Agenda of Waitematā Local Board - Tuesday, 16 August 2022

No.	Title	Page
a ⇩	Ward Councillor P Coom Report August 2022	9

Waitematā Local Board

16 August 2022

Auckland Council's Quarterly Performance Report: Waitematā Local Board for quarter four 2021/2022

File No.: CP2022/11664

Te take mō te pūrongo

Purpose of the report

1. To provide the Waitematā 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 quarter four performance for the Waitematā 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 Waitematā Local Board Plan outcomes.

3. Within the agreed work programmes, 118 activities were delivered including multi-year projects that have progressed as expected. Six activities were not delivered, cancelled, put on hold, or deferred, and four multi-year projects/activities have not progressed as expected during 2021/2022.

4. The Waitematā Local Board work programme updates for quarter four can be found in Attachment A of this report.

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

· Q2 - ID 16664: Highwic House – Renew Roads & Car parks

· Q2 - ID 20508: Home Reserve – Renew Playspace

· Q2 - ID 18237: Outhwaite Park – Renew Playspace & Carpark

· Q3 - ID 29165: Parnell Baths – Renewals

· Q3 - ID 18264: Pt Erin Pools – Renewals

· Q3 - ID 26100: Waitematā - Auckland Urban Forest (Ngahere) Strategy Planting

· Q4 - ID 15111: Central Library – Roof Remediation

· Q4 - ID 20686: Symonds Street Toilets – Renewal

· Q4 - ID 15395: Cox’s Bay to Wharf Road Greenway - Renewal

6. Key activities not progressed as expected, with potential for carry forward:

· ID 543: Māori Responsiveness

· ID 536: Arts & Culture Regional Work Programme

· ID 849: Te Kete Rukuruku Tranche 1

· ID 539: Community Placemaking

7. In the 2021/2022 work programme, the board allocated $26,000 to ID 536 Arts & Culture Regional Work Programme towards investigating existing monuments in the board area in consultation with mana whenua. This budget remains unspent, and the local board has indicated that it wants to reallocate this budget towards another activity that delivers on Māori outcomes for the local board area.

8. Approved budgets of unfinished activities will be carried forward into 2022/2023 work programmes.

9. 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 Waitematā Local Board:

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

b) approve the re-allocation of $26,000 - ID 536: Arts and Culture Regional Work Programme towards commissioning a Waitematā action plan to develop and foster relationships between the Waitematā Local Board and mana whenua iwi at the governance level.

c) note the financial performance in Attachment B of the agenda report will remain confidential until the Auckland Council Group results are released to the NZX – on or about 29 August 2022, due to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H.

Horopaki

Context

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

· Customer and Community Services;

· Infrastructure and Environmental Services;

· External Partnerships;

· Auckland Emergency Management;

· Tātaki Auckland Unlimited.

11. 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 Chart, bar chart

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COVID-19 restrictions

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

13. 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 many 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.

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

15. 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

16. 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/merged (grey).

Graph 2: Work programme performance by RAG status

Chart, pie chart

Description automatically generated

17. The graph below shows the stage of the activities in each departments’ 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, bar chart

Description automatically generated

Key activity updates from quarter four

18. ID 555: Waitematā Community Grants: 26 applications were received for Local Grants Round Two 2021/2022 requesting a total of $181,828.28 and nine applications for Multi-board Local Grants Round Two 2021/2022 requesting a total of $367,592.17. The local board allocated $74,800 to the Local Grant and Multi-board grant Round Two 2021/2022. Fifteen applications were received for Quick Response Grant Round Two 2021/2022, requesting a total of $36,726.01. All the remaining funding, totaling $15,982.20, was allocated. A total of $150,000.00 was granted for 2021/2022 across local, multi-board, and quick response grant rounds one and two.

19. ID 556: Waitematā Accommodation Grants: 28 eligible applications were received for the Accommodation Support Fund 2021/2022, requesting a total of $357,793.04. A total of $125,000.00 was granted.

20. NEW Bike Hub Queen’s Wharf: The Queens Wharf Bike Hub opened to the public on 21 April 2022 through a well-attended launch event. Since the launch, the bike hub has been open for 216 hours over 32 days, in line with its agreed opening hours of Thursday to Sunday, 10am to 4pm. Overall the hub has had 632 visitors, with 106 bikes fixed, ten bikes gifted or sold at low cost to the community and eight donated bikes received. These are positive results for a bike hub in its first three months. From April to July 2022, the focus of this programme was to establish operations at the bike hub. From July to December 2022, more active promotion of the site will be carried out to encourage visitors.

21. ID 20410: Bayfield Park Stormwater Pipe Remediation: The Bayfield Park Stream stormwater pipe has been daylighted to provide greater ecological benefit to the area and to improve stormwater management outcomes.

22. ID 15395: Cox’s Bay to Wharf Road Greenway: Construction of renewed pedestrian bridges, concrete pathways and boardwalk structures aligning to the local board greenways plan was completed. Additional consideration being given to accessibility upgrades from Hukanui Reserve and Parawai Crescent into Bayfield Reserve, to be explored in future work programming.

23. ID 15111: Central Library Roof Remediation: The roof remediation project was completed in May. Physical works delivery continues across FY23 and FY24 for other parts of the comprehensive Central Library building renewals.

24. ID 29510: Sports Field Renewals: Works completed under the FY2021/2022 work programme include the renewal of artificial turf and cricket nets at Victoria Park and sports lighting and fencing at Seddon fields. Works currently underway include the renewal of the 2.5 artificial turf fields at Seddon Fields which is expected to be completed before the end of August 2022 (original programme impacted due to material shipping delays).

Key activity achievements from the 2021/2022 work programme

25. The complete work programme as at quarter four can be found in Attachment A of this report, however key achievements delivered and progressed from the local board work programmes for 2021/2022 include:

· Delivery of diverse programming to support vulnerable communities (ID 548)

· Extension of hours of library services and programming for Grey Lynn and Central City Library (ID 1389)

· Delivery of 191 volunteer hours in the ecological and environmental programme (ID 1220)

· Completion of Home Reserve and play space renewal (ID 20508)

· Completion of Weona Westmere area tree planting (ID 26100)

· Renewal of Outhwaite Park Playspace and Park (ID 18237)

· Establishment of Piki Toi programme (ID 543)

· Comprehensive renewal of Pt Erin Pool (ID 2549)

· Renewal Victoria Street Pathways (ID 19072)

· Renewal of roads and car park at Highwic House (ID 2,932)

· Increased membership and participation in the Climate Action Network (ID 870)

· Renewal of the Grey Lynn Park padding pool (ID 30695)

· Renewal of Parawai access to Cox’s Bay Reserve (19072)

· Pt Erin Pool general renewals (ID 18264)

· Central Library comprehensive renewals (ID 20438)

· Myers Park Caretakers Cottage and shed renewal and restoration (ID 19166)

· Cox's Bay to Wharf Rd Greenway - pedestrian bridges and pathways (ID 15395)

· Good Citizens Awards Waitematā (ID 1465)

· Waipapa Stream restoration (ID 846)

· Climate Action Network Waitematā (ID 870)

· Young Enterprise Scheme (ID 1487)

· Queen’s Wharf Bike Hub (ID NEW)

· Symonds St Cemetery monument conservation (ID 11)

· Open space & building renewals for Grey Lynn Community Centre, Ponsonby Community Centre, and Pt Erin Park toilets (ID 29155)

· Central Library – replace level 3 toilet (ID 23785)

· Symonds St heritage toilets renewal (ID 20686)

· Tepid Baths interior renewals (ID 28637)

· Parks Improvements Projects (ID 16131)

· Water Features renewals (ID 28635)

· Waitematā Urban Forest Restoration (ID 24477)

· Victoria Park pavilion renewals (ID 30697)

· Waitematā Auckland Urban Forest (Ngahere) Strategy - Growing Phase (ID 26100)

· Open Space Structure Renewals (ID 19076)

Overview of work programme performance

Customer and Community Services work programme

26. In the Customer and Community Services work programme, there are 47 activities that were completed by the end of the year or will be by end of June 2022 (green), 51 activities that are in progress, 7 activities that are in progress but are delayed (amber), 3 activities that are significantly delayed, on hold or not delivered (red), and 2 activities that have been cancelled or deferred in the period April to June 2022 (grey). Activities with significant delay are discussed below:

Table: Customer and Community Services activities with significant impact, or cancelled

Activity name	RAG status	Activity status	Explanation and mitigation
ID 708 Waitematā Amenities Service Assessment	Red	In Progress	This project has been impacted by COVID-19 restrictions and these delays have prevented this project from being completed in 2021/2022. This project is intended to be carried forward into 2022/2023 for completion. There is no local board budget associated with this line item as no budget is required.
ID 536 Arts and culture regional work programme information and updates	Red	Not Delivered	$26,000 LDI within ID 536 Arts and Culture Regional Work Programme included work to investigate the place and profile of existing monuments in the board area in consultation with mana whenua. 14 iwi with customary rights within the Waitematā Local Board area were contacted but this engagement received a low response rate. This budget remains unspent and is included as a potential carry-forward in the draft Work Programme for 2022/2023. It is recommended to reallocate this budget towards commissioning a Waitematā action plan to develop and foster relationships between the Waitematā Local Board and mana whenua iwi at the governance level.
ID 552 Event Partnership Fund	Red	Not Delivered	All planned events under this programme were impacted by COVID-19 restrictions and did not proceed. Budget was re-allocated, refunded, or carried forward into 2022/2023 for future events (WTM/2022/63).
ID 554 Parnell Festival of Roses	Grey	Cancelled	Due to COVID-19 restrictions this event was cancelled in 2021/2022.
ID 19069 Open Space Fixtures Renewals	Grey	Cancelled	This line item was merged with ID 19070 Open Space Renewals. This work is complete.

27. Staff have identified $26,000 budgeted in the 2021/2022 work programme for ID 536 Arts and culture regional work programme information and updates that remains unspent and is able to be reallocated to deliver Māori outcomes in 2022/2023 financial year.

28. At the workshop on 31 May 2022, the Waitematā Local Board indicated its support to investigate reallocating LDI budget towards establishing a project to procure professional services to progress Māori outcomes for the local board area.

29. Staff propose that the local board commission a Waitematā action plan to develop and foster relationships between the Waitematā Local Board and mana whenua iwi at the governance level.

30. A workshop was held with the local board on 9 August 2022 to further discuss the scope and outcomes of the proposed project.

31. The purpose of this project is to work together in the spirit of partnership to innovatively improve the Waitematā Local Board relationships with mana whenua at the governance level and to increase Māori input into local board decision-making.

32. The action plan is intended to be informed by mana whenua to influence and drive future local board engagement and relationships, decision-making, systems and processes design, and capability and capacity building.

33. The key outcomes of the project are aligned with Kia Ora Tāmaki Makaurau and include:

- Effective Māori Participation – Local board members actively engage with mana whenua and enable their participation in decision making.

- An Empowered Organisation – Local board members’ grow their understanding of te ao Māori and what is important to mana whenua iwi and are capable of identifying outcomes and benefits for and with Māori.

34. The key activities to deliver on these outcomes are:

- Identify opportunities to increase the number of conversations at the governance level

- Support the local board to identify opportunities to partner with Māori on shared goals as the local board develops their work programmes and plans

- Lead and coordinate governance and direction setting discussions within the local board and staff in relation to advancing mana whenua aspirations

- Identify development training to grow the local board’s te Ao Māori understanding and actions

35. This activity aligns with the Waitematā Local Board Plan 2020 outcome -Māori are empowered, and their identity and culture is visible, Auckland Plan 2050 outcome -Māori Identity and Wellbeing, and Kia Ora Tāmaki Makaurau Māori outcomes performance measurement framework priorities - Effective Māori Participation and An Empowered Organisation.

36. Re-allocating the funding for ID 536 to a new project means that the investigation of existing monuments located in the Waitematā Local Board area will not be delivered in future years unless new budget is allocated.

Infrastructure and Environmental Services work programme

37. In the Infrastructure and Environmental Services work programme, there is 1 activity that was completed by the end of the year or will be by end of June 2022 (green), eleven activities that are in progress, 1 activity that is in progress but is delayed (amber), and 1 activity that has been cancelled or deferred in the period April to June 2022 (grey).

Table: Infrastructure and Environmental Services activities with significant impact, or cancelled

Activity name	RAG status	Activity status	Explanation and mitigation
ID 882 Regenerative Urban Farm	Grey	Cancelled	This project was cancelled, and its budget reallocated to other work programme lines (WTM/2021/299). Parks, Sports, & Recreation are now progressing this line item.

Auckland Emergency Management work programme

38. In the Auckland Emergency Management work programme, there are 2 activities in progress, and 1 activity that is in progress but is delayed (amber) in the period April to June 2022. There are no activities with significant impact.

External Partnerships

39. In the External Partnerships work programme, there is 1 activity that was completed by the end of the year or will be by end of June 2022 (green), and there are no activities with significant impact.

Tātaki Auckland Unlimited work programme

40. In the Tātaki Auckland Unlimited work programme, there is 1 activity that was completed by the end of the year or will be by end of June 2022 (green), and 1 activity that is in progress in the period April to June 2022. There are no activities with significant impact.

Deferred activities

41. 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 their status will be reported in the quarter one Performance Report 2022/2023. Currently these projects are:

· ID 543: Māori Responsiveness: $36,000 is identified as a potential carry-forward from previous years 2021/2022, and 2020/2021. Delays to this programme relate to the completion of the rohe stocktake report which reports on the number of Māori organisations within Waitematā, and the annual hui which has been impacted by capacity issues across community groups, organisations, and stakeholders.

· ID 536: Arts & Culture Regional Work Programme: $26,000 is identified as a potential carry-forward from previous year 2021/2022. Delays to this programme are the result of low engagement with mana whenua iwi in relation to the monuments review. 14 iwi with customary rights of the area were contacted for feedback and engagement but this process received a low response rate. Staff recommend this budget be re-allocated.

· ID 849: Te Kete Rukuruku Tranche One: $23,000 is identified as a potential carry-forward from 2021/2022. Delays to this programme are the result of both COVID-19 restrictions preventing engagement activity from occurring, along with delays in agreement with iwi on naming principles and process for the local area.

· ID 539: Community Placemaking: $4000 is identified as a potential carry-forward from 2020/2021. This money was unspent during delivery of this programme line due to capacity issues and is intended to be spent during programme delivery for 2022/2023.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

· ID 885: Waitematā Waste Away

· ID 862: Climate Action Activator Waitematā

· ID 870: Climate Action Network Waitematā

· ID 871: Low-Carbon Lifestyles Waitematā

· ID 674: WTM: Urban Ngahere - Growing FY22

· ID 852: Te Wai Ōrea lake and wetland restoration

· ID 851: Waipāruru stream restoration

· ID 846: Waipapa Stream restoration

· ID 850: Waitītiko / Meola Creek restoration - Waitematā

· ID 853: Newmarket / Middleton stream restoration – Waitematā

· ID 882: Regenerative urban farm and healthy sustainable diet engagement programme

· ID 1220: WTM: ecological and environmental programme FY22

· ID 1604: Community emergency resilience programme - Waitematā

· ID 1605: Business emergency resilience programme – Waitematā

· ID 2929: Cox’s Bay to Wharf Rd Greenway – renew pedestrian bridges and pathways

· ID 2942: Open space lighting - renew - 2021/2022 – Waitematā

· ID 2974: Waitematā - urban forest restoration (Ecological contract contribution)

· ID 2976: Waitematā - deliver agrichemical free parks

· ID 3311: Central library living roof

· NEW Bike Hub - Queens Wharf

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

44. 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

45. This report informs the Waitematā Local Board of the performance for quarter four 1 April to 30 June 2022 and the overall performance for the 2021/2022 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

46. The Waitematā Local Board Local Board Plan 2020 acknowledges and celebrates its commitment to te ao Māori by incorporating and delivering on initiatives which enhance these values and relationships.

47. As reflected in the Local Board Plan: Outcome 1, the local board aspires that Māori are empowered, and their identity and culture is visible. The local board aims to celebrate and showcase Māori culture and grow respectful and reciprocal partnerships to ensure te ao Māori is embedded in decision making.

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

· ID 543: Māori Responsiveness: Identify opportunities to work with mana whenua and mataawaka to increase responsiveness to local Māori priorities and aspirations, building and fostering relationships and sharing information including supporting an annual hui.

· ID 544: Apply the Empowered Communities Approach: Respond to the aspirations of mana whenua, mataawaka, marae and Māori organisations in conjunction with local board Māori responsiveness activities.

· ID 1390: Whakatipu i te reo Māori (Libraries): Kapa Korero at Grey Lynn Library restarted. After Kapa korero was cancelled due to staff sickness a customer organised a successful session themselves. Waitematā local board libraries shared Matariki celebrations throughout social media and displays. Grey Lynn organised a Storytime and invited along the local schools. Newton Central Kapa haka group came along, and the head teacher commented “they loved the collaboration with the library and community.” During the last quarter Chloë, Leys Institute Library Manager commenced EP Te ao Māori for professionals. The course covers some basic Te Reo Māori, Tikanga and important cultural events and practices in online self-directed modules.

Ngā ritenga ā-pūtea

Financial implications

49. This report is provided to enable the Waitematā Local Board to monitor the organisation’s progress and performance in delivering the 2021/2022 work programme.

50. Staff have identified $26,000 budgeted in the 2021/2022 work programme for ID 536 Arts and culture regional work programme information and updates, that remains unspent and is able to be reallocated to deliver Māori outcomes in 2022/2023 financial year.

51. Staff propose to reallocate this budget towards commissioning a Waitematā action plan to develop and foster relationships between the Waitematā Local Board and mana whenua iwi at the governance level.

52. If the local board reallocates the funding for ID 536 to a new project, the budget must be spent by 30 June 2023. The re-allocated funding cannot be carried forward a second time and this may impact on the delivery of the project and may require additional funding.

53. Re-allocating the funding for ID 536 to a new project means that the investigation of existing monuments in the Waitematā Local Board area will not be delivered in future years unless new budget is allocated.

Financial Performance

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

55. Due to these obligations the financial performance attached to the quarterly report is under confidential cover.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

58. Deferral of budgets of unfinished activities will be added into 2022/2023 work programmes by the time of the quarter one Performance Report 2022/2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waitematā Local Board - 1 April to 30 June 2022 Work Programme Update	43
b ⇩	Waitematā Local Board - Operation Performance Financial Summary - Confidential

Ngā kaihaina

Signatories

Author	Nick Palmisano - Local Board Advisor
Authoriser	Trina Thompson - Local Area Manager

Waitematā Local Board

16 August 2022

Proposed new community leases at Francis Reserve, 4 Warnock Street, Grey Lynn.

File No.: CP2022/11379

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant new community leases for the various office spaces at Francis Reserve 4 Warnock Street, Grey Lynn to:

· Auckland Women’s Refuge Incorporated

· Asylum Seekers Support Trust

· Doctors for Sexual Abuse Care Incorporated

· The Inner-City Women's Group Incorporated

· Nurture People Trust

Whakarāpopototanga matua

Executive summary

2. The Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated and The Inner-City Women’s Group Incorporated currently hold leases for the various office spaces in the council-owned building at Francis Reserve, 4 Warnock Street, Grey Lynn, which reached final expiry on 31 July 2021.

3. The leases are holding over on a month-by-month basis until terminated or a new lease is granted. Hence the groups are seeking new community leases to continue occupation and operations.

4. The new leases were identified and approved by the Waitematā Local Board as part of the Community Facilities: Community Leases Work Programme 2021/2022 at their 15 June 2021 local board meeting (resolution WTM/2021/128).

5. As these are two council-owned buildings, 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.

6. However, if the incumbent group is needed in the area and the group is performing well, the local board has the discretion to grant a new lease to the group without undergoing an expression of interest process.

7. At a workshop held on 8 March 2022 the local board indicated its support to grant leases to the Auckland Women’s Refuge Incorporated and Asylum Seekers Support Trust of their respective spaces due to 4 Warnock Street being a strategic location for these two groups and provided direction that an expression of interest should be undertaken for the remaining spaces.

8. The Asylum Seekers Support Trust currently lease two office spaces at the site but after discussions with Leasing staff, they will be freeing up one of the office spaces they currently use to store resources by storing these offsite. This will make available the office space resulting in a total of five office spaces across the two buildings available for lease.

9. Staff undertook an expressions of interest process for the five vacant office spaces. The office rooms range in sizes from 14 to 24sqm more or less.

10. After the completion of the expression of interest process, one additional applicant as well as the existing groups/tenants - Doctors for Sexual Abuse Care Incorporated; The Inner City Women’s Group Incorporated; Auckland Women’s Refuge Incorporated and Asylum Seekers Support Trust were received. The additional applicant is The Nurture People’s Trust who also stood out in some of the criteria that the council assessed the group on. These included open membership; references provided; building size, configuration and location meets their needs; willingness and ability to share the space.

11. All groups provide education, mentoring and programmes to the community and agencies in the field of sexual assault/abuse; support for asylum seekers; family violence and parenting. These activities align with the local board plan outcomes.

12. All groups have provided the required information including financials, showing that they have sufficient funds, and they are being managed appropriately. The groups have all the necessary insurance cover, including public liability insurance, in place.

13. A site visit has been undertaken by staff and the office spaces are well maintained.

14. A community outcomes plan will be prepared with each group and will be attached as a schedule to the lease.

15. The land is legally described as Part Lot 5 DP 13596 and is held in fee simple by Auckland council under the Local Government Act 2002, requiring public notification and iwi consultation.

16. Iwi consultation was completed, and no objections were received

17. Council staff from within the community facilities operational management and maintenance; parks, and community empowerment teams have been consulted. They are supportive of the proposed leases as it will delivery positive outcomes for the community.

18. This report recommends four new community leases be granted to Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated and The Inner-City Women’s Group Incorporated for a term of five (5) years from the 15 August 2022 with one five (5) year right of renewal.

19. This report recommends a new community lease to Nurture People’s Trust for a term of one (1) year from the 15 August 2022 with one (1) year right of renewal.

20. If the local board decides to grant the leases, staff will publicly notify this decision under the Local Government Act 2002. Should there be submissions a hearings process will be set up with the board to resolve these. Upon the completion of these, staff will then work with the lessee to finalise the lease agreements.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a) grant, new community leases to Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated and The Inner City Women’s Group Incorporated for areas comprising approximately 15m² to 25m² respectively located at Francis Reserve, 4 Warnock Street, Grey Lynn on the land legally described as Part Lot 5 DP 13596 (as per Attachment A – Site Plan), subject to the following terms and conditions:

i) term – five (5) years, commencing date 15 August 2022, with one five (5) year right of renewal

ii) rent – $500.00 plus GST per annum per group

iii) operational charge - $375 plus GST per annum for approximately 15m2 for Auckland Women’s Refuge Incorporated

iv) operational charge - $375 plus GST per annum for approximately 15m2 for Asylum Seekers Support Trust

v) operational charge - $625 plus GST per annum for approximately 25m2 for Doctors for Sexual Abuse Care Incorporated

vi) operational charge - $375 plus GST per annum for approximately 15m2 for Inner City Women’s Group Incorporated

b) grant, a new community lease to the Nurture People Trust for an area comprising approximately 15m² located at Francis Reserve, 4 Warnock Street, Grey Lynn on the land legally described as Part Lot 5 DP 13596 (as per Attachment A – Site Plan), subject to the following terms and conditions:

vii) term – 1 years, commencing date month year, with one 1 year right of renewal

viii) rent – $500.00 plus GST per annum

ix) operational charge - $375 plus GST per annum

c) note that Community Outcomes Plans be prepared; approved by the Waitemata Local Board and appended to the lease as a schedule of the lease agreements.

d) note that the community leases are approved in accordance with all other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012 and Local Government Act 2002.

e) note that approval of the new leases at Francis Reserve, 4 Warnock Street, Grey Lynn is subject to public notification under the Local Government Act 2002.

f) appoint a hearings panel to consider any objections received through the public notification process in relation to granting the community leases at Francis Reserve, 4 Warnock Street, Grey Lynn.

Horopaki

Context

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

22. The Waitematā Local Board approved the Community Facilities: Community Leases Work Programme 2021-2022 at their local board meeting on 15 June 2021 (resolution WTM/2021/128).

23. The progression of leases for the office spaces at Francis Reserve, 4 Warnock Street, Grey Lynn were part of the approved work programme.

Land, buildings, and lease

24. The land is located at Francis Reserve, 4 Warnock Street, Grey Lynn (refer to Attachment A Site Plan). The land is legally described as Part Lot 5 DP 13596 and held in fee simple by Auckland Council under the Local Government Act 2002)

25. A subsidised operational cost for council owned buildings is charged to the lessee.

26. Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated, The Inner City Women’s Group Incorporated currently hold community leases for the council owned land and rooms within the building situated at Francis Reserve 4 Warnock Street, Grey Lynn.

27. All groups current leases expired on 31 July 2021 and are holding over on a month-by-month basis until terminated or a new lease is granted.

28. The buildings are primarily used by these group to provide education, mentoring and programmes to the community and agencies in the field on sexual assault/abuse; support for asylum seekers; family violence and parenting. These activities align with the local board plan outcomes.

29. All groups reapplied for their tenancy through the expression of interest process.

Tātaritanga me ngā tohutohu

Analysis and advice

30. 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. However, if the incumbent group is needed in the area and the group is performing well, the local board has the discretion to grant a new lease to the group without undergoing an expression of interest process.

31. In this instance, the local board supported an Expressions of Interest process for the office spaces across the two buildings.

32. The Asylum Seekers Support Trust currently lease two office spaces at the site but after discussions with Leasing staff, is able to free up the office space they currently use to store resources offsite. Hence making available this office space for lease resulting in a total of five office spaces across the two buildings for lease. The offices rooms range in sizes from 14 to 24sqm more or less.

33. After the completion of the Expressions of Interest process, in addition to the reapplication by all existing groups leasing the office spaces at 4 Warnock Street, Grey Lynn, one new application was received, from The Nurture People’s Trust.

Public notification and engagement

34. Prior to any lease being granted, iwi engagement is required under the terms of section 4 of the Conservation Act 1987. The proposed community leases are also required to be publicly notified under Section 138 of the Local Government Act 2002. Should there be submissions a hearings process will be set up with the board to resolve these.

35. Iwi consultation was completed, and no objections were received.

36. The cost of the public notification will be met by the Community Facilities department of the council.

Assessment of the applications

37. All groups submitted a comprehensive application for the new lease, demonstrating its ability to deliver it services.

38. The areas proposed to be leased to Auckland Women’s Refuge Incorporated; Asylum Seekers Support Trust; Doctors for Sexual Abuse Care Incorporated and The Inner City Women’s Group Incorporated consist of offices of approximately 14 to 24sqm more or less in area and are outlined in Attachment A – Site Plan.

39. The groups will be required to have in place all necessary insurance cover, including public liability insurance.

40. A Community Outcomes Plan will be negotiated with each group to identify the benefits it will provide to the community. This will be attached as a schedule to the lease agreements.

41. A site visit has been undertaken by staff and the building is well managed.

42. The groups provide valuable services to the local community and nation-wide.

43. Staff recommends the below charges for each group:

· rent of $500 plus GST

· operating expenses of $625 plus GST per annum for the approximately 25m² room

· operating expenses of $375 plus GST per annum for the approximately 15m² room

44. The operating costs contribute to Council’s maintenance of the buildings, insurance, and utilities.

Applicants

Auckland Women’s Refuge Incorporated (existing tenant)

45. The group was established in 1975 and its objective is to provide services on family violence matters whilst working with a variety of government agencies in this field.

46. The group has 190 members of different age groups, nine staff and six volunteers. The group’s opening days/hours are morning to evening Monday to Friday including evening meetings. The group’s advocate/referral agencies used the space in the weekend.

47. The group has been providing administrative services from the building since at least 2006. The group’s current community lease with the council expired on 31 July 2021. The lease to the group is holding over on a month-by-month basis on the same terms and conditions until terminated or a new lease is formalised.

Asylum Seekers Support Trust (existing tenant)

48. The group was established in 1989 and its objective is to provide safe and supportive environment for asylum seekers and convention refugees in New Zealand. They provide access to information, services, and resources.

49. The group has 11 members in addition to turnover of asylum seekers of different age groups the group serves 100 individuals and families every week via approx. 50 food boxes. The group has 11 part-time staff and ten volunteers, and their opening days/hours are Monday to Friday morning to evening and sometimes weekends.

50. The group has been operating from the building since at least 2006. The group’s lease of two rooms, one used as an office and the other for resources waiting to be distributed to asylum seekers, has since expired on 31 July 2021. The lease to the group is holding over on a month-by-month basis on the same terms and conditions until terminated or a new lease is formalised.

Doctors for Sexual Abuse Care Incorporated (existing tenant)

51. Doctors for Sexual Abuse Care Inc. was established in 1988 and its objective is to provide education, mentoring and accreditation process for clinicians engaged in the medical and forensic management of sexual assault/abuse affecting adults, adolescents, and children.

52. The group serves clients/users mainly adults and the immediate family; 11 staff and five volunteers. The group’s opening days/hours are 9am to 9:30pm and they have evening sessions.

53. The group has been operating from the aforementioned building since at least August 2006. The group’s current community lease with the council has since expired on 31 July 2021. The lease to the group is holding over on a month-by-month basis on the same terms and conditions until terminated or a new lease is formalised.

The Inner City Women's Group Incorporated (existing tenant)

54. This group was established in 1988 and its objective is to provide experience to working with family and sexual violence.

55. The group serves clients/users mainly adults and the immediate family; 11 staff and five volunteers. The group’s opening days/hours are 9am to 9:30pm and they have evening sessions.

56. The group has been operating from the site since at least August 2006. The group’s current community lease with the council has since expired in July 2021. The lease to the group is holding over on a month-by-month basis on the same terms and conditions until terminated or a new lease is formalised.

Nurture People Trust (new Tenant)

57. The group was established in 2018 and its objective is to provide supportive and educational parenting classes for families from all socio-economic levels. The group has temporarily used a community lease premises in the past but if successful will be a first time lessee of a Council community lease premise.

58. The founders believe that adults and children nurtured in gentle, respectful, conscious, and connected ways will be mentally and physically healthier and be empowered to be part of communities that grow our culture of kindness and peaceful living.

59. They do this mainly through facilitating parenting classes, nature playgroups and one to one connection face to face or online. Their parent classes are divided into three separate classes - Infants, Infants on the Move and Toddler. Nurture People also works with Early Learning Centre Trusts and teachers who struggle to afford professional support and mentoring.

60. One of the founders is also now a birth trauma support practitioner with Healing Birth and is able to offer this service with other community groups and/or support local community by making its facility available for hire.

61. It is recommended that the group tries to share the space with Auckland Women's Refuge Incorporated on the day when the space is not used whilst mindful of both groups’ equipment and other needs

62. The group had been operating from a private space in Te Atatu which is now no longer available. A lease at Warnock Street would provide their families opportunities to link with the hub of other supportive services for women in the complex.

63. They want to maximise the best use of these facilities and the Women’s Centre for our growing community and safe village for mothers.

Tauākī whakaaweawe āhuarangi

Climate impact statement

64. It is anticipated that activation of the building will result in an increase of greenhouse gas emission for example when workers and clients use various motorised vehicles to attend the classes at the space.

65. To improve environmental outcomes and mitigate climate change impacts, the council advocates, via each lessee’s Community Outcomes Plans, 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

66. 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. Asset improvements undertaken by the tenants should adhere to these same principles as proposed asset improvements will be reviewed by Council officers prior to approval to go ahead.

67. All measures taken are aimed at meeting 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.

68. Climate change has an unlikely potential to impact the lease, as no part of the leased area is located in a flood-sensitive or coastal inundation zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

69. Leasing staff have consulted with community facilities operational management and maintenance; and connected communities. They are supportive of and/or did not raise concerns, that have not otherwise been catered for, with the proposed lease.

70. The proposed new leases should have no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

71. The proposed leases will benefit the community by enabling initiatives that promote the aforementioned services and programmes for the Waitematā Local Board area and its surrounding communities.

72. The assessment of the application was workshopped with the Waitematā Local Board on 8 March 2022. The local board indicated its in principle support of the lease proposals. The Waitematā Local Board were comfortable to consider granting new leases to Auckland Women’s Refuge Incorporated and the Asylum Seekers Support Trust for their existing office spaces, whilst undertaking expressions of interest for the other three office spaces.

73. The delivered services and programmes align with the Waitematā Local Board Plan 2020 outcomes and objectives:

“Outcome 2: Connected communities that are inclusive, accessible, and equitable.”

Tauākī whakaaweawe Māori

Māori impact statement

74. Iwi engagement about the council’s intention to grant new community leases for rooms within Council-owned building at the aforementioned site was undertaken with the iwi groups identified as having an interest in land in the Waitematā Local Board area. The engagement involved:

· a presentation at the Central South Mana Whenua Forum held at 29 September 2021 held online via Microsoft Teams.

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

75. No objections or requests for hui or kaitiaki site visit were received from iwi and mana whenua groups to date.

76. 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.

77. 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.

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

79. 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

80. Rents are kept at the same level as they were set by legacy Auckland City Council. This level of rental is different and more than the current Auckland Council Community Occupancy Guideline. There will be no rental deviations which will have financial implications for the Waitematā Local Board.

81. All costs relating to the advertisement of the council’s intention to publicly notify the granting of the proposed lease will be borne by the Community Facilities Department of Auckland Council.

82. Ongoing operational costs of the asset will be covered by the council which is accounted for in current and future budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

83. Should the local board resolve not to grant proposed community leases to Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated, The Inner City Women’s Group Incorporated and Nurture Peoples Trust at 4 Warnock Street, Grey Lynn the group’s ability to undertake all current and future activities will be negatively impacted.

Ngā koringa ā-muri

Next steps

84. If the local board resolves to the grant of the proposed new community leases, staff will publicly notify this decision under the Local Government Act 2002. Upon the completion of public notification, which is open for a month, should there be submissions a hearings process will be set up with the board to resolve these.

85. Subject to the public notification and hearings process, staff will work with the Auckland Women’s Refuge Incorporated, Asylum Seekers Support Trust, Doctors for Sexual Abuse Care Incorporated, The Inner City Women’s Group Incorporated and Nurture People Trust to finalise the lease agreements in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan	93
b ⇩	Email to Mana Whenua and Iwi	95

Ngā kaihaina

Signatories

Author

Tsz Ning Chung - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Trina Thompson - Local Area Manager

Waitematā Local Board

16 August 2022

Temporary changes to landowner approval process for filming activities

File No.: CP2022/11768

Te take mō te pūrongo

Purpose of the report

1. To seek approval to undertake a 12-month pilot programme that streamlines the approval process of filming activities in Waitematā.

Whakarāpopototanga matua

Executive summary

2. Screen Auckland, part of Tātaki Auckland Unlimited, is the film office responsible for attracting, advocating for, and facilitating filming activities across the Tāmaki Makaurau Auckland region. The approval process for filming permits is guided by the:

· Auckland Film Protocol (2019)

· Public Trading, Events and Filming Bylaw 2022

· Local Board General Delegation to the Chief Executive and Delegation Protocols (2013).

3. Local boards have governance for activities that take place on parks and other local facilities and are currently involved in the film permitting process through the landowner approval process.

4. All 21 local boards have delegated the responsibility for making landowner approval decisions to Auckland Council staff. This delegation is subject to a requirement for consultation with the local board. This means that for every landowner approval application – except for low and medium impact event applications - staff must consult the local board’s delegated lead when making landowner approval decisions. In addition, the local board can “call in” a landowner approval delegation if it wishes to make that decision itself.

5. Due to an increase in permit applications, Screen Auckland is seeking a process change to help support Auckland’s economic recovery from COVID 19, by enabling a smoother permitting process. A more streamlined process will attract more international screen production business, and also improve Auckland’s ‘film friendliness’. This streamlined process will also reduce workloads and increase wellbeing for staff at the frontline of the permit application process.

6. Screen Auckland recommends a 12-month pilot programme that removes the requirement for local board consultation on film permits of low and medium impact. The criteria for what differentiates low and medium impact film permit applications from High and Major applications, can be found in the Screen Auckland Filming Impact Levels document (Attachment C)

7. Local boards would still be consulted for high and major impact filming activities and would continue to be notified of all applications. A “call in” would be used only after first discussing options with Screen Auckland staff.

8. The risk of change in quality of permit application decisions is low, as staff already rigorously apply the requirements of the Auckland Film Protocol and the Public Trading, Events and Filming Bylaw 2022.

9. If approved, the pilot programme would begin Monday, 19 September 2022, and staff would report to the local board quarterly on permit and revenue numbers.

10. After 12 months, Screen Auckland will work collaboratively with local boards and Community Facilities staff to identify potential improvements to the pilot programme and assess a desire to continue.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a) agree to waive the requirement (in the Local Board Delegation Protocols) for staff consultation with the local board on landowner approvals, for low and medium impact film shoot permit applications, for a 12-month period.

b) request that Screen Auckland notify the local board film lead of all low and medium impact film permits granted in local parks and facilities, ahead of these activities taking place.

c) request that Screen Auckland continues to work with Community Facilities staff in assessing and determining conditions for the use of local parks and facilities, where appropriate, for all film shoot permit applications.

d) provide a list of sensitive locations with particular escalation points that might elevate an application out of the minor category, or require further discussion, to Screen Auckland before 19 September 2022.

Horopaki

Context

Permit approval process

11. Screen Auckland, part of Tātaki Auckland Unlimited, is the film office for Tāmaki Makaurau Auckland and is responsible for:

· Attraction – Developing Tāmaki Makaurau Auckland as a film-friendly region and attracting international productions, stimulating regional economies, employment and cultural life.

· Advocacy – Supporting local screen businesses to grow and develop in the region while supporting decision makers to protect the interests and safety of mana whenua businesses, residents and the environment.

· Facilitation – Streamlining the permit process for filming activities in open public spaces such as parks, beaches and reserves.

12. The process for film approvals is currently controlled by:

Local Board Delegation to the Chief Executive (2013)

· Must receive landowner approval when filming is on a park or in a local facility

· Must consult with local boards where landowner approval is required

· Must refer the landowner consent decision to the local board where required

· That land owner approvals for film permits can be administered by Community Facilities staff without the requirement to consult with local board film representatives

Auckland Film Protocol (2019)

· Film facilitator issues the Application Summary document, summarising the information supplied by the filmmaker to the appropriate council local board(s) and external stakeholders for consideration.

Public Trading, Events and Filming Bylaw (2022)

· Minimises public safety risks, nuisance and misuse of council-controlled public places by enabling council to prescribe conditions and requirements in relation to all filming.

13. Screen Auckland follows a rigorous process when reviewing applications and considers all applicable national and local legislation. It also liaises directly with the wider Auckland Council family and other decision makers, in the approval process – such as: mana whenua groups, Tūpuna Maunga Authority, Auckland Transport, Environment and Biodiversity, Regional Parks, Sports Parks, Closed Landfills and Heritage.

Pressure due to film sector growth

14. A record-breaking number of film permit applications received by Screen Auckland is putting pressure on workloads and the tight turnaround requirements of the screen sector.

15. The projected increase in application numbers will require efficiencies to be implemented in the application process, to support reducing workloads and time pressures while maintaining ‘film friendliness’.

16. Auckland Council’s commitment to film friendliness (ratified by the Environment and Community committee as ENV/2019/152) was instituted to improve positive experiences in terms of administration and bureaucracy for film permit applications, to help retain screen productions in Tāmaki Makaurau Auckland instead of them choosing to shoot in other parts of the country, or even the world. Screen Auckland would like to build on our reputation of ‘film friendliness’ to future proof these production pipelines.

17. There is an urgent need to help revitalise Auckland’s economy due to the impacts of COVID-19, through supporting good experiences within, and return business from the screen sector, which contributes significant value to Auckland’s economy.

Different categories of film applications

18. The impacts table for the different film permit categories can be found in the Screen Auckland Filming Impact Levels document (Attachment C).

19. To encourage economic activity, the Auckland Film Protocol and the Public Trading Events and Filming Bylaw 2022, provide detailed guidance and purposefully seek to enable filming where there is negligible impact on public facilities – i.e., low and medium impact categories, also known as Minor Categories. Being able to reflect this ‘film-friendly’ intention in our administration processes, supports the intention of this regional policy.

20. In addition to considerations on impact scale, local boards can also advise Screen Auckland of any specific location-based areas that staff should consider when processing permit applications, such as ecologically-sensitive areas. These are added to Screen Auckland’s film permit processing software system, FilmApp, for the future reference of Screen Auckland facilitators.

21. The list of specific locations with potential issues will continue to be assessed during the pilot, and only a priority list rather than a definitive list is required. Fatigued locations and particular escalation points can be updated over the course of the pilot programme.

Consistency with approach to other permits

22. This pilot programme will be consistent with other land-owner approval processes for regulatory activities. For example, in the permitting process for events, local board protocols do not require consultation with the local board for minor category events.

23. Events and filming are both regulated under the Public Trading, Events and Filming Bylaw 2022. By providing an approval process for film permits that is consistent with events, it allows Council to be more efficient and enabling in these customer-facing processes.

Tātaritanga me ngā tohutohu

Analysis and advice

Pilot to provide efficient process

24. To create a more efficient permit process, Screen Auckland recommends a 12-month pilot programme where landowner approvals for filming permits with low and medium impacts are decided by staff as per their existing delegation, without the need for consultation with the local board. The criteria for what differentiates low and medium impact film permit applications from High and Major applications, can be found in the Screen Auckland Filming Impact Levels supporting document (Attachment C)

25. This pilot will involve four local boards. The intention is to demonstrate that efficiencies can be gained from delegating these low risk activities, without compromising the protection of parks and facilities.

26. As efficiencies are demonstrated over the pilot period, other local boards will be invited to join this streamlined process.

27. If the pilot proves to be efficient and without significant detriment to mana whenua, local boards, businesses, residents or the environment, then Screen Auckland will seek the endorsement of participating local boards, to institute this as a permanent process.

28. There is also the added benefit that removing the consultation requirement will reduce the time and resource involved with local board members monitoring delegated approvals.

Details of the pilot programme

29. Landowner approvals for high and major impact film shoots will still go to local board film delegates for consultation.

30. Local boards will be notified of all applications (including the approved low and medium film permits) in advance so that they are aware of activities happening in the facilities that they govern.

31. The measurements for success would include:

· An increased number of same-day-turnaround film applications.

· Positive feedback from the screen sector if it is enjoying the streamlined approach

· No significant rise in complaints or negative feedback from mana whenua, businesses, residents or environmental groups

· Local board film representatives describing a lighter workload following the establishment of the new process.

32. More details of the pilot programme can be found in Attachment B.

Review of the pilot programme

33. Screen Auckland will assess the pilot programme collaboratively with Community Facilities staff and local board film delegates. It will review comments and complaints as well as positive feedback from mana whenua, businesses, residents, screen sector applicants and local groups. Screen Auckland will provide this feedback to each local board every three months. Data will be kept on the number of permits applied for and issued in the local board area. This data will be compiled and presented for review after 12 months from the date of the first implementation.

34. If the review of the streamlined process is favourable, Screen Auckland will recommend that the process be instituted across all local boards permanently, to ensure consistency in the way that Screen Auckland handles minor category film applications.

Tauākī whakaaweawe āhuarangi

Climate impact statement

35. As this is a change in internal delegation processes, there are no impacts on the climate, however the screen sector does take improving climate impacts and sustainability seriously. Screen Auckland is working with the screen sector to identify ways it can help contribute to a more sustainable Aotearoa. The New Zealand Screen Sector Emissions Study, produced by Screen Auckland in partnership with Arup, seeks to understand the climate impacts of the sector so together, we can map out a transition to sustainability.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. Screen Auckland, part of Tātaki Auckland Unlimited, is proposing the pilot programme as it:

· Reduces the administration time and workload involved in processing and approving film permit applications

· Increases Auckland’s ‘film friendliness’ in line with the Auckland Film Protocol 2019, endorsed by Auckland Council’s Environment and Community Committee ENV/2019/152.

37. Screen Auckland has been part of a collaborative consultative project on the Landowner Approval Local Boards process, led by Local Board Services since the end of 2018. Community Facilities have been collectively a part of the project work and have indicated support for this streamlined approach throughout the process.

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

Local impacts and local board views

38. Screen Auckland workshopped streamlining the facilitation process for film applications in the minor categories with the local board on Tuesday 26 July, 2022.

39. At the workshop, the Waitematā Local Board signalled general support for the pilot programme.

40. Concerns from the Waitematā Local Board included the ability to identify early any popular or overly used filming spots. The Auckland Film Protocol does note that filming is typically restricted to weekdays in high use parks and reserves. Staff will ensure these situations can be better managed by noting which parks and reserves have high demand at certain times of the year into the Screen Auckland FilmApp permit system so that these can be flagged at the time of application. Screen Auckland will require local boards to notify it of high demand locations.

41. The Waitematā Local Board also noted that concerns were raised about filming applications that involve activities that go against the local board supported activities, such as filming activities which promote smoking, alcohol and negatively impact climate change.

Tauākī whakaaweawe Māori

Māori impact statement

42. The existing permit system requires consultation with mana whenua on sites identified in Auckland Unitary Plan section D21, Sites and Places of Significance to Mana Whenua, as well as Tūpuna Maunga Authority spaces. The pilot programme is not changing this requirement to engage with Māori.

Ngā ritenga ā-pūtea

Financial implications

43. Other than minor increases in film permit revenue for local boards, and the additional economic growth that comes with more film productions shooting in local board areas, there are no financial risks or implications that Screen Auckland has identified.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44. Screen Auckland film facilitators work closely with the Auckland Council family and other decision makers in rigorously applying the Auckland Film Protocol 2019, The Public Trading, Events and Filming Bylaw 2022 as well as the Local Board Protocol 2013 when assessing film permit applications, to mitigate risks to businesses, residents and the environment.

45. The local board film delegate will still have oversight of all applications, so a risk increase is very unlikely. The only thing that is changing is that this process will shift from a consultation with a local board film delegate to a notification. All information will still be supplied.

Ngā koringa ā-muri

Next steps

46. If approved, the pilot programme will begin on Monday, 19 September 2022.

47. Local board delegates will be notified of all applications that are approved and consulted with, on the high and major impact category film applications.

48. Screen Auckland will email local board film delegates and Community Facilities staff, inviting them to identify a list of sensitive locations and escalation points. Once these have been discussed and entered into the Screen Auckland permit system, they can be reviewed at the quarterly check ins. If there are any further additions to the list, these can be added and discussed with the Relationship Facilitator – Film, or the Screen Auckland facilitation team lead at any time.

49. After the 12-month pilot, Screen Auckland will review with the local board’s film lead and provide data on complaints, permit approval numbers and other feedback. If there is no significant detriment identified, Screen Auckland will recommend it institutes this streamlined permit process across all local boards permanently, to ensure consistency in the way that Screen Auckland handles minor category film applications.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Auckland Film Protocol 2019 (Under Separate Cover)
b ⇩	PowerPoint PRESENTATION	107
c ⇩	Screen Auckland Filming Impact Levels	127

Ngā kaihaina

Signatories

Author

Matthew Donaldson – Relationship Facilitator Film, Screen Auckland

Authorisers

Jesse Joseph – Screen Facilitation Manager (Acting), Screen Auckland

Matthew Horrocks – Screen Auckland Manager, Screen Auckland

Trina Thompson - Local Area Manager

Waitematā Local Board

16 August 2022

Local Board Government Electoral Legislation Bill

File No.: CP2022/11731

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 Waitematā Local Board:

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

Horopaki

Context

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

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

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

11. It amends the Local Electoral Act 2001 to:

a) provide a revised process for establishing Māori wards

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Local Government Auckland Council Act 2009

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

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

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

Local Electoral Act 2001 – Māori wards

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

a) A council decides whether it should have Māori representation

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

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

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

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

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

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

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

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

23. Staff propose that Auckland Council supports these provisions.

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

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

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

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

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

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

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

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

(GB/2015/1)

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

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

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

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

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

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

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

Local Electoral Act 2001 – ties and recounts

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

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

Local Electoral Act 2001 – candidate nominations

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

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

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

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

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

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

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

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

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

First process

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

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

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

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

c) efficiencies and cost savings

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

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

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

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

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

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

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

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

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

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

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

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

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

45. A reorganisation plan specifies:

a) the name of the district of the unitary authority

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

c) the boundaries of—

(i) each local board area

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

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

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

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

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

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

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

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

Second process

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

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

50. The reorganisation plan must be accompanied by—

a) a statement that

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

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

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

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

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

(iii) the public consultation undertaken by the unitary authority

(iv) the themes and outcomes of that consultation.

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

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

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

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

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

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

Submission

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Local Government Electoral Legislation Bill	141
b ⇩	Comparison of current Schedule 3 and proposed Schedule 3A	187

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

Waitematā Local Board

16 August 2022

Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

File No.: CP2022/11661

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

· aims to make smoked tobacco products less appealing and addictive

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

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

Horopaki

Context

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of feedback on the Bill

8. There are three elements to the Bill:

· Proposal One – Reduce smoked tobacco supply

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

· Proposal Two – Smokefree generation

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

· Proposal Three – Nicotine removal in smoked tobacco.

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

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

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

· more and better support for smokers to quit

· more effective enforcement of existing regulations, particularly around vaping

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

· 11 August: draft submission sent to local boards

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

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

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

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Jacob van der Poel - Advisor Operations and Policy

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

No.	Title	Page
a ⇩	Chair Northey Board Report August 2022	203

No.	Title	Page
a ⇩	Deputy Chair Bonham Report August 2022	219
b ⇩	Member Sage July Report 2022	231

No.	Title	Page
a ⇩	August Governance Forward Work Calendar	235

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

Chairperson	Richard Northey, (ONZM)
Deputy Chairperson	Alexandra Bonham
Members	Glenda Fryer
	Graeme Gunthorp
	Kerrin Leoni
	Genevieve Sage
	Julie Sandilands

Author	Gabriel Ford - Democracy Advisor
Authoriser	Trina Thompson - Local Area Manager