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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 16 February 2023

12.00pm

Howick Local Board Meeting Room
Pakuranga Library Complex
7 Aylesbury Street
Pakuranga

 

Howick Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Damian Light

 

Deputy Chairperson

Bo Burns

 

Members

Katrina Bungard

 

 

David Collings

 

 

Bruce Kendall

 

 

John Spiller

 

 

Mike Turinsky

 

 

Adele White

 

 

Peter Young, JP

 

 

(Quorum 5 members)

 

 

 

Matt Fletcher

Democracy Advisor

 

10 February 2023

 

Contact Telephone: 027 226 0530

Email: matt.fletcher@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Howick Local Board

16 February 2023

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Nau mai | Welcome                                                                  5

2          Ngā Tamōtanga | Apologies                                                   5

3          Te Whakapuaki i te Whai Pānga | Declaration of Interest                                                               5

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes              5

5          He Tamōtanga Motuhake | Leave of Absence                      5

6          Te Mihi | Acknowledgements                              5

7          Ngā Petihana | Petitions                                       5

8          Ngā Tono Whakaaturanga | Deputations           5

8.1     Aaron Martin of East Skate Club               5

8.2     Brian Brown and Alan Davies of the Huntington Park Residents & Ratepayers Association                                                  6

9          Te Matapaki Tūmatanui | Public Forum                                6

10        Ngā Pakihi Autaia | Extraordinary Business     6

11        Governing Body Member update                        9

12        Chairperson's Report                                         11

13        Auckland Council’s Performance Report: Howick Local Board for quarter two 2022/2023                                                                              13

14        Draft Contributions Policy 2022, Variation A  55

15        Annual Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021-2022.                                                                     65

16        Resource management reform: Natural and Built Environment Bill and Spatial Planning Bill                                                                            115

17        Local board feedback on the draft Future for Local Government report                                 159

18        Auckland Council’s submission on the Inquiry into the 2022 Local Elections                          171

19        Urgent Decision of the Howick Local Board to provide feedback on Auckland Council’s draft submission for the government’s Sale and Supply of Alcohol (Community Participation) Amendment Bill.                                               199

20        Workshop records                                            205

21        Hōtaka Kaupapa | Governance forward work calendar                                                             215

22        Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items

PUBLIC EXCLUDED

23        Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public                                             221

13        Auckland Council’s Performance Report: Howick Local Board for quarter two 2022/2023

b.      16 February 2023 - Howick Local Board - Operating Performance Financial Summary                                                  221


1          Nau mai | Welcome

 

The Chair will open the meeting and welcome everyone present. The Board will move to resolve their acceptance of electronic attendances – if there are any.

 

 

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 Howick Local Board:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 8 December 2022 and the minutes of its additional meeting, held on Thursday, 9 February 2023 as true and correct records.

 

 

 

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 Howick 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       Aaron Martin of East Skate Club

Te take mō te pūrongo

Purpose of the report

1.    Aaron Martin of East Skate Club will present to the Board a deputation discussing skate areas in Howick.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      thank Aaron Martin for their deputation and attendance.

 

 

8.2       Brian Brown and Alan Davies of the Huntington Park Residents & Ratepayers Association

Te take mō te pūrongo

Purpose of the report

1.    Brian Brown and Alan Davies of the Huntington Park Residents & Ratepayers Association will present to the Board a deputation.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      thank Brian Brown and Alan Davies for their deputation and attendance.

Attachments

a          16 February 2023 - Howick Local Board - Brian Brown and Alan Davies' Presentation....................................... 225

 

 

 

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       Dr Mike Thornber

Te take mō te pūrongo

Purpose of the report

1.    Dr Mike Thornber will present to the Board a public forum discussing the Lloyd Elsmore Park Pool and Leisure Centre.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      thank Dr Mike Thornber for his attendance.

 

 

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.”

 


Howick Local Board

16 February 2023

 

 

Governing Body Member update

File No.: CP2023/00101

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       A period of time (10 minutes) has been set aside for the Howick Ward Councillors to have an opportunity to update the local board on regional matters.

Whakarāpopototanga matua

Executive summary

2.       Providing the Howick Ward Councillors with an opportunity to update the local board on regional matters they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      receive the written and verbal reports from Cr Sharon Stewart QSM and Cr Maurice Williamson.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Author

Matt Fletcher - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 

 


Howick Local Board

16 February 2023

 

 

Chairperson's Report

File No.: CP2023/00102

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       This item gives the local board chairperson an opportunity to update the local board on any announcements and note the chairperson’s written report.

Whakarāpopototanga matua

Executive summary

2.       Providing the local board chairperson with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the chairperson’s verbal update and written report.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Matt Fletcher - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 

 


Howick Local Board

16 February 2023

 

 

Auckland Council’s Performance Report: Howick Local Board for quarter two 2022/2023

File No.: CP2023/00953

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Howick Local Board with an integrated performance report for quarter two, 1 October – 31 December 2022.

Whakarāpopototanga matua

Executive summary

2.       This report includes financial performance, progress against work programmes, key challenges the board should be aware of and any risks to delivery against the 2022/2023 work programme.

3.       The key activity updates from this period are:

·        Pest Free Howick (Infrastructure and Environmental Services, ID 574).

·        HW: Ecological and Environmental Programme FY23 (Customer and Community Services, ID 23).

·        Howick Beach – Renew Seawall (Customer and Community Services, ID 1959).

·        Howick stream improvement programme (Infrastructure and Environmental Services, ID 578).

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). The following activities are reported with a status of red (behind delivery, significant risk): 

·        HW: Te Kete Rukuruku (Māori naming of parks and places) Tranche 1 (Customer and Community Services, ID 3497). The local board is currently considering site selection. Decisions will be made in the next financial year.

5.       Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, the Council is subject to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H. These obligations restrict the release of half-year financial reports and results until the Auckland Council Group results are released to the NZX on or about 28 February 2023.

Due to these obligations the financial performance attached to the quarterly report is excluded from the public.

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 Howick Local Board:

a)      receive the performance report for quarter one ending 31 December 2022.

b)      note the financial performance report in Attachment B of the agenda report will remain confidential until after the Auckland Council Group half-year results for 2022/2023 are released to the New Zealand Exchange (NZX), which are expected to be made public on 28 February 2023.

 

Horopaki

Context

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

·        Customer and Community Services

·        Infrastructure and Environmental Services

·        External Partnerships

·        Plans and Places

·        Tātaki Auckland Unlimited

 

8.       The graph below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

9.       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

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10.     The graph below shows the activity status of activities which shows the stage of the activity in each departments the 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

Chart, waterfall chart

Description automatically generated

Key activity updates

11.     Pest Free Howick (Infrastructure and Environmental Services, ID 574). Pest Free Howick Ward was a finalist in three 2022 New Zealand Biosecurity Award categories. These included the BioHeritage Challenge Community Award, with the Pest Free Howick Ward community project nominated; New Zealand Biosecurity Kura (School) Award, with the Howick Schools Moth Plant Competition nominated; and the AsureQuality Emerging Leader Award, with Ethan McCormick - Pest Free Howick Ward and Friends of Mangemangeroa nominated. Ethan McCormick and the Howick Schools Moth Plant Competition were the winners. Pest Free Howick Ward conservation assistants continue to deliver new and existing conservation projects throughout the rohe. These include several small school plantings, on top of the larger school planting project at Mission Heights and planting efforts on Te Naupata Reserve. Ongoing weed control is being carried out across Ōtara Creek, protecting 17,000 plants that were established in 2019 and 2020.

12.     HW: Ecological and Environmental Programme FY23 (Customer and Community Services, ID 23). A total of 900 volunteer hours were recorded this quarter. Ongoing restoration work - including weed and animal pest control - continued at key sites. Several one-off clean-up events took place.

13.     Howick Beach – Renew Seawall (Customer and Community Services, ID 1959). Stakeholder consultation for resource consent has been completed. Tonkin and Taylor are working on compiling the resource consent documents. The survey and design includes an archaeological and arborist assessment. Once the design is finalized staff will prepare supporting documentation for the consenting process.

14.     Howick stream improvement programme (Infrastructure and Environmental Services, ID 578). In quarter, two maintenance works included release spraying of planted restoration sites at Riviera Drive, Kerwyn Avenue and Medvale Reserve. Ormiston College students continued their project to document the difference in plant growth rates on the Riviera Drive site. At Kerwyn Avenue, canopy trees were staked and weed mats pegged to reduce competition with privet seedlings. In Medvale Reserve, moth plant seedlings have been sprayed and other weed species controlled. The Trust has completed the upgrade of its operations base improving the space for the Stream Team and community coordinators. Community engagement is progressing the Neat Streets and backyard trapping projects for the next quarter.

Activities with significant issues

15.     HW: Te Kete Rukuruku (Māori naming of parks and places) Tranche 1 (Customer and Community Services, ID 3497). The local board is currently considering site selection. Decisions will be made in the next financial year.

Activities on hold

16.     The following work programme activities have been identified by operating departments as on hold:

·        Coordination of Howick Village Centre Plan Implementation (Plans and Places, ID 1293)

·        Flat Bush - develop library and multi-use community centre (Customer and Community Services, ID 10946)

·        Bramley Drive Reserve at 15R Bramley Drive Pakuranga: Farm Cove Maritime Trust (Customer and Community Services, ID 3529)

Changes to the local board work programme

 

17.     The following work programmes activities have been amended to reflect minor change, the implications of which are reported in the table below. The local board was informed of these minor changes, and they were made by staff under delegation.

Table 2: Minor change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

30554

Customer and Community Services

Howick – renew toilet blocks

Budget increase of $70,000

Additional budget is required for the renewal of the Lloyd Elsmore Park toilet facility due to the soffit being damaged by a member of the public, exposing asbestos that was underneath. Parts of the timber framing of the roof are rotten due to water ingress which also needs to be remediated as part of the renewal.

With asbestos being a high priority with health and safety, a full removal will occur to ensure in the future this won’t be an issue should the toilet blocks be vandalized again.

 

0

23996

 

Customer and Community Services

Highland Park Library – comprehensive renewal

Budget increase of $120,000

This project is under the risk adjusted programme and funding has been brought forward from future years in order to proceed with the delivery this financial year. RAPPED budget from future years FY24 and FY25 is $240,000.

The additional budget is sought for a full roof replacement due to numerous areas of leaking, external water ingress issues as well as asbestos present which needs to be managed. By increasing this financial year’s budget, we are able to complete delivery prior to the winter months and rainy season.

 

0

20383

Customer and Community Services

Howick Domain - renew facilities

Budget decrease of $190,000

The project manager is unable to spend the allocated budget this financial year due to the large-scale scoping and design that is required as well as direction from the Local Board. This budget is able to be reallocated to another project within this years capital works programme.

 

0

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

19.     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.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20.     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

21.     This report informs the Howick Local Board of the performance for ending 31 December 2022.

Tauākī whakaaweawe Māori

Māori impact statement

22.     Māori Engagement: Improving responsiveness to local Māori Howick (Customer and Community Services work programme ID 199). The Whare and the Marae continued to offer education programmes to groups. The Marae has been working to upgrade their facilities in order to provide a suitable environment for their students. This is the first year that the Whare is working under a new model of organisation of the education programmes. They have managed to put a regular stream of classes in place despite COVID-19 related closures.

23.     Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori – Howick (Customer and Community Services work programme ID 1134). In quarter 2, Howick Library held a flax weaving workshop for adults. The session was well attended and received. A second session of Te Wiki o Te Reo Māori was held in November, with 25 people attending. Also, Highland Park library completed updating their collection signage with bilingual Te Reo/English headings.

24.     HW: Te Kete Rukuruku (Māori naming of parks and places) Tranche One (Customer and Community Services, ID 3497). Two workshops to look at a selection of sites were completed. Information has been provided for the local board's consideration. Naming will be completed next financial year.

Ngā ritenga ā-pūtea

Financial implications

25.     This report is provided to enable the Howick 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

26.     Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, the Council is subject to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H. These obligations restrict the release of half-year financial reports and results until the Auckland Council Group results are released to the NZX on 28 February 2023.

Due to these obligations the financial performance attached to the quarterly report is excluded from the public.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27.     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.

28.     Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section

Ngā koringa ā-muri

Next steps

29.     The local board will receive the next performance update following the end of quarter three, 31 March 2023.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 February 2023 - Howick Local Board - 1 October to 31 December Work Programme Update

21

b

16 February 2023 - Howick Local Board - Operating Performance Financial Summary - Confidential

 

     

Ngā kaihaina

Signatories

Author

Blair Morrow - Local Board Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 

 



Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Draft Contributions Policy 2022, Variation A

File No.: CP2023/00632

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek feedback from local boards on the proposal (draft Contributions Policy 2022, Variation A) to add to the Contributions Policy 2022 projects planned to be delivered beyond 2031 to support growth in Drury.

Whakarāpopototanga matua

Executive summary

2.       Development contributions (DCs) are charges that recover from new developments a fair share of the cost of the council’s investment in infrastructure. To date our contributions policy has only recovered a share of cost of our infrastructure investment planned in the next ten years.

3.       The council has agreed to add projects beyond 2031 to the Contributions Policy for the Investment Priority Areas identified in the 10-year Budget 2021-2031 in stages starting with Drury. This will ensure early developers pay a fair share of the cost of the cumulative impact of growth on the council’s need to invest in infrastructure.

4.       The Contributions Policy 2022 was adopted in December 2021 and provides for the recovery of $399 million of the investment planned to be delivered in Drury in the period to 2031. The contributions price in Drury under this policy, including regional and sub-regional charges, is $22,564 per household equivalent unit (HUE – a house between 100m2 and 249m2). We are now proposing to vary this policy to add investments we plan to deliver beyond 2031 to support development in Drury.

5.       The original proposal was consulted on in late 2021 as part of the consultation on the region-wide Contributions Policy 2022. At that time, the majority of local boards were in support of the changes proposed in the draft Contributions Policy 2021

6.       The Finance and Performance Committee considered the report on the proposal, which included local board views, at its meeting on 9 December 2021.  The committee agreed to defer a decision on adding investment beyond 2031 to the Drury area to allow for the provision of further information requested by developers and additional time to make submissions once that information was provided. 

7.       The original proposal consulted on was revised accordingly and more information produced. The updated proposal included $2,470 billion of investment in Drury beyond 2031 of which $1.142 billion was to be funded by DCs. This would raise the average DC price in Drury by $60,687 to $83,25.  Public consultation opened on 13 September 2022 for eight weeks, instead of the usual four weeks, and closed on 8 November 2022.

8.       Sixty submissions were received, 33 of which were from those in the development community. The proposal was supported by 35 per cent of all submitters with 50 percent not in support.  A further 15 per cent did not clearly state their views on the proposal.

9.       This report summarises the key points made in submissions and notes officers’ initial analysis of the issues raised.

10.     Local board feedback is sought to inform the Governing Body’s consideration of the adoption of the proposal planned for April 2023. The report to the Governing Body will also be updated reflecting officers' final analysis of the responses to submissions, updates reflecting additional work that has been undertaken since consultation and in particular to incorporate the latest economic forecasts and recent government decisions on their investment in Drury.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      whakaae / approve feedback from local boards on the draft Contributions Policy 2022, Variation A.

 

Horopaki

Context

Development contributions and infrastructure investment

11.     Development contributions allow for an equitable and proportionate share of the total cost of growth-related capital expenditure to be recovered from the development community. The Contributions Policy sets out how the council will recover from new development an appropriate and fair share of the cost of infrastructure investment attributable to growth.

Growth and infrastructure investment

12.     Auckland’s population is expected to continue to grow in the next ten years on top of the rapid population growth we have experienced in the last decade, bringing the projected population to 1.8 million early next decade. We are forecasting the construction of 145,800 new dwellings in the next ten years. To support the development enabled by the Auckland Unitary Plan, we are facing both immediate and longer-term demands for infrastructure in growth areas. If we do not adequately plan for the delivery and funding of this infrastructure, the cumulative effects of this development could lead to an unfair rates burden on future ratepayers or a risk of infrastructure shortfalls for future residents.

Drury

13.     Drury-Opāheke is projected to grow by 22,000 new houses over the next thirty years. The proposal identified that an infrastructure investment of $2,869 billion will be required to support this growth. This investment will include a public and active transport led approach to transport infrastructure, parks and open spaces, and a new community facility that will include a local pool, leisure centre and library.

14.     Investment in Drury will take around 30 years to deliver. The Contributions Policy 2022 only requires developers to contribute to the $399 million of investment we plan to make over the next 10 years. Without DC funding for a share of the $2.470 billion investment planned beyond 2031, there is a risk that those undertaking development will not contribute a fair, equitable, and proportionate portion of the capital expenditure necessary to service long-term growth. This risk could lead to shortfalls in the provision of infrastructure for the future residents of Drury and additional and/or additional demands on the city’s ratepayers.

Consultation 2021 and decisions

15.     In 2021 the council consulted on a proposal to add investments planned to be delivered in Drury beyond 2031 to the 2022 policy and over the next year to the other Investment Priority Areas (IPAs) identified in the 10-year Budget 2021-2031. The IPAs are Inner Northwest, City Rail Link stations and Auckland Housing Programme (AHP) areas (Tāmaki, Mangere, Northcote, Oranga, and Mt Roskill). This would avoid an unfair rates burden on future ratepayers or the risk of infrastructure shortfalls for the future residents of new developments. The majority of local boards supported the original proposal. 

a)      The Finance and Performance Committee considered a report on the proposal at its meeting on 9 December 2021 (FIN/2021/119). The committee agreed in principle to add investments beyond 2031 to the Investment Priority Areas but deferred a decision on adding investment beyond 2031 to the Drury area. This was intended to allow the provision of more information to developers and other interested parties and allow more time for them to make further submissions with the benefit of this information.

Tātaritanga me ngā tohutohu

Analysis and advice

Updated proposal for consultation in 2022

16.     In response to the council’s direction (resolution FIN/2021/119 b), staff undertook substantial additional work internally, commissioned five external expert reviews of our methodology and key economic issues, and sought expert transport planning and engineering advice on the proposed investments.

17.     The original proposal consulted on was revised by updating our forecasts for the timing and location of growth within Drury and of construction costs, land price inflation, and interest rates.

18.     External reviews were sought on our growth forecasting, cost estimation, and approach to calculating the share of costs to be recovered from developers. Recommendations from these reviews were applied to our calculations of the contributions charges for projects to be delivered beyond 2031 in Drury for inclusion in the proposal consulted on. These changes will also be considered for incorporation into the wider contributions policy as part of our future policy reviews.

19.     Additional analysis of the distribution of the benefits of the proposed transport projects within Drury was also undertaken. The proposal consulted on allocated the transport costs to be recovered from development contributions to four new funding areas within Drury and to the relevant neighbouring areas. Adjustments were also made to neighbouring funding areas to reflect the benefits from community facilities investments, the regional transport funding area for wider transport benefits, and to the regional community facilities funding area for the library accordingly and more information produced.

20.     Following completion of the work above the investments planned for beyond 2031 included in the consultation were:

a)   $1.882 million in transport including arterial roads and key elements of the collector network to provide an integrated public and private transport network and active transport investment connecting Drury to the wider city (in addition to the $243 million council has already committed to invest before 2031)

b)      $403 million for 43 new parks, with a total land requirement of 32.4 hectares (in addition to the $156 million council has already committed to invest before 2031)

c)      $185 million for a single multi-purpose facility including a community facility, leisure centre, library, and local pool.

21.     Stormwater requirements for Drury beyond 2031 will be identified and added to the contributions policy as more information becomes available on the location and form of development.

22.     Of the $2.470 billion of projects, the proposal identified for delivery beyond 2031, $1.142 billion was proposed to be funded by developers through our contributions policy. This additional revenue requirement would raise the contributions price for Drury by an average of an additional $60,687, per household equivalent unit (HUE) to a total of on average $83,251 per HUE. Different charges would apply to different geographical areas based on the benefits accruing to each area.

 

Consultation

23.     Public consultation opened on 13 September 2022 for eight weeks and closed on 8 November 2022. Additional information provided included 13 documents and two spreadsheets to allow submitters to better understand the proposal. These can be found on the council’s Have Your Say page.

24.     During the consultation period, those from the development industry requested further information and in response the following additional materials were provided:

·        Transport cost estimates for Drury. Further details on individual construction cost elements for transport projects

·        Growth and HUE forecast. Spreadsheet outlining data used to forecast growth

25.     Around 336 stakeholders were directly approached to advise them of the consultation.  A media release was issued, and an article appeared in Our Auckland at the start of the consultation period.  The consultation was also promoted through the council’s Engagement and People’s Panel newsletters.  Forty-four people participated in the Have Your Say events held to support the consultation.

26.     Two online and two face-to-face Have Your Say (HYS) events were held.  Staff also attended a drop-in session in Drury organised by Waka Kotahi, two meetings organised by Drury developers, and a session organised by the Property Council of New Zealand. There were 44 attendees across all events representing 39 organisations. Officers also provided briefings to Waka Kotahi and the Ministry of Housing and Urban Development.

27.     An opportunity for developers to present their submissions directly to the Governing Body at a Have Your Say event was provided on 14 December 2022.  Developers were given a ten-minute slot with five minutes for their presentation followed by 5 minutes for questions from the decision-makers. The mayor and 16 councillors, heard presentations from 14 organisations at the session. 

Feedback and Analysis

28.     Sixty submissions were received.  Overall, the proposal was supported by 35 per cent of submitters with 50 percent opposing it.  A further 15 per cent did not clearly state their support or otherwise to the proposal. Key themes raised in the submissions are identified below. The submissions received in the consultation are available to elected members on the council’s meeting management system Nexus.

29.     26 individuals and one Māori organisation provided feedback.  Of these, 69 per cent were in support of this proposal, 15 per cent did not support the proposal while the views of 15 per cent of submitters were not clearly stated.

30.     Eleven of the individuals who supported the proposal commented that it was fair that developers should pay their fair share towards infrastructure. Those who did not state their support or otherwise thought that the council should support infrastructure development.

31.     33 responses were from those in the development industry.  Responses from the industry show that 79 per cent opposed the proposal, six per cent supported it and 15 per cent did not state a clear view.  Key themes from the developers’ feedback are outlined below.

Impact of higher development contributions

Feedback

32.     Developers’ submissions noted the following concerns that higher DCs will:

·        lead to higher house prices as developers seek to recover the increased costs. Developers who had already purchased land commented that they will be particularly disadvantaged as the increased DCs have not been included in the costs of their development

·        lead to Drury being treated unfairly in relation to the rest of the city with much higher DCs

·        discourage the construction of affordable housing as developers seek to recover higher costs with more expensive developments

·        redirect development from Drury to other areas of the city with lower DC prices. Lower DCs are charged in wealthy established central parts of the city where infrastructure is already in place whereas incoming residents to Drury, where affordable housing can be built, are less able to afford higher DCs

·        encourage land banking in Drury until house prices rise further or the policy changes.

Analysis

33.     For developers who have purchased land recently higher DCs will put pressure on their margins.  While staff acknowledge the impact a substantial increase in contributions charges is required if developers are to meet a fair share of cost of the investments required to support Drury’s development. The DCs charged in Drury will be higher than those in other parts of the city but this will reflect the council’s commitment to invest in infrastructure in Drury.

34.     In feedback received from the original consultation, developers expressed concern about the equity of charging them now for investments that wouldn’t be delivered until the next decade. Our independent expert advice confirms the council’s previously presented analysis: that while the physical infrastructure wouldn’t be delivered until later, current landowners still benefit from the commitment to deliver in terms of higher land values. Furthermore, development occurring during the early years of this policy still contributes to the need for planned capital expenditure that will be incurred beyond 10 years’ time.

35.     The independent economic consultants were asked for their views on the equity of our proposal to consider the likely impact of the proposal on house prices, and the viability of development in Drury. The consultants concluded that while the DC price will lower the price developers are willing to pay for land, this reduction is much lower than the increase in land value arising from the planning changes that enable housing development. There may be an indirect effect on the sequence of sites getting taken up for new housing across the city in the short term as development adjusts around a new equilibrium. However, this will be small relative to other market factors. Higher DCs may be an additional cost to development and could be argued to increase the return to holding land undeveloped however, earlier delivery of infrastructure funded by DCs is likely to accelerate development.  The full report was included in the supporting documents pack released as part of the consultation process.

Complexity with a 30-year time frame

Feedback

36.     Comments were provided on the accuracy of information on infrastructure requirements planned over a 30-year timeframe, including the assurance that revenue collected today will be used for future investment in infrastructure.  Other comments from submitters include:

·        possibility that infrastructure will not be needed resulting in over collection of DCs

·        impact of inflation on delivery of projects over time adds complexity

·        complexities arise around the accuracy of the price of infrastructure over a 30-year timeframe creating uncertainty. For example, when trying to estimate things such as inflation, delivery risks, costs of infrastructure, and future infrastructure demand over a 30-year period

·        doubt that benefits will be received by early developers

·        actions the council will have to take to ensure money collected today will be spent on delivery of the projects over 30-year period

·        it is not clear what happens to the initially unspent portions of development contributions paid, but intended to fund works that are 1, 2 or 3 decades in the future.

Analysis

37.     Forecasting capital expenditure over a 30-year horizon inevitably involves a higher degree of uncertainty than capex over the horizon of the 10-year Budget 2021-2031. However, the Local Government Act 2002 allows for development contributions to be recovered to fund capital expenditure to be incurred beyond the LTP period (10 years). The council may also vary the mix of projects for which development contributions will be used if there is a relevant change of circumstances relating to those projects, and the overall level of contribution does not increase.

38.     Our contributions policy is reviewed every three years to ensure that our planned infrastructure investment continues to meet the need of the developing community and is appropriately costed using the latest available information. This enables us to respond to changing circumstances, while ensuring that our charges remain fair for developers.

Consideration of other sources of funding

Feedback

39.     Several submitters considered the council should have given more consideration to alternative funding mechanisms before deciding to impose DCs. Submitters noted the council:

·        has not demonstrated sufficient consideration of alternative funding methods such as Infrastructure Funding and Financing through the Crown Infrastructure Partners

·        should consider the use of other funding and financing tools – such as targeted rates, congestion charging, Special Purpose Vehicles through the Funding and Financing Act and Specified Development Areas through the Urban Development Act – alongside DCs.

·        should consider using targeted rates to cover the costs of infrastructure that cannot easily be identified with sufficient certainty, subject to these rates being ringfenced for sole use on infrastructure to facilitate growth in the specific area in which the targeted rate applies.

Analysis

40.     The council’s Revenue and Financing Policy notes that at present DCs will be used to fund growth infrastructure. However, the Revenue and Financing Policy also makes provision for the use of other tools such as targeted rates and would also allow the use of levies under the Infrastructure Funding and Finance Act. All these tools have the same effective revenue for the council and cost for developers and landowners (the net present value is the same) but are triggered at different times.

41.     These options remain open to the council and can be used in combination with development contributions. The first step under any of these options is to establish the investments required to support growth in the IPAs and the appropriate share to be recovered from developers or landowners. All tools need to be applied early in the process to ensure early developments pay their share. The potential application of these funding tools will be considered in the advice to council in April.

Accuracy and assumptions used in the model

Feedback

42.     Comments were provided on the accuracy of information on infrastructure requirements planned over a 30-year timeframe, including the assurance that revenue collected today will be used for future investment in infrastructure.  Submitters also noted:

·        concern that the costings for the various projects incorporate excessive assumptions in respect of construction cost, contingency funding cost, and general inflation.

·        the recent plan changes which have not been considered

·        the model includes invalid assumptions concerning developer funded mitigation works and DC funded works, likely to lead to double dipping and over-recovery.

43.     Comments on projects were also provided:

·        the new policy encourages the council to design projects that are “gold plated” and have higher initial capital expenditure

·        changes in transport patterns (e.g., mode share, e-bike subscriptions and sharing platforms) will influence future transport requirements.

·        the full list of transportation projects arrived at by Supporting Growth Alliance has never been justified as being required to mitigate the effects of development in Drury East

·        an independent audit of the proposed projects and their intended scale is requested to help ascertain how much of the increased cost relates to local rather than general factors

·        the policy projects listed assumes that the council will purchase land from developers when in practice it is likely to require the land and infrastructure on it to be vested without charge or at a discount rate pursuant to the consent process will not incur these costs.

Analysis

44.     A formal review was undertaken of the methodology the council uses to set DC charges. To do this, three external advisors were contracted to review our methods for growth forecasting, cost estimation, and how we assess the beneficiaries that underpin the DC charge calculations.

45.     The feedback from our earlier consultation, the recommendations of these reviews, and our updated data models have allowed the DC calculation methodology to be refined to better suit the specific circumstances of Drury. The financial models were updated following a review conducted in November 2021. No errors in logic or in the functionality were identified in a review conducted in November 2022.

Updates to proposal

46.     Further analysis of the feedback raised by developers will be presented to the Governing Body for decision making, planned for April 2023 and will include potential changes to the proposed amendment. Officers are in the process of updating the proposal to incorporate further work we have undertaken since consultation concluded to:

·        respond as appropriate to issues raised in submissions including in the key areas noted below

·        refine the projects and project costings in the proposal including

estimates of developer mitigation - roading investments that developers will be required to provide as a condition of consent

property costing

investment decisions by the government

community facilities funding areas

transport funding areas

·    update the forecasts of the following factors to reflect the latest economic conditions and predictions:

growth in the Drury area – reflecting recent plan change decisions

interest rates

construction cost inflation

land price inflation.

 

Compliance

47.     Some submitters expressed a view that the proposal is not legally compliant and that there may be a case for a judicial review. Staff advice on the Contributions Policy is given in the context of highly prescriptive provisions of the Local Government Act 2002 (LGA) which cover the content of a contributions policy and the assessment of contributions. These provisions are the only source of the council’s power to require development contributions and must be strictly complied with.

48.     Staff have reviewed the proposal and will consider the matters raised in submissions giving consideration to the legislative requirements in the LGA, including specific content requirements for development contributions policies, and the council’s Revenue and Financing Policy.

Tauākī whakaaweawe āhuarangi

Climate impact statement

49.     Recommendations in this report have a neutral climate impact as they relate to the funding of capital investment rather than decisions on the activities to be undertaken.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

50.     The information presented on the projects included in the draft Contributions Policy 2022 Variation A was developed in conjunction with the following council-controlled organisations and council units:

·        Auckland Transport

·        Community Facilities

·        Community and Social Policy

51.     The Chief Economist Unit and Research Investigations and Monitoring Unit worked with us on growth and economic forecasts, the impact of higher development contributions on the pace of development, and on land and house prices.

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

Local impacts and local board views

52.     The Drury funding area in the proposal is within the Franklin and Papakura local board areas. The recommendations in this report support a higher level of infrastructure investment in the Drury area and sets a higher DC price in this area.

53.     Local board feedback is sought to inform the Governing Body’s consideration of the adoption of the Contribution Policy 2022, Variation A in April 2023.

Tauākī whakaaweawe Māori

Māori impact statement

54.     Development contributions are assessed against the demand that different types of development generate on council infrastructure. Māori developments are assessed under broader development types based on the demand they generate. For example, kaumātua housing is treated the same as retirement villages, and marae are considered under community facilities. As more Māori developments occur, evidence of demand generation can be used to reclassify developments or create new development types.

55.     Eleven iwi authorities (with mana whenua interests) in the Drury area were contacted prior to the start of consultation to seek expressions of interest in discussing and providing feedback on the proposed changes. All iwi authorities were also notified when consultation opened, further advising of how they could have their say. Opportunities to present to the Mana Whenua forum, the Independent Māori Statutory Board and other council forums were explored, however, this topic was not seen as a priority area at the time.  One response supporting this proposal was received from mana whenua who considered this was a fairer way to fund the required infrastructure.

Ngā ritenga ā-pūtea

Financial implications

56.     There are no financial implications from requesting local boards views.

57.     The proposal provides for additional investment by the council beyond 2031 to support growth in Drury of $2.470 billion. The draft Contributions Policy, Variation A provides for $1.142 billion of this investment to be funded by DCs.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

58.     The recommendation requesting local boards views does not present any risk. The risks associated with amending the contributions policy will be set out in the report to the Governing Body planned for April 2023.

Ngā koringa ā-muri

Next steps

59.     Feedback from the public consultation will be reported to the Governing Body in February 2023.

60.     Staff will provide advice, options and responses to the issues raised in the feedback to the Governing Body to assist in their decision making. 

61.     A decision-making report to the Governing Body is planned for April 2023 and will include potential changes to the draft policy and local board feedback.

62.     All local board feedback is due on 3 March 2023.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Andrew Duncan - Manager Financial Policy

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Victoria Villaraza - Local Area Manager

 

 


Howick Local Board

16 February 2023

 

 

Annual Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021-2022.

File No.: CP2023/00662

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the annual Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021-2022.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Group Māori Outcomes Report for 2021-2022 shows how the council group is contributing to the 10 mana outcomes of Kia Ora Tāmaki Makaurau – Māori Outcomes Performance Measurement Framework, and the LTP 10-year budget priorities.

3.       The council group published its first Māori Outcomes Report in 2019. This fourth edition flows on from earlier reports and provides information on performance, including how the council group has been supporting a Māori response and recovery from COVID-19. Each report aims to provide a comprehensive picture of annual progress to decision makers across the council group, Māori partners, elected members, leaders in governance, and whānau Māori.

4.       Highlights for the 2021-2022 year include:

·        Elevation of the council’s most senior Māori leadership role, Director Ngā Mātārae and Māori Outcomes, to the Executive Leadership team.

·        Manaaki Fund 2021 contributed to Māori partners’ Covid-19 initiatives, which supported whanau wellbeing during Auckland’s longest Covid-19 lockdown. A total of $297,570.00 was granted.

·        Continued success of Toi Tū Toi Ora through a year long programme of work in support of the previous year’s hugely successful Toi Tū Toi Ora exhibition.

·        Marae Infrastructure Programme continues to progress major infrastructure upgrades for six marae, and another nine marae formally engaged at various stages.

·        Amotai continues to support Māori businesses into procurement opportunities. In financial year 22, funding from the Māori Outcomes Fund enabled Amotai to work across 126 procurement opportunities worth a total of $150 million.

5.       Delivery challenges faced by some of our partners led to underspend of the Māori Outcomes Fund, with $14.3 million of its $18.7 million budget spent.

6.       Separate to the annual Māori outcomes report are 6-monthly measures reports for Kia Ora Tāmaki Makaurau – Māori Outcomes Performance Measurement Framework. The inaugural measures report for the July 2021 – Dec 2021 period was presented to the Parks, Arts Community and Events committee at the September 2022 meeting.

7.       The Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021-2022 will be publicly published with copies distributed to key partners including mana whenua iwi and mataawaka entities.

 

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      receive the annual Auckland Council Group Māori Outcomes Report: Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021-2022.

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Te Pūrongo a Te Kaunihera o Tāmaki Makaurau Ngā Huanga Māori 2021/2022 - Auckland Council Group Māori Outcomes Report 2021-2022

67

     

Ngā kaihaina

Signatories

Author

Ashley Walker - Principal Advisor - Maori Outcomes

Authorisers

Lou-Ann Ballantyne - Head of Māori Strategic Outcomes

Victoria Villaraza - Local Area Manager

Herewini Te Koha - Director Māori Outcomes

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

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

File No.: CP2023/00142

 

  

 

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 was 23 January 2023, whilst the deadline for feedback to be appended to the council’s final submission was 3 February 2023. As these deadlines were before the next ordinary business meeting, the Howick Local Board provided feedback to Auckland Council’s submission though an urgent decision (resolution number HW/2022/178). This decision is included in the agenda report as Attachment C.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the urgent decision made on 23 January 2023 to formalise the Howick Local Board’s position on Auckland Council’s draft submission for the government’s Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill).

 

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.

Diagram

Description automatically generated

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.

 

Diagram

Description automatically generated

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

125

b

Detailed Analysis and Advice on the new Resource Management System - local boards

127

c

16 February 2023 - Howick Local Board - Urgent Decision - Resource management reform: Natural and Built Environment Bill and Spatial Planning Bill

141

     

Ngā kaihaina

Signatories

Author

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

 

 


Howick Local Board

16 February 2023

 

 

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16 February 2023

 

 

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16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Local board feedback on the draft Future for Local Government report

File No.: CP2023/00070

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek feedback from local boards on the Draft Report released by the Future for Local Government Review Panel.

Whakarāpopototanga matua

Executive summary

2.       The Future for Local Government Review Panel released its Draft Report (the Report) for consultation on 28 October 2022.

3.       Auckland Council is preparing a submission in response to the Report. Submissions close on 28 February 2023.

4.       The Report makes 29 recommendations on a wide range of areas including: revitalising citizen-led democracy, achieving Tiriti-based partnership between Māori and local government, the approach to allocating roles and functions across different players, achieving genuine partnership between central and local government, more equitable funding, designing a local government system to enable the change we need, and putting in place effective system stewardship.

5.       Auckland Council has previously reached positions on some of the Report’s recommendations through programmes of work or engagement with central government. These positions will be the starting point for preparing the submission but there will be an opportunity for this council to reconsider those positions.

6.       The deadline for local board feedback to be incorporated into council’s submission was 2 February 2023. As this deadline was before the next ordinary business meeting, the Howick Local Board provided feedback to Auckland Council’s submission through an urgent decision (resolution number HW/2022/178). This decision is included in the agenda report as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the urgent decision made on 2 February 2023 to formalise the Howick Local Board’s position on the Draft Report released by the Future for Local Government Review Panel.

 

Horopaki

Context

7.       The Minister for Local Government established the Future for Local Government Review (the Review) in April 2021 and established a Review Panel (the Panel). The purpose of the Review is to identify how our local democracy and governance system needs to evolve over the next 30 years, to improve the wellbeing of communities and the environment and to actively embody the Treaty partnership.

8.       The Panel released its Interim Report in October 2021. The case for change described a local government under pressure without all the levers needed to deliver on community wellbeing. The sector therefore needs to work collaboratively with others including central government, iwi/Māori organisations, the business sector and community groups. It noted that trust had broken down and that there is a need for greater understanding between central government and local government.

9.       The Panel released its Draft Report He mata whāriki, he matawhānui on 28 October 2022. The Report can be found at: https://www.futureforlocalgovernment.govt.nz/reports/

10.     The Report makes 29 recommendations and asks a range of questions intended to inform the Final Report to the Minister.

11.     The Panel states that we are in a period of change (climate change, pandemics, biodiversity loss, social and economic inequity). This is causing many of our communities to lose trust in democratic institutions and to disengage. Government reform is creating further uncertainty for the role of local government in communities.

12.     The challenges facing Aotearoa New Zealand are too big for central government to address alone. Local government has a fundamental role to play in responding to these complex issues and improving the wellbeing of communities. This will require renewal and change (shifts) to many aspects of the local government system.

13.     The Panel previously indicated five shifts are needed to make this change: strengthened local democracy, authentic relationships with hapū/iwi and Māori, a focus on wellbeing, genuine partnership between central and local government, and more equitable funding. Two additional shifts – system design and stewardship – will also need to be considered.

14.     The Report sets out recommendations and asks questions in relation to: revitalising citizen-led democracy, Tiriti-based partnership between ori and local government, allocating roles and functions, local government as champion and activator of wellbeing, replenishing and building on representative democracy, and equitable funding and finance.

15.     Following the release of the Report, the Review Panel undertook a further round of engagement with the local government sector across New Zealand. This included three in-person sessions with local board members in Auckland on 5 and 6 December 2022.

16.     The Governing Body has approved the preparation of an Auckland Council submission in response to the Report. Submissions are due by 28 February 2023.

17.     The Panel’s Final Report is due with the Minister by June 2023. Any response to the Panel’s final recommendations will be a decision for the next government.

Tātaritanga me ngā tohutohu

Analysis and advice

18.     The purpose of the Review is highly relevant to local government and Auckland Council.

19.     Some recommendations in the Report are of a functional order (e.g. allocation of roles), some more foundational (e.g. Te Tiriti based partnerships) and some about the ‘system’ we work within. The Report does not necessarily set out all the relationships/interdependencies between the components.

20.     It is proposed that the council’s submission draws these connections where possible to ensure there is a clear understanding of how all elements of the future system will work together and potential impacts and risks. Council should also seek further clarity on the future funding framework for local government and the pathway to build the required capability and capacity to carry out its future role.

21.     The council has formed positions in previous terms on a number of recommendations contained in the Report. These will be the starting point for preparing the submission but there will be an opportunity for this council to reconsider those positions through the drafting process.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.     The Report acknowledges that councils have a significant role in mitigating and adapting to climate impacts in their areas. It also notes that the future climate challenge for local government is likely to be greater than the challenge it has faced over the past 30 years to address the infrastructure deficit.

23.     Current funding streams to manage the impacts of climate events are already being challenged, placing many communities at risk and requiring a long-term approach to addressing these issues. The sums involved to mitigate and respond to climate effects are likely to be significant.

24.     Accordingly, the Report recommends (recommendation 23) that central government develops an intergenerational fund for climate change, with the application of the fund requiring appropriate regional and local decision-making input.

25.     In its submission on the Draft National Adaptation Plan earlier this year, Auckland Council argued that central government funding is crucial and must have a long-term focus.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26.     CCO chairs and chief executives have been provided with a summary and high-level analysis of the Report.

27.     CCO staff are included in the experts across the council group who will develop the council’s submission for approval.

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

Local impacts and local board views

28.     The Report proposes that putting wellbeing at the core of council’s purpose and its roles and functions will unlock greater wellbeing outcomes for communities. Councils have an opportunity to strengthen and expand their role in three key ways: as anchor institutions, place-makers, and systems networkers and convenors.

29.     The Report also proposes a framework to guide the allocation of roles and functions between different actors: central government, local government, hapū/iwi and community. The framework starts with a local-first approach (the subsidiarity principle) and is guided by te ao Māori values.

30.     The Panel has engaged with local board members over the course of the Review in July 2021, March 2022 and most recently on 5 and 6 December 2022 through three separate in-person sessions held across Auckland.

31.     Local board views on the Report are sought and will be incorporated into the council’s submission as appropriate. Formal local board feedback will be appended to council’s submission.

Tauākī whakaaweawe Māori

Māori impact statement

32.     A finding of the Review is that the system needs to ensure a more meaningful expression of rangatiratanga and a more culturally specific exercise of kāwanatanga by councils, with te ao Māori values reflected at all levels of the system.

33.     In response, the Report proposes fundamental changes to Te Tiriti o Waitangi provisions of the Local Government Act 2002, a strategic role for Māori in identifying and addressing priority outcomes that will lift community wellbeing, as well as strengthened specific mechanisms for partnership and engagement (including the incorporation of tikanga Māori).

34.     It also proposes improvements to Māori representation at the council table, and a concerted investment in the capability and capacity of both local government and Māori to build and maintain a Tiriti-based partnership in local governance.

35.     Staff have engaged with iwi on the system shifts proposed by the Panel at earlier stages in the Review process. Now that the Report has been released, iwi have been asked for their views to be considered for inclusion in council’s submission.

36.     There has been ongoing engagement with IMSB staff on the Review and they will have an opportunity to review the council’s submission.

 

Ngā ritenga ā-pūtea

Financial implications

37.     The submission will be developed within existing resources.

38.     The recommendations of the Review Panel are multi-faceted and there is insufficient information to anticipate or quantify financial implications for the council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39.     No risks have been identified in relation to preparation of council’s submission.

Ngā koringa ā-muri

Next steps

40.     Staff are drafting a submission for the Governing Body’s approval at its meeting on 23 February 2023.

41.     There will be a briefing on the Draft Report for local board members on 23 January 2023.

42.     Local board views to be considered for incorporation into council’s submission must be received by 2 February 2023.

43.     Formal feedback to be appended to council submissions must be received by 23 February 2023.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 February 2023 - Howick Local Board - Urgent Decision - Future for Local Government Review Panel

165

     

Ngā kaihaina

Signatories

Author

Denise O’Shaughnessy - Manager Strategic Advice

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Auckland Council’s submission on the Inquiry into the 2022 Local Elections

File No.: CP2023/00389

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek local board feedback on the Justice Committee’s Inquiry into the 2022 local elections.

Whakarāpopototanga matua

Executive summary

2.       Parliament’s Justice Committee is conducting an inquiry into the 2022 local elections and is calling for submissions, which close on 14 February 2023.  It is usual practice for the Justice Committee to conduct an inquiry following a parliamentary or local election in case there are issues that require a legislative response.  For this inquiry, the committee will examine the law and administrative procedures for the conduct of the 2022 local elections, with particular reference to:

a)      low voter turnout

b)      the provision of election services by private organisations, with particular reference to:

·        special voting

·        provision of ballot papers

·        complaint processes

·        accountability for local elections

·        postal voting (including security of ballots and whether postal voting is an effective method of receiving votes)

c)      the age of eligible voters (with reference to lowering the age of eligible voters to 16 years).

3.       The changes to legislation requested in the draft submission are:

(i)      to allow overseas voters the ability to obtain and return a vote electronically as they do for parliamentary elections

(ii)     to accept votes date-stamped by the postal provider on the day of elections (or earlier)

(iii)     to increase the nomination deposit fee for mayoral candidates to reduce the risk of having to re-run an election if any candidate is found, prior to election day, to not be qualified to stand for election.

4.       Staff will report a fuller evaluation of the 2022 Auckland elections to the Governing Body meeting on 23 March 2023. Due to the Justice Committee’s early submission deadline it was not possible to complete this within the timeframe.

5.       The draft submission is attached as Attachment A and focusses on the issues the Justice Committee has identified. The body of this report provides an overview of the points made in the submission.

6.       The draft submission does not take a position on the question of lowering the voting age but makes comments that are relevant to Auckland Council’s context.  The local board might consider whether to resolve a position on voting age.

7.       Due to the constrained timeframe most local boards have not been able to meet to provide feedback but have used their urgent decision-making processes.  Feedback that is received prior to the Governing Body committee meeting will be circulated.  As is practice, all local board comments will be appended to the Auckland Council submission.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      provide feedback on the Justice Committee’s inquiry into the 2022 local elections.

 

Horopaki

Context

8.       Parliament’s Justice Committee is conducting an inquiry into the 2022 local elections and is calling for submissions, which close on 14 February 2023. For this inquiry, the Justice Committee will examine the law and administrative procedures for the conduct of the 2022 local elections, with particular reference to:

a)      low voter turnout

b)      the provision of election services by private organisations, with particular reference to:

·    special voting

·    provision of ballot papers

·    complaint processes

·    accountability for local elections

·    postal voting (including security of ballots and whether postal voting is an effective method of receiving votes)

c)      the age of eligible voters (with reference to lowering the age of eligible voters to 16 years).

9.       The draft submission focusses on these issues and raises some additional matters for legislative change.

10.     The Minister of Justice has separately established an Independent Electoral Review to review electoral law.  In September 2022 the review panel released its consultation document and submissions closed in November 2022. The panel will publish a draft report in May 2023 for public comment on the panel’s recommendations and will provide its final recommendations to Government in November 2023[2].  This review deals with Parliamentary electoral law but is of relevance to local government in that matters such as the electoral term and voting age are within its scope.

11.     The key steps in a local election by postal vote comprise:

·    the Electoral Commission updates the Parliamentary electoral roll

·    the council’s Electoral Officer updates the ratepayer roll

·    the council’s Electoral Officer calls for and receives nominations for candidates

·    the council’s Electoral Officer arranges for voting documents to be posted to those on the residential and ratepayer rolls

·    voters have about three weeks to post their ballots

·    the ballots are counted, and the council’s Electoral Officer declares the results.

Tātaritanga me ngā tohutohu

Analysis and advice

Low voter turnout

12.     The submission compares turnout in Auckland with turnout in other New Zealand metropolitan councils and with some councils overseas.

13.     The level of turnout in Auckland is in-line with these, though higher turnout is experienced in countries with compulsory voting and in a few standouts such as Denmark.

14.     The submission conveys the results of the council’s most recent post-election survey where respondents were asked why they did not vote.  The top reasons were:

·     I don’t know anything about the candidates

·     I forgot to vote

·     I am not interested in politics or politicians.

15.     Some common suggestions to improve turnout include online voting (which Auckland Council has supported in the past).  This is on hold while the Government Communications Security Bureau has concerns about cyber-security.  In Canada over 150 municipalities conduct online voting, but a researcher there advised turnout increased by only about 3 per cent.

16.     The draft submission also comments on the possibility of providing booth voting as well as postal voting.  For the 2022 elections there was a noticeable increase in those who wished to vote on election day itself.  Booth voting on election day, in addition to postal voting in the weeks prior, would reduce barriers for some.  Electors of councils in the United Kingdom have the option of both, but turnout is same as for Auckland Council, if not lower.

17.     The submission also considers the argument for introducing political parties into local elections but, again, this is the case with councils in the United Kingdom, which have low turnouts.

18.     Compulsory voting would be a major change and should be left to the Independent Electoral Review panel.

19.     The draft submission notes there are no obvious easy solutions to increasing turnout (other than compulsory voting) however it notes options for reducing barriers and improving voter experience.

Provision of election services by private organisations

20.     The draft submission notes that it is impossible for staff to run elections as well as undertaking their normal duties.  The routine election services need to be contracted out for the sake of efficiency and effectiveness.

21.     For the 2022 elections, Auckland Council utilised 25 staff (mostly on a part-time basis) from across the main organisation to undertake those activities that it had a responsibility for.  Collaboration between this virtual team and Elections Services was important and worked well.

Special voting

22.     The identification of special voting centres and their staffing is a collaborative undertaking between the Electoral Officer, Election Services and the council.  Council facilities are used and council staff take part and are trained by the Electoral Officer to undertake the associated duties.

23.     There have been issues experienced with running out of special voting papers due to electors attending special voting centres outside of their area.  An option being investigated for 2025 is to provide the ability to print special voting documents at special voting centres if hard copies run out.

Provision of ballot papers

24.     The draft submission notes the various reasons an elector might not receive a ballot paper, a frequent one being that electors forget to update their details on the electoral roll with the result their ballot paper is sent to their former address.

Complaint processes

25.     The submission notes that there are three agencies involved in complaints about local elections, those being:

·        the Electoral Commission in terms of matters relating to the electoral roll

·        the Electoral Officer, who is responsible for the conduct of the election

·        the council, which is responsible for regulations relating to election signs and for promoting the elections.

26.     This can be confusing for electors who sometimes contact the wrong agency when making a query or wanting to make a complaint.  Auckland Council has learnt that there needs to be excellent communication between the agencies to ensure that queries and complaints are dealt with appropriately.

27.     Council advisory staff dealt with:

·    32 complaints / queries relating to election signs

·    54 complaints / queries relating to election protocols for staff and incumbent members

·    63 complaints / queries not categorised.

28.     Council bylaw enforcement staff conducted 154 visits of election signs as a result of complaints.

29.     The Electoral Officer referred three complaints of alleged offences to the Police.

Accountability for local elections

30.     The submission notes that the council has previously expressed support in principle for the administration of local elections to be the responsibility of the Electoral Commission.  Until that happens the council believes the current arrangements, with their respective accountabilities, work well.

Postal voting

31.     The submission notes that postal services are now in decline and that Auckland Council provided vote boxes for voters to deposit their ballots at:

·    Countdown supermarkets

·    train stations

·    libraries and other council facilities.

32.     There were 136 vote boxes with 127,000 votes deposited into them (31 per cent of all votes). 

33.     The submission notes that postal voting does not serve overseas voters well.  Staff are aware of one voter in Australia whose voting pack was posted on 16 September and who received it on 15 October, in the week following election day.  This was subsequently found to be a problem with an overload in the local mail centre.

34.     For Parliamentary elections, overseas voters may download their voting paper, fill it in and upload it back.  This happens over the internet and regardless of GCSB concerns about online voting, staff believe this is a risk worth taking and the same option should be available for overseas voters in local elections.  A recommendation is made for legislative change to allow this.

Age of eligible voters

35.     The draft submission does not commit the council to a position on this topic but makes comments about some matters that are relevant to local elections and to the council:

(i)         Local elections use the parliamentary electoral roll which is established under the Electoral Act 1993.  Age eligibility is not set separately under the Local Electoral Act 2001, and this should continue to be the case

(ii)        Local elections include electing licensing trust members.  Young people cannot purchase alcohol until they are 18 years of age.  This is due to greater vulnerability of younger people to alcohol harm. Vulnerability to alcohol is a separate issue to the competency to vote and should not disenfranchise a young person.  Older people who are vulnerable to alcohol are not disenfranchised. 

(iii)       The council’s Youth Advisory Panel has a minimum age of 14 though the youngest to date has been 15 years old.  Experience is that younger people contribute with well-considered opinions.

Candidate deposit to stand for mayor

36.     If a candidate for mayor is found, between the close of nominations and election day, to be unqualified to stand for election the election for mayor is declared void and has to be held again.  The cost of doing this is covered by insurance but it would be extremely inconvenient to electors and increase the risk of reputational damage.  The election of a new mayor would not be finalised until the following year.  

37.     There are no other positions where this is required.

38.     For the 2022 Auckland Council elections, there were 23 candidates for mayor. The higher the number of candidates, the greater the risk of an unqualified mayoral candidate, and invalidated election. If the threshold for standing for mayor was raised, it would reduce candidates to those who were serious about standing and the risk of having to hold the elections again would be reduced.  The submission proposes raising the deposit for mayoral candidates from $200 to $500.  A balance needs to be struck between mitigating this risk, and not limiting candidacy for mayor to those who are wealthy.

Tauākī whakaaweawe āhuarangi

Climate impact statement

39.     Most of the issues discussed in the submission do not impact the climate except that it is likely online voting would reduce emissions if it meant that voting documents and booklets for over 1 million electors no longer needed to be printed and posted.  This reduction would be ongoing.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

40.     There are no impacts on the council group.

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

42.     The impact of elections on representation of Māori on Auckland Council is an important matter and is being considered separately to this submission through an internal review of the Council’s election processes to be conducted in March.

Ngā ritenga ā-pūtea

Financial implications

43.     There are financial implications associated with matters discussed in the submission, but these have not yet been quantified.  For example, if the council introduces booth voting in addition to postal voting, then there will be an additional cost to running the election.

44.     On the other hand, if the return of ballot papers is not through New Zealand Post but by voters depositing their ballots in council vote boxes, there could be a small reduction in cost due to the freepost reply not needing to be paid.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

45.     The risks associated with a mayoral candidate being unqualified to stand election with the result the election has to be run again is raised in the council’s submission.  This is a significant risk for Auckland Council. Mitigation to this risk is described in paragraphs 43-45.

Ngā koringa ā-muri

Next steps

46.     The Planning, Environment and Parks Committee will consider the submission on Thursday 2 February 2023.

47.     Local board resolutions will be included in the Auckland Council submission on this matter.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Submission to the Justice Committee Inquiry into the 2022 Local Elections.

177

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Urgent Decision of the Howick Local Board to provide feedback on Auckland Council’s draft submission for the government’s Sale and Supply of Alcohol (Community Participation) Amendment Bill.

File No.: CP2023/00692

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note that an urgent decision was made to formalise the Howick Local Board's position on Auckland Council’s draft submission for the government’s Sale and Supply of Alcohol (Community Participation) Amendment Bill.

Whakarāpopototanga matua

Executive summary

2.       At its meeting on 17 November 2022 the Howick Local Board resolved (HW/2022/178) the following in relation to urgent decision-making:

That the Howick Local Board:

a)    delegate authority to Chairperson Damian Light and Deputy Chairperson Bo Burns, or any person acting in these roles, to make urgent decisions on behalf of the local board, if the local board is unable to meet

b)    confirm that the Local Area Manager, chairperson, and deputy chairperson (or any person/s acting in these roles) will authorise the use of the local board’s urgent decision mechanism by approving the request for an urgent decision in writing

c)    note that all urgent decisions made, including written advice which supported these decisions, will be included on the agenda of the next ordinary meeting of the local board.

3.       Local boards have the opportunity to provide feedback on Auckland Council’s draft submission for the government’s Sale and Supply of Alcohol (Community Participation) Amendment Bill.

4.       An urgent decision is required as the deadline for feedback to be incorporated into the council’s submission is 1 February 2023. The Howick Local Board’s next scheduled business meeting is on 9 February 2023.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the urgent decision made on 1 February 2023 to formalise the Howick Local Board’s position on Auckland Council’s draft submission for the government’s Sale and Supply of Alcohol (Community Participation) Amendment Bill.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 February 2023 - Howick Local Board - Urgent Decision - Sale and Supply of Alcohol Amendment Bill

201

     

Ngā kaihaina

Signatories

Author

Matt Fletcher - Democracy Advisor

Authorisers

Victoria Villaraza - Local Area Manager

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Workshop records

File No.: CP2023/00103

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       This item attaches the workshop records taken for the period stated below.

Whakarāpopototanga matua

Executive summary

2.       Under Standing Order 12.1 workshop records shall record the names of members attending and a statement summarising the nature of the information received, and nature of matters discussed.  No resolutions are passed, or decisions reached but are solely for the provision of information and discussion.

3.       This report attaches the workshop records for the period stated below.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the workshop records for workshops held on 15 December, 26 January, and 2, 9 February

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 February 2023 - Howick Local Board - 15 December Record of Workshop

207

b

16 February 2023 - Howick Local Board - 26 January Record of Workshop

209

c

16 February 2023 - Howick Local Board - 2 February Record of Workshop

211

d

16 February 2023 - Howick Local Board - 9 February Record of Workshop

213

     

Ngā kaihaina

Signatories

Author

Matt Fletcher - Democracy Advisor

Authorisers

Victoria Villaraza - Local Area Manager

Louise Mason - General Manager Local Board Services

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

 

 

Hōtaka Kaupapa | Governance forward work calendar

File No.: CP2023/00104

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Howick Local Board with its updated Hōtaka Kaupapa.

Whakarāpopototanga matua

Executive summary

2.       The Hōtaka Kaupapa for the Howick Local Board is in Attachment A. The calendar is updated monthly, reported to meetings and distributed to council staff.

3.       The Hōtaka Kaupapa / governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:

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

·   clarifying what advice is expected and when; and

·   clarifying the rationale for reports.

 

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a)      note the Hōtaka Kaupapa included as Attachment A of the agenda report.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 February 2023 - Howick Local Board - Hōtaka Kaupapa

217

     

Ngā kaihaina

Signatories

Author

Matt Fletcher - Democracy Advisor

Authorisers

Victoria Villaraza - Local Area Manager

Louise Mason - General Manager Local Board Services

 

 


Howick Local Board

16 February 2023

 

 

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Howick Local Board

16 February 2023

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Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Howick Local Board

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

 

13        Auckland Council’s Performance Report: Howick Local Board for quarter two 2022/2023 - Attachment b - 16 February 2023 - Howick Local Board - Operating Performance Financial Summary

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains detailed financial information that has an impact on the financial results of the Auckland Council group, that requires release to the New Zealand Stock Exchange. Restatement/review date: 1/09/22..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 


Howick Local Board

16 February 2023

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.2      Attachment a    16 February 2023 - Howick Local Board - Brian Brown and Alan Davies' Presentation Page 225


Howick Local Board

16 February 2023

 

 

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[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

[2] https://electoralreview.govt.nz/have-your-say/