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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 26 May 2022

2.00pm

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

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

 

22 May 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

26 May 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

7          Local Board Input                                                 7

8          Extraordinary Business                                       8

9          Independent Māori Statutory Board - proposed funding agreement for the 2022/2023 financial year                                                                         9

10        Decision on proposed new Signs Bylaw and associated controls                                            25

11        Consultation on Te mahere urutaunga ā-motu (tuhinga hukihuki): Draft National Adaptation Plan                                                                     199

12        Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Report             203

13        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 26 May 2022                                                            213

14        Consideration of Extraordinary Items

 

 


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, 28 April 2022, including the confidential section, 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.

 

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

 

 

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

26 May 2022

 

 

Independent Māori Statutory Board - proposed funding agreement for the 2022/2023 financial year

File No.: CP2022/06147

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the 2022/2023 funding agreement between Auckland Council and the Independent Māori Statutory Board.

Whakarāpopototanga matua

Executive summary

2.       For the Independent Māori Statutory Board to carry out its purpose, perform its functions and exercise its powers, the Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2 clause 20, subclause 1, LGACA).

3.       The Independent Māori Statutory Board has drafted a work plan and proposed budget for the 2022/2023 financial year. The proposed funding agreement is provided as Attachment A.

4.       Staff have considered the Independent Māori Statutory Board’s proposed funding agreement and are satisfied that the level of total direct funding of $3,025,326 for the 2022/2023 financial year is appropriate and is in line with the parameters agreed in the 10 Year Budget. It is recommended that the funding agreement is approved.

5.       The proposed level of funding slightly lower than the 2020/2021 and 2021/2022 funding agreements which were also agreed in the context of financial pressures on council caused by the COVID-19 pandemic.

6.       An independent review of remuneration for the Independent Māori Statutory Board members has been completed and has recommended that remuneration should remain at the current proportion of 70 percent of councillor remuneration.

7.       It is also recommended that the Governing Body approves that variations to the funding agreement of no more than $50,000 in the financial year can be agreed by the chief executives of Auckland Council and the Independent Māori Statutory Board.

8.       Auckland Council and the Independent Māori Statutory Board have a Service Level Agreement which records shared services between the council and the Independent Māori Statutory Board and support services provided by third parties through the council to the Independent Māori Statutory Board.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve the 2022/2023 funding agreement between Auckland Council and Independent Māori Statutory Board, which comprises total direct funding of $3,025,326 (operational expenditure).

b)      approve that variations to the 2021/2022 funding agreement between Auckland Council and the Independent Māori Statutory Board of no more than $50,000 in the financial year can be agreed between the chief executive of the Auckland Council and the chief executive of the Independent Māori Statutory Board, subject to budget being available to cover the variations.

c)       note that following approval of the proposed funding by the Governing Body, the 2022/2023 funding agreement between Auckland Council and the Independent Māori Statutory Board will be prepared and signed by the mayor and the council’s chief executive and the chair and chief executive of the Independent Māori Statutory Board.

Horopaki

Context

9.       The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, subclause 1, LGACA).

10.     Funding agreements between council and the Independent Māori Statutory Board are agreed annually and provide for the direct operational funding of the Independent Māori Statutory Board’s business as usual costs. These costs include staff costs and board remuneration.

11.     The Independent Māori Statutory Board Funding Agreement has included a total of $3,025,621 in direct operational funding for each of the past three financial years (since 2019/2020). The nil funding increases for the 2020/2021 and 2021/2022 funding agreements were agreed in the context of financial pressures on council caused by the COVID-19 pandemic.

Tātaritanga me ngā tohutohu

Analysis and advice

12.     The Independent Māori Statutory Board has proposed a funding agreement for its business as usual and work plan activities for the 2022/2023 financial year and this is provided as Attachment A.

13.     A breakdown of the operating costs and comparison with the previous year are outlined in Table 1 below.

Table 1. Independent Māori Statutory Board – Business as usual and work plan costs for 2022/2023

Proposed Funding Agreement

 2022/2023

($)

2021/2022

($)

Board remuneration and expenses

 837,541

849,995

Secretariat

1,558,285

1,421,159

Expenses (including audit fees)

59,500

119,000

Legal and Planning

100,000

110,000

Engagement and Reporting to Māori and Stakeholders

150,000

120,000

Engage Māori Expertise for Council Projects/Plans Work Program related to Board’s Strategic Priorities

320,000

315,467

Te Tiriti o Waitangi Audit

-

40,000

IMSB Business Case Review

-

50,000

Total direct operational funding

3,025,326

   3,025,621

 

14.     The proposed funding elements within the total envelope have altered from last year and prioritise spending on ‘engagement with and reporting to Māori stakeholders’ and an increase in staffing budget to support the work to be undertaken this year.

15.     An independent review of remuneration for the Independent Māori Statutory Board members has been completed as required by LGACA (Schedule 2, clause 17). This review has recommended that Independent Māori Statutory Board member remuneration should remain at the current proportion of 70 per-cent of councillor remuneration. The chair and deputy chair’s remuneration are set at 1:1.8 and 1:1.25 of board member remuneration.

16.     The Remuneration Authority determines remuneration for elected members and the Local Government Members (2022/23) Determination 2022 is expected on 1 July this year. If the determination changes the remuneration level of councillors, Independent Māori Statutory Board member remuneration will be adjusted proportionately. The Board remuneration and expenses noted in Table 1 are therefore provisional and subject to change.

Comparison to previous years

17.     The total proposed funding of $3,025,326 for the Independent Māori Statutory Board is a small decrease from the previous three financial years.

18.     In previous years, the funding agreement has noted instances where the work plan includes projects of mutual interest to council and the Independent Māori Statutory Board. These projects were funded by council but jointly commissioned by the Independent Māori Statutory Board and council to avoid duplication and lower overall costs. The work plan for the 2022/2023 financial year have identified no such projects.

19.     An annual comparison of funding for the IMSB is detailed in Table 2 below.

Table 2. Independent Māori Statutory Board Funding 2019/2020 to 2021/2022

 

2022/2023

(proposed)

2021/2022

2020/2021

2019/2020

Total direct funding (OPEX)

$3,025,326

$3,025,621

$3,025,621

$3,025,621

Funding for projects jointly commissioned with council

$0

$150,000

$130,000

$130,000

Funding Variations

20.     The Independent Māori Statutory Board or the council may initiate a review of the funding agreement by giving written or electronic notice to the other party stating the terms of the review (Schedule 20, clause 2, LGACA).

21.     Staff recommend that the Governing Body delegates to the chief executive the power to agree variations to the funding agreement of up to $50,000 in the 2022/2023 financial year, contingent on whether budget is available to cover such a variation.

22.     This delegation removes the need to formally renegotiate the funding agreement for small variations if a need arises.

23.     In previous years, the Independent Māori Statutory Board have managed their operational costs carefully and their actual expenditure has been consistently lower than the budget.

Service Level Agreement

24.     Auckland Council and the Independent Māori Statutory Board have a Service Level Agreement (SLA) which records shared services agreed between Auckland Council as a supplier and the Independent Māori Statutory Board as the customer. This allows the council, where possible, to support the Independent Māori Statutory Board through existing contracts and services which reduces the overall cost to the ratepayer.

25.     There are no actual payments from the Independent Māori Statutory Board to the council for the services covered in the SLA. The value of these services has not been calculated for 2022-2023. For the current year, the value of services provided by council departments, including in-kind support, was estimated to be $419,575 and the value of payments to third parties on behalf of the IMSB was estimated to be an additional $454,891.

Advice

26.     The legislation notes that the board and the council must negotiate the funding agreement in good faith.

27.     Staff recommend that the Governing Body approve the funding agreement as it appropriate to meet the reasonable costs of the Independent Māori Statutory Board and it is consistent with budget parameters.

28.     If the Governing Body considers that the funding proposal is not reasonable to meet the costs of the Independent Māori Statutory Board’s operations, it could delegate to a political working party to further consider and negotiate the funding agreement. This option is not recommended, as the level of funding proposed by the Independent Māori Statutory Board is lower than previous agreements.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     The Independent Māori Statutory Board has a statutory role to promote cultural, economic, environmental and social issues of significance to Māori in Tāmaki Makaurau but does not have responsibility for the delivery of council plans including Te Tāruke-a-Tāwhiri.

30.     Climate resilience and mitigation of the effects of climate change with consideration of Māori interests, outcomes and measures is identified as an issue of significance for Māori in the Māori Plan (2017).

31.     The decision to fund the operational costs of the Independent Māori Statutory Board does not have an impact on direct greenhouse gas emissions and the effects of climate change over the lifetime of these decisions are considered minimal.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32.     The Independent Māori Statutory Board has a statutory role in monitoring the implementation of the council’s plans and strategies that achieve improved outcomes for Māori. These plans and strategies ensure that the council and CCOs act in accordance with statutory provisions referring to te Tiriti o Waitangi.

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

Local impacts and local board views

33.     Local board views have not been sought in relation to this matter as the Governing Body is responsible for negotiating the funding agreement with the Independent Māori Statutory Board.

34.     However, the Independent Māori Statutory Board work plan supported by the funding may have outcomes that are relevant to local boards.

Tauākī whakaaweawe Māori

Māori impact statement

35.     The annual funding agreement supports the Independent Māori Statutory Board to give effect to its statutory purpose of promoting cultural, economic, environmental, and social issues of significance for Māori in Tamaki Makaurau, and ensuring that the council acts in accordance with statutory provisions referring to te Tiriti o Waitangi.

Ngā ritenga ā-pūtea

Financial implications

36.     The costs of funding the Independent Māori Statutory Board will be met through existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37.     If the operational funding allocated in the proposed funding agreement is not seen as appropriate, the Governing Body may request staff initiate a review of the funding request from the Independent Māori Statutory Board. Staff see this as low risk because the funding is required by legislation and has not increased from previous years.

Ngā koringa ā-muri

Next steps

38.     Following approval of the funding by the Governing Body, the 2022/2023 funding agreement between Auckland Council and the Independent Māori Statutory Board will be signed by the mayor and the council’s chief executive, and the Independent Māori Statutory Board chair and chief executive.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

2022-2023 Draft Independent Māori Statutory Board funding agreement

15

      

Ngā kaihaina

Signatories

Author

James Stephens - Senior Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 

 


Governing Body

26 May 2022

 

 

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Governing Body

26 May 2022

 

 

Decision on proposed new Signs Bylaw and associated controls

File No.: CP2022/04058

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the proposed new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt a proposed new Signs Bylaw 2022, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to the proposal and on local board views.

3.       The proposal better manages the problems signs can cause in relation to nuisance, safety, misuse of public places, the Auckland transport system and environment.

4.       The Governing Body and the Board of Auckland Transport adopted the proposal to make a new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls for public consultation on 26 August 2021. Feedback was received from 106 people and organisations.

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 manage the problems signs can cause. Key Panel-recommended changes include to:

·   clarify that election signs can be erected on a fence on the opposite side of the road to an open space zone, but not on any side boundary fence with those zones

·   allow all energy trusts in Auckland (for example Entrust and Counties Power Consumer Trust) to display election signs

·   reject the proposal that would have allowed event signs to be displayed on public election sign sites without an approval

·   clarify that a community event sign on private property must relate solely to the event (and not for example the event sponsors) and may be displayed only on properties local to the event

·   amend the sizes of specific types of signs to align with industry standards

·   allow the calculation of a poster board’s area to exclude any frame

·   provide for the transfer of approvals

·   correct errors and improve drafting throughout the Bylaw and associated controls.

6.       There is a reputational risk that some people or organisations 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.

7.       If adopted, staff will publicly notify the decision and update the Bylaw when changes come into force on 26 May 2022.

 

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve the Bylaw Panel’s recommendations on the new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated Auckland Council and Auckland Transport Signs Bylaw (Locations, Conditions and Prohibitions) Control 2022 in Attachment A and Attachment B of the agenda report.

b)      confirm that the new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated Auckland Council and Auckland Transport Signs Bylaw (Locations, Conditions and Prohibitions) Control 2022 in Attachment C of the agenda report:

i)       is the most appropriate way to help protect the public from nuisance, protect public safety, protect council-controlled public places from misuse, manage impacts on the effectiveness, efficiency and safety of the Auckland transport system and protect the environment

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)       adopt the Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 in Attachment C of the agenda report, with effect from 26 May 2022.

d)      adopt the Auckland Council and Auckland Transport Signs Bylaw (Locations, Conditions and Prohibitions) Control 2022 in Attachment C of the agenda report, with effect from 26 May 2022.

e)      revoke the provisions in the current Auckland Council and Auckland Transport Signage Bylaw 2015 for which Auckland Council is the relevant authority, with effect from 26 May 2022.

f)       note that the Board of Auckland Transport will decide whether to revoke the provisions in the current Auckland Council and Auckland Transport Signage Bylaw 2015 for which Auckland Transport is the relevant authority and whether to revoke the Auckland Transport Election Signs Bylaw 2013.

g)      delegate authority for determining controls about election signs on Auckland Council council-controlled public places under clause 30 of the new Signs Bylaw in (c) to Auckland Transport, with effect from 26 May 2022.

h)        request through the Chief Executive to the manager responsible for bylaws to prepare a schedule of infringement offences and fees for all recently reviewed bylaws (including the Signs Bylaw 2022 in (c)) for approval by the chair of the Regulatory Committee.

i)        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 (f).

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

k)       delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw and associated controls in Attachment C of the agenda report to correct errors or omissions, including inserting updated maps.

Horopaki

Context

The Governing Body and Auckland Transport Board adopted a proposal to make a new Bylaw for public consultation

8.       Two bylaws currently regulate most signs in Auckland:

·    The Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2015 / Signage Bylaw 2015 and associated controls

·    Te Ture ā-Rohe mo nga Tohu Pānui Pōti a Auckland Transport 2013 / the Auckland Transport Election Signs Bylaw 2013.

9.       The Signage Bylaw minimises risks to public safety, prevents nuisance and misuse of council controlled public places, and protects the environment from negative sign impacts. This Bylaw expires on 28 May 2022.

10.     The Election Signs Bylaw addresses public safety and amenity concerns from the negative impacts of election signs.

11.     Following a review, the Regulatory Committee endorsed the review findings including that a Bylaw is still required but could be improved by combining the Signage Bylaw 2015 and the Election Signs Bylaw 2013. The committee subsequently requested that a new bylaw be proposed to replace the existing Bylaws.

12.     The Governing Body, on recommendation from the Regulatory Committee, and the Board of Auckland Transport adopted a proposal for public consultation to make a new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls for public consultation on 26 August 2021.

13.     The proposal sought to better manage the problems signs can cause in relation to nuisance, safety, misuse of public places, the Auckland transport system and environment by:

Key proposals for a new Signs Bylaw 2022:

·    making a new bylaw and associated controls that combines the current Signage Bylaw 2015 and Election Signs Bylaw 2013

·    revoking the current bylaws

·    in relation to elections signs:

enabling the display of election signs on places not otherwise allowed up to nine weeks prior to an election

limiting the display of election signs on places not otherwise allowed to nine weeks prior to an election

clarifying that election signs on private property must not be primarily directed at a park, reserve, or Open Space Zone

removing the display of election signs related to Entrust.

·    in relation to event signs:

allowing the display of event signs on the same roadside sites as election signs

clarifying that community event signs on sites associated with the community may only be displayed if the event is provided by a not-for-profit group

adding rules about signs that advertise temporary sales of goods.

·    increasing the current portable sign prohibited area to cover the entire City Centre Zone

·    increasing the maximum area of flat wall-mounted signs in the Heavy Industry Zone to 6m2

·    retaining the intent of the rules in the current bylaws (unless otherwise stated) in a way that is up to date, more certain and reflective of current practice. For example, the new bylaw will clarify:

that signs on boundary fences with an Open Space Zone require council approval

the placement of directional real estate signs to the ‘three nearest intersections’

that changeable messages relate to transitions between static images

that LED signs must comply with the relevant maximum luminance standards

that there is a limit of one commercial sexual services sign per premises.

·    using a bylaw structure, format and wording more aligned to the Auckland Unitary Plan and current council drafting standards.

14.     Public feedback on the proposal was received 106 people and organisations. All 21 local boards provided their views on the public feedback by resolution and 10 boards presented their views to the Bylaw Panel. The appointed Bylaw Panel[1] held deliberations and made recommendations contained in this report on the feedback and local board views.

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15.     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

16.     The Bylaw Panel considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council:[2]

·    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.

17.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendation is summarised in the table below and contained in full in Attachment A.

18.     Key recommendations include amending the proposed Bylaw and associated controls, to:

·   clarify that election signs can be erected on a fence on the opposite side of the road to an open space zone but not on any side boundary fence with those zones, for certainty while protecting the amenity of open space zones

·   allow all energy trusts in Auckland (for example Entrust and Counties Power Consumer Trust) to display election signs, to recognise that Aucklanders vote to elect trustees to manage public utility assets, and to treat all energy trusts consistently

·   reject the proposal that would have allowed event signs to be displayed on public election sign sites without an approval, to reduce potential proliferation, clutter and distractions that may impact on use and enjoyment of public places

·   clarify that a community event sign on private property must relate solely to the event (and not event sponsors) and may be displayed only on properties local to the event, to recognize that community events may have sponsors and to reduce potential negative impacts.

·   amend the sizes of specific types of signs to align with industry standards, to minimise waste without any significant change to possible negative impacts

·   allow the calculation of a poster board’s area to exclude any frame, to reflect current practice

·   provide for the transfer of approvals to reflect current practice

·   correct errors and improve drafting throughout the Bylaw and associated controls.

 

 

 

Summary of key Bylaw Panel recommendations

Topic

Bylaw Panel recommendation

Proposal 1: Banners

Adopt proposal

Proposal 2A: Election signs (9-week display)

Adopt proposal

Proposal 2B: Election signs (directed at public parks or reserves)

Amend proposal

Proposal 2C: Election signs

Amend proposal

Proposal 3A: Event signs (temporary sales)

Adopt proposal

Proposal 3B: Event signs (election sign sites and not-for-profits)

Amend proposal

Proposal 3C: Event signs

Amend proposal

Proposal 4: Free-standing signs

Adopt proposal

Proposal 5A: Portable signs (City Centre Zone)

Adopt proposal

Proposal 5B: Portable signs

Amend proposal

Proposal 6: Posters

Amend proposal

Proposal 7A: Real estate signs (Heavy Industry Zones)

Adopt proposal

Proposal 7B: Real estate signs

Amend proposal

Proposal 8: Stencil signs

Adopt proposal

Proposal 9: Vehicle signs

Adopt proposal

Proposal 10: Verandah signs

Amend proposal

Proposal 11A: Wall-mounted signs (Heavy Industry Zones)

Adopt proposal

Proposal 11B: Wall-mounted signs

Amend proposal

Proposal 12: Window signs

Adopt proposal

Proposal 13A: Major Recreational Facility Zones

Amend proposal

Proposal 13B: Open Space Zones

Amend proposal

Proposal 13C: Commercial sexual services

Adopt proposal

Proposal 14A: General (safety and traffic)

Amend proposal

Proposal 14B: General (tops of buildings)

Adopt proposal

Proposal 14C: General (illuminated signs)

Amend proposal

Proposal 14D: General (business that cease trading)

Amend proposal

Proposal 15: Controls and approvals

Amend proposal

Proposal 16: Enforcement powers and penalties, and savings

Adopt proposal

Other matters from feedback, local board views and staff

Amend proposal

 


 

 

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

·    protect the public from nuisance, protect public safety, protect council-controlled public places from misuse, manage impacts on the effectiveness, efficiency and safety of the Auckland transport system and protect the environment.

·    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, the Auckland Unitary Plan, and the wider regulatory framework that governs signs in Auckland.

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

20.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the Bylaw and associated controls in Attachment C.

21.     The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will help protect the public from nuisance, protect public safety, protect council-controlled public places from misuse, manage impacts on the effectiveness, efficiency and safety of the Auckland transport system and protect the environment.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.     Council considered climate impacts as part of the Bylaw review and proposal process. The use of signage in Auckland has minor climate implications.

23.     The proposal continues to support climate change adaptation by requiring signs to be secured and not able to be displaced under poor or adverse weather conditions.

24.     The proposal has a similar climate impact as the current Bylaws. For example, illuminated signs may have a minor impact on emissions and the proposed maximum luminance levels are aligned with national standards and the Unitary Plan.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25.     The proposal has been developed jointly with Auckland Transport.

26.     The proposal impacts the operations of several council departments and council-controlled organisations. This includes Auckland Council’s Licencing and Regulatory Compliance Unit and its Parks, Sports and Recreation Department, and Auckland Unlimited, Eke Panuku Development Auckland and Auckland Transport.

27.     Relevant staff are 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

28.     The Bylaw is important to local boards due to its impact on local governance. For example, it regulates signs about community events and signs on local facilities and parks.

29.     In February 2022, all local boards had the opportunity to provide formal views by resolution on how the Bylaw Panel should address matters raised in public feedback to the proposal. In addition, local boards could also choose to present those views to the Bylaw Panel at the hearing on 28 March 2022.

30.     All 21 local boards provided their views by resolution (refer to Attachment F of the Bylaw Panel Deliberations Report). In addition, 10 local boards requested to present their views to the Bylaw Panel.[3]

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

Tauākī whakaaweawe Māori

Māori impact statement

32.     ka tirohia atutia mai noa e ngā mātua tūpuna ki ngā tohu o te taiao, ko ētahi ēnei tohu, ko te uira, ko te āhua ā ngā manu, ko te āhua o te moana. Ka whakatūpato aua tohu i a te iwi Māori, e whakamārama ana i te iwi Māori, e whakamio hoki anai te iwi Māori. Ehara ēnei tohu e ngaro ki te , hei honei e puta tonu ana aua tohu. Ka whakatuu ngā tāngata i ngā tohu i ēnei wā kia whai anō ngā kaupapa o ngā tohu taioao o mua.

33.     The proposal supports the key directions of rangatiratanga and manaakitanga under the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau and Schedule of Issues of Significance 2021-2025, and the Auckland Plan 2050’s Māori Identity and Wellbeing outcome by:

·    balancing Māori rights under Te Tiriti o Waitangi to exercise their tikanga and rangatiratanga across their whenua with the obligations of the council and Auckland Transport to ensure public safety[4]

·    supporting Māori who want to make their businesses uniquely identifiable and visible

·    enabling Māori to benefit from signs to promote and participate in community activities and events, share ideas and views, and engage in elections

·    protecting Māori and Tāmaki Makaurau’s built and natural environments from the potential harms that signs can cause.

34.     The Issues of Significance also contains key directions for council-controlled organisations to integrate Māori culture and te reo Māori expression into signage. The council group are implementing policies to support the use of te reo Māori in council infrastructure and signs. The proposal, however, does not require the use of te reo Māori on signs as there is no central government legislation that gives the council or Auckland Transport the appropriate bylaw-making powers for this purpose.

35.     Mana whenua and mataawaka were notified of the proposal and given the opportunity to provide feedback through face-to-face meetings, in writing, online and in-person.

36.     Five individuals identifying as Māori (6 per cent of submitters) provided feedback. No mana whenua opted to attend any one-on-one session.

37.     There was support for most proposals. The exceptions were for Proposals 2B, 9, 13C and 14D.These views differed to the Auckland-wide feedback where the exceptions (opposition) were for Proposals 9 and 13A.

Ngā ritenga ā-pūtea

Financial implications

38.     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

39.     The following risks have been identified:

If...

Then...

Mitigation

some people or organisations feel their feedback was not addressed,

there may be a negative perception about the appropriateness of the deliberations / recommendations of the Bylaw Panel.

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

Ngā koringa ā-muri

Next steps

40.     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 26 May 2022.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bylaw Panel Recommendations

35

b

Comparison of proposed amended Bylaw and Panel-recommended changes

73

c

Recommended new Signs Bylaw 2022 and associated controls

135

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper (Chair)

Councillor Shane Henderosn

Independent Māori Statutory Board Member Glenn Wilcox

Auckland Transport Director Kylie Clegg

Auckland Transport Director Darren Linton

 

 


Governing Body

26 May 2022

 

 

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Governing Body

26 May 2022

 

 

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Governing Body

26 May 2022

 

 

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Governing Body

26 May 2022

 

 

Consultation on Te mahere urutaunga ā-motu (tuhinga hukihuki): Draft National Adaptation Plan

File No.: CP2022/06823

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To delegate authority to the Mayor, Chair and Deputy Chair of the Environment and Climate Change Committee and an Independent Māori Statutory Board member to approve Auckland Council’s submission on the Ministry for the Environment’s draft National Adaptation Plan and high-level framework for managed retreat.

Whakarāpopototanga matua

Executive summary

Consultation summary

2.       Te mahere urutaunga ā-motu (tuhinga hukihuki): draft national adaptation plan (NAP) is the first central government-led adaptation plan for Aotearoa/New Zealand. The NAP presents an all-of government approach, that maps out a range of ‘critical actions’, ‘supporting actions’ and ‘proposed actions’ for the next six years.

3.       The NAP will prepare central government, local government, businesses, industry, iwi/Māori and communities to adapt to effects associated with unavoidable climate change that are occurring and will continue to occur. The NAP will sit alongside the Emission Reduction Plan, which Auckland Council has already made a submission on.

4.       The NAP is required under the Climate Change Response Act 2002, to set out government’s approach to adapting to the effects of climate change. Under this Act, the NAP must take into account:

i)       the economic, social, health, environmental, ecological, and cultural effects of climate change, including effects on iwi and Māori,

ii)       the distribution of the effects of climate change across society, taking particular account of vulnerable groups or sectors,

iii)      the ability of communities or organisations to undertake adaptation action, including how any action may be funded,

iv)      scientific and technical advice.

5.       The NAP is preceded by several pivotal government climate reports, namely the Climate Change Adaptation Technical Working Group Report (2018) and National Climate Change Risk Assessment 2020 (NCCRA).

6.       The NAP responds to both reports with a particular emphasis on shaping regulatory frameworks and institutions to align with the changing climate context, aligning statutory and policy directions to account for changing risks, establishing coordination across government and with sectors, bringing together scattered climate information and supporting access to climate data sets and information.

7.       The NAP also responds directly to the forty-three priority climate risks outlined in the NCCRA. Of these forty-three risks, the NCCRA identified the ten most significant risks that require urgent action within the next six years to reduce their impacts. The key risk areas of focus include natural environment, homes, buildings and places, infrastructure, communities, economy and financial systems, and governance.

 

 

 

Draft submission

8.       Tonkin+Taylor has been contracted to support with the development of council’s submission. An initial workshop was held with council group staff on 11 May 2022 and further, theme-based workshops are scheduled for 20-23 May.

9.       Following the initial workshop, key feedback themes for the submission include:

i)       Interconnected, system-wide approach – Climate change is a systemic challenge and roles and decisions rest with a wide range of actors. The NAP recognises this through system-wide actions such as reforming institutions and embedding change policy. Legislative reforms to correct misalignment and clarifying roles of local government in relation to third party actors, such as lifeline utilities, will be key enablers.

ii)       Role of local government – The NAP states that central government cannot bear all the costs and acknowledges tension between national level direction and local adaptation. Roles and responsibilities will need to be clearly defined through the resource management reforms and to reflect local government resource capacity.

iii)      Funding and insurance – Insurance availability and insurability will be tested as events become more frequent and severe. Clarity is needed on funding mechanisms and alternative frameworks that will enable local government, private sector and communities to access funding.

iv)      Managing risk and vulnerability – Resource management reforms still in development intend to manage the risk of natural hazards, particularly focusing on not developing in hazardous areas. Clear direction is needed with regard to who decides what level of risk is tolerable and who bares the liability for impacted properties. Vulnerability and social equity that exacerbates climate risk also needs to be addressed.

v)      Resilient infrastructure and systems – Unfit infrastructure will need to be adapted/upgraded and new infrastructure will need to be designed for climate resilience. Clarity is needed around approaches and parameters for infrastructure design in the context of an uncertain climate future, and funding of infrastructure is already a challenge for local government.

vi)      Managed retreat – Increasing sea levels and flooding will mean that difficult decisions will need to be made about the future of communities and infrastructure. This could have implications for Auckland’s approach to growth. Resource management reforms will need to carefully consider how managed retreat will be applied in practice, including roles and responsibilities, and consider managed retreat alongside other options.

10.     The Environment and Climate Change Committee (E&CCC) would normally consider a submission on this matter as it is within that committee’s terms of reference.  However, given the timeframes this will not be possible. A committee workshop was held on 18 May 2022. Feedback from that workshop will be incorporated into the submission.

11.     Submissions on the draft NAP are due by 3 June 2022. To meet this timeframe, delegated authority to approve council’s final submission outside a scheduled committee meeting is sought from the Governing Body. It is proposed this be delegated to the Mayor, Chair and Deputy Chair of the Environment and Climate Change Committee and a member of the Independent Māori Statutory Board.

12.      Members of E&CCC will have an opportunity to review the draft submission and provide feedback. Feedback will need to be provided by 27 May 2022 to be considered for incorporation into the final submission.

Local Board engagement

13.     Local boards have been sent a memo outlining the consultation documents, the submission development process and the opportunity to provide feedback. Local board feedback will be appended to the final submission. Due to the short consultation timeframe, it is likely to be difficult to obtain formal views from all local boards. Local boards did provide strong direction through the development of Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, and this will inform the overall direction of the submission.

Māori engagement

14.     Staff will seek guidance from Ngā Mātārae in the preparation of the submission and use the direction of Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan to support the direction of the submission.

15.     The Tāmaki Makaurau Mana Whenua Forum has been provided with a memo outlining the consultation documents, the submission development process and the opportunity to provide feedback. Feedback from the Forum will be appended to the final submission.

16.     Iwi leaders have been provided with a memo outlining the consultation documents, the submission development process and the opportunity to provide feedback. Feedback from iwi leaders will be appended to the final submission.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      delegate authority to the Mayor, Chair and Deputy Chair of the Environment and Climate Change Committee and an Independent Māori Statutory Board member to approve Auckland Council’s submission on the draft National Adaptation Plan and managed retreat.

b)      note that the final submission will be provided to the Governing Body and Independent Māori Statutory Board for information.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Lauren Simpson - Principal Sustainability & Resilience Advisor

Authorisers

Matthew Blaikie – Chief Sustainability Officer

Megan Tyler - Chief of Strategy

Jim Stabback - Chief Executive

 

 


Governing Body

26 May 2022

 

 

Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Report

File No.: CP2022/06100

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the Health, Safety and Wellbeing Report referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.       The Audit and Risk Committee considered the Health, Safety and Wellbeing Report at its meeting on 17 May 2022.

3.       The Audit and Risk Committee resolved as follows:

“Resolution number AUD/2022/16

That the Audit and Risk Committee:

a)      note the information in this report and associated health, safety, and wellbeing indicators

b)      refer this report to the Governing Body along with any commentary the committee deems appropriate; and recommend that the Governing Body forward this report to local boards for their information.”

4.       Clause b) of the recommendation to the Audit and Risk Committee refers the report to the Governing Body for noting along with any commentary the Audit and Risk Committee feels is appropriate and recommends that the report be forwarded to local board for their information.

5.       The Audit and Risk Committee discussed in particular responsibility for contractor management HSW issues, top down views of critical controls to ensure no gaps exist, ventilation of work spaces to mitigate Covid-19 risk and the requirement for vaccine mandate equivalent policies where a premises being visited has such rules in place (e.g. a rest home). The Committee requested that these particular matters be brought to the attention of the Governing Body.

6.       The original Health, Safety and Wellbeing Report to the Audit and Risk Committee is appended as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the Auckland Council's Health, Safety and Wellbeing (HSW) performance report (Attachment A of the agenda report) and any commentary from the Audit and Risk Committee

b)      forward the report to all local boards for their information.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Health, Safety and Wellbeing Report to the Audit and Risk Committee 17 May 2022

205

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Chief Executive

 

 


Governing Body

26 May 2022

 

 

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Governing Body

26 May 2022

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 26 May 2022

File No.: CP2022/03571

 

  

 

Te take mō te pūrongo

Purpose of the report

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

2.       To 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

21.4.22

Regional Safe Speeds Programme Update

26.4.22

CONFIDENTIAL Action Memorandum from Upper Harbour Local Board – Upper Harbour Highway – Bookings for Constellation Reserve (no attachment)

10.5.22

Submission on Te mahere urutaunga ā-motu (tuhinga hukihuki):  Draft National Adaptation Plan, released on 27 April 2022

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

18.5.22

Consultation on the Draft National Adaptation Plan

 

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

b)      receive the Summary of Governing Body information memoranda, workshops and briefings – 26 May 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

215

b

Regional Safe Speeds Programme Update (Under Separate Cover)

 

c

Submission on Te mahere urutaunga ā-motu (tuhinga hukihuki):  Draft National Adaptation Plan, released on 27 April 2022 (Under Separate Cover)

 

d

Workshop:  Consultation on the Draft National Adaptation Plan (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

26 May 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

Update Report to 31 December 2021 28, April 2022
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

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 matters 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
Link to restatement

Report on C9 Works Update CONFIDENTIAL
24 February 2022
Link to restatement

As and when required

Auckland Light Rail

Heads of Terms of the Sponsor’s Agreement

Decisions to whakaae / approve matter associated with Auckland Light Rail

 

Progress to date:

Report on Detailed Planning Phase 28 April 2022
Link to restatement

 

 

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

Update Report 28 April 2022
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 mutualinterest 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.

 

Progress to Date:

Approve statement of Proposal 23 September 2021
Link to decision

Bylaw Panel Report to adopt amendments 28 April 2022
Link to decision

 

 

 

 

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

Bylaw Panel Report to adopt amendments 28 April 2022
Link to decision

 

 

 

 

Recommendation

 

 

 

 

 

 

 

 

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

 



[1]    Councillors Linda Cooper (Chair) and Shane Henderson, Auckland Transport Board directors Kylie Clegg and Darren Linton, and Independent Māori Statutory Board Member Glenn Wilcox.

[2]    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.

[3]    Albert-Eden, Devonport-Takapuna, Franklin, Hibiscus and Bays, Māngere-Ōtāhuhu, Maungakiekie-Tāmaki, Ōrākei, Ōtara-Papatoetoe, Puketāpapa and Waitematā Local Boards.

[4]    For example, the proposal does not apply council controlled public place rules to land under the control of the Tūpuna Maunga o Tāmaki Makaurau Authority or to internal signs not on or visible from council controlled public places or the Auckland transport system. The proposal does however apply rules to signs on marae that are visible from council controlled public places or Auckland transport system as these could have safety impacts.