Agenda of Franklin Local Board - Tuesday, 12 September 2023

Franklin Local Board

12 September 2023

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/12081

Te take mō te pūrongo

Purpose of the report

1. For local boards to provide feedback to the Governing Body on whether Māori seats should be established for Auckland Council for the 2025 local elections.

Whakarāpopototanga matua

Executive summary

2. Auckland Council is undertaking public consultation on whether to establish Māori seats for the 2025 local elections.

3. Local board views and preferences are being sought concurrently as there is a statutory deadline of 23 November 2023 under the Local Electoral Act 2001.

4. Consultation is open from 21 August to 24 September 2023. Feedback provided through consultation will be reported to the Governing Body at their October 2023 meeting where a decision will be sought.

5. The materials developed to support consultation on this matter are attached to this report and include a full consultation document, summary document and feedback form (Attachments A, B and C). They are also available at akhaveyoursay.nz/maoriseats

6. The current legislation allows for one to two elected Māori ward seats on the Governing Body only. There are currently no provisions for Māori seats on local boards and no ability to make appointments to the Governing Body.

7. This report provides local boards with the consultation materials and seeks feedback to inform a Governing Body decision on Māori seats in October 2023.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakarite / provide feedback to the Governing Body on whether Māori seats should be established for Auckland Council for the 2025 local elections.

Horopaki

Context

8. 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.

9. Feedback received 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 to both align with the Governing Body meeting schedule and meet the Local Electoral Act 2001 deadline.

10. The material to support this consultation received approval from the Governing Body on 22 June 2023 and is attached to this report (Attachments A, B and C).

11. Local board feedback on Māori representation has been provided previously. In September 2022, Auckland Council submitted feedback on the Local Government Electoral Legislation Bill. Within this omnibus bill are proposed changes to the provisions for Māori representation in local government.

12. In preparation of this submission, staff sought feedback from local boards. 13 of the 19 local boards that provided feedback on the omnibus bill requested that Māori representation at the local board level was investigated.

Tātaritanga me ngā tohutohu

Analysis and advice

13. 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.

14. 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.

15. 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.

16. 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 has supported the ‘Royal Commission’ model for Māori representation on Auckland Council since 2021.

17. 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.

18. Staff undertook 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.

19. 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.

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

Consultation on Māori seats for Auckland Council

21. The 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

· five-week consultation window (21 August-24 September 2023)

· two streams of engagement: a Māori engagement stream and a wider public engagement stream.

22. 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 (Radio ads, social media, media releases)

· AK Have Your Say webpage

· webinars

· 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

23. A key part of the consultation process is seeking input from local boards and presenting these views to the Governing Body for consideration in October 2023. This report seeks feedback to contribute towards decision-making.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24. While a decision about Māori seats does not in itself impact on climate, the introduction of Māori ward representatives as Auckland Council decision-makers may 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

25. 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

26. This report seeks the views and preferences of local boards on Māori seats for Auckland Council’s Governing Body. This feedback will be provided to the Governing Body for consideration when a decision is sought on the matter in October 2023.

27. While the decision to be made in October 2023 is whether to establish Māori seats on Auckland Councils’ Governing Body, local boards have previously provided feedback on establishing Māori seats at the local board level.

28. 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.

29. Not all local boards who wish to introduce Māori representation would be eligible for Māori seats under the ‘Parliamentary model’ formula. If legislation were amended to allow for Māori representation on local boards, the formula would only allow for nine out of 21 local boards (43 per cent) to have Māori subdivisions based on current member numbers.

Tauākī whakaaweawe Māori

Māori impact statement

30. 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 in a matter. There are also common law obligations to consider Treaty principles, including partnership, rangatiratanga, active protection and informed decision-making.

31. The Local Government (Auckland Council) Act 2009 requires the council to consider the Independent Māori Statutory Board’s advice on matters. The Independent Māori Statutory Board’s 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 schedule advocates for council to ensure that Māori are enabled to contribute actively and meaningfully to the long-term future of Auckland through representation on council.

32. 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.

33. 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, decisionmakers and participants alongside the Auckland Council Group”.

34. 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

35. As this report is seeking the views and preferences of local boards for Governing Body consideration, there are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

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

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

38. 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.

39. 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

40. Staff will report feedback from Māori, the wider public and local boards along with analysis to the Governing Body in October 2023 and seek a decision on establishing Māori seats for Auckland Council.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Māori Seats Consultation Document	13
b ⇩	Māori Seats Consultation Summary Document	29
c ⇩	Māori Seats Consultation Feedback Form	35

Ngā kaihaina

Signatories

Authors

Libby Orr - Advisor Governance Services

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - General Manager Local Board Services

Georgina Gilmour - Senior Local Board Advisor

Franklin Local Board

12 September 2023

Submissions and feedback on the draft Franklin Local Board Plan 2023

File No.: CP2023/12690

Te take mō te pūrongo

Purpose of the report

1. To provide an overview of feedback and submissions received from public consultation on the draft Franklin Local Board Plan 2023.

Whakarāpopototanga matua

Executive summary

2. The Local Government (Auckland Council) Act 2009 requires that each local board adopt a local board plan by 31 October of the year following election and uses the special consultative procedure (SCP) to engage with its communities.

3. In June 2023, the local board approved a draft Franklin Local Board Plan 2023 for public consultation. The consultation period ran from 13 July to 14 August 2023.

4. A total of 402 pieces of stakeholder and community feedback was received for Franklin Local Board, including 120 submissions through the online survey tool, 12 hard copy feedback forms, comments from 247 Have Your Say event participants, 521 pieces of feedback via ‘sticky dot’ consultation boards at Franklin: The Centre, Pukekohe, and one petition with 272 respondents.

5. Mana whenua feedback was received through two Ara Kōtui hui.

6. Feedback from a mataawaka perspective was received through the Huakina Marae Forum.

7. Staff have prepared a Summary of Feedback report (Attachment A) summarising the results of the consultation. This will be made available for the public to view on the AK Have your say website.

8. All feedback submissions will also be available to view on the Auckland Council website at akhaveyoursay.aucklandcouncil.govt.nz/local-board-plans-2023-feedback

9. Feedback indicated overall support for the plan, suggestions for potential new initiatives and advocacy points, and requests for facilities and other improvements.

10. The Franklin Local Board have the opportunity to make amendments to the draft plan in response to submissions and feedback, as well other emerging issues identified since the draft was developed e.g. organisational capacity. The final Local Board Plan must be adopted in October 2023.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) receive submissions and feedback on the draft Franklin Local Board Plan 2023 (the Summary of Feedback report to be tabled at the meeting).

b) consider feedback when finalising the Franklin Local Board Plan 2023.

Horopaki

Context

11. The Local Government (Auckland Council) Act 2009 requires that each local board must:

· adopt its Local Board Plan by 31 October of the year following an election

· use the special consultative procedure (SCP) to engage with their communities.

12. On 20 June 2023, Franklin Local Board approved the draft Franklin Local Board Plan 2023 for public consultation.

13. Early engagement with the community helped inform the draft Local Board Plan, as did feedback from the Annual Budget consultation.

14. The key features of the draft Franklin Local Board Plan 2023 were:

· Our Community - support the community to plan and deliver activities and initiatives that recognise local history, engage new residents in community life or that promote healthy active lifestyles, environmental sustainability or local resilience, and improve access to existing Auckland Council services and facilities.

· Our People - focus on empowering and enabling two key groups in our community – Māori and young people. We want Mana whenua to lead delivery on local Māori aspirations and we want young people across Franklin to engage with, and influence planning for, future Franklin and to serve their communities.

· Our Environment - support both urban and rural Franklin communities to contribute to prevention and reduction of greenhouse gas emissions, reforestation and uptake of greenspace, healthy functional waterways and the pest-free Auckland initiative.

· Our Places - advocate for, and make changes, to our current facilities network so that our transport, parks, libraries, community halls and recreational facilities are fit for purpose, and deliver to future need and budget constraints.

· Our Economy - facilitate Franklin-centric economic development initiatives that support future-facing local prosperity and leverage local opportunity from growth and from local attributes.

· Māori Outcomes and Climate Action – initiatives that deliver to these two outcomes are interwoven within the five other sections of the plan, however they are summarised within these two sections, to provide contextual background information and emphasise the importance of delivering to these Auckland Council wide priorities.

15. Feedback was also sought on:

· Franklin Paths Network - priority initiatives for the proposed Franklin Paths Network to be funded through a targeted rate.

· Community Investment - suggestions for community facilities that could be closed, sold (with funds reinvested in similar facilities elsewhere), or taken over and funded by another group.

How we consulted

16. The consultation was held between 13 July and 14 August 2023. A communications campaign encouraged people to “Help Shape the Future’ of the Franklin Local Board area and to “Tell us what’s important”. This was promoted through libraries and council facilities, the Franklin Local Board Facebook page, Our Auckland articles, and roadside signage at key locations across the Franklin Local Board area.

17. A range of engagement activities were undertaken to encourage the public to have their say, with a focus on digital and online platforms:

· Public submissions: These were hard copy and online collected via email, post, and through libraries, service centres, local board offices, People’s Panel members and the online engagement platform akhaveyoursay/localboardplans.

· Have Your Say: 11 face-to-face engagement events (spoken interaction) were held across the Franklin Local Board area.

18. The following community partners supported consultation:

· Grahams Beach Settlers Association

· Waiuku Probus

· Franklin Community Networks

· Waiau Pa and Clarks Beach Business Association Inc

· Drury Community Committee

· Kawakawa Bay Community Association

· Takutai Trust & Takutai Youth

· Bombay Community Group.

19. In response, the local board received the following feedback:

· 120 submissions through the online survey tool

· 12 hard copy submissions

· 247 attendees at Have Your Say events, which included drop-in sessions, attending existing community group meetings, markets.

· 521 pieces of feedback via ‘sticky dot’ consultation boards at Franklin: The Centre, Pukekohe.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of consultation feedback

20. The results and analysis of the public consultation should be considered by the local board when developing the final local board plan.

21. Staff have prepared a Summary of Feedback report (Attachment A) summarising the results of the consultation. The key messages of the report are described in Tables 1-8 below.

Table 1. Question and feedback: Our Community

SCP Question: Our community- objectives:

· enable community groups across Franklin to lead delivery of community initiatives

· provide improved access to council services across the Franklin Local Board area, including in areas that experience deprivation through isolation

· local communities are provided options for retaining services they enjoy as the board plans for sustainable and equitable service delivery.

Please share your thoughts on our ‘community’ objectives: do you support these objectives? Have we missed something? Do you have any other comments or suggestions?

Feedback indicated:

· support for community-led approach

· support for improved access to council services

· support for options to retain services.

Table 2. Question and feedback: Our People

SCP Question: Our people - objectives:

· support rangatahi to develop capability and access local employment

· enable participation in local civics

· opportunities for shared decision-making for iwi

· partner with the community to recognise and commemorate local history

· implement the Auckland Age-friendly Action Plan in Franklin.

Please share your thoughts on our ‘people’ objectives: do you support these objectives? Have we missed something? Do you have any other comments or suggestions?

Feedback indicated:

· support for a focus on all people and ethnic groups

· support for employment support to be for all people (not just young people, Māori)

· mixed feelings towards sharing decision-making with iwi

· support for partnering with the community on local history

· support for age friendly initiatives, while also wanting more detail

· suggestion for an intergenerational and holistic approach (bringing aged and youth together)

Table 3. Question and feedback: Our Environment

SCP Question: Our environment - objectives:

· partner with community and iwi to restore the whenua

· accelerated modal shift in town centre and villages

· realise opportunities to increase canopy cover in urban Franklin

· improved water quality and waterway function through intentional intervention

· develop a local response to climate change

Please share your thoughts on our ‘environment’ objectives: do you support these objectives? Have we missed something? Do you have any other comments or suggestions?

Feedback indicated:

· support for protecting elite soils

· lack of understanding of what ‘modal shift’ means, and suggestion modal shift is unrealistic for a large area like Franklin which will always have car dependent rural areas

· support for increased canopy cover, including in rural areas

· support for improved water quality and waterway function

· mixed feelings about a local response to climate change.

Table 4. Question and feedback: Our Places

SCP Question: Our places - objectives:

· local public places are future-proofed, fit for purpose and financially sustainable

· develop community facilities where there is a community service deficit

· delivery of planned projects is accelerated in Pukekohe to meet demand from new residents.

Please share your thoughts on our ‘places’ objectives: do you support these objectives? Have we missed something? Do you have any other comments or suggestions?

Feedback indicated:

· support for communities to have facilities and services they need, in all areas of Franklin, not just Pukekohe

· concern about housing growth in Franklin proceeding without improvements to associated infrastructure, and without associated business/economic growth to support local employment

· many specific requests for new facilities and improvements to existing facilities

· many specific suggestions for improvements to road maintenance, public transport, footpaths, road safety and capacity, intersection improvements, and park and ride facilities

· need for youth spaces and places across Franklin (as well as activities).

· community opposition towards optimisation and divestment, including a petition (272 respondents) opposing the decision already made to divest Ardmore Hall and Bell Field.

Table 5. Question and feedback: Our Economy

SCP Question: Our economy - objectives:

· promote and support local Māori social enterprise and Māori entrepreneurial activities

· facilitate local economic development opportunities

· support representative business associations to leverage opportunity from growth

· growers and farmers are supported to promote rural south Auckland as the nation’s food bowl and thrive as a centre for primary production

· support the development of a sustainable visitor economy.

Please share your thoughts on our ‘economy’ objectives: do you support these objectives? Have we missed something? Do you have any other comments or suggestions?

Feedback indicated:

· preference to support all social enterprise and entrepreneurial activities

· support for local economic development and local employment

· growth in Franklin in housing has not been matched with growth in economy/business and local employment.

· agreement with support for growers and farmers, and that this means addressing council regulations and bureaucracy

· mixed support for a visitor economy.

Table 6. Question and feedback: Franklin Paths Network

SCP Question: Franklin Paths Network

We are developing a Franklin-wide paths programme so we can help our people to reduce their use of cars and adopt active transport. To help us decide what to do first, and understand how much money we will need to raise from a targeted rate, please tell us which three of the following initiatives are most important to you:

· new paths that make it easier and safer to walk and cycle to school

· new paths that make it easier and safer to walk and cycle to public transport hubs (train stations, bus and ferry terminals)

· new paths that connect residential areas with business areas making it safer and easier to commute to work

· longer inter-town and village paths providing mainly recreational and physical activity, with some commuting opportunities

· focused effort to improve the safety and accessibility of existing walking and cycling routes (eg pedestrian crossings, cycle lanes at intersections, plastic delineators)

· more funding and support for community groups that have or are planning to deliver their own path networks

· delivering priority routes from 1) Pukekohe-Paerata, 2) Waiuku, 3) Clarks Beach, Waiau Beach - Waiau Pa and 4) Pohutukawa Coast Paths Plans

· new paths in natural areas with a focus on recreation and connecting with nature

Do you have any other comments or ideas about paths?

Community feedback indicated:

· Council processes and consenting requirements should enable community led delivery of trails

· need to advocate for Auckland Transport and Auckland Council to work together to plan Active Transport beyond ‘commuting’ in high density urban areas.

· note that recreational trails are key to developing commuters of the future.

· cycling is not realistic active transport option given large distances in Franklin

· support for safe routes to get to school, and for natural paths in natural areas (eg gravel, not concrete)

· support for mapping and planning for Franklin-wide routes, particularly using legal access options, and before development occurs, including connections to the Waikato

· many specific route suggestions, and requests for new footpaths and footpath maintenance in specific locations

· some feedback that trails are a ‘nice to have’.

Table 7. Community investment

SCP Question: Community investment

The local board does not have enough budget to maintain all existing community facilities such as libraries, sports and recreation facilities, and community halls, or to deliver new ones for growing areas. We are reducing the number of council owned buildings and focusing investment in others so they are fit for purpose.

Please give us your ideas for how we can address this problem i.e. do you have any suggestions for council facilities that could be closed, sold (with funds reinvested in similar facilities elsewhere) or taken over and funded by another group?

Community feedback indicated:

· existing libraries, service centres, community spaces, sports facilities, pools and playgrounds are highly valued by the community

· council facilities in rural and isolated area are vital to those small communities, particularly in Kawakawa Bay and Orere Point

· frustration at the delay in divesting Bombay Hall to the community

· some limited general support selling facilities that are not wanted by locals

· specific suggestions included:

o selling the residential house at 57 Monument Rd, Clevedon, and reinvesting the proceeds into the Clevedon sports fields (including drainage, lighting, cricket pitch)

o selling the Pukekohe Borough Council building

o expression of interest to purchase the land at Navigation Homes Stadium, Pukekohe.

Table 8. Question and feedback: Overall

SCP Question:

Overall, do you think our plan reflects your needs and aspirations for our community over the next three years?

· Yes

· No

· I don’t know

· Other, please specify:

Community feedback included comments about:

· the draft plan itself – length, use of te reo Māori (rangatahi, whenua), lack of detail or budget, council jargon (modal shift), lack of transparency

· consultation methods – need for verbal feedback opportunities for people who are not comfortable in formal meetings or with online feedback, older people need roadside signage, posters, information papers. Target groups (in the plan) are those that need different consultation methods

· need to be more active in engaging with youth – suggestion that current meeting times reduces ability for community to engage

· local board needs to be more practical and only include things in the plan that can actually be implemented or influenced

· challenges with receiving council communications – in rural areas and for older people who are not online, don’t receive local papers, and don’t know what QR codes are; for some people the only way to connect with them is through a letter in the post

· how council functions – it is not looking after citizens; staff perceived to be obstructive; individual people have no power, need political action to get action

· lack of financial detail in the plan, lack of accountability, and that the local board should do more to hold staff and contractors to account eg Citycare.

Feedback from organisations

22. Submissions were received from the following Franklin based organisations:

· Auranga Residents Association

· Āwhitu Landcare

· Buckland Community Centre Inc

· Clarks Beach Yacht Club

· Clarks Beach Public Wharf Society

· Counties Manukau Rugby Football Union

· Franklin Youth Advisory Board

· Grahams Beach Ratepayers

· Kawakawa Bay Community Association

· Pukekohe Business Association

· Pukekohe Swimming Club

· Waiuku Business and Development Association

· Waiuku Estuary Restoration Trust Inc (Mudlarks)

· Strategic Environments

· Ramarama Ratepayers and Residents Association

· Waiuku Community Environmental Sports Hub

23. Submissions were also received from organisations beyond Franklin:

· Bike Auckland

· Big Street

· Civic Trust Auckland

· CLM Community

· Community Groups Feeding the Homeless

· Community Cat Coalition

· Royal Forest and Bird Protection Society of New Zealand Inc

· The Tree Council

· New Zealand Police – Counties Manukau

· Disabled Persons Assembly

· Lions Te Kauwhata and Districts

Publishing the results of public consultation

24. To conclude the consultation phase of the local board plan development, staff recommend that the local board receive the submissions and feedback for consideration.

25. All feedback is available on the Auckland Council website at https: akhaveyoursay.aucklandcouncil.govt.nz/local-board-plans-2023-feedback

26. The Summary of Feedback attachment report will also be available with the Franklin Local Board business meeting minutes and on the AK Have your say website.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27. Receiving the submissions and feedback has a neutral climate impact. The submissions are available online to reduce the printing of hard copies.

28. The draft Franklin Local Board Plan 2023 contained a specific Climate Action section, focusing on the scope of challenges posted by climate change.

29. Feedback indicated mixed support for climate change initiatives, with suggestions this is a central government function and that the benefits of local initiatives are not measurable. It was suggested that climate change initiatives need to focus not just on communities, but also business and growers, to lower emissions, and educate about future climate change risk and potential impacts on the local economy.

30. The climate impact of any initiatives the Franklin Local Board chooses to progress will be assessed as part of the relevant reporting requirements and project management processes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. Workshops were held with the board and the board had the opportunity to attend briefings on a range of topics including community investment, Māori outcomes, local economy and climate action. Written advice was also provided to the board on a number of topics including strategic context and environmental services.

32. Subject matter experts from across the council, Auckland Transport and Tātaki Auckland Unlimited were also given the opportunity to peer review the draft local board plan and provide advice.

33. Staff will work closely with the local board in the development of the final plan.

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

Local impacts and local board views

34. The Franklin Local Board should consider all submissions and feedback to the draft Franklin Local Board Plan 2023 prior to adopting the final local board plan in October 2023. Any changes and/or responses to feedback will be detailed in the report to adopt the plan.

35. Feedback received from community in the Annual Budget consultation was used to shape the draft plan.

Tauākī whakaaweawe Māori

Māori impact statement

36. The draft Franklin Local Board Plan 2023 was developed with consideration given to existing feedback from mana whenua and mataawaka. This included seeking their views and values throughout the development of the local board plan 2023.

37. Two online information sessions for mana whenua were held on on 8^thand 13^th June 2023. These sessions provided an opportunity for mana whenua to hear about Local Board Plans, hear how the perspective of Māori could be reflected through their input, and be advised of the feedback process and timelines.

38. Mana whenua organisations were asked which (of the 21) draft Local Board Plans they wanted to review, and those requested were shared, along with tailored feedback forms.

39. The Franklin draft Local Board Plan was shared with Ngai Tai Ki Tāmaki, Ngāti Tamaoho, Te Akitai Waiohua, Ngāti Te Ata Waiohua, Ngāti Paoa Trust Board, Ngaati Whanaunga, and Ngāti Tamaterā.

40. Waikato-Tainui suggested that engagement was best through local marae.

41. The five southern local boards (Papakura, Manurewa, Franklin, Māngere-Otahuhu, Ōtara-Papatoetoe) and mana whenua collectively discussed local board plans at Ara Kōtui hui on 6^th June and 8^th August 2023.

42. Ngāti Tamaoho feedback included:

· more specific reference to Te Tiriti and the principle of partnership between mana whenua and local boards is needed

· refer specifically to mana whenua, not just Māori in general. There needs to be a distinction.

· reference to kaitiaki needs to reference mana whenua

· mana whenua marae need support to be resilient community hubs, and would like to see this specifically referred to in the plan

· would like to see more Ngāti Tamaoho projects referenced in the plan

· would like to partner on developing a local response to climate change

· better outcomes can be achieved by strengthening relationships through better communication, working together for shared outcomes and sharing information.

43. Ngaati Whanaunga suggested that welcoming new people into communities could be something that could be worked on together.

44. The board attended the Huakina Marae Forum to present the draft plan and receive feedback, and this was followed up with an additional hui between staff and the chair of the Huakina Marae Forum.

45. Feedback from this forum included:

· overarching priorities are to see and hear te reo Māori, health and well-being of our Māori people and a clean environment, and these are linked holistically – a clean environment supports the health of people

· suggest the plan needs to reflect a holistic te ao way of thinking – physical, mental, social, spiritual aspects are all interconnected

· wanting to see Māori representation on the local board, and for the local board to have an enduring relationship through regular hui – reinstate the relationship that Franklin District Council used to have with Huakina

· there is a need for spaces and places for rangatahi in Pukekohe

· disconnect between local and central government – everything council does impacts on what Huakina deals with

· Local board may not have a direct role in things like housing and education, however should these apply as a lens over the draft Local Board Plan – how will this plan contribute to, or be detrimental to, health and well-being of the environment and people?

· community gardens are a priority

· walkways are not a high priority, other than as a means of telling stories and our history.

46. Nine submissions were received from individuals identifying as Māori, comprising 6% of submissions overall.

Ngā ritenga ā-pūtea

Financial implications

47. There are no direct financial implications associated with receiving the submissions and feedback.

48. The budget to implement initiatives and projects is confirmed through the annual plan budgeting process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. The local board will consider all submissions and feedback before making changes to the draft Franklin Local Board Plan 2023.

Ngā koringa ā-muri

Next steps

50. The submissions and feedback are available on the Auckland Council AK Have Your Say website.

51. The Franklin Local Board will adopt the Franklin Local Board Plan 2023 on 24 October 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Local Board Plan 2023 Summary Feedback Report Template	51

Ngā kaihaina

Signatories

Authors	Lucy Stallworthy - Senior Māori Outcomes and Engagement Advisor
Authorisers	Georgina Gilmour - Senior Local Board Advisor

Franklin Local Board

12 September 2023

Government Policy Statement on Land Transport 2024

File No.: CP2023/12896

Te take mō te pūrongo

Purpose of the report

1. To seek feedback on the proposed direction of the 2024 draft Government Policy Statement on Land Transport 2023/24-2033/34 (draft GPS 2024).

Whakarāpopototanga matua

Executive summary

2. The Ministry of Transport has released the draft Government Policy Statement on Land Transport 2023/24-2033/34 (draft GPS 2024) for public consultation.

3. The draft GPS 2024 sets out the priorities for a 10-year period to 2034 and is updated every three years. It outlines what the government wants to achieve in land transport, and how it expects to see funding allocated between types of activities across the land transport system.

4. The draft GPS 2024 identifies six strategic priorities that the government wants its investment programme to achieve:

Maintaining and Operating the System: Focuses on efficiently maintaining the condition of the existing transport system to meet the current and future needs of users.

Increasing Resilience: Aims to enhance the transport system's ability to withstand natural and human-made hazards.

Reducing Emissions: Aims for a transition to a lower carbon transport system to address climate change.

Safety: Aims to significantly improve safety across all modes of transportation.

Sustainable Urban and Regional Development: Aims to provide accessible and reliable transport options to support social, cultural, and economic opportunities. Also emphasizes developing low-emission transport and reducing congestion.

Integrated Freight System: Focuses on designing and operating efficient, resilient, and low-carbon transport corridors and hubs to support economic activities.

5. The draft GPS proposes an increase in National Land Transport Fund (NLTF) revenue from $15.5 billion in 2021/22-2023/24 to $20.8 billion in 2024/25- 2026/27, an increase of $5.3 billion (34 per cent).

6. Submissions are due on Friday 15 September 2023, which is after Parliament rises for the 2023 General Elections. Submissions will therefore be received by the incoming government, and it is likely that changes will be made to the GPS 2024 as a result.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakarite / provide feedback on the proposed direction of the draft Government Policy Statement on Land Transport 2024.

Horopaki

Context

7. The draft GPS 2024 outlines what the government wants to achieve in land transport, and how it expects to see funding allocated between types of activities (for example, roading, public transport and road safety) across the land transport system. The GPS 2024 sets out the priorities for a 10-year period to 2034 and is updated every three years. Auckland Council made a submission on the GPS 2021 in May 2020.

Discussion
Summary of strategic priorities

8. The draft GPS 2024 identifies six strategic priorities that the government wants its investment programme to achieve (Attachment A):

· Maintaining and operating the system – the condition of the existing transport system is efficiently maintained at a level that meets the current and future needs of users.

· Increasing resilience – the transport system is better able to cope with natural and anthropogenic hazards.

· Reducing emissions – transitioning to a lower carbon transport system.

· Safety – transport is made substantially safer for all.

· Sustainable urban and regional development – people can readily and reliably access social, cultural, and economic opportunities through a variety of transport options. Sustainable urban and regional development is focused on developing resilient and productive towns and cities that have a range of low-emission transport options and low congestion.

· Integrated freight system – well-designed and operated transport corridors and hubs that provide efficient, reliable, resilient, multi-modal, and low carbon connections to support productive economic activity.

Discussion of strategic priorities

9. The government’s priorities for GPS 2021 are safety; better travel options; improving freight connections; and climate change. An overview of the draft GPS and related documents can be found here.

10. The draft GPS 2024 removes the specific priority around travel options with this largely, although less explicitly, being incorporated into the urban development strategic priority.

11. Sustainable urban and regional development is a new strategic priority in the draft GPS 2024. Previously, economic and development objectives were less explicit and were spread across the freight and travel options priorities.

12. Maintaining and operating the system is also a new priority. In contrast to GPS 2021 which emphasises transformation (as opposed to “business as usual”), the draft GPS 2024 seeks to boost funding for maintenance to address what it sees as significant under-investment.

13. The climate change priority in GPS 2021 has been separated into two components, reflecting the need to both mitigate (reducing emissions) and adapt to climate change and other events (increasing resilience).

14. The priorities guide investment decisions by Waka Kotahi NZ Transport Agency (Waka Kotahi) and the crown.

Summary of GPS funding

15. The draft GPS proposes an increase in NLTF revenue from $15.5 billion in 2021/22-2023/24 to $20.8 billion in 2024/25- 2026/27, an increase of $5.3 billion (34 per cent).

16. This requires a funding package of $7.7 billion, because revenue over 2021/22-2023/24 was augmented by a $2 billion Crown loan.

17. The proposed between $7-8 billion funding package is made up of:

· Increases in fuel taxes over three years ($1.4 billion)

· Crown grants of $2.9 billion, including $500 million from the Climate Emergency Recovery Fund (CERF), which would be added to the walking and cycling activity class

· Hypothecating traffic infringement fee revenue to the NLTF to increase the safety activity class

· A $3.1 billion Crown loan.

18. Key changes in activity class allocations include:

· The public transport services activity class increases by 50 per cent

· The local road maintenance and renewals activity class increases by 35 per cent

· The safety activity class decreases by 37 per cent. Note that this is due to the reallocation of funding for safety related infrastructure improvements to the State Highway and Local Road Maintenance activity classes. The government expects this will enable safety improvements to be delivered as part of a wider improvement programme.

Strategic Investment Programme

19. The draft GPS 2024 also sets out a series of projects that the government considers strategically important for the development of New Zealand’s transport system in the coming decades. Projects identified in the Auckland region are:

· Warkworth to Whangārei – State Highway 1

· Auckland Northwest Rapid Transit

· Auckland rail third and fourth Mains Expansion

· Avondale to Onehunga rail link

· Level Crossing Upgrade and Removal Programme.

20. The Waka Kotahi Board approves projects funded from the NLTF, but by highlighting these projects, the government expects that their strategic importance will be given particular consideration during the development of the National Land Transport Plan.

Auckland Council submission process

21. The Ministry of Transport has provided four weeks for consultation on the draft GPS 2024, with submissions closing on Friday, 15 September 2023.

22. Auckland Council staff will draft the submission, with input from AT. Because submissions close before the next Transport & Infrastructure Committee meeting on 21 September, staff will propose that members of the Governing Body and representatives of the AT Board and IMSB, be given delegation to approve the submission.

23. A report summarising the draft GPS 2024 and proposing approval delegations to a sub-committee will be presented to the Governing Body at its next meeting on 24 August 2023.

Government consideration of feedback

24. The delay in publication of the draft GPS 2024 means that the consultation period overlaps with Parliament rising on 31 August 2023, in the lead-up to the 14 October 2023 General Election. This means that feedback will be received by the next government.

25. The Green, National and Act parties have all identified different transport priorities to those outlined in the draft GPS 2024. Changes, potentially of a substantial nature, could be made by the incoming government. It is not clear whether an additional round of consultation will be held should substantive changes be made. Accordingly, staff advise proceeding on the assumption that this may be the only formal opportunity for council to provide feedback to the government on GPS priorities, issues and opportunities.

Ngā koringa ā-muri

Next steps

26. The timeframe for next steps in the submission process are set out in the table below:

Dates	Events
24 August	· Governing Body meets: o Approval sought to delegate approval of the submission to members of the Governing Body and representatives of the AT Board and IMSB
1 September	· Anticipated first draft to all elected members and IMSB members for feedback, and Local Board members for information and feedback
6 September	· Councillors and IMSB members feedback due
14 September	· Delegated group feedback on second draft due · Local Board views to append to Governing Body submission due
15 September	· Finalise submission · Delegated group approval · Lodge submission

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Draft Government Policy Statement on Land Transport 2024 (Under Separate Cover)

Ngā kaihaina

Signatories

Authors

Jacob van der Poel - Advisor Operations and Policy

Authorisers

Carol Hayward - Team Leader Operations and Policy

Louise Mason - General Manager Local Board Services

Georgina Gilmour - Senior Local Board Advisor

Franklin Local Board

12 September 2023

Local board feedback on Emergency Management Bill

File No.: CP2023/12938

Te take mō te pūrongo

Purpose of the report

1. To request local board input into the development of the Auckland Civil Defence Emergency Management Committee’s submission on the Emergency Management Bill.

Whakarāpopototanga matua

Executive summary

2. The Emergency Management Bill (the Bill) intended to replace the Civil Defence Emergency Management Act 2002 (CDEM Act) is open for submissions until 3 November 2023. The Civil Defence Emergency Management Committee will make a submission to the Bill.

3. Further to the Memo to Governing Body, local board members and Independent Māori Statutory Board dated 17 August, this report invites local boards to provide input into the development of the Committee’s submission. A high-level overview of the Bill is provided, and a more detailed summary of the Bill’s more significant changes is attached.

4. Decisions on the Bill, submissions to it and subsequent progress will be made by the government formed after the general election in October 2023.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakarite / provide input to the development of Auckland Council’s submission on the Emergency Management Bill.

Horopaki

Context

5. The Emergency Management Bill to replace the Civil Defence Emergency Management Act 2002 (CDEM Act) is open for submission until 3 November 2023 and can be accessed via legislation.govt.nz

6. The Bill is a part of the programme of policy work known as the Trifecta Work programme that arose out of the government’s response to the 2017 report of the Technical Advisory Group on Better Reponses to Natural Disasters and other Emergencies.

7. Comment is sought on the Bill as currently presented. Please note that decision-making on the progress of the Bill will be made by the government formed after the general election in October 2023.

Tātaritanga me ngā tohutohu

Analysis and advice

Emergency Management Bill

8. The Emergency Management Bill updates the emergency management system to improve performance, modernise the current legislative and regulatory framework, and acknowledge the importance of community resilience and preparedness. The Bill builds on the CDEM Act and:

· restructures the Bill to a more modern approach

· includes current provisions with minor amendment

· introduces new language and terminology, as a consequence of the shift from ‘Civil Defence Emergency Management’ to ‘Emergency Management’

· introduces more significant change consistent with the Technical Advisory Group’s recommendations and the government’s response.

A more modern Bill

9. The Bill is structured with parts and sub-parts (some accompanied with outlines of their contents) and makes extensive use of headings. Some sections of the CDEM Act are moved to the Schedules of the Emergency Management Bill.

Current provisions minorly amended

10. Much of the current CDEM Act is carried over with minor amendment. The placement of these clauses within the Bill’s structure means provisions carried over may be placed in a different order than they appeared in the CDEM Act.

Language and terminology

11. Changes to language and terminology appear throughout the Bill including:

New terminology	Outgoing terminology
Emergency Management	Civil Defence Emergency Management
Emergency Management Committee	Civil Defence Emergency Management Committee
Emergency Management Committee Plan	Civil Defence Emergency Management Committee Group Plan
Coordinating Executive	Coordinating Executive Group
Area Controller	Group Controller
Area Recovery Manager	Group Recovery Manager
emergency designation	a state of emergency or a transition period

More significant changes

12. The more significant changes introduced by the Bill are summarised briefly below, and in more detail in Attachment A.

Greater recognition of the role of Māori and enhancing Māori participation

13. The role of iwi and Māori has been increasingly recognised in the practice of emergency management since the Christchurch and Kaikoura earthquakes. The Bill recognises the role of iwi and Māori in emergency management at all levels, through representation, requiring each committee to improve its capability and capacity to engage with iwi and Māori, and making involvement consistent nationally.

Changes to the requirements regarding the Emergency Management Committee Plan (currently the Group Plan)

14. Emergency Management Committees will need to engage with representatives of disproportionately impacted communities (such as seniors and the disabled), iwi and Māori, and other people or groups as appropriate, before it approves a Plan. This is to encourage more proactive engagement with communities as a part of Plan development.

Critical infrastructure

15. New requirements are introduced in addition to changing the terminology from ‘lifeline utilities’ to ‘critical infrastructure’ entities/sector. The requirement to share information is made explicit for the purpose of the Bill. A new requirement to develop and publish the planned level of service during emergencies is introduced.

16. The provisions in the Bill are part of a wider policy development programme to develop a more resilient model led by the Department of Prime Minister and Cabinet, that recognises a broader range:

· of infrastructure (i.e. banks)

· of potential threats (i.e. cyberattack)

· and their dependencies and interdependencies.

The role of Emergency Management Committees compared to the functions and duties of local authority members of Emergency Management Committees

17. The Bill clarifies the different roles of Emergency Management Committees and local authorities. Some new requirements are added, and business continuity is provided for separately. The provisions are expressed in similar terms although the function and duties of local authorities are more oriented towards action.

Changes regarding emergency designation - State of Emergency and Notice of Transition Period

18. The term ‘emergency designation’ is introduced, meaning either a state of emergency or notice of transition. The Bill also requires the appointment of people able to declare a state of emergency or give a notice of transition period from the representatives on the Emergency Management Committee.

Regulations and Director’s rule-making powers

19. The Bill expands the range of matters regulations can be made for, including operational matters, infringement offences and breaches of rules. A new power is granted to the Director of the National Emergency Management Agency (NEMA) to make rules regarding roles and responsibilities in specific situations, technical standards, training, qualifications and other matters.

Infringements

20. The Bill sets up a framework for issuing, serving and payment of infringement notices for offences made under the regulation making powers of the Bill, for the purposes of the Bill.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. The definition of emergencies in the CDEM Act and the Bill includes naturally occurring emergencies such as severe weather and drought. It is widely anticipated that these types of emergencies will become more frequent and severe as a consequence of Climate Change.

22. The Bill updates the regulatory framework under the CDEM Act. Under the framework emergency management comprises the four R’s - Reduction, Readiness, Response and Recovery. Emergency management practice seeks to:

· reduce the risk from emergencies

· raise awareness of and preparedness for emergencies

· provide a platform for effective response to and recovery from emergencies.

23. The changes signalled by the Bill will be complemented by the review of the National Emergency Management Plan, the roadmap for the implementation of the National Disaster Resilience Strategy and the wider policy work related to infrastructure.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. The Bill and proposed changes to the framework for emergency management has implications across the Auckland Council group, due to our obligations as:

· managers of critical infrastructure

· providers of key information during emergencies

· potential staff to be redirected to support response and recovery activities.

25. Auckland Emergency Management is working with various parts of Auckland Council and CCO’s including Auckland Plan Strategy and Research, Healthy Waters, Local Board Services, Ngā Matarae, Auckland Transport and Watercare on the development of the submission to the Bill.

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

Local impacts and local board views

26. This report requests input from local boards into the development of the Civil Defence Emergency Management Committee’s submission on the Bill.

Tauākī whakaaweawe Māori

Māori impact statement

27. There is a high level of interest amongst iwi and Māori. NEMA has held several national hui. Similarly, engagement with marae and related discussions indicate an awareness and interest.

28. We have written to iwi and Māori to encourage them to both make their own submission on the Bill and provide comment or feedback that can be reflected in the development of Auckland Council’s submission. If there is interest, a hui on this topic may be held.

Ngā ritenga ā-pūtea

Financial implications

29. The changes signalled in the Bill will require amended or additional processes and practices and introduce additional cost across the emergency management system, it is uncertain when they will arise.

30. It is also unclear how such costs will fall between participating Emergency Management Committees, local authorities, ratepayers, critical infrastructure entities and sectors, their shareholders and consumers. There may also be implications for capacity amongst participants across the emergency management system, critical infrastructure entities and sectors.

31. The full financial and resource implications may not be known until the Bill is enacted, the National Emergency Management Plan reviewed, the roadmap for the implementation of the National Disaster Resilience Strategy completed and critical infrastructure policy confirmed. These programmes will be subject to the decision-making of the government to be formed after the General Election in October 2023.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. The general direction of policy on which the Bill is based has been signalled for some time. The submission process is the most effective means of managing risk of unfavourable change.

Ngā koringa ā-muri

Next steps

33. A workshop of the Civil Defence Emergency Management Committee to consider the recommendations of the draft submission is scheduled for 18 October 2023. Materials will be circulated to Committee members in preparation for the workshop.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Summary of the Emergency Management Bill's more significant changes	87

Ngā kaihaina

Signatories

Authors

Wayne Brown - Principal Recovery Advisor

Authorisers

Paul Amaral - General Manager Auckland Emergency Management

Louise Mason - General Manager Local Board Services

Georgina Gilmour - Senior Local Board Advisor

Chairperson	Angela Fulljames
Deputy Chairperson	Alan Cole
Members	Malcolm Bell JP
	Sharlene Druyven
	Gary Holmes
	Amanda Hopkins
	Andrew Kay
	Amanda Kinzett
	Logan Soole