I hereby give notice that an ordinary meeting of the Upper Harbour Local Board Community Forum will be held on:

 

Date:

Time:

Meeting Room:

 

Venue:

 

Thursday, 5 May 2022

6.30pm

Upper Harbour Local Board Office and via Microsoft Teams
30 Kell Drive
Albany

 

Upper Harbour Local Board Community Forum

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Lisa Whyte

 

Deputy Chairperson

Margaret Miles, QSM, JP

 

Members

Anna Atkinson

 

 

Uzra Casuri Balouch, JP

 

 

Nicholas Mayne

 

 

Brian Neeson, JP

 

 

(Quorum 3 members)

 

 

 

Max Wilde

Democracy Advisor (Upper Harbour Local Board)

 

26 April 2022

 

Contact Telephone: (09) 486 8593

Email: Max.Wilde@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Upper Harbour Local Board Community Forum

05 May 2022

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Kaipātiki community stream care programme.                                                5

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Auckland Transport - Activities in the Road Corridor Bylaw 2022                          7

12        Consideration of Extraordinary Items

 


1          Welcome

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

3          Declaration of Interest

 

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

 

4          Confirmation of Minutes

 

That the Upper Harbour Local Board Community Forum:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 7 April 2022 as a true and correct record.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Upper Harbour Local Board Community Forum. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.


 

-

8.1       Kaipātiki community stream care programme.

Te take mō te pūrongo

Purpose of the report

1.       To receive an update on activities by Environmental Impact Assessments Limited.

Whakarāpopototanga matua

Executive summary

2.       Brett Stansfield representing Environmental Impact Assessments Limited, will be in attendance to inform the board on the Kaipātiki community stream care programme.

 

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      receive the deputation from Brett Stansfield, on behalf of Environmental Impact Assessments Limited, and thank him for his attendance and presentation.

 

Attachments

a          Kaipātiki community stream care briefing memo........................................... 53

b          Kaipātiki community stream care presentation.............................................. 55

 

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

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

 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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


 

 

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

 

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

 

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

 

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

 

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

 

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


Upper Harbour Local Board Community Forum

05 May 2022

 

 

Auckland Transport - Activities in the Road Corridor Bylaw 2022

File No.: CP2022/05097

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek local board input on Auckland Transport’s proposed Activities in the Road Corridor Bylaw 2022.

Whakarāpopototanga matua

Executive summary

2.       Auckland Transport proposes to use bylaw-making powers granted to Auckland Transport under the Local Government Act 2002 and the Land Transport Act 1998 to replace five existing, legacy bylaws with a new ‘Activities in the Road Corridor Bylaw’.

3.       A single bylaw encompassing all activities in the road corridor will make it easier for members of the public to find information about regulations, and for Auckland Transport to regulate activities in a consistent and appropriate way.

4.       As part of developing the proposed bylaw, a consolidation and refresh of regulations will be undertaken, and new provisions may be proposed where appropriate.

5.       Public consultation occurred in January and February 2022, and the new bylaw is expected to be operational in June 2022.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      provide feedback on the draft Activities in the Road Corridor Bylaw 2022 ahead of it being submitted to the Auckland Transport Board for final approval.

Horopaki

Context

6.       There are five bylaws relating to activities in the road corridor that require an approval from Auckland Transport. These are:

·    Trading and Events in Public Places Bylaw 2015

·    Public Safety and Nuisance Bylaw 2013

·    Rodney District Council General Bylaw 1998 Chapter Six Stock on Roads

·    Franklin District Council Stock on Roads Bylaw

·    Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015.

7.       Auckland Transport has developed a draft bylaw to regulate activities within the road corridor that were previously covered under these bylaws, such as construction; trading, events, and filming; and livestock on roads.

8.       The new bylaw should streamline processes and ensure activities across the road corridor are done so legally and safely and will be made under the bylaw-making powers granted to Auckland Transport under the Local Government Act 2002 and the Land Transport Act 1998.

9.       The proposed bylaw is a consolidation and refresh of regulations in the above bylaws. New provisions may also be proposed where appropriate, for example to future proof for planned activities such as climate change adaptations.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     Of the five bylaws listed above, three have expired (Rodney and Franklin livestock bylaws, and Public Safety and Nuisance bylaw) and one will expire at the end of March 2022 (Trading and Events in Public Places Bylaw 2015). The legacy bylaw provisions on Construction in the Road Corridor and Other Public Places Bylaw - a combined legacy bylaw approved in 2015 which covers seven bylaws from pre-amalgamation councils – is due to expire in October 2022.

11.     The existing bylaws do not cover everything they need to, because:

·    they were written before some innovations, situations or issues emerged, or

·    new operational issues have now been identified which need to be addressed to enable better management of the transport system.

12.     The core components of the bylaw will be based on existing bylaw rules around activities in, on, under and above the road corridor to ensure that relevant activities are undertaken safely, without damaging Auckland Transport assets. The bylaw will also detail which approvals are required.

13.     Key proposed changes to the bylaw are outlined in Attachment A and the full draft bylaw is included as Attachment B.

14.     Where possible, Auckland Transport intends to future-proof bylaws to allow for strategic outcomes and activities, such as changes to who uses parts of the road corridor.

15.     In addition, the ability to set fees and charges or reclaim costs associated with permits, licenses, leases, inspections, investigations or enforcement will be included where appropriate.

Public consultation

16.     Auckland Transport undertook engagement with the public in January and February 2022, by distributing information to all database contacts including Business Improvement Districts and advisory boards. A letter was posted to rural livestock owners.

17.     An electronic survey was advertised using social media and media releases.

18.     Facilitated focus groups were conducted with industry leaders and representatives from the following groups:

·    construction and traffic management

·    events and filming

·    trading (including micro-mobility, mobile vendors and performers)

·    livestock.

19.     Written submissions were invited, and seven people spoke to a hearings panel. 

20.     A more detailed review of public engagement and the emergent themes was supplied to local boards in mid-March and is included as Attachment C.


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     Auckland Transport is strongly committed to providing alternatives to private vehicle travel, reducing the carbon footprint of its own operations and, to the extent feasible, that of the wider transport network by encouraging use of electric vehicles, use of non-car transport and public transport.

22.     This bylaw contributes directly to these goals, including new provisions for managing electric vehicle parking and better regulating micro-mobility (i.e. electric scooters), both of which will directly lower emissions.

23.     Further, the bylaw seeks to address some of the issues currently experienced managing traffic around filming, events and work in the road corridor. Better traffic management improves the efficiency all types of transport, reducing carbon emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     Officers from Auckland Transport and Auckland Council worked together to develop the draft bylaw and investigated two options to make sure that Auckland Transport and Auckland Council bylaws remain compatible, and avoid regulatory gaps:

·    option one was for both organisations to develop ‘mirror’ bylaws, which are identical, and then each entity just enforces the aspects under their respective legal remits

·    option two was for each organisation to develop ‘zipper’ style bylaws, where each bylaw covers the aspects under control of the organisation, and the two bylaws together cover the full needs with no overlap

25.     The ‘Activities in the Road Corridor Bylaw’ has utilised the ‘zipper’ approach as:

·    the bylaw relates to approval processes for activities within the transport network (for example, construction of a vehicle crossing or running a mobile stall); and

·    Auckland Transport’s mandate for bylaws is much narrower than Auckland Council’s. ‘Zipper’ bylaws allow fewer, clearer, and more succinct bylaws that are consistent across activities; and

·    Auckland Transport can still delegate enforcement powers to Auckland Council, e.g., for permitting micro-mobility providers.

26.     Provisions relating to trading, events and filming have been aligned with the Auckland Council Public Trading, Events and Filming Bylaw 2022, which takes effect from 26 February 2022 and regulates similar activities in public places other than the road corridor.

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

Local impacts and local board views

27.     This report is to formalise local board feedback on the draft bylaw.

28.     Local board members were invited to attend an online briefing for local boards on 18 February 2022. In addition, local board workshops with subject matter experts were organised for boards that requested one.


 

 

Tauākī whakaaweawe Māori

Māori impact statement

29.     Both Auckland Transport and Auckland Council are committed to meeting their responsibilities under Te Tiriti o Waitangi (the Treaty of Waitangi) and its broader legal obligations in being more responsible or effective to Māori. Auckland Transport’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua tribes in delivering effective and well-designed transport policy and solutions for Auckland. Auckland Transport also recognise mataawaka and their representative bodies and our desire to foster a relationship with them. This plan is available on the Auckland Transport website - https://at.govt.nz/about-us/transport-plans-strategies/maori-responsiveness-plan/#about

30.     The actions being considered are likely to have few specific impacts on Māori, because the bylaw consolidates a number of existing bylaws into one new bylaw.  Further, the bylaw changes do not impact on land or water rather on behaviours so do not impact on Māori kaitiakitanga of these resources.

31.     At the time this report was written, specific Māori engagement is being undertaken. Representatives of mana whenua tribes have been contacted and hui are currently underway. This feedback is not currently available but will be included in the information provided to the Auckland Transport Board.

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications for local boards providing feedback on the proposed bylaw.

33.     For Auckland Transport, this bylaw will have limited financial impact. The bylaw consolidates existing bylaws into one bylaw and does not create significant new revenue streams, nor public expenditure.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34.     Three of the bylaws have expired and a fourth is due to expire in 2022. Without a replacement bylaw, Auckland Transport does not have the legal right to give approval for activities in the road corridor or enforce certain behaviours on the road network. For example, Auckland Council’s current regulation of public hire micro-mobility devices is regulated through the Auckland Transport Trading and Events in Public Places Bylaw 2015, which expires at the end of March 2022.

35.     Although Auckland Transport will not be able to have this new bylaw in place before the end of March the aim is to mitigate risk by getting approval as quickly as possible.

Ngā koringa ā-muri

Next steps

36.     Based on feedback received from local boards, iwi and through the public consultation, Auckland Transport staff will make recommendations to the Auckland Transport Board on any proposed changes to the draft bylaw.

37.     The Auckland Transport Board will decide in May 2022 whether to go ahead with the changes to the draft bylaw as proposed.

38.     The Activities in the Road Corridor bylaw is expected to become operative in June 2022.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Quick guide – Activities in the road corridor bylaw 2022

13

b

Draft bylaw – Activities in the road corridor

19

c

Consultation report – Activities in the road corridor

41

      

Ngā kaihaina

Signatories

Authors

Kat Ashmead - Senior Advisor Operations and Planning, Local Board Services.

Andrew McGill, Head of Integrated Network Planning, Auckland Transport.

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 

 


Upper Harbour Local Board Community Forum

05 May 2022

 

 

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Upper Harbour Local Board Community Forum

05 May 2022

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    Kaipātiki community stream care briefing memo. Page 53

Item 8.1      Attachment b    Kaipātiki community stream care presentation. Page 55


Upper Harbour Local Board Community Forum

05 May 2022

 

 

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