationships between Council and the various funded entities.  Auckland Unlimited is exploring options for MOTAT’s greater alignment with the council group directly. The councillor to board Rangatira group was established to discuss legislative change with Auckland Museum and staff recommend that the ongoing nature of this process is noted by the Governing Body. These processes should continue to include consideration of legislative changes, or in the case of the ARAFA amenities, more direct funding relationships with Council.  

Tātaritanga me ngā tohutohu

Analysis and advice

26.     The combined levy amounts requested by the Auckland Regional Amenities Funding Board, MOTAT and Auckland Museum for financial year 2022/2023 is $67,810,289, an uplift of 7 per cent of the levy payment in 2021/2022 and exceeds the current budget provision of $67,499,450 in the draft 2022/2023 Annual Plan by $310,839. This means that if agreed the additional cost will need to be addressed as part of the Annual Budget process.

27.     Table 2 below illustrates the previous two years levy payments, the proposed 2022/2023 levy requests and indicative amounts for the following two financial years, based on the draft 2022/2023 Annual Plans of the three entities.

Table 2:  Agreed, proposed and indicative levies 2020/2021 to 2024/2025

Entity

2020/21

2021/22

Proposed 2022/23

Indicative DAP
2023/24*

Indicative DAP
2024/25

ARAFB

$14,680,500

$15,435,500

$16,910,479

$17,981,424

$18,480,988

MOTAT

$14,890,578

$15,635,107

$18,607,810

$18,229,983

$18,483,692

AWMM

$32,292,000

$32,292,000

$32,292,000

$33,260,000

$34,260,000

          *In the case of ARAFB, the indicative amount is simply the sum of the amenities’ requests, as required by section 25 of the Act, and not a projection by the Board itself.  The final amount is usually lower.

28.     The anticipated extra cost to council has already been reflected as a cost pressure within the latest financial projections shared with the Finance and Performance Committee. This pressure along with other pressures, including those related to COVID-19 impacts and rising inflation and interest rates, will need to be addressed via the Annual Budget process. Because this process will necessarily involve some tough choices and trade-offs, it is important to limit the size of any cost pressures as much as possible 

29.     Requests beyond 2022/2023 and the associated financial impact will be considered as part of the respective levy process and annual plan/long-term plan process each year.  This is the case for all three organisations. The increases indicated for 2023/2024 and 2024/2025 shown in Table 2, if materialised, will place more cost pressures on the council. We note in particular:

·        MOTAT’s proposed reinstatement of council commitment to deliver its ‘Approach 2’ projects and development of the SciTech Centre in 2023/2024 and 2024/2025 financial years (as detailed later in the report)

·        Auckland Museum’s intention to request an additional $1 million in each of the next two financial years

·        The Auckland Philharmonia Orchestra’s third and final increase to complete its move to a salary model for paying its players.

ARAFA

30.     The Auckland Regional Amenities Funding Board has written to the council seeking a levy of $16,910,479. This represents an overall increase of $1,474,979, or 10 per cent compared to 2021/2022. 

31.     The biggest increase ($834,729, or 57 per cent of the overall increase) is directed to Auckland Philharmonia Orchestra. The Philharmonia grant is part two of a transition to a salary model for the orchestra’s players. This new model was initiated two years ago, with the support of the Funding Board. Council agreed the first part of this model when it agreed the ARAFA levy for 2021/22 (FIN/2021/26).

32.     The Funding Plan in some cases notes conditions the Board has placed on grants it intends to make. These relate often to special purposes towards which funding must be directed, or that certain reporting is required. The 2022/2023 Funding Plan and a letter from the ARAFB Chair are provided at Attachments A and B.

33.     Overall, the levy is around 43 per cent of the total possible levy (which is a maximum of 2 per cent of council’s rates income).

34.     Staff recommend the approval of the levy as it is in accordance with the funding principles in the ARAFA Act, as were the processes followed by the funding board to reach its proposed funding plan. The alternative option is to not agree the proposed levy.  If the levy is not approved, an arbitrator must be appointed to resolve the levy.  There is no potential for negotiation or further discussion.

35.     Not approving the levy is not recommended by staff, because we consider that the funding board has undertaken its processes appropriately, in terms of the legislation. Given that Council funds the Board’s administrative costs, arbitration would result in Council paying for both sides of such a dispute. In addition, it is not clear that Council would have a strong chance of success. Council’s role is not to dispute individual allocations, and in cases where larger allocations have been signalled by the Board, it has discussed those with Council ahead of time (Auckland Philharmonia, and previously, the annualisation of the Auckland Festival).  The issue lies instead with the legislation itself.

MOTAT

36.     MOTAT proactively reduced its request from the council in 2020/2021 to assist with the COVID-19 related budget issues council was facing. In doing this, MOTAT demonstrated a collaborative approach, despite the ageing nature of its buildings and facilities, and the challenges it was facing. While its levy for 2021/2022 was increased from 2020/2021 (by $744,529), this was not sufficient to enable it to address the issues it faces, a number of which have reached a critical stage.

37.     The need to address some of these issues is driving part of the proposed levy increase, before these issues impact on the visitor experience or become a health, safety and wellbeing risk.

38.     MOTAT is also seeking to reinstate the funding for the repayment of the proposed loan for the Approach 2 Projects, referred to in the Museum’s 2019/2020 Annual Plan. This approach was supported by Auckland Council by the approval of the levy for that year (FIN/2019/19).

Proposed levy request

39.     MOTAT’s levy request is for $18,607,810 for 2022/2023. This is an increase of $2,972,703 (or 19 per cent) from last year’s $15,635,107.

40.     The components of the proposed levy are:

·        a base operational levy of $15,947,810 (increase of 2.0 per cent on 2021/2022)

·        $2,660,000 to cover additional requirements including:

the upgrading of the tram track connecting Great North Road and Motions Road and replacement of the Blister Hangar roof (urgent)

the reinstatement of the funding for the Approach 2 projects[1] and SciTech commitments.

 

 

41.     Prior to the 2020/2021 Emergency Budget, Regional Facilities Auckland (now Auckland Unlimited) had worked through and had agreed with the council and MOTAT, a pragmatic and carefully calibrated approach via the levy process to help MOTAT address some issues (identified as the Approach 2 projects in the Museum’s Annual Plans and Annual Reports).  This was to be supported by a borrowing regime by MOTAT, that had no impact on the council’s credit rating or borrowings.   

42.     This involved the council contributing an additional $1,000,000 per annum via the levy process for 10 years, starting in 2019/2020 so that MOTAT could borrow the funds from its Bank, on very favourable terms, to undertake and complete the Approach 2 projects by 2024/2025.  

43.     This arrangement was effectively put on hold by MOTAT agreeing to significantly reduce its levy request to assist the council with its 2020/2021 Emergency Budget. In order to progress these core projects, MOTAT is seeking to have this arrangement reinstated and include this budget in its draft Annual Plans for starting from 2022/2023. It is anticipated that MOTAT will only be able to secure the proposed flexible finance facility for the Approach 2 projects if council recommits to the arrangement.   

44.     The levy request for 2020/2021 also included $800,000 a year for two years, for the development of the SciTech Centre but that was removed from the 2020/2021 and 2021/2022 Annual Plans in order to assist with the Emergency Budget. MOTAT are seeking to have this funding reinstated for 2022/2023 ($800,000) and 2023/2024 ($400,000) and 2024/2025 ($400,000).

45.     The SciTech Centre is a core educational experience aimed at cross-generational families, which account for 80 per cent of MOTAT’s visitors. The SciTech Centre will also provide the “cornerstone” for the development of the Western Springs Precinct as a science, technology, and ecological precinct with a cultural overlay. The SciTech Centre is to be developed in conjunction with the refurbishment of Building 5 which is on MOTAT’s Risk Register as its roof is starting to fail.  

Analysis

46.     MOTAT operates a different funding model from Auckland Museum, despite the similarities in their legislation. Where the Museum is funded for depreciation and saves this money for use at its own discretion, MOTAT typically comes to the council (through the levy process) for specific project funding when required. MOTAT has been open and transparent with Auckland Unlimited and the council about this, and what is proposed is consistent with MOTAT’s objectives under the Act and its vision.

47.     Auckland Unlimited and Council finance staff have worked closely with MOTAT during the development of its 2022/2023 draft Annual Plan and its subsequently reduced levy request (Attachment C) following the approach from the Mayor.

48.     Auckland Unlimited’s and relevant Council staff’s recommendation is that MOTAT’s proposed 2022/2023 levy be agreed. The other alternative is to reject the levy amount and enter arbitration. This is not recommended because the request is clearly aligned with the purposes in the act, does not exceed a level beyond the board meeting its minimum obligations, and supports compliance with health, safety and wellbeing requirements.

Auckland Museum

49.     The Museum’s initial draft Annual Plan 2022/2023 contained a levy request of $32,780,000 which represents an increase of 1.5 per cent from the current financial year. After meeting with the Mayor to discuss the budget issues facing the council, the Museum reduced its request to $32,292,000 in a revised draft Annual Plan 2022/2023 (Attachment E). This is the third year the Museum has not requested an increase in levy in recognition of the financial impact of COVID-19 on the council and ratepayers.

50.     The Museum note that the levy request forms a critical part of the Museum’s staged multi-year programme of financial recovery. Given the slow return of tourism income, the Museum anticipates that they will remain in a deficit position for the following two years. The Museum will still be required to carry debt in the short to medium term; however, this is not a sustainable outlook longer-term. This deficit will primarily be funded by an unsecured short-term debt facility.

51.     The Annual Plan meets the provisions of the Act, and it is recommended that the Governing
Body approve this funding contribution to the Museum.

52.     The alternative option is for the Governing Body not to approve the levy request. If the Governing Body does not approve the levy request, further meetings with the Museum would be required to determine an amount which both parties agree on. If that is not possible, the legislation requires that the dispute is referred to an independent arbitrator. This is not recommended at this time, given the potential cost involved in arbitration and the late stage of the levy-setting process. 

53.     Staff note that the Museum has also indicated that it will require funding increases from the council over the next two years ($33.26m in 2023/2024 and $34.26m in 2024/2025). Notwithstanding the static levy requests over the last three years, discussions should be ongoing with the Museum’s board about the sustainability of future levy requests.

54.     More broadly, the Rangatira group has the opportunity to engage in focussed discussions about what Council and Auckland generally wants from the Museum in future from a strategic point of view. This could include discussion of a longer-term funding arrangement and agreed changes to the legislation. 

Tauākī whakaaweawe āhuarangi

Climate impact statement

55.     MOTAT is a statutorily independent organisation and the council is unable to direct it on climate change issues. However, despite operating heritage machinery that relies on fossil fuels, MOTAT has implemented various initiatives aimed at reducing its carbon footprint and impact on the environment.

56.     The success of these initiatives will be seen in the reduction year-on-year in MOTAT’s Toitū Reduce Carbon emissions measurement.

57.     The Auckland Regional Amenities Funding Board is a statutorily independent organisation and the council is unable to direct it on climate change issues. However, ARAFA Board is required to ensure that amenities align their activities with Auckland Plan objectives, which include Auckland’s response to climate change. 

58.     Auckland Museum is a statutorily independent organisation and the council is unable to direct it on climate change issues. However, the Museum notes that their focus in financial year 2022/2023 will be on the development of the Natural Environment and Human Impact galleries. Being responsive to the sustainability goals of the city, the Museum recognises the role they have to play in educating Aucklanders and visitors to the city. The Museum’s research efforts also build a base of evidence that informs the understanding of climate change and biodiversity.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

59.     MOTAT has been undertaking discussions with Auckland Unlimited about its future relationship to the council group. This is consistent with the council’s endorsement of the CCO review recommendation number three. MOTAT and Auckland Unlimited have committed to an exploration of potential options for integration, with the intent to engage with the council later in 2022.

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

Local impacts and local board views

60.     The relationship with Auckland Museum, MOTAT and the Auckland Regional Amenities Funding Board is a regional one, and as such decisions about funding contributions are made by the Governing Body or its committees.

Tauākī whakaaweawe Māori

Māori impact statement

61.     MOTAT’s focus for the 2022/2023 year is the development of its bicultural approach, He Aratakina Māori, and continuing its journey of becoming a responsible partner under te Tiriti o Waitangi.

62.     MOTAT’s SciTech Centre will be the catalyst for a greater focus on sustainability and te Ao Māori, providing MOTAT with the opportunity to pilot its new project; Te Puna Puāwai. Te Puna Puāwai is an ambitious and innovative initiative, with a vision to co-develop Aotearoa’s most culturally diverse, accessible, and enriching STEAM (Science, Technology, Engineering, Arts and Maths) experiences for those under the age of six, and their whānau.

63.     The Auckland Regional Amenities Funding Board monitors the specific outcomes relating to the interests of Māori which are incorporated into the day-to-day operations of the Specified Amenities. Some of the many initiatives which the Amenities are undertaking are detailed in the summaries included in the Funding Plan. 

64.     Auckland Museum is a statutorily independent organisation, and the council cannot direct it on any operational matters, including how it responds to iwi Māori. However, its draft Annual Plan notes that the Museum contributes to the Auckland Plan objective relating to Māori identity and wellbeing and sets out how it plans to advance Māori wellbeing; promote Māori success, innovation, and enterprise; recognise and provide for te Tiriti o Waitangi outcomes; and showcase Auckland’s Māori identity and vibrant Māori culture.

65.     Auckland Museum’s draft Annual Plan also notes that the Māori committee known as the Taumata-ā-Iwi serves an important role as both advisor and partner to the Trust Board and is strategically important to the cultural fabric of Tāmaki Makaurau. Mana whenua represented on the Taumata are from Ngāti Whātua, Ngāti Pāoa and Tainui.

Ngā ritenga ā-pūtea

Financial implications

66.     The analysis in this report was undertaken with finance staff and their advice is incorporated at the beginning of the analysis and advice section so that it is read together with the main part of the advice on the levies. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

67.     There are three main risks for approving the levy requests considered in this report.

68.     The first key risk is that the levies will exceed council budget allocations, which has been realised. This is discussed in the body of the report.  This situation will likely continue given the indicative requests from the entities for future years. Staff propose to mitigate this risk by discussing these indicative requests at a much earlier stage of the levy processes for 2023/2024, and continuing to seek longer-term change to these systems.  This will assist with agreeing a long-term view of potential increases which are within council budgets. 


 

 

69.     The second key risk is the possibility that the activities of the organisations will not meet the stated goals of the annual plans and that those annual plans do not align with council goals. For the ARAFA amenities, this risk is minimised because a requirement of funding is to demonstrate alignment with the Auckland Plan. MOTAT works closely with Auckland Unlimited to ensure its long-term goals are aligned with those of council. Auckland Museum endeavours to demonstrate this in its Plan. However, ultimately the legislative schemes for MOTAT and the Museum do not guarantee the council any role in assessing the performance of these organisations or ensuring that their activities align with council priorities.

70.     The final risk is the ongoing financial exposure to the council from these levy systems. The ARAFA system could claim up to 2 per cent of rates (approximately $40 million), MOTAT could claim around $25 million, and the Museum could claim over $150 million. While this is not likely, within those caps there is always the ability for the institutions to pursue significant increases in future. As indicated in the Museum’s draft Annual Plan, it has indicated the possibility it will likely seek an additional $1 million in each of the next two financial years. The main mitigation for these risks is maintaining strong relationships with the organisations. As a backstop, council can decide not to agree requested levies, though this may come with the risk of being forced into the arbitration processes contained in each of the three Acts.

Ngā koringa ā-muri

Next steps

71.     If agreed, the boards of the three entities will adopt their final 2022/2023 Annual Plans and the agreed levies will be paid within the appropriate statutory timeframes.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Letter Auckland Regional Amenities Funding Board Chair to Auckland Council

23

b

Auckland Regional Amenities Funding Plan 2022/23

25

c

MOTAT Draft Annual Plan 2022/2023 (revised)

83

d

Auckland War Memorial Museum Draft Annual Plan FY2022/23 (revised)

119

      

Ngā kaihaina

Signatories

Authors

Sarah Johnstone-Smith - Principal Advisor

Chris Levet - Principal Advisor

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Director, Governance & CCO Partnerships

Peter Gudsell - Group Chief Financial Officer

Jim Stabback - Chief Executive

 

 


Governing Body

28 April 2022

 

 

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Governing Body

28 April 2022

 

 

Decision on proposed amendments to Stormwater Bylaw 2015

File No.: CP2022/04379

 

  

 

Te take mō te pūrongo

Purpose of the report

1.          To adopt the amended Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Wai Āwhā 2015 / Auckland Council Stormwater Bylaw 2015.

 

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt the amended Stormwater Bylaw 2015, an appointed Bylaw Panel has deliberated and made recommendations to the proposal based on public feedback and on local board views.

3.       The proposed amendments to the Bylaw continue to regulate land drainage and stormwater management by protecting the public stormwater network from damage, misuse, interference and nuisance, and to ensure effective maintenance and operation of private stormwater systems.

4.       The Governing Body adopted the proposal for public consultation on 26 August 2021. The council received feedback from 79 people and organisations, and 17 local boards.

5.       The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will more effectively regulate land drainage and stormwater management. Key changes include to:

·        update the register of controls and use related information notes to clarify decision-making requirements on controls

·        amend Proposal Four (restricting or excluding activities for parts of the stormwater network) to prioritise public safety and use related information notes to clarify the decision-making process

·        clarify definitions and include ‘permitted activities’ to better align with the Auckland Unitary Plan.

6.       There is a reputational risk that some people or organisations who provided feedback may not feel that their views are addressed. This can be mitigated by communicating the reasons for the decisions to those who gave feedback.

7.       If adopted, staff will publicly notify the decision and publish the new Bylaw when it comes into force on 30 May 2022.

 


 

 

Ngā tūtohunga

Recommendations

That the Governing Body:

a)      whakaae / approve the Bylaw Panel recommendations on the amended Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Wai Āwhā 2015 / Auckland Council Stormwater Bylaw 2015 in Attachment A and Attachment B of this agenda report.

b)      whakaū / confirm that the recommended amended Stormwater Bylaw 2015 in Attachment C of this agenda report:

i)    is the most appropriate way to protect the public stormwater network from damage, misuse, interference and nuisance, and to ensure effective maintenance and operation of private stormwater systems

ii)       is the most appropriate form of bylaw

iii)      does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)       tango / adopt the amendments to the Stormwater Bylaw 2015 in Attachment C of this agenda report with effect from 30 May 2022.

d)      whakaū / confirm that the council has considered the views and preferences of persons likely to be affected or have an interest in the controls referenced in the amended Stormwater Bylaw 2015 in Attachment C of this agenda report. 

e)      whakapūmau / make the following controls under the amended Stormwater Bylaw 2015, to commence on 30 May 2022:

i)       Code of Practice for Land Development and Subdivision: Chapter 4 – Stormwater (version 3)

ii)       Stormwater Management Devices in the Auckland Region December 2017 Guideline Document 2017/001

iii)      Water Sensitive Design for Stormwater March 2015 Guideline Document 2015/004

iv)      Stormwater Soakage and Groundwater Recharge in the Auckland Region 2021 Guideline Document GD2021/007

f)       tono / request through the Chief Executive to the manager responsible for Healthy Waters to report to the Regulatory Committee on the next update to the Stormwater Code of Practice control, including industry consultation and views.

g)      tono / request through the Chief Executive to the manager responsible for Healthy Waters to prepare a schedule of infringement offences and fees for the Stormwater Bylaw 2015 for approval by the chair of the Regulatory Committee.

h)      whakaae / authorise the chair of the Regulatory Committee to request the relevant minister to commence the process to make the necessary regulations under the Local Government Act 2002 to prescribe the infringement offences and fees in (g).

i)        whakaae / approve the distribution of this agenda report and associated minutes to local boards for their information.

j)        tuku mana / delegate authority through the Chief Executive to the manager responsible for the Bylaw to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.

 

Horopaki

Context

The Governing Body adopted a proposal to amend the Bylaw for public consultation

8.       The current Stormwater Bylaw 2015 seeks to regulate land drainage through the management of private stormwater systems and protection of public stormwater network from damage, misuse, interference, and nuisance.

9.       Following a review, the Regulatory Committee endorsed the review findings including that the 2015 Bylaw is an effective regulatory tool, fills a regulatory gap, and is still needed, but could be improved. The committee subsequently requested amendments to improve the 2015 Bylaw.

10.     The Governing Body, on recommendation from the Regulatory Committee, adopted the proposal for public consultation to amend Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Wai Āwhā 2015 / Auckland Council Stormwater Bylaw 2015. Figure 1 describes the process for the statutory review and the proposal to amend the Bylaw.

Figure 1. Process to review and amend the Stormwater Bylaw 2015

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11.     Public feedback on the proposal was received from 79 people and organisations. Local boards provided views on public feedback, and an appointed Bylaw Panel[2] held deliberations and made recommendations contained in this report.

 

 

 

 

12.     More information about the review, proposal, and public consultation can be viewed on council’s Have Your Say and Hearings webpages.

Tātaritanga me ngā tohutohu

Analysis and advice

Bylaw Panel considered feedback and views in accordance with legislative requirements

13.     The Bylaw Panel has considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council[3]:

·        must receive public feedback with an open mind and give it due consideration

·        must provide the decisions and reasons to those who provided feedback

·        must ensure all meetings are open to the public

·        may consider or request comment or advice from staff or any other person to assist their decision-making

·        must ensure that the Bylaw is the most appropriate way to regulate land drainage, is the most appropriate form of bylaw, and is not inconsistent with the Bill of Rights Act 1990.

14.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendations are summarised in the table below and contained in full in Attachment A.

15.     Key recommendations include updating controls and using related information notes to clarify the decision-making process for controls, amending the proposal on restrictions to prioritise public safety and include related information notes, and clarifying definitions and ‘permitted activities’ in relation to and alignment with the Auckland Unitary Plan. The recommendations are summarised in Table 1.

Table 1. Summary of Bylaw Panel recommendations

Topic

Summary of Bylaw Panel recommendations

Proposal One: Specifying controls, codes of practice, or guidelines for managing the public stormwater network and private stormwater systems

Amend proposal to include a related information note referring to the general decision-making requirements of the Local Government Act 2002 that apply when making controls, including consultation considerations.

Amend proposal to replace the register of controls in Schedule 1 with a related information note under relevant clauses (for example, clauses 6 and 8) and to recommend a Governing Body resolution to make the controls.

Amend proposal to remove the reference to Schedule 4: Connection Requirements as a control.

Reasons include to set standards through controls for public and private stormwater networks to ensure better stormwater outcomes, to streamline controls and use related information notes to clarify the process.

 

 

Proposal Two: Considering additional requirements for vesting of public assets and approvals under the Bylaw

Adopt proposal as publicly notified.

Reasons include to continue the framework for approving and vesting of public stormwater assets, while considering Māori values as a legislative requirement and carbon for infrastructure to meet the Auckland Climate Plan goals.

Proposal Three: Requiring approvals for modifications or new engineered wastewater overflow points into the stormwater network

Adopt proposal as publicly notified.

Reasons include provision of another tool that the stormwater network utility operator could utilise in collaborating with the wastewater network utility operator to manage engineered overflow points.

Proposal Four: Restricting or excluding certain activities for parts of the stormwater network

Amend proposal to change clause 10(4) to refer “to protect public safety” first, and “to ensure the safe and efficient operation of the network” as a second point.

Amend proposal to change the related information note example to refer simply to recreational activities.

Amend proposal to include a related information note about the council’s general decision-making requirements.

Reasons include assets that are constructed or under the responsibility of the council can sometimes pose safety risks to the public which need to be managed under the Health and Safety and Work Act, for example by preventing public access from the hazard. The rule supports the management of public safety risks around public stormwater assets on a case-by-case basis.

Proposal Five: Updating Bylaw wording, format, and definitions

Amend proposal to change the definition of Annual Exceedance Probability to “the probability of an event being equalled or exceeded within a year”.

Amend proposal to add ‘or it is permitted in the Auckland Unitary Plan’ to clauses 12 and 15 to make considerations of the matters consistent.

Reasons include to make the Bylaw easier to read, understand, implement, and comply with.

Other matters

Note that enforcement, compliance, and resourcing matters in general have been considered by the Regulatory Committee on 12 April 2022.

Recommend requesting Healthy Waters staff to report back to the Regulatory Committee on an update to the Stormwater Code of Practice control, including industry consultation and views.

Recommend that a schedule of infringement offences and fees for the Stormwater Bylaw 2015 (similar to the Auckland Council Navigation Bylaw 2021) be sent to the relevant minister to commence the regulation-making process to provide the option for council to issue infringements for breaches of the Bylaw.

 

 


 

 

16.     Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes:

·        assist in regulating land drainage and improve stormwater management

·        are authorised by statute, not repugnant or unreasonable to other legislation

·        improve the Bylaw form (for example, clarity and user friendliness)

·        do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990 or the Resource Management Act 1991.

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

17.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the proposal as amended in Attachment C. The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will more effectively regulate land drainage and stormwater management for the public and private stormwater networks, and be easier to read, understand and comply with.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     Effective stormwater management enhances Auckland’s response to climate change by regulating land drainage as a response to increased extreme weather events. Carbon emissions from constructed infrastructure can also contribute to climate change.

19.     The proposal enables the council to meet its climate change goals and aligns the amended Bylaw with Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan’s Built Environment priority.

20.     Feedback was received in relation to the latest version of the Stormwater Code of Practice seeking to incorporate the stormwater calculations based on the climate change scenario RCP8.5 identified in Te Tāruke-ā-Tāwhiri: Auckland Climate Plan. This feedback has been forwarded to the relevant council units for consideration.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The Bylaw impacts the operations of Auckland Council’s Healthy Waters department as well as teams involved in the regulation, compliance and enforcement of stormwater such as the Regulatory Engineering and Regulatory Compliance departments. Impacted departments have been consulted with and are aware of the proposal amendments.

22.     Healthy Waters staff have also worked closely with Watercare to ensure the amended Bylaw is consistent with the recently updated Water Supply and Wastewater Network Bylaw 2015.

23.     Auckland Transport has also submitted its formal feedback on the proposal which has been given due consideration by the Bylaw Panel during the deliberations.

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

Local impacts and local board views

24.     Seventeen local boards provided formal views on how the Bylaw Panel should address matters raised in public feedback to the proposal (Deliberations agenda, Attachment G). In addition, six local boards[4] chose to present their views in person to the Bylaw Panel on 4 April 2022.


 

 

25.     Some local boards explicitly supported the proposals and their views on the proposal aligned with the feedback received from the public. Some local boards raised concerns about the blanket ban or restrictions around locating stormwater infrastructure in parks, as well as provided comments in relation to stormwater infrastructure within local parks.

26.     The Bylaw Panel considered all local board views during its deliberations as shown in Attachment A.

Tauākī whakaaweawe Māori

Māori impact statement

27.     Pēhi pēhi, pei pei, ko Ranginui e tū iho nei, ko Papatūānuku e takoto nei, hoinei te Wehenga! I muri noa a te wehenga, ka tangihia e Ranginui ōna roimata hei tohu mō tōna aroha rahi ki a Papatūānuku. Hoinei te tino hōhonutanga o te kōrero mō te wai e ai ki ngā mātua tūpuna. Nā ka tīmata te pakanga a ngā atua, ki a Tāwhiri, ā Tangaroa, ā Tāne, ā Tū. Ko Tū ka riri, Tū kai taua, Tū mātā whāiti, Tū mātā uenga!

28.     Nā Tūmatauenga ngā uri a Tangaroa i kai. Nō te kitenga a Tangaroa ki a ia e kai ana i wana uri, ka toha tōna nguha me tōna pukuriri ki a ia. Nā Tangaroa ngā ngaru nunui me ngā tai i hipoki ki te whenua. Nā ngā tamariki a Tāwhiri ngā āwhā i whiua noa atu ki te ao kia waipuke ai i te whenua. Nō Tāne te kaitakawaenga ki waenga i wana teina kia tau te rangimārie.

29.     Ahakoa tēnā, i a wā, ka whāitaita, ka putaina wā rātou riri ki te ao, anei te take mō ngā āwhā me ngā waipuke hoki. Hoinei, te kaupapa a Te Ture a Rohe neki hei tiakitanga o te rerenga o te wai ki te moana kia whakaiti i te riri o ngā waipuke a, e māmā noa iho ana i te whakahaeretanga a tēnā. I a e whakaute tonu ana i te kōrero tuku iho a wō tātou mātua tūpuna.

30.     The proposed amended Bylaw supports the Independent Māori Statutory Board Māori Plan for Tāmaki Makaurau key direction of Manaakitanga - Improve Quality of Life by managing land drainage.

31.     The Bylaw proposal aligns with the Auckland Council Māori Outcomes Framework – Kia Ora Tāmaki Makaurau: Kia ora te Taiao by enabling mana whenua to exercise kaitiakitanga of stormwater related matters under the Bylaw.

32.     Mana whenua were notified of the proposal and given the opportunity to provide feedback through online meetings, in writing via email, or through the online form. There were also hui held with mana whenua during the findings and options development.

33.     The majority of submitters who identified as Māori supported Proposals One, Three, Four and Five. There was an even split between those who supported and opposed Proposal Two.

34.     Some concerns were raised about Māori customary fishing rights when access to parts of the stormwater network is restricted. Any restrictions for health and safety reasons would be considered on a case-by-case basis and due consideration given to factors such as access for cultural reasons. The Bylaw Panel acknowledged and considered the impact of iwi rights to gathering kai through the deliberations.

Ngā ritenga ā-pūtea

Financial implications

35.     There are no financial implications for the council arising from decisions sought in this report. The cost of public notification of the decision and implementation will be met within existing budgets.


 

 

36.     Public feedback raised concerns regarding the financial cost of implementing the version of the Stormwater Code of Practice incorporating stormwater calculations based on the climate change scenario identified in Te Tāruke-ā-Tāwhiri: Auckland Climate Plan. This feedback (Attachment F) has been forwarded to the relevant council units for consideration.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37.     The following risks have been identified:

If…

Then…

Mitigation

Some people or organisations who provided feedback do not feel their views were addressed.

There may be a negative perception about the recommendations of the Bylaw Panel.

Communicating the reasons for the decisions to those who provided feedback.

 

Ngā koringa ā-muri

Next steps

38.     If adopted, staff will notify the public who provided feedback on the proposal of the decision and publish the amended Bylaw when it comes into force on 30 May 2022.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Deliberations table Bylaw Panel recommendations

157

b

Comparison of proposed Bylaw and Panel-recommended changes

165

c

Recommended amended Stormwater Bylaw 2015

173

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper (Chair)

Councillor Daniel Newman

Independent Māori Statutory Board Member Glenn Wilcox

 

 


Governing Body

28 April 2022

 

 

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28 April 2022

 

 

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28 April 2022

 

 

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Governing Body

28 April 2022

 

 

Decision on proposed amendments to the Property Maintenance and Nuisance Bylaw

File No.: CP2022/04529

 

  

Te take mō te pūrongo

Purpose of the report

1.       To tango / adopt the proposed changes to the Auckland Council Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Property Maintenance and Nuisance Bylaw 2015.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt proposed changes to the Property Maintenance and Nuisance Bylaw 2015, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to the proposal and on local board views.

3.       The proposal is administrative in nature to remove unnecessary rules about lighting and expired legacy council bylaws, and to update the Bylaw to be easier to understand.

4.       The Governing Body adopted the proposal for public consultation on 23 September 2021. Feedback was received from 30 people.

5.       The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will help minimise public health risks and nuisance on private property.

6.       The key amendment is to provide related information notes about the definition of nuisance.

7.       There is a reputational risk that some people may not feel council has addressed their feedback. This can be mitigated by communicating the reasons for the decisions to those who gave written feedback.

8.       If adopted, staff will publicly notify the decision and update the Bylaw when changes come into force on 1 July 2022.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the Bylaw Panel’s recommendations on the proposed changes to the Auckland Council Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Property Maintenance and Nuisance Bylaw 2015 in Attachment A and Attachment B of the agenda report.

b)      whakaū / confirm that the amended Auckland Council Property Maintenance and Nuisance Bylaw 2015 in Attachment C of this agenda report:

i)       is the most appropriate way to minimise public health risks and nuisance on private property

ii)       is the most appropriate form of bylaw

iii)      does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)       tango / adopt the amendments to the Auckland Council Property Maintenance and Nuisance Bylaw 2015 in Attachment C of this agenda report with effect from 1 July 2022.

d)      whakaae / approve the distribution of this agenda report and associated minutes to local boards for their information.

e)      tuku mana / delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.

Horopaki

Context

The Governing Body adopted a proposal to improve the Bylaw for public consultation

9.       The Auckland Council Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Property Maintenance and Nuisance Bylaw 2105 (Bylaw) enables council to minimise public health risks and nuisance on private property.

10.     Following a review, the Regulatory Committee endorsed the review findings including that the Bylaw is still required but could be improved. The committee subsequently requested that the Bylaw be amended.

11.     The Governing Body, on recommendation from the Regulatory Committee, adopted a proposal for public consultation to amend the Bylaw in September 2021.

12.     The proposal is administrative in nature and seeks to improve the current Bylaw by:

·     removing unnecessary rules about lighting that have been regulated in the Auckland Unitary Plan since November 2016

·     removing expired legacy council bylaws

·     updating the definitions, structure, format and wording of the Bylaw to make them easier to read and understand.

13.     Public feedback on the proposal was received from 30 people. Twelve local boards provided views on the feedback. An appointed Bylaw Panel[5] held deliberations and made recommendations contained in this report on the feedback and local board views.

Process to amend the Property Maintenance and Nuisance Bylaw 2015

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14.     More information about the review, proposal and public feedback can be viewed on councils have your say and hearings webpages.

 


 

 

Tātaritanga me ngā tohutohu

Analysis and advice

Bylaw Panel considered feedback and views in accordance with legislative requirements

15.     The Bylaw Panel considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council:[6]

·    must receive public feedback with an open mind and give it due consideration

·    must provide the decisions and reasons to people who provided feedback

·    must ensure all meetings are open to the public

·    may consider or request comment or advice from staff or any other person to assist their decision-making

·    must ensure that the amended Bylaw is the most appropriate way to address public health and safety risks, nuisance, offensive behaviour and the misuse of council-controlled public places, is the most appropriate form of bylaw, and is not inconsistent with the New Zealand Bill of Rights Act 1990.

16.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendations are summarised in the table below and contained in full in Attachment A.

17.     Key recommendations include adopting Proposal One and Proposal Two as notified and amending Proposal Three to include examples of what nuisance the Bylaw covers.

 

Summary of key Bylaw Panel recommendations

Topic

Summary of key Bylaw Panel recommendations

Proposal One: Remove reference to lighting rules.

Adopt proposal as publicly notified.

 

Reasons include that lighting rules in the Bylaw expired in November 2016 when lighting rules in the Auckland Unitary Plan became operative.

Proposal Two: Remove reference to the revocation of legacy council bylaws.

Adopt proposal as publicly notified.

 

Reasons include that this information is better conveyed in related information notes in the Bylaw History.

Proposal Three: Update the definitions, structure, format and wording of the Bylaw.

Amend the proposal to include examples of what ‘nuisance’ in the Bylaw does and does not include.

 

Reasons include to make it easier for the public to understand what the Bylaw covers.

 


 

 

18.     Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes:

·    minimise public health risks and nuisance on private property

·    are authorised by statute, not repugnant or unreasonable to other legislation

·    improve the Bylaw form

·    do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990

·    are not inconsistent with other regulations including council bylaws, Auckland Unitary Plan, and the Auckland Council Regional Pest Management Plan.

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

19.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the amendments to the Bylaw in Attachment C.

20.     The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will minimise public health risks and nuisance on private property.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     Council considered climate impacts as part of the Bylaw review and proposal process. The Bylaw and proposed amendments do not create a direct climate impact, but climate change may affect the problems regulated by the Bylaw. In particular, past and future expected higher average temperatures may worsen Auckland’s pest problem and exacerbate the growth of legionella bacteria.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     The proposal impacts council’s Licensing and Regulatory Compliance team who implement the Bylaw. The unit is aware of the impacts of the proposal and their implementation role.

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

Local impacts and local board views

23.     Under the principles and processes in the ‘Local Board Involvement in Regional Policy, Plans and Bylaws 2019’, the Bylaw has been classified as low interest and no impact on local governance for local boards.

24.     In February 2022, local boards with an interest in the Bylaw had an opportunity to provide formal views by resolution on how the Bylaw Panel should address matters raised in public feedback to the proposal. In addition, they could also choose to present those views in person to the Bylaw Panel on 25 March 2022.

25.     Twelve local boards provided views by resolution (Attachment F) and in addition, four local boards[7] requested to present their views directly to the Bylaw Panel. Five local boards fully or partially supported one or more of the proposals and seven noted additional views.

26.     The Bylaw Panel considered all local board views during deliberations as shown in Attachment A.


 

 

 

Tauākī whakaaweawe Māori

Māori impact statement

27.     The Bylaw supports the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau and Schedule of Issues of Significance 2021-2025 in particular, kaitiakitanga (ensuring sustainable futures) in relation to environmental protection, and manaakitanga (improve quality of life) in relation to the water cooling towers and the prevention of legionnaires disease.

28.     The proposed amendments are however more administrative in nature, do not impact any issues of significance and have no specific or additional impacts on Māori.

29.     Mana whenua were notified of the proposal and given the opportunity to provide feedback through online meetings, in writing via email, or through the online form.

30.     Two people identifying as Māori provided feedback. One person supported Proposals One, Two and Three, which is consistent with the Auckland-wide feedback. The other person only provided feedback in opposition to Proposal Two.

Ngā ritenga ā-pūtea

Financial implications

31.     There are no financial implications arising from decisions sought in this report. The cost of public notification of the decision and implementation will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32.     The following risks have been identified:

If…

Then…

Mitigation

Some people feel their feedback was not addressed

There may be a negative perception about the appropriateness of the deliberations.

Communicating the reasons for the decisions to those who provided feedback.

 

Ngā koringa ā-muri

Next steps

33.     If adopted, staff will notify the public and people who provided feedback on the proposal of the decision and publish changes to the Bylaw when they come into force on 1 July 2022.

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bylaw Panel recommendations

205

b

Comparison of proposed amended Bylaw and Panel-recommended changes

207

c

Recommended amended Property Maintenance and Nuisance Bylaw 2015

211

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper (Chair)

Councillor Cathy Casey

Independent Māori Statutory Board Member Glenn Wilcox

 

 


Governing Body

28 April 2022

 

 

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28 April 2022

 

 

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28 April 2022

 

 

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Governing Body

28 April 2022

 

 

Referred from the Appointments and Performance Review Committee - Update on FY2022-2024 chief executive's performance objectives for the financial year to 31 December 2021

File No.: CP2022/03992

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tūtohi / receive the Update on FY2022-2024 chief executive’s performance objectives for the finance year to 31 December 2021.

Whakarāpopototanga matua

Executive summary

2.       The Appointments and Performance Review Committee considered the Update on FY2022-2024 chief executive’s performance objectives for the finance year to 31 December 2021 at its meeting on 5 April 2022.

3.       The Appointments ad Performance Review Committee resolved as follows:

“Resolution number APP/2022/11

That the Appointments and Performance Review Committee:

a)      receive the report on the FY2022-2024 chief executive’s performance objectives for the six months to 31 December 2021 and refer the report to the Governing Body for information

b)      note that the majority of the FY2022-2024 chief executive’s performance objectives remain on track to be met by June 2022

c)      agree that the full-time equivalent target range is adjusted from 6385 – 6485 to 6123 – 6223 from quarter four of the current financial year, reflecting the divestment of Amenities and Infrastructure Maintenance Services.”

4.       Clause a) of the resolution refers the report to the Governing Body for information.

5.       The original Update on FY2022-2024 chief executive’s performance objectives for the finance year to 31 December 2021 report to the Appointments and Performance Review Committee is appended as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the Update on FY2022-2024 chief executive’s performance objectives for the finance year to 31 December 2021 report (Attachment A of the agenda report)

b)      tuhi / note the decisions of the Appointments and Performance Review Committee in particular clause c) which adjusts the full-time equivalent target range to 6123 to 6223 from quarter four of the current financial year.

 


 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report to the Appointments and Performance Review Committee - Update on FY2022-2024 chief executive’s performance objectives for the finance year to 31 December 2021

229

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Chief Executive

 

 


Governing Body

28 April 2022

 

 

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Governing Body

28 April 2022

 

 

Forward Work Programmes for Committees of the Governing Body

File No.: CP2022/03823

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To whakarato / provide oversight of the forward work programmes of all committees of the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Under the terms of reference, the Governing Body retains the responsibility for oversight of work programmes of all committees.

3.       All committees of the Governing Body have approved forward work programmes which are reviewed on a six-monthly basis.

4.       At the 16 December 2021 meeting of Governing Body, it was agreed that a final update for the 2019-2022 term would be provided to the April 2022 meeting.  This report provides that update.

5.       The forward work programmes will now take each committee through to the end of the political term.

6.       To view the approved and updated forward work programmes, click on the name of the committee to access the most recent version:

Committees of the Whole

Reporting and Other Committees

Environment and Climate Change

Appointments and Performance Review

Finance and Performance

Auckland Domain (Joint Committee)

Parks, Arts, Community and Events

Audit and Risk

Planning

Civil Defence and Emergency Management

 

Council Controlled Organisation Oversight

 

Regulatory

 

Strategic Procurement

 

7.       For those committee’s that do not have a link, they are appended to the report as separate attachments and are available to view on the Auckland Council website (click ‘Extra Attachments’):  https://infocouncil.aucklandcouncil.govt.nz/

8.       Tuhi / 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 relevant chair of the committee.

 

 


 

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the approved and updated forward work programmes for all committees of the Governing Body.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Environment and Climate Change Committee Forward Work Programme - Approved March 2022 (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

28 April 2022

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 28 April 2022

File No.: CP2022/03128

 

  

 

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

22/3/22

Howick Local Board – Notice of Motion re Council Enforcement

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

6/4/22

Auckland Light Rail CONFIDENTIAL

 

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 – 28 April 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

257

b

Information - Howick Local Board – Notice of Motion re Council Enforcement

265

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Chief Executive

 

 


Governing Body

28 April 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Significance and Engagement Policy

Decision to adopt a significant and engagement policy.

Report for decision 24 February 2022 Link to decision

BYLAWS

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

Cemeteries and Crematoria Bylaw 2014

 

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

 

Statement of Proposal 24 September 2020 Link to decision

Final decision report 29 April 2021 Link to decision

Navigation Safety Bylaw Review

 

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

 

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

Wharves Bylaw 2015

 

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

 


Governing Body

28 April 2022

 

 

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Governing Body

28 April 2022

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

That the Governing Body

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       CONFIDENTIAL:  Auckland Light Rail - Heads of Terms of the Sponsors' Agreement (Detailed Planning Phase)

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)(ii) - 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 damage the public interest.

In particular, the report contains information yet to be considered by Cabinet and for which an obligation of confidence exists.

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.

 

 



[1] These include environmental and roofing upgrades to Building 5 (Blue Building) so that it provides a suitable home for the SciTech Centre and environment for the collection, visitors and staff (development design completed); carpark at MOTAT2 – construction of Stage 1 commenced in August 2021 and the upgrading of the MOTAT2 and MOTAT1 entrances.  Completed projects include environmental and roofing upgrades to Building 6 (Pink Building) and the café upgrade.

 

[2]    Councillors Linda Cooper (Chair), Daniel Newman, and Independent Māori Statutory Board Member Glenn Wilcox.

[3]    Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.

[4]  Albert-Eden, Puketāpapa, Devonport-Takapuna, Hibiscus and Bays, Māngere-Ōtāhuhu and Papakura Local Boards.

[5]      Councillors Linda Cooper (Chair), Cathy Casey and Independent Māori Statutory Board Member Glenn Wilcox.

[6]    Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.

[7]    Devonport-Takapuna, Franklin, Kaipātiki and Māngere-Ōtāhuhu Local Boards.