1 Nau mai | Welcome

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Ōtara-Papatoetoe Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 6 December 2022 and the extraordinary minutes of its meeting, held on Tuesday, 7 February 2023, as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Deputation - SPCA and Greyhounds at the Manukau Sports Bowl

Te take mō te pūrongo / Purpose of the report

1. Dr Alison Vaughan, from the SPCA National Office, will be in attendance to present to the board on the Manukau Sports Bowl, specifically the greyhound track.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank Dr Alison Vaughan from the SPCA for her attendance and presentation.

8.2 Deputation - Greyhound Protection League of New Zealand

Te take mō te pūrongo / Purpose of the report

Kelly Bold from the Greyhound Protection League of New Zealand will be in attendance to present to the board.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank Kelly Bold from the Greyhound Protection League of New Zealand for her attendance and presentation.

8.3 Deputation - Animal Justice Party Aotearoa New Zealand

Te take mō te pūrongo / Purpose of the report

Dr Michael Morris from the Animal Justice Party Aotearoa New Zealand will be in attendance to present to the board.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank Dr Michael Morris from the Animal Justice Party Aotearoa New Zealand for his attendance and presentation.

9 Te Matapaki Tūmatanui | Public Forum

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

9.1 Public Forum - Greyhound Racing New Zealand

Te take mō te pūrongo

Purpose of the report

A representative from Greyhound Racing New Zealand will be in attendance to speak to the board.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank the Greyhound New Zealand representative for their attendance and public forum presentation.

9.2 Public Forum - Auckland Greyhound Club

Te take mō te pūrongo

Purpose of the report

John Roberts from the Auckland Greyhound Racing Club will be in attendance to speak to the board.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank John Roberts from the Auckland Greyhound Racing Club for his attendance and public forum presentation.

9.3 Public Forum - Papatoetoe Athletics Club

Te take mō te pūrongo

Purpose of the report

Mellissa Lam from the Papatoetoe Athletics Club will be in attendance to speak to the board.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank Mellissa Lam from the Papatoetoe Athletics Club for her attendance and public forum presentation.

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Ōtara-Papatoetoe Local Board

21 February 2023

Adopting the Manukau Sports Bowl master plan

File No.: CP2022/16305

Te take mō te pūrongo

Purpose of the report

1. To adopt the Manukau Sports Bowl Master Plan.

Whakarāpopototanga matua

Executive summary

What the master plan is proposing

2. The Manukau Sports Bowl Master Plan (Attachment A) has been finalised following two rounds of public consultation. The master plan sets the vision for the park and aims to guide development of the park over the next thirty years.

3. The master plan proposed for adoption has been informed by a needs analysis which identified priority sport and recreation needs for the community and further assessment into the area’s athletic track needs.

4. In the short-term, the master plan supports improvements to basic park infrastructure (including walking and cycling routes), improvements to increase safety, provision of a splash pad and a playground upgrade to provide for a wider range of ages.

5. Longer-term enhancement projects that are proposed include new indoor courts, new synthetic athletics track and field facility, and covering the existing velodrome.

The community supports the master plan

6. Two rounds of public consultation, undertaken in April and August-September 2022, confirmed that the community generally supports the master plan including plans to upgrade the park to make it a welcoming space for local families. The provision of an athletics track and indoor courts were also strongly supported.

7. A detailed summary of the April 2022 community feedback is provided in Attachment C and a detailed summary of August-September 2022 feedback is provided in Attachment B.

8. During the plan drafting process, the master plan was updated to remove the greyhound racing facility from the plan. Feedback on the first draft of the master plan and a further needs assessment undertaken in July 2022 identified an athletics track and field facility should have priority over greyhound racing at Manukau Sports Bowl.

9. Athletics track and field has been prioritised because of the anticipated demand for an athletics track and field facility, and the low participation and low utilisation of the greyhound racing facility.

10. Public consultation on this updated draft master plan occurred during August and September 2022 to test the proposal to have a focus on athletics at Manukau Sports Bowl. This final round of consultation confirmed wider community support for the updated draft master plan including the community’s preference for indoor courts, covering the velodrome, and an athletics track and field facility over a greyhound racing facility.

To implement the master plan funding is required

11. Beyond the renewal of existing assets, there is no specific funding for the master plan which is estimated to cost in the vicinity of $100m to deliver.

12. The master plan provides direction for planning, business case development and funding identification to meet community sport and recreation needs in the local area.

13. Following the adoption of the master plan, Parks and Community Facilities and Eke Panuku will work together to develop an implementation plan for the master plan based on potential identified funding sources such as asset renewal, Transform Manukau programme funding and service property optimisation. This will include short-term activations to test ideas in the master plan. The plan is to implement master plan projects through asset renewals and capital expenditure over a 30 year period.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) adopt the Manukau Sports Bowl Master Plan dated November 2022 provided as Attachment A of the agenda report.

Horopaki

Context

Background information about Manukau Sports Bowl

14. Manukau Sports Bowl (the Sports Bowl) is a 21-hectare park strategically located adjacent to State Highway One and near Manukau City Centre.

15. The Sports Bowl is a local park under the local board’s governance, located within the Transform Manukau programme area. Transform Manukau is a programme led by Eke Panuku to develop Manukau to serve future generations and significant population growth.

16. The park currently provides for a mix of passive and active recreation activities. The main user groups are the Manukau Velodrome, Tennis Auckland, The Roots Collective and the Auckland Greyhound Racing Club.

17. There are a range of lease arrangements onsite including the Auckland Greyhound Racing Club lease which has a conditional right of renewal in 2022 for a further term of 33 years.

Previous Otara Papatoetoe Local Board resolutions informing master plan development

18. In September 2020, the local board approved the development of a master plan including the investigation of service property optimisation as a potential funding source for implementing the master plan (OP/2020/134).

19. The local board approved a vision for the park being ‘an accessible, inviting and inclusive destination park for everyone in our community’ (OP/2021/87).

20. A needs analysis was prepared by Visitor Solutions in 2021 to understand the priority sport and recreation needs for the local community. The following priority sport and recreation opportunities were confirmed for inclusion in the master plan at its December 2021 meeting (OP/2021/203):

· Tennis courts

· Play and informal recreation

· Indoor courts

· Walking

· Sports fields

· Splash pad

· Bike facilities

· Athletics

· Greyhound racing

21. The local board approved the draft master plan for community engagement in February 2022 (OP/2022/23). Public consultation was undertaken during April 2022.

22. Staff reviewed the community feedback on the notified draft master plan. A detailed summary of feedback is provided in Attachment B.

23. The first round of public consultation identified an athletics track and field facility was a priority for the community. The Visitor Solutions needs analysis and the first draft plan identified that more investigation was required for the provision of an athletics track and field facility. Subsequently, staff conducted a further needs analysis for athletics and made changes to the draft plan.

24. These amendments recognise the gap in athletics provision, and confirmed the priority of a synthetic athletics track and field facility to reflect the changing needs of the community. Confirming this priority for the park removed greyhound racing from the draft master plan.

25. The local board noted the findings from the in-depth needs analysis of athletics and approved the updated draft master plan for further community engagement in August 2022 which confirmed a focus on athletics (OP/2022/117).

Tātaritanga me ngā tohutohu

Analysis and advice

26. This report presents a summary of August-September 2022 consultation findings and provides an overview of the final draft master plan being proposed for adoption.

Overview of master plan proposed for adoption

27. The draft master plan presents a staged approach to development of the park to meet the vision of ‘an accessible, inviting and inclusive destination park for everyone in our community’.

28. In the short term, the plan proposes improvement of the basic park infrastructure (walking and cycling routes), improving safety, providing a splash pad, and upgrading the playground to provide for a wider range of ages.

29. The mid to long-term plan proposes the removal of greyhound racing, development of the athletics track and field facility, indoor courts and covering the velodrome.

Community Feedback

Community feedback on second draft master plan (August-September 2022)

30. During August-September 2022 council sought public feedback on the priorities or any further feedback about the updated draft master plan for the Sports Bowl.

31. Approximately 441 people provided feedback on the second draft master plan via:

· AK Have Your Say

· Social media

· Local schools

· Feedback forms

· Email.

32. The second round of consultation reached a different audience, the majority of people providing feedback (368 individuals and seven organisations) did not provide feedback on the first draft master plan in April. For those who did provide feedback in April, 29 people (or 56 per cent) said they had seen their feedback reflected in the updated plan, while 19 (37 per cent) said they had only seen a little of their feedback reflected.

33. When asked about how they feel about what has been prioritised in the plan, most individuals (76%) and ten organisations (91%) liked the priorities in the plan. Common themes included people liking the plan because it’s better for the community, supporting the removal of the greyhound racing track and supporting the development of facilities for physical activity.

34. A detailed summary of feedback is provided in Attachment B.

August – September 2022 feedback key points

Athletics

35. 325 individuals and ten organisations provided feedback in support of the updated master plan and support the provision of a synthetic athletics track and field facility at the park.

36. The Papatoetoe Athletics Club, who are based at Omana Park on a grass track, have indicated they would relocate to a synthetic track and field facility at the Sports Bowl. Many of their members and members whanau provided feedback, supporting the provision of a synthetic track and field facility for the following reasons:

· Close to where their members live which means they don’t have to travel to Pakuranga or Mt Smart to use a synthetic surface to train

· A synthetic track means athletes can train all year round and don’t have to close the track because it is too muddy to use

· Manukau Sports Bowl is seen as a high profile, central, convenient location.

37. Other comments received in support included:

· The facility would be a great free activity for people to do in the area

· Local schools could use the facility

· The facility would provide an opportunity to develop talents

· A gathering place for the community

· Many people noted the health and wellbeing benefits of physical activity and how the track would support this

· Provide a safe place for walking and running away from traffic.

38. 97 people commented that they would prefer an athletics track over a greyhound racing track for the following reasons:

· The current greyhound track is underutilised

· They have no interest in greyhound racing

· They considered the physical activity benefits of athletics outweigh the benefits of greyhound racing

· Animal welfare issues associated with greyhound racing

· The provision of a greyhound racing track in a park normalises gambling.

39. Eleven people (2.5%) commented that they wanted the synthetic athletics track and field facility delivered as a priority project in the short term. The phasing of project delivery will be considered as part of the implementation phase of the master plan which will take into account available funding, community needs and priorities.

Greyhound racing

40. Four people and two groups (1.3%) providing feedback supported the retention of the greyhound track. They considered the on track and broadcast audience would outnumber the potential users of the athletics track and field facility and the velodrome.

41. They suggested there were other locations where the athletics track and field facility could be located, although they did not mention these locations in their feedback.

42. The Auckland Greyhound Racing Club requested the Club be included in the master plan summary (3.11) as a Park Element and Criteria in the Long Term as in their view the feasibility of an athletic track is unknown. They also noted the Club is open to renegotiating a new lease and is open to sharing the central grassed field with another sporting activity.

43. Greyhound Racing New Zealand feedback requested certainty for greyhound racing at the Sports Bowl so they can continue to invest in the track and infrastructure. They consider the broader aims of the masterplan can be achieved while also retaining greyhound racing. The feedback also outlines the revenue generated by the greyhound racing track at the sports bowl and the industry in New Zealand.

44. Both Greyhound Racing NZ and the Auckland Greyhound Racing Club both outlined the animal welfare improvements they have made over the last seven years in their feedback and emphasised the financial implications of removing the greyhound racing facility.

Tennis and indoor courts

45. The continued provision and upgrade of the tennis courts was supported.

46. The provision of indoor courts was well supported especially by sports organisations and codes. These groups also requested the courts are delivered in the medium-term rather than staged over the medium and long term as the plan currently recommends.

Events

47. Tatāki Auckland Unlimited are holding the Lantern Festival at Manukau Sports Bowl for the first time in 2023.

48. The Tatāki Auckland Unlimited major events team have identified the size and location of the park is unique in the region and it is important that the design and layout of the park continues to support hosting major events. This includes designing elements so they can be moved easily, protecting large flat spaces, provision of power and designing cycleways and walkways so they can be driven on. The final draft master plan has been updated to include provision for hosting major events.

Analysis

49. Investigation is required before we can advise the local board on the feasibility of bringing forward the delivery of indoor courts. Early delivery of the courts could have an impact on the existing indoor court network. The rephasing of the indoor courts will be considered as part of the ongoing development of the indoor court network and the delivery of the master plan.

50. The detailed needs assessment and feasibility study for an athletics track and field facility found provision of a synthetic athletics track and field facility in the Manukau area within the next 15 years would meet the needs of the anticipated population growth and would support the operation, growth and development of Rongomai and Papatoetoe Athletic Clubs.

51. The provision of an all-weather synthetic track and field facility which is lit is likely to attract a high level of casual use by people walking and running. This will support greater physical activity in this community.

52. Manukau Sports Bowl is a good location as it is in the centre of the identified gap in athletic track and field provision in the south. The demographic profile of the anticipated population growth in the area is more likely to participate in athletics track and field than the wider Auckland population.

53. A high level of casual use of the track and field facility will be supported by the anticipated complimentary use of the indoor court facility. Indoor court users will use the track for running and other fitness training.

54. Based on the anticipated demand for an athletics track and field facility and the low participation and low utilisation of the greyhound track the detailed needs assessment report found that an athletics track and field facility should have priority over greyhound racing at Manukau Sports Bowl.

55. The draft master plan and in particular prioritising athletics track over greyhound racing received a high level of support from the community in the recent consultation. No change to the priority of athletics over greyhound racing is recommended.

56. The changes outlined above in paragraph 36 have been made to the master plan and on this basis we recommend the final master plan (attachment A) is adopted by the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

57. Climate impacts will be assessed during the development of an implementation plan and will be aligned with Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan.

58. Master plan implementation planning, and subsequent design and development, will include consideration of aspects such as water sensitive design, use of sustainable and ethical products, use of healthy products and construction waste. Assets over $10 million will be expected to achieve a minimum 5-star Green Star or equivalent rating.

59. The master plan emphasises the importance of ecological restoration and has actions to improve water quality including the wetland in the north of the park and a design which improves water quality, use and conservation.

60. The master plan aims to minimise urban heat island effects by creating cooler environments through minimising building footprints and hard landscaping, use of water in the landscape, increasing tree cover and vegetation.

61. These environmental initiatives will improve habitat for insects, birds and bats, and help offset carbon emissions, but are dependent on funding and resources to implement.

62. The impact of the synthetic track and field facility surface can be minimised by using materials which are recycled and do not shed microplastics.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

63. We have worked closely with Eke Panuku on the development of the master plan to ensure that the master plan aligns with the other Transform Manukau programme activity.

64. The Tatāki Auckland Unlimited major events team have identified the size and location of the park is unique in the region and it is important that the design and layout of the park continues to support hosting major events.

65. The final master plan has been reviewed by staff from Parks and Community Facilities and Eke Panuku. Staff support the master plan and the changes to the plan following community engagement.

66. Active Communities provided feedback on the timing of the delivery of the indoor courts.

67. The master plan has had input from various council departments including Parks and Community Facilities, Community and Social Policy, Local Board Services and Regional Services and Strategy. The roles and responsibilities of teams in the wider council group to implement the master plan are outlined in Table 1 of the June 2021 report (File No. CP2021/07418).

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

Local impacts and local board views

68. Implementation of the master plan will create lasting benefits for residents of the local board area and park users.

69. Feedback received on the master plan primarily came from Otara-Papatoetoe Local Board residents, many of whom mentioned they lived near to the Manukau Sports Bowl.

70. We shared the feedback on the draft master plan and the recommended changes to the master plan at a workshop with the local board on 15 November 2022.

71. The local board acknowledged the community’s desire to have the athletics track and field facility delivered earlier than in the long-term (15+ years).

72. The Manukau Sports Bowl Master Plan Needs Analysis Report prepared by Visitor Solutions (December 2021) noted “to maintain current level of synthetic track provision, an additional track may be required in 10-15 years somewhere in the Auckland Region”. The detailed needs assessment and feasibility study for an athletics track and field facility that was undertaken in July of this year (2022) found that the population of the Ōtara-Papatoetoe Local Board area will grow to a point where there will be enough need for a synthetic track and field facility in 2035-2040 to provide for both formal and informal recreation.

73. The local board can consider bringing forward the delivery of the track and field facility as part of the development of the implementation plan, subject to identification of funding.

74. The local board confirmed the consideration and support of using service property optimisation as a potential additional funding source for the implementation of the masterplan (OP/2020/134).

75. The local board members supported proposed changes to the master plan following community engagement.

Tauākī whakaaweawe Māori

Māori impact statement

76. We invited thirteen mana whenua to participate in the development of the master plan:

· Te Kawerau ā Maki

· Ngāi Tai ki Tāmaki

· Ngāti Tamaoho

· Ngāti Te Ata Waiohua

· Te Ākitai Waiohua

· Te Ahiwaru

· Ngāti Pāoa Trust Board

· Ngāti Pāoa Iwi Trust

· Ngaati Whanaunga

· Ngāti Maru

· Ngāti Tamaterā

· Waikato-Tainui

77. Workshops have been attended by representatives of Te Ākitai Waiohua, Ngaati Whanunga, Ngāti Tamaoho and Ngāti Maru.

78. A summary of mana whenua engagement and feedback was reported to the local board at their March 2022 business meeting (CP2022/02492).

79. Staff presented the updated draft master plan to a workshop with mana whenua on the 20 August 2022. Mana whenua were concerned about the artificial track surface shedding microplastics and recommended council use a product which does not shed microplastics and uses recycled materials.

80. Mana whenua have expressed a desire to be involved in the implementation of the master plan.

Ngā ritenga ā-pūtea

Financial implications

81. A rough order of costs for the implementation of the master plan was prepared in May 2022. The estimated cost to develop the Sports Bowl at May 2022 rates is approximately $100M.

82. The cost estimate for delivering the short-term plan of basic park infrastructure is approximately $20M. This will include the provision of walking and cycling routes, lighting to improve safety, a splash pad and upgrading the playground for a wider range of ages.

83. The cost estimates for long-term sports facility proposals are outlined in the table below:

Proposal	Approximate cost
Multi-sports indoor courts stage two (3 court capacity)	$20M
	$30M
Athletics Track (synthetic without grandstand building)	$2M
Removal of Greyhound facility	$1M
Covered Velodrome (fabric structure roof)	$23M

84. We anticipate the Sports Bowl will be developed in stages as the community grows, over the next 30 years. An implementation plan will guide the timing of project delivery.

85. We recommend the local board test some of the master plan ideas like closing the central road and making the park more bike friendly with activations prior to capital investment to make sure the activity suits the needs of the community. This could include temporary road closures, small events or a portable pump track.

Implementation funding

86. Approximately $15m CAPEX has been earmarked to support implementing part of the master plan with funds from the Transform Manukau programme.

87. Following the adoption of the master plan and the progressing of implementation plan led by Auckland Council, an Indicative Business Case that outlines the investment and funding options will be prepared for Eke Panuku governance review and approval, for projects which are seeking Transform Manukau programme funds.

88. In parallel, a Transform Manukau programme review of project priorities is also being discussed with Ōtara–Papatoetoe Local Board, to confirm whether the funding for the Manukau Sports Bowl is still a priority in the context of the rest of the wider programme in the Manukau City Centre and Wiri areas.

89. The local board can fund some elements of the master plan with locally driven initiatives capital funding and replacement of existing assessments via the asset renewal budget.

90. Service property optimisation is an alternative funding source which involves identification and sale of council land currently used for service purposes in the local board area. This could include investigating the potential for a partial land sale and property optimisation of the Sports Bowl itself to help fund elements of the wider master plan. Agreement would be required between Eke Panuku, Auckland Council and the local board, and is subject to the completion of applicable statutory processes including public consultation.

91. Ongoing investigations and implementation work will be undertaken by Auckland Council, Eke Panuku, and the local board to further identify the scope of investment.

92. Outside of Auckland Council funding sources, some projects in the master plan could be funded in partnership with clubs, organisations and external funders.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

93. A risk assessment has been undertaken and the following risk has been identified at this stage of the project.

94. Community and stakeholder expectations of opportunities. The development of a master plan has the potential to raise community and stakeholder expectations that the ideas in the master plan will be delivered. Any publicity on the adoption of the master plan will need to clearly communicate the need for detailed needs assessment and feasibility studies, timeframes and identification of funding to deliver on the opportunities.

95. Funding. The estimated cost to develop the Sports Bowl at May 2022 rates is approximately $100M. The plan is proposed to be implemented in stages over the next 30 years and a small amount of Transform Manukau programme funding has been earmarked to deliver some aspects of the plan in the short and medium term, subject to criteria, demand, wider Transform Manukau priorities and the approval of a business case.

96. The Local Board may determine priorities other than Manukau Sports Bowl for the Transform Manukau capital funding, which means there may not be capacity for the short or medium term initiatives from Eke Panuku.

97. The delivery of the plan will be subject to securing further funding over the next 30 years from Auckland Council and external funding partnerships. As above, publicity on the adoption of the master plan will need to clearly communicate the need for detailed needs assessment and feasibility studies, timeframes and identification of funding to deliver on the opportunities.

Ngā koringa ā-muri

Next steps

98. Following the local board’s adoption of the master plan, Auckland Council and Eke Panuku will work together to develop an Auckland Council-led implementation plan for the overall masterplan to recommend development staging and prioritised project/s.

99. In parallel, Eke Panuku will lead an Indicative Business Case to investigate and recommend feasible funding sources in addition to and including the Transform Manukau programme funding to support the delivery of the master plan, subject to project priorities and financial availability.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Draft master plan (Under Separate Cover)
b ⇨	August September 2022 feedback summary (Under Separate Cover)
c ⇨	April 2022 feedback summary (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Shyrel Burt - Service and Asset Planning Specialist

Authorisers

Richard Davison - Priority Location Director, Eke Panuku Development Auckland

Justine Haves - General Manager Regional Services Planning, Investment and Partnership

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

21 February 2023

Auckland Council’s Performance Report: Ōtara-Papatoetoe Local Board for quarter two 2022/2023

File No.: CP2023/00554

Te take mō te pūrongo

Purpose of the report

1. To provide the Ōtara-Papatoetoe 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. All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed), grey (cancelled, deferred or merged) or red (activities that have significant issues).

4. This quarter 141 of the 146 work programme items are on track and five items have minor issues or delays.

5. Key activity updates from this period include:

· Local civic events Ōtara-Papatoetoe (#336): There is an anticipated underspend as there have been fewer openings and blessings than expected this financial year and a reallocation of $4,000 is recommended.

· Placemaking: Revitalising town centres (#324): There is an underspend due to the cancellation of the Lantern Festival and a reallocation of $22,000 is recommended.

· Community grants (#340): This quarter the board awarded $28,650.90 in the Quick Response Round One and $2,000 for one Excellence Award.

· Ōtara Pool and Leisure Centre: Operations (#45): OSCAR enrolment has increased slightly and Kauri Kids ECE enrolments have had a slight decline.

· OP Sport & Active Recreation Facilities Plan (#1422): A consultant has been appointed and the first step of consultation has begun.

· Placemaking: Safe and resilient communities (#328): Work is still ongoing to find Pacifica wardens for Ōtara and Papatoetoe town centres.

· Ōtara Town Centre - renew fish canopy (#20187): The work to replace the glass and corrosion on the canopy is now complete.

· Climate Action Plan - Ōtara-Papatoetoe (#3046): The Beautification Trust have been contracted to complete community engagement for the Ōtara-Papatoetoe Climate Action Plan.

· Activation of Community Places - Clover Park Community House (Ōtara-Papatoetoe) (#3031): The renovations at Clover Park Community House are now complete and the house has re-opened.

6. Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, 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.

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

8. 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 Ōtara-Papatoetoe Local Board:

a) whiwhi / receive the performance report for quarter two ending 31 December 2022

b) tuhi ā-taipitopito / 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 or about 28 February 2023

c) tuhi ā-taipitopito / note the activity update on the Ōtara Creek Industrial Pollution Prevention Programme from financial year 2021/2022 in Attachment C

d) tuhi ā-taipitopito / note the options for reallocation of $22,000 from the Placemaking: Revitalising town centres (#324) work programme line, tabled at the meeting

e) whakaae / approve the reallocation of $4,000 from Local civic events Ōtara-Papatoetoe (#336) for local board Annual Budget 2023/2024 engagement

f) whakaae / approve the reallocation of $22,000 from the Placemaking: Revitalising town centres (#324) work programme line.

Horopaki

Context

9. The Ōtara-Papatoetoe Local Board has an approved 2022/2023 work programme for the following operating departments:

· Customer and Community Services

· Infrastructure and Environmental Services

· Plans and Places

· Auckland Emergency Management

· Tātaki Auckland Unlimited

10. The graph below shows how the work programme activities meet the Ōtara-Papatoetoe 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

11. The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

Graph 2: Work programme by RAG status

Chart, pie chart

Description automatically generated

12. 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, bar chart, waterfall chart

Description automatically generated

Key activity updates

13. Local civic events Ōtara-Papatoetoe (#336): It is expected that there will be an underspend as there are few anticipated openings in quarter 3 or 4. A reallocation of $4,000 to support Mana Whenua and Local Stakeholder engagement events for the Ōtara-Papatoetoe Local Board Annual Budget 2023/2024 is recommended. The current Annual Budget engagement amount is $1,000. The increased budget would allow for meaningful and targeted local engagement with mana whenua, stakeholders, and community groups and organisations.

14. Placemaking: Revitalising town centres (#324): At the 20 September 2022 Ōtara-Papatoetoe Local Board Business Meeting, the local board reallocated $22,000 to support the Lantern Festival 2023 (OP/2022/141), $15,000 to local stall holders and $7,000 for activations. As the Lantern Festival 2023 was cancelled, this funding is available for reallocation. Options for reallocation include: increasing environmental programmes, additional sports and recreation activities, and the Mayoral Relief Fund for the January 2023 flood. Further information on the options will be tabled at the meeting.

15. Community grants (#340): This quarter the board awarded $28,650.90 in the Quick Response Round One and $2,000 for one Excellence Award.

16. Allan Brewster Leisure Centre: Operations (#47): Memberships are up by 40 per cent in comparison to the first quarter. Group fitness occupancy has also increased by 43 per cent due to the new classes run by new staff. A six-week challenge for gym members, which saw 22 participants, was finished this quarter.

17. Ōtara Pool and Leisure Centre: Operations (#45): OSCAR enrolment has increased slightly, from 53 per cent to 54 per cent, compared to last quarter. Kauri Kids ECE enrolments have had a slight decline (4 per cent) compared to quarter one and is now at 30 per cent.

18. OP Sport & Active Recreation Facilities Plan (#1422): A consultant has been appointed and an initial meeting with key internal staff and CLM Community Sport was held this quarter. To begin the community consultation phase, an online survey was sent out to an inventory of known sport and active recreation groups and facility providers. The consultant and key staff have a series of kanohi ki te kanohi meetings with facility providers throughout the next quarter. A draft plan will be presented at a workshop in quarter four before final alterations and adoption of the plan in a following business meeting.

19. Placemaking: Revitalising town centres (#324): Accelerating Aotearoa completed two podcast series: #WeAreŌtara and #Curious Minds.

20. Taonga tuku iho - Legacy - we preserve our past, ensure our future (Ōtara Scorpions RL Club) - Ōtara-Papatoetoe (#3499): This quarter, three parts of the project were able to progress: oral history recording training, mural photo research, and planning for a gala day.

21. Community Arts Initiatives Programme (#318): This quarter Sistema Aotearoa held 43 programmes with a total of 130 sessions with 7611 participants.

22. Placemaking: Safe and resilient communities (#328): Work is still ongoing to find Pacifica wardens for Ōtara and Papatoetoe town centres. New wardens are being actively sought and staff are working to have wardens in place within the next three months.

23. Student intern programme - Ōtara-Papatoetoe (#1149): After a successful term three, Tupu Youth Library was unable to secure an intern for term four due to the students’ end of year exams commitment.

24. Ōtara Town Centre - renew fish canopy (#20187): The work to replace the glass and corrosion on the canopy is now complete. Next steps will be to progress the redesign for anchor points in the structure that are non-compliant.

25. Climate Action Plan - Ōtara-Papatoetoe (#3046): The Beautification Trust have been contracted to complete community engagement for the Ōtara-Papatoetoe Climate Action Plan. The first community workshop was held on 8 December 2022 at the Papatoetoe Food Hub. Staff have also contracted a supplier to draft the climate action plan. The supplier will draft the climate action plan from December 2022 to February 2023, incorporating community and subject matter expert input.

26. Activation of Community Places - Clover Park Community House (Ōtara-Papatoetoe) (#3031): The renovations at Clover Park Community House are now complete and the house has re-opened. To restart activities, a free workshop for children and rangatahi aged five to 15 years old was held. ‘Introduction to Coding and Robotics’ was facilitated by the team at Brain Play, with 24 young people attending, achieving full capacity.

27. Healthy Waters (Infrastructure and Environmental Services) have provided a memo (Attachment C) summarising the results of the Ōtara Creek Industrial Pollution Prevention Programme 2021/2022, which is a programme from last financial year (2021/2022). This programme was completed later than was scheduled due to staffing constraints caused by the COVID-19 lockdowns. In total, 80 businesses were visited between June and October 2022, and 29 recommendations were made to industries to help them reduce their pollution risks to (or impacts on) the Ōtara Creek and nearby waterways. Staff will continue to monitor progress and follow up with businesses until end of February 2023 to support implementation of the recommended changes.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

29. Work programmes were approved in June 2022 and delivery is underway. Should significant changes to any projects be required, climate change impacts will be assessed as part of the relevant reporting requirements. Any changes to the timing of approved projects are unlikely to result in changes to emissions.

30. The Ōtara-Papatoetoe Local Board is currently investing in a number of sustainability and environmental projects, particularly aimed at building awareness around individual carbon emissions and changing behaviour at a local level.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.

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

Local impacts and local board views

32. This report informs the Ōtara-Papatoetoe Local Board of the performance for ending 31 December 2022.

Tauākī whakaaweawe Māori

Māori impact statement

33. Ōtara-Papatoetoe Local Board is committed to integrating and supporting work that contributes to outcomes for Māori. This includes seeking opportunities for collaboration and early engagement with mana whenua.

34. The board collaborates with mana whenua on projects such as the Puhinui Reserve Plan, Manukau Sports Bowl development, Ngāti Ōtara Marae re-development, Te Kete Rukuruku (Māori naming of parks and places), the area plan review for Māngere and surrounding neighbourhoods, the Manukau Harbour Forum, Tāmaki Estuary Forum, and Matariki celebrations.

35. The board funds several work programme items that have a significant Māori focus or outcome, including the Tuia programme, Māori-led social and governance initiatives, and library programmes which celebrate te ao Māori.

36. Ōtara-Papatoetoe Local Board is also part of Ara Kōtui, a joint mana whenua and southern local boards initiative that explores and supports opportunities that enable mana whenua involvement in local board decision-making. Currently up to 12 mana whenua are involved in this initiative.

Ngā ritenga ā-pūtea

Financial implications

37. This report is provided to enable the Ōtara-Papatoetoe Local Board to monitor the organisation’s progress and performance in delivering the 2022/2023 work programmes.

38. Two reallocations are recommended in this report:

· $4,000 from Local civic events Ōtara-Papatoetoe (#336) for local board Annual Budget 2023/2024 engagement.

· $22,000 from the Placemaking: Revitalising town centres (#324) work programme line.

Financial Performance

39. Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, 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.

40. 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

41. 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.

42. 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

43. 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 ⇩	Ōtara-Papatoetoe Local Board Q2 work programme update	33
b ⇩	Ōtara-Papatoetoe Financial Perfomance Report FY23 Q2 - Confidential
c ⇩	Ōtara Creek Industrial Pollution Prevention Programme 2021/2022	73

Ngā kaihaina

Signatories

Author	Claire Abbot - Local Board Advisor
Authoriser	Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

21 February 2023

Local board feedback on the draft Future for Local Government report

File No.: CP2023/00583

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.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) provide feedback on the Draft Report to inform the council’s draft submission.

Horopaki

Context

6. 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.

7. 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.

8. 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/

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

10. 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.

11. 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.

12. 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.

13. The Report sets out recommendations and asks questions in relation to: revitalising citizen-led democracy, Tiriti-based partnership between Māori 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.

14. 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.

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

16. 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

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

18. 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.

19. 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.

20. 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

21. 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.

22. 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.

23. 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.

24. 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

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

26. 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

27. 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.

28. 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.

29. 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.

30. 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

31. 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.

32. 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).

33. 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.

34. 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.

35. 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

36. The submission will be developed within existing resources.

37. 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

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

Ngā koringa ā-muri

Next steps

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

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

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

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

Ngā tāpirihanga

Attachments

There are no attachments for this report.

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

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

21 February 2023

Draft Contributions Policy 2022, Variation A

File No.: CP2023/00795

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, most 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 $83,250. Public consultation opened on 13 September 2022 for 8 weeks, instead of the usual 4 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 Ōtara-Papatoetoe 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 10 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 30 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/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, Māngere, 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. Most 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 10 minute slot with 5 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. Twenty-six 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. Thirty-three responses were from those in the development industry. Responses from the industry show that 79 per cent opposed the proposal, 6 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 3 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

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

o property costing

o investment decisions by the government

o community facilities funding areas

o transport funding areas

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

o growth in the Drury area – reflecting recent plan change decisions

o interest rates

o construction cost inflation

o 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

Manoj Ragupathy - Local Area Manager

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 (Under Separate Cover)

Ōtara-Papatoetoe Local Board

21 February 2023

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

File No.: CP2023/00362

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, the board provided feedback by delegation (Resolution OP/2022/183k). The feedback is Attachment B.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) tuhi ā-taipitopito /note the feedback on the Justice Committee’s inquiry into the 2022 local elections attachment B to the agenda report.

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^{^[1]}. 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 https://aklcouncil.sharepoint.com/sites/how-we-work/SitePages/report-writing-guidelines.aspx - 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 additional 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.	99
b ⇩	Otara-Papatoetoe Local Board feedback	121

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Manoj Ragupathy - Local Area Manager

Chairperson	Apulu Reece Autagavaia
Deputy Chairperson	Dr Ofa Dewes
Members	Dr Ashraf Choudhary, QSO, JP
	Topou Folau
	Vi Hausia
	Albert Lim
	Swanie Nelson

Author	Carol McGarry - Democracy Advisor
Authoriser	Manoj Ragupathy - Local Area Manager

Purpose of the report

Purpose of the report

Purpose of the report

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