I hereby give notice that an ordinary meeting of the Kaipātiki Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 16 November 2022

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Erica Hannam

 

 

Melanie Kenrick

 

 

Tim Spring

 

 

Dr Janet Tupou

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Gweshe

Democracy Advisor

 

10 November 2022

 

Contact Telephone: (09) 484 6236

Email: jacinda.gweshe@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Kaipātiki Local Board

16 November 2022

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Welcome                                                                                   5

2          Apologies                                                                                 5

3          Declaration of Interest                                          5

4          Confirmation of Minutes                                                         5

5          Leave of Absence                                                                    5

6          Acknowledgements                                              6

6.1     David Innes                                                  6

7          Petitions                                                                 6

8          Deputations                                                           6

8.1     Northart                                                        6

9          Public Forum                                                                            7

10        Extraordinary Business                                       7

11        Local board appointments and delegations for the 2022-2025 electoral term                               9

12        Arrangements for making urgent decisions   17

13        Kaipātiki Local Board Chairperson's Report   21

14        Members' Reports                                              23

15        Governing Body and Independent Māori Statutory Board Members' Update                   27

16        Hōtaka Kaupapa – Policy Schedule                 29

17        Consideration of Extraordinary Items

 


1          Welcome

Text

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2          Apologies

 

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

 

3          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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

i)           A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii)          A non-financial conflict of interest, which does not have a direct personal financial component.  It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

 

4          Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)          confirm the extraordinary minutes of its meeting, held on Wednesday, 26 October 2022, as true and correct.

 

5          Leave of Absence

 

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


 

6          Acknowledgements

 

6.1       David Innes

Te take mō te pūrongo

Purpose of the report

1.       To acknowledge the passing of prominent local Kaipātiki resident David Innes on Saturday 15 October 2022 and express its sincere condolences to the Innes family.

Whakarāpopototanga matua

Executive summary

2.       David Innes was a widely respected member of the community and founded Kaipātiki Sounds. This is an annual event showcasing performances from Northcote, Birkenhead, and Glenfield Colleges.

3.       David was also the Chairperson of Kaipātiki Public Arts Trust and was Executive Director of CAANZ (Commercial Communications Council).

4.       The Kaipātiki Local Board would like to acknowledge the passing of David Innes and express its sincere condolences to the Innes family. 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      acknowledge the passing of David Innes and express its sincere condolences to the Innes family.

 

 

7          Petitions

 

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

 

8          Deputations

 

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

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this deputation is to update the Kaipātiki Local Board regarding Northart.

Whakarāpopototanga matua

Executive summary

2.       Lindsay Waugh, Elected Member of Northart, will be in attendance to address the board on this item.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the deputation from Northart and thank Lindsay Waugh for her presentation.

 

 

9          Public Forum

 

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

 

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

 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Kaipātiki Local Board

16 November 2022

 

 

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

File No.: CP2022/15493

 

  

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 Kaipātiki 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 in line with the ‘film-friendly’ direction in the Auckland Film Protocols, but 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); and

·        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 (resolution number 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 (resolution number 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.

Delegation to chairperson – selection of shared representatives

36.     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.

37.     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.

38.     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

39.     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

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

41.     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

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

Ngā ritenga ā-pūtea

Financial implications

43.     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

44.     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 Chairperson, in addition to their existing duties.

45.     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.

46.     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

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

48.     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.

49.     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

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Arrangements for making urgent decisions

File No.: CP2022/15490

 

  

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 (or his / her delegate) 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 Kaipātiki 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 such 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, which are 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 under 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; and

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, which 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

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2022/15322

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Members' Reports

File No.: CP2022/15324

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the written report from Member Melanie Kenrick.

b)      note any verbal reports of members.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 November 2022 - Kaipātiki Local Board Business Meeting - Melanie Kenrick Member's Report November 2022

25

     

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Text, letter

Description automatically generated

Text, letter

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Kaipātiki Local Board

16 November 2022

 

 

Governing Body and Independent Māori Statutory Board Members' Update

File No.: CP2022/15326

 

  

 

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Independent Māori Statutory Board members to update the board on Governing Body or Independent Māori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Independent Māori Statutory Board members’ verbal updates.

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Hōtaka Kaupapa – Policy Schedule

File No.: CP2022/15548

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the board for 2022 and an overview of workshops scheduled for the month ahead.

Whakarāpopototanga matua

Executive summary

2.       The Hōtaka Kaupapa – Policy Schedule (previously named Governance Forward Work Calendar) was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local board’s governance role by:

·    ensuring advice on meeting agendas is driven by local board priorities;

·    clarifying what advice is expected and when; and

·    clarifying the rationale for reports.

3.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The December 2022 Hōtaka Kaupapa – Policy Schedule for the Kaipātiki Local Board is provided as Attachment A to the agenda report.

5.       The November - December 2022 workshop forward work plan for the Kaipātiki Local Board is provided as Attachment B to the agenda report. Scheduled items may change at short notice depending on the urgency of matters presented to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Kaipātiki Local Board December 2022 Hōtaka Kaupapa – Policy Schedule and November – December 2022 workshop forward work plan.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 November 2022 - Kaipātiki Local Board Business Meeting - December 2022 Hōtaka Kaupapa – Policy Schedule

31

b

16 November 2022 - Kaipātiki Local Board Business Meeting - November-December 2022 workshop forward work plan

33

     

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 

 


Kaipātiki Local Board

16 November 2022

 

 

Table

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Kaipātiki Local Board

16 November 2022

 

 

Table

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