Agenda of Ōrākei Local Board - Thursday, 18 August 2022

Chairman S Milne will welcome those present.

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 Ōrākei Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 21 July 2022, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairman of the Ōrākei 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.

8.1 Deputation - Mission Bay Kohimarama Residents Association- Presentation on Tagalad Reserve Community Proposal

Te take mō te pūrongo

Purpose of the report

1. To deliver a presentation to the board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. On behalf of the Mission Bay Kohimarama Residents Association, Wanda Mountfort, Don Stock and Robert Falvey will be in attendance to present to the board on a community proposal for Tagalad Reserve.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) receive the presentation and thank Wanda Mountfort, Don Stock and Robert Falvey for their attendance.

Attachments

a Tagalad Reserve - Mission Bay Kohimarama Residents Association - Community Proposal.......................... 211

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.”

Ōrākei Local Board

18 August 2022

Proposed new agreement to lease and community lease to Eastern Suburbs Gymnastics Club Incorporated at Liston Park, 105 Michaels Avenue, Ellerslie

File No.: CP2022/11415

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a new agreement to lease and community lease to Eastern Suburbs Gymnastics Club Incorporated for an area of Liston Park located at 105 Michaels Avenue, Ellerslie.

Whakarāpopototanga matua

Executive summary

2. Eastern Suburbs Gymnastics Club Incorporated (ESGC, the club) seeks to establish a new amenity building at Liston Park; and was identified as the preferred tenderer to develop a facility and domicile at the park, as part of a request for proposal (RFP) process undertaken by Auckland Council in April 2021.

3. A new amenity at this location meets a demonstrated need in this area and in the wider Auckland region for gymnastics.

4. The club is still sourcing funding for this project. An agreement to lease provides certainty to the club and potential funders that a lease will be granted provided that the performance criteria in the agreement are met. It enables the club to continue the process for fundraising.

5. The club privately own and manage a freehold commercial property at 89 Apirana Avenue, Glen Innes where they are currently based. The sale of this property will provide the club with a significant portion of the funding needed for this project.

6. The establishment of a new agreement to lease was identified and approved by the local board as part of the Community Facilities: Community Leases Work Programme 2022/2023 (resolution OR/2022/78) at their local board meeting on 16 June 2022.

7. ESGC aims to continue to provide the sport of gymnastics and related activities from the proposed site. These activities align with the Ōrākei Local Board Plan 2020 Outcome Three – “All parks and open space areas are attractive and well-used places for both active and passive recreation.”

8. ESGC has provided all required information, including financials, which show that it has sufficient funds and it is being managed appropriately. They have all the necessary insurance cover, including public liability insurance, in place.

9. Public notification is required under section 138(2) of the Local Government Act 2002, and iwi engagement is required under section 4 of the Conservation Act 1987 prior to any lease being granted. Engagement with iwi groups identified as having an interest in the Ōrākei Local Board area are underway and public notification will commence in August.

10. A community outcomes plan that identifies the benefits the activity will provide to the community will be negotiated with the group. This will be attached as a schedule to the lease document once the performance criteria in the agreement to lease are met.

11. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions.

12. This report recommends that an agreement to lease be granted to ESGC for a term of three years commencing from the date of resolution, with an option to renew for a further term as the local board determines. And subject to the terms of the agreement to lease being met, grant a community lease to the club for a term of 10 years with one 10-year right of renewal.

13. If the local board decides to grant the agreement to lease, staff will work with the lessee to finalise the agreement to lease document.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) grant an agreement to lease for an area comprising approximately 16446 m²(more or less) for the proposed amenity building at Liston Park on Allotment 144 Section 12 Suburb of Auckland, contained in NA14D/531 and held in fee simple by the Auckland Council under the Local Government Act 2002 (as per Attachment A – Site Plan of the Agreement to Lease Premises), subject to the following terms and conditions:

i) agreement term – 36 months (three years) with a commencement date of 18 August 2022, to complete fundraising for the project and to seek all approvals for the construction and development of the proposed activity

ii) an option to renew for a further term as determined by local board

iii) prior to any works being carried out at the site, Eastern Suburbs Gymnastics Club Incorporated will obtain at its own cost, any necessary resource and building consents, and landowner approval for the works

iv) the Eastern Suburbs Gymnastics Club being granted access to the site prior to the commencement of the lease to carry out the required works

b) appoint a hearings panel to hear submissions, if required, for the agreement to lease or the proposed lease to Eastern Suburbs Gymnastics Club Incorporated at 105 Michaels Avenue

c) subject to the satisfactory resolution of any public submissions, and completion of iwi engagement, and the terms of the agreement to lease being met, grant a community lease to Eastern Suburbs Gymnastics Club for the new amenity building at Liston Park on Allotment 144 Section 12 Suburb of Auckland, contained in NA14D/531 and held in fee simple by the Auckland Council under the Local Government Act 2002 shown hatched in yellow on Attachment A of the agenda report on the following terms and conditions:

i) an initial term of 10 years with one right of renewal of 10 years

ii) the commencement date being the date of issue of the code of compliance certificate or other approval of the proposed development works

iii) rent – $1.00 plus GST per annum if demanded

iv) Community Outcomes Plan - to be appended to the lease as a schedule of the lease agreement

v) the Eastern Suburbs Gymnastics Club Incorporated managing at no cost to the council, the operation of the building, its day-to-day management and capital replacement.

vi) all other terms and conditions being met, in accordance with the Local Government Act 2002 and the Auckland Council Community Occupancy Guidelines 2012

d) note that iwi engagement for Auckland Council’s intention to grant a new community lease to Eastern Suburbs Gymnastics Club Incorporated located at Liston Park, 105 Michaels Avenue, Ellerslie, is in progress and public notification will take place in August.

e) agree that if the requirements of the agreement to lease to the Eastern Suburbs Gymnastics Club Incorporated for the new amenity building at Liston Park are not satisfied after three years from the date of this resolution, the agreement to lease will end.

Horopaki

Context

14. Local boards have the allocated authority relating to local recreation, parks, sport and community facilities, including community leasing matters.

15. The Ōrākei Local Board approved the Community Facilities: Community Leases Work Programme 2022-2023 (resolution OR/2022/78) at their local board meeting on 16 June 2022. The progression of this lease item was part of the approved work programme. This report considers the new agreement to lease as approved on the work programme.

16. The group provides a valuable service to the local community and has done so for 33 years.

Land, building/s and lease

17. Liston Park is located at 105 Michaels Avenue, Ellerslie (refer to Attachment A). The proposed leased site is legally described as Allotment 144 Section 12 Suburb of Auckland, in record of title NA14D/531, held by Auckland Council in fee simple under the Local Government Act 2002, and is approximately 1644.5m² (more or less).

18. Liston Park was previously owned by the Marist Old Boys Rugby Club Incorporated and was acquired by Auckland Council in 2010. In 2020 a request for proposal (RFP) process for the development of Liston Park was commenced by the council and resulted in ESGC being identified as the preferred tenderer to develop a new facility at the park.

19. ESAGC currently own and operate from a repurposed industrial building at 89 Apirana Avenue, Glen Innes. The club intends to sell this property which will provide a large portion of the funding needed for the new amenity at Liston Park. Any additional funding required will be secured from third-party funders and local businesses.

20. A major function of the park will be the provision of facilities for gymnastics and organised sport. These activities align with the Local Board Plan 2020 Outcome Three – “All parks and open space areas are attractive and well-used places for both active and passive recreation.” It is an important part in meeting direction five of the Auckland Plan of activating children and young people, recognising the diverse communities and the growing population. ESGC aims to continue to provide the sport of gymnastics and related activities if they relocate to Liston Park.

21. The proposed amenity building is estimated to cost $9.1M, to be substantially financed through the sale of the club’s facility in Glen Innes, and the remaining balance secured through third-party funders and local businesses.

Eastern Suburbs Gymnastics Club Incorporated (ESGC)

22. ESGC was founded in 1989 and its primary objective is to provide the sport of gymnastics. Its mission is: “To create a fun and inspiring environment that develops confidence and passion for a lifelong love of sport, within our community.”

23. Originally based out of Selwyn College they quickly became popular and outgrew this location. After many years of fundraising and hard work, the club purchased its current property at 89 Apirana Avenue, Glen Innes in 2006.

24. The club has continued to grow in membership peaking at 600 when off-site facilities are used. Their current registered membership is 489, with 81 percent of members in the 5-13 years age bracket, 8:2 female to male ratio; 64 percent identifying as pakeha, 12 percent as Asian, four percent Māori, and one percent Pasifika.

25. Programmes currently offered by the club include: Playgym, General Gymnastics, Circus and Acrobatics classes, Outdoor and Online classes, Parkour, Adult Classes, Open Play, School Programmes, Competitive Gymnastics and Holiday Programme.

26. The club’s building in Glen Innes has become too small for the club’s current membership, or to allow the club to offer the range of activities to cater to the needs of the local community. The facility is at full capacity, they are open every day of the week, mornings and evenings. They have sought council’s assistance over the years with options for more space to cater to their growing membership.

27. The club intends to expand its services if they relocate to Liston Park, by offering programs for: the elderly, those with health conditions or impairments, programs that partner with local iwi and Pasifika to support greater Māori and Pasifika participation.

28. ESGC have served the local community of Ōrākei for 33 years. The club is thriving and is beneficial to many, particularly youth. They are open to partnerships with other local clubs and groups with a view to sharing the new facility. The club is the only group offering gymnastics within Ōrākei, the nearest clubs are based in Howick and Papatoetoe.

Tātaritanga me ngā tohutohu

Analysis and advice

29. The club’s proposal in the RFP process emerged with the highest overall scores, primarily based on the ‘preparedness’ attribute (how soon the development could be started, current available funding, planning and concept) as well as the proposed operating model.

30. As a growing, popular sporting code that caters primarily (but not exclusively) to young females it is likely to attract support from funders, thereby shortening the time of delivery. The incumbent group is needed in the area and the group is performing well.

31. The new facility will contribute to the activation and better utilisation of Liston Park and provide more appropriate facilities for wider park users. The main facility would be a gymnasium, with ancillary facilities such as toilet/changing rooms, meeting/social rooms and offices. The external toilets will be open to the public users of the park and be jointly maintained by council and the club.

32. As Auckland’s population grows, it becomes more important to ensure that spaces like Liston Park offer a multitude of opportunities for sport and active recreation for local diverse communities.

Public notification and engagement

33. Under Section 138(2) of the Local Government Act 2002, Auckland Council must publicly notify its intention to grant a new community lease if the term is longer than six-months in duration; and must engage with iwi under section 4 of the Conservation Act 1987 prior to any lease being granted.

34. Public notification is underway, the cost for this will be met by the Community Facilities department of the council.

35. Iwi engagement is also underway. Although ESGC has confirmed that due to COVID-19 lockdown, consultation has been significantly constrained, the club intends to make further contact with Ngati Whātua Ōrākei and strengthen that relationship.

Assessment of the application

36. The club has submitted a comprehensive application supporting the agreement to lease request and is able to demonstrate its ability to deliver gymnastics and related services.

37. ESGC has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities. They have all necessary insurance cover, including public liability and building insurance, in place.

38. An agreement to lease shows the intent to grant a community lease provided the performance criteria in the agreement are met within the timeframe indicated. It allows time for the club to raise funds, specify the proposed works, obtain the required approvals and carry out the works. Attached to the agreement to lease will be a draft lease that will set out the terms that will apply once the lease takes effect.

39. The club intends to start building in August 2023. The timeframe of the agreement to lease allows some flexibility to coordinate with the application timeframes of funding organisations. It also includes the time to obtain consents and other approvals and to carry out the works to create the facility. Some of these activities can be undertaken concurrently.

40. The agreement to lease will also provide for access to the site to allow the group to undertake the works for the anticipated use ahead of the lease commencing

41. A community outcomes plan will be negotiated with the club to identify the benefits it will provide to the community. This will be attached as a schedule to the lease agreement once the lease takes effect.

42. As the club will be the owner of the improvements on the site and prime user of the facility, management and maintenance together with day-to-day operation of the facility will be undertaken by the club.

43. Staff recommend that a new agreement to lease be granted to ESGC for a term of three years, commencing from the date of resolution with an option to renew for a further term to be determined by the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

44. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions. A shared workspace/community space will however decrease overall energy use, as users will not consume energy at individual workspaces. The shared space will provide opportunity and enable people to enjoy positive healthy lifestyles and will increase capability and connections within local community.

45. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities

46. All measures taken are aimed at meeting the council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

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

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

47. Although there have been no reports of flooding in this area, climate change has a likely potential to impact the lease as the leased area is located in a flood-sensitive zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

48. Council staff from within the Customer and Community Services Directorate, such as Community Facilities Operational Management and Maintenance, Parks, Sports and Recreation, Parks and Places, Land Advisory, and Service Investment and Programming staff have been consulted. They are supportive of the proposed agreement to lease as it will include positive outcomes.

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

Local impacts and local board views

49. The proposed agreement to lease will benefit the community by enabling initiatives that promote code of gymnastics and healthy living the Ōrākei Local Board area and its surrounding communities.

50. The assessment of the application was workshopped with the Ōrākei Local Board on the 7 July 2022. The local board indicated its in principle support for the lease proposal.

The delivered activities align with the Ōrākei Local Board Plan 2020 outcome three objective:

Local Board Plan outcome and objective

Outcome	Objective
Outcome Three: All parks and open space areas are attractive and well-used places for both active and passive recreation.	More than ever, since COVID-19, our residents have enjoyed and appreciated our parks, reserves and open spaces. Providing recreational space for more people, more of the time, will continue to be our focus.

Tauākī whakaaweawe Māori

Māori impact statement

51. Iwi engagement about the council’s intention to grant a new agreement to lease for Liston Park, 105 Michaels Avenue, Ellerslie is in progress with a number of iwi groups identified as having an interest in land in the Ōrākei Local Board area. The engagement involves:

· a presentation at the South / Central hui on 31 August 2022 at Manukau.

· an email to all iwi identified as having an interest in the area as captured in Attachment A, containing detailed information on the land, the lessee and the lease proposal as required by Section 4 of the Conservation Act 1987.

52. ESGC has agreed, via the Community Outcomes Plan, to deliver Māori Outcomes that reflect their local community. The lease will benefit Māori and the wider community through health and wellbeing services offered by the club with the intention of strengthening its relationship with the local iwi Ngāti Whātua Ōrākei.

53. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

54. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

55. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

56. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

57. All costs relating to the advertisement of the council’s intention to grant the proposed agreement to lease will be borne by the Community Facilities Department of Auckland Council.

58. Staff have consulted with the Financial Strategy and Planning Department of the council. No concerns were raised regarding the financial implications for the new agreement to lease to ESGC.

59. Ongoing maintenance of the asset will be the responsibility of the club as it will be owned by them. The outcome of discussions between council and the club around the shared maintenance of the club-owned toilets will be recorded in the deed of lease.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

60. If the club is not able to fund or complete construction of the amenity building, the use may not be realised and alternative funds or users may need to be identified.

61. The club is at the conceptual stage and the process of applying for consents to undertake the proposed works. If an agreement to lease is not granted, the proposed project would fail. The club would likely sustain losses in terms of its finance and resources not to mention the year’s worth of work it has invested in planning and developing this proposal.

62. There are small risks associated with the public notification process that objections may be received that are required to be heard and delay consideration of the approval of the lease.

63. Without an agreement to lease, the club will not be able to develop and grow its programmes for the future, and it will be considerably inhibited in continuing to deliver its services to its members and the local community.

Ngā koringa ā-muri

Next steps

64. If the local board resolves to grant the agreement to lease, staff will work with the Eastern Suburbs Gymnastics Club to finalise the lease agreement in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A Site Plan of Agreement to Lease Premises	15

Ngā kaihaina

Signatories

Author

Valerie Vui - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

Proposed new community lease to Mission Bay Tennis Club Incorporated at Tagalad Reserve North, 11a Marau Crescent, Mission Bay

File No.: CP2022/11392

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a new community lease to Mission Bay Tennis Club Incorporated located at Tagalad Reserve North, 11a Marau Crescent, Mission Bay.

Whakarāpopototanga matua

Executive summary

2. Mission Bay Tennis Club Incorporated (MBT, the club, or the tenant) seeks a new community lease to continue occupation and operation from its building at Tagalad Reserve North, 11a Marau Crescent, Mission Bay.

3. MBT currently holds a ground lease which reached final expiry on 31 October 2021. The lease is holding over on a month-by-month basis until a new lease is granted.

4. The establishment of a new lease was identified and approved by the local board as part of the Community Facilities: Community Leases Work Programme 2020/2021 (resolution OR/2020/75) at their local board meeting on 20 August 2020.

5. The club aims to continue to provide the sport of tennis and related services from the premises. These activities align with the Local Board Plan 2020 Outcome Three – “All parks and open space areas are attractive and well-used places for both active and passive recreation”.

6. The club has provided all required information including financials, showing that it has sufficient funds, and it is being managed appropriately. It has all the necessary insurance cover, including public liability insurance, in place.

7. As the building is tenant-owned, calling for expressions of interest to occupy the site is not required. Public notification of the intent to grant a new lease and iwi engagement is required pursuant to section 54(2) of the Reserves Act and under section 4 of the Conservation Act 1987.

8. A site visit has been completed and the clubroom and leased premises are in good order.

9. A community outcomes plan is being negotiated with the group that identifies the benefits it will provide to the community. This will be attached as a schedule to the lease document.

10. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions.

11. This report recommends that a new community lease be granted to the club for a term of ten years, commencing from the date of resolution with one ten-year right of renewal.

12. If the local board decides to grant the lease, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) grant a new community lease to the Mission Bay Tennis Club Incorporated for an area comprising approximately 5,218m²located at Tagalad Reserve North on the land legally described as Lots 2 and 8 on DP 24973 and being part Allotments 32 and 40A of the District of Tamaki and comprised in Record of Title NA633/168 (as per Attachment A – Site Plan of Leased Premises), subject to the following terms and conditions:

i) term – ten years, commencing on the date of the board resolution, with one ten year right of renewal

ii) rent – $1.00 plus GST per annum if demanded

iii) operational charge - $1000 plus GST per annum

iv) Community Outcomes Plan - to be appended to the lease as a schedule of the lease agreement

b) approve all other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012.

Horopaki

Context

13. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

14. The Ōrākei Local Board approved the Community Facilities: Community Leases Work Programme 2020/2021 (resolution OR/2020/75).

15. The progression of this lease to Mission Bay Tennis Club Incorporated (MBT, the club) at Tagalad Reserve North, 11a Marau Crescent, Mission Bay, was part of the approved work programme. This report considers the new community lease as approved on the work programme.

Tātaritanga me ngā tohutohu

Analysis and advice

16. Mission Bay Tennis Club Incorporated is located at 11a Marau Crescent, Mission Bay (refer to Attachment A Site Plan – Site Plan of Leased Premises). The land is legally described as Lots 2 and 8 on DP 24973 and being part Allotments 32 and 40A of the District of Tamaki and comprised in NA633/168, is held by Auckland Council in fee simple, as classified recreation reserve under the Reserves Act 1977, and is approximately 5,218m².

17. The club holds a community lease for the council-owned land situated at Tagalad Reserve North which expired on 31 October 2021. The building is primarily used by the group as clubrooms.

18. A site visit has been completed and the clubroom and leased premises are in good order.

19. The club have been operating within the Ōrākei community since 1951. Their current lease with the council for this site commenced 1 November 1988, 33 years ago. The club applied for a new lease in September 2021, due to COVID-19 and related capacity issues, the matter was unable to be progressed until now.

20. At the expiry of a lease for a council-owned building, a review of alternatives for the use of the premises should be carried out as good practice. For this an expression of interest process can be undertaken to gauge interest and best use. As Mission Bay Tennis Club owns the building, calling for expressions of interest is not required in this instance.

Mission Bay Tennis Club Incorporated (MBT)

21. The club was incorporated on 17 September 1951 and has operated within the Mission Bay community since. It is a major focus for community sports and has a thriving membership of both playing and social participants.

22. With more than 300 registered members, the club has a strong presence in both summer and winter interclub competitions and offers many in-house competitions and events. MBT is community focussed and runs free programmes for the community in summer introducing youngsters to tennis and activities under a structured national programme called Love Tennis. The club boasts six year-round, floodlit astrograss courts, a modern clubhouse and plenty of off-street parking.

23. The following programmes are also offered by the club:

· Coaching programme – operates Monday, Wednesday, Friday and Saturday

· Hot Shots Community Play - specifically for children (3-12yos), on Saturday mornings

· Senior programme - for women, men, mixed, throughout the week

· Junior programme - runs throughout the week

· Midweek programme - runs on Wednesday nights and is both social and competitive

· Afterschool and Holiday programmes.

24. MBT is affiliated to Tennis Auckland and Tennis New Zealand, and welcomes players of all ages, with or without playing experience. They are looking to strengthen their coaching links with local schools and have a strong volunteer committee which makes the club one of the most popular and successful in Auckland.

25. The club continues to do well despite COVID-19. Tennis has become a very popular sport. It is naturally socially distanced and therefore there has been a continued interest. The club has implemented the COVID-19 vaccine policy for all members, including issuing vaccine passes for competing members which have been submitted to Auckland Tennis to qualify for interclub competitions. The club has also introduced a new club iPad for event management so non-member guests can access the NZ Verifier App to view their vaccine pass.

26. MBT continues to invest in its clubrooms and facilities through its regular maintenance programme. They have replaced some very old flood lights with new models which will benefit members for another 15 to 20 years. They have managed to keep expenses low by operating a policy of avoiding “frivolous grant submissions”, electing to focus applications on a few major projects over the years where fiscal assistance is an unavoidable necessity. These have generally been for lights, court replacements or major repairs to the club house. The club have donated older light bulbs back for recycling and reuse by other tennis clubs who can benefit from this if they are using the older non-LED technology.

27. The club has been reliant on membership fees. Bar takings and fees from hireage of the clubrooms for events have been impacted for two years, with club nights, tournaments and events cancelled during the COVID delta strain lockdown (August 2021 to December 22021) which normally would have been the busiest months for the club. This has had a financial impact; however as with any club, MBT has managed by cutting back on expenses, running quiz nights after lockdown, and looks forward to a busy year ahead.

Public notification and engagement

28. There is no reserve management plan for Tagalad Reserve North. Public notification of the intent to grant a new lease under section 54(2) of the Reserves Act 1977, and iwi engagement under section 4 of the Conservation Act 1987 are therefore required.

Assessment of the application

29. The tenant has submitted a comprehensive application, supporting the new lease request, and is able to demonstrate its ability to deliver tennis and related activities.

30. The area proposed to be leased to MBT consists of approximately 5,218m²and is outlined in Attachment A – Site Plan of Leased Premises.

31. MBT has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities. They have all necessary insurance cover, including public liability insurance, in place.

32. A site visit has been undertaken by staff and the facility is well-managed and maintained. All management and operational costs are funded by the club as it is a tenant-owned asset. The club has long term plans to invest further into the site and its facilities, and are interested in leveraging their assets (clubhouse and courts) to other non-tennis groups through hireage.

33. MBT provides a valuable service to locals by offering the sport of tennis and related activities, making the sport accessible to the community and providing pathways for its members to go professional. Its membership numbers are evidence that the club’s services are needed in this area.

34. A community outcomes plan will be negotiated with the club if the local board agree to granting a new lease. This will identify the benefits the club will provide to the community and will be attached as a schedule to the lease agreement.

35. Staff recommend that a new community lease be granted to the club for a term of ten years, commencing from the date of resolution with one ten-year right of renewal.

Tauākī whakaaweawe āhuarangi

Climate impact statement

36. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions. A shared community space will however decrease overall energy use. The space will provide opportunity and enable people to enjoy positive, healthy lifestyles and will increase capability and connections within local community.

37. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco-labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

38. Asset improvements and maintenance undertaken by the council will strive for maximum re-use and recycling of existing material. This will be in alignment with the waste management hierarchy (prevention, reduction, recycle) to ensure minimum impact on greenhouse gas emission.

39. All measures taken are aimed at meeting the council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan. These are:

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

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

40. Climate change may impact on the lease as the site sits in a flood-prone zone with overland flow paths and it is only 400 metres away from Mission Bay. The likelihood of flooding is low as the club confirms there has been no flooding or reports of flooding where they are located in all the years they have been there.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41. Council staff from the Customer and Community Services Directorate, Community Facilities Operational Management and Maintenance, Parks, Sports and Recreation, and Land Advisory units have been consulted.

42. Overall, council staff are supportive of the proposed new lease as it will include positive outcomes.

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

Local impacts and local board views

43. The proposed lease will benefit the community by enabling initiatives that promote the sport of tennis, exercise and healthy living, which will continue to benefit the Ōrākei Board Local Board area and its surrounding communities.

44. The assessment of the application was workshopped with the Ōrākei Local Board in September 2021. The board indicated its in principle support for the proposed lease, based on the continued need for the activities and services provided by the club to its members and the local community.

45. The delivered activities align with the Ōrākei Local Board Plan 2020 outcome three and objective:

Local Board Plan outcomes and objectives:

Outcome	Objective
Outcome Three: All parks and open space areas are attractive and well-used places for both active and passive recreation.	More than ever, since COVID-19, our residents have enjoyed and appreciated our parks, reserves and open spaces. Providing recreational space for more people, more of the time, will continue to be our focus.

Tauākī whakaaweawe Māori

Māori impact statement

46. Iwi engagement about the council’s intention to grant a new community lease for 11a Marau Crescent, Mission Bay is being progressed.

47. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations as they fall within a local government Tāmaki Makaurau context.

48. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

49. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

50. The tenant has agreed, via the community outcomes plan, to deliver Māori Outcomes that reflect their local community. The lease will benefit Māori and the wider community through health and wellbeing services offered by the club.

Ngā ritenga ā-pūtea

Financial implications

51. Staff have consulted with the Financial Strategy and Planning Department of the council. No concerns were raised regarding the financial implications for the new lease to MBT.

52. Ongoing maintenance of the asset will be the responsibility of the club as it is a tenant-owned building. Rent of $1 and an operational fee of $150 plus GST per annum will be charged to the lessee under the new lease agreement.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

53. Should the local board resolve not to grant the proposed community lease to MBT, the club’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome as the public will not be able to access the services of the club or enjoy the park and open space.

54. The new lease affords the club’s security of tenure, enabling them to attend to the scheduled maintenance of their facility and improvements.

Ngā koringa ā-muri

Next steps

55. If the local board resolves to the grant the proposed new community lease, staff will work with the club to finalise the lease agreements in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A Site Plan of Leased Premises	23

Ngā kaihaina

Signatories

Author

Valerie Vui - Community Lease Advisor

Authorisers

Mark Townshend - Head of Project Specialisation Office

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

Proposed new community lease to Auckland Waterski Club Inc

File No.: CP2022/10874

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a new community lease to Auckland Waterski Club Incorporated located at Ōrākei Basin, 120A Lucerne Road, Remuera.

Whakarāpopototanga matua

Executive summary

2. Auckland Waterski Club Incorporated (AWC, or the club) seeks a new community lease to continue occupation and operation from its building at Ōrākei Basin, 120A Lucerne Road, Remuera.

3. AWC currently holds a ground lease, which expired on 31 March 2022. The lease is holding over on a month-by-month basis until a new lease is granted.

4. The establishment of a new lease was identified and approved by the Orakei Local Board as part of the Community Facilities: Community Leases Work Programme 2020/2021 (resolution OR/2020/75) on 20 August 2020.

5. AWC aims to continue to provide the sport of waterskiing and related water-based activities and services from the premises. These activities align with the Local Board Plan 2020 Outcome Three – “All parks and open space areas are attractive and well-used places for both active and passive recreation.”

6. AWC has provided all required information including financials, showing that it has sufficient funds, and it is being managed appropriately. AWC has all the necessary insurance cover, including public liability insurance, in place.

7. As the building is tenant-owned, calling for expressions of interest to occupy the site is not required. The group and its activities are contemplated in the Ōrākei Basin Management Plan 2010, public notification of the intent to grant a new lease and iwi engagement are therefore not required pursuant to section 54(2) of the Reserves Act and section 4 of the Conservation Act 1987 as these were completed when the management plan was developed.

8. A community outcomes plan is being negotiated with the group that identifies the benefits it will provide to the community. This will be attached as a schedule to the lease document.

9. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions.

10. This report recommends that a new community lease be granted to AWC for a term of 10 years commencing from the date of resolution with one 10-year right of renewal.

11. If the local board decides to grant the lease, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) grant a new community lease to the Auckland Waterski Club Incorporated for an area comprising approximately 361.6m²(more or less) located at Ōrākei Basin on the land legally described as Lot 8 DP 46346 - NA24D/457 (as per Attachment A – Site Plan of Leased Premises), subject to the following terms and conditions:

i) term – ten years, commencing on the date of the board resolution, with one ten-year right of renewal

ii) rent – $1.00 plus GST per annum if demanded

iii) operational charge - $500 plus GST per annum

iv) Community Outcomes Plan - to be appended to the lease as a schedule of the lease agreement

b) approve all other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012

Horopaki

Context

12. Local boards have the allocated authority relating to local recreation, parks, sport and community facilities, including community leasing matters.

13. The Ōrākei Local Board have approved the Community Facilities: Community Leases Work Programme 2020/2021 (resolution OR/2020/75). The progression of this lease to AWC at the Ōrākei Basin, 120A Lucerne Road, Remuera, was part of the approved work programme. This report considers the new community lease as approved on the work programme.

14. Auckland Waterski Club Incorporated is located at Ōrākei Basin, 120A Lucerne Road, Remuera (refer to Attachment A Site Plan – Site Plan of Leased Premises). The land is legally described as Lot 8 DP 46346 comprised in Record of Title NA24D/457, held by Auckland Council in fee simple as classified recreation reserve under the Reserves Act 1977, and is approximately 361.6m².

15. AWC holds a community lease for the council-owned land situated at Ōrākei Basin which expired on 31 March 2022. The building is primarily used by the group as clubrooms. A site visit has been completed, the clubroom and leased premises are in good order.

16. The club applied for a new lease in May 2020, wishing to surrender their lease at that time to progress long term planning and investment into the site and its facilities. Due to COVID-19 and related capacity issues, the matter was unable to be progressed until this present date.

Auckland Waterski Club Incorporated (AWC)

17. AWC was established in 1954 and incorporated 9 June that same year. They have operated from the basin since then and in 1959 the club leased the current site for water-skiing from the council.

18. For 64 years the club has continued to contribute to the Ōrākei Basin community by:

· undertaking planting around the basin

· acting as a park warden for a period of time in the management of users

· helping keep the basin clean with club-led clean ups

· managing the sluice gates for the benefit of all users and residents without the need for the council to pay for this cost. This is especially important in times of heavy rain where emergency, unscheduled flushes can be required late at night to prevent flooding further up the creek.

19. AWC prides itself on turning out some of the best water-skiers in New Zealand and the world, including five world champions and two world university winners. They also pride themselves on their ability to provide the only record capable and tournament grade water ski facility in the Auckland region.

20. The club hosts the New Zealand Water-skiing Open annually and set regular tournaments frequented by national skiers. They also offer tube riding, knee boarding, barefoot skiing, slalom skiing, jump skiing, and wakeboarding for all age groups.

21. The club have also improved access for the public at its own cost, including building and sealing the access road to the boat ramp, constructing retaining walls around the basin and building the access stairs from Lucerne Road.

22. AWC has 287 registered members, 101 of those members are children. Membership is roughly 6:4 to males, however female membership has grown consistently over the years. The club strategy in the past three years has focussed on the development of its junior ski program resulting in a growth in junior skiers at both the social and tournament levels. The club’s youngest skier is 18 months old and the oldest is over 70 years old.

23. As a result of the expansion of the junior programme, the club has also launched a school program where they provide primary and intermediate school children with the opportunity to try water skiing.

24. The clubrooms are open and used five days a week and provide toilet facilities to the general public. The club has also purchased and maintains a heart defibrillator on site as well as keeping first aid training certificates current for its operations manager and up to 10 members who are regularly at the basin providing a vital first response capability onsite.

25. They have a good relationship with the New Zealand Scouts Association – Ōrākei Sea Scouts, who are located on the other side of the basin.

Tātaritanga me ngā tohutohu

Analysis and advice

26. At the expiry of a lease for a council-owned building, a review of alternatives for the use of the premises should be carried out as good practice. For this an expression of interest process can be undertaken to gauge interest and best use. As Auckland Waterski Club own the building, calling for expressions of interest is not required in this instance.

27. The club has submitted a comprehensive application supporting the new lease request and is able to demonstrate its ability to deliver water-skiing and related water activities.

28. The area proposed to be leased to AWC consists of approximately 361.6m²and is outlined in Attachment A – Site Plan of Leased Premises.

29. AWC has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities. They have all necessary insurance cover, including public liability insurance, in place.

30. A site visit has been undertaken by staff and the facility is well managed and maintained. All management and operational costs are funded by the club as it is a tenant-owned asset. The club’s improvements include a jetty, boat shed with small boat ramp to the left, and another boat ramp to the right all facing out towards the basin. The club have a license for these improvements and have long term plans to invest further into the site and its facilities.

31. The council has also undertaken improvements to the area by building retaining walls behind the clubroom and in front of the clubroom mid-way between the clubhouse and the bank.

32. AWC provides a valuable service to the local community by offering the sport of water-skiing and water-related activities, making the sport accessible to the local community, and providing pathways for its members to go professional.

33. By its membership numbers, it is evident the club’s services are needed in this area and they are provided for in the Ōrākei Basin Management Plan 2010.

34. A community outcomes plan will be negotiated with the club if the local board agrees to granting a new lease. This will identify the benefits it will provide to the community and will be attached as a schedule to the lease agreement.

35. Staff recommend that a new community lease be granted to the club for a term of ten years commencing from the date of resolution with one ten-year right of renewal.

Public notification and engagement

36. The club is provided for in the Ōrākei Basin Management Plan 2010, public notification of the intent to grant a new lease under section 54(2) of the Reserves Act 1977, and iwi engagement under section 4 of the Conservation Act 1987 are not required as this was completed at the time the management plan was developed.

Tauākī whakaaweawe āhuarangi

Climate impact statement

37. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions. A shared community space will however decrease overall energy use. The space will provide opportunity and enable people to enjoy positive healthy lifestyles and will increase capability and connections within local community.

38. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities

39. Asset improvements and maintenance undertaken by the council will strive for maximum re-use and recycling of existing material. This will be in alignment with the waste management hierarchy (prevention, reduction, recycle) to ensure minimum impact on greenhouse gas emission.

40. All measures taken are aimed at meeting the council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

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

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

41. Climate change may impact on the lease as the site is on the Ōrākei Basin and in a flood-prone zone. The likelihood of flooding happening is low as the club confirm there has been no flooding or reports of flooding where they are located in all the years they have been there.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

42. Council staff from the Customer and Community Services Directorate, Community Facilities Operational Management and Maintenance; Parks, sports and recreation, and Land Advisory units have been consulted.

43. Overall council staff are supportive of the proposed new lease as it will include positive outcomes.

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

Local impacts and local board views

44. The proposed lease will enable initiatives that promote the sport of water-skiing, exercise and healthy living, which continue to benefit the Ōrākei Local Board area and its surrounding communities.

45. The assessment of the application was workshopped with the Ōrākei Local Board in October 2021. The board indicated in principle support for the proposed lease, based on the continued need for the activities and services provided by the club to its members and the local community.

46. The club’s activities align with the Ōrākei Local Board Plan 2020 outcome three and objective:

Local Board Plan outcomes and objectives:

Outcome	Objective
Outcome Three: All parks and open space areas are attractive and well-used places for both active and passive recreation.	More than ever, since COVID-19, our residents have enjoyed and appreciated our parks, reserves and open spaces. Providing recreational space for more people, more of the time, will continue to be our focus.

Tauākī whakaaweawe Māori

Māori impact statement

47. Iwi engagement about the council’s intention to grant a new community lease to the Auckland Waterski Club 120A Lucerne Road, Remuera is not required as the club’s activities are provided for in the Ōrākei Basin Management Plan 2010.

48. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

49. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

50. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

51. AWC has agreed, via the community outcomes plan, to deliver Māori Outcomes that reflect their local community. The lease will benefit Māori and the wider community through health and wellbeing services offered by the AWC.

Ngā ritenga ā-pūtea

Financial implications

52. Staff have consulted with the Financial Strategy and Planning Department of the council. No concerns were raised regarding the financial implications for the new lease to AWC.

53. Ongoing maintenance of the asset will be the responsibility of the club as it is a tenant-owned building. Rent of $1 and an operational fee of $500 plus GST per annum will be charged to the lessee under the new lease agreement.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

54. Should the local board resolve not to grant the proposed community lease to AWC, the club’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome as the public will not be able to access the services of the club or enjoy the Ōrākei basin and its open space fully.

55. The new lease affords the club’s security of tenure, enabling it to attend to the scheduled maintenance of its facility and improvements.

Ngā koringa ā-muri

Next steps

56. If the local board resolves to grant the proposed new community lease, staff will work with AWC to finalise the lease agreements in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A Site Plan of Leased Premises	31

Ngā kaihaina

Signatories

Author

Valerie Vui - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

Approval for a new private road name at 25 Barbarich Drive, Stonefields

File No.: CP2022/10801

Te take mō te pūrongo

Purpose of the report

1. To approve the name for a new private road being created by way of the subdivision development at 25 Barbarich Drive, Stonefields.

Whakarāpopototanga matua

Executive summary

2. A resource consent was issued in December 2021 for the construction of 16 new residential freehold units and one Commonly Owned Access Lot (COAL) at 25 Barbarich Drive, Stonefields.

3. The New Zealand road naming standards require that in this particular instance a road name is necessary in the interests of public safety and administration and the Ōrākei Local Board has been delegated the responsibility for the naming of new roads in this local board area by the Governing Body.

4. The developer in this instance, Fletcher Residential Ltd, has proposed the following names for consideration by the local board:

a) Penehareti Rise (Applicant Preferred)

b) Pebbles Rise (Alternative 1)

c) Molten Mews (Alternative 2)

5. These names are assessed in this report by the council’s technical specialists as all being acceptable for the location and are now presented to the Ōrākei Local Board to consider which if any name might be approved under the delegation

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) approve the name Penehareti Rise for Lot 100 being the new private road created by way of subdivision at 25 Barbarich Drive, Stonefields, in accordance with section 319(1)(j) of the Local Government Act 1974 (Road naming reference RDN90101056, resource consent references BUN60387232 and SUB60387234).

Horopaki

Context

6. Resource consent reference BUN60387232 (subdivision reference number SUB60387234) was issued in December 2021 for the construction of 16 new residential freehold units and one Commonly Owned Access Lot (COAL) at 25 Barbarich Drive, Stonefields.

7. The Australian and New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the NZ Standards) require that in most instances, a road name is required in the interests of public safety and administration when the accessway services more than five dwellings, as in this instance.

8. The Ōrākei Local Board has been delegated by the Governing Body, the responsibility for the naming of new roads within this local board area and as required by section 319(1)(j) of the Local Government Act 1974.

9. To aid developers, the Ōrākei Local Board have provided the Ōrākei Local Board Road Naming Policy and Guidelines (the Guidelines) that set out the requirements and criteria for obtaining road names within the area. The Guidelines state that where a new road needs to be named, the subdivider / developer shall provide one preferred and several alternate road names for the local board’s consideration.

10. The developer in this instance, Fletcher Residential Ltd, has proposed the following names for consideration by the local board:

a) Penehareti Rise (Applicant Preferred)

b) Pebbles Rise (Alternative 1)

c) Molten Mews (Alternative 2)

Site and location plans of the development can be found in Attachment A and B.

11. The proposed names are assessed against both the NZ Standards and the Guidelines, so that the local board can have confidence in its decision making.

12. Having identified the necessity for a road name, the NZ Standards require that the name chosen is not duplicated in proximity and that the roading typology (Drive, Crescent, Place etc.) is suitable for this particular situation. These matters are considered by direct consultation with Land Information New Zealand (LINZ), which has responsibility for ensuring that addressing matters comply with the NZ Standards across New Zealand.

13. The Guidelines contain three principles to aid the consideration of an appropriate name:

Principle 1: Road names to minimise confusion

This Principle and the helpful “Road Naming Criteria” contained at Appendix B addresses the same public safety and prevention of administrative confusion matters that are set out in the NZ Standards, it is therefore considered that the requirements of Principle 1 would be considered to have been met in the event the proposed road names are technically acceptable to LINZ.

Principle 2: Road names to reflect the heritage of an area

At section (2), Principle 2 states that: “Proposed names should reflect the historical or cultural or existing thematic or environmental identity of an area, to recognise the unique characteristics of that area and possibly the community.” This provides a lens through which the appropriateness of a road name might be considered.

Section (4) requires that “The Board expects that there will be consultation with the local residents’ and local business associations, local special interest groups, historical societies and mana whenua to develop new names.” Assessment of this section provides the local board certainty that consultation has taken place with the groups most appropriate to determining the acceptability of a particular name.

Section (7) states that “Where an ancestral linkage to mana whenua is proposed the applicant must consult with the appropriate iwi to ensure cultural propriety”. This section sets the expectation in relation to the appropriate use of te rēo in road names. Assessment of this component of Principle 2 is undertaken in the Tauākī whakaaweawe Māori section of this report below.

Principle 3: Road Types

This Principle addresses the same matters for consideration in respect to road typology as set out in the NZ Standards, Principle 3 would be considered to have been met in the event the proposed typologies are acceptable to LINZ.

14. The analysis and advice that follows is undertaken with reference to the NZ Standards and the Guidelines and as described above.

Tātaritanga me ngā tohutohu

Analysis and advice

15. The proposed names and their meaning are provided in the table immediately below:

Proposed name	Meaning
Penehareti Rise (Applicant preferred)	“It is the name of Te Hinaki’s son. Te Hinaki was the supreme Ariki of the great pa [sites] Mauinaina and Mokoia that stood at Panmure and Pt England.”
Pebbles Rise (Alternative 1)	This is a wry, thematic link to “stone”.
Molten Mews (Alternative 2)	This name is in keeping with the theme of the surrounding names and relates to the special geographical nature of the local environment.

16. The three proposed road names have been checked against the NZ Standards in consultation with LINZ. LINZ have confirmed that, as there is no duplication or similarity to other names in close proximity, all names are technically suitable for use at this location. As Principle 1 of the Guidelines addresses the same public safety and prevention of administrative confusion matters that are set out in the NZ Standards, it can be considered that the requirements of Principle 1 have also been met in this instance.

17. Principle 2 section (2) of the Guidelines requires that the road names “… should reflect the historical or cultural or existing thematic or environmental identity of an area, to recognise the unique characteristics of that area and possibly the community.”

The applicant’s preferred name ‘Penehareti’ has been gifted by Ngāti Pāoa and reflects the ancestral / cultural link that iwi have to the area. The alternative names proposed by the applicant were shortlisted from a road naming competition that the applicant previously ran with the Stonefields Residents Association for a related development within the area. The proposed alternatives reflect an existing thematic identity in the area. As example, ‘Stonemason Avenue’, ‘Stonefields Avenue’ and ‘Magma Crescent’ are the names of existing roads in the locality. For these reasons, it is considered that the Principle 2 section (2) matters have been appropriately addressed.

18. Principle 2 section (4) of the Guidelines anticipates consultation with potentially affected community and other groups prior to decision making. On 7 July 2022 the Panmure Historical Society were contacted by the council on behalf of the applicant. By the close of the consultation period (22 July 2022), no responses, comments, or feedback were received.

The Stonefields Residents Association was consulted through a previous road naming competition last year for a related development in the area. The names not utilised at that time have been proposed as alternatives for this application. Additionally, the preferred name ‘Penehareti’ has been gifted by Ngāti Pāoa and for these reasons the Principle 2 section (4) matters are also considered to have been suitably addressed.

19. Principle 2 section (7) requires consideration of ancestral linkages to mana whenua. The gifting of the preferred name ‘Penehareti’ by Ngāti Pāoa, provides direct evidence of mana whenua support for that name.

20. LINZ have also confirmed that ‘Rise’ and ‘Mews’ are acceptable road types and reflect the form and layout of the COAL. As Principle 3 of the Guidelines addresses the same matters for consideration as set out in the NZ Standards, it can be considered that the requirements of Principle 3 have also been met.

21. Having provided assessment of the relevant NZ Standards and the Guidelines in the commentary above, it is therefore considered that the relevant matters have been adequately addressed by the applicant and the preferred road name can be supported.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23. The decision sought for this report 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 report’s advice.

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

Local impacts and local board views

24. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report. The Panmure Historical Society has been contacted for comment and none was received.

25. The preferred name ‘Penehareti’ has been gifted by Ngāti Pāoa who hold mana whenua over this area and therefore it is considered that the local views have been appropriately sought in this instance.

Tauākī whakaaweawe Māori

Māori impact statement

26. To aid local board decision-making, the Guidelines include Principles recognising cultural and ancestral linkages to areas of land through engagement with mana whenua,

27. On 20 May 2022 Ngāti Pāoa gifted the name ‘Penehareti’ for the new road in Stonefields after the local iwi group were engaged by Fletcher Residential Ltd.

28. On 7 July 2022 the council contacted all mana whenua on behalf of the applicant, through the Resource Consenting department’s central facilitation process. Representatives of the following groups with an interest in the general area were contacted:

· Ngāi Tai Ki Tāmaki (Ngāi Tai ki Tāmaki Tribal Trust)

· Ngāti Maru (Ngāti Maru Rūnanga Trust)

· Ngāti Pāoa

· Ngāti Tamaoho

· Ngāti Tamaterā (Ngāti Tamaterā Settlement Trust

· Ngāti Te Ata Waiohua

· Ngāti Whanaunga (Ngāti Whanaunga Incorporated)

· Ngāti Whātua o Kaipara

· Ngāti Whātua Ōrākei

· Te Ahiwaru – Waiohua

· Te Ākitai Waiohua

· Te Kawerau Ā Maki

· Te Patukirikiri

· Te Rūnanga o Ngāti Whātua

· Waikato - Tainui

29. By the close of the consultation period, no additional responses, comments, or feedback were received.

30. The gifting from Ngāti Pāoa of the applicant’s preferred name is indicative of Ngāti Pāoa's support for the process and outcome.

31. This site is not listed as a site of significance to mana whenua.

32. For these reasons it is considered that appropriate mana whenua consultation has taken place and that the preferred name, having been gifted by mana whenua can be supported.

Ngā ritenga ā-pūtea

Financial implications

33. The road naming process does not raise any financial implications for the council.

34. The applicant has the responsibility for ensuring that appropriate signage will be installed once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35. There are no significant risks to the council as road naming is a routine part of the subdivision development process, with consultation being a key component of that process.

Ngā koringa ā-muri

Next steps

36. Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - Site Plan	39
b ⇩	Attachment B - Location Plan	41

Ngā kaihaina

Signatories

Author

Amy Cao - Subdivision Advisor

Authorisers

David Snowdon - Team Leader Subdivision

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

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

File No.: CP2022/11353

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2. This report provides an integrated view of performance for the Ōrākei Local Board and includes financial performance and delivery against work programmes for the 2021/2022 financial year. The work programme is produced annually and aligns with Ōrākei Local Board Plan outcomes.

3. 99 activities within the agreed work programmes were delivered including multi-year projects that have progressed as expected. Three activities were undelivered, cancelled, put on hold or deferred and 10 multi-year projects/activities have not progressed as expected during 2021/2022.

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

· ID 17468 - Completion of the northern feeder link to the Ōrākei Spine shared path.

· ID 28404 - Churchill Park lookout area upgrade.

· ID 3053 - The Landing Concept Plan 2013 refresh progress.

· ID 24166 - Upgraded Selwyn Reserve play space.

· ID 755 - Pourewa Valley Integrated Plan implementation progress.

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

· ID 3054 - Hakumau Reserve Concept Plan.

· ID 362 - Movies in Parks.

· ID 361 - Local board Christmas event.

· ID 16172 - Shore Road Reserve physical works.

6. Approved budgets from unfinished activities in 2021/2022 will be carried forward into the 2022/2023 work programme

7. The financial performance report is attached 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 Ōrākei 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 report will remain confidential until after the Auckland Council Group results for 2021/2022 are released to the New Zealand’s Exchange (NZX) which are expected to be made public on 29 August 2022.

Horopaki

Context

8. The Ōrākei Local Board has an approved 2021/2022 work programme for the following:

· Customer and Community Services.

· Infrastructure and Environmental Services.

· Tātaki Auckland Unlimited.

9. The graph 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

10. 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 light system. Auckland went into traffic light red, moving to traffic light orange on 30 December 2021.

11. 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.

12. From 30 December 2021 until 13 April 2022, Auckland was in the red traffic light setting under the COVID-19 Protection Framework, which impacted the council and community-delivered event planning and programming. From 13 April 2022 Auckland has been in the orange traffic light setting.

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

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

14. The graph 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, deferred or merged (grey).

Graph 2: Work programme performance by RAG status

15. The graph below shows the stage of the activities in each department’s work programmes. The number of activity lines differ by department as approved in the local board work programmes.

Graph 3: Work programme performance by activity status and department

Chart

Description automatically generated

Key activity updates from quarter four

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

· Selwyn Reserve - renew and improve play space (24166): The opening of the upgraded Selwyn Reserve play space was celebrated in July providing school holiday fun with bubbles, face painting and a treasure hunt.

· Ōrākei Spine shared path - develop feeder links (17468): Construction was completed of the northern feeder link in conjunction with Section 2 of the Glen Innes to Tamaki Drive Shared Path and opened for the public on 25 May 2022.

· ANZAC Services Ōrākei (359): To ensure the veterans could still be honoured on ANZAC Day 2022 despite changing COVID-19 levels, the board produced a video that featured pictures and letters from local veterans read by students and youth.

· Waiatarua Reserve - action the Enhancement Plan renewals (28379): Waiatarua Wetland Reserve saw a renewal of pathways and its bridge in April 2022.

· The Landing Concept Plan (2013) refresh (3053): Consultation was undertaken on the proposed options for the Landing Concept Plan with 856 submissions received. Following a report that presented the consultation findings the board supported the inclusion of a central park like space, multipurpose buildings for club use, dedicated additional storage and a 'safe harbour' as part of The Landing. The board also resolved to further assess additional elements.

Changes to the local board work programme in quarter four

Activities with changes

· The following work programmes activities have had changes which were formally approved by the board.

Table 1: Work programmes change formally approved by the board

ID/Ref	Work Programme Name	Activity Name	Summary of Change	Resolution number
366	Customer and Community Services	Business Activations	In May, the local board approved the reallocation of $15,000 underspend budget with $10,000 of it going to the Business Activations budget to further fund Ellerslie Business Association Incorporated application LG2212-221: Ellerslie Fairy Festival and Ellerslie Santa Parade	OR/2022/55
350	Customer and Community Services	Placemaking: Neighbourhood development Ōrākei	In May, the local board approved the reallocation of $15,000 underspend budget with $5,000 of it going to the Placemaking: Neighbourhood development Ōrākei budget to the St Thomas's School Board of Trustees application LG2212-225: Bike and Pump Track	OR/2022/55
363	Customer and Community Services	Community Grants Ōrākei	In June, the grants budget had $23,331 remaining unallocated budget. The local board approved to allocate a further $7,000 to funding application LG2212-208: Ellerslie Sports Club Incorporated towards the upgrade of the Michaels Ave Community Centre ahead of 2023 FIFA Women’s World Cup	OR/2022/76
350	Customer and Community Services	Placemaking: Neighbourhood development Ōrākei	In June, the grants budget had $23,331 remaining budget unallocated. The local board approved a funding agreement of $15,000 to St Heliers Presbyterian Church under the community centre management agreement towards expanding storage capacity and supporting the transition of hire fee increases at the Glendowie Community Centre	OR/2022/76

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:

· Churchill Park - develop and enhance lookout site (28404): The Churchill Park lookout area saw a substantial upgrade. It was reformed and reshaped with a furniture upgrade.

· Pourewa Valley Integrated Plan – Programme Management FY22 (755): Progress was made in the implementation of the Pourewa Valley Integrated Plan with the establishment of the Nga Kaitiaki Hapori o Pourewa – The Community Guardians of Pourewa group of regular volunteers and community leaders, and mana whenua.

· Crossfield Reserve - general park renewals (30692): Completed works include minor roof refurbishment, flooring refurbishment, interior and exterior painting, replacement vandal proof plumbing fixtures, security alarm system, replacement signage and sports gear storage units.

· Madills Farm - renew toilets and changing rooms (26098): Completed works included installation of partitioning, replacement carpet tiles, re-painting, refurbished shower tiling, roof renewal and replacement plumbing fixtures.

· Tāhuna Tōrea shorebird habitat restoration (1449): The local board secured regional budget and resource consent for mangrove removal at Tāhuna Tōrea and is also working closely with the community to restore the shorebird bird roosting areas to ensure birds have safe access to roosting sites.

· Activation of parks, places and open spaces (13): Through the Out and About programme the board delivered over 30 local activation events in Ōrākei parks and green spaces attracting over 1400 participants.

· Ecological and environmental programme FY22 (762): Nearly 2,000 community volunteer hours contributed towards pest control, restoration work, rubbish clean-ups and community planting days at Waiatarua Reserve, Tahuna Torea Nature Reserve, Michaels Ave Reserve wetlands, Sonia Reserve, Churchill Park, Kepa Bush, Wharua Reserve and Anderson’s Beach Reserve, Churchill Park and Sonia Reserve . A collective total of over 3,500 plants were removed over this period.

· Ōrākei ecological restoration works (31001): Restoration works under the Ōrākei Forest restoration framework have been carried out at Andersons Beach Reserve, Grampian Road Retention Dam, Hobson Bay Walkway 1, Hobson Bay Walkway 2, Thomas Bloodworth Park and Shore Road Reserve, Lawry Reserve, Pamela Place Reserve, Maungarei Springs Wetland. These works include weed control and planting.

Overview of work programme performance

Customer and Community Services work programme

18. In the Customer and Community Services work programme, there are 38 activities that were completed or will be by end of June 2022 (green), three activities that are in progress but are delayed (amber), six activities that are significantly delayed, on hold or not delivered (red) and three activities that have been cancelled and deferred in the period April to June 2022 (grey). Activities with significant impact are discussed below:

Table 3: Customer and Community Services activities with significant impact

Activity name	RAG status	Activity status	Explanation and mitigation
CARRY FORWARD Ōrākei Community arts programmes	Red	In progress	The $10,000 toward the site scoping exercise for local public art opportunities was carried forward from FY2021. The project is underway with a contractor who whakapapa to Ngāti Whātua Ōrākei and Ngāti Pāoa. A workshop for local board input is expected in Q1 2022/2023. $10,000 has been requested to be carried forward for Te Matatini Kapa Haka Champions as the event was postponed for the second year due to COVID-19. Planning for this will begin in Q2 of 2022/2023.
Feasibility study – Ellerslie War Memorial Hall	Red	In progress	A local board workshop was held in quarter four to share examples of existing internal and external options for digital signage within libraries and some community places. The local board wants to further explore other options for digital signage which is not within the scope of this line and so it now sits with the Local Board Engagement Advisor to provide further advice.
CARRY FORWARD Ellerslie Sports Club Facility Development	Red	In progress	Construction continues with 55 per cent of stage one completed. Some delays have been experienced due to weather and COVID-19. Attempts to make up for the lost time will occur during the framing stage. The lower-level structure is complete and beams have been fitted to the upstairs which now provides a good sense of the scale of the project. The club is continuing its fundraising efforts so that stage two fit-out can follow stage one construction.
CARRY FORWARD Hakumau Reserve Concept Plan	Red	In progress	At a June 2022 workshop, the local board provided direction to postpone public consultation on the development of the Hakumau Reserve concept plan until after October 2022. In the interim, staff are proceeding with initial mana whenua engagement and preparing the draft consultation material which will be submitted to the local board for review and comment in 2022/2023.

Infrastructure and Environmental Services work programme

19. In the Infrastructure and Environmental Services work programme, there are two activities that were completed or will be by end of June 2022 (green) and seven activities that are in progress in the period April to June 2022 and will continue into the next financial year. There are no activities with significant impact.

Tātaki Auckland Unlimited work programme

20. In the Tātaki Auckland Unlimited work programme, there is only one activity and that was completed in quarter three.

21. 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 and will be reflected in the quarter one report for 2023.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23. 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

24. This report informs the Ōrākei 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

25. The local board is currently investing in projects that seek to deliver on the values of Māori empowerment, cultural enrichment, and partnership. These include:

· Diverse Participation: Age-friendly Ōrākei (351): Engage kuia and kaumatua support and guidance in the planning and delivery of the Ōrākei Volunteer Expo and Seniors Forum. The Seniors Forum was held on 5 July 2022 and the Ōrākei Volunteer Expo has been rescheduled to September 2022.

· Māori Responsiveness Ōrākei (354): Weekly Te Reo and Te Ao Māori sessions continued with facilitators selecting topics of interest for participants, Ōrākei Local Board members and staff. The last session was held at Ōrākei Marae, celebrating achievements in both Te Reo and tikanga acquisition as well as growing positive relationships with mana whenua.

· Pourewa Valley Integrated Plan Programme Management (755): The plan is based on an active partnership between the board and Ngāti Whātua Ōrākei.

· The Ōrākei sustainable schools moth plant competition (857): The competition is guided by the principles of kaitiakitanga, whanaungatanga, and pono. Ngāti Whātua Ōrākei staff organised te reo resources and native trees that were offered to each participating team.

Ngā ritenga ā-pūtea

Financial implications

26. This report is provided to enable the Ōrākei 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

27. Auckland Council (the 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 29 August 2022.

28. Due to these obligations the financial performance attached to this report is excluded from the public and is under confidential cover.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

31. 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 ⇩	Ōrākei Local Board 21/22 Q4 Work Programme Update	53
b ⇩	Ōrākei Local Board 21/22 Q4 Financial Report - Confidential

Ngā kaihaina

Signatories

Author	Ali Keiller – Local Board Advisor
Authoriser	Trina Thompson - Local Area Manager

No.	Title	Page
a ⇩	Standing Orders of the Ōrākei Local Board of the Auckland Council - Amended	91

Ōrākei Local Board

18 August 2022

Local Board Government Electoral Legislation Bill

File No.: CP2022/11723

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 (eg 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 Ōrākei 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 Chairman 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

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

ii) 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	103
b ⇩	Comparison of current Schedule 3 and proposed Schedule 3A	149

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Carol Hayward - Team Leader Operations and Policy

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

Local board feedback on the proposed Auckland Climate Grant programme 2022/2023

File No.: CP2022/12006

Te take mō te pūrongo

Purpose of the report

1. To seek local board feedback on the proposed new Auckland Climate Grant, including grant programme scope and criteria, priority action focus areas and timing of funding rounds.

Whakarāpopototanga matua

Executive summary

2. Budget for a climate grant programme was allocated through the 10-year Budget 2021-2031.

3. In 2021/2022 these additional funds were distributed through the existing Regional Environment and Natural Heritage grant while staff worked to establish a new grant scheme.

4. Staff have now developed a proposal for a new Auckland Climate Grant. This has been developed with feedback from mana whenua and community group stakeholders.

5. In 2022/2023 the Auckland Climate Grants programme has a budget of $400,000.

6. The purpose of the grant scheme is to support projects that will:

· reduce greenhouse gas emissions through community-based action

· build community resilience to climate change impacts

· support Māori-led responses to climate change

7. Key priority areas for funding for the grant in 2022/2023 have been identified, based on the priorities in Te Tāruke-ā-Tāwhiri and an analysis of other available grants. They are:

· Transport: Projects that support a low carbon and safe transport system.

· Built environment and Energy: Projects that support a built environment and energy system that provides for a low carbon, climate disaster resilient Auckland.

· Food: Projects that support a low carbon, resilient, local food system and enable Aucklanders to make sustainable and healthy food choices.

· Māori-led projects: Projects that build Māori capacity to respond to climate impacts and support mana whenua and mātāwaka to reduce emissions and build community resilience.

8. All local board feedback received by 26 August 2022 on the proposed Auckland Climate Grant will inform the recommendation to the Environment and Climate Change Committee.

9. The proposed Auckland Climate Grant will be presented to the Environment and Climate Change Committee for approval on 8 September 2022.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) provide feedback on the proposed Auckland Climate Grant.

Horopaki

Context

New funding for a climate grant scheme

10. Budget for a climate grant programme was allocated through the 10-Year Recovery Budget 2021-2031. The grant was intended to provide increased investment to support local community-based climate projects that would:

· reduce emissions

· increase community resilience to climate impacts

· generate more community-based climate action projects, reaching at least 20,000 Aucklanders over 10 years.

11. Previously support for regional sustainable living projects has been allocated through the Regional Environment and Natural Heritage (RENH) grant programme.

12. In 2020/2021 staff distributed the increased funding for community climate projects through the RENH. This allowed funds to be allocated rapidly to the community by December 2021, after the adoption of the Recovery Budget in July 2021.

13. While funds were being allocated in this fashion, staff carried out a review of the current processes used to distribute climate and sustainability grants through the RENH along with the other priorities it covers such as conservation, water quality and kaitiakitanga.

14. The review showed that there are various disadvantages to continuing to use the existing Regional Environmental and Natural Heritage Grant to distribute climate and sustainability projects. These include that the:

· the existing process covers many priorities with less clear guidance about what type of climate projects to fund than might be expected from a stand-alone climate grant

· assessment processes are more complex and time consuming for staff due to the wide range of priorities – they require various moderation and review workshops to ensure that grants are being compared fairly across the range of priority areas.

15. Staff determined that creating a stand-alone climate grant would provide a better experience for applicants and simplify and improve the grant assessment process.

Stocktake of existing grants and analysis of allocations

16. To develop a new climate grant, staff carried out a review of other grants that are available to fund projects which have climate outcomes. Grants identified include the:

· Regional Environment and Natural Heritage grant – provides funding for conservation projects

· Community Coordination and Facilitation grant – supports capacity building for conservation groups

· Waste Minimisation and Innovation Fund

· Love Food Hate Waste

· Auckland Transport Community Bike Fund

· Ngā Tiriti Ngangahau - The Vibrant Streets Programme

· local board grants to projects with climate outcomes.

17. Grants external to Auckland Council, such as those offered through Foundation North were also considered. This process aimed to avoid the grant ‘duplicating’ or ‘replacing’ other potential sources of funding for community groups.

18. Staff also analysed allocations from regional and local grants to over 200 projects with climate outcomes over the last five years. This review yielded insights into which areas the community are already active and working in (and seeking funding in). It also identified that some Aucklanders are being under-served by our current grants processes.

19. The proposed new climate grant aims to expand areas of community enthusiasm for climate action and to make the grant process more accessible to some under-served groups (including Māori, Pacific people, other diverse ethnic groups and youth-led organisations).

20. Three online workshops were also held to get feedback from community group stakeholders and previous grant applicants in May 2022.

Tātaritanga me ngā tohutohu

Analysis and advice

21. An outline of the proposed grant purpose, priorities, criteria, activities that are in scope and exclusions are provided below for local board members to review.

Proposed grant purpose

22. For the 2022/2023 pilot year the Auckland Climate Grant programme has a proposed purpose of supporting projects that:

· reduce greenhouse gas emissions through community-based action

· build community resilience to climate change impacts

· support Māori-led responses to climate change

23. The Auckland Climate Grant programme will support community projects focused on providing resources, education, and opportunities that result in more Aucklanders engaging with climate change issues. It will support Aucklanders to make behaviour changes in areas with the greatest greenhouse gas emissions reduction potential.

24. Projects that support reductions in greenhouse gas emission will be the focus for the 2022/2023 funding allocations with a target allocation of 70 per cent of grants. This allocation target will be reviewed annually. This 70 per cent may also include projects that are Māori-led (the purpose statements are not exclusive).

25. The Auckland Climate Grant programme will also support projects that build community resilience to respond to the impacts of climate change. Projects should focus on giving Aucklanders a voice in proactive community resilience planning and climate adaptation, particularly communities who will be the most vulnerable to climate impacts and have traditionally been under-served by the council.

26. By building stronger connections between neighbours and within neighbourhoods, at key community sites, and with community-based organisations, projects can create resilience against climate-related stresses with a focus on food and energy.

27. The Auckland Climate grant programme will also aim to support projects that enable mana whenua and mātāwaka to respond to climate change. The allocation of funding will recognise the partnership between the council and Māori-led organisations – particularly mana whenua in the council’s role as a partner under Te Tiriti o Waitangi.

Scope and criteria

28. Projects supported through the Auckland Climate Grant programme should meet one or more of the following criteria:

· result in new or expanded climate action activity, either by implementing new initiatives, or by significantly expanding the scope or coverage of existing activities

· support mana whenua and mātāwaka to reduce carbon emissions and build community resilience to climate related impacts

· provide support and resources to Māori organisations and community groups to build organisational capacity and capability, develop strategic plans and develop sustainable funding models, increasing the total funding or support secured for climate projects in Auckland

· increase participation in climate action activity in high emission communities (generally, higher income communities) targeting the highest emitting behaviours

· increase participation in activities that build community resilience in under-served communities who most need our support to respond to climate impacts

· support Aucklanders of different ages, abilities and ethnicities to take climate action.

Climate action priority areas

29. Projects supported through the climate grant may address a wide range of the priorities included in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan including built environment, energy, transport, communities and coast, food, and Te Puawaitanga ō te Tātai.

30. For the 2022/2023 pilot year priority will be given to applications under the transport, energy and food themes and to Māori-led projects. This will include:

· Transport: Projects that support a low carbon, safe transport system that delivers social, economic and health benefits for all.

· Food: Projects that support a low carbon, resilient, local food system that provides all Aucklanders with access to fresh, sustainable, affordable and healthy food and projects that support Aucklanders to make sustainable dietary choices.

· Energy: Projects that support a built environment and energy system that provides for a low carbon, climate disaster resilient Auckland.

· Māori-led projects: Projects building Māori capacity to respond to climate change and supporting mana whenua and mātāwaka to reduce emissions and build community resilience.

31. Some projects that support other priorities in the plan may also be funded. These include:

· Built environment: Projects that support a low carbon and resilient built environment.

· Communities: Projects that support communities to increase awareness of climate change and to prepare for changes in our climate and coastline and projects that support Aucklanders to understand their carbon footprints and changes they can made to reduce these.

32. Applicants will be directed for future guidance on what types of activities to support through these priorities to Auckland Council’s Live Lightly website, which provides advice and information for individuals and community groups on climate change: https://livelightly.nz/

33. Priority areas will be updated on an annual basis.

Exclusions

34. General grant programme exclusions outlined in the Community Grants policy will apply to the Auckland Climate Grants. In addition, specific exclusions for the Auckland Climate Grants programme are:

· climate action projects focused on the natural environment, industry and the economy are out of scope for the Auckland Climate Grant programme – this will avoid duplication with other funds such as the RENH and Climate Connect, the new climate innovation hub being developed by Tātaki Auckland Unlimited

· projects with a focus on the circular economy, food waste, composting, upcycling, recycling, repair and reuse should apply through the Waste Minimisation and Innovation Fund

· activities whose primary purpose is the private gain or advancing of private business interests without a significant public good component

· purchase of vehicles and any related ongoing maintenance, repair, overhead costs or road user charges

· conference fees and costs

· funding for existing roles or organisational costs

· subscription services where these are ongoing and not associated with a specific event or outcome

· replication of council services

· websites and electronic platforms.

Applicants

35. The grant will be open to community groups, neighbourhoods, mana whenua and mātāwaka applicants, social enterprises, businesses, business improvement districts and education providers (early childhood centres, schools, kura and tertiary institutions).

36. Staff propose to hold several response grants rounds which are intended to make the application process quicker, simpler and easier for community groups and increase the volume of successful applications from under-served groups.

Types of grants available

37. Grants from $1,000 up to $50,000 will be offered, with both response grants and strategic grants available as shown in Table 1 below.

Response grants ($1,000 - $15,000)

38. These grants seek to grow community participation in climate action, and amplify existing community action, particularly among under-served communities such as youth, Pacific peoples and Māori-led groups.

39. Applications will be encouraged from groups that have not previously engaged with climate action activity or are rapidly building capacity in this area.

40. Staff propose that for these smaller grants, allocation decisions will be made by the General Manager of Environmental Services.

Strategic grants ($15,000 – $50,000)

41. These grants seek to support programmes and activities aligning with the Auckland Climate Grant purpose, scope and priority actions. Strategic grants will be expected to have more significant impacts than response grants. They could potentially be used to either expand best practise projects or develop innovative new responses to the climate challenge.

42. Staff propose that allocation decisions for strategic grants could be made by the Environment and Climate Change Committee (or equivalent committee) in future years.

43. In 2022, because of the timing of the proposed grant adoption decision in early September, staff propose that decision-making for the strategic grant be delegated to the General Manager Environmental Services for this year. This will provide continuity of funding for community groups by December 2022.

44. If grants are approved by a committee of council, it will not be possible for them to be allocated to community groups until May 2023 due to the timing of the election and the Christmas and New Year holidays.

Table 1. Timing of grants rounds

	Open	Close	Decision date
Response grants	September 2022 February 2023 April 2023	October 2022 March 2023 May 2023	November 2022 April 2023 June 2023
Strategic grants	September 2022	October 2022	December 2022

Open

Close

Decision date

Response grants

September 2022

February 2023

April 2023

October 2022

March 2023

May 2023

November 2022

April 2023

June 2023

Strategic grants

September 2022

October 2022

December 2022

Tauākī whakaaweawe āhuarangi

Climate impact statement

45. The Auckland Climate Grant will support projects that lead to community climate change action to reduce carbon emissions and increase community resilience to climate impacts. The provision of grants through the Auckland Climate Grant programme contributes towards Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan action area C4: Remove barriers and support community initiatives that reduce emissions and build resilience in a fair way.

46. Individual projects supported through the Auckland Climate Grant programme may respond to a range of action areas within Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan including:

· Action area T3: Increase access to bicycles, micro-mobility devices and the safe, connected and dedicated infrastructure that supports their use.

· Action area C1: Work together to strengthen the resilience of our communities, people and places.

· Action area F4: Increase supply and demand for local, seasonal and low carbon food.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

47. The Auckland Climate Grants may potentially impact work within the Waste Solutions and Customer and Community Services departments, and the existing support provided to community-led food initiatives. Input from the Waste Solutions department and Regional Service Planning, Investment and Partnerships team within Customer and Community Services was sought during the development of the Auckland Climate Grant and their views on relevant applications will be sought during the delivery of the 2022/2023 pilot grant rounds.

48. The Auckland Climate Grants support of community-led transport initiatives may have an impact on Auckland Transport. Input from Auckland Transport was sought during the Auckland Climate Grant development and their views on relevant applications will be sought during the delivery of the 2022/2023 pilot grant rounds.

49. Input into the Auckland Climate Grant was sought from Tātaki Auckland Unlimited. These grants will not overlap with support provided through Climate Connect and there is no impact on Tātaki Auckland Unlimited.

50. The Environment Climate Committee decision is not a strategy, bylaw, policy or plan so the local board’s feedback can be made under delegated authority if needed (Local Government Act 2022, sch7 clause 36D (1) (a)).

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

Local impacts and local board views

51. Equitable geographical distribution of grant allocations across different local board areas will be considered alongside other factors when setting funding recommendations for the Auckland Climate Grants.

52. Information on funding allocation and successful applicants will be provided to all relevant local boards following the approval of grant recommendations by the General Manager Environmental Services or Environment and Climate Change Committee.

53. Local boards have the ability to operate their own local grants programmes and may choose to fund local climate action projects and activities, some of which may complement the grants provided at a regional level, or vice versa.

54. Local board views are being sought on the proposal to establish the Auckland Climate Grant programme. Local board feedback will inform the recommendation to the Environment and Climate Change Committee on 8 September 2022.

Tauākī whakaaweawe Māori

Māori impact statement

55. Staff presented to the Infrastructure and Environmental Services Mana Whenua Hui seeking feedback from mana whenua kaitiaki representatives on aspects of the grant development.

56. Key feedback points included the need for the grant process to be easy and accessible to mana whenua organisations and for the grants to build capacity of mana whenua to respond to climate change.

57. From December 2021 to March 2022, Māori specialists in the Community Climate Action team also met with each of the 19 iwi to seek their feedback on climate priorities that they would like to see advanced through the sustainable and resilient marae project. Feedback from mana whenua through this process has informed the priorities identified in the grant scheme, particularly in relation to Māori-led climate action.

Ngā ritenga ā-pūtea

Financial implications

58. Budget for the Auckland Climate Grants was allocated through the 10-year Recovery Budget 2021-2031. For 2022/2023 financial year there is $300,000 available for allocation.

59. As climate projects had historically been supported through the Regional Environment and Natural Heritage (RENH) grant programme, $100,000 from the RENH grant budget will be used to support grant allocations through the Auckland Climate grant.

60. Grant allocations through the Auckland Climate grant response and strategic grant rounds will be managed within the $400,000 total grant budget. The majority of funds will be allocated through the strategic grants round.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

61. A risk assessment has only identified two low level risks associated with the adoption of the Auckland Climate Grant programme. These are listed below along with the mitigations:

· Low reputational risk – applicants may query the grant scope, priorities and decision making and feel these are inconsistent or unfair. This risk is mitigated through the grant development process seeking community input and the transparent evaluation and assessment process applied to guide decision making.

· Low financial risk – insufficient applications of sufficiently high quality will be received to fully allocate available funds. This risk is mitigated through grant programme promotion and applicant support. Support with the application process will be available from Auckland Council staff and community contractors involved with delivery of other areas of the Community Climate Action Team local and regional work programme.

62. Once grant allocation decisions are made, staff will maintain regular contact with grant recipients during project implementation to follow up on progress and make sure any risks of individual projects are properly addressed.

Ngā koringa ā-muri

Next steps

63. All local board feedback received by 26 August 2022 on the proposed Auckland Climate Grant will be considered before an updated version is presented to committee.

64. Staff will present the proposed Auckland Climate Grant to Environment and Climate Change Committee for approval on 8 September 2022.

65. Once guidelines for the Auckland Climate Grant have been approved, staff will start the promotion and delivery of 2022/2023 Auckland Climate Grant funding rounds.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Emma Cowie-Dixon - Principal Advisor

Jacob van der Poel - Advisor Operations and Policy

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

Ōrākei Local Board

18 August 2022

Urgent Decision - Ōrākei Local Board feedback on the Water Services Entities Bill

File No.: CP2022/09749

Te take mō te pūrongo

Purpose of the report

1. To report to the Ōrākei Local Board the urgent decision to provide the Board’s feedback on the Water Services Entities Bill to be included in Auckland Council’s submission.

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 close 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 introduced last week.

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 to develop a Auckland Council submission on the Water Services Entities Bill, consistent with the Governing Body resolutions from the 23 September 2021 meeting and the Mayor’s Minority Report. The Governing Body report can be found here (item 9).

8. Local board input into that submission is being sought, with a deadline of 18 July 2022 for feedback to be considered in the council’s submission or 19 July 2022 for feedback to be appended. A draft submission is being prepared by staff and will be shared with local boards on 15 July 2022.

9. Strategic Advice staff will lead the development of the council’s submission which is due to the by 22 July 2022.

10. The board’s feedback on the Water Services Entities Bill is attached in this report (Attachment A) and a copy of the Urgent Decision memo (Attachment B)

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) note the urgent decision to approve the Ōrākei Local Board feedback (Attachment A to the Agenda Report) to the Governing Body on the Water Services Entities Bill/

Ngā tāpirihanga

Attachments