Agenda of Governing Body - Thursday, 22 June 2023

22 June 2023

Recovery Coordination Office Update

File No.: CP2023/05502

Te take mō te pūrongo

Purpose of the report

1. To provide an update on progress with developing the Tāmaki Makaurau Recovery Plan, including identification of candidate awa (waterways) for the blue-green network solutions in the proposed flood risk reduction programme, Making Space for Water.

Whakarāpopototanga matua

Executive summary

2. Auckland has experienced five extreme weather events since January 2023. These have caused flooding and land instability throughout the region, with a devastating and lasting impact on many communities and individuals. Some Aucklanders are still unable to access their homes, rental properties, or businesses.

3. A Recovery Coordination Office has been established to respond to the storm events of early 2023. Its function is to coordinate regional recovery efforts across the Auckland Council group, New Zealand Government, and other partners. The recovery will be complex, prolonged, and require significant engagement with Auckland communities.

4. Planned recovery efforts will be presented in the Tāmaki Makaurau Recovery Plan. The Plan will support the collaborative delivery of recovery projects, initiatives and activities, the relevant participants, lead agencies and timeframes. It will be a ‘living document’ with sections released progressively as programmes are finalised. One of these programmes is the proposed flood risk reduction programme: Making Space for Water.

5. The Draft Interim Tāmaki Makaurau Recovery Plan, as developed with the recovery partners, is provided in Attachment A.

6. One of the first priorities for the Recovery Plan is supporting Aucklanders impacted by severe weather. In May 2023, the government announced a new risk categorisation framework for properties, which includes three categories based on future risk for the property. In June 2023, the government announced that it will enter a funding agreement with councils in cyclone and flood affected regions to support voluntary buy-out of high-risk (Category 3) properties and co-fund work needed to protect properties where risk can be managed (Category 2). Costs and the funding split are still to be worked out.

7. Auckland Council began contacting owners of potential Category 2 and 3 properties in mid-June 2023 via letters explaining that initial assessments suggest their property may be Category 2 or Category 3, however a detailed risk assessment will be required to provide a confirmed category. The Recovery Coordination Office has put systems in place to manage the high volume of responses expected.

8. As part of the recovery programme the Making Space for Water programme has been developed to reduce flood risk.

9. Several areas of severe flood risk have been identified as being suitable for blue-green network solutions (where streams and open space make space for water to flow through the landscape). The proposed awa (waterways) are identified in Attachment B. The next step will be to develop risk profiles and project objectives for each of the identified awa, to enable project prioritisation and community engagement. For blue-green network projects to be effective they will rely on some acquisition and removal of at-risk houses or buildings.

10. The Government policy settings to support Aucklanders impacted by recent severe weather events have community support, particularly the objectives and principles to provide certainty, avoid significant financial hardship, ensure Treaty obligations, rights and interests of iwi, Māori and enable people to recover and adapt.

11. The Government is providing details of the funding arrangements with local councils, in what they are describing as a ‘locally led, centrally supported process.’ The Recovery Coordination Office is actively discussing the funding arrangements with the responsible central government agencies. The council's current position remains:

· Auckland Council is not a guarantor of private property interests and is not responsible for compensating landowners for loss due to severe weather or natural disasters.

· Auckland Council takes a financially prudent and equitable approach as required by legislation.

· There should be no unfunded mandates placed on the council. Any increase in local government costs should be funded, or new funding streams established that are adequate to meet the scale and impact of new costs across communities and generations.

· Cost allocations are guided by clear principles and include eligibility criteria that set out what will and will not be funded.

· Any funding contribution from Auckland Council will require consultation to amend the Long-Term Plan.

12. The council’s current position on managed retreat is summarised in the Council’s [3 June 2022] submission on Te mahere urutaunga ā-motu (tuhinga hukihuki): Draft National Adaptation Plan which is provided in Attachment C.

13. Given the significance of the recovery effort, further public engagement is necessary. This will be undertaken in the coming months, and will focus on two areas:

· Gathering Aucklanders’ experiences of the 2023 storms and their needs and hopes for recovery. This will inform the development of the final Tāmaki Makaurau Recovery Plan.

· Gauging Aucklanders’ support for, and willingness to invest in, stormwater projects that will reduce future flood risk. This will help determine the priority and scale of projects that the council can undertake as part of Making Space for Water.

14. Progress on the Tāmaki Makaurau Recovery Plan will be reported to the July Governing Body meeting, including a proposed structure and process for delivery. The budget and funding options for Making Space for Water will be reported in a subsequent report to the Governing Body, as central government co-funding arrangements and detailed proposals are progressed. A final Making Space for Water programme will be reported, for consideration, to the September Governing Body meeting.

Ngā tūtohunga

Recommendation

That the Governing Body:

a) tuhi-ā-taipitopito / note progress with development of the Tāmaki Makaurau Recovery Plan, including the proposed blue-green network areas.

Horopaki

Context

Lasting impacts of sudden storms

15. Auckland has experienced five extreme weather events since January 2023. They have caused flooding and land instability throughout the region, with a devastating and lasting impact on many communities and individuals.

16. Many Aucklanders are still significantly impacted by the extreme weather events of 2023. Some are unable to access their homes, rental properties, and businesses. For others, their homes are accessible but remain uninhabitable. Many Aucklanders are continuing to clean up and considering their options, including remediation, rebuilding, or relocation.

17. Communities, particularly those that have been affected multiple times in short succession, are anxious about the future. Affected Aucklanders want clear communication, direction, leadership, and central and local government to help them make decisions about where they live.

A Recovery Coordination Office has been established to address complex recovery needs

18. The Recovery Coordination Office has been established to coordinate the region’s recovery efforts across Auckland Council group, New Zealand Government, and other partners.

19. The recovery will be complex, prolonged, and require significant engagement with Auckland communities. To give a sense of the scale of the challenge, more than 4,500 households have needed storm-related assistance to date this year. Access to around 3,000 homes has been restricted or prohibited, with many still under investigation.

20. For Auckland Council, establishing and maintaining the recovery is a significant commitment, necessitating unplanned expenditure and generating a significant additional workload for some parts of its operations. It requires the coordination of resources across the Council Group and oversight from Auckland Council’s Governing Body.

Council is responding to flood risks in multiple ways

21. Many parts of the council have responsibilities that influence how we manage flood risks and build community resilience. In May 2023, the Governing Body requested that staff develop the programme in a joined-up manner to align outcomes and delivery (GB/2023/88). The policies that have interdependencies are described in Table 1 below.

Table 1. Council policies relating to recovery efforts

Council policy	Purpose	Examples of recovery direction
Te Tāruke-a-Tāwhiri: Auckland’s Climate Plan	Sets the strategic direction for Auckland’s response to climate change impacts, including flood risk.	Resilient green infrastructure is one method to reduce natural hazard risk to communities.
2021 Infrastructure Strategy	Sets out the scenario for the council's infrastructure investment over 30 years in response to significant issues including climate change and natural hazards.	Identifies climate-affected weather as an issue that would require significant infrastructure decisions and an adaptive programme of investment over the 30 years of the strategy.
Future Development Strategy (under consultation, June 2023)	Sets out the big picture vision for how and where we should grow over the next 30 years to achieve the best outcomes for Tāmaki Makaurau.	Seeks to avoid further growth in areas exposed to hazards (including flood risk), promote resilient design solutions and support communities to develop appropriate adaptation responses in high-risk areas.
Auckland Water Strategy	Thirty-year vision for Auckland's water, guided by ‘te mauri o te wai – the life-force of Auckland's water is protected and enhanced.’	Sets out major strategic shifts for water management that are relevant to this work, including Te Tiriti Partnership (working with mana whenua in agreed ways on agreed things), Empowered Aucklanders (working with Aucklanders for better water outcomes, including building community resilience), and Regenerative Water Infrastructure (ensuring Auckland’s water infrastructure is regenerative, resilient, low carbon, and increases the mauri of water).

22. In February 2023 the Planning, Environment and Parks Committee approved a scope of work to “investigate the flooding impacts, implications and improvements to public policy and infrastructure settings so that: Auckland and its communities are more resilient to water related hazards” (PEPCC/2023/25). This work is being led by the Chief Planning Office and will provide an initial report to the committee later this month. This report will set out priority actions for strategy, policy and planning settings that align with and complement operational and recovery actions. It will also outline a framework across short-, medium- and long-term activity across the Auckland Council whānau to enable a cohesive view of our collective impact.

23. In addition, there is routine work or work that is already underway to contribute to reducing flood risk including Shoreline Adaptation Plans, the Natural Hazard Risk Management Action Plan, Civil Defence reduction and readiness planning, Auckland Transport maintenance contracts, and Healthy Waters core functions.

Recovery is reliant on central government policy, partnership and funding

24. On 1 May 2023, the government announced a new risk categorisation framework for properties affected by the extreme weather. This framework assesses and classifies properties into three categories (1, 2, 3), based on the future risk associated with a property. Category 3 indicates the risk is high and there is no practical or affordable solution to sufficiently reduce the risk to life.

25. Flood modelling estimates show there are indicatively around 400 Category 3 homes around Auckland. Separately there are, indicatively, over 200 more properties that are Category 3 due to land instability. These estimates will be refined as new information is obtained, including detailed local assessments following property owner engagement that commenced in mid-June. There is a risk that the number of Category 3 homes in Auckland could be higher than the initial estimate based on the Rapid Building Assessment process and flood modelling.

26. On 1 June 2023, Finance Minister Grant Robertson further announced that the Government will enter a funding arrangement with councils in cyclone and flood affected regions to support them to offer a voluntary buyout for owners of Category 3 designated residential properties. It will also co-fund work needed to protect Category 2 designated properties. Auckland Council began contacting owners of affected properties in mid-June 2023.

27. The co-funding approach supports a ‘locally-led, centrally-supported’ response, which is appropriate. However, questions of the cost of the response, and how the co-funding load is to be allocated between central government and the council remain unanswered yet.

Tātaritanga me ngā tohutohu

Analysis and advice

The council is progressing engagement with affected property owners

28. In accordance with the central government announcements, the council is in the process of investigating and categorising storm-affected properties. With up to 3,000 properties to assess, this is a substantial undertaking. The council does not currently hold enough data from the Rapid Building Assessment process about individual properties to be able to do these assessments without information from homeowners.

29. Communication with cyclone and flood affected property owners about their initial risk categorisation commenced in the week of 12 June. Owners are receiving letters/emails explaining that initial assessments suggest their property may be Category 2 or Category 3, however a detailed risk assessment will be required to provide a confirmed category.

30. Property owners will be asked to use an online form to provide the council with more information so a desktop risk assessment can be completed.

31. Homeowners in Muriwai, Piha and Karekare will have their risk category confirmed in August or September 2023, when the geotechnical programmes in the three respective communities are complete. Until this technical work is done, we are not able to confirm which properties will be Category 3 and therefore will be eligible to participate in the buyback programme. We have been communicating frequently with these coastal communities about the geotechnical investigations and the timeline for completion.

32. Many of the properties are being contacted because they are at risk of future severe flooding and could be part of a future blue-green network within the Making Space for Water programme as identified in Attachment B.

33. The desktop assessment by the Healthy Waters and Land Resilience teams will triage the information coming in from property owners so that the probable Category 3 properties are dealt with first.

34. On-site assessments will be prioritised for this group to get their category confirmed as quickly as possible. This prioritisation approach recognises that many of these homeowners are in temporary accommodation, and they need certainty about whether they will ever be able to return to their homes.

35. While these assessments will determine the properties’ category, homeowners will not have certainty about the implications of this until more details of the government’s proposed approach are made public.

36. In their 1 June announcement, the government stated they wanted to have policy details confirmed by the end of June, and the property buy-out process completed within 12 months.

37. We expect a high level of inbound customer queries when the letters are sent, and the Recovery Coordination Office is being supported by the Customer Services team to manage these. A priority phone and email queue has been established for these recovery customers. Information for property owners will also be available in the Recovery section of the council website.

38. Staff will provide an update on responses received by the time of the Governing Body meeting. Notification of affected property owners and engagement with residents is being staged to assist with ensuring responses can be prioritised.

The Tāmaki Makaurau Recovery Plan will organise the mahi

39. The Recovery Coordination Office is drafting a Tāmaki Makaurau Recovery Plan, to organise the mahi (work) needed to meet recovery objectives.

40. The Draft Interim Tāmaki Makaurau Recovery Plan, as developed with the recovery partners, is provided in Attachment A. This Interim Plan forms the basis for community engagement and development of the final version. The Plan is structured with four whenu (strands):

· Community and social wellbeing: Impacted communities are reconnected and resilient.

· Māori partnership and participation: Mana whenua and Māori are active partners and participants in the recovery of Tāmaki Makaurau.

· Economic recovery: Sustainable economic activity is re-established enabling equity and economic prosperity.

· Natural and built environment: Repaired and reinstated housing, infrastructure, facilities, and services are more resilient, and our natural environment is regenerated.

41. The final plan will document the collaborative delivery of recovery projects, initiatives and activities, the relevant participants, lead agencies and timeframes. It will be a ‘living document’, with sections released progressively as local initiatives and regional programmes are finalised. The plan will be approved by the Governing Body.

Candidates for blue-green network solutions have been identified as part of the Making Space for Water programme

42. The Making Space for Water programme is being developed by Healthy Waters as part of the Tāmaki Makaurau Recovery Plan, under the Natural and Built Environment whenu. It is intended to establish a practical and achievable programme of operational flood management works for the next six years.

43. Following preliminary analysis, several areas have been identified as being suitable for blue-green network solutions. A map of the identified awa (waterways) is provided in Attachment B; all these awa have been subject to serious flooding in the recent storm events.

44. Blue-green network solutions are a sound response to flood risk. Streams and green spaces make space for water to flow through the landscape. In heavy storms, rainfall collects in these areas reducing risk to people and property. Blue-green networks also provide benefits to their communities: when we make space for water, we also make space for people and nature, with walking tracks, cycleways, trees and wildlife.

45. Initial evaluation of sites’ suitability for blue-green solutions has taken into account risk assessments for flooding frequency and magnitude, stability of buildings, and the rate of water rise.

46. There is also consideration of the strategic value of blue-green networks to support ecosystem restoration, connectivity across the region, and open spaces.

47. Some of these projects will depend on significant property acquisition and central government co-funding, and will therefore be developed, scaled, and staged as funding permits. The next step will be to develop risk profiles and project objectives for each of the identified awa, to enable project prioritisation and community engagement.

Tauākī whakaaweawe āhuarangi

Climate impact statement

48. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan sets out two core goals: achieving net-zero greenhouse gas emissions by 2050 and adapting to the impacts of climate change. The risk of more frequent and extreme weather events is rising with the effects of climate change. The impacts of individual events compound – making communities more vulnerable to crises and undermines resilience building efforts. This compound risk puts our communities, natural environment, infrastructure, utilities, and services under further pressure. Responding and recovering from extreme weather events becomes harder if communities are still coping with the impacts of the last event.

49. Making Space for Water will contribute to delivery of the Climate Plan’s goals by:

· delivering resilient stormwater solutions that account for the challenges posed by a changing climate

· promoting nature-based infrastructure solutions over carbon-intensive grey solutions

· providing flood intelligence data to support natural hazard knowledge

· promoting solutions which cater for multiple functions in addition to stormwater management such as increased community spaces and biodiversity enhancement

· empowering and partnering with organised community groups to encourage community-led climate adaptation

· implementing sustainable construction practices to minimise energy use and waste.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

50. The Recovery Coordination Office and Healthy Waters are working with the Chief Planning Office, Local Board Services, and Finance to develop the Tāmaki Makaurau Recovery Plan and refine Making Space for Water, to ensure alignment with council policy and priorities. Policy development which has an impact on this work has been included in this report.

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

Local impacts and local board views

51. The engagement plan with local communities is planned to commence in August 2023.

52. Local boards received a copy of the 23 May 2023 Governing Body report containing the Making Space for Water proposal. Briefings and workshops with local boards are being scheduled from late July.

53. Local board views on the Tāmaki Makaurau Recovery Plan and Making Space for Water will be sought through reports to their upcoming business meetings. Local board feedback will be provided to the Governing Body in September 2023.

Tauākī whakaaweawe Māori

Māori impact statement

54. Direct engagement with mana whenua began in mid-May. Since then, staff have worked through their established relationships to refine some initiatives. Staff provided an overview of the Tāmaki Makaurau Recovery Plan and Making Space for Water programme to the Tāmaki Makaurau Mana Whenua Forum pou taiao on 7 June 2023. At this hui, staff were asked to hold a workshop on this and other broader water issues.

55. Place-based mātauranga: Adopting the Sustainable Outcomes Toolkit are being applied to ensure local Māori design principles are included in the delivery programme. The Recovery Office is working to engage with iwi on using mātauranga Māori to guide for the Tāmaki Makaurau Recovery Plan.

56. Both the Recovery Coordination Office and Healthy Waters have staff working with mana whenua and Māori across the range of workstreams to ensure effective engagement.

Ngā ritenga ā-pūtea

Financial implications

57. The Recovery Office operations to date have been funded by up to $3 million unbudgeted expenditure agreed by the Governing Body at its meeting on 23 March 2023, and from 1 July will be funded by the Storm Response Fund adopted as part of the Annual Budget.

58. Central government has announced a funding commitment to support Aucklanders impacted by severe weather, however the details of any funding or co-funding arrangements have not yet been confirmed. Based on statements by the Cyclone Recovery Minister, we anticipate receiving further details in coming weeks, addressing the valuation of Category 3 properties, the proposed split of costs between the council, insurance companies and the Government, and how offers made for insured and uninsured properties will differ.

59. The Recovery Coordination Office is actively discussing the funding arrangements with the responsible central government agencies. The council's current policy position remains:

· Auckland Council is not a guarantor of private property interests and not responsible for compensating landowners for loss due to severe weather or natural disasters.

· Auckland Council takes a financially prudent and equitable approach as required by legislation.

· There should be no unfunded mandates placed on the council. Any increase in local government costs should be funded, or new funding streams established that are adequate given the scale and impact of new costs across communities and generations.

· Cost allocations are guided by clear principles and include eligibility criteria that set out what will and will not be funded.

· Any funding contribution from Auckland Council will require consultation to amend the Long-Term Plan.

60. Indicative budget and funding options for Making Space for Water will be reported to the Governing Body in July, as central government co-funding arrangements and detailed work programmes are progressed.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

61. Table 2 outlines risks to the successful development and implementation of the Tāmaki Makaurau Recovery Plan.

Table 2. Risks and mitigations for recovery

Risk	Mitigation
Evolving and complex community needs	Undertaking community needs assessments to inform approach (scale and scope) required for TMRP (Tāmaki Makaurau Recovery Plan) development.
Community and property owner expectations	Being clear about what is in and out of the council’s scope to address and the anticipated timeframes for resolution. Developing tailored solutions for affected communities with dedicated liaison officers for priority communities.
Adequate funding – securing the long-term investment required from central and local government as well as philanthropic and commercial investors	Recruiting a Funding and Partnerships Manager role for the Recovery Coordination Office, to partner with NZ Government and across Auckland Council group and be leveraged for greater outcomes. Negotiation with central government to understand the requirements, costs, benefits, and where all public funds can meet the highest need.
Balancing accurate information with timely responses	Communicating progress to affected communities regularly through newsletters. Utilising community groups to convey key messages and information. Resourcing communications function to enable proactive media and communication across all key stakeholders.
Resourcing – limited capacity to reprioritise existing resources, with already constrained capacity to deliver current work programmes (BAU (Business As Usual))	Utilising Agency Temps to apply resources as required. Reprioritising existing work priorities/programme (BAU) Adopting Forward Works Viewer to enable more accurate workforce planning (for infrastructure projects).
Increasing risk from storm events due to climate change	Maintaining a future-focus, together with recovery partners and within recovery efforts, to build resilience to future risks. Integrate with business-as-usual functions to improve mobilisation of future recovery efforts.

Ngā koringa ā-muri

Next steps

62. Targeted engagement with affected communities is already underway. Given the significance of the recovery effort, and the scale of activity proposed in Making Space for Water, further public engagement is necessary. Public engagement on the scope and funding of these proposed programmes will commence in August 2023. It will focus on two areas:

· Gathering Aucklanders’ experiences of the 2023 storms and their needs and hopes for recovery. This will inform the development of the Tāmaki Makaurau Recover Plan.

63. The Recovery Coordination Office will continue to engage with central government officials to define the arrangements for co-funding of recovery efforts.

64. Progress on the Tāmaki Makaurau Recovery Plan will be reported to the July Governing Body meeting, including a proposed structure and process for delivery. A final Making Space for Water programme will be reported to the September Governing Body meeting. A workshop will be held in advance.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Draft Interim Tāmaki Makaurau Recovery Plan
b ⇨	Awa (streams) for blue-green network investigation
c ⇨	Auckland Council’s 3 June 2022 submission on Te mahere urutaunga ā-motu (tuhinga hukihuki): Draft National Adaptation Plan

Ngā kaihaina

Signatories

Authors

Mace Ward - General Manager Parks, Sports and Recreation

Nick Vigar – Head of Planning, Healthy Waters

Authorisers

Craig McIlroy – General Manager, Healthy Waters

Barry Potter - Director Infrastructure and Environmental Services

Megan Tyler - Chief of Strategy

Mat Tucker - Group Recovery Manager

Governing Body

22 June 2023

Process for developing a reorganisation application

File No.: CP2023/05490

Te take mō te pūrongo

Purpose of the report

1. To refer the development of a reorganisation application about local boards to the Joint Governance Working Party.

Whakarāpopototanga matua

Executive summary

2. Mayor Wayne Brown has requested consideration of a simpler governance model for Auckland Council that is more in line with the recommendations of the Royal Commission on Auckland Governance, 2009. In the 21 April 2023 memo to local board chairs, the mayor noted that these recommendations “included fewer and more powerful local boards that were genuinely empowered to make important local decisions”.

3. The process for the reorganisation of local boards involves the adoption of a reorganisation plan by Te Kaunihera o Tāmaki Makaurau - Auckland Council. The council then makes an application to the Local Government Commission for its approval of the reorganisation plan. Legislation currently before the House refers to this as a “unitary authority-led reorganisation application”.

4. The upcoming representation review is a process with considerable overlap with the development of a reorganisation plan. At its meeting on 27 April 2023, the Governing Body considered the process for its mandatory review of representation arrangements for the 2025 elections and referred the development of an initial representation review proposal to the Joint Governance Working Party.

5. This report proposes that the process for considering the mayor’s request for the development of a reorganisation plan is also through the Joint Governance Working Party. The terms of reference for the Joint Governance Working Party state that matters are referred to it by resolution of the Governing Body.

6. An alternative option is for the Governing Body to retain oversight of the work directly. This option is not recommended as it would:

· make it harder to integrate local board input throughout the process

· make it significantly harder to develop a holistic package of representation changes that included the number of local boards and members and the number of wards and councillors.

7. By also referring the consideration of a reorganisation plan relating to local boards the two issues can be considered together.

8. The final decision on both a reorganisation plan and a representation review rest with the Governing Body.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree that any reorganisation of local boards is considered under the provisions of the “unitary authority-led reorganisation application” of the proposed Schedule 3A to the Local Government Act 2002

b) tuhi ā-taipitopito / note that these provisions include requirements for the council to consider the views and preferences of affected local boards and to demonstrate community support for a reorganisation plan

c) tautohu / refer to the Joint Governance Working Party the development of a reorganisation plan, or options for reorganisation plans, for recommendation back to the Governing Body so that the Governing Body may then decide whether to proceed further, including whether to undertake public consultation.

Horopaki

Context

9. The representation aspects of governance will be considered in the review of representation arrangements, which the council is required to conduct in time for the 2025 elections. The Governing Body, at its meeting on 27 April 2023, referred the development of an initial proposal to the Joint Governance Working Party which will make recommendations to the Governing Body.

10. The mayor has also requested the consideration of the number of local boards. Any change to the number of local boards requires a different process, which is known as a reorganisation. The outcome of this process is a reorganisation plan.

11. The current Local Government Act 2002 provides for the reorganisation of local authorities. This includes local boards but because the provision is generally for local authorities it deals with arrangements for staff, transfer of assets and transition committees.

12. The Local Government Electoral Legislation Bill, currently before the House, includes a schedule 3A to the Local Government Act 2002 which contains fit-for-purpose provisions for the reorganisation of local boards. In particular, the Bill provides for a “Unitary authority-led reorganisation application” by which the council would submit a reorganisation plan to the Local Government Commission for approval. If the council’s application meets all the requirements in the legislation, then the Commission would be required to approve it.

13. The Department of Internal Affairs staff have advised they expect this Bill to be enacted before Parliament rises for the Parliamentary elections.

14. Although the review of representation arrangements and an application for approval of a plan for the reorganisation of local boards are separate processes, there are overlapping considerations. A reorganisation plan would include the representation arrangements for any local boards that are part of the reorganisation. The table below sets out the scope of the two processes.

Tātaritanga me ngā tohutohu

Analysis and advice

15. If the Governing Body resolves to adopt a reorganisation plan, the council would submit that plan to the Local Government Commission which the Commission would be required to approve if the council meets all the requirements in the legislation.

16. These requirements include consideration of:

1) the benefits of the following and the likelihood of them being achieved:

a) democratic decision-making on behalf of communities

b) enabling the purpose of local government

c) efficiencies and cost savings

d) local boards having sufficient resources to perform their responsibilities

e) effective responses to the needs of communities

f) better alignment with communities of interest

g) enhanced effectiveness of non-regulatory decision-making

h) enhanced ability to meet the changing governance needs of the community into the future

i) effective provision for co-governance or co-management arrangements

2) financial, disruption and opportunity costs

3) risks and consequences of not implementing the proposed changes

4) existing communities of interest, including iwi and hapu

5) degree of demonstrable public support or opposition in the affected communities

6) views and preferences of affected local boards.

17. The representation review process requires public notification of the council’s initial proposal mid-2024. Rather than consult at a separate time on a proposal for reorganising local boards the council could consult on a proposed reorganisation plan at the same time as consulting on the representation review.

18. The representation review would review representation arrangements for the current governance arrangements. A reorganisation plan might propose different representation for any local boards affected by the reorganisation plan. Staff will collaborate with staff of the Local Government Commission around aligning these two processes.

Options for the oversight of the development of a reorganisation plan

19. The Governing Body is the decision-maker for the reorganisation plan that is referred to the Local Government Commission. There are two feasible options for the oversight of the development of a reorganisation plan, those being:

i) the Joint Governance Working Party develops the draft plan

ii) Governing Body retains oversight of its development.

20. Staff recommend that oversight of the development of the reorganisation plan is referred to the Joint Governance Working Party because it would be easier to integrate local board input throughout the process, and it would be easier to develop a holistic package of representation changes. It also aligns strongly to the work already being undertaken by the Joint Governance Working Party on the equity of local board funding.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. Adopted climate policy and plans would still be required to be implemented through council work programmes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22. Some council-controlled organisations (CCOs) might be impacted, in particular Auckland Transport which liaises with local boards and presents reports to local board meetings. It will be important to include the views of CCOs in any reorganisation plan.

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

Local impacts and local board views

23. There is the potential for there to be a major impact on existing local boards. Any reduction in the number of local boards could be mitigated by increasing representation on new local boards.

24. It is essential, and a legal requirement, to consider the views and preferences of any affected local boards.

Tauākī whakaaweawe Māori

Māori impact statement

25. The legislation requires consideration of communities that relate to iwi and hapu. Currently, because there are 21 local boards and their boundaries cut across iwi and hapu rohe, boards in some areas have considered a joint approach to relationships with iwi and hapu in their area.

Ngā ritenga ā-pūtea

Financial implications

26. An investigation into options for a reorganisation will be conducted using existing resources.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27. There is a risk that proceeding with this investigation into options for a reorganisation will be disruptive and distracting while it proceeds.

28. A mitigation is that this investigation is part and parcel of reviewing our governance arrangements for 2025. These arrangements also include Māori representation and a review of all other representation arrangements.

Ngā koringa ā-muri

Next steps

29. If the Governing Body agree with the recommendations, staff will arrange appropriate reports for the Joint Governance Working Party and provide updates to the Governing Body as appropriate.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

Governing Body

22 June 2023

Māori seats for Auckland Council - approval of consultation material

File No.: CP2023/06855

Te take mō te pūrongo

Purpose of the report

1. To present the draft consultation material and engagement plan overview for Māori seats for Te Kaunihera o Tāmaki Makaurau - Auckland Council to the Governing Body for consideration.

2. To seek approval of the consultation material for Māori seats for Auckland Council.

Whakarāpopototanga matua

Executive summary

3. On 27 April 2023, the Governing Body agreed to seek the views and preferences of Māori and the wider public on Māori seats for Auckland Council and to consult by no later than 1 August 2023 [GB/2023/70].

4. Due to council’s engagement calendar and additional unplanned consultation matters during the months of July and August, staff have been advised that it will be preferable to move the consultation date slightly, to later in August 2023. This will require the Governing Body to amend its 27 April resolution as provided for in recommendation a) of this report.

5. Staff have drafted the consultation material for the Governing Body’s consideration. The full and summary documents are found in Attachments A and B.

6. Feedback provided through this consultation will inform decision-making on whether to establish Māori seats for the 2025 local elections. This decision needs to be made in October 2023 in order to both align with the Governing Body meeting schedule and meet the 23 November 2023 Local Electoral Act 2001 deadline.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree to amend resolution number GB/2023/70 clause c) from the 27 April 2023 meeting to consult by no later than 1 August 2023 to read:

“whakaae / agree to consult in August 2023 in order to meet the 23 November 2023 Local Electoral Act 2001 deadline, noting that the consultation material and timeline will be reported to the Governing Body for approval at a future Governing Body meeting.”

b) whakaae / approve the consultation material for Māori seats for Auckland Council (Attachments A and B of the agenda report).

c) tuhi ā-taipitopito / note that staff will report consultation feedback to the Governing Body in October 2023, where a decision will be sought on Māori seats for Auckland Council for the 2025 local elections.

Horopaki

Context

7. Māori seats are designated seats on a Council for Māori representatives. Seats can be filled by election or by appointment, although in Auckland there is no ability to make appointments to the Governing Body. A change to legislation would be needed to do this.

8. Auckland Council has to date faced two challenges in introducing Māori seats: a binding poll provision and a set number of councillors for Auckland Council. The binding poll provision was repealed in 2021 and proposed legislative changes to the Local Government (Auckland Council) Act 2009, currently before the House will remove the set number of councillors.

9. The removal of the set number will allow Auckland Council to determine the total number of councillors on the Governing Body between five and 29, in line with other councils in Aotearoa New Zealand.

10. Since 2017, the Governing Body has previously agreed ‘in-principle’ support for establishing one or more Māori wards (using the ‘Parliamentary model’) once the set number of councillors had been removed. This position remains the Governing Body’s preference on record to date. The Independent Māori Statutory Board have supported the ‘Royal Commission’ model for Māori representation on Auckland Council since 2021.

11. The ‘Parliamentary model’ (Māori wards) only includes elected seats. This model reflects how the Parliamentary Māori electorates are established. The ‘Royal Commission’ model that has received some support includes both elected and mana whenua appointed seats. This model would require changes to legislation as noted above.

12. Staff undertook some preliminary engagement with mana whenua and mataawaka in 2022 on Māori seats for Auckland Council. Feedback from participants in this process was that neither the ‘Parliamentary’ nor the ‘Royal Commission’ model were suitable for Tāmaki Makaurau, however the ‘Royal Commission’ model received slightly stronger support for its inclusion of an appointed mana whenua seat.

13. The only model of Māori representation that is available under existing legislation is the ‘Parliamentary’ model. This model includes a formula for determining the number of elected members representing Māori based on the number of voters on the Māori electoral roll, and the total number of ward councillors. For Tāmaki Makaurau, this model would result in one or two elected Māori representatives depending on the total number of councillors. Any other model would require legislative change.

14. While the feedback contained a unanimous recognition that the status quo is no longer an option, it also emphasized that timing constraints to investigate and pursue legislative change should not deter investigating a bespoke approach for Tāmaki Makaurau.

15. On 27 April 2023, the Governing Body agreed to seek the views and preferences of Māori and the wider public on Māori seats for Auckland Council. This recognises the importance of the decision and will inform a decision on Māori seats for Auckland Council in October 2023.

16. Staff have now drafted the consultation material to support this engagement for Governing Body’s consideration. These are found in Attachments A and B.

Tātaritanga me ngā tohutohu

Analysis and advice

Engagement plan overview

17. On 27 April 2023, Governing Body agreed to seek the views and preferences of Māori and the wider public on Māori seats for Auckland Council and to consult by no later than 1 August 2023 [GB/2023/70].

18. Due to council’s engagement calendar and additional unplanned consultation matters during the months of July and August, staff have been advised that it will be preferable to move the consultation date to commence on 21 August through to 24 September 2023. This will require the Governing Body to amend its 27 April 2023 resolution as provided for in the recommendations of this report.

19. Despite this slight delay, staff will still be able to meet the overall consultation timeline and have a decision report to Governing Body to meet the statutory timeframe.

20. A decision on Māori seats for Auckland Council is a significant one. It is about how Māori are represented in Auckland, and how Aucklanders are represented by their Governing Body. As such, consultation with Aucklanders on this matter will consist of:

· Regionwide consultation

· Four week consultation window (21 August – 24 September 2023)

· Two streams of engagement: a Māori engagement stream and a wider public engagement stream

21. A range of engagement methodologies will be used including ‘in person’ and virtual with both hard copy and digital materials available. Engagement methods will include:

· marketing (TV and Radio ads, social media, media releases)

· AK Have Your Say webpage

· webinars

· targeted interest group events

· raising awareness of the consultation amongst diverse groups through community partner networking

· hard copy consultation materials at libraries, local board offices and Māori service provider sites

· dedicated mana whenua and mataawaka engagement.

22. Due to the likely high degree of interest in the decision, the above engagement methods and approach will ensure the consultation process is robust and in line with legal obligations. Governance Services and Ngā Mātārae staff are working closely with key specialist leads from across the organisation to deliver the best possible regionwide engagement.

23. In order to deliver robust, regionwide consultation on this matter across two streams of engagement, staff have been advised that it is best consulted on as its own matter and not attached to another issue council is consulting on. As such, the budget for this consultation is $189-204K, broken down as follows:

Workstream	Budget (000)
Engagement Community partners, engagement events, People’s Panel	$50
Māori Engagement Targeted marketing, Māori engagement events, specialised contractor services	$50
Marketing & Comms Regionwide marketing and communications for consultation	$50-65
Digital / Web / Design Consultation material and AK Have Your Say webpage	$7
Translation / Print & Distribution Te Reo Māori translation, hardcopy consultation materials and event collateral	$7
Analysis of Feedback Cost of temporary staff required to assist with data analysis	$25
Total	$189-204

Consultation material

24. Staff have drafted the consultation material on Māori seats for Auckland Council for the Governing Body’s consideration. The full and summary documents are found in attachments A and B respectively.

25. The drafted material has been developed in conjunction with the Independent Māori Statutory Board secretariat.

26. The consultation material includes two documents: a full consultation document and a summary document. Both contain a consultation feedback form. The summary document and feedback form will be translated into te reo Māori pending Governing Body’s approval.

27. The material includes all relevant information about the decision on Māori seats for Auckland Council to enable participants to submit feedback. The below diagram highlights the sections within the consultation material as an overview of information covered.

Tauākī whakaaweawe āhuarangi

Climate impact statement

28. While a decision about Māori representation does not in itself impact on climate, the introduction of Māori ward representatives as Auckland Council decision-makers would improve consideration of te ao Māori views on climate change and council led responses.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29. This matter affects the composition of the Governing Body and does not impact the group.

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

Local impacts and local board views

30. Māori representation at the local board level is outside of the Local Electoral Act and legislative change would be required to introduce Māori seats on local boards. In the process of seeking local board views on the Local Government Electoral Legislation Bill, 13 of the 19 local boards that provided feedback requested that Māori representation at the local board level was investigated.

31. Staff plan to seek the views of local boards as part of the consultation and will report these to the Governing Body along with the consultation feedback in October 2023.

Tauākī whakaaweawe Māori

Māori impact statement

32. Auckland Council has legal obligations to seek and consider Māori views on matters that Māori will be particularly affected by or interested in. The Local Government Act 2002 requires local governments to maintain and improve opportunities for Māori to contribute to decision-making processes and to consider the views and preferences of the persons likely to be affected by or have an interest a matter. There are also common law obligations to consider Treaty principles, including partnership, rangatiratanga, active protection, and informed decision-making.

33. The Local Government (Auckland Council) Act 2009 requires the council to take into account the Independent Māori Statutory Board’s advice on matters. The Independent Māori Statutory Boards’ Schedule of Issues of Significance to Māori in Tāmaki Makaurau recognises that increasing Māori representation is a priority action for enhancing Māori leadership and participation in local government decision making. The Issues of Significance advocates for council to ensure that Māori are enabled to contribute to the long-term future of Auckland actively and meaningfully through representation on council.

34. Kia Ora Tāmaki Makaurau – the Auckland Council Group’s Māori Outcomes Performance Measurement Framework includes ten priority outcomes areas to direct Council group investment and resource towards delivering Māori Outcomes in Tāmaki Makaurau.

35. The Framework includes Kia Ora Te Hononga (effective Māori participation) and is underpinned by the mana outcome objective to ensure that “mana whenua and Māori are active partners, decision makers and participants alongside the Auckland Council Group”.

36. The Auckland Plan 2050, includes the outcome area of ‘Māori Identity and Wellbeing’ Council is committed to recognising and providing for te Tiriti o Waitangi outcomes, enabling Māori to exercise rangatiratanga in decisions that matter to and affect them.

Ngā ritenga ā-pūtea

Financial implications

37. There will be budgetary implications for consultation on Māori seats for Auckland Council as discussed in the body of this report. The estimate of approximately $189-204k for consultation will be covered through existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38. There are two key known risks associated with consultation on Māori seats for Auckland Council:

a) due to the high level of public interest in the decision there may be an increased risk of legal challenge

b) the set number of councillors is not removed for Auckland Council.

39. The risk of legal challenge can be mitigated through the commitment of appropriate budget and resourcing to deliver a robust consultation process.

40. As previously reported, the Local Government Electoral Legislation Bill is currently in front of the House and has progressed to the Committee of Whole House stage. Among other legislative changes, the Bill proposes a removal of the set number of councillors for Auckland Council. This change, when it is enacted, will allow council to determine any number of councillors between five and 29, in line with all other councils in New Zealand.

41. Previously, Governing Body has agreed ‘in-principle’ support for establishing Māori seats subject to the removal of the set number of councillors.

Risk

Mitigation

Legal challenge

Failing to undertake a robust consultation process may increase the risk of legal challenge. This risk involves both reputational and financial consequences and may require the consultation to be repeated, resulting in additional costs to the council

Ensure that the consultation process is robust and effective. This requires budget and resource commitment at a time when council is working within a constrained environment. However, staff strongly advise that this robust process is required.

Legislative change not enacted

The Local Government Electoral Legislation Bill may not be enacted before Parliament rises, meaning that Auckland Council is uncertain whether or not it will be able to determine the total number of councillors on the Governing Body.

This could impact the decision of the Governing Body to proceed with Māori wards as it will mean that a general ward would need to be disestablished in order to add a Māori ward.

Council cannot fully mitigate this risk.

However, we have provided coverage of this possibility in the consultation material to ensure that Māori and the wider public are appropriately informed when providing feedback.

Staff will monitor the progress of the Bill closely in order to provide accurate advice on options.

Ngā koringa ā-muri

Next steps

42. Staff will prepare for and implement consultation with Māori and the wider public in August/September 2023.

43. Following this, staff will report the feedback and analysis to the Governing Body in October 2023 and seek a decision on Māori seats for Auckland Council.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Māori seats consultation - summary document
b ⇨	Māori seats consultation - full document

Ngā kaihaina

Signatories

Author

Libby Orr - Advisor Governance Services

Authorisers

Rose Leonard - Manager Governance Services

Lou-Ann Ballantyne - Head of Māori Strategic Outcomes

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

Mayor	Wayne Brown
Deputy Mayor	Cr Desley Simpson, JP
Councillors	Cr Andrew Baker	Cr Mike Lee
	Cr Josephine Bartley	Cr Kerrin Leoni
	Cr Angela Dalton	Cr Daniel Newman, JP
	Cr Chris Darby	Cr Greg Sayers
	Cr Julie Fairey	Cr Sharon Stewart, QSM
	Cr Alf Filipaina, MNZM	Cr Ken Turner
	Cr Christine Fletcher, QSO	Cr Wayne Walker
	Cr Lotu Fuli	Cr John Watson
	Cr Shane Henderson	Cr Maurice Williamson
	Cr Richard Hills

Date	Subject
24/5/23	Annual Budget 2023/2024 – Storm response fund (released 2 June 2023)
24/5/23	CONFIDENTIAL: Annual Budget 2023/2024 – council opex savings and discussion on mayoral proposal (no attachment)
31/5/23	Annual Budget 2023/2024 – Draft Tūpuna Maunga Operational Plan (released 2 June 2023)
31/5/23	CONFIDENTIAL: Annual Budget 2023/2024 - process update and AIAL shareholding (released 2 June 2023)
31/5/23	Annual Budget 2023/2024 – Mayoral Proposal (released 2 June 2023)
8/6/23	Annual Budget 2023/2024 – Councillor views (this workshop was open and webcast and can be viewed at the following links: Part 1 Part 2 Part 3)
14/6/23	10-Year Budget 2024-2034 (Long-term Plan) (no attachment)
14/6/23	CONFIDENTIAL BRIEFING - Ratepayer Financing Scheme (no attachment)

Author	Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
Authoriser	Jim Stabback - Tumu Whakarae / Chief Executive

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