1 Nau mai | Welcome

Chairperson I Fordham will open the meeting and welcome everyone in attendance.

Deputy Chairperson P O’Shea will lead the meeting in a karakia..

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 Aotea / Great Barrier 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 Aotea / Great Barrier 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.

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

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 - Proposal for a Community Sport and Recreational Centre on Aotea Great Barrier Island

Te take mō te pūrongo

Purpose of the report

Taryn Wilks and Nikora Robinson will be in attendance to speak to the board.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) whakamihi / thank Taryn Wilks and Nikora Robinson for their attendance and public forum presentation.

Attachments

a Proposal for a Community Sport and Recreational Centre on Aotea Great Barrier Island...................................... 271

9.2 Public Forum - Oruawharo Medlands Ecovision

Te take mō te pūrongo

Purpose of the report

John Ogden and Lotte McIntyre, Oruawharo Medlands Ecovision Coordinator will be in attendance to speak to the board about dogs on beaches.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) whakamihi / thank John Ogden and Lotte McIntyre for their attendance and public forum presentation.

Attachments

a Threats to endangered shore birds on the eastern beaches of Aotea............ 273

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.”

Aotea / Great Barrier Local Board

28 February 2023

Approval for a new private road name at 5 Oruawharo Lane Great Barrier Island

File No.: CP2023/01114

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Aotea / Great Barrier Local Board to name an existing private road, being a commonly owned access lot (COAL), created by way of a subdivision development at 5 Oruawharo Lane Great Barrier Island.

Whakarāpopototanga matua

Executive summary

2. The Auckland Council Road Naming Guidelines (the Guidelines) set out the requirements and criteria of the council for proposed road names. The guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval.

3. The developer and applicant, Korimako Resources Limited has proposed the names presented below for consideration by the local board.

4. The proposed road name options have been assessed against the Guidelines and the Australian & New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the Standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated elsewhere in the region or in close proximity. Mana whenua have been consulted in the manner required by the Guidelines.

5. The proposed names for the new private road at 5 Oruawharo Lane Great Barrier Island are:

· Wāraki Way (applicant’s preference)

· Park Lane (alternative)

· Birdsong Lane (alternative)

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) approves the name ‘Wāraki Way’ for an existing private road created by way of subdivision at 5 Oruawharo Lane, Great Barrier Island in accordance with section 319(1)(j) of the Local Government Act 1974.

Horopaki

Context

6. A subdivision consent for the creation of 10 lots and a COAL was granted in May 1997 with the completion certificate being granted on 12^th June 2000. The COAL was not named at the time of the subdivision as at that time there was no requirement to do so.

7. In accordance with current Standards (2011) the COAL would require a name as it serves more than five lots. However, the Standards are not retrospective and would only be applicable here if the subject site was resubdivided.

8. Notwithstanding the above the applicant is now proposing a name for the COAL to provide better clarity for the addresses of those properties served off it.

9. Site and location plans of the development can be found in Attachments A and B. The COAL to be named is highlighted in yellow.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The Guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval.

11. The Guidelines provide for road names to reflect one of the following local themes with the use of Māori names being actively encouraged:

· a historical, cultural, or ancestral linkage to an area; or

· a particular landscape, environmental or biodiversity theme or feature; or

· an existing (or introduced) thematic identity in the area.

12. Theme: The proposed road names reflect the landscape and environmental characteristic of the area as detailed below.

Proposed name	Meaning (as described by applicant)
Wāraki Way (applicant’s preference)	Wāraki’ in Te Reo refers to the dawn chorus of native birds. Such a name is considered particularly relevant as the 6000 plus native trees that were initially planted in 1995 are now mature and have over the intervening period, played a significant role in re-establishing native bird numbers in the Oruawharo / Medlands Beach areas – Kaka, Tui, Kereru, Piwakawaka, Grey Warblers and Banded Rails are now seen daily within the estate. Birds were the primary and predominant species in Aotearoa / New Zealand and prior to the clear felling of Kauri and other tree species, a wide range would have existed in numbers on Aotea/ Great Barrier Island. The re-establishment of such native bird life by supplementary native planting and removal of mammalian predators is a continuing focus for members of our community of Owners.
Park Lane (alternative)	The name relates to the extensive planting that has taken place.
Birdsong Lane (alternative)	The name refers to the dawn chorus of native birds for which NZ was once famed. The work we have done on this land is slowly contributing to the reintroduction of native birds and consequently to the amount of bird song heard particularly in the morning – i.e. a ‘Dawn Chorus’

13. Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity. It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

14. Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

15. Road Type: ‘Lane’ and ‘Way’ are acceptable road types for the private road, suiting the form and layout of the COAL.

16. Consultation: Mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. The decision sought for this report has no identified impacts on other parts of the Council group. The views of council controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

19. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

20. To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate. The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

21. On 19 September 2022, mana whenua was contacted via the Council Consultation Facilitation Service on behalf of the applicant, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

· Ngāi Tai Ki Tāmaki

· Ngāti Maru

· Ngāti Tamaterā

· Ngāti Whanaunga

· Ngāti Manuhiri

· Ngāti Wai

· Ngāti Rehua

22. By the close of the consultation period, no responses were received. The level of feedback received from mana whenua is often dependent on the scale of the development and its level of significance.

23. This site is not listed as a site of significance to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

24. The road naming process does not raise any financial implications for the Council.

25. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26. There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

27. Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan	15
b ⇩	Location Map	17

Ngā kaihaina

Signatories

Author

Amy Cao - Subdivision Advisor

Authoriser

Trevor Cullen - Team Leader Subdivision

Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

No.	Title	Page
a ⇩	Letter from Glenfern Sanctuary Trust - research and education centre proposal	21
b ⇩	Tū Mai Taonga February Newsletter	25
c ⇩	Aotea / Great Barrier Natural Environment-Islands monthly update – November 2022 to January 2023 report	35

Aotea / Great Barrier Local Board

28 February 2023

Six-monthly accountability reports of Aotea / Great Barrier Island community groups

File No.: CP2023/01270

Te take mō te pūrongo

Purpose of the report

1. To receive the six-monthly accountability reports from mana whenua and five community groups funded by the local board.

Whakarāpopototanga matua

Executive summary

2. The local board supports mana whenua and local community groups to undertake work in the community. Those reporting at the six-month mark are:

· Ngāti Rehua-Ngātiwai ki Aotea Trust (NRNWkAT) for the Visitor Information Centre

· Aotea Family Support Group (AFSG) for welfare services, including management of the Community Worker contract

· Destination Great Barrier Island (DGBI) for tourism support and the promotion of sustainable tourism

· Aotea Education Trust (AET) for education services including the Aotea Learning Hub, Early Childhood Education and te reo courses

· Aotea Ora Community Trust (Aotea Ora) for sustainability projects including management of two food resilience contracts

· Building a Flourishing Community Aotea (BFCA) for affordable housing projects

3. Funding is provided to support the delivery of initiatives outlined in the Aotea / Great Barrier Local Board Plan 2020 and the board’s 2022-23 Connected Communities work programme.

4. Mana whenua and community groups’ funding agreements stipulate that they must submit accountability reports at the six-month mark of the funding period.

5. This report presents the six-monthly accountability reports of the groups.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) receive the six-monthly accountability reports from the following entities:

i. Ngāti Rehua-Ngātiwai ki Aotea Trust – Visitor Information Centre (Attachment A to the agenda report)

ii. Aotea Family Support Group (Attachment B to the agenda report)

iii. Aotea Family Support Group - Community Worker project (Attachment C to the agenda report)

iv. Destination Great Barrier Island (Attachment D to the agenda report)

v. Aotea Education Trust (including community Te Reo courses) (Attachment E to the agenda report)

vi. Aotea Ora Community Trust (including food resilience work programme) (Attachment F to the agenda report)

vii. Building a Flourishing Community Aotea (Attachment G to the agenda report)

Horopaki

Context

6. The 2022/2023 local board work programme included funding to mana whenua and five community groups to support the delivery of initiatives outlined in the Aotea / Great Barrier Local Board Plan 2020 and the board’s 2022-23 Connected Communities work programme The group, purpose and funding amounts are outlined in table 1.

Table 1 Mana whenua and community groups funding table:

Community Group	Purpose of funding	Amount of funding
Ngāti Rehua-Ngātiwai ki Aotea Trust	Manage and run the Visitor Information Centre at the Claris airfield	$29,450
Aotea Family Support Group	Provide services for the island's families, youth and elderly	$40,400
Aotea Family Support Group	Support the community worker to provide a focal point for residents trying to navigate central government departments, with a focus on community health and social services, safety, and marae capacity building.	$44,420
Destination Great Barrier Island	Fund DGBI to employ a Trust administrator.	$20,000
Aotea Education Trust	Support AET to govern the Aotea Lifelong Learning Strategy and Action Plan (which aims to improve education outcomes among all age groups on the island – from Under 5s to adult learners) and contribute to the running of the Aotea Learning Hub.	$45,900
Aotea Education Trust	Fund AET to deliver a community Te Reo course	$10,000
Aotea Ora Community Trust	Provide funds to the AoteaOra Community Trust so the Trust can employ an administration person	$10,200
Aotea Ora Community Trust	Fund a Food Resilience Coordinator role and a manager of the Oruawharo Community Garden in Medlands.	$34,000
Building a Flourishing Community Aotea	Fund BFCA to progress potential solutions to Aotea / Great Barrier's housing issues	$8,000
Total		$242,370

7. The funding agreements with mana whenua and the five community groups stipulate that they must provide an accountability report to the local board six months into their annual funding agreement.

Tātaritanga me ngā tohutohu

Analysis and advice

8. The following local board-funded mana whenua and community groups have provided accountability reports for financial year 2021/2022 (Attachment A):

· Ngāti Rehua-Ngātiwai ki Aotea Trust

· Aotea Family Support Group (2x reports – one covering core work and one covering the Community Worker project)

· Destination Great Barrier Island

· Aotea Education Trust (covering two funding agreements – core work, plus delivery of a community Te Reo course)

· Aotea Ora Community Trust (covering two funding agreements – administration and food resilience work)

· Building a Flourishing Community Aotea

9. The groups’ work includes social service provision, family support, education, administration of Aotea’s tourism sector, improving island resilience and sustainability, addressing Aotea’s housing pressures, and running the visitor information centre

10. The reports identify challenges and successes experienced by the service providers.

Ngāti Rehua-Ngātiwai ki Aotea Trust (NRNWkAT)

11. The Trust were granted funding to run the Visitor Information Centre in Claris.

12. They approached the activity and staffed the centre in a manner which “sought to provide visitors with an authentic island experience, information and Manaakitanga unique from mana whenua of Aotea”.

13. The Trust has two “aunties” or kuia operating the site from 9am - 3pm on Mondays, Wednesdays, Thursdays and Fridays. They see a need for more hours but are restricted by budget.

14. They have enjoyed meeting people and sharing their insights. They encourage the use of Māori greetings and place names and share their history as appropriate to give a wider sense of the culture of Aotea and its people.

15. They see scope for better engagement with tourism groups and businesses, and also believe there are further opportunities to improve the user experience via:

a. Passenger arrivals flowing through the building to increase traffic.

b. Local goods and products on display and for sale.

c. Opening up of the centre area to be more inviting.

d. Surveys and feedback forms to provide data for overall improvement.

16. There are plans to make some of these improvements in the future.

Aotea Family Support Group (AFSG)

17. AFSG reports a “challenging” half year, with recruitment being a real pressure point.

18. The Trust now has a new administrator, office coordinator and community worker, with a significant amount of work going into role handovers, onboarding and upskilling.

19. Two long-term trustees resigned during the period. A callout for new trustees did not result in any responses.

20. A highlight over the six months was the board-funded office upgrade, and refurbishment of the old clothing drop-in centre to create a new meeting space for staff.

21. AFSG’s youth initiatives (school holiday programme, after school activities and annual Year 8 off-island trip) were hugely successful. Ebony Kite-Bell has now taken over coordination of youth services.

22. 132 families were provided welfare support to prevent or mitigate crises. Over the past year, the cost of living on the island has increased dramatically, causing hardship across the island’s population.

23. The weekly Manawa Childcare programme continued in both the North and South of the Island. This is a free service providing parents of Under 5s with some free time.

24. After the forced cancellation of the New Year’s Picnic in 2022, Johno Stapleton took the reins as event coordinator and put on a great 2023 event. This is a major fundraiser for the organisation.

25. Thanks to AFSG, elderly residents on Aotea benefitted from: home help, organized events for Over 65s, positive aging advice, basic home maintenance and repair services, and the use of one community van and one vehicle.

26. Recruitment of care workers remains a struggle. AFSG currently has 13 care workers, compared with 27 in 2021.

Community Worker

27. This is the first period with Lisa Eves reporting as community worker. She took over the role in early October 2022.

28. This has been a period of Lisa settling into the role, learning the finer points of dealing with WINZ and ACC, and developing trust and relationships with residents and clients.

29. As with the last few community worker reports to the board, this one outlines a significant increase reported in requests for assistance across all categories.

30. Low incomes, lack of housing (or inadequate housing), the aftermath of lockdowns, plus massively increased living, travel, freight and fuel costs are all adding pressure for whanau.

31. Covid-19 support – AFSG/ the community worker received funding from MSD to supply food, LPG and fuel to those isolating at home. This was greatly received and they supported 22 households over the period.

32. Isolation support requests were relatively low, as Aotea case numbers were small and many managed their own isolation. School holidays and large gatherings saw numbers, need and support increase.

33. Discussions are underway about rolling out a Habitat for Humanity Home Repairs programme to 10 homes on Aotea. This is different and in addition to those funded under the Te Puni Kokiri scheme last year. In this case, interest-free, low-repayment loans would be offered for home repairs.

34. In conjunction with Habitat for Humanity, AFSG continues to distribute free curtains and Winter Warmer Packs to local households, with the goal of warmer, drier homes.

Destination Great Barrier Island (DGBI)

35. The administrator continued to keep the website and social media up to date, working with operators to regularly update information, listings and events.

36. DGBI has also created an online list of available moorings, and a page outlining the latest Caulerpa information – both of which are proving useful tools for visitors.

37. They continue to receive a high volume of enquiries through the info@dgbi.co.nz email, plus messages via Facebook and Instagram

38. The La Nina weather system and the associated State of Emergency proved challenging for many businesses, locals and travellers. DGBI supported throughout by linking people stranded on island with available accommodation.

39. The 2022/23 visitor guide was re-printed and made available in the first week of December. It is a really valued document for both locals and visitors.

40. Print costs had risen significantly, but DGBI was committed to keeping the advertising rates affordable. This meant the guide only just covered its costs. They will be reviewing the format, how many are printed and when they publish the next guide.

41. Mark Russell completed updates of the existing ‘Tour of Aotea’ video. This has been segmented into themes to create more usable footage for the website and social media. These can be viewed on the greatbarrier.co.nz website and on YouTube.

42. The final Island Story will be published in the Bulletin at the start of February. These stories have been very well received, and have helped promote events and provide an insight into what goes on ‘behind the scenes’ on Aotea.

43. The Trust is considering applying in the current grants round for funding to continue the Island Stories series, and are considering publishing stories to date in magazine format.

44. DGBI have agreed to umbrella the new Aotea Dark Sky Enthusiasts’ group.

45. DGBI acknowledges that some progress has been made in the last six months with Auckland Unlimited’s Destination Management Plan, although the Trust continues to express disappointment in the overall process and outcome.

46. At time of writing, DGBI was waiting to provide feedback on a new draft document.

47. Finally, it is worth noting that of the 10 hours worked per week by the DGBI administrator, six are funded by the local board (along with fixed costs) and the remaining four are funded by website advertising and retained funds.

Aotea Education Trust (AET)

48. Another hugely busy six months for the education trust, with a new Hub manager, a new administrator, new trustees, and the license application for the early learning centre finally submitted to the Ministry of Education.

49. The trust reports an “ongoing battle to complete the requirements of the Ministry so they will sign off the license …the sheer weight of legislative requirements and work required to establish the service has been onerous.”

50. However the project remains very much on track, and in December Playcentre and the Trust held a very successful open day at Playcentre, which was attended by the CEO of Playcentre Aotearoa.

51. The new Hub manager is doing an amazing job, but faces some significant challenges. Transport for the rangatahi coming from the North remains a major issue, as does overall funding and resourcing.

52. Staff are supporting the Trust to go through a Ministry of Education funding review. The Hub currently still falls under a long-term funding agreement made four years ago when they had six students. They now have 17. Current funding is not fit for purpose.

53. The trust was very grateful to receive funding from the local board in this six month period for resources such as desks, chairs, foot stools and stationery.

54. The Trust received 2022-23 LDI funding to continue Te Reo Māori classes; Nancy Tait has committed to doing them again in 2023 once her new baby has settled and the school year is under way.

Aotea Ora Community Trust

55. The Trust has continued with its core projects over the past six months – rain water tanks, fresh drinking water stations, the ecological footprint survey and Wai Resilience and Waicare.

56. The water tank project has been a real success, and AoteaOra is now more widely understood as having a role in supporting water resilience on Aotea. A total of 60 water tanks have now been brought to the island, with only four left to sell.

57. They are planning another shipment in 2023.

58. A second drinking was station has been negotiated at The Currach in Tryphena, bringing the total to two (not including the one at the airfield). A third was planned for Fitzroy Store but they have since decided against it based on concern around water supply. AoteaOra is looking for a suitable alternative site in the North.

59. They have completed contracting for the two Healthy Waters initiatives – Wai Resilience and Waicare.

60. AoteaOra plans to re-engage with the local board to explore how data from the ecological footprint survey can support work to decarbonise Aotea.

61. It has also continued managing the two food resilience contracts – the Oruawharo Community Garden manager and the Food Resilience Coordinator role.

62. The Food Resilience coordinator provided ongoing support to Kawa Marae’s Mara Kai, Orama, Okiwi School and the Oruawharo Community Garden.

63. She also did a weekly 20-minute food resilience radio interview on Aotea FM, and spearheaded Aotea’s first Makers and Growers Market in mid-December, with two following in January. These were hugely popular and worthwhile for the stallholders and set the scene for regular markets going forward.

64. The Oruawharo Community Garden now has more volunteers, and more people are using it for food.

65. “Summer” weather made for challenging conditions across all gardens.

Building a Flourishing Community Aotea (BFCA)

66. The local board funding has allowed for the continued employment of two part-time trust administrators.

67. The Trust has been focused on seven housing projects, two of which are now no longer viable, including the land/ development in the Kaitoke Valley.

68. BFCA reports that the long term repercussions of the COVID-19 pandemic have impacted progress in terms of securing land and funding.

69. Despite slow progress, the Trust feels it’s continuing to move in the right direction

Tauākī whakaaweawe āhuarangi

Climate impact statement

70. Aotea / Great Barrier Local Board Plan 2020 has one outcome, and that is for the island to be resilient. Many of the groups’ projects and operations take climate change into account. Some examples follow.

71. Destination Great Barrier Island’s report makes it clear that weather had a huge impact on the motu over the busy summer visitor period. Weather systems associated with La Niña have been linked to climate change and caused havoc for travellers over this time.

72. DGBI’s destination management work will take climate change into account and consider ways to mitigate visitors' effects on Aotea’s carbon footprint.

73. Food resilience work generally must bear climate change in mind, as crops and production may be impacted by changing climatic conditions into the future.

74. Much of the work of Aotea Ora touches on climate change – whether it be mitigating against it via local food production, adapting to it via increased use of rainwater tanks, or measuring the overall carbon footprint of the island in order to then try and shrink that footprint.

75. The Habitat for Humanity/ Winter Warmer Packs are contributing to more energy efficient homes, through heat and water conservation mechanisms.

76. Home repair schemes being delivered on island by the community worker are leading to greener, more efficient homes, with large parts of the funding going into insultation, more efficient heating and cleaner energy systems.

77. Overall, developing Aotea / Great Barrier’s ability to be self-sufficient in providing community services reduces the number of residents travelling to the mainland to access these services which reduces carbon emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

78. There are no identified council group impacts associated with this report.

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

Local impacts and local board views

79. Funding is provided to mana whenua and the five community groups to support the delivery of initiatives outlined in the Aotea / Great Barrier Local Board Plan 2020 and the Aotea / Great Barrier Local Board Connected Communities Work Programme 2022-23

80. The work of mana whenua and the community groups aligns with the outcome of the local board plan 2020 – “Ko te tino hia hia ki a manawaroa to tatou motu / our island is resilient”.

Tauākī whakaaweawe Māori

Māori impact statement

81. The community worker is based up North one day a week in order to stay connected to whānau in that part of the island.

82. AET’s community Te Reo courses aim to grow the number of Aotea residents familiar with and using the Māori language.

83. The Visitor Information Centre in Claris is now managed and run by mana whenua, in a way that aligns with the traditional welcoming and nurturing role of kuia within the whanau, marae and papakainga. They also encourage the use of Māori greetings and place names and share the island’s history to give a greater sense of the culture of Aotea and its people.

84. The roll at the Aotea Learning Hub is now 70 percent Māori.

85. Overall there have been real gains to support mana whenua aspirations on Aotea.

Ngā ritenga ā-pūtea

Financial implications

86. The local board allocated a total of $242,370 across mana whenua and the five community groups in 2021/2022.

87. All funding was accounted for within the received accountability reports.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

88. There are no identified risks associated with this report.

Ngā koringa ā-muri

Next steps

89. The Aotea/ Great Barrier Local Board is currently in the process of determining its work programme for 2023-24. These reports, along with face-to-face workshops with each group, scheduled for March, will feed into those funding decisions.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Ngāti Rehua-Ngātiwai ki Aotea Trust – Visitor Information Centre accountability report - January 2023	55
b ⇩	Aotea Family Support Group accountability report - January 2023	59
c ⇩	Aotea Family Support Group - Community Worker project accountability report - January 2023	67
d ⇩	Destination Great Barrier Island accountability report - January 2023	75
e ⇩	Aotea Education Trust (including community Te Reo courses) accountability report - January 2023	81
f ⇩	Aotea Ora Community Trust (including food resilience work programme) accountability report - December 2022	89
g ⇩	Building a Flourishing Community Aotea accountability report - January 2023	99

Ngā kaihaina

Signatories

Author

Kathy Cumming – Auckland Council Strategic Broker, Great Barrier Island

Authorisers

Stephen Johnson – Auckland Council Connected Communities Lead and Coach

Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

Aotea / Great Barrier Local Board

28 February 2023

Auckland Council’s Performance Report: Aotea / Great Barrier Local Board for quarter two 2022/2023

File No.: CP2023/01315

Te take mō te pūrongo

Purpose of the report

1. To provide the Aotea / Great Barrier 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:

i Ahu Moana communications (SP ID#3517) with the Protect Turi Point team hosting a wananga in Schooner Bay, to discuss next steps in the Ahu Moana process. Dive surveys were then carried out in the area.

ii Food resilience and sustainability (SP ID#1504) progressed with ongoing support to Kawa Marae’s Mara Kai, Oruawharo community garden and Orama community garden. Aotea’s first Makers and Growers Market was held in mid-December.

iii Construction waste leadership project (SP ID#3030) continued engagement with builders both on building sites and at the Community Recycling Centre. Trials to compost plasterboard have begun and a website developer/ assistant has been engaged.

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). All activities are reported as green except for six activities which are reported as amber:

i Iwi responsiveness – respond to Māori aspirations Ngāti Rehua Ngātiwai ki Aotea coordinator (SP ID#137)

ii Local Māori responsiveness (SP #3541)

iii Tryphena Coastal Trail directional signage (SP ID#22285)

iv Aotea Great Barrier Island - Interpretive signage – continuation (SP ID#22286)

v An Area Plan for Aotea Great Barrier (SP ID#1289)

vi Aotea ecology vision (SP ID#566)

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

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

7. 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 Aotea / Great Barrier Local Board:

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

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

Horopaki

Context

8. The Aotea / Great Barrier 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

9. All work programme activities meet the Aotea / Great Barrier Local Board Plan 2020 outcome ‘Ko te tino hia hia kia a manawaroa to tatou motu / Our island is resilient’.

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

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

Graph 1: Work programme by RAG status

Chart, pie chart

Description automatically generated

11. 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 2: Work programme by activity status and department

Chart, bar chart, waterfall chart

Description automatically generated

Key activity updates

12. The following are key activity highlights in the delivery of Aotea / Great Barrier Local Board’s 2022/2023 work programme for reporting period quarter two, 1 October – 31 December 2022:

i Ahu Moana communications (SP ID#3517) - The Protect Turi Point team hosted a wananga in Schooner Bay, to discuss next steps in the Ahu Moana process. This included representatives from mana whenua and marine ecologist Glenn Edney. Dive surveys were then carried out in the area. A wider powhiri to welcome Ahu Moana concept to Aotea was planned for December. The Ahu Moana works sat beside broader marine protection work, including the Caulerpa response and a Motairehe Marae-led rāhui on crayfish, paua and scallops.

ii Food resilience and sustainability (SP ID#1504) - Progressed with garden at Orama which is now producing food. Orama says their garden is really significant. The garden provides produce to a lot of locals on Neighbours Night and events like Matariki. Provided ongoing support to Kawa Marae’s Mara Kai and to the Oruawharo Community Garden. Held monthly activities with Okiwi School. Did a weekly 20-minute Food Resilience radio interview on Barrier FM. Spearheaded Aotea’s first Makers and Growers Market in mid-December, including holding food resilience workshops. A second market is planned for January.

iii Construction waste leadership project (#3030) - This quarter the advisor has continued engagement with builders both on building sites and at the Community Recycling Centre when delivering materials. They have begun trials to compost plasterboard and at this stage this has been very successful. Staff from the landfill have undertaken a tour of the Community Recycling Centre and now have a good idea of what materials are divertible. A website developer/ assistant has been engaged and website updates scheduled to happen in the new year.

Activities with significant and moderate issues

13. There are six work programme activities with a status of amber (some risk or issues, which are being managed) for the reporting period quarter two, 1 October – 31 December 2022:

i Iwi responsiveness – respond to Māori aspirations Ngāti Rehua Ngātiwai ki Aotea coordinator (SP ID#137) had a delay to the start of the iwi liaison role and not all the budget will be spent by end of financial year.

ii Local Māori responsiveness (SP #3541) aligns with the iwi responsiveness project line with a delayed start and full budget unlikely to be spent by end of the financial year.

iii Tryphena Coastal Trail directional signage (SP ID #22285) is on hold as consultation with mana whenua is progressed on the pou installation project.

iv Aotea Great Barrier Island - Interpretive signage – continuation (SP ID #22286) is on hold as consultation with mana whenua is progressed on the pou installation project.

v An Area Plan for Aotea Great Barrier (SP ID #1289) Project is on hold awaiting consultation with new elected members and Mana Whenua.

vi Aotea ecology vision (SP ID#566) had a delayed procurement process and due to get started in the new year.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

15. The local board is currently investing in several sustainability projects, which aim to build awareness around individual carbon emissions, and changing behaviour at a local level. Some key updates from this quarter include:

i Aotea awa restoration programme (SP ID #517) which has staff working with Aotea contractor Envirokiwi to scope and cost a potential planting and riparian restoration project. Upcoming work includes further investigations to look at the Golf Course as a potential planting site, as well as the Okupu reserve.

ii AoteaOra Community Trust administration support (SP ID #132) worked on the second consignment of the water tanks project, investigated projects to reduce the island’s carbon and ecological footprint, and negotiated installation of the second drinking water station at The Currach in Tryphena.

iii Wai resilience (SP ID#3440) started engagement in December 2022 on the Follow the Drop app programme which involves engaging with landowners to monitor rainwater tanks and management of storm water on private land. The regional and Aotea Waicare coordinators are conducting three Waicare sessions during early 2023 at the three Aotea schools, promoting awareness of freshwater values and including testing of water quality and ecological parameters in nearby streams.

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. 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

18. This report informs the Aotea / Great Barrier Local Board of the performance for ending 31 December 2022.

Tauākī whakaaweawe Māori

Māori impact statement

19. The 2022/2023 work programme supports the Aotea / Great Barrier Local Board Plan 2020 outcome ‘Ko te tino hia hia ki a manawaroa to tatou motu / Our island is resilient’. One of the plan’s main objectives is that mana whenua will prosper.

20. Auckland Council have been actively engaging with mana whenua on several regional and local projects. Some key updates from this quarter include:

i Ngāti Rehua Ngātiwai ki Aotea - Visitor Information Centre (SP ID #3455) provides a free service and opportunity for the Aotea community to present or advertise their business, activity, or event to the visiting and wider community and a platform for local Iwi to be present at a main gateway to the island. There was an increase in air passengers and travellers requesting information, advice and recommendations.

ii Aotea Great Barrier - design and install pou (SP ID #32033) held a site visit with Iwi to identify sites for installing Pou whenua. The consultant is also working with Iwi on the translation text for existing Pou which feeds into design work for the proposed pou install.

iii Community emergency resilience programme (SP ID#1358) delivered Kia rite kia mau to Kaitoke and Okiwi schools on the 2nd and 3rd November 2022. A scheduled date has been set to deliver KRKM to Mulberry Grove school on 8th March 2023. A meet with Kawa and Motairehe Marae to discuss Marae preparedness will occur in this week too.

Ngā ritenga ā-pūtea

Financial implications

21. This report is provided to enable the Aotea / Great Barrier Local Board to monitor the organisation’s progress and performance in delivering the 2022/2023 work programmes. There are no financial implications associated with this report.

Financial Performance

22. 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.

23. 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

24. 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.

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

Ngā koringa ā-muri

Next steps

26. 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 ⇩	Aotea / Great Barrier Local Board Work Programme 2022/2023 Q2 Report	109
b ⇩	Aotea / Great Barrier Local Board Operating Performance Financial Summary (Under Separate Cover) - Confidential

Ngā kaihaina

Signatories

Author	Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke
Authoriser	Louise Mason - General Manager Local Board Services

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	127

Aotea / Great Barrier Local Board

28 February 2023

Local board feedback on the draft Future for Local Government report

File No.: CP2023/00237

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 Aotea / Great Barrier 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 27 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

Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

Aotea / Great Barrier Local Board

28 February 2023

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

File No.: CP2023/00231

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. The Aotea / Great Barrier Local Board provided its feedback by delegation on January 2023 as detailed in Attachment C.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) note the board’s feedback provide by delegation on 23 January 2023 on the Natural and Built Environment Bill and Spatial Planning Bill to inform the council’s draft submission (Attachment C).

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 Attachment 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 Attachment 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 Attachment 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 Attachment 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	189
b ⇩	Detailed Analysis and Advice on the new Resource Management System - local boards	191
c ⇩	Aotea / Great Barrier Local Board feedback on the Resource management reform: Natural and Built Environment Bill and Spatial Planning Bill	205

Ngā kaihaina

Signatories

Authors

Karryn Kirk - Principal Strategic Advisor

Amber Dunn - Principal Strategic Advisor

Authorisers

Carol Hayward - Team Leader, Operations and Policy

Louise Mason - General Manager, Local Board Services Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

Aotea / Great Barrier Local Board

28 February 2023

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

File No.: CP2023/01116

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

a) low voter turnout

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

· special voting

· provision of ballot papers

· complaint processes

· accountability for local elections

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

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

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

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

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

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

Horopaki

Context

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

a) low voter turnout

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

· special voting

· provision of ballot papers

· complaint processes

· accountability for local elections

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

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

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

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

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

· the Electoral Commission updates the Parliamentary electoral roll

· the council’s Electoral Officer updates the ratepayer roll

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

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

· voters have about three weeks to post their ballots

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

Tātaritanga me ngā tohutohu

Analysis and advice

Low voter turnout

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

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

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

· I don’t know anything about the candidates

· I forgot to vote

· I am not interested in politics or politicians.

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

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

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

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

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

Provision of election services by private organisations

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

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

Special voting

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

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

Provision of ballot papers

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

Complaint processes

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

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

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

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

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

27. Council advisory staff dealt with:

· 32 complaints / queries relating to election signs

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

· 63 complaints / queries not categorised.

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

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

Accountability for local elections

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

Postal voting

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

· Countdown supermarkets

· train stations

· libraries and other council facilities.

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

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

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

Age of eligible voters

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

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

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

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

Candidate deposit to stand for mayor

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

40. There are no impacts on the council group.

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications 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.	215

Ngā kaihaina

Signatories

Author

Warwick McNaughton, Principal Advisor, Governance

Authorisers

Carol Hayward - Team Leader, Operations and Policy

Louise Mason - General Manager, Local Board Services Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

Aotea / Great Barrier Local Board

28 February 2023

Draft Contributions Policy 2022, Variation A

File No.: CP2023/01115

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

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

Horopaki

Context

Development contributions and infrastructure investment

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

Growth and infrastructure investment

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

Drury

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

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

Consultation 2021 and decisions

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Updated proposal for consultation in 2022

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

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

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

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

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

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

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

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

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

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

Consultation

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

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

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

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

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

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

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

Feedback and Analysis

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

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

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

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

Impact of higher development contributions

Feedback

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

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

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

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

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

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

Analysis

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

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

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

Complexity with a 30-year time frame

Feedback

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

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

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

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

· doubt that benefits will be received by early developers

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

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

Analysis

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

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

Consideration of other sources of funding

Feedback

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

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

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

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

Analysis

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

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

Accuracy and assumptions used in the model

Feedback

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

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

· the recent plan changes which have not been considered

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

43. Comments on projects were also provided:

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

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

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

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

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

Analysis

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

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

Updates to proposal

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

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

· refine the projects and project costings in the proposal including

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

Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

[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	Izzy Fordham
Deputy Chairperson	Patrick O'Shea
Members	Chris Ollivier
	Neil Sanderson

No.	Title	Page
a ⇩	20221129 Aotea / Great Barrier Local Board Workshop Record	257
b ⇩	20221213 Aotea / Great Barrier Local Board Workshop Record	259
c ⇩	20230131 Aotea / Great Barrier Local Board Workshop Record	261
d ⇩	20230207 Aotea / Great Barrier Local Board Workshop Record	263

Author	Guia Nonoy - Democracy Advisor
Authoriser	Jacqui Fyers – Acting Local Area Manager, Aotea / Great Barrier & Waiheke

Purpose of the report

Purpose of the report

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