Agenda of Ōtara-Papatoetoe Local Board

1 Nau mai | Welcome

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Ōtara-Papatoetoe Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 18 April 2023 and the extraordinary minutes of its meeting, held on Tuesday, 9 May 2023, as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Deputation - Direct Animal Action

Te take mō te pūrongo / Purpose of the report

Romina Marinkovich and Stepahie Koks on behalf of the animal advocate group Direct Animal Action will be in attendance to present to the board concerning the greyhound racing events that occur at the Manukau Sports Bowl.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / thank Romina Marinkovich and Stepahie Koks from Direct Animal Action for their attendance and presentation.

Attachments

a Direct Animal Action presentation........................................ 97

9 Te Matapaki Tūmatanui | Public Forum

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

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

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Ōtara-Papatoetoe Local Board

16 May 2023

Local Board views on Notices of Requirement for the Airport to Botany Bus Rapid Transit Project

File No.: CP2023/05126

Te take mō te pūrongo

Purpose of the report

1. To invite the Ōtara-Papatoetoe Local Board’s views on the five Notices of Requirement (NoRs) lodged by Auckland Transport and Waka Kotahi NZ Transport Agency. The NoRs seeks to designate land for the Airport to Botany Bus Rapid Transit Project.

Whakarāpopototanga matua

Executive summary

2. Decision-makers on a Notice of Requirement (NoR) to the Auckland Unitary Plan must consider local boards’ views on the NoR, if the relevant local boards choose to provide their views.

3. Each local board has a responsibility to communicate the interests and preferences of people in its area on Auckland Council policy documents, including on a NoR. A local board can present local views and preferences when expressed by the whole local board^{^[1]}.

4. Under the Te Tupu Ngātahi Supporting Growth Programme, Auckland Transport and Waka Kotahi NZ Transport Agency have served five Notices of Requirement (NoRs) on Auckland Council for the Airport to Botany Bus Rapid Transit Project.

5. The NoRs seek to designate land for the upgrade and widening of existing transport corridors to provide for a dedicated Bus Rapid Transit corridor, high-quality walking and cycling facilities and associated infrastructure. The NoRs comprise four new designations and an alteration to Designation 6717 to upgrade the existing State Highway 20B from the SH20/SH20B Interchange to Manukau Memorial Gardens.

6. The NoRs were publicly notified on 10 March 2023 and submissions closed on 11 April 2023. One hundred and ninety (190) submissions were received across the five NoRs, including from land owners, utility operators, and central government entities. The key themes arising from submissions include concerns about proposed property acquisitions and impact on values, construction disruption including construction noise and vibration effects, concerns about access, impacts on parking, and effects of stormwater and flooding risk.

7. This report is the mechanism for the local board to resolve and provide its views on the NoRs. Staff do not recommend a view the local board should convey.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) provide local board views on the Notices of Requirement for the Airport to Botany Bus Rapid Transit Project, being an alteration to Designation 6717 and four new designations

b) appoint a local board member to speak to the local board views at a hearing on the Notices of Requirement

c) delegate authority to the chairperson of Ōtara-Papatoetoe Local Board to make a replacement appointment in the event the local board member appointed in resolution b) is unable to attend the hearing on the Notices of Requirement.

Horopaki

Context

8. Each local board is responsible for communicating the interests and preferences of people in its area regarding the content of Auckland Council’s strategies, policies, plans, and bylaws. Local boards provide their views on the content of these documents. Decision-makers must consider local boards’ views when deciding the content of these policy documents.^{^[2]}

9. The NoRs are intended to alter Designation 6717 - State Highway 20B (sought by Waka Kotahi NZ Transport Agency) and add four new designations (sought by Auckland Transport) to the Auckland Unitary Plan. Local boards must have the opportunity to provide their views where any process proposes a change to the Auckland Unitary Plan.

10. If the local board chooses to provide its views, the planners include those views in the hearing report. Local board views are included in the analysis of the NoRs, along with all submissions.

11. If appointed by resolution, local board members may present the local board’s views at the hearing to commissioners, who will make a recommendation on the NoRs.

12. Following receipt of the recommendation, the Requiring Authority would be required to advise the council, within 30 working days, whether they accept or reject the recommendation in whole or in part. Once the council has received a decision from the Requiring Authority, submitters will be advised and are then given an opportunity to lodge an appeal with the Environment Court if they are not satisfied with the outcome. Auckland Council will also have the opportunity at this stage to appeal the decision.

13. This report provides an overview of the NoRs and a summary of the key themes in submissions.

14. The report does not recommend what views the local board should convey. Staff cannot advise the local board as to what its views should be, and then evaluate those views.

Tātaritanga me ngā tohutohu

Analysis and advice

15. A summary of the NoRs is provided in Table 1 below.

Table 1: Description of the NoRs for the Airport to Botany Bus Rapid Transit Project

Notice of Requirement	Project Name	Description	Requiring Authority
NoR 1	Bus Rapid Transit - Botany to Rongomai Park	Widening of Te Irirangi Drive between Botany and Rongomai Park to provide for: · a dedicated Bus Rapid Transit corridor, centre-running along Te Irirangi Drive · Bus Rapid Transit stations at Smales Road, Accent Drive, and Ormiston Road – Botany Junction Shopping Centre · walking and cycling facilities on both sides of the corridor · swales and wetlands · areas for construction related activities including yards, site compounds, and bridge and structure works.	Auckland Transport
NoR 2	Rongomai Park to Puhinui Station (in the vicinity of Plunket Avenue)	Widening a number of existing roads to provide for: · a dedicated Bus Rapid Transit corridor, centre-running for the majority of the corridor along Te Irirangi Drive, Great South Road, Ronwood Avenue, Manukau Station Road, Lambie Drive, and Puhinui Road. West-running on Davies Avenue along the edge of Hayman Park · Bus Rapid Transit stations at Dawson Road, Diorella Drive, Ronwood Avenue, Manukau Station, and the corner of Lambie Drive and Puhinui Road Station. · walking and cycling facilities on both sides of the corridor · priority access for fire engine movements across the Bus Rapid Transit corridor at Papatoetoe Fire Station · new signalised intersections at Mitre 10 and Bunnings Warehouse, Lambie Drive and Ronwood Avenue, and Puhinui Road and Plunket Avenue · swales and wetlands · areas for construction related activities including yards, site compounds, and bridge and structure works.	Auckland Transport
NoR 3	Bus Rapid Transit – Puhinui Station (in the vicinity of Plunket Avenue) to SH20/20B Interchange	Widening the existing Puhinui Road between Plunket Avenue and east of the SH20/SH20B Interchange to provide for: · a dedicated Bus Rapid Transit corridor, centre running along Puhinui Road connecting to the Puhinui Station concourse via a new Bus Rapid Transit bridge structure · a Bus Rapid Transit station at Puhinui Station · walking and cycling facilities on both sides of the corridor · walking and cycling facilities will be provided along Cambridge Terrace, Bridge Street and Kenderdine Road · wetland areas for construction related activities including yards, site compounds, and bridge and structure works.	Auckland Transport
NoR 4a	Bus Rapid Transit - SH20/20B Interchange to Orrs Road	Widen Puhinui Road between the SH20/SH20B Interchange and Orrs Road to provide for: · a dedicated Bus Rapid Transit corridor, centre running on Puhinui Road through to the Manukau Memorial Gardens intersection (approximately 600m west of SH20/SH20B Interchange); and south running to Orrs Road · walking and cycling facilities on southern side of the corridor · swales · area for construction related activities including yards, site compounds, and bridge and structure works.	Auckland Transport
NoR 4b	Alteration to Designation 6717 State Highway 20B – State Highway 20 to Auckland International Airport	Upgrade of the existing State Highway 20B from the SH20/SH20B Interchange to Manukau Memorial Gardens to provide for: · westbound lanes to Auckland Airport · walking and cycling facilities · a ramp from SH20B onto SH20 for southbound traffic while enabling the provision of a Bus Rapid Transit corridor.	Waka Kotahi NZ Transport Agency

16. The location of the NoRs is shown below.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. The timing of the works will depend upon funding and Auckland Transport has asked for a 15-year lapse period for the four new designations.

18. The NoRs include technical reports that evaluate:

· traffic

· arboriculture

· landscape

· social impact

· urban design

· flooding

· noise and vibration (construction and operational)

· ecology

· archaeology

· built heritage.

19. The reports and other application details are available from council’s website at:

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-plans-strategies/unitary-plan/auckland-unitary-plan-modifications/notices-of-requirement-to-designate-land/Pages/default.aspx

20. Council planners, and other experts, are evaluating the NoRs, and will report on:

· technical reports supplied by the applicants

· submissions

· views and preferences of the local board, if the local board passes a resolution.

21. Auckland Transport and Waka Kotahi NZ Transport Agency requested that the NoRs be publicly notified. The NoRs were publicly notified on 10 March 2023 and submissions closed on 11 April 2023.

Themes from submissions received

22. Submissions on the NoRs were made by one hundred and ninety organisations and people:

Submissions	Support/support in part or with amendments	Neutral / unclear	Oppose/oppose in part
NoR 1: Bus Rapid Transit - Botany to Rongomai Park	2	17	25
NoR 2: Rongomai Park to Puhinui Station (in the vicinity of Plunket Avenue)	2	44	35
NoR 3: Bus Rapid Transit – Puhinui Station (in the vicinity of Plunket Avenue) to SH20/20B Interchange	1	15	21
NoR 4a: Bus Rapid Transit - SH20/20B Interchange to Orrs Road	0	11	7
NoR 4b: Alteration to Designation 6717 State Highway 20B – State Highway 20 to Auckland International Airport	0	7	3

23. Key submission themes are listed below.

NoR 1: Bus Rapid Transit - Botany to Rongomai Park

· concerns about proposed property acquisitions and impact on values

· construction disruption including construction noise and vibration effects

· increased traffic and road noise

· concerns about access and impacts on parking

· concerns about stormwater and flooding risk

· loss of trees

· concerns about the 15 year lapse date for designations being too long.

NoR 2: Rongomai Park to Puhinui Station (in the vicinity of Plunket Avenue)

· concerns about proposed property acquisitions and impact on values

· concerns about access and impacts on parking

· construction disruption including construction noise and vibration effects

· social impact of displacement of families and communities

· the need to justify the extent of the designation boundaries

· compromised activities i.e. the operation of sites disrupted or considered unviable due to the construction effects or design of the project

· concerns about the 15 year lapse date for the designations being too long

· effects of heavy traffic on safety of road network during construction especially for school students.

NoR 3: Bus Rapid Transit – Puhinui Station (in the vicinity of Plunket Avenue) to SH20/20B Interchange

· concerns about proposed property acquisitions and impact on values

· concerns about access and impacts on parking

· construction disruption including construction noise and vibration effects

· concerns about stormwater and flooding risk

· social impact of displacement of families and communities

· compromised activities i.e. the operation of sites disrupted or considered unviable due to the construction effects or design of the project

· concerns about the 15 year lapse date for the designations being too long

· effects of heavy traffic on safety of road network during construction especially for school students.

NoR 4a: Bus Rapid Transit - SH20/20B Interchange to Orrs Road

· concerns about proposed property acquisitions and impact on values

· concerns about access and impacts on parking

· construction disruption including construction noise and vibration effects

· the need to justify the extent of the designation boundaries

· concerns about stormwater and flooding risk

· visual impact.

NoR 4b: Alteration to Designation 6717 State Highway 20B – State Highway 20 to Auckland International Airport

· concerns about proposed property acquisitions and impact on values

· concerns about access and impacts on parking

· construction disruption including construction noise and vibration effects

· concerns about stormwater and flooding risk

· visual impact.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24. The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan include:

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

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

25. The local board could consider if the NoRs:

· will reduce, increase or have no effect on Auckland’s overall greenhouse gas emissions (e.g. does it encourage car dependency, enhance connections to public transit, walking and cycling or support quality compact urban form)

· prepare the region for the adverse impacts of climate change i.e. does the NoRs elevate or alleviate climate risks (e.g. flooding, coastal and storm inundation, urban heat effect, stress on infrastructure).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. Auckland Transport and Waka Kotahi NZ Transport Agency are the requiring authorities that have lodged the NoRs.

27. The council’s Healthy Waters and Parks Services departments have specialists within the council’s project team, who will contribute to the reporting planners’ hearing report.

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

Local impacts and local board views

28. Most of NoR 1, and all of NoRs 2, 3, 4a and 4b fall within the Ōtara-Papatoetoe Local Board area.

29. Factors the local board may wish to consider in formulating its view include:

· interests and preferences of people in local board area

· well-being of communities within the local board area

· local board documents, such as local board plan, local board agreement

· responsibilities and operation of the local board.

30. Auckland Transport and Waka Kotahi NZ Transport Agency have advised that the Ōtara-Papatoetoe Local Board was provided regular updates on the project.

31. Feedback at that stage was informal. Restrictions on delegations prevent that informal feedback from being the views of the local board.^{^[3]}

32. This report is the mechanism for obtaining formal local board views. The hearings panel and will consider local board views, if provided, when making its recommendation on the NoRs.

Tauākī whakaaweawe Māori

Māori impact statement

33. If the local board chooses to provide its views on the NoRs, it includes the opportunity to comment on matters that may be of interest or importance to Māori, well-being of Māori communities or Te Ao Māori (Māori world view). In the 2018 census, 16% residents in the local board area identified as Māori.

34. Under the Te Tupu Ngātahi Supporting Growth Programme, Auckland Transport and Waka Kotahi NZ Transport Agency have engaged with local iwi through the established Southern Te Tupu Ngātahi monthly hui and project specific hui to help identify key cultural issues associated with the project and address any potential effects this may raise.

35. Te Ākitai Waiohua, Waka Taua Trust have submitted on all the five NoRs seeking that the proposed designation condition 5 for NoRs 1, 2, 3 and 4a be retained to ensure certainty is provided that Te Akitai Waiohua is mana whenua and a partner on this project.

36. Proposed designation condition 5 states that: “The Requiring Authority acknowledges Te Ākitai Waiohua as mana whenua and a principal partner to the Southwest Gateway Programme, to which this project forms a part. The operation of this designation must in all respects reflect these matters, including through meeting the conditions and meaningful engagement at both a governance and kaitiaki level.”

37. No other iwi authority submitted on the NoRs.

Ngā ritenga ā-pūtea

Financial implications

38. There are no financial implications with the local board providing its views.

39. The local board is not exposed to any financial risk from providing its views.

40. The cost associated with processing the NoRs is recoverable from Auckland Transport and Waka Kotahi NZ Transport Agency.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41. The power to provide local board views regarding the content of a NoR cannot be delegated to individual local board member(s).^{^[4]} To avoid the procedural risk of an individual local board member expressing the views of the local board, this report enables the whole local board to decide whether to provide its views and, if so, to determine what matters those views should include.

Ngā koringa ā-muri

Next steps

42. The planner will include, and report on, any resolution of the local board in the hearing report. The local board member appointed to speak to the local board’s views will be informed of the hearing date and invited to the hearing for that purpose.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

David Wong - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Manoj Ragupathy - Local Area Manager

No.	Title	Page
a ⇩	Approval for a new road name at 103 Kolmar Road, Papatoetoe report and attachments	29

Ōtara-Papatoetoe Local Board

16 May 2023

Endorsing Business Improvement District (BID) targeted rate grants for 2023/2024

File No.: CP2023/04725

Te take mō te pūrongo

Purpose of the report

1. This report confirms accountability for public funds received by the Business Improvement Districts (BID’s) within the local board area for the 2021/2022 financial year and compliance with the Auckland Council BID Policy (Kaupapa Here ā-Rohe Whakapiki Pakihi) as of 10 March 2023.

2. This report considers whether the local board should recommend to the Governing Body the setting of the targeted rates for the Business East Tāmaki, Hunters Corner, Business Manukau, Ōtara, Papatoetoe and Wiri Business Improvement District (BID) programmes for the 2023/2024 financial year.

Whakarāpopototanga matua

Executive summary

BID-operating business associations within the local board

3. Business Improvement Districts (BIDs) are programmes where local business and property owners have agreed to work together to improve their business environment, encourage resilience and attract new businesses and customers.

4. Auckland Council approved changes to the BID policy in August 2022. These changes to the policy introduced new accountability requirements. There is a transition period until 30 June 2023 for business associations that operate a BID programme to achieve full compliance with the policy. Staff are aware some BIDs are still working towards achieving full compliance within this time period, however the annual accountability reporting due 10 March is a set requirement.

5. Ōtara-Papatoetoe Local Board has six BIDs. Table 1 shows the amount of targeted rate each BID is seeking in 2023/2024.

Table 1: Amount of targeted rate for each BID in 2023/2024

Incorporated Society Name	Proposed 2023/2024 Targeted Rate	Actual 2022/2023 Targeted Rate	Change from previous year dollars/ percentage	Last year target rate amount was increased
Business East Tāmaki (previously called Greater East Tamaki (GETBA))	$588,600	$545,000	+ 43,600 $+ 8%	2020
Hunters Corner Business Association	$ 132,919.50	$126,590	+ $6,130 + 5%	2016
Business Manukau	$577,830	$525,300	+ $52,530 +10%	2022
Ōtara Business Association	$99,456	$94,720	+ $4,736 5%	2017
Papatoetoe Central Mainstreet Society	$100,692	$100,692	0%	2015
Wiri Business Association	$755,425	$755,425	0%	2021

6. BID targeted rate grants 2023/2024 - across all Tāmaki Makaurau’s 50 BID-operating business associations, 37 increased their targeted rates between 2% to 50% for 2023/2024, while 13 maintained the fiscal status quo.

7. Council officers, at the time of this report, confirm that:

· East Tāmaki, Manukau, Ōtara, Papatoetoe and Wiri have met the BID Policy annual accountability requirements. Staff are supportive of the local board approving East Tāmaki, Manukau, Ōtara, Papatoetoe and Wiri BIDs to receive their targeted rate grant for 2023/2024

· Hunters Corner have not met the BID Policy annual accountability requirements. Staff advise not meeting this requirement is defined under the BID Policy as an issue, resulting in the need to set in motion the BID Policy section 5 Issue Resolution process

· staff are supportive of the local board approving the Hunters Corner BID targeted rate being struck for 2023/2024 in anticapation the issue resolution process will be completed within the required six month timeframe set in the policy.

Regional overview

8. Across all Tāmaki Makaurau’s 50 BID-operating business associations 98% (49 from 50 BIDs) completed the annual accountability reporting at the time of this report.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) recommend to the Governing Body the setting of the targeted rates for inclusion in the Annual Budget 2023/2024 for the following Business Improvement District (BID) programmes:

i) $588,600 for East Tāmaki, (previously GETBA) Business Improvement District

ii) $132,919.50 for Hunters Corner Business Improvement District

iii) $577,830 for Manukau Business Improvement District

iv) $99,456 for Ōtara Business Improvement District

v) $100,692 Papatoetoe Business Improvement District

vi) $755,425 Wiri Business Improvement District.

Horopaki

Context

Auckland Council Business Improvement District (BID) Policy and BID targeted rate grant agreement.

9. Auckland Council’s Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) was approved by the Finance and Performance Committee and became operational on 1 August 2022. There is a ten-month transition period to allow all BIDS to become fully compliant with the current policy by 30 June 2023.

10. The policy ensures accountability for BID targeted rate funding and encourages good governance and programme management. It outlines the principles behind the council’s BID programme; creates the process for establishing, expanding, amalgamating, and disestablishing a BID programme; determines rating mechanisms; prescribes operating standards and guidelines; and sets accountability requirements.

11. The BID Policy does not prescribe standards for programme effectiveness. That is a matter for business association members to determine. Staff, therefore, cannot base recommendations on these factors, but only on the policy’s express requirements. The BID Team’s focus is on accountability for public funds received (targeted rate grant) and compliance with the BID Policy.

12. The BID Policy is supported by a BID Targeted Rate Grant Agreement, a three-year agreement signed by both Auckland Council and each BID-operating business associations’ executive committee. The agreement sets out the relationship between the parties, how payment will be made and that compliance with the BID Policy is mandatory. The agreement confirms the business associations’ independence from Auckland Council. All 50 BIDs have signed a BID Targeted Rate Grant Agreement for period 1 December 2022 to 30 December 2025.

13. Staff are aware some BIDs are still working towards achieving full compliance with the BID Policy by 30 June 2023. This report focuses on the BIDs accountability reporting due annually on the 10 March. This is a set requirement in the policy and has a direct link to council’s Annual Budget 2023/2024 approval process.

14. Two new documents are now part of the new BID Policy annual accountability process. The following documents from each BID confirms they have submitted their accountability reporting to Auckland Council:

a) Management Summery, signed by the BID manager/coordinator

b) Governance Summary, signed by the Executive Committee Chair.

The Governance Summary includes the full resolution detailing the amount of BID targeted rate grant approved by association members at their 2022 AGM for the 2023/2024 financial year.

The Chair also agrees, by signing this document, to advise council of any perceived or real/current issues that can affect compliance with the BID Policy.

15. Completed and signed Governance Summary’s received from each BID within the local board area are attached.

Attachment A Governance Summary – East Tāmaki BID

Attachment B Governance Summary – Manukau BID

Attachment C Governance Summary – Ōtara BID

Attachment D Governance Summary – Papatoetoe BID

Attachment E Governance Summary – Wiri BID

Attachment F Governance Summary – Hunters Corner BID, remains uncompleted and unsigned.

BID Programmes

16. Local BID programmes provide value to the collective business community by delivering a suite of economic activities that respond to local needs and opportunities and are agreed by the local business community. BID programmes also provide the opportunity to work with the council group and engage with local boards.

17. The BID programme does not replicate services provided by the council but channels the capabilities and knowledge of the private sector to improve economic outcomes and achieve common goals.

18. Each business association operating a BID programme sets the BID targeted rate grant amount at its Annual General Meeting (AGM) when members vote to approve a detailed income and expenditure operational budget for the following financial year. This budget funds the implementation of a business plan that delivers programmes based on each association’s BID strategic priorities.

Decision making

Auckland Council

19. The recommendation in this report is put into effect with the Governing Body’s approval of the Annual Budget 2023/2024 and its striking (setting) of the targeted rates.

20. In accordance with the provisions of the Local Government Act 2002 and the Local Government (Rating) Act 2002, the Governing Body is authorised to make the final decisions on what BID programme targeted rates, if any, to set in any particular year or property (in terms of the amount and the geographic area to be rated).

Local Boards

21. Under the Auckland Council shared governance arrangements, local boards are allocated several decision-making responsibilities in relation to BID programmes. One of these is to annually recommend BID targeted rates to the Governing Body if it is satisfied that the BID is sufficiently complying with the BID Policy.

Tātaritanga me ngā tohutohu

Analysis and advice

East Tāmaki, Manukau, Ōtara, Papatoetoe and Wiri BIDs

22. East Tāmaki, Manukau, Ōtara, Papatoetoe and Wiri BID have met the BID Policy annual accountability requirements.

23. At the time of this report Hunters Corner BID has not met the BID Policy annual accountability requirements. Staff recommend the local board approve and recommend to the governing body the striking of the Hunters Corner BID targeted rate on 1 July 2023.

Hunters Corner BID

24. All BIDs, including Hunters Corner, received communications regarding the policy accountability reporting requirements and the 10 March deadline.

25. Hunters Corner submitted some accountability information by 10 March. Communications requiring additional information and documents has received no response.

26. Hunters Corner has therefore not completed their accountabilty reporting requirements.

27. Alongside Hunters Corner not meeting required annual accountability, staff are aware of another part of the BID Policy where there has been long term non compliance by Hunters Corner. This relates to the management of the Hunters Corner BID.

28. BID Policy requirement 12 requires all BIDs to have a clear delineation between the governance and management of the BID programme. This requires each BID to appointment, contract or employ a BID Coordinator or Manager to undertake the delivery of the BID programme activities, liaise and communicate with BID members.

29. In December 2023 staff were given notice that the Hunters Corner manager would be finishing in their role at the date of the 2022 AGM (25 January 2023).

30. Staff have asked for, but not received an update regarding the recruitment process and manager appointment.

31. Hunters Corner is therefore not meeting the required (policy requirement #12) operational management practices to maintain a clear delineation between governance and management of the BID.

32. Staff are supportive of the local board approving the Hunters Corner BID targeted rate for 2023/2024 in anticaption the issue resolution process will be completed within the required six month timeframe set in the policy.

Hunters Corner – next steps

33. Staff have notified Hunters Corner on 1 May 2023 that their failure to complete the annual accountability reporting will set in motion the BID Policy, section 5 Issue Resolution process.

34. Section 5 of the policy outlines options for issue resolution including the ability to withhold the BID quarterly grant payments (next due July 2023), in part or whole, until issues are fully resolved and improvements have been put in place.

35. Staff will continue to provide updates to the local board on this BID.

BID Policy – summary of annual accountability reporting requirements.

36. The BID Policy and the BID Targeted Rate Grant Agreement set out the documents that form the annual accountability reporting documents for each BID. These documents confirm membership decision-making has taken place regarding the BID programme at the 2022 AGM.

37. Other reporting requirements such as the filing of annual financial statements with the Companies Office under the Incorporated Societies Act are included in this reporting.

38. The table below sets out the documents required. The table identifies where documents have not been submitted and or are not complete.

Table 2: Business associations compliance with the BID Policy.

Business Associations – documents submitted	Business East Tamaki Incorporated	Hunters Corner Business Association Incorporated	Manukau Business Association Inc	Otara Business Association Inc	Papatoetoe Central Mainstreet Society	Wiri Business Assn
Statement of financial/ performance reporting 2021/2022	ü	ü	ü	ü	ü	ü
Audited report/review 2021/2022	ü	Not Submitted	ü	ü	ü	ü
Audit Management Letter 2021/2022	ü	Not submitted	ü	ü	ü	ü
Chairs report (written) 2021/2022	ü	ü	ü	ü	ü	ü
Treasurers report (written) 2021/2022	ü	ü	ü	ü	ü	Not submitted
Manager’s report (written) 2021/2022	ü	Not submitted	ü	ü	ü	ü
Approved business plan for 18 months 2023/2024	ü	ü	ü	ü	ü	ü
Income and expenditure budget 2023/2024	ü	ü	ü	ü	ü	ü
Draft Minutes 2022 AGM	ü	ü	ü	ü	ü	ü
Financial/Audit reports posted to Companies Office website	ü	No	ü	ü	ü	ü
Mandatory Management Summary – signed by manager	ü	ü	ü	ü	ü	ü
Mandatory Governance Summary – signed by Chair	ü	Submitted/ Rejected Not completed Not signed	ü	ü	ü	ü
Strategic Plan *	2021-2026	Expired 2021, no additional update provided	2022-2027	2023-2024	2022-2025 (draft)	2022-2027

Note: * Current strategic 3-5 year plans to be available upon request.

39. Using the documents and information submitted, the BID Team is satisfied that East Tāmaki, Manukau, Ōtara, Papatoetoe and Wiri BIDs have met the requirements of the BID Policy accountability reporting.

40. Wiri Business Association did not present a written Treasurer report; however, the BID has confirmed this will be included in their 2023 AGM agenda planning.

41. The BID Team will work with Hunters Corner BID under the policy, section 5 Issues Resolution in anticaption the issue resolution process will be completed within the required six month timeframe set in the policy.

42. Staff advise the local board to recommend to the Governing Body the setting of the targeted rates for 2023/2024 as follows:

· East Tāmaki BID proposed BID targeted rate - $588,600

· Hunters Corner BID proposed BID targeted rate - $132,919.50

· Manukau BID proposed BID targeted rate - $577,830

· Ōtara BID proposed BID targeted rate - $99,456

· Papatoetoe BID proposed BID targeted rate - $100,692

· Wiri BID proposed BID targeted rate - $755,425.

Tauākī whakaaweawe āhuarangi

Climate impact statement

43. Through targeted rate-funded advocacy and activities, BID-operating business associations promote and can facilitate environmental sustainability programmes and climate response where appropriate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

44. Advocacy is a key service provided by business associations that operate a BID programme. BID-operating business associations ensure the views and ambitions of their members are provided to elected representatives and council teams, including CCOs, on those policies, plans, programmes, and projects that impact them.

45. BIDs work across several Council Controlled Organisations including Auckland Transport, Eke Panuku and Tātaki Auckland Unlimited.

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

Local impacts and local board views

46. The local board’s views are most frequently expressed by its appointed representative on the board of each BID-operating business association. This liaison board member (or alternates) can attend BID board meetings to ensure there is a direct link between the council and the operation of the BID programme.

47. East Tāmaki, Hunters Corner, Manukau, Ōtara, Papatoetoe and Wiri BID programmes tangibly support the vision and aspirations of the Ōtara-Papatoetoe Local Board Plan 2020, best expressed in Outcome 2: Prosperous local economy.

Local rohe, local benefit, local funding

48. Recommending that the Governing Body sets the targeted rates for East Tāmaki, Hunters Corner, Manukau, Ōtara, Papatoetoe and Wiri business associations means that these BID programmes will continue to be funded from targeted rates on commercial properties in their respective rohe. They will provide services in accordance with their members’ priorities as stated in their strategic plans.

49. Ōtara-Papatoetoe Local Board is among several local boards which provides additional funding to local business associations, however accountability for any grants is set by funding agreements between the local board and each business association. Those contractual obligations are separate from the requirements of the BID Policy and are not covered in this report.

Tauākī whakaaweawe Māori

Māori impact statement

50. Māori make up more than 16% of the population living in the Ōtara-Papatoetoe Local Board area, compared to 11.5% of Auckland (SOURCE: 2018 CENSUS). Individual business associations may, through operating their BID programme, identify opportunities for niche support or development of any Māori business sector in their rohe.

Ngā ritenga ā-pūtea

Financial implications

51. There are no financial implications for the local board. Targeted rates for BID-operating business associations are raised directly from business ratepayers in the district and used by the business association for improvements within that rohe. The council’s financial role is to collect the BID targeted rates and pass them directly to the associations every quarter.

52. The targeted rate is payable by the owners of the business rated properties within the geographic area of the individual BID programmes.

53. If the Governing Body agrees with the BID targeted rate grants proposed by the business associations, the cost of grants will be met from the existing operational budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

54. There are no direct financial risks to the local board or the council that could result from this recommendation to endorse the BID targeted rate grants for these business associations.

55. To sustain public trust and confidence in the council, there needs to be a balance between the independence of the BID-operating business associations and the accountability for monies collected by a public sector organisation.

56. The requirements and obligations of the BID Policy are intended to help minimise the potential for business associations to misuse BID targeted rate grant funds by requiring each BID to plan for their intended use, report on its activities to its members and to have its accounts annually audited.

57. For the council to be confident that the targeted rate grant funds provided to the BID-operating business associations are being used appropriately, it requires the BIDs to fully complete all annual accountability requirements under the BID Policy.

58. The council staff regularly monitor compliance with the BID Policy and this report is part of an active risk management programme to minimise inappropriate use of funds. Compliance reports are provided in May annually to each of the local boards that have BID’s operating within their areas.

Ngā koringa ā-muri

Next steps

59. If the local board supports this report, it will recommend to the Governing Body that the BID targeted rates be set as part of the Annual Budget 2023/2024.

60. After the Annual Budget is approved, the council collects the targeted rate funds and distributes them in quarterly BID grant payments, effective from 1 July 2023 to East Tāmaki, Hunters Corner, Manukau, Ōtara, Papatoetoe and Wiri BIDs.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	East Tamaki Governance Declaration	61
b ⇩	Manukau Governance Declaration	63
c ⇩	Otara Governance Declaration	65
d ⇩	Papatoetoe Governance Declaration	67
e ⇩	Wiri Governance Declaration	69
f ⇩	Hunters Corner Governance Declaration	73

Ngā kaihaina

Signatories

Author

Claire Siddens - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Manoj Ragupathy - Local Area Manager

No.	Title	Page
a ⇩	Auckland Light Rail - feedback	77
b ⇩	Land Transport Management (Regulation of Public Transport) Amendment Bill - feedback	79

No.	Title	Page
a ⇩	Hōtaka Kaupapa	83

No.	Title	Page
a ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 4 April 2023	87
b ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 11 April 2023	89
c ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 18 April 2023	91

[1] Local Government (Auckland Council) Act 2009, section 15(2)(c).

[2] Local Government (Auckland Council) Act 2009, ss15-16.

[3] Local Government Act 2002, Schedule 7, Part 1A, clause 36D

[4] Local Government Act 2002, Schedule 7, clause 36D

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

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