I hereby give notice that an ordinary meeting of the Ōtara-Papatoetoe Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 6 December 2022 5.00pm Woodside Room |
Ōtara-Papatoetoe Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Apulu Reece Autagavaia |
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Deputy Chairperson |
Dr Ofa Dewes |
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Members |
Dr Ashraf Choudhary, QSO, JP |
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Topou Folau |
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Vi Hausia |
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Albert Lim |
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Swanie Nelson |
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(Quorum 4 members)
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Carol McGarry Democracy Advisor
30 November 2022
Contact Telephone: +64 27 591 5024 Email: carol.mcgarry@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Ōtara-Papatoetoe Local Board 06 December 2022 |
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1 Nau mai | Welcome 5
2 Ngā Tamōtanga | Apologies 5
3 Te Whakapuaki i te Whai Pānga | Declaration of Interest 5
4 Te Whakaū i ngā Āmiki | Confirmation of Minutes 5
5 He Tamōtanga Motuhake | Leave of Absence 5
6 Te Mihi | Acknowledgements 5
7 Ngā Petihana | Petitions 5
7.1 Petition - Request for Night Security in the Ōtara Town Centre 5
8 Ngā Tono Whakaaturanga | Deputations 6
8.1 Deputation - Warriors Community Foundation 6
8.2 Deputation - Puhinui Road community impacted by proposed Rapid Rail corridor 6
8.3 Deputation - Papatoetoe Historical Society Incorporated 7
9 Te Matapaki Tūmatanui | Public Forum 7
9.1 Public Forum - Aorere Park 7
10 Ngā Pakihi Autaia | Extraordinary Business 8
11 Governing Body member Update 9
12 Board Members' Report 11
13 Chairperson's Announcements 13
14 Local Board feedback on Auckland Unitary Plan changes 78-83 15
15 Ōtara-Papatoetoe Quick Response round one 2022/2023 grant allocations 29
16 Local board appointments and delegations for the 2022-2025 electoral term 37
17 Appointments to external organisations 47
18 Social Impact Fund Allocation Committee - re-establish a local board joint committee to make appointments 55
19 Auckland Council’s Performance Report: Ōtara-Papatoetoe Local Board for quarter one 2022/2023 61
20 Arrangements for making urgent decisions 113
21 Adoption of a business meeting schedule 117
22 Hōtaka Kaupapa / Governance Forward Work Calendars 121
23 Record of Ōtara-Papatoetoe Local Board Workshop Notes 125
24 Annual Budget 2023/2024 - feedback on regional topic for consultation (Covering report) 133
25 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
1 Nau mai | Welcome
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 Ōtara-Papatoetoe Local Board: a) confirm the minutes of its inaugural meeting, held on Tuesday, 1 November 2022, as true and correct. |
5 He Tamōtanga Motuhake | Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Te Mihi | Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Ngā Petihana | Petitions
7.1 Petition - Request for Night Security in the Ōtara Town Centre |
Te take mō te pūrongo Purpose of the report 1. Poto Turu will be in attendance to present the petition requesting patrolling security in the Ōtara Town Centre at night between the hours of 9pm and 6am. Whakarāpopototanga matua Executive summary 2. A petition will be presented from the residents/business owners of Ōtara to the Ōtara-Papatoetoe Local Board to provide patrolling security in the Ōtara Town Centre at night between the hours of 9pm and 6am. 3. The petition is signed by 423 signatures.
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Ngā tūtohunga Recommendation/s That the Ōtara-Papatoetoe Local Board: a) whiwhi / receive the petition from Poto Turu on behalf of the residents and businesses in Ōtara requesting patrolling security in the Ōtara Town Centre at night between the hours of 9pm and 6am.
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Attachments a Petition page 1.................................................................. 139 |
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 Ōtara-Papatoetoe 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.
Te take mō te pūrongo Purpose of the report 1. Lincoln Jefferson, Chief Executive Officer for the Warriors Community Foundation will be in attendance to talk to the board about the Warriors Community Foundation and the work they do to tackle social issues with programmes and community initiatives that support mental health, anti-bullying, literacy and other wellbeing skills that support success for our tamariki, rangatahi and whānau.
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Ngā tūtohunga Recommendation/s That the Ōtara-Papatoetoe Local Board: a) whakamihi / thank Lincoln Jefferson from the Warriors Community Foundation for his attendance and presentation.
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Attachments a Warriors Community Foundation presentation.................... 141 |
Te take mō te pūrongo Purpose of the report 1. Jenny Clark from the Papatoetoe Historical Society will be in attendance to present an update to the board.
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Ngā tūtohunga Recommendation/s That the Ōtara-Papatoetoe Local Board: a) whakamihi / thank Jenny Clark from the Papatoetoe Historical Society for her attendance and presentation.
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Attachments a Papatoetoe Historical Society Incorporated - presentation.. 179 |
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.
Te take mō te pūrongo Purpose of the report1. Albert Scott will be in attendance to speak to the board on behalf of the Aorere Park Residents Group, to highlight their progress as a community group, issues with users, and levels of service.
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Ngā tūtohunga Recommendation/s That the Ōtara-Papatoetoe Local Board: a) whakamihi / thank Albert Scott on behalf of the Aorere Park Residents Group for his attendance and public forum presentation.
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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.”
Ōtara-Papatoetoe Local Board 06 December 2022 |
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File No.: CP2022/16085
Te take mō te pūrongo
Purpose of the report
1. A period of time (10 minutes) has been set aside for the Manukau Ward Councillors to have an opportunity to update the Otara-Papatoetoe Local Board on regional matters.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) whiwhi / receive the verbal reports from the Manukau Ward Councillors.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Ōtara-Papatoetoe Local Board 06 December 2022 |
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File No.: CP2022/16084
Te take mō te pūrongo
Purpose of the report
1. Providing board members with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) whiwhi / receive the board members’ written and verbal reports.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Ōtara-Papatoetoe Local Board 06 December 2022 |
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File No.: CP2022/16083
Te take mō te pūrongo
Purpose of the report
1. This item gives the chairperson an opportunity to update the board on any announcements.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) whiwhi / receive the chairperson’s verbal update.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Ōtara-Papatoetoe Local Board 06 December 2022 |
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Local Board feedback on Auckland Unitary Plan changes 78-83
File No.: CP2022/16270
Te take mō te pūrongo
Purpose of the report
1. To seek feedback from the local board on Auckland Council’s notified plan changes and variations that implement:
· the National Policy Statement on Urban Development 2020 (NPS-UD)
· amendments to the Resource Management Act 1991 (RMA) requiring medium density residential standards (MDRS) be incorporated
· additions and amendments to the Historic Heritage and Notable Tree Schedules.
2. To provide an overview of submissions received from 18 August to 29 September 2022 on the council’s plan changes and variations.
Whakarāpopototanga matua
Executive summary
3. Decision-makers on the Auckland Unitary Plan (AUP) must consider local boards’ views on plan changes and variations if local boards choose to provide their views. This report is the mechanism for the local board to resolve and provide its feedback on the plan changes and variations that seek to implement the NPS-UD and RMA requirements.
4. The council’s response to the NPS-UD and RMA amendments are set out in plan changes 78-83 (PC 78–83) and in variations 4 and 5:
· PC 78 is the council’s intensification plan change, and is the main one that implements the NPS-UD and the RMA amendments
· PC 79 amends the AUP transport provisions to manage effects of intensification on the transport network. It includes provisions for pedestrian safety, lighting and electric vehicle re-charging stations for multi-unit development
· PC 80 amends the AUP’s Regional Policy Statement to align it with the NPS-UD
· PC 81 adds buildings to the AUP’s historic heritage schedule (Schedule 14)
· PC 82 amends details in the AUP historic heritage schedule (Schedule14), mainly by enlarging or reducing the size of historic places already scheduled
· PC 83 adds new notable trees and corrects errors in the AUP schedule of notable trees (Schedule 10)
· variation 4 relates to rezoning of some areas of open space already proposed to be re-zoned to residential land
· variation 5 relates to a site-specific rezoning (at Schnapper Rock Road in Greenhithe).
5. Some amendments to the AUP are mandatory. The council must change the AUP to implement the NPS-UD and amendments to the RMA. The NPS-UD also allows the council to make decisions on some other matters to help shape Auckland’s well-functioning urban environment. These include:
i) the size of walkable catchments, where enabling buildings of six storeys or more is required. These are the areas around the city centre, rapid transit stops, and the ten metropolitan centres (Albany, Takapuna, Westgate, Henderson, New Lynn, Newmarket, Sylvia Park, Manukau, Botany and Papakura)
ii) the building heights and density of urban form to enable residential development within and next to neighbourhood centres, local centres, and town centres
iii) The “qualifying matters” that will apply in some areas of Auckland that may allow the council to modify (or limit) the required building heights and density to the extent necessary to accommodate the qualifying matters.
6. Central government has identified potential qualifying matters in NPS-UD and RMA amendments. The council has included other ‘qualifying matters’ in PC 78 that are important for Auckland.
7. The plan changes and variations were open for submission over a six-week period, concluding on 29 September 2022. Submissions have now been coded and summarised, and further submissions may be lodged from 24 November to 8 December 2022. Further submissions can be made in support or opposition to an original submission but cannot introduce new matters.
8. Preliminary analysis of submissions identified these themes:
a) support and opposition to the zoning changes proposed
b) support or opposition for the extent of walkable catchments and related height/intensification
c) opposition to how qualifying matters have been applied, including opposition from large-scale developers to the application of the new Residential Low-Density zone as the way that some qualifying matters are implemented
d) support and opposition to special character as a qualifying matter
e) support for water and wastewater infrastructure as a qualifying matter in some locations e.g. Whangaparāoa, and opposition to this qualifying matter where landowners seek rezoning that increases the density of development on their site(s)
f) requests to rezone and apply MDRS to land in the light rail corridor which is excluded from PC 78.
9. Local boards are now invited to provide feedback on the council’s plan changes and variations which will be provided to the independent hearings panel for its consideration. These views must be the subject of a local board resolution.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) provide feedback on PC 78, PC 79, PC 80, PC 81, PC 82, and PC 83
b) provide feedback on variations 4 and 5
c) appoint a local board member to speak to the local board views at a hearing in 2023
d) delegate authority to the chairperson of the local board to make a replacement appointment in the event the local board member appointed in resolution c) is unable to attend the hearing.
Horopaki
Context
10. The NPS-UD and RMA amendments require that a proposed intensification plan change be notified by 20 August 2022. The Planning Committee and local board chairs (or their delegates) attended workshops and meetings throughout 2021 and 2022. Since October 2021, local boards and mana whenua have contributed to the development of the PCs 78-83, resulting in the approval of six plan changes and two variations to the AUP.
Decision-making authority
11. Each local board is responsible for communicating the interests and preferences of people in its area about the content of Auckland Council’s strategies, policies, plans, and bylaws. Local boards provide their views on the content of these documents. If the local board chooses to provide its views, those views will be provided in writing to the independent hearings panel.
12. Decision-makers must consider local boards’ views when deciding the content of these policy documents (as required by sections 15-16 Local Government (Auckland Council) Act 2009). PCs 78-83 and variations 4 and 5 will be included in the AUP, if approved.
13. An amendment to the RMA created a different hearings process for PC 78 and variations 4 and 5. The independent hearing panel makes recommendations to council about these. For PCs 79-83, the hearings panel is delegated responsibility to make the decisions on these, without reference back to council.
14. Local board members may then present the local board’s views at the hearing of the plan changes by the independent hearings panel. Local board views will be considered when the council makes decisions on the recommendations for PC 78 and Variations 4 and 5.
15. This report provides an overview of the plan changes and variations, and a preliminary summary of submissions’ key themes. Local board views must be the subject of a local board resolution(s) if those views are provided to the panel.
Tātaritanga me ngā tohutohu
Analysis and advice
16. Local board feedback on PCs 78-83 and variations 4 and 5 is now sought through resolutions at this meeting. This feedback will be forwarded to the independent hearings panel for its consideration.
17. Plan change provisions over which council has some discretion include the following key matters in PC78:
i) the extent of walkable catchments from the edges of the city centre and metropolitan centres and around rapid transit network stops (as required under NPS-UD Policy 3(c))
ii) the approach to, and extent of, intensification of areas within and adjacent to town, local and neighbourhood centres (as required under NPS-UD Policy 3(d))
iii) the selection of, and approach to, “any other qualifying matters” that limit the height and density that would otherwise be required by the NPS-UD Policy 3 and/or the medium density residential standards that must be applied to Auckland’s relevant residential zones.
18. Submissions were received on plan change matters that are mandatory in the NPS-UD and RMA amendments. Mandatory matters include the introduction of walkable catchments, the enablement of six storey buildings in all zones in walkable catchments, and the incorporation of MDRS in all “relevant residential zones” (Terrace Housing and Apartment Buildings zone, Mixed Housing Urban and Low-Density zone) outside walkable catchments. As these matters are mandatory, the independent hearings panel will be unable to recommend changes in response to these submissions.
19. All submissions have been numbered, organised and allocated to topics in the summary of decisions requested to enable evaluation and assessment by staff and the public. This information is available to local boards via the Auckland Unitary Plan webpage when it is publicly notified from 5 December 2022. It will also be provided to the independent hearings panel to assist the panel with understanding the public’s view of the council’s plan changes and variations, and with formulating arrangements for hearings in 2023. Table 1 provides the numbers of submissions received.
Table 1 Submissions received on PC 78 and related changes
Plan change number |
Plan change name |
Number of submissions received |
Spatial application of the plan change |
78 |
Intensification |
2398 |
All Auckland except Hauraki Gulf Islands |
79 |
Amendments to the Transport Provisions |
128 |
All Auckland except Hauraki Gulf Islands |
80 |
Regional Policy Statement Well-Functioning Urban Environment, Resilience to the Effects of Climate Change and Qualifying Matters |
88 |
All Auckland |
81 |
Additions to Schedule 14 Historic Heritage Schedule |
53 |
Various locations, see Attachment A |
82 |
Amendments to Schedule 14 Historic Heritage Schedule |
33 |
Various locations, see Attachment A |
83 |
Additions and amendments to Schedule 10 Notable Trees Schedule |
25 |
Various locations, see Attachment A |
Variation 4 to PC60 |
Open Space and Other Rezoning Matters |
12 |
Various locations, see Attachment A |
Variation 5 to PC66 (Private) |
57 and 57a Schnapper Rock Road |
5 |
Greenhithe, see Attachment A Upper Harbour Local Board |
Tauākī whakaaweawe āhuarangi
Climate impact statement
20. Objective 8 and Policy 1 of the NPS-UD set out a policy framework that signals the need for decisions under the RMA to reduce emissions and improve climate resilience.
21. This framework is in line with the ‘built environment’ priority of Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which has a goal of achieving “A low carbon, resilient built environment that promotes healthy, low impact lifestyles”. The plan states that:
“To move to a low carbon and resilient region, climate change and hazard risks need to be integral to the planning system that shapes Auckland. Integrating land-use and transport planning is vital to reduce the need for private vehicle travel and to ensure housing and employment growth areas are connected to efficient, low carbon transport systems.”
22. Implementing the NPS-UD will enable additional residential intensification to occur in areas where jobs, services and amenities can be easily accessed by active modes and public transport. This will contribute to reducing greenhouse gas emissions and the more efficient use of land will reduce growth pressures in areas more susceptible to the effects of climate change. In some places, applying the MDRS required under the RMA amendments will also achieve this outcome. However, a key aspect of the council’s submission on the RMA amendments was that enabling three-storey medium density housing across Auckland’s urban environment, is likely to result in a greater number of people living in areas where it is extremely difficult to provide a high level of public transport service.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
23. All relevant council departments and some Council Controlled Organisations contributed to preparing the council’s plan changes to implement the NPS-UD and the RMA amendments. Auckland Transport and Watercare will have an ongoing role during the hearings, contributing to the council’s evidence presented to the independent hearings panel. Eke Panuku is a submitter, and so is not part of the council team that will prepare and present evidence to the independent hearings panel.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
24. Local boards were briefed in October and November 2021 on the implications of the NPS-UD and local board chairs were invited to the series of Planning Committee workshops run in 2022 on the NPS-UD. Local boards also received a detailed briefing on the council’s preliminary response in March and May 2022.
25. Although not local board views, as these require a business meeting resolution, the following local boards provided local board input to Planning Committee regarding the government’s intensification directives:
· Ōrākei Local Board presented on the Resource Management (Enabling Housing and Others Matter) Bill on 4 November 2021, and on the National Policy Statement on Urban Development on 31 March 2022
· Albert-Eden, Devonport-Takapuna, Henderson-Massey, Kaipātiki, Mangere-Ōtāhuhu, Ōrākei, Puketāpapa, Waitematā, and Whau Local Boards all presented to the Planning Committee on NPS UD on 30 June 2022
· Manurewa Local Board presented regarding provision and protection of green space where intensification is planned on 4 August 2022, the meeting where the plan changes were approved for notification.
26. Factors the local board may wish to consider in formulating its view:
· interests and preferences of people in the local board area
· well-being of communities within the local board area
· local board documents, such as the local board plan and local board agreement
· responsibilities and operation of the local board.
Tauākī whakaaweawe Māori
Māori impact statement
Context
27. Auckland Council has obligations under Te Tiriti o Waitangi and council’s Significance and Engagement Policy to take special consideration when engaging with Māori and to enable Māori participation in council decision-making to promote Māori well-being. The Schedule of Issues of Significance is a statutory document that guides the Independent Māori Statutory Board’s advocacy to Auckland Council, local boards, and Council-Controlled Organisations, for and on behalf of Māori in Tāmaki Makaurau.
28. If the local board chooses to provide its views on the plan changes it includes the opportunity to comment on matters that may be of interest or importance to Māori People, well-being of Māori communities or Te Ao Māori (Māori worldview). More than 180,000 Aucklanders identify as Māori, as at the time of the 2018 census.
Potential impact of plan changes and variations for Māori
29. The NPS-UD provides for the interests of Māori through intensification to increase housing supply, alongside its identification of qualifying matters. The widespread intensification sought by the NPS-UD has the potential to affect Māori both negatively and positively. This includes with respect to culturally significant sites and landscapes, Treaty settlement redress land, the urban form as it reflects mātauranga Māori and accessibility, and Māori facilities where customs and traditions are observed (such as marae).
30. None of the plan changes or variations trigger an issue of significance as identified in the Schedule of Issues of Significance or Māori Plan (2017, Independent Māori Statutory Board).
Māori involvement and feedback
31. The relevant qualifying matters set out in the NPS-UD and RMA amendments include matters of national importance that decision-makers are required to recognise and provide for under section 6 of the RMA 1991, and matters necessary to implement, or to ensure consistency with, iwi participation legislation.
32. Policy 9 of the NPS-UD sets out requirements for local authorities as follows:
“Local authorities, in taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in relation to urban environments, must:
a) involve hapū and iwi in the preparation of RMA planning documents and any FDSs by undertaking effective consultation that is early, meaningful and, as far as practicable, in accordance with tikanga Māori; and
b) when preparing RMA planning documents and FDSs, take into account the values and aspirations of hapū and iwi for urban development; and
c) provide opportunities in appropriate circumstances for Māori involvement in decision-making on resource consents, designations, heritage orders, and water conservation orders, including in relation to sites of significance to Māori and issues of cultural significance; and
d) operate in a way that is consistent with iwi participation legislation.”
33. Policy 9 directs the council to involve iwi and hapū in the NPS-UD, during the preparation of planning documents, and to take into account the values and aspirations of hapū and iwi for urban development in the region. In the context of the NPS-UD, the council must involve mana whenua and mataawaka within the region.
34. Individual and collective engagement raised key themes relating to matters like the protection of scheduled and known cultural heritage and managing potential interface effects from new development with existing marae. This is supported by research undertaken by the council team in advance of these discussions with mana whenua. This has drawn on a wide range of council documents and publicly available information.
35. Common themes shared in hui include:
a) universal access to be provided in residential design for less able whānau members
b) access to open space for health and wellbeing
c) safe and connected whānau and communities
d) avoiding development in areas poorly served by infrastructure
e) access to affordable housing options
f) maintaining access to customary activities e.g. waka launching, kaimoana gathering
g) protection of Māori sites and places of cultural significance. Maintaining precincts that protect cultural values or are otherwise culturally sensitive (such as Ihumātao)
h) avoiding negative effects of intensive residential development on established cultural activities/facilities (such as marae)
i) provisions for Kohanga reo and Kura Kaupapa Māori in urban areas
j) use of Māori design concepts in the development of commercial centres and in large residential developments
k) use of mātauranga and tikanga Māori in the management of resources
l) the support of measures to maintain and improve water quality, ecological areas, volcanic viewshafts, and the coastline.
m) avoiding exacerbating natural hazard risks
n) maintaining the cultural significance of the Waitākere Ranges Heritage Area
o) concern that Future Urban Zone land will be prematurely rezoned.
Ngā ritenga ā-pūtea
Financial implications
36. NPS-UD implementation has been progressing within existing budgets. However, the RMA amendments resulted in a significant increase in the scale and complexity of the project, without any changes to the NPS-UD implementation timeframes. This requires a greater than anticipated level of change to the AUP, for example there are changes proposed to more than 60 AUP chapters.
37. The financial impact of these changes will affect the current 2022-2023 financial year, and potentially the following year. While it is expected that additional costs in the current financial year can be met through a re-prioritisation of work programmes within the Chief Planning Office, further costs (primarily relating to operation of an independent hearings panel and engagement of specialists) may require re-prioritisation of other work programmes from across the council. Any impacts will be of a scale that will not affect the council’s overall financial position, nor affect any boards’ assets or operations.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
38. There is a risk that, due to timeframes, the local board will be unable to provide its views and preferences on the plan changes and variations if it doesn’t pass a resolution. This report provides:
· the mechanism for the local board to express its views and preferences
· the opportunity for a local board member to speak at the relevant hearings.
39. If the local board chooses not to pass a resolution at this business meeting, these opportunities are forgone.
40. The power to provide local board views regarding the content of a private plan change cannot be delegated to individual local board member(s) (see Local Government Act 2002, Sch 7, cls 36D). This report enables the whole local board to decide whether to provide its views and, if so, to determine what matters those views should include.
Ngā koringa ā-muri
Next steps
Local board views
Process for plan changes and variations
42. Staff continue to analyse the submissions received, and this analysis will be presented in evidence to the independent hearings panel during the hearing of submissions in 2023. A report to the Planning, Environment and Parks Committee will request a sub-group be established as decision-maker for policy shifts that may arise during the hearings (as decisions may be required more quickly than can be achieved by reporting to meetings in compliance with the Local Government Official Information and Meeting Act).
Attachments
No. |
Title |
Page |
a⇩ |
Local board areas in which changes are proposed for historic heritage or notable trees and variations |
23 |
Ngā kaihaina
Signatories
Authors |
Eryn Shields - Team Leader Regional, North West and Islands |
Authorisers |
John Duguid - General Manager - Plans and Places Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
06 December 2022 |
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Ōtara-Papatoetoe Quick Response round one 2022/2023 grant allocations
File No.: CP2022/16004
Te take mō te pūrongo
Purpose of the report
1. To fund, part-fund or decline applications received for the Ōtara-Quick Response round one 2022/2023.
Whakarāpopototanga matua
Executive summary
2. This report presents applications received in Ōtara-Papatoetoe Quick Response round one 2022/2023 as provided in Attachments B.
3. The Ōtara-Papatoetoe Local Board adopted its grants programme for 2022/2023 on 20 May 2022 (OP/2022/68) as provided in Attachment A. The document sets application guidelines for contestable community grants submitted to the local board.
5. Three Excellence Awards were funded for a total of $5,000. This left a total of $247,855 remaining available for two local grant and two quick response rounds.
6. The Local and Multiboard round one received a total 27 local grant applications and seven multiboard applications with a total of $221,604.35 requested. $70,211.75 was allocated leaving $177,643.25 remaining.
7. On 20 September 2022 an additional $45,400 was reallocated into the budget (OP/2022/141), leaving $223,043.25 remaining.
8. This round received a total 22 applications with a total of $39,798.45 requested.
Recommendation/s That the Ōtara-Papatoetoe Local Board: a) whakaae / agree to fund, part-fund or decline each application received as follows:
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Horopaki
Context
9. 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.
10. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme.
11. 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.
12. The Ōtara-Papatoetoe Local Board adopted its grants programme for 2022/2023 on 20 May 2022 (OP/2022/68) and will operate two quick response and two local grant rounds for this financial year. This includes the Ōtara-Papatoetoe Local Board Excellence Awards, which are open all year round (OP/2021/40).
13. 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 and workshops.
Tātaritanga me ngā tohutohu
Analysis and advice
14. 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.
Tauākī whakaaweawe āhuarangi
Climate impact statement
15. The local board grants programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups with projects that support community climate change action. Community climate action involves reducing or responding to climate change by local residents in a locally relevant way.
16. Local board grants can contribute to expanding climate action by supporting projects that reduce carbon emissions and increase community resilience to climate impacts. Examples of projects include local food production and food waste reduction, decreasing use of single-occupancy transport options, home energy efficiency and community renewable energy generation, local tree planting and streamside revegetation, and education about sustainable lifestyle choices that reduce carbon footprints.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
17. Based on the main focus of an application, a subject matter expert from the relevant department will provide input and advice. The main focus of an application is identified as arts, community, events, sport and recreation, environment or heritage.
18. 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
19. Local boards are responsible for the decision-making and allocation of local board community grants. The Ōtara-Papatoetoe 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.
20. Staff will provide feedback to unsuccessful grant applications so they will know what they can do to increase their chances of success next time.
Tauākī whakaaweawe Māori
Māori impact statement
21. The local board grants programme aims to respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Ngā Mātārae has provided input and support towards the development of the community grants processes.
Ngā ritenga ā-pūtea
Financial implications
22. This report presents applications received in Attachment B.
23. Relevant staff from Auckland Council’s Finance Department have been fully involved in the development of all local board work programmes including information in this report and have not identified any further financial implications.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
24. The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board’s programme. The assessment process has identified a low risk associated with funding the applications in this round.
Ngā koringa ā-muri
Next steps
25. Following the Ōtara-Papatoetoe Local Board allocation of funding for this round, staff will notify the applicants of the local board’s decision and facilitate payment of the grant.
Attachments
No. |
Title |
Page |
Otara Papatoetoe Local Board Grant Programme 2022 2023 (Under Separate Cover) |
|
|
Otara-Papatoetoe Quick Response round one 2022 2023 Application Summary (Under Separate Cover) |
|
Ngā kaihaina
Signatories
Author |
James Boyd - Grants Advisor |
Authorisers |
Pierre Fourie - Grants & Incentives Manager Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Local board appointments and delegations for the 2022-2025 electoral term
File No.: CP2022/15474
Te take mō te pūrongo
Purpose of the report
1. To recommend the local board 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 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.
Recommendation/s
That the Ōtara-Papatoetoe 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 Local Government New Zealand 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) kopou / appoint a representative, and an alternate, to the Manukau Harbour Forum joint committee
h) kopou / appoint a representative, and an alternate, to the Whakaoratangi i te Puhinui / Puhinui Regeneration Project Steering Group
i) kopou / appoint a representative, and an alternate, to the Ara Kōtui (formerly Māori input into local board decision-making political steering group)
j) tautapa / delegate decision making to award Pursuit of Excellence grants up to $2,000 per grant to a panel consisting of the Chair and Deputy Chair and one member as an alternate. The grants awarded under the delegation are reported at the following business meetings
k) 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 five 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 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 opt for a different location. Therefore, to meet council’s service level commitments, local boards are 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 be consulted, on behalf of the local board, on event applications that meet certain triggers. These triggers pertain to 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:
· complete or substantial closure of the public open space
· more than 500 people
· road closure
· liquor
· ticketed event.
22. The role of the local board’s events lead is to be the point of consultation for staff processing event permits on local parks. The lead’s responsibility is to:
· receive information about event application on a local park, when the above triggers are met
· provide views, if any, on how the event activity may impact the local park and local communities
· maintain a focus on governance matters noting that staff who maintain the park and undertake operational duties will be identifying any operational issues e.g. need for traffic management etc
· ensure reasons are given to support the views and that these are based on relevant and not irrelevant considerations
· respond in a timely manner (staff recommend nominated leads strive to provide feedback within 5 days, if possible)
· provide updates to the local board on their nominated lead activities as appropriate.
23. Staff are also required under the Protocols to notify the nominated local board member of areas relating to the event that may involve reputational, financial, performance or political risk and decisions to approve events on Council owned land in the local board area. The nominated lead will be the primary point of contact for these communications.
Liquor licence matters
24. The district licensing committees consider and grant or renew applications for liquor licences and manager’s certificates. When a business applies for a new liquor licence (on-licence, off-licence, club licence, or special licence) or a renewal, these applications are publicly notified.
25. The Governing Body has delegated to local boards the power to object to liquor licensing applications under the Sale and Supply of Alcohol Act 2012 (GB/2014/103).
26. Local boards have 15 working days from the date of a public notice of liquor licence applications (new or renewals) to provide an objection on the matter. The district licensing committee is required to convene a public hearing whenever an objection has been filed unless the application is withdrawn, the objector does not require a public hearing, or it believes that the objection is vexatious and based on grounds outside the scope of the Sale and Supply of Alcohol Act 2012.
27. As per the practice in previous terms, this report recommends delegating responsibility to an individual local board member to monitor public notices and lodge objections, if required, on time.
28. The nominated member’s authority extends to representing the local board at any public hearing that considers the local board’s objection. Where the nominated member is not available to attend a public hearing to speak to the local board’s objection, the alternate member or chairperson or other member agreed by the local board can represent the local board.
Input to resource consent matters
29. Decisions to grant resource consents are regulatory decisions of the council that sit with the Governing Body and are delegated to staff.
30. Governing Body has resolved that Local boards will be given the opportunity, within the statutory timeframes, to provide feedback, if any, on whether resource consent applications should be publicly notified (GB/2011/156).
31. Local Boards can also provide views on resource consent applications once they have been notified (and may speak to these views at hearings).
32. Resource consent processes are subject to statutory timeframes. To ensure the local board can participate effectively in this process, it is recommended that the local board appoint and authorise an individual member to take the lead in developing and providing feedback when applications are received.
33. Local boards, in previous terms, have identified a list of issues that automatically trigger their feedback on resource consent matters. When these issues or ‘triggers’ present themselves in a resource consent application, staff will email the nominated lead copies of applications for feedback. Local board leads are encouraged to provide comments on the matter within three 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 local board.
Auckland Zone/LGNZ
36. Local Government New Zealand (LGNZ) is an incorporated society (New Zealand Local Government Association Inc) which represents the national interests of councils around New Zealand and leads best practice in the local government sector.
37. The objectives of LGNZ include promoting and advocating matters affecting the national interests of local government. LGNZ holds regular dialogue with government, parliamentarians and government agencies and provides thought leadership and research on matters of interest to local authorities.
38. LGNZ members are organized in geographically based zones and sectors generally. In 2019, LGNZ Rules were amended to remove Auckland from Zone 1 with an expectation that Auckland Council, with its 21 local boards, will operate as its own zone group (Auckland Zone).
39. In the previous term, Auckland Zone held quarterly meetings with the LGNZ President and Chief Executive. These meetings were co-chaired by the councillor and local board member who are appointed to the Local Government New Zealand National Council. Each local board appointed a representative to attend meetings of the Auckland Zone and take the lead on all matters relating thereto.
Delegation to chairperson – selection of shared representatives
40. From time to time during the term, local boards may be invited to appoint a limited number of representatives to working parties, advisory groups, and other groupings that the Governing Body may set up. The selection of a small number of people to represent many local boards requires local boards to work together.
41. In the previous term, Chairpersons played a critical role in reaching these joint decisions. Chairpersons can work as a selection committee (utilising their monthly Chairs’ Forum) to discuss and agree jointly on shared representatives for all local boards as and when required. In the previous term, this was also process authorised by local boards for the selection of the single local board representative to the Local Government New Zealand National Council and a representative to the Establishment Unit Board for the light rail project.
42. As representatives of their local boards, chairpersons can also work together in clusters to select representatives from different parts of the region, where this is required.
Appointment to joint committees and other internal groups
Manukau Harbour Forum
43. The Manukau Harbour Forum is a joint committee established by the nine local boards surrounding the Manukau Harbour. The joint committee structure of this forum enables these local boards to engage in collective and collaborative action to achieve improvements in water quality and the natural biodiversity of the Manukau Harbour and agreed joint actions that help improve the amenity value of the harbour.
44. As appointing bodies of the Manukau Harbour Forum, the nine local boards and the forum itself work collaboratively with mana whenua, the government, non-government organisations, businesses and communities that live on the harbour and its contributing waterways and estuaries.
45. Each local board appoints a member who represents the local board at meetings of the forum and takes the lead on all matters relating to the forum. Appointing an alternate can ensure the local board will be able to have a representative at meetings of the Manukau Harbour Forum should the appointed member not be available.
Whakaoratangi i te Puhinui / Puhinui Regeneration Project Steering Group
46. The Te Whakaoranga o te Puhinui strategy is to realise the regeneration of Te Puhinui in a way that is inclusive, place-sourced, culturally led and community-fed so that Te Puhinui and its people can thrive once more.
47. The Puhinui Regeneration Project Steering Group consists of representatives from local government, central government and Mana Whenua. The role and purpose are:
· to provide influential input into a programme of work within the Puhinui catchment
· to work holistically and collaboratively across the Puhinui Programme to align projects, budgets and outcomes so that Council can move forward with investment and action that achieves multiple economic, social, cultural and environmental benefits
· membership is based on needs and current membership was agreed as appropriate with the idea to include Crown agencies in the future
· timing / frequency of meetings are to be as and when needed to avoid superfluous meetings.
48. It is recommended that the board appoints a member who represents the local board at steering group meetings and an alternate to attend meetings should the appointed member not be available.
49. The first meeting for this term is scheduled for Tuesday 13 December 2022 at 9.30am in the Manukau Civic Building, 31-33 Station Road, Manukau.
Ara Kōtui (formerly Māori input into local board decision-making political steering group)
50. In 2014 four Auckland Council southern local boards; Manurewa, Ōtara-Papatoetoe, Māngere-Ōtāhuhu and Papakura sought to engage with Māori to explore how they can best meet statutory obligations and to improve relationships with Māori.
51. A working group consisting of mana whenua and local board representatives was formed to explore what they have in common, what is important to each about this and why, and how through real collaboration they might make positive outcomes for all Māori and non-Māori alike.
52. The board was updated on the progress and achievements of the Ara Kōtui programme on 20 September 2022.
53. It is recommended that the board appoint up to 2 representatives for this steering group.
Pursuit of Excellence – Otara-Papatoetoe Local Board
54. Ōtara-Papatoetoe Local Board set up the Pursuit of Excellence Award to:
· support local residents and organisations who will represent the area to demonstrate their outstanding achievements in their chosen field
· recognise and celebrate the contributions of the local applicants.
The award aims to:
· increase the profile and image of the Ōtara-Papatoetoe Local Board area
· assist applicants to build their capacity in serving the community
· promote diverse participation in local government and civic life
· foster the development of a sustainable workforce for local industry and surrounds
· strengthen the development of community unity in Ōtara-Papatoetoe.
More details are available at https://www.aucklandcouncil.govt.nz/grants-community-support-housing/grants/local-board-grants/otara-papatoetoe-local-board-grants/Pages/grant-details.aspx?itemID=63.
55. In previous terms the board delegated the decision making to a Panel, comprising the Chair and Deputy and one member as an alternate, to award grants up to $2,000 per grant following assessments. The grants are a part of the annual work programme, approved by the board. The grants awarded under the delegation are reported at following business meetings.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
56. 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
57. This report seeks to appoint nominated local board members to perform specific functions.
58. 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
59. A decision of this procedural nature is not considered to have a positive or negative impact for Māori.
Ngā ritenga ā-pūtea
Financial implications
60. 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
61. 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.
62. 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.
63. 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
64. Nominated local board members providing feedback will engage with staff acting in accordance with the Local Board Delegation Protocols.
65. 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.
66. 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.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Shirley Coutts - Principal Advisor - Governance Strategy |
Authorisers |
Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Appointments to external organisations
File No.: CP2022/15450
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
3. This report provides detail about these various categories of appointments to external organisations to inform appointments by the local board.
4. Attachment A to this report provides details of the external organisations that have existing arrangements with the local board or for which a relationship is prescribed in policy, such as business associations running Business Improvement District (BID) programmes. Local boards are being asked to make appointments to these organisations at this time and to consider any further appointments as part of their local board engagement plan and strategy for the term.
5. Local boards are also collectively required to appoint a single representative (to represent all 21 local boards) to the Local Government New Zealand (LGNZ) National Council, to fill one of three seats provided for Auckland Council. This report recommends a process for making a joint appointment.
6. Staff recommend that local boards consider appointing a lead and an alternate for various organisations for the 2022-2025 triennium. The function of alternate representative is to act as a backup to and to perform the appointee duties, including attendance at meetings, in the appointee’s absence.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) kopou / appoint a representative and alternate to each of the external organisations listed in Attachment A for the 2022-2025 triennium
b) tautapa / delegate authority to the chairperson to work with other local board chairpersons to form a selection panel to appoint a local board representative to the LGNZ National Council as soon as possible.
Horopaki
Context
7. Participation in community organisations is an established part of an elected member's role and having a relationship with community organisations and interest groups is an important part of the local board role.
8. Several external organisations provide for the formal participation of representatives of the Auckland Council in their affairs. These can include arrangements via:
· a trust deed that provides for a council representative on an organisation’s board, committee, or other function
· provisions in law, policy or resource consent that require council representative arrangements. For example, a regulation providing for a community liaison committee or a resource consent requiring the formation of a committee with elected member representation
· other partnerships or associations entered into by the council which provide for elected member representation.
9. These arrangements often include other duties depending on the organisation, the nature of that organisation’s work and/or the relationship with the council.
Council organisations (COs) and other formal arrangements
10. Council organisations (COs) are companies or entities in which Council has the right to appoint 1 or more of the trustees, directors, or managers (however described) of the company or entity, but Council has less than 50% control. An ‘entity’ includes any partnership, trust, arrangement for the sharing of profits, union of interest, co-operation, joint venture, or other similar arrangement; but does not include a committee or joint committee of a local authority.
11. There are various other entities that have been set up for a specific purpose some of which are formal documents such as a resource consent. These includes consultative groups such as the Aircraft Noise Community Consultative Group, community forums, community impact forums (Department of Corrections) and others.
12. External organisations relevant to the local board are listed in Attachment A.
Representatives to business associations with Business Improvement District (BID) programmes
13. Business associations are independent organisations that are governed by their own constitutions but often work closely with the council because of the roles they play and interest in local business communities (town and commercial centres).
14. Some business associations participate in Auckland Council’s BID programme – which sets a framework to provide BID-operating business associations (BIDs) with BID targeted rate funding, so those business associations can act for the benefit of the specified business area. Business associations that operate a BID programme are also required to work with Auckland Council to ensure there is accountability for the BID targeted rates collected by the council.
15. Auckland Council’s BID Policy 2022 sets the framework for governance, accountability, and management of the BID programmes. The BID Policy outlines the role of the local boards and the local board representative in relation to BIDs. It recognises that within Auckland Council, local boards are the primary relationship lead with BIDs.
16. Local boards have allocated decision-making responsibilities relating to BID programmes, including, but not limited to:
· advising on BID programme strategic direction (with the business association) and providing feedback to the business association regarding its annual BID programme presentation to the local board
· approving establishment of new BID programme and boundary area within the parameters set by the Auckland Council BID policy
· approval of any changes or amendments to an existing BID programme boundary area
· recommending to the Governing Body BID programme targeted rate grant amounts and proposed changes to a BID targeted rate mechanism.
17. To manage the relationship with BIDs and ensure adequate information sharing between local boards and these entities, the BID Policy provide that local boards will appoint a local board member to represent the board and liaise with the BID on their behalf.
18. The local board representative role supports the governance-to-governance relationship between the two organisations and is not operationally focused. Only the local board representative, or the alternate representative if the appointed representative is not available, may represent the local board at BID executive committee and General Meetings, but this does not prohibit BIDs from engaging with other local board members. Depending on the relationship, between the parties, the involvement of local board representatives on business associations may go further to include:
· an invitation that the local board representative be appointed to the business association executive committee with speaking rights
· bestowal of voting rights by the business association on the local board’s representative. The bestowal of voting rights is not recommended. This is to avoid any conflicts of interests (real or perceived), or disputes between the local board and the BID. However, provided the BID and the local board representative are comfortable that risks can be managed, the BID Policy does not prevent this.
Other business associations not running BID programmes
19. Often other business associations who are not running BID programmes find that having a dedicated liaison is helpful. This is especially useful if the business association intends to join the BID programme in the future. In that regard, local boards are encouraged to appoint a liaison representative, and an alternate if desired, for all business associations in its area.
20. The list of business associations relevant to this local board is included in Attachment A.
Local Government New Zealand (LGNZ) National Council
21. 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.
22. The LGNZ rules require appointments to the National Council to be made within eight weeks of the triennial local government elections.
23. 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.
24. 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
25. 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.
26. 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 board’s 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
27. 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
28. 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.
29. A great deal of appointments require attendance of members at either monthly or quarterly meetings of these external organisations.
30. Elected members are encouraged to consider taking on responsibilities only if they can commit to the time and effort that is required.
31. Any other additional considerations will be included in the list in Attachment A.
Managing conflicts of interests
33. 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.
34. 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.
35. 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
36. Appointed representatives are strongly encouraged to make regular reports to the local board on their activities and as appropriate, and progress made by that organisation on key issues that is relevant to the local board and council.
Official capacity
37. 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
38. 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
39. Auckland Council staff support local boards in programmes and partnerships involving business associations and other external organisations that may be covered in this report.
40. Staff in the Governance Division provide support to members who are involved with the LGNZ National Council.
41. 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
42. Local boards are generally committed to nurturing and maintaining relationships with key stakeholders. This report and recommendations align with what local boards want.
43. 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
44. 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
45. The decision to appoint elected members to outside organisations is procedural in nature so does not have any financial implications.
46. 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
47. 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.
48. To mitigate the risk of actual and perceived conflicts that 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
49. 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.
50. 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.
Attachments
No. |
Title |
Page |
a⇩ |
Ōtara-Papatoetoe Local Board External organisations list |
53 |
Ngā kaihaina
Signatories
Author |
Shirley Coutts - Principal Advisor - Governance Strategy |
Authorisers |
Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
06 December 2022 |
|
Social Impact Fund Allocation Committee - re-establish a local board joint committee to make appointments
File No.: CP2022/16122
Te take mō te pūrongo
Purpose of the report
1. To agree to re-establish a joint local board committee and to make an appointment to it.
Whakarāpopototanga matua
Executive summary
2. The Social Impact Fund Allocations Committee (SIFAC) was established under conditions set by the Board of Inquiry into the proposed Wiri Men’s Correctional Facility in 2011. The SIFAC and its associated processes are administered by the Department of Corrections. The social impact fund is made available through the Department of Corrections. The social impact fund has $250,000 allocated to it each year and is capped at $500,000.
3. Auckland Council must make at least two appointments to the SIFAC. The Governing Body has delegated the power to make the two appointments to a joint committee of the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe local boards.
4. The process under the Local Government Act 2002 to establish a joint committee requires that each participating entity must reach agreement with the other participating entities before making appointments. In the previous term, the four local boards agreed to the terms of reference and established the joint committee, which made two appointments to SIFAC. SIFAC meet once in the previous political term.
5. This report invites the local board to agree to re-establish the joint committee and appoint the chairperson to it. The terms of reference are in Attachment A.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) whakaae / agree to re-establish the Social Impact Fund Allocation Committee Appointments Committee as a joint committee with the terms of reference in Attachment A
b) whakaae / agree the Social Impact Fund Allocation Committee Appointments Committee terms of reference (attachment A to the agenda report)
c) kopou / appoint the chairperson and deputy chairperson as alternate to the Social Impact Fund Allocation Committee Appointments Committee
d) whakaae / approve the nomination of member XXX for consideration by the Social Impact Fund Allocation Committee Appointments Committee for appointment to the Department of Corrections Social Impact Fund Allocations Committee.
Horopaki
Context
6. In 2011, a Board of Inquiry reported on its hearings in relation to the men’s prison at Wiri. An outcome of this process was the establishment of a “Community Impact Forum” and a “Social Impact Fund Allocations Committee”. The social impact fund is to be at least $250,000 annually.
7. The Community Impact Forum has the role of discussing impacts to the community arising from the corrections facilities and makes recommendations to the SIFAC which decides how the fund should be allocated.
8. In terms of the area that is impacted it is noted that the Board of Inquiry and subsequent Social Impact Monitoring Plans[1] defined two areas of social impact:
(i) a “local” area comprising the Manurewa Local Board area and Manukau Central (part of the Ōtara-Papatoetoe Local Board area)
(ii) a “wider” area comprising, in some social impact monitoring reports, the Manukau and Manurewa-Papakura wards, or, in other reports, the area known as Counties-Manukau.
9. The Board of Inquiry’s actual statement referred to the “immediately impacted community” and the “wider impacted community”:
“We have generally accepted the definitions of the impacted geographic communities Dr Stewart identified in her evidence. As we noted above the site is located in Counties-Manukau, broadly within a 25 square kilometre block that includes Clendon North and South, Burbank, Rowandale, Homai West and East, Manurewa Central, Hillpark, Wiri and Manukau Central (“the immediately impacted community”). The “wider impacted community” follows the boundaries of the Council’s Manukau and Manurewa–Papakura Wards (extending from Māngere Bridge and Ōtāhuhu in the north, to Ōtara and Flat Bush in the east, and to Papakura and Hingaia in the south).”[2]
10. The SIFAC has up to seven members:
· the chair is the chair of the Community Impact Forum
· at least two members appointed by the Minister of Corrections
· at least two members appointed by Auckland Council
· up to two members co-opted by the committee itself.
11. The Governing Body recognised that these appointments were not a regional matter and should be made by local boards. On 23 September 2021 the Governing Body resolved to delegate making the appointments to a joint local board committee (resolution GB/2021/121):
That the Governing Body:
a) delegate to a joint committee established by the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe local boards, the power to make two Auckland Council appointments to the Wiri Prison Social Impact Fund Allocations Committee subject to:
i) southern ward councillors having attendance and speaking rights
ii) the Independent Māori Statutory Board having the ability to appoint two members.
b) agree that this delegation continues until it is revoked or changed by the Governing Body.
12. Schedule 7, clause 30, Local Government Act 2002, requires the participating bodies in a joint committee to reach agreement on certain matters. This is accomplished by each participating local board agreeing to the terms of reference, whose main points are:
a) the participating local boards will be the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards
b) each local board appoints its chair or deputy chair to the joint committee
c) the Independent Māori Statutory Board will be invited to appoint two representatives
d) the joint committee elects its own chair and deputy chair
e) Governing Body members are not members of the joint committee but have speaking rights
f) the terms of reference of the joint committee are to appoint the two Auckland Council members of the Social Impact Fund Allocations Committee
g) the power to make these appointments is delegated by the Auckland Council Governing Body
h) the agreement may be varied by the participating local boards (provided any variation is consistent with the delegation from the Governing Body).
Tātaritanga me ngā tohutohu
Analysis and advice
13. The joint committee was first established in the previous term. It appointed former Manurewa Local Board Deputy Chairperson, Melissa Moore, and Papakura Local Board member Felicity Auva’a to SIFAC.
14. The Corrections Department calls SIFAC to meet following the receipt of an impact report and recommendations from the Community Impact Forum. There was one meeting during the previous term.
15. It is necessary to re-establish the joint committee to make two appointments to SIFAC for the current term.
Tauākī whakaaweawe āhuarangi
Climate impact statement
16. This report relates to the process for making two Auckland Council appointments. The issues around this process, as covered in this report, do not impact climate.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
17. Making two Auckland Council appointments to the SIFAC does not impact the wider council group.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
18. The scope of the SIFAC is not regional but is sub-regional, being relevant to the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards. It is because of this that the report proposes a joint committee of the four local boards to makes the two Auckland Council appointments.
19. Further detail around the impact on the wider community is contained in the ‘Context’ section above.
Tauākī whakaaweawe Māori
Māori impact statement
20. The proposed joint committee is deemed to be a committee of each participating local board and the proposal provides for two Independent Māori Statutory Board members.
21. The appointment process itself does not impact on the Māori community, however, the Social Impact Fund Allocations Committee will be considering applications for funding for projects which will have an impact on the Māori community. Mana whenua take part in the Community Impact Forum. There is also a Tangata Whenua Committee comprising representatives of affected iwi, which advises impacts on Māori to the Minister and also makes recommendations on projects for funding by the Social Impact Fund Allocations Committee.
Ngā ritenga ā-pūtea
Financial implications
22. There are no financial implications for Auckland Council resulting from this decision.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
23. There are no significant risks for Auckland Council resulting from this decision.
Ngā koringa ā-muri
Next steps
24. Each affected local board will be invited to agree to the terms and to appoint a member to the joint committee. Staff will then facilitate a meeting of the joint committee, which will make the Auckland Council appointments to SIFAC.
Attachments
No. |
Title |
Page |
a⇩ |
Social Impact Fund Allocations Committee Appointments Committee Terms of Reference |
59 |
Ngā kaihaina
Signatories
Author |
Warwick McNaughton - Principal Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Auckland Council’s Performance Report: Ōtara-Papatoetoe Local Board for quarter one 2022/2023
File No.: CP2022/15906
Te take mō te pūrongo
Purpose of the report
1. To provide the Ōtara-Papatoetoe Local Board with an integrated performance report for quarter one, 1 July – 30 September 2022.
Whakarāpopototanga matua
Executive summary
2. This report includes financial performance, progress against work programmes, key challenges the board should be aware of, and any risks to delivery against the 2022/2023 work programme.
3. All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed), grey (cancelled, deferred or merged) or red (activities that have significant issues).
4. One hundred and forty-three of the 146 work programme items are on track, including one which is complete, three items are on hold, and there are no items with significant issues.
5. The key activity updates from this period are:
· The Hugo Friedlander memorial plaque has been installed and is now complete (#31993).
· A total of $75,211.75 was awarded through grants (#340).
· Concept designs for the new playground and volleyball court at Pearl Baker Reserve- were presented to the board (#30112).
· The new greenhouse at Boundary Road has been co-designed with Boundary partners including Mau Studio, The Roots, and Pacific Vision Aotearoa (#3041).
· The development approach for the Climate Action Plan was workshopped with the board (#3046).
· Pacific Business Hub has been engaged to support 20 Ōtara-Papatoetoe Pasifika residents with starting and sustaining their businesses (#1235).
6. The financial performance report compared to budget 2022/2023 is attached as Appendix B. There are some points for the local board to note:
· Net operating performance for Ōtara-Papatoetoe Local Board is 13 per cent below budget for the year to date ended 30 September 2022. This is shown in operating expenditure being nine-point-five per cent below budget, and operating revenue being 20 per cent above budget.
· Capital expenditure has achieved 90 per cent of budget spend for the quarter.
7. The Customer and Community Services capex budget has been revised to incorporate delayed delivery or earlier commencement of individual projects or other changes that are of material value.
8. The local board collected $1,521.74 in film income that is available for reallocation.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) whiwhi / receive the performance report for quarter one ending 30 September 2022
b) whakaae / approve the reallocation of $1,521.74 from the film income collected in 2021-2022 for use of our local parks by film agencies to work programme line: Community grants Ōtara-Papatoetoe (#340).
Horopaki
Context
9. The Ōtara-Papatoetoe Local Board has an approved 2022/2023 work programme for the following operating departments:
· Customer and Community Services
· Infrastructure and Environmental Services
· Plans and Places
· Auckland Emergency Management
· Tātaki Auckland Unlimited.
10. Since the work programmes were approved the Customer and Communities Services directorate has been restructured. Regional Service Planning, Investment and Partnerships was renamed Regional Services and Strategy, and two new departments were created - Parks and Community Facilities and Active Communities. Units from the previous departments Community Facilities and Parks, Sports and Recreation were incorporated into the two new departments. The table below shows the distribution.
Table 1: Changes to Departments in Customer and Communities Services directorate
Previous Department – Unit |
Current Department - Unit |
Parks, Sports and Recreation – Active Recreation |
Active Communities – Leisure |
Active Communities – Sport and Recreation |
|
Community Facilities – Operations |
Parks and Community Facilities – Operations |
Community Facilities – Project Delivery |
Parks and Community Facilities – Project Delivery |
Parks, Sports and Recreation – Park Services |
Parks and Community Facilities – Specialist Operations |
11. The graph below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.
Graph 1: Work programme activities by outcome
Tātaritanga me ngā tohutohu
Analysis and advice
Local Board Work Programme Snapshot
12. The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), activities that have significant issues (red), and activities that have been cancelled/deferred/merged (grey).
Graph 2: Work programme by RAG status
13. The graph below shows the activity status of activities which shows the stage of the activity in each departments work programmes. The number of activity lines differ by department as approved in the local board work programmes.
Graph 3: Work programme by activity status and department
Key activity updates
14. Papatoetoe Recreation Ground - install memorial plaque (Hugo Friedlander) (#31993): The installation of a memorial plaque at Papatoetoe Recreation Ground was completed this quarter.
15. Community grants (#340): This quarter the board awarded $70,211.75 in local and multi-board grants and $5,000 through the Pursuit of Excellence Awards.
16. Youth Economy (Youth Connections) (#1341): A funding agreement is being drafted for Ask Q from Boundary Road to run a live streaming programme for 10 rangatahi over 8 to 10 weeks.
17. Pearl Baker Reserve - renew playground and volleyball court (#30112): The concept design for the playground and volleyball court have been completed and were presented to the local board at a workshop in September. The detailed design is expected to be presented to the local board in early 2023.
18. Let’s Grow Boundary (#3041): The key activities for this quarter include designing the food sanctuary spaces and sourcing materials in preparation for the building phase. The greenhouse has been co-designed in collaboration with Boundary partners including Mau Studio, The Roots, and Pacific Vision Aotearoa.
19. OP: Te Kete Rukuruku (Māori naming of parks and places) Tranche Two (#700): Naming has commenced. Timelines are currently being finalised with iwi and are expected to be received in quarter three (January – March 2023).
20. Climate Action Plan (#3046): The development approach for the Climate Action Plan was workshopped with the local board on 2 August 2022. A scope of works has been provided to a contractor to draft the plan.
21. Community Arts Initiatives Programme (#318): Sistema Aotearoa held 39 programmes across 135 sessions with 3,080 participants. In August, Sistema performed alongside the Auckland Philharmonic Orchestra for the Pese! Pasi! Pūoro! Event.
22. Pasifika Voices (#1235): Pacific Business Hub has been engaged to assist 20 Ōtara-Papatoetoe Pasifika residents in starting and sustaining their businesses. Pacific Business Hub will help set them up and provide mentorship, which will include training sessions with unlimited one-on-one access for entrepreneurial support.
23. OP: ecological and environmental volunteers programme FY23 (#660): 1,114 volunteer hours were recorded this quarter and 9,025 plants were planted across Puhinui Reserve (three events), Ngāti Ōtara Park, Selfs Park and Manukau SupaCentre.
24. Programming in community places (#331): Collaboration with Failoa Famili saw more than 30 seniors attend an eight-week digital literacy class and weekly drop-in sessions for matua.
25. The local board collected $1,521.74 in film income for use of our local parks by film agencies in 2021-2022. It is recommended that the board reallocates this amount to the community grants line (#340).
Activities on hold
26. The following work programme activities have been identified by operating departments as on hold:
· Papatoetoe Recreation Grounds and Papatoetoe Centennial Pools - renew carpark (#28606)
· Papatoetoe Centennial Pool and Ōtara Pool & Leisure Centre - renew pool plant and equipment (#31926)
· Hillside Park - renew carpark at Manukau Indian Association (#30434).
Changes to the local board work programme
Activities with changes
27. The following work programme activity line has changes which been formally approved by the board at their 20 September 2022 business meeting.
Table 2: Work programme change formally approved by the board
Activity Name |
ID/Ref |
Summary of Change |
Resolution number |
Placemaking: Revitalising town centres |
#324 |
1. Reallocated $22,000 to support the successful delivery of the Lantern Festival, including: a) $15,000 to support the participation of local stall holders at the lantern festival b) $7,000 to deliver activation, celebratory activities and placemaking from local sites such as libraries, community facilities and centres
2. Reallocated $45,400 to work line: Community grants Ōtara-Papatoetoe (#340) |
OP/2022/141 |
Tauākī whakaaweawe āhuarangi
Climate impact statement
28. Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.
29. Work programmes were approved in June 2022 and delivery is underway. Should significant changes to any projects be required, climate change impacts will be assessed as part of the relevant reporting requirements. Any changes to the timing of approved projects are unlikely to result in changes to emissions.
30. The Ōtara-Papatoetoe Local Board is currently investing in a number of sustainability and environmental projects, particularly aimed at building awareness around individual carbon emissions and changing behaviour at a local level.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
31. When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
32. This report informs the Ōtara-Papatoetoe Local Board of the performance of the work programme, ending 30 September 2022.
Tauākī whakaaweawe Māori
Māori impact statement
33. Ōtara-Papatoetoe Local Board is committed to integrating and supporting work that contributes to outcomes for Māori. This includes seeking opportunities for collaboration and early engagement with mana whenua.
34. The board collaborates with mana whenua on projects such as the Puhinui Reserve Plan, Manukau Sports Bowl development, Ngāti Ōtara Marae re-development, Te Kete Rukuruku (Māori naming of parks and places), the area plan review for Māngere and surrounding neighbourhoods, the Manukau Harbour Forum, Tāmaki Estuary Forum, and the local board-led Matariki celebrations.
35. The board also fund several work programme items that have a significant Māori focus or outcome, including the Tuia programme, funding Māori-led social and governance initiatives, and library programmes which celebrate te ao Māori.
36. Ōtara-Papatoetoe Local Board is also part of Ara Kōtui, a joint mana whenua and southern local boards initiative that explores and supports opportunities that enable mana whenua involvement in local board decision-making. Currently up to 12 mana whenua are involved in this initiative.
Ngā ritenga ā-pūtea
Financial implications
37. This report is provided to enable the Ōtara-Papatoetoe Local Board to monitor the organisation’s progress and performance in delivering the 2022/2023 work programmes. There are no financial implications associated with this report.
38. Net operating performance is 13 per cent below budget for the year to date ended 30 September 2022.
39. Operating expenditure of $5.35 million is $562,000 (9.5 per cent) below budget.
40. For ABS (Asset Based Services) operating expenditure underspend of $435,000, it is noted that COVID-19 alert levels were not fully lifted until late September, resulting in a reduction in repairs, service utilities, and other service expenses over the quarter.
41. For LDI (Locally Driven Initiatives) operating expenditure, projects totalling $137,000 have been carried forward from FY2021-2022 and are yet to be completed.
42. Operating revenue of $806,000 is $134,000 above budget mainly due to recreation, leisure, fitness, and aquatics facilities. Other facilities are trending towards budget levels as patronage continues to increase.
43. Capital expenditure of $1.18 million is 90 per cent of the budget for the quarter.
44. The financial report for the three months ended 30 September 2022 for Ōtara-Papatoetoe Local Board area is attached as Appendix B.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
45. While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.
46. Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section.
Ngā koringa ā-muri
Next steps
47. The local board will receive the next performance update in 2023, following the end of quarter two (October – December 2022).
Attachments
No. |
Title |
Page |
a⇩ |
Ōtara-Papatoetoe Local Board work programme update quarter one |
69 |
b⇩ |
Ōtara-Papatoetoe Local Board Financial Report quarter ended Sep 2022 |
107 |
Ngā kaihaina
Signatories
Author |
Claire Abbot - Local Board Advisor |
Authoriser |
Manoj Ragupathy - Local Area Manager |
06 December 2022 |
|
Arrangements for making urgent decisions
File No.: CP2022/15451
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.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) tautapa / 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) whakaū / 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) tuhi ā-taipitopito / note that all urgent decisions made, including written advice which supported these decisions, will be included on the agenda of the next ordinary meeting of the local board.
Horopaki
Context
6. The Local Government Act 2002 (LGA) provides that a local authority must hold the meetings it needs for the good government of its area.
7. The LGA also provides that local boards may delegate to committees, other subordinate decision-making bodies, staff, or members of the local board any of its responsibilities and powers for the purposes of efficiency and effectiveness in the conduct of local board business.
8. The LGA clarifies that some local board decisions are not able to be delegated, including the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans and bylaws of Auckland Council (clause 36D, schedule 7 LGA).
Tātaritanga me ngā tohutohu
Analysis and advice
Urgent Decisions delegation
9. The recommended arrangement is one that local boards have had in place over the past few terms. This arrangement has generally worked well to enable responsiveness to situations requiring decisions that arise over the Christmas/New Year holiday period, emergency decisions during the COVID-19 pandemic, and other unforeseen circumstances. This mechanism has enabled timely submissions to central government consultations, something that is usually subject to very constrained timeframes.
10. The urgent decision-making arrangements involve a delegation to the chairperson and deputy chairperson (subject to the authorisation process set out below), to make urgent decisions required before the next meeting if it is not practicable to hold an extraordinary or emergency meeting.
Authorisation
11. The delegation to make urgent decisions is subject to authorisation. The authorisers will approve the use of the urgent decision mechanism if they are satisfied that:
a) the decision is required urgently, i.e., before the next planned meeting of the local board, and
b) it is not practicable in the circumstances to call an extraordinary or emergency meeting of the local board.
12. The authorisers will include the chairperson, deputy chairperson and the Local Area Manager (or their nominee). Their considerations should include the significance of the decision, including whether this is likely to be controversial or not, and the ability to meet statutory and logistical requirements for an extraordinary or emergency meeting in the particular circumstances.
Request for urgent decision
13. Requests for an urgent decision should outline:
a) the decisions or resolutions sought
b) the nature of the issue
c) the reason for urgency.
Decision-making requirements
14. Elected members exercising the urgent decision delegation must make their decision in accordance with the decision-making principles and requirements in the LGA and Local Government (Auckland Council) Act 2009 and they must determine the best way to fulfil the requirements laid out in that legislation. These requirements include:
· identifying and assessing all reasonably practicable options for achieving the decision’s purpose and assessing those options in terms of their advantages and disadvantages (s 77 LGA)
· if it is a significant decision in relation to land or a body of water, considering the relationship of Māori and their culture and traditions with ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga (s 77(1)(c) LGA)
· considering the views and preferences of people likely to be affected by, or have an interest in, the decision (s 78 LGA).
15. Elected members require quality advice to inform good decisions. Where the request for an urgent decision has come from staff, staff should provide their advice in the Auckland Council report format. It may not always be possible for staff to produce comprehensive reports within constrained timeframes, so in such circumstances they should endeavour to provide sufficient information in an appropriate format, such as a memorandum.
Public accountability
16. Urgent decisions made under delegated authority should be published on the agenda of the next ordinary meeting of the local board. The information to be published must include the urgent decision and all relevant information provided to the decision-makers, provided it is not confidential.
Tauākī whakaaweawe āhuarangi
Climate impact statement
17. This decision is procedural in nature and is not affected by climate impacts nor will it result in any changes to greenhouse gas emissions.
18. The urgent decision mechanism enables urgent decisions to be made in a timely manner and this makes it a useful tool for responding to any climate change-related emergency.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
19. The urgent decision-making mechanism proposed in this report enables the council group to respond to situations requiring urgent decisions in a timely manner when it is not practical to call the full local board together.
20. These decisions include, for example, local board input to council submissions that are provided whenever there is a central government consultation. The timeframes for these submissions can be very constrained and it is crucial that local board input is provided sooner rather than later, so that it can be considered by the Governing Body (or its committees) who adopt the submission on behalf of Auckland Council.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
21. This report outlines the local board urgent decision-making arrangement that can be used when it is not practical to call the full local board together.
Tauākī whakaaweawe Māori
Māori impact statement
22. This report concerns a procedural matter and is not considered to have any specific implications for Māori.
23. When making urgent decisions under the delegation, decision makers will need to consider the impact of each decision on Māori, their land and other taonga, as appropriate.
Ngā ritenga ā-pūtea
Financial implications
24. There are no financial implications arising from the procedural decision sought through this report.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
25. The authorisation step provides an opportunity to assess and confirm the urgency and to decide if it is practicable to have an extraordinary or emergency meeting. This step is intended to help ensure the delegation to the chairperson and deputy chairperson is used in appropriate circumstances.
26. The chairperson and deputy chairperson are strongly encouraged to seek views from other local board members when making urgent decisions to ensure the urgent decision reflects those views to the extent possible.
Ngā koringa ā-muri
Next steps
27. If the local board adopts the urgent decision-making mechanism proposed in this report, this will provide a process that will be used as and when required.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Shirley Coutts - Principal Advisor - Governance Strategy |
Authorisers |
Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Adoption of a business meeting schedule
File No.: CP2022/15454
Te take mō te pūrongo
Purpose of the report
1. To adopt the Ōtara-Papatoetoe Local Board meeting schedule for the 2022-2025 electoral term.
Whakarāpopototanga matua
Executive summary
2. The Local Government Act 2002 (LGA) 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 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 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 2022-2025 electoral term has been developed and is included below for adoption by the local board.
5. 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.
6. 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.
7. 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.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) adopt the meeting schedule outlined below for the 2022 to 2025 electoral term:
Year |
Date |
2023 |
21 February |
21 March |
|
18 April |
|
16 May |
|
20 June |
|
15 August |
|
19 September |
|
17 October |
|
21 November |
|
5 December |
|
2024 |
20 February |
19 March |
|
16 April |
|
21 May |
|
18 June |
|
20 August |
|
17 September |
|
15 October |
|
19 November |
|
3 December |
|
2025 |
18 February |
18 March |
|
15 April |
|
20 May |
|
17 June |
|
19 August |
|
16 September |
b) agree to commence business meetings at 5pm to be held at the Woodside Room, Level 1, Manukau Civic Building, 31-33 Manukau Station Road, Manukau until the refurbishment of the Manukau west annex is complete and then in the Totara Room. Public forum and deputations will be scheduled in the early part of the business meeting, to enable participation by the public and stakeholders in the democratic process
c) agree to a two-week recess in the middle of July each year with no business meeting that month
d) note the dates and times for business meetings to make decisions on local board plans and local board agreements are yet to be scheduled.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Hōtaka Kaupapa / Governance Forward Work Calendars
File No.: CP2022/16079
Te take mō te pūrongo
Purpose of the report
1. To present the Ōtara-Papatoetoe Local Board with its updated Hōtaka Kaupapa.
Whakarāpopototanga matua
Executive summary
2. The Hōtaka Kaupapa for the Ōtara-Papatoetoe Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.
3. The Hōtaka Kaupapa / governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:
· ensuring advice on meeting agendas is driven by local board priorities
· clarifying what advice is expected and when
· clarifying the rationale for reports.
4. The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) tuhi ā-taipitopito / note the Hōtaka Kaupapa.
Attachments
No. |
Title |
Page |
a⇩ |
Hōtaka Kaupapa |
123 |
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Authoriser |
Manoj Ragupathy - Local Area Manager |
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Record of Ōtara-Papatoetoe Local Board Workshop Notes
File No.: CP2022/16081
Te take mō te pūrongo
Purpose of the report
1. To note the Ōtara-Papatoetoe Local Board record for the workshops held on 8 November, 15 November and 22 November 2022.
Whakarāpopototanga matua
Executive summary
2. In accordance with Standing Order 12.1.4, the local board shall receive a record of the general proceedings of each of its local board workshops held over the past month.
3. Resolutions or decisions are not made at workshops as they are solely for the provision of information and discussion. This report attaches the workshop record for the period stated below.
Recommendation/s
That the Ōtara-Papatoetoe Local Board:
a) tuhi ā-taipitopito / note the workshop records for: 8 November, 15 November and 22 November 2022.
Attachments
No. |
Title |
Page |
a⇩ |
Ōtara-Papatoetoe Local Board Workshop Record, 8 November 2022 |
127 |
b⇩ |
Ōtara-Papatoetoe Local Board Workshop Record, 15 November 2022 |
129 |
c⇩ |
Ōtara-Papatoetoe Local Board Workshop Record, 22 November 2022 |
131 |
Ngā kaihaina
Signatories
Author |
Carol McGarry - Democracy Advisor |
Authoriser |
Manoj Ragupathy - Local Area Manager |
06 December 2022 |
|
Annual Budget 2023/2024 - feedback on regional topic for consultation (Covering report)
File No.: CP2022/16410
Te take mō te pūrongo
Purpose of the report
1. To provide input on proposed regional consultation content for the Annual Budget 2023/2024
2. To approve an additional meeting between 7 – 9 February to approve local consultation content and a local engagement event.
3. This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 06 December 2022 Ōtara-Papatoetoe Local Board meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the comprehensive agenda report.
Ōtara-Papatoetoe Local Board 06 December 2022 |
|
Item 7.1 Attachment a Petition page 1. Page 139
Item 8.1 Attachment a Warriors Community Foundation presentation Page 141
Item 8.2 Attachment a Airport to Botany Rapid Transit Route - Heather Haylock presentation Page 151
Item 8.2 Attachment b Airport to Botany Rapid Transit Route - Kam Rana presentation Page 159
Item 8.3 Attachment a Papatoetoe Historical Society Incorporated - presentation Page 179
[1] Available here: https://www.corrections.govt.nz/about_us/getting_in_touch/our_locations/auckland_south_corrections_facility/community_forums
[2] “Draft Report and Decision of the Board of Inquiry into the Proposed Men’s Correctional Facility At Wiri” paragraph 314, https://www.epa.govt.nz/assets/FileAPI/proposal/NSP000011/Boards-decision/0d8299eff3/Wiri-Draft-decision-volume-1-Report-and-decision.pdf