Agenda of Devonport-Takapuna Local Board

1 Nau mai | Welcome

The meeting was opened with a karakia.

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio

He huka

He hau hū

Tīhei mauri ora

Cease o winds from the west

Cease o winds from the south

Bring calm breezes over the land

Bring calm breezes over the sea

And let the red-tipped dawn come

With a touch of frost

A sharpened air

And promise of a glorious day.

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i. A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member

ii. A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 21 March 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 Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Big Street Bikers - Locky Docks for Devonport-Takapuna

Te take mō te pūrongo

Purpose of the report

1. Cleve Cameron and Emily Bradley from Big Street Bikers will be in attendance to address the board regarding Locky Docks for the Devonport-Takapuna Local Board Area.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the presentation from Big Street Bikers and thank them for their attendance.

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 Neil Zent - Compliance and Enforcement related to consents under the Resource Management Act 1991

Te take mō te pūrongo

Purpose of the report

1. Neil Zent will be in attendance to address the board about compliance and enforcement in relation to consents under the Resource Management Act 1991, specifically construction hours and following approved plans.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the presentation from Neil Zent and thank them for their attendance.

Attachments

a Report for application(s) for resource consents under the Resource Management Act 1991................................................................................. 363

b Approved Resource Consent Plan............................................................... 413

c Decision on an application for resource consents under the Resource Management Act 1991................................................................................. 425

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.”

11 Ngā Pānui mō ngā Mōtini | Notices of Motion

Under Standing Order 2.5.1 (LBS 3.11.1) Notices of Motion have been received from Member G Wood for consideration under items 12 and 13 respectively.

No.	Title	Page
a ⇩	Notice of Motion - George Wood - Takapuna Beach stormwater outlets	11
b ⇩	Takapuna Beach Stormwater Report November 2015	13
c ⇩	Stormwater Report - Attachment A	75
d ⇩	Stormwater Report - Attachment B	121
e ⇩	Update Stromwater Outfalls on Takapuna Beach May 2015 report	123

No.	Title	Page
a ⇩	Notice of Motion - George Wood - 2015 report on Wairau Stream and Milford Estuary, AR and Associates	129
b ⇩	2015 Wairau Catchment report, AR & Associates	131

Devonport-Takapuna Local Board

18 April 2023

Seeking views on the proposed approach for Katoa, Ka Ora - Speed Management Plan for Tāmaki Makaurau Auckland 2024-2027

File No.: CP2023/04061

Te take mō te pūrongo

Purpose of the report

1. To seek formal views on the approach for developing Katoa Ka Ora, Auckland’s Speed Management Plan 2024-2027.

Whakarāpopototanga matua

Executive summary

2. Auckland Council and Auckland Transport (AT) have adopted the Vision Zero goal of eliminating road transport related deaths and serious injuries (DSI) within the Auckland road network by 2050.

3. Setting safe speed limits that recognize the function, safety, design, and layout of roads is a fast and cost-effective way to reduce DSI. AT is conducting a phased review of speed limits and has completed three phases of changes to date.

4. Katoa, Ka Ora is a speed management plan for the Auckland region. It is a plan to set safe and appropriate speed limits in order to reduce road deaths and serious injuries.

5. AT workshopped Katoa, Ka Ora a Speed Management Plan for Auckland with local boards in February and March 2023. This report seeks formal views on the five development approaches for the speed management plan.

6. Local boards provided formal views in May 2022 on speed limit changes. If local board views have changed, AT will make any amendments needed before a proposal is mapped. We expect Katoa, Ka Ora to be publicly consulted in mid-2023.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide views on the proposed approaches for development of Katoa, Ka Ora a Speed Management Plan for Auckland per the form in Attachment A.

Horopaki

Context

7. AT is Auckland’s road controlling authority. Part of this role is reviewing and ensuring that speed limits across Auckland are set at levels that are safe and appropriate for road function, safety, design, and their use.

Alignment with Central Government Policy

8. Waka-Kotahi New Zealand Transport Agency adopted a ‘Vision Zero’ approach to road safety in 2019 when it launched the ‘Road to Zero’ national strategy that aims to reduce the number of people killed and seriously injured on New Zealand’s roads to zero by 2050.

9. The Land Transport Rule: Setting of Speed Limits 2022 (the Rule) sets out requirements road controlling authorities must comply with when setting speed limits.

10. The Rule requires road controlling authorities to use reasonable efforts to have at least 40 per cent of speed limit changes for roads outside schools completed by 30 June 2024. The remainder must be completed by 31 December 2027, and these changes must be built into speed management plans.

11. The Rule groups schools into two classifications. The majority of Auckland schools are classified as Category One, these require speed limits of 30km/h (fixed or variable) in the area outside of the school.

Alignment with Auckland Council Policy

12. Auckland Council’s Planning Committee requested AT to accelerate the road safety and speed management programmes and work with partners to make Auckland a Vision Zero region in 2018.

13. Since receiving endorsement from Auckland Council and from the AT Board, AT has progressively reviewed roads across Auckland and reduced speeds on many roads.

14. In the most recent phase of speed limit changes (Phase 3), the focus has been on town centres, roads near schools and rural marae. Local boards received localised reports on public feedback in early May 2022 and provided feedback at their May business meeting. This feedback was used in preparing final recommendations that went to the AT Board.

15. Speed limit changes approved by the AT Board have been implemented during December 2022- March 2023.

Auckland Transport’s role

16. AT manages more than 7,300 kilometres of roads for Auckland Council.

17. This role includes setting speed limits and since ‘Vision Zero’ was adopted, AT has been progressively reviewing and amending speed limits to align with the strategy. Changes have been made only after engaging with both the community and their representative local board.

18. Road deaths have reduced 30 per cent where speed limits have changed in the 24 months following the June 2020 Auckland speed limit reductions. In comparison, over this same period, the rest of the network has seen a 9 per cent increase in road deaths.

19. The Safe Speeds Programme focuses on speed limit review. Physical speed management measures like speed tables or raised crossings require careful consideration and planning because of costs and funding constraints. Following speed limit changes, roads are monitored and evaluated to help prioritise engineering investment decisions.

20. 30km/h is the internationally accepted speed to greatly reduce the chances of people walking or cycling from being killed or seriously injured if they are struck by a vehicle.

21. Speed limit changes made in the first three phases of the Safe Speeds Programme (between June 2020 and March 2023) were completed under the AT Speed Limits Bylaw 2019 and the Speed Limits Amendment Bylaw 2022.

22. The Land Transport Rule: Setting of Speed Limits 2022 is the current legislation, and it requires all road controlling authorities to have a speed management plan. The AT plan is Katoa, Ka Ora a Speed Management Plan for Auckland, with development of the plan currently in a discussion phase with local boards.

Tātaritanga me ngā tohutohu

Analysis and advice

23. Following AT’s Katoa, Ka Ora a Speed Management Plan presentation on 28 February, AT is seeking formal views from the local board on proposed mapping approaches for speed management.

24. The presentation slide pack is included with this report as Attachment B.

25. The proposed approaches will be used along with the eight working principles when public consultation takes place on Katoa, Ka Ora, Speed Management Plan for Auckland, later in 2023.

26. The draft working principles are provided in Table One below.

Table One – Draft working principles

Draft working principles used to guide the development of

Katoa, Ka Ora Speed Management Plan

1. Tiakitanga. The top priority of speed management is to keep people safe and alive on Tāmaki Makaurau, Auckland’s roads.

2. Easy to understand. Speed limits are a critical part of an integrated safe road system; we will ensure they are easy to understand for all.

3. Safe children. Safe speeds around schools will ensure the safety of children (and all ages and people).

4. Safe speed limits. Speed limits align with government guidance. We consider complex factors ranging from the function of our roads and streets* to how many people travel outside of vehicles.

5. Safe infrastructure. Investment in engineering and safety improvements will be prioritised on roads that have high safety needs and provide active mode benefits.

6. Partnership. We work with our Te Tiriti o Waitangi/Treaty of Waitangi and other partners in governance, design, delivery, education, communication, enforcement and monitoring.

7. Healthy communities. Safe speeds support more walking and cycling; this improves health and is better for the environment.

8. Measure results. We constantly monitor the roads to evaluate any changes required to make our roads and streets safe.

*AT’s Future Connect and Roads and Streets Framework tools to be used.

Proposed mapping approaches

27. There are two groups of proposed approaches.

· Consistent Approach (Approaches One and Two) – these require consistency across all local boards to have a regional approach for Aucklanders.

· Tailored Approach (Approaches Three, Four and Five) – these approaches allow for a tailored approach for each local board.

28. The proposed approaches are detailed more in Table Two below.

Table Two: Proposed Approaches for developing Katoa, Ka Ora, Speed Management Plan

Consistent approaches

Approach One

An easy-to-understand approach

Includes:

· treating blocks of roads/ local road areas to ensure consistent speed limits across the same types of roads e.g., similar urban residential roads don’t have limits of 30, 40 and 50 km/h in adjacent streets

· matching the speed limit to the use and design of the road, i.e. slower speeds for areas that have higher amounts of people walking and cycling such as residential roads, near schools and/or town centres, and for roads that are designed for lower speeds

· filling in ‘gaps’ so there are not small pockets of untreated roads which is inconsistent for drivers

· treating roads that could be rat runs, e.g., drivers take short cuts through local residential streets or traffic is pushed from one road to another.

Approach Two

A high benefit cost ratio approach, proposing methods that provide higher return on investment.

Includes:

· permanent changes for local roads

· variable changes at school gates for arterial roads (high movement roads) and high-speed rural roads

· changes for high-risk roads, or town centres on high-risk roads where support has been identified from previous engagement

· complementing planned infrastructure or developments, e.g. new housing areas.

Tailored approaches

Approach Three

An approach that is responsive to requests from partners and communities for specific speed limit reductions. These include requests from mana whenua, local boards, schools and community groups.

Approach Four

An approach that covers a high percentage of roads in the local board area for this phase of the programme.

Approach Five

An approach that implements approved changes early in the local board area for this phase of the programme.

29. Auckland Transport is seeking local board views on each approach to understand benefit to the community, prioritisation of community requests, preferred percentage of cover and timing of implementation.

30. Attachment A contains a form for local boards to provide their views on the proposed approaches.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The primary climate change benefit of safe and appropriate speed limits is that they support and encourage walking, cycling and micromobility by reducing the risk to vulnerable road users, making these modes more attractive.

32. A key action required in the Auckland Council Transport Emissions Reduction Plan is to ‘rapidly deliver safe speeds across urban Auckland’ in order to create more pleasant urban environments, revitalise local centres and make it safer for children to travel independently.

33. A recent road safety perceptions study was completed in town centres where speed limits were reduced and safety improvements introduced. Overall, 19 per cent of people surveyed say they participate in at least one active mode activity (e.g., walking or cycling) more often since the projects have been completed. This is a direct contribution towards encouraging people to walk or cycle instead of using cars that produce carbon emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34. The Safe Speeds Programme has been endorsed by the Auckland Council Planning Committee. We have requested to workshop Katoa, Ka Ora a Speed Management Plan for Auckland with the Transport and Infrastructure Committee.

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

Local impacts and local board views

35. AT workshopped with all local boards during February/March 2023 to discuss the proposed changes kanohi ki te kanohi (face-to-face).

36. Summaries of community, school and mana whenua requests were provided to local boards in February/March 2023 to support their consideration of this topic.

37. Auckland Transport is seeking formal views from local boards through this report. The presentation slide pack from the workshops is included as Attachment B.

Tauākī whakaaweawe Māori

Māori impact statement

38. Māori are overrepresented in DSI statistics making up 12 per cent of Auckland’s population and 16 per cent of road deaths and serious injuries.

39. Engagement with iwi at the northern, central and southern transport kaitiaki hui has taken place regarding the wider programme since 2021. Detailed engagement about speed around rural marae has recently been completed as part of Phase Three and is currently being implemented.

40. Mana whenua are, in general, supportive of the Safe Speeds Programme and the positive safety, community and environmental outcomes arising through safe and appropriate speed limits.

41. Ongoing engagement regarding further requests are being reviewed and considered for inclusion in the full Katoa, Ka Ora Speed Management Plan. These requests have been shared with local boards at the recent workshops in February/ March 2023.

Ngā ritenga ā-pūtea

Financial implications

42. Although there are no specific financial implications arising from local boards providing views on Katoa, Ka Ora Speed Management Plan, the introduction of safe speed limits has considerable social cost implications.

43. Reducing the harm caused by road crashes impacts on the community by reducing hospital costs, insurance costs and Accident Compensation Corporation costs, all of which are of direct financial benefit to the communities that the local board represents.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44. Public understanding regarding the ‘why’ for safe speeds needs continued communication. A comprehensive communication and marketing plan is being developed to share with Aucklanders that ‘safe speeds save lives’.

45. Possible funding constraints may require the scale of the plan or delivery to be slowed or delayed until future phases of the Safe Speeds Programme. Clear updates will be given should there be changes to funding throughout the duration of the programme.

46. Public views expressed during consultation may differ to the views expressed by the local board in their resolution. As AT have done in previous consultations we will come back to the local board and provide interim reports, before a further resolution is sought.

Ngā koringa ā-muri

Next steps

47. The Safe Speeds Programme Team will review and consider all feedback provided by local boards and will use this along with feedback from the Transport and Infrastructure Committee, Mana Whenua Treaty Partners and our obligations as a road controlling authority to help develop Katoa, Ka Ora Speed Management Plan for Auckland.

48. A report will be provided to local boards to show how feedback has been used to help shape the final plan that goes out for public consultation.

49. Public consultation is planned for mid 2023, but dates are subject to change. Dates will be confirmed after the Regional Transport Committee approval of the draft plan.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Form for DTLB to provide feedback	183
b ⇩	Katoa, Ka Ora - DTLB workshop 28 February 2023	185

Ngā kaihaina

Signatories

Author

Marlene Kotze - Auckland Transport Programme Director

Authorisers

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Termination and variation of community leases, as well as proposed new interim tenancies at 3 Gibbons Road, Takapuna

File No.: CP2023/03968

Te take mō te pūrongo

Purpose of the report

1. To terminate the community leased occupancies in the Mary Thomas Centre and the Takapuna Community Services Building as specified in Attachment A (Schedule One, Part One), located at 3 Gibbons Road, Takapuna.

2. To grant new interim monthly tenancies for the community organisations to be located in the Takapuna Community Services Building as specified in Attachment A (Schedule One, Part Two).

3. To vary the existing community leased occupancies in the Takapuna Community Services Building as specified in Attachment A (Schedule One, Part Three).

Whakarāpopototanga matua

Executive summary

4. The Auckland Council-owned Mary Thomas Centre (the centre), located at 3 Gibbons Road, Takapuna, has significant structural issues that must be addressed.

5. Building renewal works required to ensure the centre is fit-for-purpose include, but are not limited to, replacing the roof, replacing the membrane layer of the upper deck floors, and investigating new joinery as the existing steel window frames are corroding.

6. The ageing facility requires increased investment to address ongoing issues. The first floor of the centre has been compromised and is no longer suitable for occupancies.

7. The centre currently accommodates six community organisations. Staff advise that the leased occupancies on the first floor be terminated for health and safety reasons. These occupancies have reached final expiry and are rolling over on a month-to-month basis.

8. Where space is needed and available, staff recommend relocating the organisations, as specified in Attachment A (Schedule One, Part Two), to the council-owned Takapuna Community Services Building (the services building). The proposed new interim tenancies will be a month-to-month occupancy to enable council staff and the Devonport-Takapuna Local Board to investigate long-term solutions for the asset, in correlation with the Takapuna Community and Library Service Provision project (resolution DT/2021/123).

9. Pursuant to section 210 of the Property Law Act 2007, the existing leases for the centre's displaced community organisations, may be terminated at any time by the lessor or the lessee giving not less than 20 working days’ written notice to the other party to the lease. Staff recommends that the abovementioned leases be terminated on 1 June 2023 and the new interim monthly tenancies commence on 2 June 2023, providing the affected community organisations sufficient time to relocate their belongings to the services building and allowing the council to make arrangements for the proposed occupancy areas to be ready for occupation.

10. In addition, as part of the relocation proposal, the existing leased occupancies for Age Concern North Shore Incorporated and Multiple Sclerosis Auckland Incorporated, both located on the upper level of the services building, will be varied. Age Concern's leased area will be reduced by way of a partial surrender of lease premises, whereas Multiple Sclerosis' leased area will be increased to include the adjoining office space that the organisation has been occupying but has not been properly formalised, by way of a lease for additional premises. Both organisations were consulted about the proposed changes. The new operational expenditure charge for each will reflect the variations that were agreed upon.

11. Given the proposed interim nature of the tenancies, engagement with mana whenua and mātāwaka, as well as public notification, are not required.

12. The community organisations proposed to relocate are all existing leaseholders who meet the requirements for community occupancy. Due to the nature of the proposed interim tenancies, staff did not request that the organisations provide a comprehensive application for the proposed new lease.

13. On 22 February 2023, council staff and affected community organisations undertook a site visit to both the centre and the services building. Staff have subsequently conducted extensive consultations with the organisations regarding the proposed relocation. The organisations were involved in all aspects of the proposed new interim monthly tenancies and lease variations.

14. The underlying land that the services building is situated on is legally described as Lot 2 Deposited Plan 150933 and Lot 3 Deposited Plan 134486 and is held in fee simple by Auckland Council, and subject to the Local Government Act 2002.

15. The proposed new interim tenancies and lease variations were not identified on the approved Parks and Community Facilities: Community Leases Work Programme 2022/2023. Staff have added this item to the work programme due to the urgency with which this matter needs to be addressed.

16. This report recommends that due to the significant structural issues at the Mary Thomas centre the Devonport-Takapuna Local Board terminate the community leased occupancies located on the first floor of the Mary Thomas Centre, as well as the abandoned vacant leased premises at the Takapuna Community Services Building as specified in Attachment A (Schedule One, Part One). Furthermore, that the local board grant new interim tenancies on a month-to-month basis to the community organisations as specified in Attachment A (Schedule One, Part Two), along with an operational expenditure charge of $25.00 per square metre. This report also recommends that the local board varies the existing leases, as specified in Attachment A (Schedule One, Part Three).

17. Subject to the approval of the local board to grant the new interim monthly tenancies and to approve the lease variations, staff will engage with the community organisations to finalise the occupancy agreement and any subsequent documentation.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) whakaae/approve, to terminate as of 1 June 2023 the existing community leased occupancies for the community organisations as specified in Attachment A (Schedule One, Part One), located at the Mary Thomas Centre and Takapuna Community Services Building, 3 Gibbons Road, Takapuna

b) tuku/grant, under the Local Government Act 2002, new interim monthly tenancies for the community organisations as specified in Attachment A (Schedule One, Part Two), for the Auckland Council-owned premises identified as Takapuna Community Services Building, 3 Gibbons Road, Takapuna on the land legally described as Lot 2 Deposited Plan 150933, comprised in record of title NA90A/193 and Lot 3 Deposited Plan 134486, comprised in record of title NA79B/624 in Attachment B (Site/Floor Plan), subject to the following terms and conditions:

i) term – month-to-month tenancy commencing 2 June 2023

ii) rent – $1.00 plus goods and services tax (GST) per annum if demanded

iii) operational expenditure charge – $25.00 per square metre plus GST per annum

c) whakaae/approve, the lease variation for Age Concern North Shore Incorporated through a partial surrender of lease premises and in reference to its existing lease that commenced 1 December 2008,

d) whakaae/approve a lease for additional premises to Multiple Sclerosis Auckland Incorporated to its existing lease that commenced 1 August 2015 as specified in Attachment A (Schedule One, Part Three), located at the Takapuna Community Services Building, 3 Gibbons Road, Takapuna, in Attachment B (Site/Floor Plan), subject to the following terms and conditions:

i) vary existing operational expenditure charge – to commence 2 June 2023

d) whakaae/approve, all other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012 and the Local Government Act 2002

e) tuhi ā-taipitopito/note, that engagement with mana whenua and mātāwaka, as well as public notification, are not required for Auckland Council’s intention to grant new interim monthly tenancies and to vary the existing leases

Horopaki

Context

18. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

19. The Devonport-Takapuna Local Board approved the Parks and Community Facilities: Community Leases Work Programme 2022/2023 at their local board meeting on 21 June 2022 (resolution DT/2022/96).

20. The progression of the proposed new interim tenancies and the lease variations for the community organisations in this report at Takapuna Community Services Building, 3 Gibbons Road, Takapuna are not contemplated in the approved work programme.

21. The deterioration of the Mary Thomas Centre has been accelerated as a result of the extreme weather events in Tāmaki Makaurau earlier this year. The proposed new interim tenancies and lease variations have been prioritised over the current approved work programme by the council’s community leasing team and the Devonport-Takapuna Local Board. The proposed tenancies and variations will be added to the current work programme in order to be included in the local board reporting.

22. This report considers the proposed new interim monthly tenancies for the affected community organisations at the Mary Thomas Centre, as well as the lease variations at the Takapuna Community Services Building.

Land status

23. The underlying land at 3 Gibbons Road, Takapuna is legally described as Lot 2 Deposited Plan 150933 under record of title NA90A/193 (North Auckland Registry) and Lot 3 Deposited Plan 134486 under record of title NA79B/624 (North Auckland Registry) and held in fee simple by Auckland Council under the Local Government Act 2002.

Buildings

24. The Mary Thomas Centre (the centre) is a council-owned building that was opened in 1986. The asset has a number of remedial issues that must be addressed in order to ensure that the building is fit-for-purpose and does not pose a health and safety risk to leaseholders and users of the premises. The issues generally affect the first floor.

25. The centre currently has six community organisations occupying various parts of the building, including The North Shore Budget Service Incorporated (the budget service). The budget service operates from the ground floor and has external access to their leased premises. This occupancy agreement is not included in the proposed termination of leases and new interim monthly tenancies.

26. On 17 August 2021, the Takapuna Community and Library Service Provision project (resolution DT/2021/123) presented its findings and future options to the Devonport-Takapuna Local Board. The options presented included the centre’s future, with some options including site optimisation. For these options it was envisaged that the proceeds from the centre's optimisation go towards developing fit-for-purpose facilities for the local community.

27. In addition, the Takapuna Community Services Building, also a council-owned building, is currently underutilised, and staff have identified spaces that can accommodate the interim tenancies for the centre's displaced community organisations.

Community organisations

28. The community organisations relocating from Mary Thomas Centre to Takapuna Community Services Building are all registered as non-profit legal entities, and a brief description of each is provided below:

· Auckland North Community and Development Incorporated (ANCAD)

ANCAD was established in 1974 and registered as a non-profit incorporated society under the New Zealand Companies Office register on 17 December 1979 then as a charity under the Charities Services register on 30 June 2008. The vision of ANCAD is for people in Auckland North to work together to build resilient, safer, and more connected communities. Its mission is to champion positive change by fostering strong community agencies, networks, and community well-being.

· Citizens Advice Bureau North Shore Incorporated (CAB)

CAB registered as a non-profit incorporated society under the New Zealand Companies Office register on 15 June 2006 then as a charity under the Charities Services register on 28 January 2008. The CAB provides free, confidential, and independent information and advice to anyone. It educates individuals about their rights and how to obtain the services they require. It draws on insights from its clients' experiences to demonstrate when policies, laws, and/or their implementation are negatively impacting individuals. CAB aspires to bring about positive social change.

· North Shore Centres of Mutual Aid Incorporated (CMA)

CMA registered as a non-profit incorporated society under the New Zealand Companies Office register on 18 December 1974 then as a charity under the Charities Services register on 9 April 2008. Since its inception in 1961, there have been 26 centres across Auckland, with eight on the North Shore. Its primary objective is to provide companionship and morning activities to isolated older individuals on the North Shore and Hibiscus Coast.

· North Shore Housing Trust (housing trust)

The housing trust registered as a non-profit incorporated society under the New Zealand Companies Office register on 19 October 1995 then as a charity under the Charities Services register on 30 June 2008. The main objective of the housing trust is to provide tenancy options with in-house care to individuals with physical and intellectual disabilities, enabling them to reside in the community in an environment that suits their needs.

· Takapuna Community Facilities Trust (facilities trust)

The facilities trust registered as a non-profit incorporated society under the New Zealand Companies Office register on 11 July 2006 then as a charity under the Charities Services register on 7 February 2008. It was founded in 2006 with the objective of supporting and promoting the well-being of Takapuna's communities. From Hauraki Corner to Sunnynook, it encourages community development. Its mission is to ensure that everyone in the community enjoys where they live.

Tātaritanga me ngā tohutohu

Analysis and advice

29. On 22 February 2023, council staff and representatives from the affected community organisations undertook a site visit at the Mary Thomas Centre and the Takapuna Community Services Building. Staff conducted extensive consultations with the organisations regarding the termination of their existing community leases on the first floor of the centre, as well as the proposed new interim monthly tenancies and lease variations at the services building.

Termination of community leases

30. The existing leases for the organisations relocating from the centre to the services building are holding over on a month-to-month basis on the same terms and conditions until terminated (Attachment A - Schedule One, Part One).

31. Staff advocates that the leases on the first floor are terminated prior to the commencement of the proposed new interim monthly tenancies at the services building. This was relayed to the organisations during the discussions with council staff on 22 February and 1 March 2023.

32. In accordance with section 210 of the Property Law Act 2007, the existing leases may be terminated at any time by either the lessor or the lessee providing the other party to the lease at least 20 working days' written notice. Staff recommends that the leases be terminated on 1 June 2023, giving affected community organisations enough time to relocate into the services building.

33. Staff are also recommending that the current lease for Hearing Association of New Zealand Incorporated (the society), which is located on the upper level of the services building, be terminated as the leaseholder no longer occupies the leased premises. While investigating available spaces at the services building, staff discovered that the society had vacated the premises without providing formal written notice to the council.

Proposed new interim monthly tenancies

34. Based on the options presented at the local board's 17 August 2021 business meeting (resolution DT/2021/123) on the future of the Mary Thomas Centre, Takapuna Community Services Building, and Takapuna Library, it is recommended that any new tenancies be on an interim basis with monthly occupancies. This will enable discussions on the options to progress without any predetermination.

35. All the community organisations relocating to the services building (Attachment A - Schedule One, Part Two) meet the criteria for community occupancy outlined in the Auckland Council Community Occupancy Guidelines 2012 (the guidelines), as well as the priorities specified in the Devonport-Takapuna Local Board Plan 2020.

36. Available spaces within the services building were relayed to the organisations during discussions with council staff on 22 February and 1 March 2023. The proposed occupancy configuration for each organisation is described in Attachment B and a summary of the foregoing is outlined below:

· Auckland North Community and Development Incorporated will have sole occupancy of the former Hearing Association of New Zealand Incorporated space

· Citizens Advice Bureau North Shore Incorporated (CAB), North Shore Centres of Mutual Aid Incorporated (CMA) and North Shore Housing Trust (housing trust) will share the space adjacent to the existing leaseholder, Multiple Sclerosis Auckland Incorporated, as personnel from the three organisations currently use their existing leased office for a limited amount of time each week

· Takapuna Community Facilities Trust (facilities trust) will take over the office space currently leased to the existing leaseholder Age Concern North Shore Incorporated.

37. These recommendations were communicated to the organisations who all agreed with the final configuration of the available spaces.

38. Staff have determined that all organisations meet the requirements under the guidelines to qualify for new interim monthly tenancies as evidenced below.

39. The organisations:

· are registered as legal entities with a not-for-profit status

· have an open membership criteria

· cater to a well-defined cluster in the local community and its services are utilised

· have an history of delivering quality services to the local community

· are managed appropriately as evidenced by its longevity.

40. The proposed new monthly tenancies at the services building will commence on 2 June 2023 and the organisations will be charged an annual subsidised operational expenditure charge of $25.00 per square metre (plus GST) for occupying a shared council-owned building, and the charge will be based on the exclusive space occupied. This subsidised charge is based on the recovery of the council's direct costs of providing the premises, and it includes building insurance, a share of the overheads such as electricity and water, as well as maintenance provided by the council, as specified in the occupancy agreement.

41. Additionally, in terms of storage space for the facilities trust, staff have agreed that the organisation will be allowed to use the lockable storage cupboard adjacent to the loading zone in the basement of the Takapuna Library car park for pest control equipment on an informal basis. Furthermore, for the trust to retain current storage of toys for the Mary Thomas Centre's Winter Fun Pre-School Play programme on the ground floor of the centre, as well as use of the room on the same floor between St Anne's Room and Wyn Williams Lounge for toy hire storage. Any other storage requirements for CAB, CMA, or the housing trust will be managed on an informal basis, with the arrangement overseen by the council's area operations team.

Variation of community leases

42. The existing leased occupancies for Age Concern North Shore Incorporated and Multiple Sclerosis Auckland Incorporated, both located on the upper level of the services building, will be varied as part of the relocation proposal. The varied leased areas are described in Attachment B and a summary of the variation is outlined below:

· Age Concern's leased area will be reduced through a partial surrender of lease premises, with the two office spaces agreed to surrender and the kitchen and restroom facility becoming a common area. One of the office spaces will be a bookable meeting room, accessible initially through the council's area operations team

· Multiple Sclerosis' leased area will be increased through a lease for additional premises to include the adjoining office space that the organisation has been occupying but has not been properly formalised.

43. Both organisations were extensively consulted about the foregoing, and the new operational expenditure charge for each will reflect the agreed-upon variations (Attachment A - Schedule One, Part Three).

Public notification

44. The Takapuna Community Services Building is on land held under the Local Government Act 2002 (the Act). Under section 138 of the Act, Auckland Council must publicly notify its intention to grant a new community lease if the term is longer than six-months in duration.

45. Since the proposed new interim tenancies are for a month-to-month period, public notification is not required in this case.

Tauākī whakaaweawe āhuarangi

Climate impact statement

46. Climate change has an unlikely potential to impact the proposed new interim tenancies, as no part of the area is located in a flood-sensitive or coastal inundation zone.

47. It is not anticipated that the increased number of interim community tenancies in the Takapuna Community Services Building will result in an increase in greenhouse gas emissions. A shared space concept will reduce overall energy consumption. The space provides opportunities for collaboration and synergies between organisations, as well as the opportunity for individuals to pursue healthy, positive lifestyles while increasing capability and connections within the local community.

48. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the approved leaseholder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities, as well as ensure that the premises is resilient to the effects of climate change, to name a few.

49. All measures taken are aimed at meeting the council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

· to prepare the region for the adverse impacts of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

50. Council staff from within the Customer and Community Services Directorate have been consulted and are supportive of the proposed new interim tenancies and lease variations.

51. The interim tenancies proposal and lease variations have no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

52. The proposed new interim tenancies will benefit the local community in enabling initiatives that promote community development, companionship and activities for the elderly, as well as providing tenancy options with in-house care to individuals with physical and intellectual disabilities.

53. Following a workshop with the local board on the Takapuna Library and Community Service review, held in February 2023 and led by the council’s Regional Services and Strategy Department, the board expressed its support for staff to prepare a formal report regarding the proposed new interim monthly tenancies and the lease variations at the Takapuna Community Services Building.

54. The delivered activities primarily align with the outcomes and objectives of the Devonport-Takapuna Local Board Plan 2020:

Outcome	Objective
Outcome 2: Parks, facilities and open spaces	Our parks, sports fields, community facilities, beaches and open spaces are well maintained to meet the recreation and social needs of our growing population.
Outcome 3: Community participation and wellbeing	Our communities, including mana whenua, feel connected and supported to plan, deliver, and participate in activities and services in their local area.

Tauākī whakaaweawe Māori

Māori impact statement

55. Engagement with mana whenua and mātāwaka is not required for the proposed new interim monthly tenancies at this time. The affected community organisations are existing leaseholders for the premises at Mary Thomas Centre, and council staff are recommending that the organisations be relocated to the Takapuna Community Services Building due to health and safety reasons, such as defects with the centre's roof and cladding, which is interfering with the operation of the affected community organisations located on the first floor.

56. The respective community organisations have made significant contributions in delivering programmes and activities to the local community, and the proposed interim tenancies will benefit Māori through community development, as well as activities for kaumātua (elders), to name a few.

57. According to Tatauranga Aotearoa (Stats NZ), 5.5 percent of Te Hau Kapua/Devonport-Takapuna Local Board residents identified as Māori in the 2018 census, compared to 11.5 percent in the Tāmaki Makaurau region.

58. Te Kaunihera o Tāmaki Makaurau is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

59. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan 2050, the 10-year Budget Plan 2021-2031 (Long-term Plan), the Auckland Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, the council’s Māori Responsiveness Framework.

60. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

61. Additionally, community leases support a wide range of activities and groups. Leases and/or tenancies are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

62. Staff have consulted with the council’s Financial Strategy and Planning Department. No concerns were raised regarding the financial implications for the proposed new interim monthly tenancies and the lease variations at the Takapuna Community Services Building.

63. Ongoing structural maintenance of the asset will be covered by the council, which is accounted for in current and future budgets, while the proposed tenants will be primarily responsible for the internal upkeep of their respective occupied areas, as well as any intentional damage to the areas caused by the tenants and its users.

64. In accordance with the Auckland Council Community Occupancy Guidelines 2012, the recommended rent is $1.00 plus GST per annum, if demanded. The interim tenancies will be charged an annual operational expenditure charge of $25.00 per square metre (plus GST) of the exclusive space occupied. This charge is based on the recovery of the direct costs to the council of providing the premises and covers building insurance, a share of the overheads such as electricity and water, as well as maintenance provided by the council, as set out in the occupancy agreement.

65. All costs relating to the preparation of the occupancy agreements and subsequent documentation are borne by the council’s Parks and Community Facilities Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

66. Should the local board resolve not to grant the proposed new interim monthly tenancies to the reputable community organisations as well as approve the lease variations described in this report, the organisations’ ability to carry out all current and future activities will be negatively impacted. The relocation of the affected community organisations located on the first floor of the centre is due to a number of remedial issues that must be addressed to ensure that the building is fit-for-purpose and does not pose a health and safety risk to tenants and users of the premises. This will have a negative impact on achieving the desired outcomes of the local board plan.

67. Furthermore, and in relation to the Takapuna Community and Library Service Provision project, if the board chooses not to make a decision regarding the relocation of the reputable community organisations, this will delay the above project and potentially the opportunity for the centre to be considered an optimised asset and inevitably to develop fit-for-purpose facilities for the benefit of the local community.

68. As there is no significant departure from the land use or change in community services activities, there are no identified risks in granting the interim tenancies.

69. The tenancies provide the reputable community organisations with security of tenure, enabling them to attend to their scheduled programmes and activities and apply for funding initiatives. If the tenancies are not granted, the groups' ability to carry out their programmes and activities will be severely impacted.

Ngā koringa ā-muri

Next steps

70. Subject to Devonport-Takapuna Local Board’s approval to terminate the existing community leased occupancies as specified in this report and grant the new interim monthly tenancies and lease variations to the community organisations at the Takapuna Community Services Building, staff will engage with the organisations to finalise the occupancy agreements and subsequent documentation in accordance with the decision of the local board.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Schedule One - Termination and variation of community leases, as well as proposed new interim tenancies at 3 Gibbons Road, Takapuna	215
b ⇩	Site/Floor Plan at Takapuna Community Services Building, 3 Gibbons Road, Takapuna	217

Ngā kaihaina

Signatories

Authors

Tai Stirling - Community Lease Advisor

Phillipa Carroll – Principal Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Classification of multiple reserves in the Devonport-Takapuna Local Board area

File No.: CP2023/04006

Te take mō te pūrongo

Purpose of the report

1. To classify multiple unclassified reserves in the Devonport-Takapuna Local Board area pursuant to the Reserves Act 1977.

Whakarāpopototanga matua

Executive summary

2. Auckland Council owns many reserves across the Devonport-Takapuna Local Board area subject to the provisions of the Reserves Act 1977 and some of these reserves are unclassified.

3. Local boards hold delegated authority under Section 16 of the Reserves Act 1977 to classify reserves which are held in ownership by the council.

4. The proposed classifications of the land already held under the Reserves Act were not required to be publicly notified as the recommended classification purposes are substantially the same as the purpose for which the reserves were acquired and are currently held and administered.

5. This large suite of classifications is prompted by the preparation of the Local Parks Management Plan for Devonport-Takapuna. Classification is a statutory requirement prior to the adoption of a reserve management plan under the Reserves Act.

6. Staff recommend that the local board resolves to classify the reserves according to the purpose for which they have been held and administered.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) resolves to classify pursuant to Section 16(1) of the Reserves Act 1977 the following reserves for the stipulated purpose:

i) Belmont Park, legally described as Lot 104 DP 37877 being 4100 square metres (more or less), contained in RT NA1119/22 as a recreation reserve pursuant to Section 17 of the Reserves Act.

ii) Greville Reserve, legally described as Part Allotment 249 Parish of Takapuna being 6.6482 hectares (more or less), contained in New Zealand Gazette 1961 page 928 as a recreation reserve pursuant to Section 17 of the Reserves Act.

iii) Smiths Bush Scenic Reserve, as part of the Onewa Domain and located on the eastern side of the Northern Motorway, legally described as Part Lot 1 DP 31225 being 1.0874 hectares (more or less), contained in New Zealand Gazette 1969 page 1622 and RT NA37A/63 (part-cancelled) as a recreation reserve pursuant to Section 17 of the Reserves Act.

iv) Stanley Bay Park, legally described as Allotment 47 Section 2 Parish of Takapuna being 1315 square metres (more or less), contained in New Zealand Gazette 1957 page 185 and RT NA91D/132 as a recreation reserve pursuant to Section 17 of the Reserves Act.

v) Stanley Bay Beach Reserve, legally described as Allotment 48 Section 2 Parish of Takapuna being 683 square metres (more or less), contained in New Zealand Gazette 1957 page 185 and RT NA91D/132 as a recreation reserve pursuant to Section 17 of the Reserves Act.

vi) Stanley Bay Beach Reserve, legally described as Allotment 49 Section 2 Parish of Takapuna being 379 square metres (more or less), contained in New Zealand Gazette 1957 page 185 and RT NA91D/132 as a recreation reserve pursuant to Section 17 of the Reserves Act.

b) resolves to classify pursuant to Section 16(2A) of the Reserves Act 1977 the following reserves for the stipulated purpose:

i) Anzac Reserve, legally described as Part Lot 23 DP 38177 being 96 square metres (more or less), contained in New Zealand Gazette 1997 page 2731 as a recreation reserve pursuant to Section 17 of the Reserves Act.

ii) Auburn Street Reserve, legally described as Lot 2 DP 105820 being 456 square metres (more or less), contained in RT NA105/88 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

iii) Auburn Street Reserve, legally described as Lot 3 DP 105820 being 64 square metres (more or less), contained in RT NA105/88 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

iv) Bayswater Esplanade Reserve, legally described as Lot 3 DP 166300 being 220 square metres (more or less), contained in RT NA100D/720 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

v) Bayswater Esplanade Reserve, legally described as Lot 2 DP 191545 being 104 square metres (more or less), contained in RT NA121A/500 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

vi) Bayswater Esplanade Reserve, legally described as Lot 3 DP 185297 being 130 square metres (more or less), contained in RT NA115C/777 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

vii) Bayswater Esplanade Reserve, legally described as Lot 2 DP 162735 being 217 square metres (more or less), contained in RT NA106B/221 as a local purpose (esplanade reserve) pursuant to Section 23 of the Reserves Act.

viii) Bayswater Esplanade Reserve, legally described as Lot 3 DP 210858 being 174 square metres (more or less, contained in RT 139A/450 as local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

ix) Bayswater Esplanade Reserve, legally described as Lot 4 DP 409067 being 220 square metres (more or less), contained in RT 460144 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

x) Beach Road Reserve, legally described as Lot 2 DP 110597 being 289 square metres (more or less), contained in RT NA18A/1469 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xi) Beach Road Reserve, legally described as Lot 3 DP 154556 being 660 square metres (more or less), contained in RT NA89C/888 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xii) Beach Road Reserve, legally described as Lot 3 DP 170511 being 357 square metres (more or less), contained in RT NA104B/40 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xiii) Belle Verde Reserve, legally described as Lot 29 DP 193773 being 800 square metres (more or less), contained in RT NA123C/355 as a recreation reserve pursuant to Section 17 of the Reserves Act.

xiv) Brian Byrnes Reserve, legally described as Lot 2 DP 157260 being 29 square metres (more or less), contained in RT NA420/88 (cancelled) as a recreation reserve pursuant to Section 17 of the Reserves Act.

xv) Charles Reserve, legally described as Lot 3 DP 98520 being 50 square metres (more or less), contained in NA61A/343 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xvi) Charles Reserve, legally described as Lot 2 DP 101177 being 261 square metres (more or less), contained in RT NA61A/344 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xvii) Charles Reserve, legally described as Lot 2 DP 185471 being 15 square metres (more or less), contained in RT NA114C/936 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xviii) Esmonde Road Reserve, legally described as Lot 3 DP 153232 being 209 square metres (more or less), contained in RT NA90C/939 (cancelled) as a local purpose (esplanade) reserve pursuant Section 23 of the Reserves Act.

xix) Hill Park, legally described as Lot 3 DP 352762 being 3 square metres (more or less), contained in RT 270250 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xx) Aramoana Reserve (formally known as Holloway Reserve), legally described as Lot 3 DP 88065 being 271 square metres (more or less), contained in RT NA1345/71 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxi) Lansdowne Reserve, legal described as Lot 1 DP 157642 being 222 square metres (more or less), contained in RT NA94C/769 as a local purpose (esplanade) reserve pursuant to Section 23 of Reserves Act.

xxii) Marine Parade Reserve, legally described as Lot 1 DP 165058 being 1425 square metres (more or less), contained in RT NA99B/902 as a recreation reserve pursuant to Section 17 of the Reserves Act.

xxiii) Melrose Reserve, legally described as Part Auckland Harbour Bed and shown as “Area O” on Survey Office Plan SO 57113 being 1416 square metres (more or less), contained in RT NA193/150 (part-cancelled) as a recreation reserve pursuant to Section 17 of the Reserves Act.

xxiv) Milford Beach Front Reserve, legally described as Lot 3 DP 185313 being 130 square metres (more or less), contained in RT NA115C/821 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxv) Milford Beach Front Reserve, legally described as Lot 1 DP 164705 being 94 square metres (more or less), contained in RT NA99B/160 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxvi) Milford Beach Front Reserve, legally described as Lot 3 DP 149621 being 48 square metres (more or less), contained in RT NA30B/688 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxvii) Milford Beach Front Reserve, legally described as Lot 4 DP 410808 being 91 square metres (more or less), contained in RT 446978 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxviii) Milford Beach Front Reserve, legally described as Lot 1 DP 162826 being 113 square metres (more or less), contained in RT NA98A/945 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxix) Napier – Harley Reserve, legally described as Lot 3 DP 169392 being 46 square metres (more or less), contained in RT NA103B/225 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxx) Napier – Harley Reserve, legally described as Lot 2 DP 455590 being 500 square metres (more or less), contained in RT 586570 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxi) Napier – Harley Reserve, legally described as Lot 4 DP 426552 being 169 square metres (more or less), contained in RT 516555 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxii) Napier – Harley Reserve, legally described as Lot 2 DP 195898 being 300 square metres (more or less), contained in RT NA125A/58 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxiii) Ngataringa Bay Reserves, legally described as Lot 2 DP 180495 being 403 square metres (more or less), contained in RT NA111C/532 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxiv) Ngataringa Bay Reserves, legally described as Part Lot 1 DP 31568 being 423 square metres (more or less), contained in RT NA828/190 (part cancelled) as a local purpose (landscape protection) reserve pursuant to Section 23 of the Reserves Act.

xxxv) Ngataringa Bay Reserves, legally described as Part Lot 121 DP 195 being 1126 square metres (more or less), contained in RT NA823/28 (part cancelled) as a local purpose (landscape protection) reserve pursuant to Section 23 of the Reserves Act.

xxxvi) Ngataringa Bay Reserves, legally described as Lot 3 DP 408306 being 316 square metres (more or less), contained in RT 555697 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxvii) Northboro Reserve, legally described as Lot 4 DP 168878 being 248 square metres (more or less), contained in RT NA103A/45 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxviii) Northboro Reserve, legally described as Lot 5 DP 168878 being 139 square metres (more or less), contained in RT NA103A/46 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xxxix) Northboro Reserve, legally described as Lot 6 DP 168878 being 144 square metres (more or less), contained in RT NA103A/47 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xl) Northcroft Esplanade Reserve, legally described as Lot 14 DP 35349 being 556 square metres (more or less), contained in RT NA61A/366 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xli) Northcroft Esplanade Reserve, legally described as Lot 2 DP 189195 being 659 square metres (more or less), contained in RT NA119B/38 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xlii) Norwood Road Esplanade Reserve, legally described as Lot 101 DP 317921 being 332 square metres (more or less), contained in RT 70241 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xliii) Norwood Road Esplanade Reserve, legally described as Lot 3 DP 376021 being 241 square metres (more or less), contained in RT 305752 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xliv) Norwood Road Esplanade Reserve, legally described as Lot 3 DP 157036 being 402 square metres (more or less), contained in RT NA94B/585 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xlv) 37R The Strand, legally described as Lot 3 DP 101579 being 85 square metres (more or less), contained in RT NA61A/345 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xlvi) 37R The Strand, legally described as Lot 4 DP 101579 being 39 square metres (more or less), contained in RT NA61A/346 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xlvii) 37R The Strand, legally described as Lot 2 DP 203949 being 874 square metres (more or less), contained in RT NA132D/36 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

xlviii) Castor Bay Beach Reserve, legally described as Allotment 478 Parish of Takapuna being 574 square metres (more or less), contained in RT NA788/45 as a local purpose (accessway) reserve pursuant to Section 23 of the Reserves Act.

xlix) 11D Birkley Road, legally described as Lot 3 DP 515859 being 250 square metres (more or less), contained in RT 815154 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

l) R 37 The Strand, legally described as Lot 3 DP 189271 being 652 square metres (more or less), contained in RT NA119/144 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

li) R 37 The Strand, legally described as Lot 3 DP 203614 being 368 square metres (more or less), contained in RT NA132B/118 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lii) R 37 The Strand, legally described as Lot 3 DP 95714 being 1130 square metres (more or less), contained in RT NA49D/972 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

liii) R 76 Aramoana Avenue, legally described as Lot 3 DP 348740 being 418 square metres (more or less), contained in RT 215619 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

liv) Plymouth Reserve, legally described as Lot 8 DP 372319 being 66 square metres (more or less), contained in RT 292531 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lv) Stanley Bay Park, legally described as Part Harbour Bed Deposited Plan 15479 being 3.1363 square metres (more or less), contained in RT NA353/180 as a recreation reserve pursuant to Section 17 of the Reserves Act.

lvi) Sunnynook Bush, legally described as Lot 90 DP 82922 being 91 square metres (more or less), contained in RT NA16D/540 (cancelled) as a local purpose (accessway) reserve pursuant to Section 23 of the Reserves Act.

lvii) Sunnynook Bush, legally described as Lot 91 DP 82923 being 59 square metres (more or less), contained in RT NA16D/540 (cancelled) as a local purpose (accessway) reserve pursuant to Section 23 of the Reserves Act.

lviii) Sunnynook Bush, legally described as Lot 34 DP 155985 being 237 square metres (more or less), contained in RT NA93A/851 as a recreation reserve pursuant to Section 17 of the Reserves Act.

lix) Takapuna Beach, legally described as Lot 3 DP 162492 being 425 square metres (more or less), contained in RT NA98C/649 as local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lx) Takapuna Beach Reserves, legally described as Part Allotment 30 Section 1 Parish of Takapuna being 412 square metres (more or less), contained in RT NA314/128 (cancelled) and New Gazette notice 1967 page 452 as a local purpose (access) reserve pursuant to Section 23 of the Reserves Act.

lxi) Takapuna Beach, legally described as Lot 5 DP 160923 being 309 square metres (more or less), contained in RT NA96D/670 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxii) Takapuna Beach, legally described as Lot 2 DP 359509 being 5 square metres (more or less), contained in RT 242255 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxiii) Takapuna Beach, legally described as Lot 6 DP 391353 being 25 square metres (more or less), contained in RT 373767 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxiv) Thornes Bay, legally described as Lot 3 DP 349323 being 3 square metres (more or less), contained in RT 236200 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxv) Thornes Bay, legally described as Lot 2 DP 328065 being 16 square metres (more or less), contained in RT 136952 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxvi) Wairau Estuary Reserve, legally described as Lot 2 DP 170768 being 264 square metres (more or less), contained in RT NA104B/529 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxvii) Wairau Estuary Reserve, legally described as Lot 3 DP 471445 being 221 square metres (more or less), contained in RT 639725 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxviii) Wairau Estuary Reserve, legally described as Lot 4 DP 162358 being 41 square metres (more or less), contained in RT NA97D/938 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxix) Wairau Estuary Reserve, legally described as Lot 3 DP 180874 being 1472 square metres (more or less), contained in RT NA111D/992 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxx) Wairau Estuary Reserve, legally described as Lot 2 DP 153269 being 1080 square metres (more or less), contained in RT NA41C/1031 (cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxxi) Wairau Estuary Reserve, legally described as Lot 3 DP 172155 being 290 square metres (more or less), contained in RT NA105A/932 as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxxii) Wairau Estuary Reserve, legally described as Lot 3 DP 113025 being 109 square metres (more or less), contained in RT NA1135/52 (part-cancelled) as a local purpose (esplanade) reserve pursuant to Section 23 of the Reserves Act.

lxxiii) Wairau Estuary Reserve, legally described as Lot 2 DP 176956 being 141 square metres (more or less), contained in RT NA109A/603 as a local purpose (esplanade) reserve subject to Section 23 the Reserves Act.

lxxiv) Wairau Estuary Reserve, legally described as Lot 2 DP 154148 being 186 square metres (more or less), contained in RT NA94A/280 as a local purpose (esplanade) reserve subject to Section 23 of the Reserves Act.

lxxv) Wairau Estuary Reserve, legally described as Lot 5 DP 180874 being 210 square metres (more or less), contained in RT NA111D/993 as a local purpose (esplanade) reserve subject to Section 23 of the Reserves Act.

lxxvi) Wairau Estuary Reserve, legally described as Lot 2 DP 163866 being 275 square metres (more or less), contained in RT NA98D/395 as a local purpose (esplanade) reserve subject to Section 23 of the Reserves Act.

lxxvii) Wairau Estuary Reserve, legally described as Lot 1 DP 160137 being 313 square metres (more or less), contained in RT NA96B/282 as a local purpose (esplanade) reserve subject to Section 23 of the Reserves Act.

lxxviii) Wairau Estuary Reserve, legally described as Part Lot 1 DP 166689 being 69 square metres (more or less), contained in RT 472459 as a recreation reserve subject to Section 17 of the Reserves Act.

lxxix) Wairau Estuary Reserve, legally described as Section 8 SO 70614 being 1450 square metres (more or less), contained in RT 472459 as a recreation reserve pursuant to Section 17 of the Reserves Act.

lxxx) Wairau Estuary Reserve, legally described as Section 9 SO 70614 being 40 square metres (more or less), contained in RT 472459 as a recreation reserve pursuant to Section 17 of the Reserves Act.

lxxxi) Wairau Estuary Reserve, legally described as Section 10 SO 70614 being 617 square metres (more or less), contained in RT 472459 as a recreation reserve subject to Section 17 of the Reserves Act.

Horopaki

Context

Classification of reserves under the Reserves Act 1977 and the local board’s role

7. Auckland Council is statutorily required to classify all unclassified reserves. This is undertaken under section 16 of the Reserves Act 1977 and where this is incomplete, Auckland Council is not fulfilling its statutory obligations.

8. Classification of reserves under the Reserves Act identifies the principal or primary purpose of a reserve. The classification helps direct the reserve’s management, use and development. Classification is also necessary to enable the administering body to grant third parties rights over reserves such as leases and licenses.

9. The local board holds delegated authority under Sections 16(1) and 16(2A) of the Reserves Act to approve classification of reserves held by Auckland Council (including those in trust on behalf of the Crown) within the local board area, subject to all statutory processes having been satisfied.

Tātaritanga me ngā tohutohu

Analysis and advice

Classification Denotes Primary Purpose of Reserve

10. As the reserves are held by the council under the Reserves Act (including in trust), it is a statutory requirement to classify each reserve according to its primary or principal purpose.

11. Classification under section 16 of the Reserves Act involves assigning the appropriate class to a reserve (or parts of a reserve). The class determines the principal or primary purpose of the reserve. The present values of the reserve are considered as well as the future and potential values, uses and activities on the reserve.

Consultation

12. On 12 and 31 May 2022, staff from the Service Investment and Programming Unit from Regional Services and Strategy met with the Mana Whenua Forum – North to consult on the proposed Devonport-Takapuna Local Parks Management Plan. This forum discussed the classifications necessary to progress a reserve management plan under the Reserves Act and the requirement to undertake the classifications by resolution of the Devonport-Takapuna Local Board as well as publication in the New Zealand Gazette (where required). The feedback from mana whenua representatives present was supportive of the required classification task and the proposed classification classes.

13. The proposed classifications are either substantially the same as the purpose for which the reserves were held and administered before the commencement of the Reserves Act 1977 or are for the same purpose as which the reserves were acquired by or vested in Council, and/or the underlying zoning of reserves is as reserve under the Auckland Unitary Plan. Therefore, pursuant to section 16(5) of the Reserves Act, prior public notification of the council’s intention to classify the reserves is not required.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. The proposed classifications outlined in this report do not include any change in the current uses of or activities on the reserves nor do they not introduce any new source of greenhouse gas emission.

15. The proposed classifications are the formalisation of statutory requirements under the Reserves Act which is an administrative process and therefore will have no impact on climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16. This classification task has been requested by the Service Investment and Programming Unit as part of the preparation of the Devonport-Takapuna Local Parks Management Plan. Land Advisory staff have kept Service Investment and Programming updated and involved throughout the investigation work of reserves which are already classified. Service Investment and Programming support the recommendations made in this report as classification of the remaining unclassified reserves will enable the Devonport-Takapuna Local Parks Management Plan to progress towards consultation and ultimately, adoption.

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

Local impacts and local board views

17. The Devonport-Takapuna Local Board holds the delegated authority under Sections 16(1) and 16(2A) of the Reserves Act to resolve to classify the reserves.

18. The views and preferences of the local board in relation to the proposal were sought at a meeting held on 19 July 2022 (Resolution DT20220719 Minute 10862 Item 12) and more recently at a workshop held on 14 February 2023. At the recent workshop, the local board sought that it be provided with a list of all the parcels intended to be classified including a depiction of each parcel shown as an aerial view. This list was provided to the local board on 15 March 2023 and is attached as Attachment 1.

19. Under section 16(1) of the Reserves Act, notice of a proposed classification is required to be published in the New Zealand Gazette. The Minister of Conservation has delegated this power to the council where it holds the reserve in trust and is responsible for its administration. This delegation is prescribed by the ‘Reserves Act 1977 - Instrument of Delegation for Territorial Authorities’ dated 12 June 2013.

Tauākī whakaaweawe Māori

Māori impact statement

20. There is no express requirement to consult mana whenua under the Reserves Act. However, section 4 of the Conservation Act 1987 states that the act should be interpreted and administered so as to give effect to the principles of the Treaty of Waitangi.

21. The proposal to classify the reserves was presented to the mana whenua groups identified as having an interest in the subject reserves at the Mana Whenua Forum – North on 12 and 31 May 2022. The feedback from the representatives at the forums was supportive of the classifications.

Ngā ritenga ā-pūtea

Financial implications

22. The proposed classification is an administrative exercise and will not result in any costs to the local board. All costs (if any) relating to publication of a notice of classification in the New Zealand Gazette will be met by Auckland Council’s Parks and Community Facilities Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. The proposed classification will fulfil the council’s statutory requirement under the Reserves Act to classify all unclassified reserves which it either holds or manages.

24. If the local board does not classify the reserve, Auckland Council will be in breach of this statutory requirement.

Ngā koringa ā-muri

Next steps

25. If approved, staff will ensure the publication of the resolutions in the New Zealand Gazette which will complete the statutory classification process. The local board is not required to take any further action concerning the classification of the reserves.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Reserve classification for unclassified parcels in DTLB	229

Ngā kaihaina

Signatories

Author

Bianka Lee - Specialist Technical Statutory Advisor

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Declare balance of Milford Reserve as reserve

File No.: CP2023/04095

Te take mō te pūrongo

Purpose of the report

1. To seek approval to declare land at Milford Reserve as reserve in the Devonport-Takapuna Local Board area subject to the Reserves Act 1977.

Whakarāpopototanga matua

Executive summary

2. Auckland Council owns land across the Devonport-Takapuna Local Board area subject to the Local Government Act 2002.

3. Milford Reserve, located at 24 Craig Road Milford, is composed of nine parcels of land, two of which are subject to the Reserves Act 1977, and the remaining seven parcels are owned subject to the Local Government Act. Due to suitability, statutory administrative duties and the overall land area already held subject to the Reserves Act, it is appropriate to declare the balance of this land as reserve subject to the Reserves Act.

4. Local boards hold delegated authority under Section 14 of the Reserves Act to declare land as reserve if owned by the council.

5. The proposed declaration of land to be brought under the Reserves Act was publicly notified on 17 November 2022. There were no objections to the proposal to declare the land as reserve.

6. This report is prompted by the preparation of the Devonport-Takapuna Local Parks Management Plan. Declaring land as reserve is a statutory requirement to ensure inclusion in and compliance with a reserve management plan under the Reserves Act.

7. Staff recommend that the local board resolves to declare the balance of land at Milford Reserve as subject to the Reserves Act according to the purpose for which the land has been notified.

8. If the local board resolves to declare the land as subject to the Reserves Act, staff will seek the consent of the Minister’s Delegate (General Manager Parks and Community Facilities) to publish the resolution in the New Zealand Gazette, which will also deem the land to be classified without any further notification or resolution.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) resolves to declare pursuant to Section 14(1) of the Reserves Act 1977 the following land as subject to the Reserves Act for the stipulated purpose:

i) Milford Reserve, legally described as Lot 70 DP 12137 being 999 square metres (more or less), contained in RT NA401/280 as a recreation reserve pursuant to Section 17 of the Reserves Act.

ii) Milford Reserve, legally described as Lot 71 DP 12137 being 1037 square metres (more or less), contained in RT NA401/280 as a recreation reserve pursuant to Section 17 of the Reserves Act.

iii) Milford Reserve, legally described as Lot 72 DP 12137 being 918 square metres (more or less), contained in RT NA401/279 as a recreation reserve pursuant to Section 17 of the Reserves Act.

iv) Milford Reserve, legally described as Lot 73 DP 12137 being 1021 square metres (more or less), contained in RT NA401/279 as a recreation reserve pursuant to Section 17 of the Reserves Act.

v) Milford Reserve, legally described as Lot 74 DP 12137 being 1034 square metres (more or less), contained in RT NA470/41 as a recreation reserve pursuant to Section 17 of the Reserves Act.

vi) Milford Reserve, legally described as Part Lot 75 DP 12137 being 280 square metres (more or less), contained in RT NA33/79 (Part-Cancelled) as a recreation reserve pursuant to Section 17 of the Reserves Act.

vii) Milford Reserve, legally described as Part Lot 75 DP 12138 being 1742 square metres (more or less), contained in RT NA1043/251 as a recreation reserve pursuant to Section 17 of the Reserves Act.<Enter text>

Horopaki

Context

9. Auckland Council may declare land it owns subject to the Reserves Act 1977. Declaring land as reserve is appropriate for many different reasons, but usually to ensure suitable land is better managed and administered under the Reserves Act due to it containing qualities that satisfy the purpose of the Act.

10. The seven parcels of land to be declared as reserve form part of Milford Reserve. The reserve currently contains two land parcels subject to the Reserves Act, which together amount to more than half of the overall land area of Milford Reserve i.e., 1.3709 hectares of a total of 2.2306 hectares. The balance parcels are owned subject to the Local Government Act.

11. In the interests of overall consistency of statutory administration and to ensure that the Devonport-Takapuna Local Parks Management Plan applies to all of Milford Reserve, staff consider it is appropriate that the balance land be declared reserve, so that the entire reserve is administered under one statutory regime.

12. To undertake a vice versa approach would require the revocation of the reserve status of the other two parcels in Milford Reserve, which is not recommended as this would create implications for existing activities on the reserve and limit the application of the proposed Devonport-Takapuna Local Parks Management Plan.

13. Declaration of land as reserve under the Reserves Act also identifies the principal or primary purpose of a reserve. Identifying this purpose ensures that when land is declared reserve by resolution and a notice published in the New Zealand Gazette, the new reserve is deemed to be classified for that purpose.

14. A reserve’s classification purpose directs the reserve’s management, use and development. Classification is also necessary to enable an administering body to grant third parties rights over reserves such as leases and licenses.

15. Devonport-Takapuna Local Board holds delegated authority under Section 14(1) of the Reserves Act to resolve to declare land as reserve which is owned by Auckland Council and within its local board area, subject to all statutory processes having been satisfied.

Tātaritanga me ngā tohutohu

Analysis and advice

Declaring land as reserve

16. When considering an opportunity to declare land owned by the council as subject to the Reserves Act, staff examine the land’s suitability and consistency with the purpose of the Act. The purpose of the Reserves Act is both for the preservation and management of land which possesses intrinsic qualities, including recreation, wildlife, indigenous flora and fauna, environmental and landscape amenity, and interests.

17. The land may also include other features such as natural, scenic, cultural, archaeological or similar values (section 3(1)(a) of the Reserves Act).

18. Other equally important purposes of the Reserves Act include ensuring the survival of indigenous species and the preservation of access for the public to and along water bodies (section 3(1)(b) and (c)). Often there are multiple qualifying features on land which ensure it is suitable to be declared as reserve.

19. Finally, when considering declaring land as reserve, staff account for the land’s present and future values, activities and uses.

20. When declaring land as reserve under section 14(1), the resolution should specify the class or primary purpose for which the new reserve will be administered. When the resolution is published in the New Zealand Gazette pursuant to section 14(4), the new reserve will also be deemed to be classified for that specified class or purpose in accordance with section 16(2), without need for additional resolutions and notifications.

Consultation

21. On 12 and 31 May 2022, staff from the Service Investment and Programming Unit, met with the Mana Whenua Forum - North to consult on the proposed Devonport-Takapuna Local Parks Management Plan. This forum discussed the declarations necessary to progress a reserve management plan under the Reserves Act and the requirement to undertake the classifications by resolution of the Devonport-Takapuna Local Board as well as publication in the New Zealand Gazette.

22. The feedback from mana whenua representatives present was supportive of the proposed declaration task and the proposed classification classes.

23. On 5 July 2022, staff from Service Investment and Programming attended a workshop with the local board to introduce some select land parcels which may be appropriate to declare as reserve or which were held under the Reserves Act and required classification. Following that workshop, a Notice of Motion was carried on 19 July 2022 (resolution DT/2022/104) requesting staff to provide further information on the land parcels subject to the declaration and classification work.

24. Service Investment and Programming requested Land Advisory Services to complete the investigative work on the status of land owned under the Local Government Act and determine which would be suitable to be declared as reserve.

25. On 14 February 2023, staff attended another workshop with the local board to provide an update. Further research was required to determine the land status of some remaining parcels where records were inconclusive, but staff anticipated reports on the respective declaration and classification proposals would be submitted for the June 2023 business meeting.

26. A final list of all land parcels to be included for declaration or classification was provided to the local board on 15 March 2023 (see Attachment 1).

Public Consultation and Notice

27. On 17 November 2022, staff gave public notice of the proposal to declare the balance of Milford Reserve as reserve in the North Shore Times and on the public notice section of the council’s website.

28. Staff did not receive any objections to the proposal to declare the balance of Milford Reserve as subject to the Reserves Act. Staff did receive a few queries about the parcels subject of the public notice, so staff provided aerial imagery to the respondents for better clarity. The public queries were satisfied upon receipt of the aerial imagery.

29. In that same notice, staff included three parcels forming part of Milford Beach Front Reserve and Thornes Bay which were acquired subject to the Public Works Act 1908 for sewage purposes. Since publishing that notice, staff have discovered there are additional parcels covering the Milford to Takapuna Walkway which are either owned by the council subject to the Local Government Act for sewage purposes or were vested upon deposit as esplanade reserve from private subdivision, so are held subject to the Reserves Act.

30. As discussed with the local board during the workshop on 14 February 2023, staff will further investigate the land status of all the parcels comprising the walkway. This investigation will inform options for a consistent statutory administration or retaining the parcels as they are. As such, staff have withheld those three parcels in this report so that they can be considered alongside the balance parcels of the Milford to Takapuna Walkway.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The proposed land declarations as recreation reserve outlined in this report do not include any change in the current uses of or activities on Milford Reserve nor do they introduce any new source of greenhouse gas emission.

32. The proposed declaration of land to be reserve is a formalisation of statutory requirements under the Reserves Act, which is also an administrative process and therefore will not have an impact on climate change. Any effect and address of climate change would best be planned for in a reserve management plan and by managing activities on the new reserve in accordance with the provisions of the Reserves Act.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33. This report has been requested by Service Investment and Programming as part of the preparation of the Devonport-Takapuna Local Parks Management Plan. Staff have kept Service Investment and Programming updated and involved throughout the investigation of land suitable to be declared as reserve.

34. Service Investment and Programming support the recommendations made in this report as declaring the remaining parcels in Milford Reserve as subject to Reserves Act will enable the Devonport-Takapuna Local Parks Management Plan to progress towards consultation and ultimately, adoption.

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

Local impacts and local board views

35. The Devonport-Takapuna Local Board holds the delegated authority under Section 14 of the Reserves Act to resolve to declare suitable land as reserve.

36. The views and preferences of the local board in relation to the proposal were initially sought at a workshop held on 5 July 2022 and more recently at a workshop held on 14 February 2023. The local board sought that it be provided with a list of all the parcels intended to be either declared as reserve or classified by resolution, including a depiction of each parcel shown as an aerial view. This list was provided to the local board on 15 March 2023.

37. Under section 14(4) of the Reserves Act, notice of a resolution declaring land as reserve is required to be published in the New Zealand Gazette. The Minister of Conservation has delegated this power to the council, as prescribed in the ‘Reserves Act 1977 – Instrument of Delegation for Territorial Authorities’ dated 12 June 2013.

Tauākī whakaaweawe Māori

Māori impact statement

38. There is no express requirement to consult mana whenua under the Reserves Act. However, section 4 of the Conservation Act 1987 states that the act should be interpreted and administered so as to give effect to the principles of the Treaty of Waitangi.

39. The proposal to declare the balance of Milford Reserve as subject to the Reserves Act was presented to the mana whenua groups identified as having an interest in the subject reserves at the Mana Whenua Forum – North on 12 and 31 May 2022. The feedback from the representatives at the forums was supportive of the declaration.

Ngā ritenga ā-pūtea

Financial implications

40. The proposed declaration of land as reserve is an administrative exercise and will not result in any costs to the local board. All costs relating to publication of a resolution declaring the land as reserve in the New Zealand Gazette will be met by the council’s Parks and Community Facilities department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41. The proposed declaration will ensure that all the land comprising Milford Reserve is administered subject to the Reserves Act.

42. If the local board does not declare the balance of Milford Reserve as reserve, then the proposed Devonport-Takapuna Local Parks Management Plan will not have any authority or application over the parcels which are owned subject to the Local Government Act. This may also cause an ad-hoc approach in the management of activities on Milford Reserve and require unnecessary duplication of statutory tasks, such as reporting under both the Local Government Act and Reserves Act.

Ngā koringa ā-muri

Next steps

43. If approved, staff will ensure the resolution is published in the New Zealand Gazette which will complete the statutory declaration process. The local board is not required to take any further action concerning the declaration of land as reserve.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Declare balance of Milford Reserve as reserve	269

Ngā kaihaina

Signatories

Author

Bianka Lee - Specialist Technical Statutory Advisor

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Activity options for Whanaungatanga e Ako Māori Relationships and Reciprocal Learning work programme line

File No.: CP2023/03955

Te take mō te pūrongo

Purpose of the report

1. To seek approval for delivery of activities against the ‘Whanaungatanga e Ako – Māori Relationships and Reciprocal Learning’ local board work programme line.

Whakarāpopototanga matua

Executive summary

2. On 21 June 2022, the Devonport-Takapuna Local Board adopted the 2022/2023 Customer and Community Services work programme (resolution number DT/2022/96) which included $10,000 Locally Driven Initiatives (LDI) Opex for the work programme line’ Whanaungatanga e Ako - Māori Relationships and Reciprocal Learning’.

3. It was resolved that the local board were required to approve each opportunity, action, or project in support of this project.

4. The approved work programme identified the purpose of the funding was to facilitate relationship building between local board elected members, mana whenua representatives and relevant community organisations.

5. Staff propose that the approved budget for this project be divided between delivery of two activities:

· $7,000 for Matariki events to be delivered by Devonport Peninsula Trust (DPT) and Takapuna North Community Trust (TNCT) during May, June and July of 2023

· $3,000 for mana whenua engagement for the Takapuna Beach Development Plan - develop concept design (Te Uru Tapu/Sacred Grove Plan).

6. The two activities achieve the work programme, meet outcome two (parks, facilities and open spaces); outcome five (community participation and wellbeing) and outcome six (Māori values Ngā tikanga a te Māori) of the Devonport-Takapuna Local Board Plan 2020 and Kia Ora Tāmaki Makarau - Auckland Council’s Māori outcomes performance measurement framework.

7. Following approval from the local board, progress updates of the projects will be provided through the Customer and Community Services quarterly reporting.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) whakaae / approve the following activities for delivery of the work programme line ‘Whanaungatanga e Ako – Māori Relationships and Reciprocal Learning’:

i) a series of community led Matariki activities delivered in May, June and July of 2023

ii) mana whenua engagement for the Takapuna Beach Development Plan - develop concept design (Te Uru Tapu/Sacred Grove Plan).

Horopaki

Context

8. On 21 June 2022, the Devonport-Takapuna Local Board adopted the 2022/2023 Customer and Community services work programme (resolution number DT/2022/96). The work programme contained the line ‘Whanaungatanga e Ako- Māori Relationships and Reciprocal Learning’ to be delivered by the Connected Communities department. The local board allocated $10,000 of Locally Driven Initiatives (LDI) Opex funding for the project.

9. The purpose of the funding was to:

· facilitate relationship building opportunities between local board elected members and identified mana whenua representatives, and

· facilitate relationship building between local board elected members and relevant community organisations.

10. In addition to approving the work programme, the local board requested that each opportunity, action, or project in support of this activity to be approved by the local board at a business meeting.

Tātaritanga me ngā tohutohu

Analysis and advice

11. The 2021/2022 local board work programme line ‘Māori Responsiveness’ was delivered by the community organisation Restoring Takarunga Hauraki (RTH) under the umbrella organisation Devonport Peninsula Trust (DPT).

12. They were funded $15,000 LDI Opex to deliver a six-week schedule of activities across the local board area to celebrate Matariki and Mātauranga Māori in partnership with mana whenua and mātāwaka.

13. This programme of activities brought together over 20 businesses, arts partners, and community organisations, including Takapuna North Community Trust (TNCT) from across the local board area, and highlighted Te Ao Māori and building connections between Māori and Pākehā communities.

14. Two activities have been identified for the local board to consider that align to the agreed outcomes for this work programme.

Activity 1- Whanaungatanga e Ako - Māori Relationships and Reciprocal Learning’- Matariki events

15. Staff are proposing to build on the success of the 2021/2022 Matariki activities by funding DPT and TNCT to deliver a series of activities across May, June and July of 2023 to celebrate Matariki Festival.

16. The activities will consist of lantern making workshops at Devonport Community House and Devonport Library, hikoi (walk) up local maunga, picnics with Mātauranga Māori speakers, a sunrise event, environmental talks with te taiao experts, and other community activations.

17. The proposal is to allocate $7,000 of the budget towards the delivery of the activities, with the expectation that DPT and TNCT seek other funding to supplement the event delivery.

18. The activities will be scaled back to fit within the available budget if other funding applications are not successful.

19. TNCT received an annual grant of $30,000 LDI Opex from the Devonport-Takapuna Local Board to deliver community events throughout the financial year. They have indicated the full budget has been committed to community events and cannot contribute directly towards the delivery of Matariki activities.

20. Table 1 below summarises the 2022/2023 local board financial investment in community events and the proposed investment in Matariki activities.

Table 1: Financial summary of local board funding for 2022/2023

Approved local board funding for community events

(LDI Opex)

Proposed LDI ‘Whanaungatanga e Ako – Māori Relationships and Reciprocal Learning’ work programme – Matariki Events

Other funding/contribution for Matariki activities

(LDI Opex)

Devonport Peninsula Trust

$18,150

$7,000

$3,000 (included within the approved $18,150)

Takapuna North Community Trust

$30,000

21. These activities will facilitate opportunities for elected members and the community to build stronger understanding of Te Ao Māori and facilitate relationship building opportunities between elected members, mana whenua and mātāwaka.

22. The activity aligns with the following outcomes in the Devonport-Takapuna Local Board Plan 2020:

· Outcome two: Parks, facilities and open spaces by having several of the events at local parks, beaches and maunga.

· Outcome five: Community participation and wellbeing through providing free events at a variety of local board spaces for the community to engage in.

· Outcome six: Māori values (ngā tikanga a te Māori) through the celebration of Māori history, values and stories.

23. The activity aligns with Kia Ora Tāmaki Makarau - Auckland Council’s Māori outcomes performance measurement framework and meets the outcome:

· ‘Kia ora te Ahurea – Māori Identity and Culture’ where we promote Māori culture and identity within the environment, and values mātauranga Māori.

24. Local whanau will benefit greatly from attending free events based around Matariki. More than one thousand people attended the hikoi up Takarunga last year. Although the scale of the hikoi will be reduced this year by requiring online registrations for attendees before the event to protect the maunga, the depth and breadth of events on offer will provide opportunity for everyone to experience Matariki.

Activity 2 - Whanaungatanga e Ako - Māori Relationships and Reciprocal Learning’- Mana whenua engagement

25. Te Uru Tapu / Sacred Grove of Pohutukawa is a group of 19 Pohutukawa trees that are between 300 and 400 years old, located in Takapuna Beach Reserve. The trees are wāhi tapu (sacred) to mana whenua and an important part of New Zealand’s natural heritage.

26. On 16 November 2021, the local board received feedback on the options for concept design of the boardwalk. The local board resolved (resolution number DT/2021/181) to investigate further options for less extreme pruning and intervention of tree management before supporting the final design concept of the boardwalk.

27. The project has been on hold since November 2021, pending local board engagement with mana whenua to determine agreement on a solution.

28. Elected members met with mana whenua, Parks and Community Facilities staff, Council arborists and policy planners supporting the Māori heritage team on 22 March 2023 to begin building stronger relationships and progress the work.

29. Seven iwi were invited to that meeting. Those iwi were Te Kawerau ā Maki, Ngāi Tai Ki Tāmaki, Te Ākitai Waiohua, Ngāti Whātua, Ngāti Te Ata Waiohua, Ngāti Pāoa, and Ngāti Whanaunga. Four Iwi attended that meeting, those iwi were Ngāti Whātua, Ngāi Tai Ki Tāmaki, Te Ākitai Waiohua, and Ngāti Pāoa.

30. To adequately acknowledge mana whenua for their contribution and to continue building the rapport between local board, we propose compensating participants for their travel costs and time. A budget of up to $3,000 is being proposed to fund this activity.

31. Providing appropriate budget for consultation with mana whenua indicates a genuine intent from the local board towards building more constructive and positive relationships with mana whenua for the future.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32. Te Taruke-a-Tawhiri is Tāmaki Makaurau’s climate action plan. It sets out goals to reduce greenhouse gas emissions to reach net zero emissions by 2050 and prepare the region for the adverse impacts of climate change.

33. Local and sustainable food will be prioritized for the activities, using biodegradable utensils, recyclable packaging and being quantity-cautious to eliminate food waste and disposal to landfills.

34. Mindful disposal of lantern making materials will be carried out to ensure minimal waste is produced.

35. Meeting with mana whenua has no direct climate impact. Considerations for the climate impact of the Te Uru Tapu/Sacred Grove Plan will be considered as part of that project delivery.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. Event organisers will work with the Tūpuna Maunga o Tāmaki Makaurau Authority to ensure the maunga is respected and any activity preserves its integrity.

37. Some activities will be delivered in council parks and will require an events permit application. This will be managed by council’s events team.

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

Local impacts and local board views

38. Council funding towards Matariki events during 2022/2023 will be limited due to current financial constraints at the regional and local board level. This is an opportunity to offer the local community a bespoke event in Tāmaki this year.

39. The proposed activities will achieve the local board approved benefits outline in the work programme:

· Mana whenua and mātāwaka feel strong foundations are built for enduring and positive relationships with the local board

· Te Ao Māori is considered and forms part of the local board decision-making process.

40. Progressing work on the Te Uru Tapu/Sacred Grove Plan to find a positive solution will enable stronger relationships between the local board and mana whenua.

Tauākī whakaaweawe Māori

Māori impact statement

41. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

42. The activities align with outcome six (Māori values Ngā tikanga a te Māori) of the Devonport-Takapuna Local Board Plan 2020 through the celebration of Māori history, values and stories told and celebrated.

43. The activities align with Kia Ora Tāmaki Makarau - Auckland Council’s Māori outcomes performance measurement framework and meets the outcomes under:

· Kia ora te Aturea – Māori Identity and Culture where we promote Māori culture and identity within the environment, and values mātauranga Māori

· Kia ora te Taiao- Kaitiakitanga where mana whenua exercise kaitiakitanga of te taiao in Tāmaki Makarau.

44. All events will include tikanga practices, particularly a karakia before the meeting to remove tapu (spiritual restriction), at the end of the meeting as a farewell, and blessing the food.

Ngā ritenga ā-pūtea

Financial implications

45. As part of the 2022/2023 local board annual work programme, the Devonport-Takapuna Local Board approved $10,000 LDI Opex (resolution number DT/2022/96) to the work programme line ‘Whanaungatanga e Ako – Māori Relationships and Reciprocal Learning’.

46. There are no financial implications with approving the two activities in this report.

47. Approval of the activities will prevent the loss of funding in this line as no carryover allocation is possible this financial year.

48. DPT has indicated in addition to allocating $3000 towards Matariki activities, they will seek funding from Devonport Business Association, Pub Charity, and the Navy Museum.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. There is a risk if the local board do not approve the recommended activities, there will not be sufficient time to scope and deliver new activities in 2022/2023.

50. The high number of people at last year’s Hikoi up the Takarunga (Mt Victoria) maunga was highlighted as a risk for this year’s activity. To mitigate this risk, event organisers will work directly with Tūpuna Maunga o Tāmaki Makaurau Authority to spread the number of participants over several hikoi and different park activations.

51. There is a risk that after two successful years of local board funded Matariki events, the community will expect local board funding towards Matariki 2024, that might not be achievable in the current financial climate. This reputational risk can be managed by working with community delivery partners to identify alternative sources of funding if required.

Ngā koringa ā-muri

Next steps

52. If the local board approve the activities, funding will be administered to the appropriate organisations for activity delivery.

53. Updates will be provided via the Customer and Community Services quarterly reporting upon project delivery.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Deb Doyle - Community Broker, Devonport/Takapuna Local Board

Authorisers

Mirla Edmundson - General Manager Connected Communities

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Lease variation at 22a The Promenade, Takapuna Beach Cafe

File No.: CP2023/02524

Te take mō te pūrongo

Purpose of the report

1. To approve a variation to the commercial lease at 22a The Promenade, Takapuna.

Whakarāpopototanga matua

Executive summary

2. The land at 22a The Promenade, Takapuna was originally held as a park under the Local Government Act 2002 and was classified as a recreation reserve in September 2014 and is subject to the provisions under the Reserves Act 1977. The current lease does not reflect the change to recreation reserve status.

3. Eke Panuku on behalf of Auckland Council manages the commercial ground lease with Takapuna Beach Kiosk Limited. The lease commenced on 29 April 2008 for a term of ten years with one right of renewal of ten years, with a final expiry date 28 April 2028.

4. The tenant approached Eke Panuku requesting a variation of the lease to enable them to apply for a Class 3 On-Licence under the Sale and Supply of Alcohol Act 2012.

5. Applications for alcohol licence under the Sale and Supply of Alcohol Act 2012 require the applicant to give public notice of the application. Any community concerns will be addressed as part of this process.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve a variation of the lease dated 29 May 2008 to include the following clauses:

i. The Permitted Use is varied to include the sale of alcohol, conditional upon:

a. The Tenant obtaining and continuing to hold a Class 3 on-licence in accordance with the Sale and Supply of Alcohol Act 2012, and

b. The Tenant at all times complying with the terms and conditions of that on-licence, and

c. Such use for the sale of alcohol shall be confined to the Premises as defined in the Lease.

ii. Recording that the land of which the Premises form part is now classified as a recreation reserve.

Horopaki

Context

6. The land at 22a The Promenade became a recreation reserve in September 2014 after the lease was entered into, being subject to the provisions under the Reserves Act 1977.

7. Eke Panuku on behalf of the council manages the commercial ground lease with Takapuna Beach Kiosk Limited in conjunction with a seating license that commenced on 29 April 2008. The lease was granted in 2008 for ten years with one right of renewal with final expiry date April 2028.

8. The seating licence was entered into at the same time as the lease in 2008 and its original intention was that the tenant would develop that area for additional seating, however this has never happened.

9. For clarity the Lease area is outlined in red below, and the licence area is outlined in blue.

10. The building is owned by the tenant and subleased to Takapuna Beach Café 2019 Limited for the purpose of operating a café.

11. The tenant is seeking to apply for a liquor licence and is requesting a variation of lease to the permitted use to include for the sale of alcohol to enable their application to proceed.

12. The current lease describes the permitted use as “A dairy and café for the sale of refreshments, light meals, non-alcoholic drinks, beachware and sporting and fishing accessories.”

13. The tenant is seeking to apply for a ‘Class 3 On-License’ under the Sale and Supply of Alcohol Act 2012 which under Section 101 requires the applicant to give public notice of the application. Any community concerns will be addressed as part of this process.

14. A Class 3 On-License means that the applicant may only serve alcohol to tables and does not have a separate bar area. They must also have non-alcoholic drinks and a range of food available for sale and must display information about transportation to its customers.

15. In April 2021 the tenant applied for a variation to the original Resource Consent to remove the condition that prohibited the sale of alcohol. This was granted in May 2021 (LL-2122938).

16. There is no requirement to amend the Reserves Management Plan if the lease was varied to include the sale of alcohol.

17. The tenant’s opening hours are 6.30am to 7pm during daylight saving and 6.30am to 6pm all other times. The alcohol ban times on the reserve are between 9pm to 7am during daylight saving, and 7pm to 7am all other times.

Tātaritanga me ngā tohutohu

Analysis and advice

18. The Reserve Management Plan (RMP) describes the current lease’s purpose ‘for a dairy and a café for the sale of refreshments, light meals, non-alcoholic drinks, beachware and sporting and fishing accessories.’

19. Eke Panuku sought legal advice on whether there is a requirement to vary the Reserve Management Plan 2013 (RMP) if the lease was varied to include the sale of alcohol. The legal advice confirmed that the current RMP does not require amending if the lease is varied to include the sale of alcohol.

20. The Reserves Act 1977 does not prevent the sale of alcohol on a reserve and it is not uncommon for council as landlord to provide permission to tenants on reserves to apply for alcohol licences.

21. Based on the legal advice, if the local board were to approve the lease variation there is no need to amend the RMP.

22. The café is a very successful well-known café situated on the beachfront of Takapuna employing over 54 staff with a loyal customer base both locally and visitors to the area. They have a large presence throughout the local community and give back by offering 50% discount on coffees to healthcare and emergency services workers and are a large sponsor of local schools and clubs.

23. There has been a gradual movement away from large ‘drinking only’ venues to more refined café and restaurant venues where alcohol is provided complementary to food like most cafes throughout Auckland with customers frequently asking for a glass of wine or beer to be served with meals. The café is open during daylight hours only with the current customer base typically mature audiences.

24. The proposed commercial lease variation will include the addition of:

· ‘The Permitted Use is varied to include the sale of alcohol, conditional upon:

o The Tenant obtaining and continuing to hold a Class 3 on-licence in accordance with the Sale and Supply of Alcohol Act 2012, and

o The Tenant at all times complying with the terms and conditions of that on-licence, and

o Such use for the sale of alcohol shall be confined to the Premises as defined in the lease.

· Recording that the land of which the Premises form part is now classified as a recreation reserve.

25. If approved by the local board, the variation of the lease does not mean that the tenant will be able to sell alcohol. It will however enable them to apply for a Class 3 on-licence through the appropriate regulatory channels which includes public notification under section 101 of the Sale and Supply of Alcohol Act 2012. Any community concerns will be addressed as part of this process.

26. The lease variation will ensure that such use for the sale of alcohol shall be confined to the Premises as defined in the lease.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27. The decision to approve a variation of lease has no impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28. Eke Panuku sought advice from the public law team within council who confirmed that there is no requirement to amend the Reserve Management Plan (RMP) if the lease was varied to include the sale of alcohol.

29. The proposed variation of lease has no identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

30. In February 2023, Eke Panuku attended a workshop with the local board to discuss the tenant’s request to vary the lease to allow them to apply for Class 3 on-licence.

31. In March 2023, Eke Panuku provided a further update memo in response to local board members queries from the workshop.

32. The Reserve Management Plan (RMP) describes the current lease’s purpose ‘for a dairy and a café for the sale of refreshments, light meals, non-alcoholic drinks, beachware and sporting and fishing accessories.’ There is no requirement to amend the RMP if the lease was varied to include the sale of alcohol.

33. The Resource Consent was varied in May 2021 to remove the condition that prohibits the sale of alcohol.

34. The application for a liquor licence is in accordance with the Sale and Supply of Alcohol Act 2012 which Section 101 requires the applicant to give public notice of the application within 20 days after filing the application. Any community concerns will be acknowledged as part of this process.

Tauākī whakaaweawe Māori

Māori impact statement

35. Mana whenua will be informed and will be able to provide views through the alcohol licencing notification process.

Ngā ritenga ā-pūtea

Financial implications

36. This decision has no immediate impact on the revenue however we do note that there is a market rent review due on 29 April 2023.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37. There is no known risk associated with the decision sought in this report. Risks associated with sale and supply of alcohol are mitigated through the police and regulatory authorities.

Ngā koringa ā-muri

Next steps

38. Eke Panuku will inform the tenant of the local board’s decision on the outcome of the application for a lease variation.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Carlos Rahman – Principal Governance and Engagement Advisor

Lisa Partis - Precinct Property Manager

Authoriser

Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Council-controlled organisation forward work programme and engagement approach for Quarter Four (April-June 2023).

File No.: CP2023/03512

Te take mō te pūrongo

Purpose of the report

1. To provide the Devonport-Takapuna Local Board with the council-controlled organisation forward work programme and engagement approach in its area for Quarter Four (April-June 2023).

Whakarāpopototanga matua

Executive summary

2. The 2022/2023 CCO Local Board Joint Engagement Plans were adopted in June 2022. These plans record council-controlled organisations (CCOs) responsibilities and local board commitments with Auckland Transport, Tātaki Auckland Unlimited, Eke Panuku Development Auckland and Watercare.

3. Local boards and CCOs are expected to review the joint engagement plans (CCO responsibilities and local board commitments) in June 2023.

4. CCOs provide local boards with the CCO work programme in their area. Each work programme item lists the engagement approach with the local board, activity status, updates and milestones anticipated for the next quarter.

5. Providing local boards with the CCO work programme addresses the 2020 Council-Controlled Organisation Review’s recommendation to better coordinate CCO actions locally.

6. As per the 2022/2023 Council-Controlled Organisation Local Board Joint Engagement Plans:

· CCOs, when creating their work programme, consider the priorities identified in the local board plan and any relevant strategies or policies specific to the local board area

· Local boards advise CCOs of issues or projects of significance, communicate the interests and preferences of their communities and allow for flexibility in terms of engagement, recognising differing levels of interest.

7. CCOs and local boards workshop the CCO work programme and engagement approach regularly to identify and maximise opportunities for good community outcomes within the local board area.

8. This report provides a formal update of the CCO forward work programme, engagement approach and anticipated milestones for Quarter Four (April-June 2023). This report also includes the status on CCO work programme items since the last report in September 2022.

9. The Devonport-Takapuna Local Board will receive the next CCO work programme and engagement approach report in June 2023 which will include an update on projects from Quarter Four (March-June 2023) and expected milestones for work in Quarter One (July-September 2023).

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Whiwhi/receive the council-controlled organisations forward work programme and engagement approach for Quarter Four (April-June 2023).

Horopaki

Context

What are CCO Local Board Joint Engagement Plans?

10. The 2020 Review of Auckland Council’s council-controlled organisations recommended that CCOs and local boards adopt an engagement plan to:

· help cement CCO and local board relations

· agree on a common understanding of accountability between CCOs and local boards

· coordinate CCO actions better at the local level.

11. These plans record the commitment between Auckland Transport, Tātaki Auckland Unlimited, Eke Panuku Development Auckland, Watercare and the local boards to work together.

12. Each local board adopted their 2022/2023 CCO Local Board Joint Engagement Plans in June 2022. These plans include CCO responsibilities and local board commitments.

13. This report does not update the CCO responsibilities and local board commitments. Local boards are expected to revise these in their next engagement plans in June 2023.

What are the CCO work programme items?

14. CCOs provide local boards with a work programme that lists the different CCO projects happening in the local board area.

15. The work programme is not a full list of projects in the Devonport-Takapuna Local Board area. It includes work programme items for engagement purposes. Providing local boards with the CCO work programme addresses the 2020 CCO Review’s recommendation to coordinate CCO actions better at the local level.

16. As per the joint engagement plans:

· CCOs, when creating their work programme, consider the priorities identified in the local board plan and any relevant strategies or policies specific to the local board area

· Local boards advise CCOs of issues or projects of significance, to communicate the interests and preferences of their communities and to allow for flexibility in terms of engagement, recognising differing levels of interest.

17. Each work programme item records an engagement approach with the local board, activity status, updates and milestones anticipated for the next quarter.

18. The CCO work programme is intended to be reported through a local board business meeting quarterly for clarity and transparency. These updates may include the following types of changes:

· new work programme items and proposed engagement level

· changes to the engagement approach with the local board

· updates to status or anticipated milestones during the next quarter.

19. The work programme and engagement approach are workshopped regularly between CCOs and local boards to identify and maximise opportunities for good community outcomes within the local board area.

20. The engagement approach is based on the International Association for Public Participation (IAP2) standards which are provided in Table 1 below.

Table 1: International Association for Public Participation (IAP2) Engagement Approach Levels

CCO engagement approach	Commitment to local boards
Inform	CCOs will keep local boards informed.
Consult	CCOs will keep local boards informed, listen to and acknowledge concerns and aspirations, and provide feedback on how local board input influenced the decision. CCOs will seek local board feedback on drafts and proposals.
Collaborate	CCOs will work together with local boards to formulate solutions and incorporate their advice and recommendations into the decisions to the maximum extent possible.

21. Local boards received the last update to the CCO work programme and engagement approach in September 2022. CCOs have been updating local boards on their work programmes through induction workshops since November 2022.

Tātaritanga me ngā tohutohu

Analysis and advice

22. The following sections list changes since September 2022 to the CCO work programme for any:

· completed work programme items

· new work programme items

· changes to engagement levels.

23. More detailed updates to the CCO work programme are provided in Attachments A-D.

Auckland Transport

Completed work programme items since September 2022

24. Auckland Transport has completed the following work programme items:

· Wayfinding in the northern part of the local board area Local Board Transport Capital Fund (LBTCF)

· Regional Programmes - Activities in the road corridor bylaw

25. Auckland Transport’s work programme items are provided in Attachment A.

Tātaki Auckland Unlimited

Completed work programme items since September 2022

26. Tātaki Auckland Unlimited has completed the following work programme items:

· Takapuna Winter Lights.

27. Tātaki Auckland Unlimited’s work programme items are provided in Attachment B.

Eke Panuku Development Auckland

New work programme items since September 2022

28. Eke Panuku Development Auckland has added new projects to the work programme including:

· Cost reduction to mitigate budget challenges.

29. Eke Panuku Development Auckland’s work programme items are provided in Attachment C.

Watercare

Completed work programme items since September 2022

30. Watercare has completed the following work programme items:

· Castor Bay wastewater pipeline replacement and PS refurbishment.

31. Watercare’s work programme items are provided in Attachment D.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32. This report does not have a direct impact on climate, however the projects it refers to will.

33. Each CCO must work within Te Tāruke-ā-Tāwhiri: Auckland's Climate Action Framework. Information on climate impacts will be provided to local boards on a project or programme basis.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34. Auckland Transport, Tātaki Auckland Unlimited, Eke Panuku Development Auckland and Watercare have been conducting induction sessions with local boards since late 2022 to overview their CCO’s purpose and work programme.

35. Local boards advise CCOs of issues or projects of significance, communicate the interests and preferences of their communities and allow for flexibility in terms of engagement, recognising differing levels of interest.

36. The joint engagement plans and work programme items are shared with the integration teams that implement local board work programmes and give council staff greater ongoing visibility of CCO work programmes.

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

Local impacts and local board views

37. This report on the CCO work programme items ensures the communication of clear, up-to-date information from CCOs to local boards on projects in their area.

38. As per the joint engagement plan, CCOs, when creating their work programme, consider the priorities identified in the local board plan and any relevant strategies or policies specific to the local board area.

Tauākī whakaaweawe Māori

Māori impact statement

39. This report does not have a direct impact on Māori, however the projects it refers to will.

40. Local boards and CCOs provide opportunities for Māori to contribute to their decision-making processes. These opportunities will be worked on a project or programme basis.

Ngā ritenga ā-pūtea

Financial implications

41. This report does not have financial impacts on local boards.

42. Any financial implications or opportunities will be provided to local boards on a project or programme basis.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43. Due to local elections, local board induction, and summer closedown, some local boards may not have workshopped with CCOs on the work programme and engagement approach.

44. Not having a workshop risks the local board’s ability to fulfil their commitment to advise CCOs of issues or projects of significance and to communicate the interests and preferences of their communities.

45. This report addresses this risk by providing the current CCO work programme and engagement approach to provide clarity and transparency.

46. If local boards prefer a more formal commitment for workshops with their CCOs, this arrangement can be addressed through revision of the next CCO Local Board Joint Engagement Plans (CCO responsibilities and local board commitments) in June 2023.

Ngā koringa ā-muri

Next steps

47. The local board will receive the next CCO forward work programme report in June 2023 which will include an update on projects from Quarter Four (March-June 2023) and expected milestones for work in Quarter One (July-September 2023).

48. CCOs and local boards will have an opportunity to workshop the CCO forward work programme through April and May before the next report in June 2023.

49. CCOs and local boards are expected to revise their next joint engagement plans (CCO responsibilities and local board commitments) in June 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Auckland Transport forward work programme Q4 2023	291
b ⇩	Tataki Auckland Unlimited forward work programme Q4 2023	293
c ⇩	Eke Panuku Development Auckland forward work programme Q4 2023	295
d ⇩	Watercare forward work programme Q4 2023	297

Ngā kaihaina

Signatories

Author	Maureen Buchanan - Senior Local Board Advisor
Authorisers	Trina Thompson - Local Area Manager

Devonport-Takapuna Local Board

18 April 2023

Variation to the 2022-2025 Devonport-Takapuna Local Board meeting schedule

File No.: CP2023/03795

Te take mō te pūrongo

Purpose of the report

1. To seek approval to change three dates from the 2022-2025 Devonport-Takapuna Local Board meeting schedule in order to accommodate the Annual Budget 2023/2024 and Local Board Plan 2023 timeframes.

Whakarāpopototanga matua

Executive summary

2. The Devonport-Takapuna Local Board adopted the 2022-2025 meeting schedule on Tuesday 15 November 2022.

3. At that time the specific times and dates for meetings for local board decision making in relation to the local board agreement as part of the Annual Budget 2023/2024 and Local Board Plan 2023 were unknown.

4. The local board is being asked to approve the variation of three meeting dates to the Devonport-Takapuna Local Board meeting schedule so that the modified Annual Budget 2023/2024 and Local Board Plan 2023 timeframes can be met.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) whakaae/approve the variation and addition of three meeting dates to the 2022-2025 Devonport-Takapuna Local Board meeting schedule to accommodate the Annual Budget 2023/2024 and Local Board Plan 2023 timeframes as follows:

i) agree to move the Tuesday 16 May 2023 Business Meeting to Tuesday 9 May 2023 commencing at 10.00am.

ii) agree to move the Tuesday 19 September 2023 Business Meeting to Tuesday 12 September 2023 commencing at 10.00am.

iii) agree to an additional Business Meeting on Tuesday 31 October 2023, commencing at 10.00am, Devonport Takapuna Local Board meeting room, 1 The Strand, Takapuna.

Horopaki

Context

5. The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.

6. In summary, adopting a meeting schedule helps meet the requirements of:

· clause 19, Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Such notification may be provided by the adoption of a schedule of business meetings.

· sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.

7. The Devonport-Takapuna Local Board adopted the 2022-2025 meeting schedule on Tuesday 15 November 2022.

8. The timeframes for local board decision-making in relation to the local board agreement which is part of the Annual Budget 2023/2024 and Local Board Plan 2023 were unavailable when the meeting schedule was originally adopted.

9. The board is being asked to make decisions in early-May, mid-June, early September and late October/early November 2023 to feed into the Annual Budget 2023/2024 and Local Board Plan 2023 processes. These timeframes are outside the board’s normal meeting cycle.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The local board has two choices:

i) Make variations to the current meeting schedule.

ii) Add additional meetings as extraordinary meetings.

11. For option one, statutory requirements allow enough time for these meetings to be scheduled as additions to the meeting schedule and other topics may be considered as per any other ordinary meeting. However, there is a risk that if the Annual Budget 2023/2024 timeframes change again or the information is not ready for the meeting, there would need to be an additional extraordinary meeting scheduled.

12. For option two, only the specific topic Annual Budget 2023/2024 may be considered for which the meeting is being held. There is a risk that no other policies or plans with similar timeframes or running in relation to the Annual Budget 2023/2024 process could be considered at this meeting.

13. Since there is enough time to meet statutory requirements, staff recommend option one, approving this meeting as an addition to the meeting schedule, as it allows more flexibility for the local board to consider a range of issues. This requires a decision of the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. This decision is procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decision’s implementation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. There is no specific impact for the council group from this report.

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

Local impacts and local board views

16. This report requests the local board’s decision to reschedule meetings and consider whether to approve them as extraordinary meetings or additions to the meeting schedule.

Tauākī whakaaweawe Māori

Māori impact statement

17. There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.

Ngā ritenga ā-pūtea

Financial implications

18. There are no financial implications in relation to this report apart from the standard costs associated with servicing a business meeting.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19. If the local board decides not to add this business meeting to their schedule this would result in the input of this local board not being able to be presented to the Governing Body for their consideration and inclusion in the Budget, the local board agreement not being adopted in time for inclusion in the Annual Budget and delays in adoption of the Local Board Plan.

Ngā koringa ā-muri

Next steps

20. Implement the processes associated with preparing for business meetings.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories