Agenda of Waiheke Local Board - Wednesday, 23 November 2022

1 Nau mai | Welcome

The meeting will be led by a karakia.

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Waiheke Local Board:

a) confirm the extraordinary minutes of its inaugural meeting, held on Thursday, 3 November 2022, as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waiheke Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Deputation from Kathy Voyles, Kate Hastings and Hana Blackmore of Waiheke Climate Alliance - housing emergency, Transport Emissions Reduction Pathway, and Esplanade pedestrianisation

Te take mō te pūrongo

Purpose of the report

1. The purpose of the deputation is for Kathy Voyles, Kate Hastings and Hana Blackmore of Waiheke Climate Alliance to make a presentation to the board calling for action on housing, the Transport Emissions Reduction Pathway and the closure of the unsealed section of The Esplanade between Surfdale and Blackpool.

Whakarāpopototanga matua

Executive summary

2. The deputation calls firstly for a housing emergency meeting to be convened to address housing issues on the island. It asks the board to formulate a plan to address emergency housing, to plan for Kainga Ora housing soon and for assisted care living. Supporting documentation calling for action on housing for Waiheke Island is detailed in Attachments A and B.

3. The second request of the deputation calls on the board to implement urgently the actions it endorsed in its response to the Transport Emissions Reduction Pathway at the local board business meeting held on 27 April 2022 (online at https://infocouncil.aucklandcouncil.govt.nz/Open/2022/04/WHK_20220427_MIN_10644_WEB.htm).

4. Thirdly, the deputation group calls for an immediate halt to private cars/vehicles to enter the Esplanade and ask that the local board use tactical urbanism methodologies to close that space whilst Auckland Transport completes its designation into a pedestrian mall. Emergency vehicles, mobility devices, cycles, pedestrians and horses would still be able to use the Esplanade.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) Thank Hana Blackmore, Kathy Voyles and Kate Hastings of the Waiheke Climate Alliance for their presentation on calling a housing emergency meeting, the need for local action on the Transport Emissions Reduction Pathway, and progressing the Esplanade to be converted to a pedestrian mall between Surfdale and Blackpool.

Attachments

a Copy of Submission Waiheke Housing Hui................................................... 35

b Copy of submission to the Parliamentary Finance Select Committee – October 2021........................................................................................................................ 37

8.2 Deputation - Kayleigh Appleton, Waiheke Resources Trust - “Good to Go” waste diversion and reuse programme

Te take mō te pūrongo

Purpose of the report

1. To receive the deputation from Kayleigh Appleton, WasteWise Coordinator, Waiheke Resources Trust regarding the “Good to Go” programme which provides high tier waste diversion through reusing and sterilising serviceware.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board has received a deputation request from Kayleigh Appleton, WasteWise Coordinator with the Waiheke Resources Trust to give insight to the board about the innovative “Good to Go” serviceware reuse programme that is being delivered at Ostend Market.

3. The programme aims to reduce waste and reuse existing items as well as educate market visitors and stall holders by offering free cups and utensils for people to use while they drink and eat at the market. The items are then dropped off once used and washed and sterilised for reuse.

4. A supporting presentation is attached.

Te tūtohunga

Recommendation

That the Waiheke Local Board:

a) thank Kayleigh Appleton, WasteWise Coordinator, Waiheke Resources Trust for her attendance and presentation regarding the “Good to Go” waste diversion and reuse programme.

Attachments

a Waiheke Resources Trust - "Good to Go" waste diversion and reuse programme presentation...................... 41

9 Te Matapaki Tūmatanui | Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

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

10 Ngā Pakihi Autaia | Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Waiheke Local Board

23 November 2022

Appointments to external organisations

File No.: CP2022/15838

Te take mō te pūrongo

Purpose of the report

1. To appoint elected members to external organisations and agree the process for appointing the single local board representative to the Local Government New Zealand National Council.

Whakarāpopototanga matua

Executive summary

2. Local boards have a statutory responsibility to communicate with community organisations and special interest groups within their local board area. These organisations range from business associations, statutory organisations, trusts, to entities for which the council has the right to appoint directors (known as council organisations (COs)). Elected members are often invited to participate in these external organisations in various capacities.

3. This report provides detail about these various categories of appointments to external organisations to inform appointments by the local board.

4. Attachment A to this report provides details of the external organisations that have existing arrangements with the local board or for which a relationship is prescribed in policy. Local boards are being asked to make appointments to these organisations at this time and to consider any further appointments as part of their local board engagement plan and strategy for the term.

5. Local boards are also collectively required to appoint a single representative (to represent all 21 local boards) to the Local Government New Zealand (LGNZ) National Council, to fill one of three seats provided for Auckland Council. This report recommends a process for making a joint appointment.

6. Staff recommend that local boards consider appointing a lead and an alternate for various organisations for the 2022-2025 triennium. The function of alternate representative is to act as a backup to and to perform the appointee duties, including attendance at meetings, in the appointee’s absence.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) kopou / appoint a representative and alternate to each of the external organisations listed in Appendix A for the 2022-2025 triennium.

b) tautapa / delegate authority to the chairperson to work with other local board chairpersons to form a selection panel to appoint a local board representative to the LGNZ National Council as soon as possible.

Horopaki

Context

7. Participation in community organisations is an established part of an elected member's role and having a relationship with community organisations and interest groups is an important part of the local board role.

8. Several external organisations provide for the formal participation of representatives of the Auckland Council in their affairs. These can include arrangements via:

· a trust deed that provides for a council representative on an organisation’s board, committee, or other function

· provisions in law, policy or resource consent that require council representative arrangements. For example, a regulation providing for a community liaison committee or a resource consent requiring the formation of a committee with elected member representation

· other partnerships or associations entered into by the council which provide for elected member representation.

9. These arrangements often include other duties depending on the organisation, the nature of that organisation’s work and/or the relationship with the council.

Council organisations (COs) and other formal arrangements

10. Council organisations (COs) are companies or entities in which Council has the right to appoint 1 or more of the trustees, directors, or managers (however described) of the company or entity, but Council has less than 50% control. An ‘entity’ includes any partnership, trust, arrangement for the sharing of profits, union of interest, co-operation, joint venture, or other similar arrangement; but does not include a committee or joint committee of a local authority.

11. There are various other entities that have been set up for a specific purpose some of which are formal documents such as a resource consent. These includes consultative groups such as the Aircraft Noise Community Consultative Group, community forums, community impact forums (Department of Corrections) and others.

12. External organisations relevant to the local board are listed in Appendix A.

Local Government New Zealand (LGNZ) National Council

13. The LGNZ Rules were amended in 2019 to remove Auckland Council from Zone 1 and to provide for Auckland’s representation at the National Council. Given its sheer size and shared governance structure, Auckland will now operate as its own LGNZ ‘zone’ and of its three seats on the LGNZ National Council, one is earmarked for a representative that is appointed by the 21 local boards. The other seats are filled by the Mayor of Auckland (or his alternate) and a representative to be appointed by the Governing Body.

14. The LGNZ rules require appointments to the National Council to be made within eight weeks of the triennial local government elections.

15. In 2019, local boards agreed to delegate authority to the local board chairpersons and the 21 chairpersons formed a selection panel to appoint a single representative of the local boards to the LGNZ National Council. This process enabled a representative to be appointed within the necessary time and was an efficient and appropriate process for making shared decisions.

16. Staff are recommending a similar process for this term, whereby local boards delegate to chairpersons the power to form a selection panel and for the selection panel to collectively to make the LGNZ National Council representative selection at their meeting in early December 2022.

Appointments for the purpose of managing relationships and communications

17. The Local Government (Auckland Council) Act 2009 specifically provides that a local board must communicate with community organisations and special interest groups within its local board area (section 13(2)(c)). In the past few terms, some local boards appointed dedicated leads to manage these relationships and ensure good communication lines with specific organisations and interest groups. These members act as a liaison between the local board and these organisations or groups.

18. While appointing representatives is one way to maintain good relationships and open communication, it is important that this is not done in isolation from the work of the local board during the term. In that regard, staff consider that a conversation about the local boards engagement plan for the term can best inform decisions on appointments that are made purely for the purpose of engagement and communications. This would ensure there is strategic value in these appointments and that there is a clear distinction from other appointments being recommended in this report.

19. It is proposed community liaison roles for the Waiheke Local Board be discussed during engagement plan development and formalised at a subsequent board meeting. These include but are not limited to:

· Waiheke Island Civil Defense Emergency Management network

· Community Network Waiheke

· Resident Associations

Tātaritanga me ngā tohutohu

Analysis and advice

20. The appointments outlined in this report are not all similar and the responsibilities and duties of an elected member will vary depending on the type of appointment and organisation. Key considerations for appointment decisions should include:

Ensuring appointees have the capacity and skills to undertake the responsibilities

21. This report attempts to outline the differences between the various appointments so that potential nominees can assess if they are the right fit. Some of the roles require members to represent the interests of the Council or perform governance functions. Others may require a lot of time commitment for meetings.

22. A great deal of appointments require attendance of members at either monthly or quarterly meetings of these external organisations.

23. Elected members are encouraged to consider taking on responsibilities only if they can commit to the time and effort that is required.

24. Any other additional considerations will be included in the list in Appendix A.

Managing conflicts of interests

25. The primary role of elected members appointed to external organisations is representing the council. However, depending on their activities, these arrangements may impact their decision-making role within the council.

26. Conflicts of interest can sometimes arise in relation to such appointments, for example where the appointment involves a legal duty to act in the organisation’s best interest (e.g. as a director or trustee). A conflict may also arise where the appointed representatives become heavily involved and very invested in the affairs and decisions relating to that external organisation. In these situations, a conflict could arise when the local board is making certain types of decision in relation to the other organisation.

27. In order to reduce the risk of conflicts, elected members should not take part in the management of these organisations. Unless there is a specific arrangement otherwise, the role as an appointee should be confined to attending meetings, voting at annual or general meetings and acting as a conduit of information.

28. From 20 November 2022 new amendments to the Local Government Act 2002 come into force and require elected members to make a pecuniary interest return within 120 days of coming into office and before the last day of February in subsequent years, which includes declaring all appointments that a member has by virtue of being an elected member. Having an interest does not necessarily mean there is a conflict, but it is important to be mindful of any perceptions of conflict if elected members are actively involved with community groups, even in their official capacity.

Accountability

29. Appointed representatives are strongly encouraged to make regular reports to the local board on their activities and as appropriate, progress made by that organisation on key issues that is relevant to the local board and council.

Official capacity

30. Elected representatives are delegated representation roles in their capacity as elected local board members. Should they cease to become an elected member, their appointment would be automatically repealed.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. This decision is procedural in nature and is not expected to result in any increase to greenhouse gas emissions nor will it be adversely impacted by the predicted effects of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32. Auckland Council staff support local boards in programmes and partnerships involving business associations and other external organisations that may be covered in this report.

33. Staff in the Governance Division provide support to members who are involved with the LGNZ National Council.

34. Other than that, these appointment decisions facilitate positive relationships with key partners and are not expected to have any significant adverse impact on the council group.

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

Local impacts and local board views

35. Local boards are generally committed to nurturing and maintaining relationships with key stakeholders. This report and recommendations align with what local boards want.

36. There may be an interest in making more appointments or arrangements of this nature for the purpose of managing relationships and ensuring key community groups have dedicated liaisons that make their engagement with the local board easier. Staff are supportive of this approach, however, in order to ensure these arrangements are meaningful and useful, the local board is strongly encouraged to consider making any additional appointments in the context of a discussion about its engagement strategy for the term.

Tauākī whakaaweawe Māori

Māori impact statement

37. This is a procedural decision that is not considered to have specific implications for Māori. Where relevant, any specific arrangements for Māori co-governance and co-management entities will be addressed in a dedicated report.

Ngā ritenga ā-pūtea

Financial implications

38. The decision to appoint elected members to outside organisations is procedural in nature so does not have any financial implications.

39. Where financial decisions relating to these external organisations are taken, the implications of those decisions and these appointments, where appropriate and relevant, will be assessed accordingly.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. There are some reputational risks that may arise if elected members appointed to external organisations do not meet the expectations for their role. These include attendance at meetings and making themselves available or accessible to the groups to which they are appointed. To manage these risks, elected members are encouraged to carefully consider these roles and requirements and only take these commitments on if they can honour them.

41. To mitigate the risk of actual and perceived conflicts when can undermine decisions of the council, elected members are required to include the appointments made in this report in their annual declarations.

Ngā koringa ā-muri

Next steps

42. Once appointed, staff will prepare correspondence from the chairperson to these external organisations introducing the new local board and informing them of the appointed representatives for their organisation.

43. Following the delegation of authority to the chairperson, provided all local boards agree to this recommendation, staff will bring the matter of the LGNZ National Council appointment to the next meeting of local board chairpersons for a decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke Local Board external organisations appointments list	15

Ngā kaihaina

Signatories

Authors

Shirley Coutts - Principal Advisor - Governance Strategy

Janine Geddes - Senior Local Board Advisor

Authoriser

Glenn Boyd - Local Area Manager

Waiheke Local Board

23 November 2022

Local board appointments and delegations for the 2022-2025 electoral term

File No.: CP2022/15844

Te take mō te pūrongo

Purpose of the report

1. To make internal appointments and delegations to manage the workload and enable the discharge of duties and responsibilities in a timely manner.

Whakarāpopototanga matua

Executive summary

2. Local boards are responsible for a wide range of council decisions. As per their legislative role, most of these decisions relate to non-regulatory responsibilities of the council allocated to local boards.

3. In the first term of Auckland Council, all 21 local boards (and the Governing Body) made a general delegation to the Chief Executive of all their responsibilities, duties and powers subject to the exclusions, restrictions and clarifications set out in the Chief Executive’s Delegations Register. The exercise of responsibilities, duties and powers delegated from local boards is subject to the Local Board Delegation Protocols (Protocols). The Protocols require a range of decisions to be reported to the local board and require that certain decisions made by staff be subject to consultation with the local board, through a nominated local board member (or portfolio holder).

4. Local boards have also been delegated some decisions relating to regulatory processes from the Governing Body. These include giving input into the resource consent process and making objections to liquor licence applications. Some of these decisions are subject to statutory timeframes so having individual members take the lead on such matters ensures the local board can participate effectively in these processes.

5. To enable effective and efficient decision-making, it is appropriate that individual members undertake the following duties and responsibilities:

a) Provision of local board views and feedback during staff consultation on general landowner approvals

b) Provision of local board views and feedback during staff consultation on activities that are subject to regulatory approval e.g. film applications and events

c) Provision of formal feedback on resource consent-related matters, specifically input into resource consent notification decisions and provision of local board views, if any, on publicly notified resource consents; includes providing views, if required, on any council decisions relating to the COVID-19 Recovery (Fast-track Consenting) Act 2020

d) Preparation of and submission of objections, if any, to liquor licence applications and authority to speak at relevant hearings, if required

e) Representation at meetings of joint committees, working groups and other bodies which the local board is a party of or invited to.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) kopou / appoint a nominated contact, and an alternate, for staff consultations over landowner approval applications (excluding applications for filming and events).

b) kopou / appoint a nominated contact, and an alternate, for staff consultation on applications for filming, events and other activities on local parks and local facilities that also require regulatory approval.

c) kopou / appoint a lead, and an alternate, for liquor licence matters and delegate authority to that member, including any alternate, to prepare and provide objections, if any, and speak to any local board views at any hearings on applications for liquor licences.

d) kopou / appoint a lead, and an alternate, on resource consent matters and delegate authority to that member, including any alternate, to:

i) provide the local board views, if any, on whether a resource consent should proceed as a non-notified, limited notified or fully notified application;

ii) prepare and provide local board’s views, if any, on notified resource consents and speak to those views at any hearings if required;

iii) provide the local board’s views on matters relating to or generated by the COVID-19 (Fast-track Consenting) Act 2020 while this legislation remains in force.

e) kopou / appoint a representative, and an alternate, to meetings of the LGNZ Auckland Zone and to take the lead on matters relating to this forum.

f) tautapa / delegate authority to the chairperson to work with other local board chairpersons to select shared representatives to council working groups, working parties and other internal bodies, where there is a limited number of local board representatives to be selected from amongst all 21 or clusters of local boards.

g) kohuki / consider any other appointments and delegations that may be appropriate, to manage the workload and responsibilities of the local board.

Horopaki

Context

6. To enable the effective and efficient conduct of a local board’s business, the Local Government Act 2002 (the Act) provides that a local board may delegate to a committee, subcommittee, or member of the local board, or to an officer of council, any of its responsibilities, duties, or powers, except for the exceptions listed in clause 36D, schedule 7 of the Act. The responsibilities that cannot be delegated include the duty to identify and communicate the interests and preferences of the people in the local board area in relation to the content of the strategies, policies, plans and bylaws of Auckland Council.

7. It is standard practice for local boards to delegate responsibilities for specific tasks and duties to individual members, to enable those tasks and duties to be discharged in a timely manner.

8. Local boards have also made general delegations to the Chief Executive which enable staff to make a range of other decisions on behalf of the local board. Some decisions delegated to the Chief Executive are conditional on consultation with the local board, so this report includes appointments of representatives with whom staff can consult and seek local board views from.

Tātaritanga me ngā tohutohu

Analysis and advice

9. Local boards have been allocated decision-making responsibility for various non-regulatory activities including the use of and activities within local parks and local community and recreation facilities. Considering and determining requests by the public and other third parties for the use of these parks and facilities is therefore within the allocated responsibilities of Local Boards. Auckland Council refers to these decisions as “landowner consents” or “landowner approvals”.

10. Through the general delegation to the Chief Executive, all local boards have delegated landowner approval decisions to staff subject to consultation with the local board. This enables this customer-facing process to be administered efficiently.

11. The Protocols provide that the nominated local board member can request staff (who are undertaking the consultation) to refer the landowner approval applications to a local board business meeting for a decision. This approach is typically exercised sparingly and in relation to controversial issues of particular interest to the Local Board or local community. Referring the matter to the local board for decision adds a considerable amount of time and resource to the process as it requires staff to follow the reporting timeframes for business meetings and slows down council’s response to the customer.

12. Separately Auckland Council takes regulatory decisions in relation to applications made under its Bylaws and the Resource Management Act 1991. Regulatory decisions sit with the Governing Body and are often delegated to staff or to independent commissioners. Before taking decisions, the Governing Body must consider the views and preferences expressed by a local board where the decisions affect the local board area.

13. This report recommends the appointment of local board members to take the lead on providing these approvals and views.

General landowner approvals

14. The role of the local board’s nominated lead for general landowner approvals is to be the point of consultation for staff. The lead’s responsibility is to:

· receive information about the proposed activity which requires landowner approval;

· provide views, if any, about the impact of the proposal on the local park and the local community;

· maintain a focus on governance matters noting that staff who maintain the park and undertake operational duties will be identifying the relevant operational issues;

· ensure that reasons are given to support the views based on relevant and not irrelevant considerations;

· consult other members of the local board, if appropriate, and collate their feedback, if any, to give to staff;

· provide views, if any, in a timely manner (staff recommend nominated leads strive to provide feedback within 5 days, if possible) and,

· provide regular updates to the local board on landowner approval applications received as appropriate.

15. The exercise of council’s general powers to make landowner decisions is not unconstrained. Whether taken by staff or at the full local board level, decision-makers must ensure decisions are made in accordance with statutory and common and public law principles.

Filming

16. Screen Auckland (part of Tātaki Auckland Unlimited) is the agency in charge of permitting applications for filming in the Auckland region. They also facilitate the request for landowner approvals relating to film applications.

17. Due to recent growth in screen industry activity, Screen Auckland is now processing approximately 1000 permit applications per year. This number is predicted to continue to increase as the film industry recovers from COVID-19 restrictions.

18. Screen Auckland’s service level commitment is to process film applications within three to five working days. These timeframes reflect the nature of this industry and is line with the ‘film-friendly’ direction in the Auckland Film Protocols but it adds pressure to internal consultation processes.

19. The recommended timeframe, for consulting with local boards on filming applications, is two working days. These tight timeframes also mean that referring the matter to the full local board will most likely result in cancellation of the application as applicants will likely just opt for a different location. In this regard, to meet council’s service level commitments, the local boards are being encouraged not to refer film applications to the full local board for consideration.

20. The role of the local board’s film lead is to be the point of consultation for staff processing applications for film permits on local parks. The lead’s responsibility is to:

· receive information about filming applications on local parks;

· provide views, if any, on how the activity may impact the local park and local communities;

· maintain a focus on governance matters noting that operational staff will be identifying any operational issues;

· ensure reasons are given to support the views and that these are based on relevant and not irrelevant considerations;

· respond within two working days (staff will assume the local board does not have any feedback to give if there is no response received within this timeframe) and,

· provide updates to the local board on their nominated lead activities as appropriate.

Events

21. The Protocols require that a nominated local board lead is consulted, on behalf of the local board, on event applications that meet certain triggers. These triggers are:

· applications to hold events on council-owned land in the local board area that require regulatory approval and involve one or more of the following matters:

o complete or substantial closure of the public open space;

o more than 500 people;

o road closure;

o liquor;

o ticketed event.

22. The role of the local board’s events lead is to be the point of consultation for staff processing event permits on local parks. The lead’s responsibility is to:

· receive information about event application on a local park, when the above triggers are met

· provide views, if any, on how the event activity may impact the local park and local communities

· maintain a focus on governance matters noting that staff who maintain the park and undertake operational duties will be identifying any operational issues e.g. need for traffic management etc

· ensure reasons are given to support the views and that these are based on relevant and not irrelevant considerations

· respond in a timely manner (staff recommend nominated leads strive to provide feedback within 5 days, if possible)

· provide updates to the local board on their nominated lead activities as appropriate.

23. Staff are also required under the Protocols to notify the nominated local board member of areas relating to the event that may involve reputational, financial, performance or political risk and decisions to approve events on council owned land in the local board area. The nominated lead will be the primary point of contact for these communications.

Liquor licence matters

24. The District Licensing Committees consider and grant or renew applications for liquor licences and manager’s certificates. When a business applies for a new liquor licence (on-licence, off-licence, club licence, or special licence) or a renewal, these applications are publicly notified.

25. The Governing Body has delegated to local boards the power to object to liquor licensing applications under the Sale and Supply of Alcohol Act 2012 (GB/2014/103).

26. Local boards have 15 working days from the date of a public notice of liquor licence applications (new or renewals) to provide an objection on the matter. The District Licensing Committee is required to convene a public hearing whenever an objection has been filed unless the application is withdrawn, the objector does not require a public hearing or it believes that the objection is vexatious and based on grounds outside the scope of the Sale and Supply of Alcohol Act 2012.

27. As per the practice in previous terms, this report recommends delegating responsibility to an individual local board member to monitor public notices and lodge objections, if required, on time.

28. The nominated member’s authority extends to representing the local board at any public hearing that considers the local board’s objection. Where the nominated member is not available to attend a public hearing to speak to the local board’s objection, the alternate member or chairperson or other member agreed by the local board can represent the local board.

Input to resource consent matters

29. Decisions to grant resource consents are regulatory decisions of the council that sit with the Governing Body and are delegated to staff.

30. Governing Body has resolved that Local boards will be given the opportunity, within the statutory timeframes, to provide feedback, if any, on whether resource consent applications should be publicly notified (GB/2011/156).

31. Local Boards can also provide views on resource consent applications once they have been notified (and may speak to these views at hearings).

32. Resource consent processes are subject to statutory timeframes. To ensure the local board can participate effectively in this process, it is recommended that the local board appoint and authorise an individual member to take the lead in developing and providing feedback when applications are received.

33. Local boards, in previous terms, have identified a list of issues that automatically trigger their feedback on resource consent matters. When these issues or ‘triggers’ present themselves in a resource consent application, staff will email the nominated lead copies of applications for feedback. Local board leads are encouraged to provide comments on the matter within 3 working days.

34. Considerations by the lead, on behalf of the local board, should include how or if the proposed activity may adversely affect people in the local board area.

35. If the local board desires, the nominated lead for resource consent matters can also be the member in charge of assisting the local board in developing its feedback on other planning matters such as plan changes and notices of requirement. These matters cannot be delegated so feedback, if any, must be decided on by the full board.

Auckland Zone/LGNZ

36. Local Government New Zealand (LGNZ) is an incorporated society (New Zealand Local Government Association Inc) which represents the national interests of councils around New Zealand and leads best practice in the local government sector.

37. The objectives of LGNZ include promoting and advocating matters affecting the national interests of local government. LGNZ holds regular dialogue with government, parliamentarians and government agencies and provides thought leadership and research on matters of interest to local authorities.

38. LGNZ members are organized in geographically based zones and sectors generally. In 2019, LGNZ Rules were amended to remove Auckland from Zone 1 with an expectation that Auckland Council, with its 21 local boards, will operate as its own zone group (Auckland Zone).

39. In the previous term, Auckland Zone held quarterly meetings with the LGNZ President and Chief Executive. These meetings were co-chaired by the councillor and local board member who are appointed to the Local Government New Zealand National Council. Each local board appointed a representative to attend meetings of the Auckland Zone and take the lead on all matters relating thereto.

Delegation to chairperson – selection of shared representatives

40. From time to time during the term, local boards may be invited to appoint a limited number of representatives to working parties, advisory groups, and other groupings that the Governing Body may set up. The selection of a small number of people to represent many local boards requires local boards to work together.

41. In the previous term, chairpersons were critical to reaching these joint decisions. Chairpersons can work as a selection committee (utilising their monthly Chairs’ Forum) to discuss and agree jointly on shared representatives for all local boards as and when required. In the previous term, this was also process authorised by local boards for the selection of the single local board representative to the Local Government New Zealand National Council and a representative to the Establishment Unit Board for the light rail project.

42. As representatives of their local boards, chairpersons can also work together in clusters to select representatives from different parts of the region, where this is required.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43. This report recommends the appointment of nominated local board members to ensure that council can undertake its operational and statutory duties in a timely manner, while receiving local board input and decision-making in matters that are of local importance.

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

Local impacts and local board views

44. This report seeks to appoint nominated local board members to perform specific functions.

45. Any local board member who is appointed as a nominated board member should ensure that they represent the wider local board views and preferences on each matter before them.

Tauākī whakaaweawe Māori

Māori impact statement

46. A decision of this procedural nature is not considered to have a positive or negative impact for Māori.

Ngā ritenga ā-pūtea

Financial implications

47. A decision of this procedural nature is not considered to have financial implications on Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

48. If local boards choose not to appoint a nominated board member for landowner approvals, film applications and events, staff will need to seek feedback from the chairperson. This could potentially lead to a busy workload for the local board chairperson, in addition to their existing duties.

49. If local boards choose not to delegate to provide views on notified applications, there is a risk that they will not be able to provide formal views prior to submission closing dates and miss the opportunity to have their feedback presented and heard at a hearing.

50. If local boards choose not to delegate to provide their views on liquor licences, there is a risk that they will not be able to provide formal views prior to closings dates for submissions not coinciding with political meetings.

Ngā koringa ā-muri

Next steps

51. Nominated local board members providing feedback will engage with staff acting in accordance with the Local Board Delegation Protocols.

52. Training for local board members will be offered on the Resource Management Act 1991 and the preparation of effective feedback for applications notified as part of a Resource Management Act 1991 process.

53. Nominated local board members (and alternates) who are delegated the responsibility of preparing and providing objections and speaking to the local board’s objection at District Licensing Committee Hearings should sign-up to receive alcohol notices. This will ensure that they hear about new applications as soon as they are open for comment.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Shirley Coutts - Principal Advisor - Governance Strategy

Janine Geddes - Senior Local Board Advisor

Authoriser

Glenn Boyd - Local Area Manager

Waiheke Local Board

23 November 2022

Arrangements for making urgent decisions

File No.: CP2022/15840

Te take mō te pūrongo

Purpose of the report

1. To endorse a decision-making arrangement for use by the local board when urgent decisions are required but it is not practicable to convene a meeting.

Whakarāpopototanga matua

Executive summary

2. Local boards hold decision-making meetings as regularly as they consider appropriate to discharge their responsibilities. A monthly (ordinary) meeting schedule helps staff schedule reports and decisions during the term and ensures elected members' attendance. When a need for an urgent decision arises outside of this schedule, the law allows for extraordinary or emergency meetings.

3. Extraordinary meetings require the chief executive to provide each local board member with three working days’ notice (or if the meeting is called by resolution, within a lesser period of notice as specified in the resolution, being not less than 24 hours). Emergency meetings require the person calling the meeting (or a person acting on their behalf) to provide 24 hours of notice to local board members and the chief executive. Extraordinary or emergency meetings are often not practicable to organise, and the short notice period may result in failure to achieve a quorum. In these circumstances, an arrangement for decision-making without a meeting is necessary to enable the local board to deal efficiently with urgent matters.

4. In the last few terms, all 21 local boards adopted an urgent decision-making arrangement which consisted of a conditional delegation to the chairperson and deputy chairperson to make urgent decisions on behalf of the local board when it cannot meet to make them. The exercise of this delegation has previously been subject to authorisation, to confirm that the decision requested is urgent and that it is not practicable to call an extraordinary or emergency meeting.

5. Staff recommend that this process is adopted in the current term for use as and when required.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) delegate authority to the chairperson and deputy chairperson, or any person acting in these roles, to make urgent decisions on behalf of the local board, it is not practicable in the circumstances to call an extraordinary or emergency meeting of the local board.

b) confirm that the Local Area Manager, chairperson, and deputy chairperson (or any person/s acting in these roles) will authorise the use of the local board’s urgent decision mechanism by approving the request for an urgent decision in writing.

c) note that all urgent decisions made, including written advice which supported these decisions, will be included on the agenda of the next ordinary meeting of the local board.

Horopaki

Context

6. The Local Government Act 2002 (LGA) provides that a local authority must hold the meetings it needs for the good government of its area.

7. The LGA also provides that local boards may delegate to committees, other subordinate decision-making bodies, staff, or members of the local board any of its responsibilities and powers for the purposes of efficiency and effectiveness in the conduct of local board business.

8. The LGA clarifies that some local board decisions are not able to be delegated, including the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans and bylaws of Auckland Council (clause 36D, schedule 7 LGA).

Tātaritanga me ngā tohutohu

Analysis and advice

Urgent Decisions delegation

9. The recommended arrangement is one that local boards have had in place over the past few terms. This arrangement has generally worked well to enable responsiveness to situations requiring decisions that arise over the Christmas/New Year holiday period, emergency decisions during the COVID-19 pandemic, and other unforeseen circumstances. This mechanism has enabled timely submissions to central government consultations, something that is usually subject to very constrained timeframes.

10. The urgent decision-making arrangements involve a delegation to the chairperson and deputy chairperson (subject to the authorisation process set out below), to make urgent decisions required before the next meeting if it is not practicable to hold an extraordinary or emergency meeting.

Authorisation

11. The delegation to make urgent decisions is subject to authorisation. The authorisers will approve the use of the urgent decision mechanism if they are satisfied that:

a) the decision is required urgently, i.e., before the next planned meeting of the local board, and

b) it is not practicable in the circumstances to call an extraordinary or emergency meeting of the local board.

12. The authorisers will include the chairperson, deputy chairperson and the Local Area Manager (or their nominee). Their considerations should include the significance of the decision, including whether this is likely to be controversial or not, and the ability to meet statutory and logistical requirements for an extraordinary or emergency meeting in the particular circumstances.

Request for urgent decision

13. Requests for an urgent decision should outline:

a) the decisions or resolutions sought

b) the nature of the issue

c) the reason for urgency.

Decision-making requirements

14. Elected members exercising the urgent decision delegation must make their decision in accordance with the decision-making principles and requirements in the LGA and Local Government (Auckland Council) Act 2009 and they must determine the best way to fulfil the requirements laid out in that legislation. These requirements include:

· identifying and assessing all reasonably practicable options for achieving the decision’s purpose and assessing those options in terms of their advantages and disadvantages (s 77 LGA)

· if it is a significant decision in relation to land or a body of water, considering the relationship of Māori and their culture and traditions with ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga (s 77(1)(c) LGA)

· considering the views and preferences of people likely to be affected by, or have an interest in, the decision (s 78 LGA).

15. Elected members require quality advice to inform good decisions. Where the request for an urgent decision has come from staff, staff should provide their advice in the Auckland Council report format. It may not always be possible for staff to produce comprehensive reports within constrained timeframes, so in such circumstances they should endeavour to provide sufficient information in an appropriate format, such as a memorandum.

Public accountability

16. Urgent decisions made under delegated authority should be published on the agenda of the next ordinary meeting of the local board. The information to be published must include the urgent decision and all relevant information provided to the decision-makers, provided it is not confidential.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. This decision is procedural in nature and is not affected by climate impacts nor will it result in any changes to greenhouse gas emissions.

18. The urgent decision mechanism enables urgent decisions to be made in a timely manner and this makes it a useful tool for responding to any climate change-related emergency.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19. The urgent decision-making mechanism proposed in this report enables the council group to respond to situations requiring urgent decisions in a timely manner when it is not practical to call the full local board together.

20. These decisions include, for example, local board input to council submissions that are provided whenever there is a central government consultation. The timeframes for these submissions can be very constrained and it is crucial that local board input is provided sooner rather than later, so that it can be considered by the Governing Body (or its committees) who adopt the submission on behalf of Auckland Council.

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

Local impacts and local board views

21. This report outlines the local board urgent decision-making arrangement that can be used when it is not practical to call the full local board together.

Tauākī whakaaweawe Māori

Māori impact statement

22. This report concerns a procedural matter and is not considered to have any specific implications for Māori.

23. When making urgent decisions under the delegation, decision makers will need to consider the impact of each decision on Māori, their land and other taonga, as appropriate.

Ngā ritenga ā-pūtea

Financial implications

24. There are no financial implications arising from the procedural decision sought through this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. The authorisation step provides an opportunity to assess and confirm the urgency and to decide if it is practicable to have an extraordinary or emergency meeting. This step is intended to help ensure the delegation to the chairperson and deputy chairperson is used in appropriate circumstances.

26. The chairperson and deputy chairperson are strongly encouraged to seek views from other local board members when making urgent decisions to ensure the urgent decision reflects those views to the extent possible.

Ngā koringa ā-muri

Next steps

27. If the local board adopts the urgent decision-making mechanism proposed in this report, this will provide a process that will be used as and when required.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Shirley Coutts - Principal Advisor - Governance Strategy

Janine Geddes - Senior Local Board Advisor

Authoriser

Glenn Boyd - Local Area Manager