Agenda of Upper Harbour Local Board - Thursday, 24 November 2022

1 Nau mai | Welcome

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 Upper Harbour Local Board:

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

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 Upper Harbour 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 Upper Waitemata Ecology Network - Whenuapai at a crisis point.

Te take mō te pūrongo

Purpose of the report

1. To receive an update from the Upper Waitemata Ecology Network on the importance of a blue-green spatial network plan for Whenuapai.

Whakarāpopototanga matua

Executive summary

2. Charissa Snijders and Annette Mitchell, representing the Upper Waitemata Ecology Network, will be in attendance to provide an update on the importance of a blue-green spatial network plan for Whenuapai. In particular, the future urban zone, and how to realise this through the Upper Harbour Local Board’s support and funding for the development of a plan.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Charissa Snijders and Annette Mitchell on behalf of the Upper Waitemata Ecology Network and thank them for their attendance and presentation.

Attachments

a Upper Waitemata Ecology Network presentation - Whenuapai at a crisis point................................................................................................................ 73

8.2 Brian Hedley and Nicky Shave - Stream water quality issues of local concern.

Te take mō te pūrongo

Purpose of the report

1. To receive an update from Brian Hedley and Nicky Shave on stream water quality issues of local concern.

Whakarāpopototanga matua

Executive summary

2. Brian Hedley and Nicky Shave, will be in attendance to provide an update on stream water quality issues of local concern, describe local initiatives, indicate where these local initiatives might be heading, and to suggest what action local communities might require or expect from the Upper Harbour Local Board.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Brian Hedley and Nicky Shave and thank them for their attendance.

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.”

Upper Harbour Local Board

24 November 2022

Consideration to deferred grant application LG2317-118 - East Coast Bays Association Football Club

File No.: CP2022/15511

Te take mō te pūrongo

Purpose of the report

1. To part fund or decline deferred application LG2317-118 - East Coast Bays Association Football Club received in 2022/2023 Upper Harbour Local Grants Round One

Whakarāpopototanga matua

Executive summary

2. The Upper Harbour Local Board adopted the Upper Harbour Local Grants Programme 2022/2023 (Attachment A), which sets application guidelines for contestable community grants submitted to the local board.

3. The Upper Harbour Local Board has set a total of $111,069 community grants budget for the 2022/2023 financial year for two Local Grant Rounds and two Multi-Board Grant Rounds. $35,919.50 was spent on Local Grants Round One and $6,000 towards Multi-Board Round One, leaving a total of $69,149.50 remaining.

4. This report presents one deferred application received in the 2022/2023 Upper Harbour Local Grants Round One (Attachment B), LG2317-118 - East Coast Bays Association Football Club.

5. The applicant has requested a total amount of $100,000 towards “the clubroom redevelopment construction phase including upgrades to the changing room, gender neutral toilets, and modernising the facility.”

6. The deferral was decided on 15 September 2022 (UH/2022/108) pending outcome of the Regional Sport and Recreation Facilities Investment Fund in September 2022.

7. On 22 September 2022, the Parks, Arts, Community and Events (PACE) Committee allocated $400,000 to East Coast Bays Association Football Club Inc towards upgrades including gender neutral toilet, changing facilities, and legacy benefit to community sport for the FIFA Women’s World Cup 2023 (PAC/2022/84).

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board

a) agree to decline deferred application LG2317-118 due to the local board’s limited funding:

Application ID	Organisation	Main focus	Requesting funding for	Amount requested
LG2317-118	East Coast Bays Association Football Club Incorporated	Sport and recreation	Towards the clubroom redevelopment construction phase including upgrades to the changing room, gender neutral toilets, and modernising the facility	$100,000.00

Horopaki

Context

8. The local board allocates grants to groups and organisations delivering projects, activities and services that benefit Aucklanders and contribute to the vision of being a world-class city.

9. The local board grants programme sets out:

· local board priorities

· lower priorities for funding

· exclusions

· grant types, the number of grant rounds, and when these will open and close

· any additional accountability requirements.

10. The Upper Harbour Local Board adopted the Upper Harbour Local Grants Programme 2022/2023 (attachment A). The document sets application guidelines for contestable community grants submitted to the local board.

11. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, and community networks.

Tātaritanga me ngā tohutohu

Analysis and advice

12. The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. All applications have been assessed utilising the Community Grants Policy and the local board grant programme criteria. The eligibility of each application is identified in the report recommendations.

13. The East Coast Bays Association Football Club has indicated that the project will go ahead even without local board funding.

14. If only part of their project can be funded, the club will amend the final design and develop another solution for the redevelopment of their clubroom and raise further funds alongside the current $30,000 contribution.

15. The local board has $69,149.50 left to allocate to two more grant rounds in the 2022/2023 financial year: Local Grant Round Two and Multi-Board Grant Round Two.

16. It is recommended that the local board decline this application to allow for sufficient available budget to allocate in the remaining community grant rounds in the financial year 2022/2023.

17. The significance of this project in preparation for the FIFA Women’s World Cup 2023 should also be acknowledged and that the local board may want to contribute towards it. Note that the FIFA Women’s World Cup 2023 will go ahead without the local board community funding.

18. Two options have been identified for the board to consider:

· Option A (recommended): agree to decline deferred application due to the local board’s limited funding budget OR

· Option B: agree to part-fund a contribution of $10,000 towards the project and allow the group to allocate this where they see fit. This must be within the scope of the funding request and project and comply with the Community Grants Policy 2014

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. The Local Board Grants Programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups for projects that support and enable community climate action.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20. The focus of an application is identified as arts, community, events, sport and recreation, environment, or heritage. Based on the focus of an application, a subject matter expert from the relevant department will provide input and advice.

21. The grants programme has no identified impacts on council-controlled organisations and therefore their views are not required.

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

Local impacts and local board views

22. Local boards are responsible for the decision-making and allocation of local board community grants. The Upper Harbour Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

23. The local board is requested to note that section 50 of the Community Grants Policy states feedback will be provided to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.

24. A summary of the application received is provided in Attachment B.

Tauākī whakaaweawe Māori

Māori impact statement

25. The local board grants programme aims to respond to the council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Māori Responsiveness Unit, Ngā Mātārae, has provided input and support towards the development of the community grant processes.

Ngā ritenga ā-pūtea

Financial implications

26. The Upper Harbour Local Board has set a total of $111,069 community grants budget for the 2022/2023 financial year for two Local Grant Rounds and two Multi-Board Grant Rounds. $35,919.50 was spent on Local Grants Round One and $6,000 towards Multi-Board Round One; leaving a total of $69,149.50 remaining.

27. The applicant, East Coast Bays Association Football Club (LG2317-118) has requested a total amount of $100,000 towards “the club room redevelopment construction phase of the Football Club facility.” The group is contributing $30,000 towards this project and has also received a total of $750,000 from Lotteries Community Facilities Fund ($250,000) and Tātaki Auckland Unlimited ($500,000).

28. The deferral was decided on 15 September 2022 (UH/2022/108) pending outcome of the Regional Sport and Recreation Facilities Investment Fund in September 2022.

29. On 22 September 2022, the Parks, Arts, Community and Events (PACE) Committee allocated $400,000 to East Coast Bays Association Football Club towards upgrades including gender neutral toilet, changing facilities, and legacy benefit to community sport for the FIFA Women’s World Cup 2023 (PAC/2022/84).

30. The group has secured a total of $1,180,000.

Funding organisation or individual	Amount
Lotteries Community Facilities Fund	$250,000
Tātaki Auckland Unlimited	$500,000
Contribution from group: East Coast Bays Association Football Club Inc	$30,000
Sport and Recreation Facilities Investment Fund 2022/2023	$400,000

Total	$1,180,000

31. If the local board were to contribute $10,000 towards this application, it would leave them with $59,149 for two more grant rounds in 2022/2023: Local Grant Round Two and Multi-Board Grant Round Two.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board grants programme. The assessment process has identified a low risk associated with funding the applications in this round.

Ngā koringa ā-muri

Next steps

33. Following the Upper Harbour Local Board decision for this grant, staff will notify the applicants of the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Upper Harbour Local Board Grant Programme 2022/20223	15
b ⇩	Application Summary of Application LG2317-118	23

Ngā kaihaina

Signatories

Authors

Rikka Barbosa - Senior Grants Advisor

Authorisers

Pierre Fourie - Grants & Incentives Manager

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

24 November 2022

Draft Upper Harbour Local Parks Management Plan - establishing the hearings panel

File No.: CP2022/15611

Te take mō te pūrongo

Purpose of the report

1. To establish a hearings panel to undertake the hearings process for the draft Upper Harbour Local Parks Management Plan.

Whakarāpopototanga matua

Executive summary

2. Submissions on the draft Upper Harbour Local Parks Management Plan closed on 15 November 2022, following the two-month submission period required by the Reserves Act 1977.

3. This report seeks approval from the local board to establish a hearings panel to hear submissions on the draft plan.

4. Staff recommendation is to appoint a hearings panel that consists of an independent hearings commissioner and three local board members. The panel will hear submissions, consider amendments and recommend changes to the draft Upper Harbour Local Parks Management Plan to the local board.

5. Establishing a hearings panel consisting of a commissioner and local board members will ensure expertise of Reserves Act 1977 and a level of independence on the panel, whilst retaining local knowledge, input and decision-making in the hearing process.

6. The decision to approve the final Upper Harbour Local Parks Management Plan remains with the local board.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) appoint a hearings panel consisting of an independent hearings commissioner as chairperson and three of its local board members to:

i) hear objections and submissions from submitters on the draft Upper Harbour Local Parks Management Plan

ii) make recommendations to the local board about:

A) amendments to the draft plan following the hearings process, and

B) the extent to which objections and submissions are allowed or accepted or disallowed or not accepted

b) delegate to the local board chairperson and deputy chairperson the power to select an independent hearings commissioner

c) note that the decision to approve the final Upper Harbour Local Parks Management Plan remains with the local board.

Horopaki

Context

Background information

7. The local board has delegated decision-making responsibility for all local parks in the local board area.

8. The Reserves Act 1977 requires a reserve management plan be developed for most types of reserves administered by the local board.

9. In June 2018, the local board resolved to prepare an omnibus local parks management plan for all local parks and reserves in Upper Harbour area. In August 2022, the local board approved the draft Upper Harbour Local Parks Management Plan for public consultation.

10. The draft Upper Harbour Local Parks Management Plan (the draft plan) is a statutory reserve management plan prepared in accordance with section 41 of the Reserves Act 1977.

11. The scope of the draft plan is shown in the table below:

In scope

Out of scope

ü Land held under the Reserves Act 1977

ü Land held under the Local Government Act 2002

û Land for which the local board does not have allocated decision-making power e.g., roads, active cemeteries

û Crown owned land for which there is no management agreement e.g., marginal strips

12. The final plan, once adopted:

· will replace existing reserve management plans for Upper Harbour as outlined in the plan’s appendices

· means council will comply with the requirements of the Reserves Act 1977 to have a reserve management plan (for most types of reserves held under the Act)

· will provide a policy framework to manage use, protection and development of parks within the local board area.

13. The local board approved the draft plan for public notification on 18 August 2022. Notification triggers a two-month consultation period followed by the opportunity for submitters to speak to their submission at a hearing.

14. Public consultation on the draft plan closed on 15 November 2022 and a decision is now required from the local board on establishing the hearings panel.

15. The timeline below gives an overview of key decisions in developing the draft plan:

Engagement with mana whenua occurred throughout development of plan

Tātaritanga me ngā tohutohu

Analysis and advice

Hearings and decision-making on the plan

16. The local board can determine how to conduct the hearings process under section 41(10) of the Reserves Act 1977.

17. The local board can choose whether the full local board, some members and/or independent commissioners will hear submissions and make decisions on the final plan.

18. The table below describes the various options for the composition of a hearings panel and the decision making for the final plan (see Attachment A for the full description of options and the options assessment).

Option	Description
Option 1 - Local board only	The full local board hears submissions and makes decision on the management plan.
Option 2 - Local board panel with an independent commissioner as chair	The local board appoints a commissioner to chair a panel comprising of all or some of the local board to hear the submissions and make recommendations to the local board on required amendments to the draft plan following hearings. The local board would then make the decision on whether to support the recommendations.
Option 3 - Independent commissioners hear submissions and make recommendations to the local board	The local board appoints an independent panel comprising two commissioners to hear and consider the submissions and make recommendations to the local board. The local board would make the decision whether to support the recommendations.
Option 4 - Appoint a committee to hear submissions and make decisions	The local board appoints a committee and delegates the decision-making on the management plan to that committee. The committee would have a minimum of three members, at least one of whom is a member of the local board, and an independent commissioner. The committee would hear submissions and make decisions on the management plan.

19. All options except option 1 involve the use of commissioners.

20. The council uses commissioners in a variety of situations, to provide varying levels of independent consideration of submissions and decision-making, or where there is the need for specialist or independent advice such as the Reserves Act 1977 or te ao Māori.

21. Under options 2 to 4, commissioners with knowledge and experience of the Reserves Act 1977 and te ao Māori could assist in guiding the decision-making for the draft plan.

22. In assessing which of the above options to recommend, staff have considered the following factors:

· retaining local knowledge, input and decision-making in hearing submissions and approving the final plan,

· ensuring Reserves Act 1977 expertise on the panel,

· ensuring a level of independence during the hearings process,

· cost.

Option 2 is recommended

23. Based on the assessment of options staff recommend option 2, with the local board appointing a panel, consisting of three local board members and an independent commissioner, to:

· hear objections and submissions from submitters on the draft plan

· make recommendations to the local board about:

o on amendments to the draft plan following the hearings process, and

o the extent to which objections and submissions are allowed or accepted or disallowed or not accepted

24. The decision to approve the final Upper Harbour Local Parks Management Plan remains with the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

25. The decisions in this report are administrative and are not directly impacted by the effects of climate change or have direct impacts on greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. The Hearings team provided specialist advice for this report and will support the hearings process for the draft plan.

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

Local impacts and local board views

27. The options for appointing a hearings panel, including an independent commissioner, were considered by the local board at a workshop on 17 November 2022.

Tauākī whakaaweawe Māori

Māori impact statement

28. The Reserves Act 1977 is one of the Acts in the First Schedule to the Conservation Act 1987. In performing functions and duties under the Reserves Act 1977, the local board must give effect to the principles of the Treaty of Waitangi / te Tiriti o Waitangi.

29. Mana whenua were involved in the development of the draft plan and were notified that the draft plan was open for submissions.

30. The hearings panel could choose to consult with mana whenua during the hearings process if any issues raised by submitters are of interest to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

31. The cost for one independent commissioner on the hearing panel can be met from existing Hearings team operational budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. The following table outlines relevant risks and mitigations.

Risk	Mitigation
Independent commissioner appointed through resolution of the local board is unavailable	Delegate to the local board chair and deputy chair the power to select an independent hearings commissioner (recommended). Or Appoint two independent commissioners, one as chair and the other as an alternative chair. Delegate power to the local board chair to appoint replacements if required.
Perceived lack of independence if hearing panel consists only of local board	Include an independent commissioner to chair the hearing panel as per option 2 (recommended).
Perceived lack of local knowledge if hearing panel consists of only independent commissioners	Include some or all of the local board members on the hearing panel as per option 2 (recommended).

Ngā koringa ā-muri

Next steps

33. Subject to making the decisions as outlined in this report, the chairperson and deputy chairperson will receive a shortlist of commissioners with the required expertise to select from.

34. It is anticipated that a hearing will be held in February/March 2023. The hearings panel will receive a summary of submissions and hearings report prior to the hearings. Hearings will be followed by deliberations.

35. The hearings panel will make recommendations on submissions to the local board. The local board will make the decision on the final plan which is anticipated to be in May/June 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Options for hearing and decision-making on final plan	33

Ngā kaihaina

Signatories

Authors

Jessica Morris - Service and Asset Planner

Authorisers

Justine Haves - General Manager Regional Services Planning, Investment and Partnership

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

24 November 2022

Adoption of a business meeting schedule

File No.: CP2022/15567

Te take mō te pūrongo

Purpose of the report

1. To adopt the Upper Harbour Local Board meeting schedule for the period 1 February 2023 to 30 September 2025.

Whakarāpopototanga matua

Executive summary

2. The Local Government Act 2002 (LGA 2002) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules. In particular, clause 19, Schedule 7 of the LGA 2002 on general provisions for meetings requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Sections 46, 46A and 47 in Part 7 of LGOIMA require that meetings are publicly notified, agendas and reports are available at least two working days before a meeting, and that local board meetings are open to the public.

3. Adopting a business meeting schedule helps with meeting these requirements. It also allows for a planned approach to workloads and ensures that local board members have clarity about their commitments.

4. A draft meeting schedule for the period 1 February 2023 to 30 September 2025 has been developed and considered the following:

· Frequency: One business meeting per month (excluding January) is sufficient for formal business to be considered. There are some instances for which the local board may need to have additional meetings for important decisions such as local board plans, local board agreements or to provide input into regional strategies, policies and plans. Local board meeting schedules will be updated with any additional meetings once those details are confirmed. Outside of its scheduled meetings, local boards can call extraordinary and/or emergency meetings as and when required.

· Timing: The standard practice in previous terms is to hold the monthly ordinary meeting in the final half of the month (weeks three or four) which enables local boards to prepare for any workshop items for these meetings in the first half of the month.

· Other matters: Commencing the business meeting during business hours will enable meetings to be productive, maximise access to staff and ensures best use of resources. Having the meetings in a set location ensures consistency and ability to use technology that is built into council facilities as required. This can include the use of screens, speakers and Wi-Fi connections that enable remote attendance.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) adopt the business meeting schedule outlined below for the period 1 February 2023 to 30 September 2025.

YEAR	DAY	DATE	START TIME	VENUE
2023	Thursday	23 February	9:30am	Upper Harbour Local Board office
	Thursday	23 March
	Thursday	27 April
	Thursday	25 May
	Thursday	22 June
	Thursday	27 July
	Thursday	24 August
	Thursday	28 September
	Thursday	26 October
	Thursday	23 November
	Thursday	7 December

2024	Thursday	22 February
	Thursday	28 March
	Thursday	18 April
	Thursday	23 May
	Thursday	27 June
	Thursday	25 July
	Thursday	22 August
	Thursday	26 September
	Thursday	24 October
	Thursday	28 November
	Thursday	5 December

2025	Thursday	27 February
	Thursday	27 March
	Thursday	24 April
	Thursday	22 May
	Thursday	26 June
	Thursday	24 July
	Thursday	28 August
	Thursday	25 September

b) note that the business meeting scheduled for Thursday 18 April 2024 occurs in the third week of the month to avoid a clash with ANZAC day on Thursday 25 April 2024.

c) adopt two recess weeks a year on the following dates:

i) 10 - 14 April 2023 and 2 - 6 October 2023

ii) 22 – 26 April 2024 and 30 September 2024 – 4 October 2024

iii) 14 – 18 April 2025 and 29 September 2025 – 3 October 2025.

d) delegate to the chairperson to make changes to the approved recess weeks where required, in consultation with the local board.

e) note the dates and times for business meetings to make decisions on local board plans and local board agreements are yet to be scheduled.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Max Wilde - Democracy Advisor (Upper Harbour Local Board)

Authorisers

Louise Mason - General Manager Local Board Services

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

24 November 2022

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

File No.: CP2022/15568

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. The Local Board Delegation 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.

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 Upper Harbour 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 on local parks and local facilities that also require regulatory approval

c) tuhi ā-taipiopito / note that Screen Auckland will be consulting the nominated contact on high impact film shoot permit applications only as agreed by the local board at the August 2022 business meeting (resolution number UH/2022/88)

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

e) 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

f) kopou / appoint a representative, and an alternate, to meetings of the Local Government New Zealand Auckland Zone and to take the lead on matters relating to this forum

g) 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

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 Local Board Delegation Protocols (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.

21. The previous local board agreed to take part in a 12-month pilot of a fast-track approach to filming approval consultation. During the pilot period, local boards who are participating have agreed to waive the requirement for staff consultation for low and medium impact film shoot permit applications. Decisions on these applications will be made by staff and the local board nominated contact will be informed ahead of these activities taking place (resolution number: UH/2022/88)

Events

22. 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.

23. 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.

24. 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

25. 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.

26. 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).

27. 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.

28. 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.

29. 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

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

31. 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).

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

33. 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.

34. 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.

35. 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.

36. 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.

Local Government New Zealand/Auckland Zone

37. 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.

38. 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.

39. 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).

40. 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

41. 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.

42. 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.

43. 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

44. 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

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

46. 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

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

Ngā ritenga ā-pūtea

Financial implications

48. 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

49. 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.

50. 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.

51. 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

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

53. 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.

54. 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

Authorisers

Louise Mason - General Manager Local Board Services

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

24 November 2022

Appointments to external organisations

File No.: CP2022/15564

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)). Local board 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. As set out in Attachment A there is only one organisation that the Upper Harbour Local Board have this arrangement with and that is Rosedale Park Sports Charitable Trust. Local boards are being asked to make appointments to these organisations at this time.

5. Local boards are also collectively required to appoint a single representative (to represent all 21 local boards) to the Local Government New Zealand 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 Upper Harbour Local Board:

a) kopou / appoint a representative and alternate to Rosedale Park Sports Charitable Trust 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 Local Government New Zealand 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.

Local Government New Zealand (LGNZ) National Council

10. 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.

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

12. 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.

13. 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

14. 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.

15. 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.

Tātaritanga me ngā tohutohu

Analysis and advice

16. 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

17. 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.

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

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

Managing conflicts of interests

20. 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.

21. 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.

22. 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.

23. 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

24. 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

25. 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

26. 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

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

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

29. 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

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

31. 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

32. 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

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

34. 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

35. 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.

36. 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

37. 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.

38. 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 ⇩	External organisations list	53

Ngā kaihaina

Signatories

Authors

Shirley Coutts - Principal Advisor - Governance Strategy

Authorisers

Louise Mason - General Manager Local Board Services

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

24 November 2022

Arrangements for making urgent decisions

File No.: CP2022/15566

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 Upper Harbour 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, if the local board is unable to meet.

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 2002) provides that a local authority must hold the meetings it needs for the good governance of its area.

7. The LGA 2002 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 2002 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 2002).

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 2002 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 2002)

· 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 2002)

· considering the views and preferences of people likely to be affected by, or have an interest in, the decision (s 78 LGA 2002).

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

Authorisers

Louise Mason - General Manager Local Board Services

Lesley Jenkins - Local Area Manager