Agenda of Waiheke Local Board - Wednesday, 22 February 2023

1 Nau mai | Welcome

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace…good peace.

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 Waiheke Local Board:

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

b) confirm the extraordinary minutes of its meeting, held on Wednesday, 8 February 2023, including any confidential section, as a true and correct record.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waiheke 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 - Pam Oliver - Project Forever Waiheke Holistic Economic Planning

Te take mō te pūrongo

Purpose of the report

1. To consider the deputation from Dr. Pam Oliver, representative of Project Waiheke Forever Working Group, seeking the board’s consideration of developing a plan for holistic community economic development.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board has received a deputation request from Dr. Pam Oliver regarding the consideration of their proposed economic plan.

3. Project Forever Waiheke proposes that a holistic, community-based plan be adopted by the Local Board.

4. The presentation is attached.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) thank Dr. Pam Oliver, representative of Project Forever Waiheke Working Group, for their attendance and presentation regarding the proposed approach of holistic community economic development.

Attachments

a Deputation to the Waiheke Local Board to undertake holistic ‘community economic development’ planning for Waiheke Island................................... 273

8.2 Deputation - Aya Oba on behalf of Waiheke Island Society for the Care of Animals (WISCA) presenting on the care of the roosters at Onetangi Sports Park

Te take mō te pūrongo

Purpose of the report

1. To receive the deputation and presentation from Aya Oba on behalf of Waiheke Island Society of the Care of Animals (WISCA) concerning the care of roosters located at the entrance to the Onetangi Sports Park.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board has received a deputation request from Aya Oba, an animal advocate, representing WISCA. Aya will be making a presentation concerning the care of roosters located at the entrance to the Onetangi Sports Park.

3. The presentation is attached.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) Thank Aya Oba, representing WISCA, for her presentation on the care of roosters at the Onetangi Sports Park.

Attachments

a WISCA Presentation Roosters at Onetangi Sports Park......................... 281

8.3 Deputation - Hana Blackmore and Kathy Voyles, representing Waiheke Climate Alliance, on Community Resilience and Emergency Preparedness

Te take mō te pūrongo

Purpose of the report

1. To receive the deputation and presentation from Hana Blackmore and Kathy Voyles, representing Waiheke Climate Alliance, on how we can improve our responses and community resilience following the recent severe weather events.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board has received a deputation request from Hana Blackmore and Kathy Voyles, representing Waiheke Climate Alliance, on how we can improve our responses and community resilience following the recent severe weather events.

3. The submission is attached.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) Thank Hana Blackmore and Kathy Voyles, representing Waiheke Climate Alliance, for their presentation on how we can improve our community resilience and responses to severe weather events.

Attachments

a Community Resilience - Hana Blackmore Submission to the Waiheke Local Board........................................ 293

9 Te Matapaki Tūmatanui | Public Forum

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

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

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Waiheke Local Board

22 February 2023

Quick Response round two 2022/2023 grant allocations

File No.: CP2023/00698

Te take mō te pūrongo

Purpose of the report

1. To fund, part-fund, or decline applications received for Waiheke Local Board for Quick Response Round two 2022/2023.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board adopted the Grants Programme 2022/2023 on 25 May 2022 (Attachment A). The document sets application guidelines for contestable grants submitted to the local board.

3. The local board has set a total community grants budget of $89,601 for the 2022/2023 financial year.

4. Eleven applications were received for consideration by the Waiheke Local Board for the Local and Multiboard grant round one 2022/2023, requesting a total of $37,246.62. $18,765 was allocated, leaving $70,836 for the remaining rounds.

5. Sixteen applications were received for consideration by the Waiheke Local Board for the Quick Response grant round one 2022/2023, requesting a total of $30,484.99. $19,304 was allocated leaving $51,532 for the remaining rounds.

6. Eight applications were received for consideration by the Waiheke Local Board for the Quick Response grant round two 2022/2023, requesting a total of $15,681.

7. This report presents applications received in the Quick Response grant round two 2022/2023 (attachment B).

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) agree to fund, part-fund or decline each application listed below:

b) Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
QR2318-203	Omiha Welfare & Recreation Society inc	Sport and recreation	Towards tree work and petanque court materials at 9 Valley Road, Omiha from 1 March 2023 to 1 June 2023	$2,000.00	Eligible
QR2318-204	Waiheke Playgroup	Community	Towards venue hire, craft supplies, kitchen supplies and cleaning costs at Old Blackpool School Hall from 1 Mach 2023 to 29 February 2024	$2,000.00	Eligible
QR2318-205	Waiheke Community Radio Trust	Community	Towards computer monitors, computer racks and cables at 4 Korora Rd from 1 March 2023 to 1 May 2023	$1,513.00	Eligible
QR2318-207	The Re-Creators Charitable Trust	Community	Towards wages and materials for Upcycling community DIY art and craft activation events from 2 March 2023 to 30 June 2023	$1,880.00	Eligible
QR2318-208	Waiheke Island Toy Library Incorporated	Community	Towards toys, wages and a toy scanner at the Waiheke Toy Library from 1 April 2023 to 31 December 2023	$4,000.00	Eligible
QR2318-209	Waiheke Amateur Radio Club	Community	Towards radio transceiver at 4 Korora Road from 4 March 2023 to 11 March 2023	$2,000.00	Eligible
QR2318-211	Waiheke Community Childcare Centre Incorporated	Community	Towards sand and bark for the playground at 3a Donald Bruce Road from 15 March 2023 to 31 May 2023	$1,288.00	Eligible
QR2318-213	Youthline Auckland Charitable Trust	Community	Towards Youthline operational costs from 1 March 2023 to 31 December 2023	$1,000.00	Eligible
Total				$15,681.00

Horopaki

Context

8. The local board allocates grants to groups and organisations delivering projects, activities, and services that benefit Aucklanders and contribute to the vision of being a world-class city.

9. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme.

10. The local board grants programme sets out:

· local board priorities

· lower priorities for funding

· exclusions

· grant types, the number of grant rounds and when these will open and close

· any additional accountability requirements

11. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, radio, and community networks.

Tātaritanga me ngā tohutohu

Analysis and advice

12. The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. All applications have been assessed utilising the Community Grants Policy and the local board grant programme criteria. The eligibility of each application is identified in the report recommendations.

Tauākī whakaaweawe āhuarangi

Climate impact statement

13. The local board grants programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups with projects that support community climate change action. Local board grants can contribute to climate action through support of projects that address food production and food waste, support alternative transport methods, support community energy efficiency education and behaviour change, build community resilience, and support tree planting.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

14. According to the main focus of the application, each one has received input from a subject matter expert from the relevant department. The main focuses are identified as arts, community, events, sport and recreation, environment or heritage.

15. The grants programme has no identified impacts on council-controlled organisations and therefore their views are not required.

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

Local impacts and local board views

16. Local boards are responsible for the decision-making and allocation of local board community grants. The Waiheke Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme

17. The board is requested to note that section 48 of the Community Grants Policy states; ‘we will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time’.

Tauākī whakaaweawe Māori

Māori impact statement

18. The local board grants programme aims to respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Nga Mātārae has provided input and support towards the development of the community grant processes

Ngā ritenga ā-pūtea

Financial implications

19. The allocation of grants to community groups is within the adopted Long-term Plan 2021-2031 and local board agreements.

20. The local board has set a total community grants budget of $89,601 for the 2022/2023 financial year.

21. Eleven applications were received for consideration by the Waiheke Local Board for the Local and Multiboard grant round one 2022/2023, requesting a total of $37,246.62. $18,765 was allocated, leaving $70,836 for the remaining rounds.

22. Sixteen applications were received for consideration by the Waiheke Local Board for the Quick Response grant round one 2022/2023, requesting a total of $30,484.99. $19,304 was allocated leaving $51,532 for the remaining rounds.

23. Eight applications were received for consideration by the Waiheke Local Board for the Quick Response grant round two 2022/2023, requesting a total of $15,681.

24. Appropriate financial officers have been consulted.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board grants programme. The assessment process has identified a low risk associated with funding the applications in this round.

Ngā koringa ā-muri

Next steps

26. Following the Waiheke Local Board allocating funding for the round, the grants staff will notify the applicants of the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke 2022 2023 Community Grants Programme	19
b ⇩	Waiheke Quick Response Round Two Application Summary	27

Ngā kaihaina

Signatories

Authors

James Boyd - Grants Advisor

Authorisers

Pierre Fourie - Grants & Incentives Manager

Glenn Boyd - Local Area Manager

Waiheke Local Board

22 February 2023

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

File No.: CP2023/00229

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

3. The key activity updates from this period are:

· Local Parks Management Plan (ID 1328): The hearings report was published during this quarter and a hearing was held. The hearings panel is expected to meet for deliberations early in Q3.

· Rangihoua Onetangi Park Management Plan (ID 1329): Public consultation on the draft plan closed on 9 November 2022, resulting in over 70 submissions. In Q3 the report including options and recommendations on the hearings panel structure will be presented to the local board for approval.

· Conservation Advisor - Waiheke Collective coordinator (ID 675): The Waiheke Collective Coordinator recruitment was successfully completed during this quarter.

· Construction Waste Leadership (ID 3039): This contract was signed during this quarter. Construction site visits have commenced, and all notified construction projects will be visited, assessed for risks, diversion potential and opportunities for engagement.

· Business emergency resilience programme (ID 1368): Auckland Emergency Management staff visited Waiheke Island during this quarter to meet with small business owners and distribute the emergency preparedness packs.

4. All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred, or merged). The following activities are reported with a status of red (behind delivery, significant risk):

· Swimming pool development fund (ID2822) and Feasibility Study for swimming pool (ID2827): This activity is delayed as attempts to connect with the Ministry of Education to progress the pool development at Te Huruhi School are yet to be successful.

· Waiheke Area Plan (ID 1522): The draft plan has been finalised however there have been delays with the last of the three iwi groups which have been involved in the process to date.

· Matiatia Gateway Masterplan (ID 1664): Non-transport outcomes will be advanced in partnership with Ngāti Pāoa and cannot proceed until Ngāti Pāoa issues are resolved. This will enable the proposed governance relationship with the Waiheke Local Board to be confirmed.

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

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

6. The Customer and Community Services capex budget has been revised to incorporate delayed delivery or earlier commencement of individual projects or other changes that are of material value.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

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

b) approve funding of $10,000 from the Sustainable Community and Tourism (Locally Driven Initiatives) budget to the Waiheke Resources Trust to support delivery of Ecofest 2023.

c) reallocate $3,000 from the Event Partnership (Locally Driven Initiatives) budget to the community grants budget as the 2023 Onetangi Races is not taking place.

d) 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.

Horopaki

Context

7. The Waiheke 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.

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

Graph 1: Work programme activities by outcome

Chart, bar chart

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Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

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

Graph 2: Work programme by RAG status

10. The graph below shows the activity status of activities which shows the stage of the activity in each departments the work programmes. The number of activity lines differ by department as approved in the local board work programmes.

Graph 3: Work programme by activity status and department

Key activity updates

Local Board Plan Outcome 1: Sustainable development and liveable places

11. Waiheke Area Plan: A workshop has been requested to provide members with an update on the draft Area Plan.

12. Dark Sky Park – Eastern End (ID 429): A local planning consultant was contracted to review the draft lighting management plan and compliance schedule and provide recommendations to council's Plans and Places team. This will enable the lighting management plan to move on to the next phase of approval from council's Planning Committee in Q3.

Local Board Plan Outcome 2: A sustainable economy

13. Waiheke Destination Management Plan (led by Auckland Unlimited): Due to COVID-19 the draft has been delayed. The board will receive an update from Tātaki Auckland Unlimited shortly.

14. Waiheke Community Art Gallery (ID 412): During this quarter the gallery hosted 20 programmes and had 14,511 attendees and participants. The gallery’s trust board further streamlined the governance of the gallery and of the gallery-owned Sculpture on the Gulf through the appointment of trustees of the former to the gallery’s board. This will enhance the governance of both the gallery and the sculpture event.

15. Artworks Theatre (ID 414): Artworks Theatre presented 33 programmes with 1620 attendees and participants over this quarter. Highlights included the Waiheke Short Play Festival, which offered the opportunity for local directors, actors, and technicians to cocreate work and a festival together. The dance showcase Dance Out Loud featured 80 local dancers aged between 4 and 82. The Waiheke Cabaret featured a diverse range of local and off island performers and raised $11,000 towards the Artworks Theatre seating fund, December’s Spirit of Waiheke Christmas show also raised funds, which will go towards local families in need.

Local Board Plan Outcome 3: Waiheke's environment is protected, restored and enhanced

16. Climate Action Programme (ID 626): During this quarter the activator supported two applications for the Auckland Climate Fund. These were proposals by Carbon Neutral NZ and Cycle Action Waiheke in partnership with Bike Auckland. Electric Island drafted a third application on energy resilience. The activator will continue to work with all groups to identify suitable funding sources for their projects. The activator is also developing a communications plan which includes half-page insert template to be updated fortnightly in the Gulf News to promote local climate action initiatives. There are plans and preparations to convene an advisory group in Q3.

17. Conservation Advisor - Waiheke Collective coordinator (ID 675): The Waiheke Collective Coordinator recruitment was successfully completed through quarter two. The successful recruit was introduced to the board in February and discussed the plan for the remainder of the 2022-2023 financial year.

18. Construction Waste Leadership (ID 3039): The contract is now signed with Island Waste Collective. In quarter three, site visits will commence with the schedule being four weekly visits for smaller builds and six weekly for larger ones. All notified construction projects will be visited, assessed for risks, diversion potential and opportunities for engagement. There was an introduction to building control early in the New Year and site recycling bins will be organised for delivery via Waste Solutions. The mid project report is due end of March 2023.

19. Ecological Community Partnership Programme (ID 586): The Love our Wetlands programme had 936 volunteer hours recorded in Q2 by 256 volunteers. Over 597 trees were planted mostly at Matiatia and Rangihoua reserve sites. Over 15,997 m2 of weeds were controlled in reserve spaces. Waiheke Resources Trust carried out spring community plantings from October to November in wetland areas.

20. Ecological and environmental volunteers programme (ID 588): There were 590 volunteer hours recorded this quarter. The Rat tracking Index was a continuing win for the programme at ten percent. The Ratbusters contract continued to be engaged with Te Korowai O Waiheke Project which is organising the rat pilot project which covers part of the contract area for Ratbusters.

21. Local Parks’ Volunteers Programme (ID 2955): There were 1,275 volunteer hours estimated for the quarter with the focus on maintaining plantings, controlling weeds at McKenzie Reserve, Park Reserve, Te Aroha access Reserve and Newton Reserve. Planning for winter 2023 plantings were underway with plants being ordered and locations set aside for all reserves listed above for plantings. Wild Omiha received help from Waiheke Resources Trust for its programme to remove invasive weeds on Mary Wilson Reserve next to Wairua Road.

22. Waiheke Environmental Fund (ID 798): The first round of the Environmental Grants saw seven applications requesting nearly $36,000 in funding and over $20,000 of projects approved. The groups benefiting are the Rakino Snorkel group, Newton Reserve group and WRT Love our Wetlands, Wild on Waiheke and Pouteria Charitable Trust. Three of the applications will be funded more directly through council’s Environmental Services budget.

23. The Waiheke Marine Education Initiative (ID 624): Waiheke High School students have completed Experiential Day one including snorkelling, drama and Ngāti Paoa experience at Enclosure Bay. Students have completed Experiential Day two at the Forest and Bird Te Atawhai Whenua walkway to Matiatia and Films for Change workshops at Artworks. Students from Te Huruhi have been supported with their Keep Cup Film launch in conjunction with Young Ocean Explorers. Te Huruhi students are investigating eDNA at Hooks Lane Wetland. In quarter three, the facilitator training and teacher meetings are booked.

24. Waiheke Water Quality Programme (ID 629): During this quarter, digital newsletters have been created and shared. The Waiheke Resources Trust held a Welcome to Waiheke event at the Ostend market. An onsite wastewater workshop was held on 29 November 2022. Waicare sampling also started this quarter.

25. Bike Hub (ID 627): There have been 122 visitors and 78.5 volunteer hours during the quarter. Sixty-five bikes have been fixed. Eleven bikes were rescued from the waste stream and six bikes were sold at low cost to the community along with one bike trailer. There are ongoing advertisements in the Gulf News with weekly opening hours and any upcoming events. There were several events as part of ‘Biketober’ including a Fridge Crawl with Love Food Hate Waste, a Little Bike Film Night at the Sustainability Centre, a Vintage Ride exploring The Ghost Wharves of Waiheke and a bikepacking trip.

26. Waiheke Ecological Restoration contracts (ID 987): Early summer works have made good progress, particularly on Rangihoua. Natural Environment Targeted Rate (NETR) top up funding has helped increase the area that is able to be covered, including initial control of climbing asparagus in particular. Maintenance of moth plant, privet and Japanese honeysuckle continues.

27. Waiheke Arboriculture contracts (ID1168): The multiple severe weather events have resulted in higher than usual numbers of reactive requests for maintenance however there has been no impact on delivery of critical works. During this quarter works focused on pruning in parks and open spaces. Aftercare on this year’s plantings is a focus to ensure plants are watered weekly, mulching, adjusting supports and pruning as needed.

Local Board Plan Outcome 4: Thriving, strong and engaged communities

28. Event Partnership Fund (ID 424): The Onetangi Beach Race organisers have advised that due to resourcing issues within Rotary, the 2023 event will not take place. They have engaged an event management company to assist with delivering the event in 2024. The $3,000 is available for the local board to reallocate.

29. Sustainable community and tourism (ID 3548): Following feedback from local business networks the sustainable tourism award will be deferred to enable business to recovery from covid impacts. Design development will continue in Q3.

30. The board heard a presentation from Waiheke Resources Trust in February regarding a funding proposal for EcoFest 16 March – 16 April 2023. The trust is seeking funding support of $10,000 towards the festival which will complement sponsorship and donations funding (Attachment C). This project aligns with the Sustainable community and tourism activity, and it is recommended this funding proposal be supported using funds from this budget.

31. Youth Development Waiheke (ID 417): The board funds $10,000 to Waiheke Adult Learning to develop and support local youth aged 16-24 and develop activities that meet their needs. During this quarter a total of 13 young people between the ages of 14 and 24 completed the First Aid Certificate training, as well as 54 driving lessons taken by young people aged 16 - 24 years. In Q3, these programmes will continue to be offered and promoted.

32. Arts and culture response fund (ID 415): In February 2023 the Artworks Theatre will be leading a series of free events, that will present a range of different arts practices from local practitioners.

33. Business emergency resilience programme (ID 1368): Auckland Emergency Management staff visited Waiheke Island in November to meet with small business owners and distribute the emergency preparedness packs. An article motivating business owners to prepare for emergency events and download AEM's resources ran in the Gulf News in November. The article also sought business owners' interest in a business preparedness workshop to be held in 2023.

Local Board Plan Outcome 5: Māori Outcomes

34. Māori Responsiveness Waiheke (ID 420): Piritahi Marae has continued to expand its outreach into the wider community by providing activities and programmes that draw on those that connect with Māori cultural practices especially in the areas of sustainability and awareness of the natural environment. Plans are in place for the local board to meet with the Marae Komiti in Q3. Te Reo Māori at Waiheke Adult Learning has continued for ngā uri o Paoa and mataawaka akonga.

Local Board Plan Outcome 6: Vibrant places for people

35. Tawaipareira Reserve stage two - replacement of play space, bike track, new flying fox (ID 31031): The resource consent for the project underway with approval expected by the end of February. The pump track has arrived and currently in storage. Procurement has commenced and works are expected to commence in April / May.

36. Rangihoua Onetangi Park Management Plan (ID 1329): Public consultation on the draft plan closed on 9 November 2022, resulting in over 70 submissions. The submissions data is being reviewed and a report, originally forecasted to be delivered in Q2, is being prepared for the hearings panel. In Q3 the report including options and recommendations on the hearings panel structure will be presented to the local board for approval.

37. Local Parks Management Plan (ID 1328): In November, the hearings report was published and a hearing was held. The hearings panel is expected to meet for deliberations early in Q3 FY 2022/2023. This will inform the recommendations report released by the independent commissioner.

38. Citizens Advice Bureau renewal (ID 36658): The design contract has been awarded to an engineer who has completed a site visit for measurements and preliminary scoping. Consent lodgment expected by March 2023.

39. Full Facilities Maintenance (ID 985): Facility maintenance delivery remains high to key performance indicators following the transition to the new contractor. Annual town centre planting and infill plantings have been completed and will be monitored to ensure they establish successfully.

40. BBQs have been replaced at Little Oneroa Reserve and degraded signs are being replaced in parks and reserves:

41. Little Oneroa Reserve - renew play space, stairs and pathways (ID 15451): Resource consent has been approved and physical work procurement has been approved. Construction will commence during Q3.

A picture containing grass, sky, water, outdoor

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42. Onetangi Sports Park - general renewals (ID30690): First batch of changing room has been delivered to site with resource consent lodged for additional relocatable style changing room with toilets and utility connections.

43. Open space lighting - sports and amenity lighting (ID 30707): Detailed drawings and specifications for upgrades of the floodlights on the sports field at Ostend Domain and Onetangi Domain have been received from engineers. The tender documentation has been completed and physical work procurement is underway.

44. Putaki Bay and Ostend Domain - renew coastal assets (ID 2556): The resource consent has been lodged and tender documents are being prepared.

Local Board Plan Outcome 7: Resilient transport and Infrastructure

45. Walking and Cycling Promotion (ID 659): Biketober included a series of events across the island including Waiheke Fridge Crawl and Vintage Ride. The Waiheke Walking Festival was delivered in November and included a wide variety of guided walks on both public tracks and private land, attracting local, national and international visitors. Te Ara Hura maps were reprinted and distributed to ferries, CAB and visitor sites around the island. It is planned work with mana whenua to review the Māori elements of the map prior to the next reprint.

Activities with significant issues

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

47. Swimming pool development fund (ID2822) and Feasibility Study for swimming pool (ID2827) Red status: During the last quarter the board provided funding to install shade sails over part of the Te Huruhi School pool. However, attempts by staff to the Ministry of Education to progress the wider proposal for a pool development at Te Huruhi School are yet to be successful.

48. Given the budget constraints Auckland Council are currently facing, there is a risk that the $283,000 carried forward discretionary budget could be taken as savings if there is no progress prior to year-end.

49. Pathways Plan - prioritisation review (ID589) Red status: This review will prioritise and develop an implementation programme for pathways connections including consideration of linkages to the Auckland Transport 10-year plan. This project has been delayed due to staff workload constraints however as budget for delivery has been deferred into future years the delay will not have significant impacts on delivery.

Activities on hold

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

51. Swimming pool development fund (ID2822) and Feasibility Study for swimming pool (ID2827): Refer to the above comments.

52. Te Whau Esplanade Reserve - stabilise Hitapa track (ID1991): Geotechnical specialists have confirmed there is limited works required relating to slip repairs. The track in its entirety will be repaired under the track renewal programme.

53. Mātiatia Gateway Masterplan (ID1419): As a significant part of the site is a Site of Significance to Māori in the Hauraki Gulf Islands (HGI) District Plan, progress on the masterplan is reliant on Ngati Paoa reaching internal agreement on how it wants to proceed, and this being considered by the Waiheke Local Board.

54. Given the budget constraints Auckland Council are currently facing, there is a risk that the $132,000 carried forward discretionary budget for this project could be taken as savings if there is no progress prior to year-end.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

57. 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

58. This report informs the Waiheke Local Board of the performance for ending 31 December 2022.

Tauākī whakaaweawe Māori

Māori impact statement

59. The Matiatia planning project aims to prepare a strategic plan for Matiatia which reflects the aspirations of the Waiheke community and respects the interests and rights of mana whenua for the future use of that land. Ngāti Paoa had representation on the project working group and are working to identify their aspirations for the site.

60. A contract has been awarded to work with young iwi artists for weaving iwi design input into aspects of the Tawaipareira Reserve renewal including patterns for basketball court and learn-to-ride track and various play design elements.

61. Engagement with mana whenua continues for the draft Waiheke Area Plan.

62. The Waiheke Library continues to grow their Te Reo and Tikanga Māori knowledge and are evaluating how we use Te Ao Māori in service and programme design.

Ngā ritenga ā-pūtea

Financial implications

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

64. There are two proposed changes with financial implications within this report.

· Allocation of $10,000 from the Sustainable Community and Tourism (Locally Driven Initiatives) budget to the Waiheke Resources Trust to support delivery of Ecofest 2023.

· Reallocation of $3,000 from the Event Partnership (Locally Driven Initiatives) budget to the community grants budget as the 2023 Onetangi Races is not taking place.

Financial Performance

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

66. 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.

67. 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

68. 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 ⇩	Waiheke Local Board Work Programme 2022/2023 Q2 Report	79
b ⇩	Waiheke Local Board financial appendix - Confidential
c ⇩	EcoFest 2023 - Local Board Support Proposal	103

Ngā kaihaina

Signatories

Authors	Janine Geddes - Senior Local Board Advisor
Authorisers	Jacqui Fyers - Local Area Manager

No.	Title	Page
a ⇩	Assessment of Environmental Effects report	109
b ⇩	Application plans	147

Waiheke Local Board

22 February 2023

Local board feedback on the draft Future for Local Government report

File No.: CP2023/00126

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

That the Waiheke 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

Authors

Denise O’Shaughnessy - Manager Strategic Advice

Authorisers

Louise Mason - General Manager, Local Board Services

Carol Hayward - Team Leader Operations and Policy

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	157

No.	Title	Page
a ⇩	Waiheke Local Board feedback on the Sale and Supply of Alcohol Amendment Bill	207
b ⇩	Urgent decision-making memo on WLB feedback on the Sale and Supply of Alcohol Amendment Bill	209

Waiheke Local Board

22 February 2023

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

File No.: CP2023/00170

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

· the Natural and Built Environment Bill (NBE Bill)

· the Spatial Planning Bill (SP Bill)

· Climate Adaptation Bill (CA Bill).

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

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

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

7. Due to timeframes the Waiheke Local Board submission was finalised via urgent decision on 23 January 2023 (Attachment C).

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

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

Horopaki

Context

Resource management system reform

8. Central Government is reforming the resource management system.

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

SP Bill and NBE Bill to work in tandem

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

Diagram

Description automatically generated

Figure 1: Key components of the new resource management system

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

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

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

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

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

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

Spatial Planning Bill

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

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

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

Diagram

Description automatically generated

Figure 2: Regional spatial strategy integration across different legislation

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

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

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

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

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

Natural and Built Environment Bill

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

31. The purpose of the bill is to:

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

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

· promotes outcomes for the benefit of the environment

· complies with environmental limits and their associated targets

· manages adverse effects

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

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

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

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

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

Feedback timetable

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

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

Further material

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

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

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

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

· Mana Whakahono ā Rohe and engagement agreements.

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

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

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

Ngā ritenga ā-pūtea

Financial implications

56. The submission will be developed within existing resources.

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

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

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

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

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

64. Risks identified to date include:

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

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

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

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

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

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

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

Ngā koringa ā-muri

Next steps

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

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

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

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

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

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

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

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

· 10 February 2023: final submission will be lodged.

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

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Questions to help guide local board submissions	223
b ⇩	Detailed Analysis and Advice on the new Resource Management System - local boards	225
c ⇩	Waiheke Local Board submission	239

Ngā kaihaina

Signatories

Authors

Karryn Kirk - Principal Strategic Adviser Auckland Plan Implementation

Amber Dunn - Principal Strategic Advisor

Janine Geddes - Senior Local Board Advisor

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Jacques Victor - GM Auckland Plan Strategy and Research

Jacinda Gweshe - Democracy Advisor

Jacqui Fyers - Local Area Manager

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

Chairperson	Cath Handley
Deputy Chairperson	Bianca Ranson
Members	Kylee Matthews
	Robin Tucker
	Paul Walden

No.	Title	Page
a ⇩	Workshop proceedings 30 Nov	253
b ⇩	Workshop proceedings 7 Dec	255
c ⇩	Workshop proceedings 14 Dec	257
d ⇩	Workshop proceedings 25 Jan	259
e ⇩	Workshop proceedings 1 Feb	261
f ⇩	Workshop proceedings 8 Feb	263
g ⇩	Workshop proceedings 15 Feb	265

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