Agenda of Albert-Eden Local Board - Tuesday, 24 January 2023

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 Albert-Eden Local Board:

a) confirm the minutes of its ordinary meeting held on Wednesday, 7 December 2022, as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Deputation - Tim Marshall – Board Members, National Squash Centre Trust

Te take mō te pūrongo

Purpose of the report

1. To enable an opportunity for Tim Marshall – Board Members, National Squash Centre Trust, to deliver a presentation during the Deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. Tim Marshall – Board Members, National Squash Centre Trust, will be in attendance to deliver a presentation outlining highlights of the trust’s work programme. For example; the National Squash Centre Trust (NSCT) operates public squash courts on Carrington Road which attracts casual players from Mount Albert and nearby suburbs. Between April and November 2022, the National Squash Centre hosted more than 8,600 squash players (4,306 bookings).

3. The National Squash Centre’s land lease is due to expire in February 2024. The presentation will also seek to explore ways in which the local board and the NSCT can work together to ensure there are adequate squash recreational facilities in the Albert-Eden Local Board area.

Ngā tūtohunga

Recommendation/s

That the Albert-Eden Local Board:

a) thank Tim Marshall – Board Members, National Squash Centre Trust, for his attendance and Deputation presentation.

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.

9.1 Public Forum - Barbara Sturmfels - Cycling in Mount Albert

Te take mō te pūrongo

Purpose of the report

1. To enable an opportunity for Barbara Sturmfels - resident, to deliver a presentation during the Public Forum segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. Barbara Sturmfels - resident, will be in attendance to deliver a Public Forum presentation regarding cycling projects in the Mount Albert area, the proposed Meola Road cycleway, as well as her personal cycling experience.

Ngā tūtohunga

Recommendation/s

That the Albert-Eden Local Board:

a) thank Barbara Sturmfels - resident, for her attendance and Public Forum presentation regarding cycling projects in the Mount Albert area, the proposed Meola Road cycleway, as well as her personal cycling experience.

9.2 Public Forum - David Frank, Tennis Auckland Incorporated

Te take mō te pūrongo

Purpose of the report

1. To enable an opportunity for David Frank - General Manager, Tennis Auckland Incorporated, to deliver a presentation during the Public Forum segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. David Frank - General Manager, Tennis Auckland Incorporated, will be in attendance to deliver a Public Forum presentation outlining a request from the club to install the ‘Book a Court – On-Line’ Court Bookings system at Nicholson Park.

Ngā tūtohunga

Recommendation/s

That the Albert-Eden Local Board:

a) thank David Frank - General Manager, Tennis Auckland Incorporated, for his attendance and Public Forum presentation outlining a request from the club to install the ‘Book a Court – On-Line’ Court Bookings system at Nicholson Park.

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.”

Albert-Eden Local Board

24 January 2023

Local Board feedback on Auckland Unitary Plan changes 78-83

File No.: CP2023/00130

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 5 December 2022 to 13 January 2023. 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 Albert-Eden 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, 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

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	17

Ngā kaihaina

Signatories

Author

Eryn Shields - Team Leader Regional, North West and Islands

Authorisers

John Duguid - General Manager - Plans and Places

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Albert-Eden Local Board

24 January 2023

Resource management reform: Natural and Built Environment Bill and Spatial Planning Bill

File No.: CP2023/00143

Te take mō te pūrongo

Purpose of the report

1. To inform local board members of the Government’s proposals to reform the resource management system and invite local board input into Auckland Council’s submission.

Whakarāpopototanga matua

Executive summary

2. The Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) were introduced to Parliament on 15 November 2022 and have been referred to the Environment Select Committee. Submissions on both bills close on 5 February 2023. However, Auckland Council has been granted a short extension to 10 February 2023.

3. The Government is undertaking a comprehensive reform of the resource management system. It will repeal the Resource Management Act 1991 (RMA) and replace it with:

· the Natural and Built Environment Bill (NBE Bill)

· the Spatial Planning Bill (SP Bill)

· Climate Adaptation Bill (CA Bill).

4. The NBE Bill will replace the RMA. The SP Bill replaces current requirements for a spatial plan for Auckland and will work in tandem with the NBE Bill. The scale of reform is substantial and will have significant impacts on Auckland Council.

5. This submission will build on Council’s previous submissions to the Resource Management Review Panel’s Issues and Options paper, the NBE Bill Exposure Draft and the Ministry for the Environment’s Discussion paper. Local boards provided input to these submissions.

6. The deadline for local board feedback to be incorporated into the council’s submission is 23 January 2023, whilst the deadline for feedback to be appended to the council’s final submission is 3 February 2023.

Ngā tūtohunga

Recommendation/s

That the Albert-Eden Local Board:

a) provide feedback on the Natural and Built Environment Bill and Spatial Planning Bill to inform the council’s draft submission.

Horopaki

Context

Resource management system reform

7. Central Government is reforming the resource management system.

8. Cabinet largely modelled the reform on the Resource Management Review Panel’s recommendations. The objectives for reform adopted by Cabinet are shown in Appendix B.

9. In February 2021, Cabinet agreed to repeal and replace the RMA with the Natural and Built Environment Bill (NBE Bill), the Spatial Planning Bill (SP Bill), and the Climate Adaptation Bill (CA Bill).

10. An exposure draft of the NBE Bill was released in June 2021. While the council submitted on this exposure draft, there are many matters in the NBE Bill that were not included, and council has an opportunity to submit on these now.

11. These matters include the process to developing the National Planning Framework (NPF), consenting, compliance and enforcement, urban tree cover, subdivision, designations, and the functions and roles of Ministers and agencies, regional councils and territorial authorities, in the system.

12. An overview of the proposed system can be found here: Our future resource management system: Overview | Ministry for the Environment

13. The Planning, Environment and Parks Committee delegated approval of council’s formal submission to the Chair, Deputy Chair and an Independent Māori Statutory Board member on 8 December 2022.

Tātaritanga me ngā tohutohu

Analysis and advice

SP Bill and NBE Bill to work in tandem

14. The SP Bill and NBE Bill will work in tandem. The NBE Bill will require the development of a national planning framework (NPF) and an NBE plan. The SP Bill will require the development of regional spatial strategies (RSS). The RSS must be consistent with the NPF and both the NBE plan and RSS must give effect to it where directed. In addition, the NBE plan must be consistent with the RSS (Figure 1). In essence, the reformed system will create one NBE plan and one RSS for each region.

Figure 1: Key components of the new resource management system

15. The national planning framework (NPF) will provide direction on the integrated management of the environment for matters of national significance or where consistency nationally or across parts of New Zealand would be desirable. It will consolidate all existing national direction instruments under the RMA, such as National Policy Statements, and include some new functions.

16. Both the NBE and SP Bills require those exercising powers and functions to give effect to the principles of te Tiriti o Waitangi. This is stronger than the current RMA equivalent, which requires the principles to be ‘taken into account’.

17. The RSS and NBE plans will be prepared and notified by regional planning committees (RPC). The RPC will be made up of local government representatives and Māori (and will include a central government representative for matters relating to the RSS). The RPC may establish sub-committees to focus on particular matters or for a sub-region. The RPC will be supported by a secretariat.

18. The council strongly opposed the RPC mechanism in previous submissions on the basis that the separation of plan-making from other decision-making, such as long-term plans or infrastructure strategies, will lose integration between planning, funding and financing.

19. Local boards had concerns regarding the potential for local voice to be weakened in the new system. They highlighted the importance of a strong voice for local communities and local boards in the development of strategies and plans to ensure consideration and recognition of local issues in shaping our unique places.

20. Overall, this new system increases costs to central government and Auckland Council while system users benefit from large cost savings. The largest cost increase falls on local government (Auckland Council).

Spatial Planning Bill

21. The SP Bill provides for Regional Spatial Strategies (RSS).

22. RSS are intended to coordinate and integrate the performance of functions across different legislation associated with the management of the natural and built environment, including the NBE Bill, the Land Transport Management Act 2003 and the Local Government Act 2002 (Figure 2).

23. RSS assist in achieving the purpose of the NBE Bill, including recognising and upholding te Oranga o te Taiao, and the system outcomes outlined in the NBE Bill.

Figure 2: Regional spatial strategy integration across different legislation

24. The RPC will identify big issues and opportunities facing the region (including infrastructure, and infrastructure investment and funding) and develop an RSS and implementation plans to respond to them.

25. The RSS will set out a vision and objectives for a region’s development and change over a 30-year plus timeframe. It is reviewed every nine years. Implementation plans set out priority actions that delivery partners will take to implement the RSS and must be reviewed every three years.

26. Auckland Council is required to implement and administer the RSS while having a limited role in its preparation. When an RSS comes into effect (made operative), it will replace the Auckland Plan 2050.

27. The funding and financing of infrastructure to implement the RSS is an area of concern. The council previously submitted that all partners in the RSS deliver investment within local government funding constraints. It is therefore imperative that the cumulative effects of growth, and how to apportion the cost of meeting this growth, are addressed through implementation plans. A range of funding and financing mechanisms is required to support implementation. This is not currently addressed in the Bill.

28. For more detailed information on the SP Bill, see Appendix B.

Natural and Built Environment Bill

29. The NBE Bill provides an integrated framework for regulating both environmental management and land use planning. It enables the use and development of the environment within environmental limits and requires positive outcomes to be achieved and adverse effects to be managed.

30. The purpose of the bill is to:

(a) enable the use, development and protection of the environment in a way that:

· supports the well-being of present generations without compromising the well-being of future generations

· promotes outcomes for the benefit of the environment

· complies with environmental limits and their associated targets

· manages adverse effects.

(b) recognise and uphold te Oranga o te Taiao.[1]

31. The NBE Bill will require the Auckland region to have a Natural and Built Environment plan (NBE plan) to provide for the integrated management of the natural and built environment. When an NBE plan comes into effect (made operative), it will replace the Auckland Unitary Plan.

32. The NBE plan will be prepared and developed by the RPC - Auckland Council is required to participate and collaborate in the process. The RPC will be funded by Auckland Council.

33. In the new system, Auckland Council will continue to be the consenting authority.

34. For more detailed information on the NBE Bill, see Appendix B.

Feedback timetable

35. The table below sets out the key timeframes for local board input on the Bills:

Milestone	Date
Bills released	15 November 2022
Briefing for local boards	2 December 2022
Deadline for incorporated feedback	23 January 2023
Deadline for appended feedback	3 February 2023
Submission deadline	10 February 2023

Further material

36. The council submitted on key components of both bills in March 2022 in its response to the Ministry for the Environment’s Our Future Resource Management System Discussion Document. This can be found here: Kotahi - Our future RM System - Materials for discussion.pdf - All Documents (sharepoint.com)

37. The council also submitted on the direction of the Climate Adaptation Bill in mid-2022, alongside consultation on the National Adaptation Plan under the Climate Change Response Act 2002. This can be found here: Kotahi - National Adaptation Plan.pdf - All Documents (sharepoint.com)

Tauākī whakaaweawe āhuarangi

Climate impact statement

38. For central government, a key objective for the new resource management programme is to better prepare for adapting to climate change and risks from natural hazards, as well as to better mitigate emissions.

39. The importance of climate change is recognised in the NBE Bill at the system outcome level (Part 1 of the Bill). This outcome states “in relation to climate change and natural hazards, achieve the reduction of greenhouse gas emissions, removal of greenhouse gases from the atmosphere and reduction of risks arising from – and better resilience of the environment to – natural hazards and effects of climate change”.

40. Under the SP Bill, the RSS must identify areas that are vulnerable to significant risks from natural hazards and areas impacted by climate change. It must also identify measures for reducing those risks, addressing effects and increasing resilience.

41. Under Part 2 of the NBE Bill (Duties and restrictions), NBE plans can make rules that will affect existing rights and land use consents when there are risks associated with natural hazards and climate change.

42. The resource management reform programme also includes the Climate Adaptation Bill. This will be released in 2023 and will address issues associated with managed retreat.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43. The proposals will have significant impacts across the Auckland Council group.

44. A technical team, made up of experts from across the council group, will prepare a first draft of the council’s submission.

45. The Water Services Entity Act 2022, under the Three Waters Reform programme, establishes the Northern Water Services Entity for the Tāmaki Makaurau Auckland and Northland regions. It is important that council’s submission addresses the role of this new entity as a significant delivery partner in the legislation.

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

Local impacts and local board views

46. Local board views are being sought on the draft submission and will be incorporated into the council’s final submission as appropriate.

47. Staff presented at the local board members’ briefing on 2 December 2022.

48. No specific role for local boards is identified in the NBE or SP Bills. The NBE Bill contains proposals for Statements of Community Outcomes (SCOs). These are voluntary instruments to provide local authorities with a mechanism to directly input local voice into RSS and NBE plans. SCOs will be prepared by territorial authorities and will express the views of a district or local communities.

49. It is critical that there is a strong voice for local communities and local boards, and consideration of local issues, in the development of strategies and plans. The council previously submitted that community input leads to better plans through the sharing of local knowledge, and identification of local priorities. The council also supported an approach where appropriate engagement outcomes are prescribed in legislation to ensure that this reflects local boards’ statutory functions. This is not currently addressed in the Bills.

Tauākī whakaaweawe Māori

Māori impact statement

50. A key Government objective for the new resource management system is to “give effect to the principles of Te Tiriti o Waitangi and provide greater recognition of te ao Māori, including mātauranga Māori”. This has been provided for throughout the NBE and SP Bills starting with the purpose statement, which includes recognising and upholding te Oranga o te Taiao.

51. There are a number of positive outcomes or impacts for Māori that include:

· a new requirement to ‘give effect to’ the principles of te Tiriti o Waitangi

· three system outcomes that cover 1) the relationship of iwi and hapū (and their kawa, tikanga, and mātauranga) in relation to their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna and other taonga, 2) protection of protected customary rights and recognition of statutory acknowledgement, and 3) the conservation of cultural heritage

· mana whenua representation on RPCs (a minimum of two persons)

· iwi and hapū can provide te Oranga o te Taiao statements to RPCs

· establishment of an independent National Māori Entity to provide independent monitoring of decisions and

· Mana Whakahono ā Rohe and engagement agreements.

52. The Supplementary Analysis Report also states central government will provide a funding contribution to local government to support areas such as iwi / hapū management plans, negotiation of Mana Whakahono ā Rohe agreements, Māori governance, and technical capability and capacity building.

53. Local government will fund Māori participation in the performance of local government functions and duties and powers under the NBE bill (e.g. consenting, compliance and monitoring etc).

54. A communication on the NBE and SP Bills has been sent to all iwi entities and their feedback sought. IMSB secretariat staff will work with the council’s technical team throughout the development of the submission.

Ngā ritenga ā-pūtea

Financial implications

55. The submission will be developed within existing resources.

56. The SAR report states that the costs of the new resource management system will increase for councils. These costs will be driven by the transition and establishment costs, development of new plans, strategies and instruments, and enhanced compliance and enforcement duties.

57. The estimated increase in total costs spread across all regional, territorial and unitary councils is $43 million per year. The estimated increased costs are not calculated on a per council basis.

58. The intent of the new system is for most costs to fall on central and local government which, in turn, delivers decreased costs for system users.

59. There is a lack of detail on central government funding to support local government with the transition and implementation of the new system.

60. Auckland Council will be required to fund the RPC and the associated secretariat. The council currently performs similar functions at a governance and operational level. However, the RPC will be made up of local government and mana whenua representatives.

61. The NBE Bill states that, in the case of a region with a unitary authority, that authority must determine the amount of funding to be provided to the RPC. The RPC must prepare and make publicly available a statement of intent each financial year that reflects the budget agreed for the RPC. If any disputes arise, the RPC or local authority may apply to the Minister for the Environment to resolve the dispute. Decisions are binding on the local authorities.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

62. Financial and legal expertise will be sought in the development of the submission to identify possible financial, legal and reputational risks to the council associated with the new resource management system.

63. Risks identified to date include:

· the separation of the planning function from funding and financing decisions (such as the long-term plan process)

· insufficient coordination and alignment with the Three Waters Reform (the removal of water infrastructure from council control impacts planning and funding decisions)

· lack of detail on central government funding to support local government with the transition and implementation of the new system

· lack of opportunities or clear avenues for local democratic input in the system.

64. The new system has a long transition period of 10 years for the establishment, transformation, and consolidation phases. In that time, the NPF will be developed through a Board of Inquiry process to enable the development of the RSS and NBE Plan.

65. The NPF will be rolled out in stages after the Bills are enacted. The first version will integrate existing national direction to inform RSS development and future iterations will inform NBE plan development.

66. The details of the NPF are vitally important for the new system and remain unknown currently.

Ngā koringa ā-muri

Next steps

67. As this submission deadline falls outside the normal local board business meeting schedule, some local board feedback was provided using an urgent decision or through delegated feedback.

68. Key questions to help local boards structure their input is provided in Appendix A.

69. A technical team, made up of experts from across the council group, prepared a first draft of the council’s submission. This will be circulated to local board members on 25 January 2023.

70. Below are the key dates for input into the submission:

· 23 January 2023: final date for local board feedback to be incorporated into the council’s submission

· 25 January 2023: draft submissions shared with local board members.

· 2 February 2023: the final submission will be reported to the Planning, Environment and Parks Committee and circulated to elected members

· 3 February 2023: final date for any formal local board feedback to be appended to the council’s submission

· 10 February 2023: final submission will be lodged.

71. Once the select committee report is released on 22 May 2023, staff will provide local boards with a memo summarising the select committee conclusions.

72. Auckland Council will have an opportunity to submit on the Climate Adaptation Bill when it is introduced to Parliament in mid-2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Questions to help guide local board submissions	33
b ⇩	Detailed Analysis and Advice on the new Resource Management System - local boards	35

Ngā kaihaina

Signatories

Authors

Karryn Kirk - Principal Strategic Adviser Auckland Plan Implementation

Amber Dunn - Principal Strategic Advisor

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Albert-Eden Local Board

24 January 2023

Annual Budget 2023/2024 local board consultation content

File No.: CP2023/00163

Te take mō te pūrongo

Purpose of the report

1. To approve local consultation content and supporting information as part of the Annual Budget 2023/2024 process, along with a local engagement event.

Whakarāpopototanga matua

Executive summary

2. For each financial year, Auckland Council must have a local board agreement that is agreed between the Governing Body and the local board in each local board area. These agreements set out local board priorities and the local activities to be provided for the year. Together, the 21 local board agreements form a section of the annual budget.

3. Auckland Council will be consulting on both local and regional content as part of the Annual Budget 2022/2023 consultation. This is planned to take place from late February to late March 2023. Content relating to each local board agreement must be included as part of that consultation.

4. This report seeks approval from the local board for the local consultation content. It also seeks approval of a Have Your Say event to be held in the local board area to give Aucklanders an opportunity to provide face-to-face feedback during the consultation period.

5. Local boards will need to approve local consultation content by 9 February 2023 to be incorporated into the Annual Budget 2023/2024 consultation document and supporting information, which is planned to be adopted by the Governing Body on 15 February 2023.

Ngā tūtohunga

Recommendation/s

That the Albert-Eden Local Board:

a) approve local consultation document content (Attachment A) and local supporting information content (Attachment B) for inclusion in the Annual Budget 2023/2024 consultation material.

b) delegate authority to the local board Chair to approve any changes required to finalise the local consultation document and supporting information content for the Albert-Eden Local Board for the Annual Budget 2023/2024.

c) approve the following Have Your Say event in the local board area during the Annual Budget 2023/2024 consultation period:

i) Drop-in, Wednesday, 22 March 2023, 5.00pm to 6:30pm - Mount Eden War Memorial Hall (Upstairs Chamber Room), 489 Dominion Road, Mount Eden.

d) delegate authority to the local board Chair to approve any changes required to the Have Your Say event.

e) delegate to the following elected members and staff the power and responsibility to receive feedback and hear from the public through “spoken (or New Zealand sign language) interaction” at the council’s public engagement events during the consultation period for the Annual Budget 2023/2024:

i) local board members and Chair

ii) General Manager Local Board Services, Local Area Manager, Local Board Senior Advisor, Local Board Advisor, Local Board Engagement Advisor

iii) any additional staff approved by the General Manager Local Board Services or the Group Chief Financial Officer.

Horopaki

Context

6. The Annual Budget 2023/2024 will contain the budget and funding impact statement for the year, identify any variations from the financial statements and funding impact statement in the 10-year budget for the relevant year, and provides for integrated decision-making and coordination of the council’s resources. The Governing Body is responsible for adopting the annual budget.

7. As part of this process, local boards develop annual local board agreements which are agreed between local boards and the Governing Body (and are included in the annual budget).

8. Local board agreements set out how the council will reflect the priorities and preferences in the local board’s plan through the activities to be provided in the local board area.

9. Content relating to each local board agreement must be included in the Annual Budget 2023/2024 consultation document.

10. Auckland Council is facing an estimated $295 million operational expenditure challenge for the Annual Budget 2023/2024.

11. The Mayoral Proposal was released on 5 December 2022. This included a proposed cut of 5 per cent to local board operational funding as part of the council’s proposed response to mitigate the budget pressures for 2023/2024.

12. Local board chairs were invited to attend a Governing Body workshop, held after the Mayoral Proposal was released, where the proposed regional consultation content was discussed. All local board members were invited to attend briefings on the regional consultation topics.

13. On 15 December 2022, the Governing Body decided to consult on a proposed cut of 5 per cent to local board operational funding.

14. Public consultation on the budget is planned to take place from late February to late March 2023.

15. Aucklanders will be able to provide feedback during the consultation process through a variety of channels, which include face-to-face (for spoken and New Zealand sign language interaction), written and social media.

Tātaritanga me ngā tohutohu

Analysis and advice

16. Local boards held workshops during November/December 2022 to determine their proposed priorities for their 2023/2024 local board agreement. Additional workshops will be held in January/February 2023 considered consultation requirements based on the proposed cut of 5 per cent to local board operational funding.

17. Each local board is requested to approve its local consultation document and supporting information content for consultation. At the time of writing this report the local consultation document and supporting information content for consultation (Attachment A and B) were not yet available and will be tabled at the business meeting.

18. Should changes be required to the local consultation content during the document production, they will be provided to the local board chair for approval.

19. Aucklanders who wish to have their views on the proposed content of the local board agreement 2023/2024 and Annual Budget 2023/2024 considered by Auckland Council should be provided a reasonable opportunity to present those views in a manner and format that is appropriate to their preferences and needs.

20. As there is a proposal to amend the council’s long-term plan (10-year Budget) identified in the regional consultation content for the Annual Budget 2023/2024, the special consultative procedure is required.

21. The special consultative procedure requires the council to provide an opportunity for Aucklanders to present their views to the council in a manner that enables ‘spoken (or New Zealand sign language) interaction’ between the person and the council’s decision-makers or their official delegates. The recommended Have Your Say events, along with the recommended delegation to elected members and staff to hear from the public in relation to the local board agreement, provides for this spoken interaction.

22. The Have Your Say event recommended to be held in the Albert-Eden Local Board area is:

· Drop-in, Wednesday, 22 March 2023, 5.00pm to 6:30pm - Mount Eden War Memorial Hall (Upstairs Chamber Room), 489 Dominion Road, Mount Eden.

23. There will also be online information available and the opportunity to submit written or digital feedback. Note that the proposed date for the Have Your Say event will be checked with ward councillor/s to ensure they are able to attend.

24. If circumstances change between now and the start of the consultation period that require any changes to the approved Have Your Say event, these will be provided to the local board chair for approval in line with the recommended delegation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

25. The decision to consult is procedural in nature and the small scale of the Have Your Say events means any climate change impacts will be negligible.

26. However, where practicable, events proposed will be in locations accessible by public transport, to reduce private vehicle travel and increase opportunities for attendance.

27. Some of the proposed initiatives or projects included in the consultation content may have climate change impacts. The impacts of any initiatives or projects Auckland Council chooses to progress as a result of this consultation will be assessed as part of the relevant reporting requirements.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28. The Annual Budget 2023/2024 is an Auckland Council group document and will include budgets at a consolidated group level.

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

Local impacts and local board views

29. Aucklanders will have the opportunity to give feedback on regional and local proposals contained in the budget. All feedback received from submitters residing in the local board area will be analysed by staff and made available for consideration by the local board, prior to the local board finalising its local board agreement.

Tauākī whakaaweawe Māori

Māori impact statement

30. Many local board decisions are of importance to and impact on Māori. The local board agreement and Annual Budget 2023/2024 are important tools that enable and can demonstrate council’s responsiveness to Māori. The 2020 local board plan forms the basis for local priorities.

31. The approach to Māori engagement for Annual Budget 2023/2024 will be finalised when the consultation documents are adopted, including development of bespoke materials.

32. There is a need to continue to build local board relationships with iwi and the wider Māori community. Ongoing conversations will assist the local board and Māori to understand each other’s priorities and challenges.

Ngā ritenga ā-pūtea

Financial implications

33. There may be marginal costs associated for Have-Your-Say events including venue hire (where council premises cannot be utilised).

34. After consultation local boards will make decisions on local spending in the local board agreement with financial impacts that affect local communities.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35. There is a statutory requirement for content relating to each local board agreement to be included in the Annual Budget 2023/2024 consultation document. The local board must approve its local consultation content by close of business on 9 February 2023 in order for it to be formatted and reviewed in time to be incorporated into the Annual Budget 2023/2024 consultation document and supporting information for adoption by the Governing Body.

Ngā koringa ā-muri

Next steps

36. The Governing Body is due to adopt the consultation document and supporting information material and to approve the consultation approach for the Annual Budget 2023/2024 on 15 February 2023.

37. Following consultation, the Governing Body and the local board will make decisions on the Annual Budget 2023/2024 and local board agreements respectively in June 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Albert-Eden Local Board Consultation Document content (To be tabled)	53
b ⇩	Albert-Eden Local Board Supporting Information content (To be tabled)	55

Ngā kaihaina

Signatories

Author

Phoebe Peguero - Senior Advisor Operations and Policy, Local Board Services

Authorisers

Oliver Roberts - Acting General Manager, Local Board Services

Nina Siers - Local Area Manager

Placeholder for Attachment a

Annual Budget 2023/2024 local board consultation content

Albert-Eden Local Board Consultation Document content (To be tabled)

[1] Te Oranga o te Taiao means: the health of the natural environment, and the essential relationship between the health of the natural environment and its capacity to sustain life, and the interconnectedness of all parts of the environment, and the intrinsic relationship between iwi and hapū and te taiao

Chairperson	Margi Watson
Deputy Chairperson	Kendyl Smith
Members	José Fowler	Liv Roe
	Julia Maskill	Rex Smith
	Christina Robertson	Jack Tan