Minutes of Waitematā Local Board - Tuesday, 16 August 2022

Waitematā Local Board

16 August 2022

Chair Northey opened the meeting with a karakia.

There were no apologies.

Member	Attendance
Chair Richard Northey	In-person
Deputy Chair Alex Bonham	In-person
Member Glenda Fryer	In-person
Member Graeme Gunthorp	Online
Member Kerrin Leoni	In-person
Member Genevieve Sage	In-person
Member Julie Sandilands	Absent – leave of absence

3 Declaration of Interest

There were no declarations of interest.

4 Confirmation of Minutes

Resolution number WTM/2022/143

MOVED by Chairperson R Northey, seconded by Member GF Fryer:

That the Waitematā Local Board:

a) confirm the minutes of its ordinary meeting, held on Tuesday, 12 July 2022, as a true and correct record.

CARRIED

5 Leave of Absence

There were no leaves of absence.

6 Acknowledgements

6.1	Acknowledgements - John Elliott
	The Waitematā Local Board acknowledges the death of John Elliott for his constant principled commitment to the Ponsonby community and to the Ponsonby News that he began and continued to contributed hugely to. His compassion, support and sage advice both to the community and to elected members was deeply appreciated.

6.2	Acknowledgements - Warren Snow
	The Waitematā Local Board acknowledges the death of Warren Snow. Warren has rightfully been called a zero waste hero being an early, persistent and successful campaigner for the container deposit scheme and for establishing a resource recovery centre network, of which our Waiorea Western Springs Centre will be a prime example.

7 Petitions

There were no petitions.

8 Deputations

There were no deputations.

9 Public Forum

There was no public forum.

10 Extraordinary Business

There was no extraordinary business.

Ward Councillor's report

Resolution number WTM/2022/144

MOVED by Chairperson R Northey, seconded by Member KL Leoni:

That the Waitematā Local Board:

a) receive the verbal and written report from the Waitematā and Gulf Ward Councillor, Pippa Coom.

CARRIED

12	Auckland Council's Quarterly Performance Report: Waitematā Local Board for quarter four 2021/2022
	Nick Palmisano, Local Board Advisor, was in attendance to speak to this report.
	Resolution number WTM/2022/145 MOVED by Chairperson R Northey, seconded by Deputy Chairperson A Bonham: That the Waitematā Local Board: a) receive the performance report for quarter four ending 30 June 2022. a) 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. b) 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 c) note that in spite of the duration and variety of negative COVID impacts, there still were many key activity achievements from the 2021/2022 work programme including: i) Highwic House - Renew Roads and Car parks ii) Home Reserve - Renewals iii) Pt Erin Pools - Renewals iv) Waitemata - Urban Forest (Ngahere) Strategy Planting v) Central Library - Roof Remediation and Green Roof Provision vi) Symonds Street Heritage Toilets - Renewal vii) Cox’s Bay to Wharf Road - Renewal and Greenway Construction including new bridge and pathways viii) Daylighting the Bayfield Park Stream from a stormwater pipe ix) Allocation of $150,000 of Waitemata Community Grants and $120,000 of Accommodation Grants x) A new Bike Hub has been installed on Queen’s Wharf xi) Major sports fields, pavilion, pathways and facilities renewals at Victoria Park and Seddon Fields xii) Delivery of 1,216 volunteer hours in the ecological and environmental programmes xiii) Increased membership and participation in the Climate Action Network xiv) Renewal of the Grey Lynn Park paddling pool xv) Myers Park cottage and shed renewal and restoration xvi) Good Citizens Awards xvii) Young Enterprise Scheme xviii) Extended opening hours and programmes at the Central and Grey Lynn libraries xix) Restoration of the Waipapa and other streams xx) Renewal and restoration of water features xxi) Heard Park - improvements to pavings, plantings and utilities xxii) Ewelme Cottage improvements xxiii) Western Springs Lakeside Park - new playground, Fukuoka Garden trees, water quality improvements xxiv) Point Resolution - park and bridge renewals xxv) Outhwaite Park - improved playground and parking xxvi) E-waste collections organised in the city centre diverting 2 tonnes of waste from landfill xxvii)Composting hubs developed at Arch Hill and the city centre xxviii) Kelmarna Gardens regenerative agriculture development supported xxix) Design and consent lodged for phase 1 and planning for phase two of the Domain pathways underway - particularly from the Parnell railway station to the museum. CARRIED
13	Proposed new community leases at Francis Reserve, 4 Warnock Street, Grey Lynn.
	Tsz Ning Chung, Community Lease Specialist, was in attendance to speak to this report.
	MOVED by Member GF Fryer, seconded by Member GS Sage: That the Waitematā Local Board: a) subject to the satisfactory resolution of any public submissions, and completion of iwi engagement 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) subject to the satisfactory resolution of any public submissions, and completion of iwi engagement 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 – 5 years, commencing 1 October 2022 with one 5 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 of the entire local board, if required, 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.
	MOVED by Deputy Chairperson A Bonham, seconded by Member KL Leoni: Deputy Chairperson A Bonham moved an amendment to the original motion as follows: b) vii) term – 1 years, commencing 1 October 2022 with one 1 year right of renewal The motion was put to the vote by a show of hands and was LOST by two votes to four. LOST
	Resolution number WTM/2022/146 MOVED by Member GF Fryer, seconded by Member GS Sage: That the Waitematā Local Board: a) subject to the satisfactory resolution of any public submissions, and completion of iwi engagement 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) subject to the satisfactory resolution of any public submissions, and completion of iwi engagement 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 – 5 years, commencing 1 October 2022 with one 5 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 of the entire local board, if required, 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. CARRIED

Temporary changes to landowner approval process for filming activities

Matthew Donaldson, Relationship Facilitator Screen Auckland, was in attendance to speak to this report.

Resolution number WTM/2022/147

MOVED by Member KL Leoni, seconded by Chairperson R Northey:

That the Waitematā Local Board:

a) agree to partially 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 pilot trial with the exceptions as per below:

i) request that Screen Auckland notify the local board film portfolio holders of all low and medium impact film permits granted in the Waitematā Local Board area, ahead of these activities taking place.

ii) request that Screen Auckland notify the local board film portfolio holders of any complaints and issues raised by the community in relation to film shoot permit applications or impacts of film shoots as they arise.

iii) 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.

iv) note that for locations within the local board area where the local board is not the landowner Screen Auckland currently notifies the local board film portfolio holders but does not seek approval for these film permit applications such as Te Ara I Whiti Lightpath and Te Komititanga and this will continue under the proposed pilot.

v) note that Screen Auckland does not process applications for all locations in the local board area where they are managed by other organisations such as Town Hall, Aotea Square, Auckland War Memorial Museum and hence is not able to notify the local board of these applications.

vi) request that Screen Auckland assess applications as required under the Auckland Film Protocol and escalate these out of the minor category, and seek consultation with local board film leads relating to the below:

A) advertising of alcohol, nicotine or tobacco products, illegal drugs, weapons, gambling, violence, harm to animals and petrol or diesel fuelled vehicles

B) car parking capacity (no more than 50% of a public car park)

C) previously identified specific locations with significant environmental concerns

vii) note that there are high demands of competing uses in Waitematā parks and reserves as well as high demands of filming activity and that the Auckland Film Protocols restricts filming in high use parks and reserves typically to weekdays and restricted during high demand times such as school and public holidays.

viii) request that the film impact assessment for filming in public spaces considers any reduction of service levels such as closure of public facilities, e.g., skate parks, basketball courts.

ix) note that production companies are responsible for engaging with business associations and resident groups such as City Centre Residents Group as per the Auckland Film Protocol and the Trading, Events and Filming Bylaw 2022

d) delegate authority to Member Kerrin Leoni and Chairperson Richard Northey to provide a list of further 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.

e) request that the 12-month pilot programme is included in the CCO Local Board Engagement Plan and reported on quarterly.

f) note that the pilot programme will be reviewed towards the end of the 12 months from the date of the first implementation to assess the pilot programme and make recommendations to the Board on the continuation of the minor category streamlined process after the 12 month period and that any significant proposed long-term changes be subject to public consultation.

CARRIED

The meeting adjourned at 2.42pm and resumed at 2.54pm.

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

Resolution number WTM/2022/148

MOVED by Deputy Chairperson A Bonham, seconded by Member GF Fryer:

That the Waitematā Local Board:

a) receive the report on the Auckland Climate Grants Pilot 2022/2023

b) broadly agree with the report content and recommendations

c) note the desire to establish separate funds that do not overlap with existing grants programmes

d) support the identified priority areas for funding during the 2022/2023 pilot year of the grants programme, noting the focus should be on food, energy, homes and the built environment (as a standalone priority), community education, and Māori-led projects

e) urge particular consideration for projects that predominantly support action with respect to homes and the built environment and communities, and that these be given higher priority

f) urges, in addition, a category for youth-led projects to be given higher priority to encourage and publicise more projects and applications from those under 26, noting the report acknowledges their under-representation

g) recommends that all six categories have equal weight and that grant allocation decisions try to balance funding so as to reward the highest quality projects and fund at least some projects across all these areas

h) propose transport projects receive lower priority noting that there is already considerable funding available through Auckland Transport, Waka Kotahi NZ, and Auckland Council for transport sustainability and emissions reductions projects, such as via the Auckland Community Bike Fund.

CARRIED

Local Board Government Electoral Legislation Bill

Resolution number WTM/2022/149

MOVED by Chairperson R Northey, seconded by Deputy Chairperson A Bonham:

That the Waitematā Local Board:

a) broadly support the proposed Bill

b) support the proposed provision that makes the decision-making process about the potential numbers of Auckland Councillors the same as for every other Local Authority, as is appropriate for the largest and most complex local authority. This will also enable it to be a realistic option, should the Council choose to take it, of adding one or two Māori Wards. It would also enable the less disruptive option of creating an additional Councillor if one area had explosive population growth, as happened in Waitemata for the last redistribution, and might occur in Franklin or Rodney, for example, in future.

c) support the proposed revised clear process for considering the retention or establishment of Māori wards, noting, and supporting, the continuing provision that the numbers and boundaries of such wards are to be established on a total population basis, and that voters in Māori wards will continue each to have a vote for Mayor, local board members and any licensing trusts

d) request adding a provision that would allow those local boards that so chose to establish a Māori subdivision for their board, utilising a process paralleling that for Māori wards for Council.

e) support creating a very limited opportunity for minor changes to be made to board boundaries to align with Council ward boundaries. Recommend that any redrafting of local board boundaries to align with wards should take into account that local boards now have specific governance over assets in their local board area, and should be limited to minor changes, affecting less than 5% of the population. In this respect any such changes must require the support of both or all local boards affected by a proposed change, must have been publicly notified as part of the representation review and must take into account the need for board boundaries to continue to reflect communities of interest whereas ward boundaries are principally established by the need to ensure that their councillor-to-population ratios remain commensurate with each other even if there are major population shifts. Changing board boundaries appears more unsettling than changing Councillor ward boundaries.

f) support the proposal in Schedule 3A which provides an appropriately simpler process than for Councils for reorganisation of any local boards within a unitary authority

g) support the proposal to allow returning officers to provide more flexibility for lodging candidate nominations, e.g., electronically, which might have enabled the nomination of a keen candidate for our board who failed to meet the current prescriptions

h) support the proposal to provide that tied votes for candidates would not proceed immediately to a decision by lot but first proceed to a judicial recount to resolve.

CARRIED

Note: Member Genevieve Sage abstained from voting on the above resolution.

Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

MOVED by Member GS Sage, seconded by Deputy Chairperson A Bonham:

That the Waitematā Local Board:

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

i) support the intention of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill and the goal to reduce the daily smoking rates to less than 5% across all population groups by 2025, however, note that the bill does not identify the current smoking rates

ii) express concern with the increase in replacing one substance addiction (tobacco) for another (vaping), as the long-term harmful effects of vaping on human health is still unknown and urge the government to develop a plan to ensure research and tighter controls are in place for vaping, including drastically reducing the number of vaping outlets and eliminating outlets near educational institutions.

iii) express concern with the risk of the increase of illicit sale and purchase of tobacco products.

iv) support the Bill’s requirement that people need to be approved to be a tobacco retailer, with higher standards but do not support that a much smaller number permitted. Alcohol and gambling outlets are over-represented in lower income and Māori and Pasifika communities, and consideration is needed to ensure there are not more tobacco retailers in high deprivation areas than in higher income areas. There is a risk that the selected outlets who do sell tobacco will start announcing the fact as a point of difference that may draw people’s attention to tobacco that undermines the aim of the bill and financially discriminate against those convenience outlets who do not sell tobacco.

v) support reducing retail availability, however, is concerned with the financial impact this will have on small businesses and request that enough support is provided to small businesses to manage this transition to the Smokefree 2025 goal.

vi) fully support the Bill’s provisions reducing the appeal and addictiveness of smoked tobacco products.

vii) somewhat support the ban on sales to those born on or after 1 January 2009 to reduce smoking uptake by young people, but note that further research is needed about the implications of dividing society based on age.

viii) encourage the government to invest in education programmes for youth from a young age, particularly targeting youth born around 1 January 2009, to encourage them into sports and recreation and to understand the benefits of health and fitness.

ix) note that the amendment bill highlights Māori and Pacific people and those living in the most deprived areas have disproportionately high smoking rates and recommend that the government invest in particularly effective culturally appropriate programmes that target these areas, to provide further education and support to enable these populations towards smoking cessation.

x) propose that there is consideration, in consultation with the Pharmacy Guild, that the sale of tobacco and vaping products be taken over by pharmacies, as staff are already trained with regard to responsible duty of care to customers.

xi) recommend a prohibition of advertising of all kinds of tobacco or vaping advertising, including a requirement for plain packaging and shop signage.

MOVED by Member G Gunthorp, seconded by Member GF Fryer:

Member G Gunthorp moved an amendment to the original motion as follows:

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

i) Do not support the ban on sales to those born on or after 1 January 2009.

A division was called for, voting on which was as follows:

For

Deputy Chairperson A Bonham

Member G Gunthorp

Member GS Sage

Against

Member GF Fryer

Member KL Leoni

Chairperson R Northey

Abstained

The motion was declared EQUAL at 3/3.

The chair exercised their casting vote against so the motion was Lost.

LOST

MOVED by Chairperson R Northey, seconded by Member KL Leoni:

Chairperson R Northey moved an amendment to the original motion as follows:

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

vii) support the ban on sales to those born on or after 1 January 2009 to reduce the uptake of smoking by young people.

A division was called for, voting on which was as follows:

For

Chairperson R Northey

Against

Deputy Chairperson A Bonham

Member GF Fryer

Member G Gunthorp

Member KL Leoni

Member GS Sage

Abstained

The motion was declared lost by 1 vote to 5.

LOST

The motion was put in parts.

Resolution number WTM/2022/150

MOVED by Member GS Sage, seconded by Deputy Chairperson A Bonham:

That the Waitematā Local Board:

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

ii) express concern with the increase in replacing one substance addiction (tobacco) for another (vaping), as the long-term harmful effects of vaping on human health is still unknown and urge the government to develop a plan to ensure research and tighter controls are in place for vaping, including drastically reducing the number of vaping outlets and eliminating outlets near educational institutions.

iii) express concern with the risk of the increase of illicit sale and purchase of tobacco products.

iv) support the Bill’s requirement that people need to be approved to be a tobacco retailer, with higher standards but do not support that a much smaller number permitted. Alcohol and gambling outlets are over-represented in lower income and Māori and Pasifika communities, and consideration is needed to ensure there are not more tobacco retailers in high deprivation areas than in higher income areas. There is a risk that the selected outlets who do sell tobacco will start announcing the fact as a point of difference that may draw people’s attention to tobacco that undermines the aim of the bill and financially discriminate against those convenience outlets who do not sell tobacco.

vi) fully support the Bill’s provisions reducing the appeal and addictiveness of smoked tobacco products.

CARRIED

That the Waitematā Local Board:

vii) somewhat support the ban on sales to those born on or after 1 January 2009 to reduce smoking uptake by young people, but note that further research is needed about the implications of dividing society based on age.

A division was called for, voting on which was as follows:

For

Member GF Fryer

Member KL Leoni

Chairperson R Northey

Against

Deputy Chairperson A Bonham

Member G Gunthorp

Member GS Sage

Abstained

The motion was declared EQUAL at 3/3.

The chair exercised his casting vote for, so the motion was Carried.

CARRIED

That the Waitematā Local Board:

viii) encourage the government to invest in education programmes for youth from a young age, particularly targeting youth born around 1 January 2009, to encourage them into sports and recreation and to understand the benefits of health and fitness.

ix) note that the amendment bill highlights Māori and Pacific people and those living in the most deprived areas have disproportionately high smoking rates and recommend that the government invest in particularly effective culturally appropriate programmes that target these areas, to provide further education and support to enable these populations towards smoking cessation.

xi) recommend a prohibition of advertising of all kinds of tobacco or vaping advertising, including a requirement for plain packaging and shop signage.

CARRIED

Chairperson's report

Resolution number WTM/2022/151

MOVED by Member KL Leoni, seconded by Member GF Fryer:

That the Waitematā Local Board:

a) receive the Chair’s report for August 2022.

CARRIED

Board member reports

Resolution number WTM/2022/152

MOVED by Chairperson R Northey, seconded by Member GS Sage:

That the Waitematā Local Board:

a) receive the written report from Deputy Chair Bonham for August 2022 and from Member Sage for July 2022

b) receive verbal reports from Member Fryer, Member Gunthorp, Member Leoni and Member Sage for August 2022.

CARRIED

Member G Gunthorp left the meeting at 4.00 pm.

Governance Forward Work Calendar

Resolution number WTM/2022/153

MOVED by Chairperson R Northey, seconded by Member GF Fryer:

That the Waitematā Local Board:

a) receive the governance forward work calendar as at 16 August 2022.

CARRIED

Waitematā Local Board workshop records

Resolution number WTM/2022/154

MOVED by Chairperson R Northey, seconded by Member KL Leoni:

That the Waitematā Local Board:

a) receive the Waitematā Local Board workshop records for the workshops held 26 July, 2 August, and 9 August 2022.

CARRIED

22 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

4.06 pm The Chair thanked Members, staff, and public for their attendance and attention to business and declared the meeting closed.

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Waitematā Local Board HELD ON

DATE:.........................................................................

CHAIR:.......................................................................

Chairperson	Richard Northey, (ONZM)
Deputy Chairperson	Alexandra Bonham
Members	Glenda Fryer
	Graeme Gunthorp	Left the meeting at 4.00pm
	Kerrin Leoni
	Genevieve Sage

Councillor	Pippa Coom