Agenda of Governing Body - Thursday, 25 August 2022

1 Affirmation

His Worship the Mayor will read the affirmation.

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

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 July 2022, as a true and correct record.

5 Petitions

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

6 Public Input

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

6.1 Public Input: The Going West Trust - Transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road, Titirangi to The Going West Trust

Te take mō te pūrongo

Purpose of the report

1. The Going West Trust will address the Governing Body regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road, Titirangi to The Going West Trust.

Whakarāpopototanga matua

Executive summary

2. Naomi McCleary, Trustee of The Going West Trust will speak to the Governing Body regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road, Titirangi to The Going West Trust.

3. Transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road, Titirangi to The Going West Trust is an item for consideration later in the agenda.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whiwhi / receive The Going West Trust’s input regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road, Titirangi to The Going West Trust and whakamihi / thank Naomi McCleary for attending.

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.

7.1 Local Board Input: Waitākere Ranges Local Board - Transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust

Te take mō te pūrongo

Purpose of the report

1. Waitākere Ranges Local Board chair, Saffron Toms and member Sandra Coney will address the Governing Body regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust.

Whakarāpopototanga matua

Executive summary

2. Waitākere Ranges Local Board chair, Saffron Toms and member Sandra Coney will speak to the Governing Body regarding decisions made by the local board at its meeting on 28 April 2022 (WKT/2022/32) regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust.

3. Transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust is an item for consideration later in the agenda.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whiwhi / receive the Waitākere Ranges Local Board input regarding the transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust

b) whakamihi / thank Waitākere Ranges Local Board chair Saffron Toms and member Sandra Coney for attending.

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

25 August 2022

Transfer of the Auckland Council owned Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust

File No.: CP2022/11948

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Governing Body to transfer ownership of the Auckland Council owned assets known as the Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi to The Going West Trust.

Whakarāpopototanga matua

Executive summary

2. The property at 35 Arapito Road, Titirangi was acquired by the former Waitākere City Council (WCC) on 1 December 2006, with the intention of establishing a writer’s residency in the former home of writer Maurice Shadbolt. The house and writing studio are scheduled in the Unitary Plan as a heritage place due to the social importance of Maurice Shadbolt as a significant literary figure and his long standing and close ties to west Auckland.

3. Eke Panuku managed the property as a residential tenancy from 2010 until it was transferred in 2018 to Auckland Council’s Community Facilities Department.

4. A building assessment was undertaken by Community Facilities in 2018 at the time of the transfer where it was identified that that building required works of approximately $600,000.

5. At the time of transfer, the building had an impaired book value of just $1.00. Following some minor urgent repairs and further investigation reports commissioned, the current book value of the buildings now sits at $105,000.

6. The minor repairs and investigative work was progressed as part of the 2019/2020 Waitākere Ranges Local Board Community Facilities Renewals Work Programme. However, further significant repairs are still required to make the house safe and habitable. This is estimated to be in excess of $800,000 and only represents the minimum work required. This estimate does not include works required to make the house fit for the purpose as a writer’s residency.

7. The Waitākere Ranges Local Board, through resolutions passed in 2016 and 2019 (resolution number WTK/2016/113 and ETK/2019/119) has supported the establishment of a writer’s residency programme at the property and a lease or similar arrangement with The Going West Trust (the Trust).

8. The Trust runs the annual Going West Books and Writers Festival, a West Auckland literary event which has been going for some 25 years.

9. To realise the vision of a writer’s residency, at the Waitākere Ranges Local Board business meeting on 28 April 2022, the board resolved (resolution number WTK/2022/32):

· that the Shadbolt House and Writing Studio (buildings only) be transferred to the Trust, subject to Governing Body approval. The transfer of ownership of the house and studio will enable the Trust to undertake the significant works required to bring the buildings up to the required building code and make it fit for purpose as a writer’s residency;

· the grant of an agreement to lease to the Trust for a term of four years - being two years to secure funding and obtain all the approvals required to undertake and complete the initial works, and a further two years to achieve completion of the initial works to bring the property up to a standard that is fit for purpose as a writer’s residency.

· the grant of new community ground lease to the Trust for a term of 10 years with two 10-year rights of renewal. The extended tenure is to reflect the substantial financial investment that the Trust will need to make.

10. If the Trust do not satisfy the terms and conditions of the agreement to lease, then the subsequent community lease proposed for an initial 10-year term with two 10-year rights of renewals will not proceed.

11. In June 2022, the Governing Body adopted the Annual Plan 2022-2023, which included changes to allocated local board decision-making resulting from the Governance Framework Review. Because this occurred after the original local board resolutions were made, but prior to the Governing Body considering this item, council staff re-engaged with the Waitākere Ranges Local Board to confirm their April resolutions to both endorse the transfer of the assets and to grant a lease to the Trust at 35 Arapito Road.

12. In July 2022, staff commissioned a current market valuation of the property and provided clarity around any financial implications should the local board wish to instead investigate optimising the property. The current market value as reported by a registered valuer reflects a land value of $840,000 and an impaired improvement value of $0.

13. The delegated authority for the divestment of non-service community facility assets lies with the Governing Body.

14. Should the Governing Body resolve to transfer the buildings to the Trust, staff will prepare an agreement to lease with conditions pertaining to the buildings upgrade and subsequent transfer of assets and lease.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) approve the transfer of ownership of the Auckland Council owned assets known as the Maurice Shadbolt House and Writer’s Studio located at 35 Arapito Road Titirangi (Lot 4 Deposited Plan 15824 as outlined in red on Attachment A – site plan of the agenda report) to The Going West Trust for $1.00 plus GST (if requested) subject to The Going West Trust formalising and satisfying the conditions under an Agreement to Lease.

Horopaki

Context

15. The Governing Body is the allocated decision-making authority relating to the transfer of ownership of non-service council owned assets. The Governing Body is accountable under section 15 of the Local Government (Auckland Council) Act 2009 in its capacity to provide, or ensure the provision of, services and facilities (including local activities) within the scope of section 15(1)(c).

16. Maurice Shadbolt House (the house) and the Writer’s Studio (the studio) are located on 35 Arapito Road Titirangi, legally described as Lot 4 Deposited Plan 15824 being 1518m² (more or less) that is held in fee simple by Auckland Council under the Local Government Act 2002. The property is located adjacent to Arapito Reserve.

17. The land, together with the house and studio were the former home of New Zealand author Maurice Shadbolt. Maurice Shadbolt lived in the house for 42 years. During that time, he won many literary awards, produced eleven novels, four collections of short stories, a volume of journalism, plays, a war history and two autobiographical works.

18. The property was acquired by the former WCC on 1 December 2006 for the purposes of establishing a writer’s residency programme.

19. The writer’s residency programme was not established prior to amalgamation. A WCC proposal to partner with Auckland University of Technology fell through. A subsequent WCC proposal to transfer the property to the Trust was not approved by Auckland Transition Agency (ATA) prior to the amalgamation into Auckland Council in 2010.

20. The house was used as a residential tenancy by the former WCC and subsequently by Eke Panuku until it was transferred back to Auckland Council’s Community Facilities in 2018.

21. A 2018 building assessment evaluated the house as being in poor condition and identified approximately $600,000 of repairs required to bring the building up to a habitable state. Building costs have risen sharply over the last four years and now are approximately 30% higher. It is very likely that project cost will now be in the region of $800,000.

22. Some of the repairs identified include geotechnical stabilisation, structural works to the basement area and garage, reconstruction of the living room deck and balustrade, replacement of the large, fixed glass window in the living room with safety glass. The cost estimate does not include interior finishing and related works to make the house and studio fit for purpose for use as a writer’s residency.

23. Under the 2019/2020 Waitākere Ranges Local Board Community Facilities Renewals Work Programme, repair works were programmed for the house and further investigative reports were commissioned including an asbestos assessment and an architectural scoping report. Further physical works were identified which included construction of a new entrance stairway and handrail, repairs to spouting and guttering, installation of a subfloor ground moisture barrier, seismic restraints to the hot water cylinder, installation of extractor fans in kitchens and bathrooms, replacement of all smoke alarms and window stays on all windows.

24. Although the above works were undertaken by council, they do not bring the house up to the building code or make it fit for purpose. These works have contributed to making the house safe for the new community group whilst they undertake further works. The investigation reports have highlighted to the Trust the scope of works now required.

25. The Trust proposes to undertake further works to ensure the house and the studio meets health and safety standards, the building code and is habitable.

26. The Community Facilities Network Plan (CFNP) is the roadmap for council’s 20-year investment plan on providing community facilities that deliver on art and culture, community centres, libraries, pools and leisure facilities and venues for hire.

27. Investment decisions into the provision of new buildings and renewals of existing facilities are assessed through specific criteria. One of the criteria assesses the renewal costs against the residual value of the property. The current estimated repairs cost in excess of $800,000 represents eight times the residual value of the buildings. This would not meet the CFNP matrix criteria. Under the CFNP, an option is to consider opportunities to transfer ownership of existing facilities where it delivers improved long-term outcomes.

28. The desired outcome supported by the Waitākere Ranges Local Board is for the site to be leased to the Trust for the purposes of a writer’s residency.

The Going West Trust

29. The Trust was registered as a charitable trust on 21 June 2006.

30. The Trust’s aims and objectives are to:

a) be the guardians of the Going West Books and Writers Festival

b) ensure the future survival of the festival as part of an established tradition of literary and artistic endeavour in the Waitākere region

c) share enthusiasm about New Zealand writing and celebrate New Zealand writers both past and present

d) support the literary arts on a local level as well as regionally and nationally through the festival’s programming

e) encourage Māori, Pacifika, and migrant writing.

31. The Trust hosts the Going West Books and Writers Festival annually in September with several events across parts of West Auckland. The highlight of the festival is the annual Literary Weekend which features a series of programmes featuring New Zealand writers, panel discussions, readings and more. The Trust has been hosting the festival since 1996, which was Auckland’s first literary festival.

32. In addition, since 2003, the Trust has partnered with Auckland Council Libraries to record, preserve and promote the archives of the Going West Books and Writers Festival.

Tātaritanga me ngā tohutohu

Analysis and advice

33. Three options for the property were presented and discussed with the local board over several workshops:

Option 1:

Council undertakes repairs

Option 2:

Agreement to lease, transfer of ownership

Option 3:

Optimisation of property

Local board approves the investment of an additional $800,000 at a minimum (approximate) of Locally Driven Initiative capital expenditure (LDI CAPEX) for the house project to make the property habitable for a community lease for a writer’s residency.

Grant an agreement to lease, transfer ownership to the Trust and a subsequent community lease to The Going West Trust.

The Agreement to Lease will be contingent on The Going West Trust securing investment and undertaking repairs to the building in order to bring this up to a standard fit for its purpose as a writer’s residency. On fulfilment of the Agreement to Lease conditions, The Going West Trust would be granted a lease for a term of 10 years with two rights of renewal for 10 years.

Explore the optimisation or sale of the property and deliver a writer’s programme in another facility within the local board area to recognise the Shadbolt legacy. This could be offering a programme in Shadbolt’s name. Additionally, this could provide a more accessible, cost-effective, and flexible response to meet sector and community needs and could be delivered in partnership with the Trust.

Option One – Council undertakes repairs to the buildings

34. The local board will need to allocate funding in excess of $800,000 for the repairs to the buildings. Whilst repairs will extend the life of the building and make it safe, it will still not be fit for purpose and require additional funding.

35. In addition, ongoing operational funding for a writer’s residency is through existing OPEX budget. The current operational grant allocated to the Trust is approximately $10,000 per year. This project does not secure any additional operational budget and it is uncertain as to whether the current amount is sufficient to run this residency. Equivalent residencies in the local board area receive $22,000 per year of operational funding, indicating a potential shortfall in current funding.

36. The property is unsuitable for wheelchair users. Parking and public transport is also very limited, and there is no capacity to hold public programmes on site or for wider community use of the asset. Access to the property would therefore be restricted to a small number of able-bodied writers awarded a residency each year.

Advantages

Disadvantages

A permanent writer’s residency would contribute to the Waitākere Ranges Local Board plan outcome six: People have a range of opportunities to experience arts, culture, and heritage. Protecting and celebrating heritage is also a way to identify what is unique about our area, and to inform what happens to it in the future.

A potentially nationally recognised writer’s residency programme could be developed with strong links to the Michael King Writers Centre and tertiary institutions.

The benefits of a residency, the provision of a physical space to write, are provided.

Historic significance of Shadbolt House and Writer’s Studio are preserved for public access.

Further work may be uncovered during the project requiring more budget prior to making the property safe.

Local board needs to approve the investment of an additional $800,000 - at a minimum of LDI CAPEX.

Under the CFNP assessment matrix criteria, the project does not address an identified arts and culture service need in the area.

Only benefits a small number of able-bodied people who undertake the residency

Limited to writers that can relocate for a residency.

Opportunities for the public to learn about the history of the property and Shadbolt’s contribution to New Zealand’s literary landscape could not be easily experienced on-site.

Lack of parking, public transport links and no capacity to hold public programmes on-site.

Ongoing operational costs may need reviewing. Currently the Trust receives approximately $10,000 of operational funding for the establishment and set-up costs of a writer’s centre at the house.

Option Two – Agreement to lease and transfer of ownership (Recommended Option)

37. In this option, the local board grants an agreement to lease to the Trust conditional on it securing funding and completing all the required repair works at its cost. On completion of the works and fulfilment of all the conditions under the agreement to lease, the Trust will be granted a lease for 10 years with two 10-year right of renewals.

38. The proposed terms are similar to the those prescribed in the Auckland Council Community Occupancy Guidelines 2012 for tenant-owned buildings and recognises the substantial investment that the Trust will need to make into the property. These guidelines were reviewed in 2018 and the 2012 guidelines continue to be current.

39. The ownership of the house and studio will only be transferred to the Trust once the conditions of the agreement to lease have been satisfied.

40. If adopted, a community outcome plan will be attached to the lease, which sets out council community outcome expectations.

41. The lease will contain a provision allowing for the buildings to vest in council at the expiry or termination of the lease in circumstances where the Trust might not seek to continue its occupancy at the site.

Advantages

Disadvantages

The Trust is willing to undertake the repairs to bring the house up to a habitable standard which reduces the reliance on the council having to fund the works.

Local board do not have to allocate and spend approximately $800,000 on an activity that has no identified CFNP need, and which can be allocated to other local board initiatives.

The historic significance of Shadbolt House and Writer’s Studio are preserved for the public.

During the recommended two-year fund-raising period, the house will continue to deteriorate.

As the residency will be limited to writers that can relocate to the site it will only benefit a small number of able-bodied people.

Lack of parking, public transport links and no capacity to hold public programmes on-site will also limit the number of potential users.

The asset may vest back to council in the future. In this instance the council would be no worse off and potential building risks could be assessed at the lease renewal stage.

Option Three – Optimisation of the property

42. In this option, further restoration work is deferred and the local board allocates funding to explore alternative options for a writer’s programme and appropriate acknowledgement of Maurice Shadbolt’s legacy and potential optimisation options for the existing site.

43. Other options exist to recognise the Shadbolt legacy, such as a writer’s programme delivered in an existing facility within the local board area or a writer’s programme in Shadbolt’s name. These options could provide a more accessible, cost-effective, and flexible response to meet sector and community needs. They could be delivered in partnership with the Trust.

44. Options could include use of the optimisation approach. This approach allows for sales proceeds of the land to be reinvested into eligible local projects.

45. The current market value of the property is $840,000. This represents land value only as the improvements have been impaired to $0. This was determined considering the highest and best use of the land and improvements.

46. The property was valued on the basis that the planning restrictions prevent any significant development of the natural forest cover. The property value also allowed for the existing improvements to be demolished.

47. The local board has not supported the option to investigate the sale of this property.

Advantages	Disadvantages
There would be no need to allocate for the approximately $800, 000 spend on an activity that has no identified need and can be used for other local board initiatives. Alternative options could provide greater community participation and be flexible and responsive to sector needs.	A delay in the optimisation process may cause refurbishment delays and further deterioration of the property. The property was acquired by the former WCC on 1 December 2006 for the purposes of establishing a writer’s residency programme. Under optimisation this vision would not be realised. Writers do not have the opportunity to work in an environment with direct links to Shadbolt’s lived experience. Due to the underlying zoning of a large residential lot and the heritage overlay via the Auckland Unitary Plan there would be a limited market of potential buyers. This would be reflected in the sale price. The July current market value of the property is $840,000.

Advantages

Disadvantages

There would be no need to allocate for the approximately $800, 000 spend on an activity that has no identified need and can be used for other local board initiatives.

Alternative options could provide greater community participation and be flexible and responsive to sector needs.

A delay in the optimisation process may cause refurbishment delays and further deterioration of the property.

The property was acquired by the former WCC on 1 December 2006 for the purposes of establishing a writer’s residency programme. Under optimisation this vision would not be realised.

Writers do not have the opportunity to work in an environment with direct links to Shadbolt’s lived experience.

Due to the underlying zoning of a large residential lot and the heritage overlay via the Auckland Unitary Plan there would be a limited market of potential buyers. This would be reflected in the sale price.

The July current market value of the property is $840,000.

Conclusions

48. The options listed above were workshopped with the local board on several occasions where the board gave informal support for option two.

49. Resolutions WTK/2016/113 dated 8 September 2016 and ETK/2019/119 dated 26 September 2019 provided support in principle for a new lease to be granted to the Trust for the purposes of managing the house and studio as a writer’s residency. The local board gave further support in principle for the transfer of the assets which will enable the Trust to apply for funding to undertake the works to make the house fit for purpose (Resolution number WTK/2022/32). The council will retain ownership of the underlying land. Following the adoption of the Annual Plan 2022-2023 and changes to the allocation of local board decision making, the local board informally reconfirmed this view.

50. Transfer of ownership of Auckland Council owned assets will allow the Trust to apply to third party funders for funding related to the renewal works. In addition, under the Community Occupancy Guidelines 2012, the Trust would be eligible to apply for a longer-term lease once the original term expires. Under the current guidelines, groups that own their own buildings have an automatic right to re-apply for a new lease at the end of their occupancy term.

51. Transferring the buildings to the Trust provides a number of benefits by:

a) reducing the reliance and financial risks on council having to fund the ongoing capital and operational budgets while providing community-initiated programmes.

b) creating a partnership between council and the Trust, whereby the Trust becomes responsible for the renewal of the buildings in consideration of a long-term right to own, occupy and use council owned land to provide services and programmes that benefit the writers’ community.

52. Additionally, option two allows that local board to reallocate the budget that would be used for capital and renewal works on the house to other community facilities or services.

53. A renewals project would only bring the building up to a code of compliance standard, not necessarily fit for purpose. The renewal option would also incur ongoing maintenance and additional renewal costs.

54. The local board has not formally supported option three, to investigate optimisation of the property. Furthermore, the underlying zoning and heritage overlay places further constraints on the potential sale and limits the potential revenue that can be generated.

Tauākī whakaaweawe āhuarangi

Climate impact statement

55. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan sets out two core goals:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050, and

· to prepare the region for the adverse impacts of climate change.

56. This is an administrative report and the decision from the Governing Body does not have any direct impact on greenhouse gas emissions. The proposal continues a previous activity and does not introduce new sources of emissions.

57. Climate change is unlikely to impact the property at 35 Arapito Road Titirangi as it does not sit within a flood plain or coastal inundation area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

58. Staff sought feedback from relevant council teams about the proposed new community lease and transfer of the Auckland Council owned assets (the buildings) at 35 Arapito Road to the trust. Their feedback is detailed in the table below:

Team	Feedback
Head of Community Delivery	Support the new lease and the Trust undertaking the works.
Place and Partner Specialist- Community Delivery	There is no identified need with the CFNP for the works on this building or service delivered via council. Therefore, the proposed lease is supported with the Trust undertaking the works.
Area Operations Maintenance	Transferring the house and studio to the Trust will lessen the costs and works required from council.
Finance	The costs for the required works of $800,000 to make the building habitable outweighs the loss of book asset value of approximately $105,000 resulting from the transfer.

59. The proposed new community lease has no identified impacts on other parts of the council group. The views of council-controlled organisations were not required for the preparation of the advice in this report.

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

Local impacts and local board views

60. Council staff sought the views of the local board at two workshops in 2019 and four in 2020 along with a visit to view the property. A letterbox drop to the residents of Arapito Road was undertaken and a week later the Trust undertook its own letterbox drop informing the community of its intentions. The notice informed the community that:

a) “A writer’s residency offers writers a place and a stretch of time, often with payment, to focus on their writing. We have yet to design a residency programme, but similar residencies around the country can run anywhere from two weeks up to several months. We may be able to offer several residencies a year.”

b) “As Maurice Shadbolt House is a family home, there will never be more people in residence than is normal in a domestic situation. Parking at the house will be off-road, and all public events associated with the residencies will be held at Lopdell House in Titirangi.”

c) “We have a programme in place to upgrade, refurbish and maintain the house, and to manage the grounds in collaboration with the local community pest control group. We hope to offer the first residencies in 2023.”

d) “Most of our established writers have had their careers boosted at some stage by a residency, and we think it a fitting legacy that the home where Maurice Shadbolt lived, worked and produced such a large body of writing, will continue to nurture our writers into the future.”

61. The proposed agreement to lease and subsequent lease to the Trust was publicly notified between November and December 2021. No objections were received.

62. On 28 April 2022, the local board resolved to request that council transfer ownership of the council owned assets (the buildings) at 35 Arapito Road Titirangi to the Trust on condition of the group being granted an agreement to lease and subsequent lease of 10 years with two 10-year rights of renewal (resolution number WTK/2022/32).

63. Following changes to the allocation of local board decision-making (part of the Governance Framework Review), which was adopted through the Annual Budget 2022-2023, Waitākere Ranges Local Board now has the opportunity to look for efficiencies or alter service levels within its local community service levels. Any budget underspends or surplus created through this service level alteration could be reinvested in local community services, including 35 Arapito Road.

64. Council staff supplied a further memo to the Waitākere Ranges Local Board on 5 August 2022 outlining both the market value of the property and the corresponding lease tenure’s potential financial implications.

65. Feedback received via email through the chair, confirmed the Waitākere Ranges local board still supports their resolution WTK/2022/32.

Tauākī whakaaweawe Māori

Māori impact statement

66. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

67. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, Whiria Te Muka Tangata – Māori Responsiveness Framework, Kia Ora Tāmaki Makaurau – the Māori Outcomes Performance Measurement Framework, and the Waitākere Ranges Local Board Plan 2020.

68. Delivering on Auckland Council’s commitment to Māori at a local level is a priority for local boards. The Waitākere Ranges Local Board is focused on building strong and meaningful relationships with local Māori to ensure that Māori needs, and aspirations are understood.

69. On 29 April 2021 information on the proposed transfer of the Auckland Council owned house and studio and proposed leasing arrangements was circulated by email to iwi identified as having an interest in the land. The email contained detailed information on the land and the Trust’s activities and invited iwi representatives to attend a hui and/or a kaitiaki site visit to comment on any spiritual, cultural, or environmental impacts with respect to the land.

70. The proposed transfer of the house and studio, agreement to lease and new lease was also presented at the quarterly hui with Te Kawerau Iwi Tribal Authority on 2 September 2020.

71. No submissions or objections were received regarding the proposal to transfer the house and studio or regarding the agreement to lease and subsequent lease.

Ngā ritenga ā-pūtea

Financial implications

72. Although the building has now been established to have an approximate book value of $105,000, when considering approximately $800,000 will need to be spent to bring it up to code, the building is more likely to be viewed as a liability to council.

73. Transferring ownership of the buildings to the Trust will also transfer responsibility for all future costs associated with the building to the Trust.

74. The Trust has indicated that it will be able to secure funding to cover the cost of repairs once it has secured the agreement to lease. The Trust is already working towards securing funding and is engaging with architects.

75. Once the repair works have been completed, it is proposed that Auckland Council transfers ownership of the house and studio to the Trust. The proposed rent for the corresponding ground lease is $1.00 plus GST per annum which is the recommended amount in the Auckland Council Community Occupancy Guidelines 2012. This rent amount reflects that the Trust will be responsible for all maintenance of the property over the term of the proposed community ground lease of 10 years with two 10-year rights of renewal.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

76. The risk in transferring the Auckland Council owned buildings to the Trust is assessed to be low as the agreement to lease to the Trust is contingent on the Trust bringing the buildings up to code. If these conditions are not meet, the subsequent lease will not progress, and the buildings’ ownership will remain with council.

77. Should the Governing Body resolve to not transfer the buildings at 35 Arapito Road Titirangi to the Trust:

a) the Trust may not to be able to secure funding for works on a building they do not own and subsequently may not be able to fulfil the conditions of the agreement to lease, and

b) the property will remain in council ownership and ongoing renewals and maintenance costs will need to be budgeted for by council. Additionally, the building is unable to be used until the works are completed and remains vacant and susceptible to vandalism.

Ngā koringa ā-muri

Next steps

78. Should the transfer of the Auckland Council owned assets be approved, an agreement to transfer the assets on satisfaction of the agreement to lease will be formalised along with the agreement to lease.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan for The Going West Trust	23

Ngā kaihaina

Signatories

Author

Phillipa Carroll - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Claudia Wyss - Director Customer and Community Services

Jim Stabback - Chief Executive

Governing Body

25 August 2022

Local Government Electoral Legislation Bill

File No.: CP2022/11683

Te take mō te pūrongo

Purpose of the report

1. To approve a submission to Parliament’s Governance and Administration Select Committee on the Local Government Electoral Legislation Bill (the Bill).

Whakarāpopototanga matua

Executive summary

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

· removes the restriction of a fixed number 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 (for example, electronic nominations)

· provides more detail around resolving tied election results 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 published by the Department of Internal Affairs which was reported to the meeting of the Governing Body on 26 August 2021. 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 draft submission is attached as Attachment A.

7. Feedback received from local boards at the time this report was finalised is attached in Attachment B.

8. The Bill is provided as Attachment C. There is an explanatory note at the front of the Bill which provides a useful overview of its purpose. Additional information, including Cabinet papers and submissions on the previous discussion document, is available on the Department of Internal Affairs website: https://www.dia.govt.nz/maori-wards

9. Attachment D 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 Governing Body:

a) whiwhi / receive feedback from local boards as collated in Attachment B and as circulated prior to this meeting

b) whakaae / approve the draft submission in Attachment A as Auckland Council’s submission to the Governance and Administration Select Committee on the Local Government Electoral Legislation Bill

c) whakaae / agree that all local board feedback is appended to Auckland Council’s submission, including feedback received following this meeting

d) whakamana / authorise the mayor and deputy mayor to approve the final submission, including changes in line with the discussion of this meeting

e) tono / request that Auckland Council presents its submission to the Governance and Administration Select Committee

f) whakaae / approve the mayor and deputy mayor, or their nominees, to present the submission.

Horopaki

Context

10. 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.

11. The Bill is an omnibus bill and amends three statutes, as follows:

· 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.

· the Local Electoral Act 2001 to:

o provide a revised process for establishing Māori wards

o 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

o provide more flexibility for lodging candidate nominations (e.g. electronic nominations)

o provide more detail around resolving tied election results and conducting recounts.

· 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.

Tātaritanga me ngā tohutohu

Analysis and advice

Local Government (Auckland Council) Act 2009

12. 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.

13. 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.

14. The council has also previously noted that the number of members elected from Māori wards is proportional to the total number of councillors and wishes to have the discretion to increase the total number of councillors to provide for members elected from one or more Māori wards and to ensure that members elected from one or more Māori wards are additional to the current representation arrangement.

15. The draft submission supports this provision, in line with previous submissions from the council.

Local Electoral Act 2001 – Māori wards

16. The proposed process in the Bill 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.

17. The Bill requires a council to consider Māori representation at the following intervals:

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.

18. 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.

19. 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.

20. The proposed process requires councils to consider Māori representation if they do not already have it, following engagement with Māori and other communities of interest. There is no requirement on councils to resolve to have Māori representation. However, if a council has had Māori representation for the two previous elections, then it is not required to reconsider Māori representation though it may if it chooses.

21. The draft submission supports these provisions.

22. The draft submission also notes the requirement that a council must, before making a determination about Māori representation:

(a) engage with Māori and other communities of interest in the district or region in accordance with Part 6 of the Local Government Act 2002; and

(b) have regard to the views of Māori and other communities of interest in the district or region on whether the representation arrangements for the territorial authority or regional council should include specific Māori representation.

23. The draft submission draws attention to the phrase “communities of interest”. The amendment will be included in the Local Electoral Act 2001 and the phrase is used in other places in that Act when considering electoral boundaries. The Act states that wards must provide effective representation of communities of interest. The phrase “communities of interest” is not defined in the Act but is normally taken to be place-based in the context of ward boundaries. The draft submission suggests the phrasing around engagement could be reviewed to better reflect the intentions of the Government.

24. The Treaty relationship that Māori have is with the Crown and not directly with local government. The Regulatory Impact Statement on the Bill notes^{^[1]}:

The Waitangi Tribunal has found that the Crown must ensure that its te Tiriti/Treaty obligations are upheld even when it delegates functions to local government, and that this includes the equal rights of Māori with other citizens when participating in democratic electoral processes.

25. Section 4 of the Local Government Act 2002 recognises and respects the Crown’s obligations under Te Tiriti o Waitangi / the Treaty of Waitangi by placing some specific obligations on councils to facilitate participation by Māori in decision-making. The Local Electoral Act 2001, which provides for Māori representation, does not have a similar section or any statement of the Crown’s purpose in providing for local government to make decisions about Māori representation. The draft submission notes that neither the purpose of the Local Electoral Act in section 3 nor the principles in section 4 currently provide a Treaty provision and thus there is no overarching rationale in that Act for Māori representation.

26. 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 advocate for this in their feedback. Local board feedback had not been received at the time this report was prepared.

27. The draft submission also notes that the current consultation is only on the proposed provisions for Māori wards and that other models have been and are being considered, which may be more suitable to the review of the Future for Local Government.

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

28. 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 can get out of alignment with local board boundaries.

29. 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)

30. 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.

31. 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.

32. 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.

33. 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.

34. The provisions in the Bill mean that any proposal to change local board boundaries will be included in the council’s initial proposal when it conducts its review of representation arrangements. 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.

35. 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.

36. 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.

37. The draft submission supports these provisions as they are largely in line with the council’s earlier decision.

Local Electoral Act 2001 – ties and recounts

38. The Bill provides that rather than resolving a tied election result by lot, a judicial recount must be held. Currently, candidates cannot seek a recount until a winner has been determined by lot. This sequencing has resulted in instances where candidates are sworn in following the determination by lot, then another candidate is declared elected after the judicial recount. The proposed provision of a mandatory recount avoids this situation. Other amendments will enable urgent council business to be conducted by candidates who are not affected by the recount.

39. The draft submission supports these provisions.

Local Electoral Act 2001 – candidate nominations

40. The Bill provides for candidates to submit nominations in a manner approved by the Electoral Officer (such as electronically). The Council has submitted previously in favour of elections processes, where appropriate, being electronic.

41. The draft submission supports these provisions.

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

42. 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.

43. The Bill proposes a new schedule 3A as a replacement for schedule 3 for use when addressing local board numbers and boundaries within a single unitary authority. It retains the two alternative processes set out in a) and b) below 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.

44. Attachment D 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 the proposed Bill provisions compared to the process with the proposed Bill provisions.

First process

45. 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. The proposed process for local boards in Schedule 3A is largely similar to the current process for local authorities outlined in Schedule 3, except for the removal or amendment of provisions to make the process more appropriate for local boards, including:

· in assessing options for reorganisation, the removal of the requirement to consider effectiveness, efficiency and sustainability of local government services, and ability for local and regional economies to develop and prosper, which apply more to local authorities than local boards

· removing the requirement for a reorganisation plan to contain information about transition bodies, which are not necessary in a local board reorganisation

· the removal of additional local board provisions that apply when local boards are involved in a local authority reorganisation, but do not apply in local board reorganisations.

Second process

46. 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.

47. The proposed process is again similar to the current process, except that it requires consideration of local board views and preferences, and provides that the Commission cannot approve the application if it has not complied with this requirement.

48. 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 alternative option to the proposed schedule 3A 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, which is the purpose of a representation review. 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.

49. The draft submission supports the proposals in the Bill. The proposed process in the Bill 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

Tauākī whakaaweawe āhuarangi

Climate impact statement

50. 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

51. 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

52. The Bill has been reported to local boards. Their feedback will be circulated to members of the Governing Body prior to this Governing Body meeting, however, due to time constraints, the feedback from some local boards will be received following this meeting. There are aspects of the Bill that affect local boards and it is important their feedback is conveyed to the Select Committee along with the formal Auckland Council submission decided by the Governing Body.

53. This report proposes that all feedback from local boards is appended to the council’s submission, including feedback received following the meeting, and that the Mayor and Deputy Mayor are delegated the authority to approve the final form of the council’s submission.

Tauākī whakaaweawe Māori

Māori impact statement

54. The Joint Governing Body/Independent Māori Statutory Board meeting on 21 June 2021 agreed to establish a joint group to consider Māori representation models for Auckland Council.

55. The joint group reported to the Joint Governing Body/Independent Māori Statutory Board meeting on 6 December 2021. The meeting resolved to consider the ‘Royal Commission Model’ at their next individual meetings. This was to enable further engagement with mana whenua and mataawaka to propose to the Minister of Local Government to implement this model as part of the Auckland Council in preparation for the 2022 local government elections or if this cannot be achieved then by the 2025 elections (resolution JOI/2021/2).

56. At its 16 December 2021 meeting the Governing Body resolved to support engagement with mana whenua and mataawaka to inform Auckland Council’s future position on Māori representation in local government (resolution GB/2021/3).

57. 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.

58. The Governing Body has previously supported the Parliamentary model. The incoming Governing Body will reconsider its position based on feedback from the engagement in December 2022.

59. The Independent Māori Statutory Board’s Issues of Significance identifies Māori representation as an Issue of Significance to Māori in Tāmaki Makaurau and includes specific directive actions to ensure for Māori representation on decision making bodies (Governing Body, local boards, CCO boards, Council committees).

60. The proposals for Māori representation in the Bill will impact Māori. Those who are on the Māori electoral roll at the time of local government elections will be able to elect one or more members for the Māori ward in which they reside. They will not be able to elect members of general wards but will be able to elect the mayor and local board members for their area. There is separate legislation being considered which will allow Māori to change electoral rolls at any time which means they may choose to be on one roll for Parliamentary elections and on the other roll for local government elections.

Ngā ritenga ā-pūtea

Financial implications

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

62. The proposed legislative provisions may or may not have financial implications. Engagement on Māori representation would have a cost. Increasing the number of councillors would have costs associated with councillor support and corporate property and technology assets. The reorganisation of local boards would have an associated cost.

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

64. With all submissions to Parliament the timeframe 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

65. Any further feedback from local boards will be appended to the council’s submission, the final form of which is proposed to be approved by the mayor and deputy mayor.

66. The mayor and deputy mayor, or their nominees, will present the submission to the Governance and Administration Select Committee.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Draft submission on the Local Government Electoral Legislation Bill	39
b ⇩	Local board feedback	49
c ⇩	Local Government Electoral Legislation Bill	61
d ⇩	Comparison of current Schedule 3 and proposed Schedule 3A	107

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

Governing Body

25 August 2022

2022 local government elections - meetings and decision-making until new Governing Body members make their declarations

File No.: CP2022/10895

Te take mō te pūrongo

Purpose of the report

1. To provide for appropriate delegations between the final Governing Body meeting of the current electoral term and the inaugural meeting of the new Governing Body.

Whakarāpopototanga matua

Executive summary

2. The final Governing Body meeting is scheduled for 29 September 2022. Committees are discharged at the time new members come into office, except for the Civil Defence and Emergency Management Committee. There are no scheduled committee meetings in October 2022.

3. The term of office of current Governing Body members ends and the term of office of new members commences on the day following the official declaration of the election results. The declaration will be publicly notified on Friday 14 October, with the terms of office of current members ending and the terms of office of new members commencing the day following notification.

4. Staff recommend that delegations be put in place for the period following the final Governing Body meeting to the end of the term of office of current members, as were in place at the time of previous elections.

5. For the period from the commencement of the term of office of newly-elected members until the inaugural meeting when members are sworn in, decisions may be made by the Auckland Council Chief Executive under current delegations.

6. The term of office of members of the Maunga Authority continues until 6 December 2022.

7. All demographic advisory panels will be disestablished one month prior to election day on 8 September 2022.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) tuhi ā-taipitopito / note that the final Governing Body meeting will be held on 29 September 2022 and that all committee meetings will have ceased by the end of September 2022

b) tautapa / delegate to any two of either the Mayor, Deputy Mayor and a chairperson of a committee of the whole, the power to make, on behalf of the Governing Body, urgent decisions that are legally able to be delegated and that may be needed between the final Governing Body meeting and the day the term of office of current members ends

c) tuhi ā-taipitopito / note that during the period from the commencement of term of office of new members following the elections until the inaugural meeting of the Governing Body on 28 October 2022, decision-making will be undertaken by the Auckland Council Chief Executive under current delegations.

Horopaki

Context

Meetings

8. Following the elections, elected members come into office the day following the official public declaration of the results on between Friday 14 October 2022. Committees are discharged at that date. The incoming mayor will establish a new committee structure and appoint chairpersons, which are formalised when the Governing Body adopts terms of reference for committees. This is likely to be when the inaugural meeting is reconvened on Tuesday 1 November 2022.

9. The legislation governing the Civil Defence and Emergency Management Committee provides that this committee is not discharged and may be convened if required^{^[2]}.

10. No meetings that are part of the current committee structure and which involve councillors will be scheduled during October 2022.

11. Following the coming into office of Governing Body elected members (on 15 October 2022), Governing Body elected members cannot act as members until they have made their statutory declarations at the inaugural meeting on 28 October 2022^{^[3]}.

Maunga Authority

12. Although members’ terms of office end on 15 October 2022, the terms of office of members of the Maunga Authority end later.

13. The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014, schedule 4, clause 2, states that the term of office of a member of the Maunga Authority ends on the 59^th day following local government election day. This will be Tuesday 6 December 2022. The term of new appointees commences on the 60^th day following election day.

14. Whether the councillors who are presently members of the Maunga Authority are re-elected or not, they will remain members of the Authority until 6 December 2022.

Advisory panels

15. The terms of reference for advisory panels provide for the panels’ term to end one month prior to election day.

Tātaritanga me ngā tohutohu

Analysis and advice

16. There are two distinct periods that impact on Governing Body decision-making:

· the period from the final Governing Body meeting until the day after the declaration of the election results, when current members’ terms of office expire

· the period from the day after the declaration of results, when new members’ terms of office commence, until the inaugural meeting on 28 October 2022, when new members will make their statutory declarations.

17. Staff recommend that during the first period, the same arrangements are put in place as for the Christmas close-down period. This provides for any decision that would normally involve a political meeting to be made by any two of the mayor, deputy mayor and a chairperson of a committee of the whole.

18. During the second period, the Chief Executive will exercise his current delegations. These are expressed as:

“The Council delegates to the Chief Executive Officer all responsibilities, duties and powers to act on any matter, subject to the restrictions set out in the general rules applying to all delegations - Auckland Council, and excluding those matters in respect of which delegation is prohibited by any Act or regulation, or which are expressly excluded from this delegation at Schedule 1.

This delegation does not preclude the Chief Executive Officer from referring for any reason any matter to the governing body or a local board, or a committee (including a subcommittee) of the governing body or a local board, for a decision.”

19. Schedule 1 of this delegation limits the financial delegation to the Chief Executive acting alone to $20 million, subject to conditions (for example, expenditure being budgeted).

20. These arrangements are the same as made previously prior to elections. Prior to the end of term of office in 2019 delegated political decision-making included approving two submissions and a decision relating to an Environment Court appeal. Decisions that were made by the chief executive that would otherwise have been made by a committee included a submission, land owner approval for a resource consent and renewal of a licence.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. The decision to delegate responsibilities in October 2022 does not have any significant impacts on climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22. The reduced political decision-making over the election period has been communicated to the wider council group.

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

Local impacts and local board views

23. The arrangements proposed in this report only apply to the Governing Body. Local boards will make their own arrangements to cover the election period.

Tauākī whakaaweawe Māori

Māori impact statement

24. The arrangements proposed in this report do not affect the Māori community differently to the rest of the community.

25. As there will be no committee meetings during October, this will affect Independent Māori Statutory Board involvement in Governing Body committee decision-making.

Ngā ritenga ā-pūtea

Financial implications

26. There are no significant financial implications

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27. There is a risk that unforeseen decisions will arise during this period, such as a decision that is politically significant or a decision that exceeds the Chief Executive’s financial delegation.

28. This risk has been mitigated by scheduling meetings to the end of September and communicating to reporting staff that significant decisions should not be made during October 2022.

Ngā koringa ā-muri

Next steps

29. The decision of the Governing Body will be communicated to senior staff so that they are aware of the arrangements for the month of October 2022.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

No.	Title	Page
a ⇩	Conference Report Back	123

No.	Title	Page
a ⇩	Forward Work Programme	131
b	Memorandum: Auckland Council’s Submission on the Water Services Entities Bill (Under Separate Cover)

Governing Body

25 August 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
Area of work and Lead Department	Pūnga / Reason for work		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 Performance Objectives for FY22-24: Review for FY2022/2023 28 July 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 ā-taipitopito / 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 Kohuki / 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 whai / 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 Risk management approach for the Annual Budget 2022/2023 7 June 2022 Link to decision Tūpuna Maunga Authority Operational Plan 2022/2023 7 June 2022 Link to decision Annual Budget 2022/2023: Mayoral Proposal 7 June 2022 Link to decision Annual Budget 2022/2023: Kerbside refuse charging policy review 7 June 2022 Link to decision Annual Budget 2022/2023: Other Fees and Charges 7 June 2022 Link to decision Rating of Whenua Māori: Adoption of Rates Remission and Postponement policies 7 June 2022 Link to decision Adoption of the Annual Budget 2022/2023 29 June 2022 Link to decision Adoption of Revenue and Financing Policy 29 June 2022 Link to decision Rates setting 2022/2023 29 June 2022 Link to decision Rates remission and postponement policy: correction for omission in adopted policy 29 June 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 whai / adopt any changes Progress to date: Adoption of Consultation Material 8 February 2022 Link to decision Rating of Whenua Māori: Adoption of Rates Remission and Postponement policies 7 June 2022 Link to decision		Consultation Material				Adoption
Annual Report	Statutory requirement	Decision to whai / adopt the Annual Report Progress to date:									Adoption
Independent Māori Statutory Board – Funding Agreement	Statutory requirement	Decision to whakaae / approve funding agreement Progress to date: Report to approve funding agreement 26 May 2022 Link to decision					Approval
Committee Forward Work Programmes	Responsibility for oversight of work programmes of all committee of the Governing Body.	Decision to tuhi ā-taipitopito / 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 whai / adopt the Terms of Reference Decision to whai / 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 tapi / 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 whiwhi / receive quarterly Health, Safety and Wellbeing report Progress to date: Report for February 2022 24 February 2022 Link to decision Report for May 2022 26 May 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.		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 ā-taipitopito / note the enterprise risk report and risk heat map Decision to whiwhi / 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 ā-taipitopito / note the Annual Report on the Performance of the Audit and Risk Committee.
Te Tiriti o Waitangi / Treaty of Waitangi	The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.	Decision to whakaae / approve submissions to the Crown as and when required Decision to whakaae / approve establishment and on-going implementation of co-management and other governance arrangements	As and when required
Governance Framework Review	The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards	Decisions on Joint Governance Working Party recommendations Decisions on Service Levels and Funding Decisions on Governance Framework Review implementation as required	As and when required
Climate Action Targeted Rate (CATR)	Governance and Oversight Group Providing direction and endorsement of the annual CATR programmes and projects	Receive annual reports Review governance and oversight arrangements as required Progress to date: Report on proposed framework and initial membership of group 28 July 2022 Link to decision
BYLAWS ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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 auaha/tapi/whakakore / Make/Amend/Revoke the bylaw Progress to Date: Report on next steps 25 March 2021 Link to decision Options Report 27 May 2021 Link to decision Bylaw Panel Report to adopt new bylaw 23 June 2022 Link to decision			Direction		Options
Traffic Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to whakaae / approve statement of proposal # Decision to auaha/tapi/whakakore / Make/Amend/Revoke the bylaw Progress to Date: No decision required until 2023/2024.

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 whai / 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 whakaae / approve the policy and confirm any changes.	Report to approve 24 June 2021 Link to decision
Group Remuneration Policy	Decision to whakaae / approve the policy.	Report to approve policy 24 June 2021 Link to decision
Tūpuna Maunga o Tāmaki Makaurau Operations Plan	Decision to whai / 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 whai / adopt the Annual Report	Adoption 27 September 2021 Link to decision
Maori Outcomes Performance Measurement Framework	Decision to whakaae / 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 whai / 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
Property Maintenance Nuisance Bylaw Review		Approve statement of Proposal 23 September 2021 Link to decision Bylaw Panel Report to adopt amendments 28 April 2022 Link to decision
Signage Bylaw Review		Approve statement of proposal 26 August 2021 Link to decision Bylaw Panel Report to adopt bylaw 26 May 2022 Link to decision
Stormwater Bylaw		Approve statement of proposal 26 August 2021 Link to decision Bylaw Panel Report to adopt amendments 28 April 2022 Link to decision

[2] Section 12(2) Civil Defence Emergency Management Act 2002

[3] Clause 14, Schedule 7, Local Government Act 2002

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

Date	Memorandum
12.8.22	Auckland Council’s Submission on the Water Services Entities Bill

Authors	Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
Authorisers	Jim Stabback - Chief Executive

Author	Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
Authoriser	Jim Stabback - Chief Executive