Agenda of Upper Harbour Local Board - Thursday, 8 December 2022

1 Nau mai | Welcome

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Upper Harbour Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 24 November 2022, as a true and correct record.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Business North Harbour update

Te take mō te pūrongo

Purpose of the report

1. To receive an update from Business North Harbour.

Whakarāpopototanga matua

Executive summary

2. Kevin O’Leary representing Business North Harbour, will be in attendance to provide an update on Business North Harbour activities.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Kevin O’Leary on behalf of Business North Harbour and thank him for his attendance and presentation.

Attachments

a Upper Harbour Local Board business meeting 8.12.2022, Item 8.1 Deputation - Business North Harbour update - presentation....................... 127

8.2 Albany Community Hub update

Te take mō te pūrongo

Purpose of the report

1. To receive an update from the Albany Community Hub.

Whakarāpopototanga matua

Executive summary

2. Grace Alley, Albany Community Hub Manager, representing the Albany Community Hub, and Richard Casutt, Harbour Sport General Manager, will be in attendance to provide an update on activities and initiatives.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Grace Alley, Albany Community Hub Manager, and Richard Casutt, Harbour Sport General Manager on behalf of the Albany Community Hub and thank them for their attendance and presentation.

Attachments

a Albany Community Hub Update - presentation........................................... 137

8.3 Harbour Sport update

Te take mō te pūrongo

Purpose of the report

1. To receive an update from Harbour Sport.

Whakarāpopototanga matua

Executive summary

2. Richard Casutt, Harbour Sport General Manager, representing Harbour Sport, and Grace Alley, Albany Community Hub Manager, will be in attendance to provide an update on activities and initiatives, with specific regard to the Albany community.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Richard Casutt, Harbour Sport General Manager and Grace Alley, Albany Community Hub Manager, on behalf of Harbour Sport and thank them for their attendance and presentation.

Attachments

a Harbour Sport Update - Presentation........................................................... 145

8.4 Whenuapai Ratepayers and Residents Association - To further the relationship with the Upper Harbour Local Board

Te take mō te pūrongo

Purpose of the report

1. To receive an update from the Whenuapai Ratepayers and Residents Association to further the relationship between the Whenuapai Ratepayers and Residents Association and the Upper Harbour Local Board.

Whakarāpopototanga matua

Executive summary

2. Dave Allen, Secretary Whenuapai Ratepayers and Residents Association and Haydon Mattson, representing the Whenuapai Ratepayers and Residents Association, will be in attendance to provide an update to further the relationship with the Upper Harbour Local Board.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Dave Allen, Secretary Whenuapai Ratepayers and Residents Association and Haydon Mattson on behalf of the Whenuapai Ratepayers and Residents Association and thank them for their attendance and presentation.

Attachments

a Whenuapai Ratepayers and Residents Association presentation............... 157

9 Te Matapaki Tūmatanui | Public Forum

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

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

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Upper Harbour Local Board

08 December 2022

Naming of the new reserve at Joshua Carder Drive, Hobsonville Point

File No.: CP2022/15421

Te take mō te pūrongo

Purpose of the report

1. To seek approval of the name Te Kori for the new reserve at Joshua Carder Drive in Hobsonville Point.

Whakarāpopototanga matua

Executive summary

2. A decision is sought from the Upper Harbour Local Board to formally name the new reserve at Joshua Carder Drive in Hobsonville, often referred to by the temporary project name ‘Scott Point Sustainable Sports Park’.

3. The new 16.4-hectare reserve is currently being transformed from a rural landscape to a public park to meet the needs of the growing Hobsonville community. The park will comprise of three zones including an area for sports and active recreation, an informal recreation area, and areas of ecological restoration and conservation.

4. Mana whenua engagement is required under the Conservation Act 1987 and Reserves Act 1977. Local boards are allocated decision-making authority for naming of community parks and facilities.

5. The Māori Language Policy was adopted by the Governing Body in 2016. The policy recognises Auckland Council’s commitment to meeting its responsibilities under Te Tiriti o Waitangi and that the Māori language is a cultural treasure and an official language of Aotearoa.

6. Auckland Council has worked with mana whenua on establishing an appropriate name for the reserve. Te Kawarau a Maki has gifted the name ‘Te Kori’. Ngā Maunga Whakahii o Kaipara, the governance entity of Ngāti Whātua o Kaipara, have agreed that this name reflects the cultural and historical character of the reserve.

7. The name ‘Te Kori’ was developed by members of Te Kawarau a Maki who have advised that the Te Aka (Māori dictionary) has the definition of ‘Kori’ as either

· Verb; ‘to move, wriggle or play’

· Noun; ‘movement’

· Verb; ‘to move into action’

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) approve the name ‘Te Kori’ for the new reserve at Joshua Carder Drive, Hobsonville Point, gifted by Te Kawarau a Maki and supported by Ngā Maunga Whakahii o Kaipara.

b) thank Te Kawarau a Maki for the gifted name and the support of Ngā Maunga Whakahii o Kaipara.

c) acknowledge there are overlapping mana whenua interests at this site and that the name does not negate these overlapping interests, and that this name has been supported by Ngāti Whātua o Kaipara.

d) confirm that Te Kawarau a Maki will be the kaitiaki (guardian) for the name and acknowledge that Auckland Council is committed to upholding the correct use of the name and to use it only for purposes that have a community outreach or educational purpose (non-commercial use).

Horopaki

Context

8. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi (Treaty of Waitangi) and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within an Auckland Local Government context.

9. These commitments are articulated in council’s key strategic planning documents: the Auckland Plan, the 2021-2031 Long-term Plan, local board plans and the Unitary Plan.

10. In responding to council’s commitments and obligations to Māori in a way that will improve outcomes for all, Whiria Te Muka Tangata – the Māori Responsiveness Framework, has been developed. Its purpose is to enhance and guide Auckland Council’s responsiveness to Māori. The framework articulates that council will work to ensure its policies and actions consider:

· recognition and protection of Māori rights and interests within Tāmaki Makaurau

· how to address and contribute to the needs and aspirations of Māori.

11. Auckland Council’s Māori Language Policy was adopted by the Governing Body in 2016. The policy recognises Auckland Council’s commitment to meeting its responsibilities under Te Tiriti o Waitangi. This policy recognises that the Māori language is a cultural treasure and an official language of Aotearoa. It notes that the Māori language and culture forms a critical part of a Māori identity that is Auckland’s point of difference in the world. Reclaiming or identifying new Māori names for community parks within the Upper Harbour Local Board area provides a significant opportunity to fulfil the policy intent.

12. Key outcome areas of the Māori language policy are:

· Te reo tē kitea – Māori language that is visible

· Te reo tē rongohia - Māori language that is heard

· Te reo tē kōreohia - Māori language that is spoken

· Te reo tē ākona – Māori language that is learnt.

13. The Māori language policy acknowledges that te reo Māori is an official language of Aotearoa and should receive equal status to English and New Zealand Sign Language.

14. All local boards were consulted on the Māori Language Policy. Local boards have allocated decision-making authority for naming community parks and facilities.

15. Consultation with mana whenua was undertaken by Auckland Council and ‘Te Kori’ was developed as a name for the new reserve. This was part of the comprehensive master planning exercise for the reserve which was carried out over several years. Other Mana whenua groups have been updated on progress through the Northwest Mana Whenua forum as the plans for the reserve were developed.

Gazettal

16. Auckland Council as landowner can name parks and places by resolution through the exercise of its power of general competence under section 12 of the Local Government Act 2002. Local boards are the allocated decision-makers for the naming of local parks as resolved by the Governing Body 28 June 2018 resolution number GB/2018/106.

17. Where the land is vested in council and held as reserve under the Reserves Act, Council may name or change the name of a reserve by notice in the Gazette (s16(10) Reserves Act).

18. As part of the naming process any sites subject to the Reserves Act 1977 will be gazetted once the local board has adopted the name.

Tātaritanga me ngā tohutohu

Analysis and advice

19. The Reserves Act 1977 is subject to the Conservation Act 1987 which requires that the Reserves Act be interpreted and administered to give effect to the principles of the Treaty of Waitangi. Auckland Council must consult with and have regard to the views of iwi or hapu before undertaking action and making decisions about reserves for which it is the administering body.

20. Auckland Council recognises the Māori language as a cultural treasure and official language of New Zealand and is one of the main points of difference for Auckland in the world. The Auckland Council Māori Language Policy is the Council’s commitment to ensure the Māori language is seen, heard, spoken and learned throughout Tāmaki Makaurau by actively using and integrating it in its activities and functions.

21. Dual or bilingual signage for all council-owned reserves and facilities is a priority for action identified in the Auckland Council Māori Language Policy (refer Attachment A). Dual naming is considered a potential stepping-stone to parks and park features becoming known only by their original Māori name. In general, if dual names are used, the Māori name should be stated first, followed by a forward slash (with a visible space on each side), and then the non-Māori name.

22. Since the name of this reserve was proposed, the Te Kete Rukuruku programme has been established to take a best practice approach to Māori naming through an agreed process, in partnership between mana whenua and local boards. Through this partnership, it is envisaged that relationships between mana whenua and their local boards will be strengthened.

23. Using the interim naming guidelines, staff have assessed the proposed name and concluded as follows:

· the name Te Kori has support from mana whenua as well as Kainga Ora

· the name Te Kori complements the history and character found within the park

· the name Te Kori is not currently in use for a park in the Auckland region

· the use of Māori naming aligns with the Auckland Council 2016 Māori Language Implementation Plan, Te Reo te Kitea - Māori language that is visible.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. Council recognises that Māori is an official language of New Zealand and that those iwi and hapu groups that have Mana Whenua over the area in which this reserve is located are the appropriate entity to gift the name for this reserve.

Tauākī whakaaweawe āhuarangi

Climate impact statement

25. There are no climate impacts relating to this item.

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

Local impacts and local board views

26. The Upper Harbour Local Board have been involved in the master planning processes for this reserve development which has included the proposed naming of the reserve.

27. The Upper Harbour Local Board does not currently support the Te Kete Rukuruku programme. This may be considered in the future by the local board.

Tauākī whakaaweawe Māori

Māori impact statement

28. Mana whenua who have mana and traditional associations with Tāmaki Makaurau, and for which Tāmaki Makaurau is their tūrangawaewae (standing place) and whakapapa (a genealogical link) is the most appropriate authority from which to seek Māori names.

29. The recommended name is supported by Te Kawarau a Maki and Ngā Maunga Whakahii o Kaipara as it reflects tangata whenua values and is appropriate for the location.

30. The name ‘Te Kori’ was developed by members of Te Kawarau a Maki who have advised that the Te Aka (Māori dictionary) has the definition of ‘Kori’ as either

· Verb; ‘to move, wriggle or play’

· Noun; ‘movement’

· Verb; ‘to move into action’

31. It was also noted that these are literal translations but consider this to fit within the wider concept of the ‘physical movement’ connection in that this is a sports park. There is also a connection to the forward thinking ‘movement’ of sustainability that is integrated into every aspect of the development of this reserve. Although Kori is the word for movement, representatives from Te Kawarau a Maki stated that ‘Te Kori’ sounds better, and it is still grammatically correct.

32. Motifs have been identified during the master planning exercise for the development of the reserve, some of which are currently being integrated into the park design features. This includes the historical and cultural space of Tahingamanu which relates to a large flock of birds, the visual movement on the ocean and the changing (therefore moving) landscape of Hobsonville. It was thought that the name is reflective of all these images.

Ngā ritenga ā-pūtea

Financial implications

33. There are no cost implications to the local board for approving a name of a park or reserve.

34. The minor capital costs associated with installation of park signage is included in the existing budgets in the Scott Point Sustainable Sports Park project.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. Where there are multiple iwi interests, there may be no agreement. There is overlapping iwi interest throughout much of Tāmaki Makaurau. In recognition of this, a principle of the Te Kete Rukuruku project, as agreed by mana whenua, is that mana whenua will work together to provide a single name except where there is more than one traditional name for a site.

34. In this instance, mana whenua have agreed on the proposed name Te Kori.

35. As the naming of this reserve is considered low risk, there is no requirement to undertake public consultation.

Ngā koringa ā-muri

Next steps

36. Should the local board approve the name ‘Te Kori, for the new reserve at Joshua Carder Drive, this will be updated on the Auckland Council website, geographic information system (GIS) and system,, application and products (SAP) systems.

37. Parks and Community Facilities department will be advised of the adopted name, and signage will include the new Māori name.

38. Following adoption, the name will be notified in the Gazette.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Maori Language Policy	15

Ngā kaihaina

Signatories

Authors

John McKellar - Parks & Places Specialist

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

08 December 2022

Proposed new community lease and landowner approval to North Shore Rowing Club Incorporated at R 101 Rame Road, Rame Reserve, Greenhithe

File No.: CP2022/16114

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a new community ground lease and landowner approval to the North Shore Rowing Club Incorporated for land located at R101 Rame Road, Rame Reserve, Greenhithe.

Whakarāpopototanga matua

Executive summary

2. The North Shore Rowing Club (club) seeks a new community ground lease and landowner approval for their group-owned building at R 101 Rame Road, Rame Reserve, Greenhithe.

3. The club has a community ground lease for their building which has reached final expiry on 30 April 2021. The lease is holding over on a month-by-month basis until terminated or a new lease is granted.

4. A new lease to the club was approved by the local board as part of the Community Facilities: Community Leases Work Programme 2020-2021 at their 20 August 2020 local board meeting (Resolution number UH/2020/86).

5. The club aims to provide rowing opportunities for all levels and ages, with a purpose to promote the amateur sport of rowing while providing facilities for its members to engage in and foster the spirit of rowing.

6. After securing their tenure and landowner approval, the club intends to redevelop their building at Rame Reserve, which is used as a boathouse for the club.

7. The development will involve construction of a two-level boathouse to increase storage capacity for rowing, safety and ancillary equipment. The development will be within their existing lease area. The new boathouse will allow the club to meet growing demand for rowing as the main rowing provider for Northern Auckland.

8. Public notification and iwi engagement was held between 1 September 2022 to 30 September 2022 in accordance with the Reserves Act 1977. No submissions or objections were received on the proposed new community ground lease.

9. Staff have assessed the club’s comprehensive lease and land owner approval application, including financials, necessary insurance cover, and maintenance of the building and grounds.

10. This report recommends that a new community lease be granted to the club for a term of 10 years commencing from 19 December 2022 with one 10-year right of renewal. This report also recommends granting landowner approval for the construction of the facility.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) grant under Section 54(1)(b) of the Reserves Act 1977, a new community ground lease to the North Shore Rowing Club Incorporated for an area comprising approximately 318m2 located at R 101 Rame Road, Rame Reserve, Greenhithe on the land legally described as Lot 1 DP 169267, Section 1 SO 67770, Allotments 673 and 674 Parish of Paremoremo (as per Attachment A – Site Plan), subject to the following terms and conditions:

i) term – 10 years, commencing 19 December 2022 with one 10-year right of renewal.

ii) rent – $1.00 plus GST per annum if demanded.

iii) Community Outcomes Plan - to be appended to the lease as a schedule of the lease agreement (as per Attachment B – Community Outcomes Plan).

b) approve all other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012 and the Reserves Act 1977.

c) note that public notification and iwi engagement for Auckland Council’s intention to grant a new community ground lease to the North Shore Rowing Club located at R 101 Rame Road, Rame Reserve, Greenhithe has been undertaken between 1 September 2022 to 30 September 2022.

d) note that no objections to the notified proposal of the new community lease were received.

e) grant landowner approval to North Shore Rowing Club Incorporated to construct the new boathouse.

Horopaki

Context

11. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

12. The Upper Harbour Local Board approved the Community Facilities: Community Leases Work Programme 2020-2021 at their 20 August 2020 local board meeting (resolution UH/2020/86).

13. A new community ground lease to the North Shore Rowing Club was part of the approved work programme.

14. This report considers a new community ground lease as approved on the work programme.

15. The club has also requested landowner approval to redevelop the existing boathouse at Rame Reserve.

Land, building/s and lease

16. The North Shore Rowing Club (club) holds a community ground lease for their group owned building at R 101 Rame Road, Rame Reserve, Greenhithe (refer to Attachment A-Site Plan).

17. The leased area occupies Lot 1 DP 169267, Section 1 SO 67770, Allotment 673 Parish of Paremoremo, Allotment 674 of Paremoremo and are classified recreation reserves, subject to the Reserves Act 1977. The main purpose of recreation reserves is the provision of areas for recreation and sporting activities. The boathouse will support recreational activities and aligns with the purpose of a recreation reserve.

18. The building is primarily used by the club as a boathouse to store rowing equipment in supporting the club’s activities.

19. The club covers all maintenance and operational costs for their building at the site.

20. The club’s lease agreement commenced on 1 May 2001 for a period of 10 years with one 10-year right of renewal. The lease expired on 30 April 2021 and is currently holding over on a month-by-month basis until the lease is terminated or a new lease is formalised.

North Shore Rowing Club Incorporated

21. The North Shore Rowing Club was established in 1874 and is one of the country’s oldest rowing clubs. The club provides rowing opportunities for all levels and ages, with a purpose to promote the amateur sport of rowing while providing facilities for its members to engage in and foster the spirit of rowing.

22. The club offers various programmes to its members and participants:

· Important feeder to Rowing New Zealand’s Auckland High Performance Programme and NZ Representative crews

· Competitive rowing opportunities for adults (aged 18-28)

· Junior/youth rowing, with seven affiliated North Shore secondary schools (aged 13-18)

· Masters and recreations rowing (aged 28+)

23. The club has approximately 270 registered members with majority of its members between ages 14-21. They work closely with local schools including Albany Senior High School, Birkenhead College, Carmel College, Kristin School, Long Bay College, Northcote College, Rosmini College, Rangitoto College, Westlake Boys and Girls Highschool, and Wentworth College. The club records 400+ people participating in the sport by effective collaboration with local schools.

24. The club members and affiliated schools use the club’s four training sites at Lake Pupuke, Upper Harbour (Rame Road Reserve and Hobsonville Point) and Stillwater. They have two boathouses at Lake Pupuke and Rame Road to help store their equipment for rowing.

Rame Road Boat House Redevelopment Project

25. As the club faces capacity issues to meet the growing demand of rowing across its sites, the club plans to redevelop the boathouse at Rame Reserve, to better utilise the site and to meet growing demand for the sport.

26. The proposed development will involve construction of a two-level boathouse to increase storage capacity for rowing, safety and ancillary equipment. This will increase skiff storage capacity from under 30 to 70 plus- allowing the club to increase membership by up to 40% across its sites. The newly built boathouse will stay within the footprint of the club’s leased area.

27. The redevelopment project is supported by the Auckland Council Sport and Recreation Facilities Investment Fund and has the support of Rowing NZ, Auckland Rowing Association and Canoe Racing NZ.

28. Once completed, this will allow the club to meet growing demand and increase participation as the main rowing provider for Northern Auckland.

Tātaritanga me ngā tohutohu

Analysis and advice

29. Under the Community Occupancy Guidelines 2012, groups that own their own buildings have an automatic right to re‑apply for a new lease at the end of their occupancy term. The club is exercising this right by applying for a new lease. The local board has discretion to vary the term of the lease if it wishes. However, the guidelines suggest that where the term is varied, it aligns to one of the recommended terms.

Public notification and engagement

30. As there is no reserve management plan for Rame Reserve, public notification and iwi engagement was required under section 54(2) of the Reserves Act 1977 prior to any lease being granted.

31. The proposed new community ground lease at Rame Reserve was publicly notified. The notification appeared in the North Shore Times on 1 September 2022 and the Auckland Council website’s Have Your Say webpage with a submission deadline for 30 September 2022.

32. The cost of the public notification was met by the Community Facilities department of the council.

33. No submissions or objections to the notified proposal were received.

Assessment of the lease and landowner approval application

34. The club has submitted a comprehensive application supporting the new lease request.

35. The area proposed to be leased to the club consists of approximately 318m²and is outlined in Attachment A – Site Plan.

36. The club has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

37. The club has all necessary insurance cover, including public liability insurance, in place.

38. A site visit has been undertaken by staff and the facility has been identified as requiring refurbishment due to age, fair wear and tear. The group identified repair costs to this building outweighing rebuilding costs, therefore had made the decision to rebuild this facility.

39. The club intends to undertake improvements to the building by constructing a two-level boathouse. The footprint of the building will remain the same and will be constructed within the leased area.

40. The club provides a valuable service to the local community by providing a place for the community and local schools to engage in active recreation and connect through the sport of rowing. The club membership embraces the wider Auckland region and not just those within the immediate vicinity of the club.

41. A Community Outcomes Plan has been negotiated with the club to identify the benefits it will provide to the community. This will be attached as a schedule to the lease agreement and is attached to the report as Attachment B.

42. Staff recommend that a new community lease be granted to the club for a term of 10 years commencing from 19 December 2022 with one 10-year right of renewal. Staff also recommend that a landowner approval be granted for the group to undertake the redevelopment of the boathouse.

Tauākī whakaaweawe āhuarangi

Climate impact statement

43. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities

44. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050

· to prepare the region for the adverse impacts of climate change.

45. Climate change has some potential to impact the lease as the leased area is located on a flood plain and coastal inundation area. As the building is a group-owned building it is anticipated the club will be required to mitigate these risks through council’s building and resource consent process depending on detailed design of the proposed building.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

46. The following specialists were consulted regarding the new community ground lease and the landowner approval application to redevelop the boathouse:

· Parks and Places Specialist

· Facilities Manager

· Urban Forrest Specialist

· Sport and Recreation Lead

47. On 13 September, staff attended an onsite meeting with the applicant to discuss the plans for the new boathouse. The attendees discussed the construction of the boathouse and how best to manage the temporary impacts on the reserve. The lay-down area was decided and the need for an arboricultural report was confirmed with the applicant.

48. The proposed new lease and redevelopment of the boathouse has no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

49. The proposal will be subject to receiving the necessary consents and approvals from the council regulatory team.

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

Local impacts and local board views

50. The proposed lease will benefit the community by enabling initiatives that promote health and wellbeing that will be delivered from Rame Reserve for the Upper Harbour Local Board area and its surrounding communities.

51. This item was part of the Upper Harbour Local Board Community Facilities: Community Leases Work Programme 2020-2021 (resolution UH/2020/86).

52. The proposed lease activity aligns with the local board plan 2020 in supporting:

Outcome

Objective

Outcome 3: Healthy and active communities.

· Upper Harbour has a range of fit-for-purpose multi-use sports, recreation and

community facilities that serve a growing

and diverse community.

· People of all abilities have access to well maintained sports fields, parks, coastal and community facilities in Upper Harbour

53. The recommendations within this report fall within the local board’s delegated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Sub-regional impact

54. The North Shore Rowing Club provides rowing opportunities across the Upper Harbour, Hibiscus and Bays, Devonport-Takapuna and Kaipātiki Local Board areas. The club is the main rowing provider for the northern Auckland region, serving a population of over 400,000.

55. The North Shore Rowing Club and its affiliated secondary schools are frequent users of the upper Waitematā Harbour. The northern reaches of the harbour provide safe and reliable long distance training opportunities for rowing at all levels. The Rame Road facility is in close proximity to ideal water conditions for rowing.

Tauākī whakaaweawe Māori

Māori impact statement

56. Iwi engagement about council’s intention to grant a new community lease for R 101 Rame Road, Rame Reserve, Greenhithe was undertaken in September 2022 with 12 iwi groups identified as having an interest in land in the Upper Harbour Local Board area.

57. An email was sent to all 12 iwi groups as having an interest in the area as captured in Attachment C, containing detailed information on the land, the lessee, the lease proposal as per Section 4 of the Conservation Act 1987. The period of engagement ran from 1 September 2022 to 30 September 2022.

58. No objections or requests for hui or kaitiaki site visit was received from iwi and mana whenua groups.

59. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

60. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

61. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

62. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

63. The lessee has agreed, via the Community Outcomes Plan, to deliver Māori Outcomes that reflect their local community as per Attachment B of this report. The lease will benefit Māori and the wider community by enhancing health and wellbeing of the Upper Harbour community as well as the wider Auckland region.

Ngā ritenga ā-pūtea

Financial implications

64. There are no cost implications for the local board granting a new lease to the club. The club will continue to take responsibility for all construction, operational and maintenance costs involved with its building located at R101 Rame Road, Rame Reserve.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

Relating to Landowner Approval

65. The construction of the boathouse will have temporary effects on the reserve. A laydown area near the boathouse for construction will mean there will be temporary disruption to public access to a small part of the reserve.

66. As the boathouse is located under several council trees, the applicant will need to provide an arboricultural report from a suitably qualified arborist for any construction work that needs to be done on or near the existing trees. This will be reviewed by the council’s urban forest specialist to ensure all work will we be completed with as little disruption to the trees as possible.

67. All risks associated with the construction of the boathouse will be mitigated through the conditions of the landowner approval, which will include, but not limited to:

· a pre-start and post construction meeting with the facilities manager and works arborist

· adequate safety fencing and signage to inform the public of the works

· public access to the unaffected areas of the reserve to be maintained at all times.

68. If landowner approval is not granted by the local board, the club will not be able to redevelop the existing boathouse at Rame Reserve.

Relating to the New Lease

69. Should the local board resolve not to grant the proposed community lease to the club, the club’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcomes.

Ngā koringa ā-muri

Next steps

70. Subject to the Upper Harbour Local Board’s approval staff will work with the club to finalise the lease agreement.

71. If the local board resolves to grant the landowner approval, staff will inform the applicant with a formal landowner approval letter.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Map	31
b ⇩	Community Outcomes Plan	33
c ⇩	Iwi Engagement	37

Ngā kaihaina

Signatories

Authors

Chan Park - Community Lease Specialist

Neda Durdevic - Land Use Advisor

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

08 December 2022

Local Board feedback on Auckland Unitary Plan changes 78-83

File No.: CP2022/16399

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.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour 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

Policy development

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, Schedule 7, clause 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

41. Resolutions of the local board will be provided to the independent hearings panel in the first quarter of 2023. The local board member delegated the authority to speak to local board views will be invited to the relevant hearings. Local board resolutions will also be reported to the Planning, Environment and Parks Committee for its decision-making on the recommendations it receives from the independent hearings panel.

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).

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Local board areas in which changes are proposed for historic heritage or notable trees and variations	47

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

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

08 December 2022

Auckland Council’s Performance Report: Upper Harbour Local Board for quarter one 2022/2023

File No.: CP2022/16197

Te take mō te pūrongo

Purpose of the report

1. To receive financial and non-financial performance report for quarter one of the 2022/2023 financial year, 1 July – 30 September 2022.

Whakarāpopototanga matua

Executive summary

2. This report provides a retrospective overview of the financial and non-financial performance of Auckland Council against the agreed 2022/2023 Upper Harbour Local Board work programmes for the period beginning 1 July to 30 September 2022 – quarter one.

3. The key activity updates from the 2022/2023 work programme (Attachment A) for the reporting period include:

· the Civic Events team delivered a sod turning event at Caribbean Drive sports field ahead of the commencement of physical works for the sports field upgrade and new toilet facility project (Activity ID 23782)

· the local board adopted the Sanders Reserve Ecological Restoration Plan 2022 V2.0 (Activity ID 3502)

· the local board approved the draft Upper Harbour Local Parks Management Plan for public notification (Activity ID 1364)

· a license to occupy part of Sanders Reserve was granted to the Sustainable Paremoremo Group as part of the Kai Rakau Project community garden (Activity ID 3502)

· physical works have been completed for the pathway renewal at Northwood Reserve (Activity ID 25948), the skate bowl renewal at Hooton Reserve (Activity ID 27869) and the construction of the playground at Greenhithe War Memorial Park.

4. 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) or grey (cancelled, deferred or merged). Overall, 96 activities within the agreed 2021/2022 work programme are on track and 4 activities have some identified risk or issue which is being managed.

5. The financial performance report compared to budget 2022/2023 is provided (Attachment B). There are some points for the local board to note:

· Overall, the net operational financial performance of the local board was below the revised year to date budget (92 percent). Revenue was favourable to budget for the year to date, and the board received rental income related to sites in Rosedale. Since COVID-19 restrictions were lifted, the usage of many facilities in Upper Harbour has increased back towards pre-COVID levels. From the Locally Driven Initiatives (LDI) operational funding, local board projects are underway and on track to be completed by year end.

· While the capital spend for quarter one is slightly behind revised budget, the overall programme is on track to be delivered by year end. Major capital projects underway or completed in the first quarter include the sustainable sports park development at Scott Point, sports field upgrade and new toilet facility at Caribbean Drive, sports field light renewal at Albany Domain, and various walkway and path renewals across the local board area.

6. 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.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the financial and non-financial performance report for quarter one of the 2022/2023 financial year, 1 July – 30 September 2022

Horopaki

Context

7. The Upper Harbour Local Board has an approved 2022/2023 work programme for the following operating departments:

· Customer and Community Services

· Infrastructure and Environmental Services

· Auckland Emergency Management

· Auckland Unlimited.

8. 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
Parks, Sports and Recreation – Active Recreation	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

9. The graph below shows how the work programme activities meet Upper Harbour Local Board Plan 2020 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

10. 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), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

Graph 2: Work programme by RAG status

Chart, pie chart

Description automatically generated

11. To complete the snapshot, and in addition to a RAG status, information on activity status is also collected for each quarter to show the stage of the activity. The graph below shows the activity status of activities 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

12. The key achievements in the delivery of the local board work programmes for 2022/2023 during quarter one include:

· Tātou Belonging - we bring communities together - Upper Harbour (Activity ID 1119) –quarter one delivered a presentation in Mandarin on intermarriage between Māori and Chinese, a talk by the Aotearoa Chinese Support Foundation on the Accredited Employer Work Visa and a ten-week Korean language and culture class facilitated by North Asia CAPE

· Activation of community places Upper Harbour (Activity ID 404) – Meadowood Community House, Sunderland Lounge and Headquarters have all provided a quarterly activation report which are included in this report as Attachments C, D and E respectively, while Headquarters and Sunderland Lounge Programming report is included as Attachment F

· Upper Harbour Indoor Court Detailed Business Court Project - design and consent phase (Activity ID 1467) – this quarter has delivered a first draft of a regulatory overview of the potential Albany Sport Complex, a design brief, a shortlist of architects and early discussions with potential Development Partners

· Community grants Upper Harbour (Activity ID 410) – $6,000 was allocated towards Multi-board Grants Round One 2022/2023 and $35,919.50 was allocated towards Local Grants Round One 2022/2023 with East Coast Bays Association Football Club application (LG2317-118) being deferred to the November 2022 business meeting (Resolution number UH/2022/108)

· Legacy Rates Grants - Upper Harbour (Activity ID 2878) – non-contestable rates remission funding for 2022/2023 allocated $4,044.18 towards The Scout Association of New Zealand, $1,881.01 towards Greenhithe Residents Ratepayers & Coma Hall Ass Inc and payment of $47,436.52 towards The North Shore Golf Club Inc is pending application

· Local civic events Upper Harbour (Activity ID 411) – delivered a sod turning event for the Caribbean Drive - sports field upgrade and new toilet facility (Activity ID 23782) which was held on 22 September

· Sanders Reserve: Sustainable Paremoremo Group (Activity ID 3099) – the local board resolved (Resolution number UH/2022/106) to grant a new license to occupy on part of Sanders Reserve to the Sustainable Paremoremo Group to establish a community garden as part of the Kai Rakau Project

· Rame Road Reserve: North Shore Rowing Club Incorporated lease (Activity ID 3366) – public notification and iwi engagement is in progress and the new lease report for the rowing club is being finalised

· Sanders Reserve Ecological Restoration Management Plan update (Activity ID 3502) – the local board adopted the Sanders Reserve Ecological Restoration Plan 2022 V2.0 (Resolution number UH/2022/90)

· Upper Harbour Local Parks Management Plan (Activity ID 1364) – the local board approved the draft plan for public notification (Resolution number UH/2022/91) and a two-month consultation began on 15 September 2022

· Northwood Reserve - renew pathways (Activity ID 25948) – pathway renewal, Hooton Reserve - renew skate bowl (Activity ID 27869) – and the playground construction component of Greenhithe War Memorial Park - renew playspace (Activity ID 27940) – have all been completed.

Activities with some risk or issues, being managed

13. The following work programme activity has been identified by operating departments as having some risk or issues that are being managed and have been given an Amber RAG status:

· Albany Pool - install disability amenities (Activity ID 19839) – to avoid copyright issues an architect has been commissioned to come up with a new concept design which once completed will be presented to the local board for approval.

· Observation Green - develop neighbourhood park (Activity ID 29151) – the resource consent has been granted, equipment and furniture procurement has been completed, and the first tender for physical works has been unsuccessful due to contractor availability and given timeframes.

· Fernhill Escarpment - renew walkway and wayfinding signage (Activity ID 20471) – the materials for the bridge have been ordered, however this activity has an Amber RAG status as the work was meant to be completed in 2021/2022 but was delayed until 2022/2023.

Activities on hold

14. The following work programme activity has been identified by operating departments as on hold:

· Upper Harbour – implement actions from the Greenways Plan (Activity ID 20709) – this project remains on hold and has an amber RAG status. The local board provided direction to prioritise the Albany Pool - install disability amenities project (Activity ID 19839) therefore the LDI Capex funding allocation for this project has been deferred to 2023/2024 with a reduction in 2022/2023 from $53,383 to $9,545.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15. Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

16. 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.

17. The local board is invested in a number of sustainability projects, which aim to build awareness around sustainable practices, and support changing behavior at a local level, which include:

· Taonga tuku iho - Legacy - we preserve our past, ensure our future. (Environment) - Upper Harbour (Activity ID 1120) – which funds libraries to showcase sustainable workplace practices; this quarter deliverables include a workshop on composting and school holiday sessions teaching children how to plant edible gardens

· Our Local Streams – Sustainable Schools (Activity ID 727) – provides expertise and assistance in stream care to eight schools and, this quarter, a survey identified that teachers require additional training on stream testing and a field trip has been planned

· Īnanga spawning sites – survey and restoration, Upper Harbour (Activity ID 717) – aims to establish a baseline understanding of the current state of īnanga populations; during this quarter the first fish surveys and saline wedge surveys were completed and locations for artificial habitats are being investigated

· Construction Waste Education and Leadership Upper Harbour (Activity ID 1441) – has established a construction and demolition waste advisor to work with developers to improve site practices and this quarter there have been 181 Site visits with six visits to large development sites and nine Illegal dumping reports.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. 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

19. This report informs the Upper Harbour Local Board of the performance for quarter one of 2022/2023 from 1 July to 30 September 2022.

Tauākī whakaaweawe Māori

Māori impact statement

20. The local board’s work programme contains a number of activities aimed at delivering on Māori outcomes for the 2022/2023 financial year.

21. Highlights for the quarter one reporting period on activities with a direct Māori outcome focus are outlined below:

· Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Upper Harbour (ID 1115) – promotes the use of te reo Māori in everyday communication and, in quarter one, Albany library celebrated Matariki by teaching basic te reo Māori with the use of te ao Māori crafts and games.

· Māori responsiveness Upper Harbour (Activity ID 403) – aims to support local Māori in delivering social and economic outcomes. During quarter one Auckland Council staff continued to liaise with Ngati Manuhiri on completion of a sculpture project for Albany village and the Landowner Approval was granted with installation anticipated for quarter two. Additionally, Te Ohu o Onekiritea have delivered a number of activities including a celebration of Matariki held at the Rifle Range and weekly te reo and tikanga sessions.

Ngā ritenga ā-pūtea

Financial implications

22. This report is provided to enable the Upper Harbour 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.

Financial Performance

23. Operating expenditure relating to Asset Based Services was above revised budget by $244,000 for the year to date, while the Locally Driven Initiatives operational projects are currently $13,000 below budget. At this stage operating projects across the local board area are on track for complete delivery by year end. All projects will be monitored closely, and any delivery risks will be brought to the board as part of the next performance report.

24. Capital spend of $1.6 million represents 75 percent of the total year to date budget. Projects underway or completed in the first quarter include the sustainable sports park development at Scott Point, sports field upgrade and new toilet facility at Caribbean Drive, sports field light renewal at Albany Domain, and various walkway and path renewals across the local board area. Delivery progress on individual projects can be found in Attachment A.

25. The complete Upper Harbour Local Board Financial Performance report can be found in Attachment B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26. 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.

Ngā koringa ā-muri

Next steps

27. The local board will receive the next performance update following the end of quarter two, December 2022.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Upper Harbour Local Board Work Programme 2022/2023 Q1 Report	63
b ⇩	Upper Harbour Local Board Financial Report to 30 September 2022	89
c ⇩	Medowood House Quarter One Report 15 September 2022	95
d ⇩	Sunderland Lounge – Te Rere Quarterly Update – 15 September 2022	99
e ⇩	Headquarters – Te Mahere Quarterly Activation Update – 15 September 2022	101
f ⇩	Headquarters & Sunderland Lounge – Te Mahere & Te Rere Quarterly Programming Update – 15 September 2022	103

Ngā kaihaina

Signatories

Authors	Robert Marshall - Local Board Advisor
Authorisers	Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

08 December 2022

Local board delegation for liquor licensing matters for the 2022-2025 electoral term

File No.: CP2022/16498

Te take mō te pūrongo

Purpose of the report

1. To appoint a local board delegate to manage the workload and enable the discharge of duties and responsibilities in a timely manner in relation to liquor licensing matters.

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

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

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

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

6. At the 24 November 2022 the local board agreed a range of delegations to manage the workload for the 2022 – 2025 electoral term, however a decision on liquor licensing matters was omitted.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) 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

Horopaki

Context

7. 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.

8. 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.

9. 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

10. 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.

11. 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).

12. 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.

13. 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.

14. 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.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. 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

16. This report seeks to appoint nominated local board members to perform specific functions in relation to liquor licensing matters.

17. 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

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

Ngā ritenga ā-pūtea

Financial implications

19. 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

20. 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

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

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

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories