Agenda of Devonport-Takapuna Local Board

1 Welcome

The meeting will open with a karakia.

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio

He huka

He hau hū

Tīhei mauri ora

Cease o winds from the west

Cease o winds from the south

Bring calm breezes over the land

Bring calm breezes over the sea

And let the red-tipped dawn come

With a touch of frost

A sharpened air

And promise of a glorious day.

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member

A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 19 July 2022, as true and correct.

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 Devonport-Takapuna Local Board. 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.

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

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.”

11 Notices of Motion

Under Standing Order LBS 3.11.1 and Standing Order LBS 3.10.17 (revoke or alter a previous resolution) a Notice of Motion has been received from Chairperson Ruth Jackson for consideration under item 12.

No.	Title	Page
a ⇩	Notice of Motion - R Jackson - Waiwharariki Anzac Square toilets	11

Devonport-Takapuna Local Board

16 August 2022

Auckland Council’s Quarterly Performance Report: Devonport-Takapuna Local Board for quarter four 2021/2022

File No.: CP2022/11694

Te take mō te pūrongo

Purpose of the report

1. To provide the Devonport-Takapuna Local Board with an integrated performance report for quarter four, 1 April to 30 June 2022, and the overall performance against the approved 2021/2022 local board work programmes.

Whakarāpopototanga matua

Executive summary

2. This report and its attachments provide an integrated view of the Devonport-Takapuna Local Board work programmes for the period 1 April to 30 June 2022. This report also includes financial performance and delivery against approved work programmes for the 2021/2022 financial year. The work programme is produced annually and aligns with Devonport-Takapuna Local Board Plan outcomes.

3. Key activity achievements from the 2021/2022 work programme include:

ID and Activity Name	Description
120-Citizenship ceremonies	On-site ceremonies were cancelled due to Covid restrictions and on the advice of the Department of Internal Affairs. Council staff planned and delivered online ceremonies that enabled candidates to celebrate this important event with their families and friends.
1693- Top up funding Devonport Community House Incorporated	The house committee and staff used the funding to make the house more inviting, comfortable, and accessible. Planning was also undertaken to promote the use of the centre and to collaborate with other groups and providers in the area.
1190-Devonport-Takapuna Activation of parks, places, and open spaces	A range of free events was delivered with 18 activations across 11 locations attracting 879 attendees.
23962-Sunnynook Park Wheeled sports area	Works commenced on the detailed design following local board and community input on the preferred design and location.
Licence to Occupy for the site of the pump track Woodall Park, Devonport	The proposed licence to the Rotary Club of Devonport was publicly notified. No objections were received, and the licence agreement is now being executed.
1426-Access to library services Devonport-Takapuna	In what has been a difficult year library staff have delivered a range of services, both in-person and online. Collections were curated for customers unable to visit the library and delivered to their homes. During lockdown staff contacted customers to ensure they were aware of the services available and to facilitate a level of connectedness.
1581-Devonport Business Association 1579-Takapuna Beach Business Association 1580-Milford Business Association	The business associations provided marketing and online support to its members during Covid lockdowns. The associations also delivered a series of events that attracted visitors and shoppers to their areas creating opportunities for people to connect and generate business for its members.
30862-Sunnynook Park, new toilet at Tonkin Drive	The design of the new toilet was agreed upon following public consultation and input. The unit is on order and works will begin once necessary approvals have been secured

4. Key activities not delivered / not progressed as expected include:

ID and Activity Name	Description
609-Review of Devonport-Takapuna Greenways Plan Phase two	A further workshop is required to consider the draft document. This will be undertaken in quarter 1 of the 2022/2023 financial year.
3107-Te Kete Rukuruku Māori naming of parks and places Tranche One	Discussions are ongoing but resourcing issues have impacted the delivery of Tranche One names. Adoption of the Māori names is expected in the 2022/2023 financial year.
1592-Community emergency resilience programme	Covid lockdowns impacted the delivery of this item as staff were prevented from undertaking face-to-face meetings and finalising the five local plans. Auckland Emergency Management has been unable to support the delivery of plan outcomes, this will be the focus of the 2022/2023 financial year.

5. There are a number of new leases and lease renewals that have been deferred to the 2022/2023 work programme. A programme detailing how and when each of these matters will be managed will be brought to the local board in quarter one of the 2022/2023 year for consideration.

6. All activity updates from the local board work programme can be viewed in Attachment A.

7. Qualifying budgets of unfinished activities will be carried forward into 2022/2023 work programmes.

8. The financial performance report is included in Attachment B but is excluded from the public. This is due to restrictions on releasing annual financial reports and results until the Auckland Council Group results are released to the NZX – on or about 29 August 2022.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the performance report for quarter four ending 30 June 2022.

b) note the financial performance report in Attachment B of the agenda report will remain confidential until after the Auckland Council Group results are released to the NZX – on or about 29 August 2022.

Horopaki

Context

9. The Devonport-Takapuna Local Board approved 2021/2022 work programmes for the following:

· Customer and Community Services (resolution DT/2022/96)

· Infrastructure and Environmental Services (resolution DT/2022/97)

· External Partnerships - BIDS (resolution DT/2022/98)

· Auckland Emergency Management (resolution DT/2022/99); and

· Tātaki Auckland Unlimited (resolution DT/2022/100).

10. Graph 1 below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome

COVID-19 restrictions

11. Auckland has faced COVID-19 restrictions (Level 3 and 4) from 17 August to 2 December 2021, when all of New Zealand moved to the COVID-19 Protection Framework, also known as the traffic lights. Auckland went into traffic light red, moving to traffic light orange on 30 December 2021.

12. Auckland Council regional and community facilities were closed in Level 3 and 4. Restrictions were slightly eased in Level 3, Step 2 and from mid-November 2021 libraries and the majority of arts and community centres were reopened. Pools and leisure centres were able to reopen from 3 December 2021 when New Zealand moved to the COVID-19 Protection Framework.

13. From 30 December 2022 until 13 April 2022, Auckland was in the red traffic light setting under the COVID-19 Protection Framework, which impacted council and community-delivered event planning and programming. From 13 April 2022 Auckland has been in the orange traffic light setting.

14. COVID-19 has also had an impact on the supply chain for capital project materials causing delays.

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

15. Graph 2. below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), activities that have significant issues (red) and activities that have been cancelled (grey).

Graph 2: Work programme performance by RAG status

Key activity updates from quarter four

16. The key achievements in the delivery of the local board work programmes for 2021/2022 during quarter four include:

ID and Activity Name	Description
111-Age friendly approach	Staff finalised details for a multi-board digital literacy programme that will be delivered in partnership with Digital Seniors, building on the success of the digital inclusion programme. Kai for Communities worked with the Rose Centre to deliver 500 meals to older residents. This service has been invaluable to those impacted by Covid lockdowns and isolation.
18252-Patuone Reserve-Upgrade and renew walkway	Stage 1 one works cannot be completed as the grip/tread required is held up at the port. Stage 2 works are progressing well and on schedule for completion August 2022
115-Youth development	Shore Junction hosted 1400 visitors in quarter four.. Activities included the launch of Shore Junction records and the delivery of Pride events led by Rainbow Junction. Younite produced its strategic plan that was shared with the local board at a workshop. It focuses youth mental health, employment issues, promoting environmental and sustainability issues and advocating for more affordable and reliable public transport.
1532-Devonport-Takapuna Local Parks Management Plan	Work recommenced on this important document that will guide future decisions on the use and management of local parks, reserves, and open spaces.
30834-Bayswater Park-renew fitness equipment	The old fitness equipment has been removed and the site prepared for new equipment. Whilst delivery of the new equipment has been delayed installation will only take two weeks once the equipment is available.

Key activity achievements from the 2021/2022 work programme

17. The key achievements in the delivery of the local board work programmes for 2021/2022 include the completion of the following projects:

· ID 23600 - Renewal of play space and equipment at Oliver/Kawerau Reserve

· ID 24358 - Renewal of play space and equipment at Nile Reserve

· ID 20462 - Renewal of play space and equipment at Melrose Reserve

· ID 24256 - Renewal of play space and equipment at Lansdowne Reserve

· ID 24264 - Renewal of play space and equipment at Linwood Reserve

· ID 28011 - Renewal of first-floor deck, Mary Thomas Centre, Takapuna

· ID 1841 - Renewal of Aramoana Reserve, sea wall and boat ramp

· ID 1862 - Renewal Lansdowne Reserve, sea wall

· ID 30675 - Refresh of playing field at Dacre Park

· ID 20482 - Completion of new toilets and changing facilities, including the fully accessible Changing Places facility, Gould Reserve, Takapuna

· ID 20584 - Completion of new toilets and changing facilities, Milford Beach Reserve

· ID 926 - New Licence to Occupy to the Korean Garden Trust for the site on Barry’s Point Reserve

· ID 919 - New lease to Takapuna Lawn Tennis Club, Bracken Reserve, Takapuna

Overview of work programme performance

Customer and Community Services work programme

18. In the Customer and Community Services work programme, there are 93 activities that were completed or are on track (green), 27 activities that are in progress but are delayed (amber), 3 activities that are significantly delayed, on hold or not delivered (red), and 6 activities that have been cancelled and deferred (grey). Activities with significant impacts are discussed below:

Table 3: Customer and Community Services activities with significant impact

Activity ID and name	RAG status	Activity status	Explanation and mitigation
3063-Auburn Reserve Service Assessment	Red	In progress	Further engagement with lease holders required
26409-Greville Reserve Learn to Ride	Red	In progress	Awaiting Watercare assessment of structure
925-New lease Devonport Community Creche	Red	Deferred	Waiting on kitchen upgrade before completing lease
122-Local civic events	Grey	Deferred	No events required
23763-Achilles Reserve carpark renewal	Grey	Cancelled	Renewal of asset not currently required
30080-52 King Edward Parade refurbishment	Grey	Cancelled	Being dealt with by commercial business unit as this renewal is regionally funded
30080-55 King Edward Parade refurbishment	Grey	Cancelled	Being dealt with by commercial business unit as this renewal is regionally funded
Queens Parade boat Ramp	Grey	Cancelled	No further action following initial investigation into this matter
29203-Seabin Milford	Grey	Cancelled	The proposed Seabin is unlikely to be funded and installed by community group, therefor maintenance budget is not required
123-Devonport Peninsula Trust Events	Amber	Deferred	Event delivery impacted by staffing changes and COVID. Deferred to 2022/2023
30508-Devonport Domain play space	Amber	On hold	Heritage NZ authority for physical investigation requires support from mana whenua. This will be sought once the local board progresses a relationship agreement and a design group is established to consider non-invasive and interpretive play items for the site.
20689-Takapuna Beach Development Plan (Te Uru Tapu/Sacred Grove)	Amber	On hold	Project on hold until work programme resolutions are received.
929-New lease Age Concern	Amber	On hold	Waiting on results of needs assessment and investigation into asset condition before determining the future of properties at 3 Gibbons Rd, Takapuna
934-New lease ANCAD	Amber	On hold	Waiting on results of needs assessment and investigation into asset condition before determining the future of properties at 3 Gibbons Rd, Takapuna
935-New lease North Shore Housing Trust	Amber	On hold	Waiting on results of needs assessment and investigation into asset condition before determining the future of properties at 3 Gibbons Rd, Takapuna
927-New lease Takapuna North Community Trust	Amber	On hold	Waiting on results of needs assessment and investigation into asset condition before determining the future of properties at 3 Gibbons Rd, Takapuna

Infrastructure and Environmental Services work programme

19. In the Infrastructure and Environmental Services work programme, all six activities will be completed by end of June 2022 (green).

External Partnerships work programme

20. In the External Partnerships work programme, all four activities will be completed by end of June 2022 (green).

Auckland Emergency Management work programme

21. In the Auckland Emergency Management work programme, the one activity is in progress but delayed (amber).

22. The Community emergency resilience programme (ID 1592) was impacted by Covid lockdowns that prevented in-person meetings and ultimately the delivery of the finalised local community resilience plans.

23. Staff were able to support a severe weather community scenario exercise in May 2022 and have continued to attend community plan meetings.

Tātaki Auckland Unlimited work programme

24. In the Tātaki Auckland Unlimited work programme, the Young Enterprise Scheme Kick Start day (ID 1475) was delivered in February 2022.

Deferred activities

25. The Lead Financial Advisors are identifying projects from the local board’s 2021/2022 Locally Driven Initiatives (LDI) operational budget which meet the criteria to be carried forward. These will be added to the work programme to be delivered in 2022/2023.

Tauākī whakaaweawe āhuarangi

Climate impact statement

26. Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

27. The local board is invested in several sustainability projects, which aim to build awareness around individual carbon emissions, and changing behaviour at a local level. These include:

ID and Name	Description
126 – Applying the empowered communities’ approach	The Strategic Broker supported librarians to develop a sustainability strategy and plan how libraries can become community hubs,
610-DT Ecological and environmental programme	Staff support community groups, schools, and kindergartens to care for reserves by planting, weeding, and mulching. Education and support are also given to manage pest plants and animals.
742-Pest free environmental coordinators	Support is provided to Restoring Takarunga Hauraki and Pupuke Birdsong in their endeavours to give advice and practical support to landowners and community representatives to protect and enhance native biodiversity. Advice is provided on composting, waste management and living more sustainably.
637-Wairau Estuary enhancement planting	A programme of native planting and weed management in the area surrounding the Wairau Estuary. This aligns with the community’s aspiration to improve water quality in the area.
886- Wairau creek industrial pollution prevention programme	Local businesses are informed and educated about their activities’ impacts on local waterways and how to manage waste and pollutants in more sustainable ways.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28. When developing the work programmes council group impacts and views are presented to the local board.

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

Local impacts and local board views

29. This report informs the Devonport-Takapuna Local Board of the performance for quarter four ending 30 June 2022 and the performance for the 2021/2022 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

30. The local board’s work programme contains several activities which deliver on Maori outcomes for the 2021/2022 financial year including:

ID and Activity Name	Description
3107-Te Kete Rukuruku	Dual naming and associated storytelling of parks and open spaces with Mana Whenua to value and promote Auckland Māori identity and use of te reo Māori
116-Taha Māori, Māori responsiveness	Restoring Takarunga Hauraki led a coalition involving the Depot Artspace, libraries, Takapuna North Community Trust, Devonport Community House, Sunnynook Community Centre, The Rose Centre, Pupuke Birdsong, The Lake House Arts Centre and Devonport Business Association to deliver a series of Matariki events. This programme provides opportunities to build relationships with maatawaka and mana whenua including several sessions of lantern making Hikoi Kotahitanga down Takarunga Hauraki Peninsula, Rongoa events with Terehia and Ngahiwi Walker, Kaiawhina gathering with Natanahira Te Pona and hangi at Devonport Community House. The Arts and Ecology Wangana provided a genuine opportunity for the community to see Matauranga Māori in action
1429- Māori Language Whakatipu I te reo Māori	Libraries champion and embed te reo maori in everyday communications. In quarter 4 Devonport Library had over 100 visitors during Matariki who participated in storytelling and Māori games.

Ngā ritenga ā-pūtea

Financial implications

31. This report is provided to enable the Devonport-Takapuna Local Board to monitor the organisation’s progress and performance in delivering the 2021/2022 work programme. There are no financial implications associated with this report.

Financial Performance

32. Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, the Council is subject to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H. These obligations restrict the release of annual financial reports and results until the Auckland Council Group results are released to the NZX – on or about 29 August 2022. Due to these obligations the financial performance attached to this report is excluded from the public.

33. Due to these obligations the financial performance included as Attachment B to the agenda report is under confidential cover.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Overview of work programme performance’ section.

Ngā koringa ā-muri

Next steps

35. Work programmes for 2022/2023 were approved at the board’s business meeting in June 2022.

36. Deferral of budgets of unfinished activities will be added into 2022/2023 work programmes by quarter one reporting

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board - 1 April to 30 June 2022 Work Programme Update	23
b ⇩	Devonport-Takapuna Local Board - Operating Performance Financial Summary - Confidential

Ngā kaihaina

Signatories

Author	Maureen Buchanan – Senior Local Board Advisor
Authorisers	Eric Perry - Local Area Manager

Devonport-Takapuna Local Board

16 August 2022

Urgent Decision Report - Devonport-Takapuna Local Board feedback for inclusion in Auckland Council’s feedback on the Water Services Entities Bill

File No.: CP2022/11517

Te take mō te pūrongo

Purpose of the report

1. To receive the decision made using the Devonport-Takapuna Local Board’s urgent decision-making process to provide local board input for inclusion in Auckland Council’s submission on the Water Services Entities Bill.

Whakarāpopototanga matua

Executive summary

2. The Water Services Entities Bill was introduced to Parliament on 2 June and referred to the Finance and Expenditure Select Committee on 9 June. Submissions closed on 22 July.

3. The introduction of the Bill follows release of the exposure draft in December 2021 to support the work of the Representation, Governance and Accountability Working Group. The Government has responded to recommendations of this Working Group and this response is reflected in the Bill.

4. The Bill establishes the Northern Water Services Entity that includes Auckland Council, Far North District Council, Kaipara District Council, and Whangārei District Council.

5. There are a number of changes in the final Bill which include provisions for:

a) the allocation of population-based shares to territorial authority owners – however these do not come with decision-making rights and cannot be sold so do not provide the typical ownership that shareholding normally brings

b) a divestment proposal requiring unanimous support from territorial authority owners to proceed to a public poll

c) the Water Services Entity (WSE) to fund the work of the Regional Representatives Group (RRG), regional advisory panels, territorial authority owners and mana whenua

d) the introduction of regional advisory panels to the RRG

e) a single constitution that applies to the RRG, the regional advisory panels and the WSE board

f) the Statement of Strategic and Performance Expectations to include how the WSE will give effect to Te Mana o Te Wai

g) the strategic elements of the Statement of Intent to be approved by the RRG

h) an individual iwi or hapū or group of iwi or hapū providing Te Mana o Te Wai statements that may relate to one or more freshwater bodies

i) the Minister to consult with the RRG and Taumata Arowai in the preparation of a Government policy statement

j) each local government organisation to provide the Department of Internal Affairs with information about intended decisions during transition that relate to the provision of water services

k) review of governance and accountability arrangements after five years and legislation after 10 years

6. The Water Services Entities Bill can be found here.

7. Delegation and approval was sought at the Governing Body meeting on 23 June 2022. The report can be found here (item 9).

8. Auckland Council was given the opportunity to provide feedback on the Government’s Water Services Entities Bill. Formal feedback from local boards received before or on 19 July 2022 was appended to the council’s submission. Therefore, the opportunity for the local board to formalise its feedback by resolution falls outside of the scheduled business meeting times. The next available Devonport-Takapuna Local Board business meeting was scheduled for 16 August 2022; therefore, the urgent decision process was used to formalise the local board’s feedback.

9. A copy of the final Devonport-Takapuna Local Board feedback for inclusion in Auckland Council’s feedback on the Water Services Entities Bill and a copy of the Urgent Decision memo is included as Attachment A to the agenda report.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the urgent decision made on 18 July 2022 as set out in Attachment A of this agenda report, providing Devonport-Takapuna Local Board feedback to the Governing Body for inclusion in Auckland Council’s feedback on the Water Services Entities Bill.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board - Uregent Decision Memo and Feedback for inclusion in Auckland Council’s feedback on the Water Services Entities Bill.	57

Ngā kaihaina

Signatories

Author	Rhiannon Foulstone-Guinness - Democracy Advisor
Authoriser	Eric Perry - Local Area Manager

Devonport-Takapuna Local Board

16 August 2022

Local Board Government Electoral Legislation Bill

File No.: CP2022/11754

Te take mō te pūrongo

Purpose of the report

1. To provide feedback to the Governing Body for when it considers an Auckland Council submission on the Local Government Electoral Legislation Bill (the Bill).

Whakarāpopototanga matua

Executive summary

2. The Bill is an omnibus bill in that it amends several statutes. It:

· removes the restriction of 20 councillors on the Governing Body

· provides a revised process for establishing Māori wards

· allows minor changes to local board boundaries for the purpose of alignment between ward and local board boundaries

· provides a dedicated process for the reorganisation of local boards

· provides more flexibility for lodging candidate nominations (e.g. electronic nominations)

· provides more detail around resolving ties and conducting recounts

3. The provisions that relate to Auckland Council are in response to submissions the council has made previously. Staff recommend general support for the provisions relating to the number of councillors on the Governing Body, the alignment of boundaries and a separate process for the reorganisation of local boards (as in the proposed Schedule 3A).

4. The process for establishing Māori wards arises out of feedback from consultation on a discussion document. The proposed provisions generally align with the feedback provided by Auckland Council on the discussion document. Some local boards at that time raised the issue of Māori representation on local boards. That has not been addressed in the proposed provisions.

5. Staff recommend support for the provisions relating to candidate nominations, tied votes and recounts.

6. The Bill is attached as Attachment A. There is an explanatory note at the front of the Bill. There is additional information, including Cabinet papers and submissions on the previous discussion document, on the Department of Internal Affairs website: https://www.dia.govt.nz/maori-wards

7. Attachment B contains a comparison of proposed provisions for the reorganisation of local boards in Schedule 3A with the current provisions in Schedule 3.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) consider its feedback on the Local Government Electoral Legislation Bill.

Horopaki

Context

8. The Bill was introduced on 26 July 2022. It has had its first reading and has been referred to the Governance and Administration Committee. Submissions to the committee close on 14 September 2022.

9. The Bill is an omnibus bill and amends three statutes.

10. It amends the Local Government (Auckland Council) Act 2009 to remove the set number of councillors on the governing body for Auckland Council. Like every other council, the number of councillors on the governing body will be able to be reviewed to be between 5 and 29 total councillors. Auckland Council has been requesting this since 2015.

11. It amends the Local Electoral Act 2001 to:

a) provide a revised process for establishing Māori wards

b) allow minor changes to local board boundaries for the purpose of alignment between ward and local board boundaries, to be included in the council’s proposal when it conducts its review of representation arrangements

c) provide more flexibility for lodging candidate nominations (eg electronic nominations)

d) provide more detail around resolving ties and conducting recounts.

12. It amends the Local Government Act 2002 to include a new Schedule 3A. The current schedule 3 deals with the reorganisation of councils (establishment, abolishment, amalgamation) and any reorganisation of local boards would currently have to be conducted under those provisions. The proposed schedule 3A provides a process specifically for unitary authorities which have local boards.

13. The Governing Body will consider a submission from Auckland Council at its meeting on 25 August 2022.

Tātaritanga me ngā tohutohu

Analysis and advice

Local Government Auckland Council Act 2009

14. The amendment to the Local Government Auckland Council Act 2009 to remove the restriction on the number of councillors on the governing body has been requested previously by the council. It will allow the council to review the total number of members when it conducts a representation review for the 2025 elections.

15. Every other council in New Zealand is able to review the number of councillors between a minimum of 5 and maximum of 29. In reviewing the number of councillors, Auckland Council will be able to consider Auckland’s growing population. It will also take into account that the number of members elected from Māori wards is proportional to the total number of councillors.

16. Staff propose that the Auckland Council supports this provision in line with its previous submissions.

Local Electoral Act 2001 – Māori wards

17. The proposed process for establishing Māori wards has two-steps:

a) A council decides whether it should have Māori representation

b) If a council resolves to have Māori representation, then it must provide for Māori wards when it conducts its representation review.

18. The Bill requires a council to consider Māori representation at the following times:

a) If the council did not have Māori wards for the previous two elections, it must consider Māori representation for the next election

b) If the council did have Māori wards for the previous two elections, then it may consider Māori representation for the next election.

19. Before a council decides whether to have Māori representation it must engage with Māori and other communities of interest and take their views into account.

20. The decision on whether to have Māori representation must be made by 20 December two years prior to an election. The review of representation arrangements takes place in the year prior to an election year, following the decision on Māori representation.

21. Auckland Council’s submission on the discussion document that preceded the bill reflected the position of the Governing Body that Māori representation in local government should be modelled on Māori representation in Parliament. The Parliamentary Māori electorate provisions are contained in legislation – the Electoral Act 1993. Any legislation, before it is made, must provide for public consultation through a select committee. Once enacted, legislation remains in place until Parliament chooses to review it.

22. The proposed process requires councils to consider Māori representation if they do not already have it, including engagement with Māori and the community. There is no requirement on councils to resolve to have Māori representation. However, if a council has Māori representation then it is not required to reconsider Māori representation though it may if it chooses. Staff consider that the proposed process is in line with the previous position of the Governing Body and recommend support for the process.

23. Staff propose that Auckland Council supports these provisions.

24. Some local boards, in their feedback on the previous discussion document, advocated for Māori representation on local boards (the local board equivalent to a Māori ward would be a Māori subdivision). The Bill does not address this. Although possibly out of scope of the current proposals, local boards who feel strongly about Māori representation on local boards might consider advocating for this.

Local Electoral Act 2001 – minor changes to local board boundaries as part of a representation review

25. When a council establishes wards one of the principles it must observe is fair representation. This principle requires that each councillor represents the same number of people as the average across the whole of Auckland, within a 10 per cent margin. The Local Government Commission may approve exceptions to this requirement based on maintaining communities of interest. However, when ward boundaries have to change to meet the fair representation requirement, they get out of alignment with local board boundaries.

26. The Governing Body, at its meeting on 30 July 2015, aware of the potential for such misalignments to occur, resolved to:

“seek legislative change that provides the Local Government Commission the power to determine a change to a local board boundary where the key purpose is to achieve alignment with a ward boundary that is changed as a result of a review of representation; provided that either the change is minor or, if not minor, the change:

(i) ensures effective representation of communities of interest within both the local board area and the ward, and

(ii) is supported by the affected local boards, and

(iii) was publicly notified as part of the representation review.”

(GB/2015/1)

27. The advice received back at the time was that the Minister declined to take this forward. The Bill picks this issue up again but in a slightly different way.

28. Presently the boundaries of local boards can only be altered through a reorganisation process. This is a resource intensive process which means it is unlikely to be used to make minor changes to local board boundaries.

29. The Bill provides that a unitary authority, when it proposes its representation arrangements, is able to include proposals for adjusted local board boundaries in order to maintain alignment with ward boundaries where these are minor. The extent of permissible adjustment will be defined in regulations in terms of the maximum population transfer permitted. Staff expect this quantity to be low.

30. Such changes would need to result in boundaries that enable democratic local decision making by, and on behalf of, communities of interest throughout the district and enable equitable provision to be made for the current and future well-being of all communities of interest within the affected area. They would also, so far as practical, coincide with ward boundaries.

31. Staff consider that this provision will most likely be rarely used but support its inclusion as an option available to the council when it conducts its review of representation arrangements. The provisions in the Bill mean that any proposal to change local board boundaries will be included in the council’s initial proposal. The Governing Body has, in the past, consulted with local boards on any matters it includes in the council’s initial proposal that affect local boards. Following public notification of the initial proposal, the public and local boards can make submissions and the Governing Body then decides the council’s final proposal which is publicly notified for objections and appeals. The Local Government Commission determines any objections and appeals. There is therefore ample opportunity for consideration of a proposal to change local board boundaries to align with ward boundaries, with local boards and the public able to make their views known.

32. There are operational costs associated with changes to local board boundaries and these would need to be considered as part of any change to local board boundaries. For example, records on council’s property database include a local board field. A change to a local board’s boundaries would require changes to affected property records.

33. Staff propose that the Auckland Council supports these provisions.

Local Electoral Act 2001 – ties and recounts

34. The Bill provides that rather than resolving a tie by lot, a judicial recount is held. A council cannot be sworn in until recounts are resolved, but an urgent meeting may be held if necessary.

35. Staff propose that the Auckland Council supports this provision.

Local Electoral Act 2001 – candidate nominations

36. The Bill provides for candidates to submit nominations in a manner approved by the Electoral Officer (such as electronically).

37. Staff propose that the Auckland Council supports this provision.

Local Government Act 2002 – Schedule 3A - Establishment or reorganisation of local board areas in unitary authority districts

38. Currently any reorganisation of local boards would have to be carried out under the provisions relating to reorganisation of local authorities (Schedule 3 of the Local Government Act 2022). Because of this, these provisions are cumbersome when used solely to address local board numbers and boundaries within a single unitary authority. For example, they provide for dealing with assets and for transition committees, which are not relevant to local board reorganisation.

39. The Bill proposes a new Schedule 3A as a replacement for Schedule 3 when being used to addressing local board numbers and boundaries within a single unitary authority. It retains the two alternative processes for determining a reorganisation plan, but removes unnecessary requirements:

a) The Local Government Commission conducts an investigation, on receipt of a re-organisation initiative or a request for an investigation, and, as a result, adopts a re-organisation plan

b) A unitary authority adopts a re-organisation plan which the Local Government Commission must approve if the requirements in the Bill are met.

40. Attachment B contains a table comparing the current process under Schedule 3 with the proposed process under Schedule 3A. This shows the process the council would use for a reorganisation of local boards without a legislation change compared to the process with the legislation change.

41. The following describes the key elements of the process in Schedule 3A.

First process

42. Under the first process, a unitary authority or group of 10 per cent or more of electors (of the affected area), or the Minister, may submit a reorganisation initiative or request for an investigation. Before making a decision on whether to investigate the Commission must consult the unitary authority and any affected local board. If the Commission decide to investigate, it must adopt a process. The process must include consultation.

43. The Commission must take into account how best to achieve all of the following objectives:

a) enabling democratic decision making by, and on behalf of, communities within the local board area

b) better enabling the purpose of local government to be given effect to within the local board area

c) efficiencies and cost savings

d) assurance that a local board has the resources necessary to enable it to effectively perform or exercise its responsibilities, duties, and powers in respect of any local board area established or change

e) effective responses to the opportunities, needs, and circumstances of the affected areas

f) better alignment of local board areas with communities of interest

g) enhanced effectiveness of decision making for non-regulatory activities of a unitary authority

h) enhanced ability of local government to meet the changing needs of communities for governance and services into the future

i) effective provision for any co-governance and co-management arrangements that are established by legislation (including Treaty of Waitangi claim settlement legislation) and that are between local authorities and iwi or Māori organisations.

44. The Commission may then adopt a reorganisation plan. In deciding whether to adopt a reorganisation plan the Commission must have regard for:

a) the scale of the potential benefits of the proposed changes in terms of the objectives set out in the previous paragraph and the likelihood of those benefits being realised

b) the financial, disruption, and opportunity costs of implementing the proposed changes at the proposed time

c) the risks and consequences of not implementing the proposed changes at the proposed time

d) existing communities of interest and the extent to which the proposed changes will maintain linkages between communities (including iwi and hapū) and sites and resources of significance to them

e) the degree and distribution of demonstrable public support for the proposed changes within communities in the affected area

f) the degree and distribution of any public opposition to the proposed changes within communities in the affected area.

45. A reorganisation plan specifies:

a) the name of the district of the unitary authority

b) the number and names of local board areas within the district

c) the boundaries of—

(i) each local board area

(ii) electoral subdivisions, if any, of each local board area

d) the number of elected members of the local board for each local board area and, if a local board area is subdivided for electoral purposes, the number of members to be elected by the electors of each subdivision

e) whether each local board may include members appointed by the governing body of the unitary authority

f) for each local board, whether the chairperson of the local board is to be—

(i) elected by the members of the local board from among themselves using one of the systems of voting set out in the Local Government Act 2002; or

(ii) directly elected to that office by the electors of the local board area.

46. The provision in e) is relevant to local boards established under the Local Government Act 2002 and does not apply to Auckland Council local boards (Auckland Council local boards are established under the Local Government (Auckland Council) Act 2009). It allows a unitary authority to appoint ward councillors to local boards.

47. The provision in f) is also relevant to local boards established under the Local Government Act 2002 and not Auckland Council local boards.

Second process

48. The second process is termed a unitary authority-led reorganisation application. A unitary authority may adopt a reorganisation plan as if it were the Commission and then submit it to the Commission for approval.

49. Before submitting a unitary authority-led reorganisation application, the unitary authority must consider any views and preferences expressed by any local boards that would be affected by the reorganisation plan.

50. The reorganisation plan must be accompanied by—

a) a statement that

· explains how the plan will achieve the objectives (as set out above for an investigation by the Commission)

· provides a balanced assessment of the reorganisation plan and outlines the advantages and disadvantages of the plan.

b) a report from the affected unitary authority, adopted by that unitary authority, that records—

(i) unconditional support for the plan from the governing body of the unitary authority

(ii) any views and preferences expressed by any local boards that would be affected by the reorganisation plan

(iii) the public consultation undertaken by the unitary authority

(iv) the themes and outcomes of that consultation.

51. The Local Government Commission must not approve the reorganisation plan if:

a) the reorganisation plan is not accompanied by the required documentation; or

b) the Commission considers, on reasonable grounds, that—

(i) the provisions for adopting reorganisation plans, their notification and content, were not complied with; or

(ii) the unitary authority has not complied with the requirement to consider the views of affected local boards; or

(iii) the plan does not have the support of affected communities.

Submission

52. Staff consider the council should support a streamlined process defined for the reorganisation of local boards within a single unitary authority. The proposed process maintains the essence of the current process but provides a process that is more fit for purpose for local boards and requires a unitary authority to consider the views and preferences of affected local boards.

53. There has been longstanding provision for reorganising community boards as part of the review of representation arrangements conducted by a territorial authority. Community boards may be established and disestablished as a part of such a representation review. An option might be to deal with the reorganisation of local boards through a representation review similarly to community boards. Staff consider that this would not be appropriate. Local boards are a part of the shared decision-making governance of Auckland Council and not just a means of increasing representation at the community level. It is more appropriate for the reorganisation of local boards to be dealt with as if they were local authorities rather than as if they were community boards but the processes for reorganisation should be simpler than those for local authorities – as being proposed in Schedule 3A.

Tauākī whakaaweawe āhuarangi

Climate impact statement

54. The proposals being considered in this report are neutral in terms of impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

55. The outcome of a change in representation arrangements or the organisation of local boards would have implications for the group. However, the proposed legislative change is about the process for deciding the outcomes and not about the outcomes themselves.

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

Local impacts and local board views

56. The provisions relating to the alignment of local board and ward boundaries and the provisions for the reorganisation of local boards are of major significance to local boards. Local boards will be supported by local board staff with feedback or drafting their own submissions for attachment to the Auckland Council submission approved by the Governing Body.

57. The provisions relating to Māori wards are of significance to those local boards who consider there needs to be Māori representation on local boards (Māori subdivisions).

Tauākī whakaaweawe Māori

Māori impact statement

58. Staff are currently engaging with mana whenua and mataawaka on Māori representation. The models being considered are the ‘Parliamentary’ model (which the current legislation provides), the ‘Royal Commission’ model (which provides for an appointed mana whenua councillor as well as two elected members) and other less-developed models.

59. The current position of the Governing Body is to support the Parliamentary model but the Independent Māori Statutory Board has asked the Governing Body to also consider the Royal Commission model. The incoming Governing Body will reconsider its position based on feedback from the engagement in December 2022.

Ngā ritenga ā-pūtea

Financial implications

60. There are no financial implications surrounding the decisions to make a submission.

61. The proposed legislative provisions may or may not have financial implications. Engaging with the community on establishing Māori wards will have a cost. Increasing the number of councillors will have costs associated with councillor support and corporate property and technology assets. The reorganisation of local boards will have an associated cost.

62. Increasing the number of councillors is likely to have an impact on the remuneration of councillors under current Remuneration Authority determination framework.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

63. With all submissions to Parliament the time frame is constrained and there is a risk that local boards and the Governing Body do not have sufficient time to consider all the ramifications. Usually this risk is mitigated in the sense that all other councils, Local Government New Zealand and Taituarā also make submissions – any aspect that is missed by one may be picked by another. However most other councils will not be interested in the provisions that apply only to Auckland or that apply only to unitary authorities. The mitigation here is that there has been good communication between the Department of Internal Affairs and Auckland Council at staff level.

Ngā koringa ā-muri

Next steps

64. Staff will be reporting the Bill to the Governing Body on 25 August 2022 and seeking approval for a submission to the Select Committee.

65. Boards who wish their feedback to be reported to the Governing Body should provide it by Monday 22 August 2022. Staff will recommend that the Governing Body delegates further consideration of local board feedback to the mayor and deputy mayor following the Governing Body meeting, then those boards who cannot meet the 22 August 2022 deadline have until Friday 26 August 2022.

66. The deadline for submissions to the select committee is 14 September 2022.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Local Government Electoral Legislation Bill	73
b ⇩	Comparison of current Schedule 3 and proposed Schedule 3A	119

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authoriser

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Eric Perry - Local Area Manager

Devonport-Takapuna Local Board

16 August 2022

Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

File No.: CP2022/11675

Te take mō te pūrongo

Purpose of the report

1. To seek input from local boards on the draft council submission to the Health Select Committee on the Smokefree Environments and Regulated Products (Smoked Tobacco^{^[1]}) Amendment Bill (the Bill).

Whakarāpopototanga matua

Executive summary

2. The Smokefree Aotearoa 2025 Action Plan sets out several measures that focus less on influencing consumer behavior and more on changing the smoking environment.

3. The Health Select Committee has introduced the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, which contains measures to help reduce smoking rates. Specifically, the bill:

· significantly limits the number of retailers able to sell smoked tobacco products

· aims to prevent young people from taking up smoking by prohibiting the sale of smoked tobacco products to anyone born on or after 1 January 2009

· aims to make smoked tobacco products less appealing and addictive

4. Local board feedback is being sought on this submission. The deadline for feedback to be considered in the council’s submission is 16 August 2022, whilst the final date for any local board feedback to be appended to the submission is 17 August 2022.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide feedback on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill draft submission.

Horopaki

Context

5. The government has a goal that Aotearoa-New Zealand is smokefree by 2025. The Smokefree Aotearoa 2025 Action Plan sets out several measures that focus less on influencing consumer behavior and more on changing the smoking environment. Legislative change is required to achieve the Smokefree 2025 goal and address the gaps remaining in New Zealand’s comprehensive regulation of tobacco products. Auckland Council has endorsed this goal for Tāmaki Makaurau.

6. The Health Select Committee has introduced the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, which contains measures to help reduce smoking rates. Specifically, the bill:

· significantly limits the number of retailers able to sell smoked tobacco products

· aims to prevent young people from taking up smoking by prohibiting the sale of smoked tobacco products to anyone born on or after 1 January 2009

· aims to make smoked tobacco products less appealing and addictive.

7. The Bill is currently being considered by the Health Select Committee, who have invited submissions.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of feedback on the Bill

8. There are three elements to the Bill:

· Proposal One – Reduce smoked tobacco supply

o new provisions restrict the sale of smoked tobacco products to retailers approved by the Director-General of Health, set out the application process and criteria to be an approved retailer, and provide for the Director-General of Health to set a maximum number of retail premises allowed in a certain area. The intent of these provisions is to significantly limit the number of retailers able to sell smoked tobacco products

· Proposal Two – Smokefree generation

o new provisions allow for the introduction of a smokefree generation policy by prohibiting the sale of smoked tobacco products to anyone born on or after 1 January 2009. The intent of the policy is to prevent young people, and successive generations, from ever taking up smoking

· Proposal Three – Nicotine removal in smoked tobacco.

o new provisions regulations on the manufacturing, importing, sale and supply of smoked tobacco products. A specific provision sets limits on the quantity of nicotine levels and other constituents of smoked tobacco products.

9. The intent of these provisions is to increase the number of people who successfully stop smoking, and support tamariki/young people to remain smokefree, by making smoked tobacco products less appealing and addictive. These legislative changes are mutually reinforcing, and together are expected to deliver the substantial changes needed to achieve the Smokefree 2025 goal and improve health outcomes for all New Zealanders.

10. Overall, council supports the passage of the Bill. However, to maximise the effectiveness of measures in the Bill we suggest it is paired with:

· more and better support for smokers to quit

· more effective enforcement of existing regulations, particularly around vaping

· a plan to consider the role of vaping, which is an effective smoking cessation tool but will become unnecessary to the degree that the Bill is effective in achieving the goal of a smokefree Aotearoa

· a robust monitoring and evaluation framework to ensure the Bill is effective and enable its implementation to be adjusted as necessary.

Tauākī whakaaweawe āhuarangi

Climate impact statement

11. The submission will have no impact on climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

12. The feedback aligns with council’s goal that Tāmaki Makaurau is smokefree by 2025 and our plans to achieve this. This goal and the associated plan were developed with input from relevant departments and Council-Controlled Organisations.

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

Local impacts and local board views

13. Local board views are being sought to feed into the draft submission and will be incorporated into the council’s final submission where possible.

Tauākī whakaaweawe Māori

Māori impact statement

14. In Tāmaki Makaurau, Māori and Pacific communities have the highest overall smoking prevalence, with the highest prevalence rates amongst these communities in Henderson, Massey, Glen Innes, Point England, Māngere, Ōtāhuhu, Ōtara, Papatoetoe, Manurewa and Papakura.

15. To reach the national smokefree 2025 goal, 7000 to 8000 Māori and Pacific peoples in Tāmaki Makaurau would need to stop smoking each year over the next four years. The number of new Māori and Pacific smokers would also need to reduce to zero.

16. Overall, the measures in the Bill are likely to help to reduce smoking rates among Māori and Pacific communities. However, we believe the Bill would be more effective if partnered with more and better support for smokers to quit. Given the high smoking rates in some Māori and Pacific communities this support should be delivered with community partners with experience and connections in these communities.

Ngā ritenga ā-pūtea

Financial implications

17. There are no financial implications associated with this submission.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

18. There are no significant risks associated with the submission.

Ngā koringa ā-muri

Next steps

19. Feedback from local boards will be incorporated into the council’s final submission as appropriate. Local board resolutions on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill draft submission will be appended to the Auckland Council submission.

20. Below are the key dates for input into the submission:

· 11 August: draft submission sent to local boards

· 16 August: deadline for feedback to be considered in the council’s submission

· 17 August: final date for any formal local board feedback to be appended to the submission

· 23 August: final submission will be approved by Parks, Arts, Community and Events Committee Chair, Deputy Chair, and Independent Māori Statutory Board member

· 22 September: The final submission will be reported retrospectively to the Parks, Arts, Community and Events Committee and circulated to elected members.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill	133

Ngā kaihaina

Signatories

Author

Jacob van der Poel - Advisor Operations and Policy

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Eric Perry - Local Area Manager

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board Resolutions in Progress	179

No.	Title	Page
a ⇩	Toni van Tonder August 2022 Members Report	185

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board Workshop Record 05 July 2022	193
b ⇩	Devonport-Takapuna Local Board Workshop Record 26 July 2022	197

[1] Definition: any tobacco product manufactured from tobacco and intended for use by smoking and inhalation, but does not include any medicine (being a medicine in respect of which there is in force a consent or provisional consent given under section 20 or section 23 of the Medicines Act 1981) that is sold or supplied wholly or principally for use as an aid in giving up smoking.

Chairperson	Ruth Jackson
Deputy Chairperson	Jan O'Connor, QSM
Members	Aidan Bennett, QSM
	Trish Deans
	Toni van Tonder
	George Wood, CNZM