Agenda of Upper Harbour Local Board - Thursday, 14 September 2023

1 Nau mai | Welcome

The Chairperson A Atkinson will open the meeting with a Karakia.

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Upper Harbour Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 24 August 2023, as a true and correct record.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Forest and Bird North Shore Branch - Local Board Plan Submission

Te take mō te pūrongo

Purpose of the report

1. To receive an update from Forest and Bird North Shore on their Local Board Plan submission.

Whakarāpopototanga matua

Executive summary

2. Lynley Hunter, Working Group Chair, and John Brown, Working Group Member, representing Forest and Bird North Shore will be in attendance to provide an update on their Local Board Plan submission, focusing on the importance of putting nature at the front of all decisions and working collaboratively with other local boards.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the deputation from Lynley Hunter, Working Group Chair, and John Brown, Working Group Member, on behalf of Forest and Bird North Shore and thank them for their attendance and presentation.

9 Te Matapaki Tūmatanui | Public Forum

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

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

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Upper Harbour Local Board

14 September 2023

Upper Harbour Local Board Annual Report 2022/2023

File No.: CP2023/12461

Te take mō te pūrongo

Purpose of the report

1. To seek local board adoption of the 2022/2023 Annual Report for the Upper Harbour Local Board, prior to it being adopted by the Governing Body on 28 September 2023.

Whakarāpopototanga matua

Executive summary

2. The Auckland Council Annual Report 2022/2023 is being prepared and needs to be adopted by the Governing Body by 28 September 2023. As part of the overall report package, individual reports for each local board are prepared.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whai / adopt the draft 2022/2023 Upper Harbour Local Board Annual Report as set out in Attachment A to the agenda report.

b) tuhi ā-taipitopito / note that any proposed changes after the adoption will be clearly communicated and agreed with the chairperson before the report is submitted for adoption by the Governing Body on 28 September 2023.

Horopaki

Context

3. In accordance with the Local Government (Auckland Council) Act 2009 and the Local Government Act 2002, each local board is required to monitor and report on the implementation of its Local Board Agreement. This includes reporting on the performance measures for local activities and the overall funding impact statement for the local board.

4. In addition to the compliance purpose, local board annual reports are an opportunity to tell the wider performance story with a strong local flavour, including how the local board is working towards the outcomes of their local board plan.

Tātaritanga me ngā tohutohu

Analysis and advice

5. The annual report contains the following sections:

Section	Description
Mihi	The mihi is an introduction specific to each local board area and is presented in Te Reo Māori and English.
About this report	An overview of what is covered in this document.
Message from the chairperson	An overall message introducing the report, highlighting achievements and challenges, including both financial and non-financial performance.
Local board members	A group photo of the local board members.
Our area – projects and improvements	A visual layout of the local board area summarising key demographic information and showing key projects and facilities in the area.
Performance report	Provides performance measure results for each activity, providing explanations where targeted service levels have not been achieved. Includes the activity highlights and challenges.
Our performance explained	Highlights of the local board’s work programme which contributed to a performance outcome
Local flavour	A profile of either an outstanding resident, grant, project or facility that benefits the local community.
Funding impact statement	Financial performance results compared to long-term plan and annual plan budgets, together with explanations about variances.

Tauākī whakaaweawe āhuarangi

Climate impact statement

6. The council’s climate change disclosures are covered in volume four of the annual report and sections within the summary annual report.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

7. Council departments and council-controlled organisations comments and views have been considered and included in the annual report in relation to activities they are responsible for delivering on behalf of local boards.

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

Local impacts and local board views

8. Local board feedback will be included where possible. Any changes to the content of the final annual report will be discussed with the chairperson.

Tauākī whakaaweawe Māori

Māori impact statement

9. The annual report provides information on how Auckland Council has progressed its agreed priorities in the Long-term Plan 2021-2031 over the past 12 months. This includes engagement with Māori, as well as projects that benefit various population groups, including Māori.

Ngā ritenga ā-pūtea

Financial implications

10. The annual report provides a retrospective view on both the financial and service performance in each local board area for the financial year 2022/2023.

11. There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

12. The annual report is a legislatively required document. It is audited by Audit New Zealand who assess if the report represents information fairly and consistently, and that the financial statements comply with accounting standard PBE FRS-43: Summary Financial Statements. Failure to demonstrate this could result in a qualified audit opinion.

13. The annual report is a key communication to residents. It is important to tell a clear and balanced performance story, in plain English and in a form that is accessible, to ensure that council meets its obligations to be open with the public it serves.

Ngā koringa ā-muri

Next steps

14. The next steps for the draft 2022/2023 Annual Report for the local board are:

· Audit NZ review during August 2023 and September 2023

· report to the Governing Body for adoption on 28 September 2023

· release to stock exchanges and publication online on 29 September 2023

· physical copies provided to local board offices, council service centres and libraries by the end of October 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Draft Upper Harbour Local Board Annual Report (2022/2023).	13

Ngā kaihaina

Signatories

Authors

Hao Chen - Senior Finance and Performance Advisor

Authorisers

Mark Purdie - Lead Financial Advisor

Matthew Kerr – Acting Local Area Manager

Upper Harbour Local Board

14 September 2023

Submissions and feedback on the draft Upper Harbour Local Board Plan 2023

File No.: CP2023/12834

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 Upper Harbour 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 to engage with its communities.

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

4. A total of 541 pieces of stakeholder and community feedback was received for the Upper Harbour Local Board, including 113 submissions through the online survey tool, 304 hard copy submissions, 114 email submissions and 10 pieces of feedback through the Have Your Say event.

5. No feedback has been received from mana whenua or mātāwaka on the draft Upper Harbour Local Board Plan 2023.

6. Staff are preparing a Summary of Feedback report summarising the results of the consultation. At the time of creating the agenda the final summary of feedback report was not available and will be tabled at the business meeting.

7. All feedback submissions including the summary of feedback report will also be available on the Auckland Council website at akhaveyoursay.aucklandcouncil.govt.nz/local-board-plans-2023-feedback.

8. A high-level summary of the feedback and submissions includes the following information and themes:

· 77 per cent of submissions by individuals and 82 per cent of submissions by organisations who answered question one indicated they strongly agree with the plan or mostly agree with the plan.

· 8 per cent of submissions by individuals and 13 per cent of submissions by organisations who answered question one indicated they strongly disagree with the plan or mostly disagree with the plan.

· 32 per cent of submissions by individuals and 67 per cent of submissions by organisations selected “yes” when answering question two – Do you think there is anything crucial missing from our draft plan that should be included?

· 42 per cent of submissions by individuals and 33 per cent of submissions by organisations selected “no” when answering question two – Do you think there is anything crucial missing from our draft plan that should be included?

· Key themes from the feedback included:

o general support and approval of the plan

o support for more social activities, events and opportunities for the community to connect:

o support for initiatives that create inclusive and diverse communities

o a preference to prioritise initiatives that address climate change and support long term sustainability

o support for better community facilities, amenities and public spaces support for improved transport options, infrastructure and connections

o strong public demand for infrastructure, services and improvement in Whenuapai

o support for Auckland Council acquiring more land

o support for more emphasis on supporting the local economy.

9. The Upper Harbour Local Board should consider the submissions and feedback 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.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive submissions and feedback on the draft Upper Harbour Local Board Plan 2023 as outlined in the summary of feedback report tabled at the meeting

b) consider feedback when finalising the Upper Harbour Local Board Plan 2023

Horopaki

Context

10. 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.

11. On 22 June 2023, Upper Harbour Local Board approved the draft Upper Harbour Local Board Plan 2023 for public consultation.

12. Early engagement with the community helped inform the draft local board plan as did feedback from the Annual Budget 2023/2024 consultation.

13. The key features of the draft Upper Harbour Local Board Plan 2023 were:

· Māori Outcomes - Māori outcomes are the way Auckland Council supports Māori aspirations and responds to council’s legislative obligations and to extensive engagement with Auckland’s Māori communities.

· Climate Action - Local boards have an important role to play in leading and supporting Auckland’s response to the climate emergency, including supporting regional climate plan initiatives, integrating climate awareness into all decisions including community investment.

· Our People - Our goal is to create an inclusive and connected community, adapting to the changing needs of our growing diverse population and ensuring everyone has a voice in decisions that affect them.

· Our Environment - Upper Harbour is an area with unique natural landscapes. We will continue to work alongside our volunteers and community to enhance and protect our natural environment.

· Our Community - Our commitment is to provide access to well-maintained sports fields, parks, coastal amenities, and community facilities for everyone.

· Our Places - With better planning and appropriate infrastructure, we aspire to create an area that allows our residents to easily connect between each other and within their neighborhoods.

· Our Economy - We will continue to support our local businesses and communities to create a thriving, resilient and sustainable economy.

How we consulted

14. The consultation was held between 13 July 2023 and 14 August 2023. A communications campaign encouraged people to “Help Shape the Future’ of the Upper Harbour Local Board area and to “Tell us what’s important”. This was promoted through libraries and council facilities, media channels, social media and other activities.

15. Staff have prepared a communications report (Attachment A) which summarises the communication campaign.

16. 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: One face-to-face engagement event (spoken interaction) was held on 7 August 2023 at the Albany Village Hall.

· Translations: the summary of the draft plan was translated into the following languages for the Upper Harbour Local Board: Chinese and Korean. Some information was also available in Te Reo Māori and New Zealand Sign Language through the Ak Have Your Say website.

17. The following community partners held events to support the consultation:

· ActivAsian

· Harbour Sport

· Meadowood Community House

· Hobsonville Community Trust

· Whenuapai Ratepayers and Residents Association

· Herald Island Residents' and Ratepayers Association

· Paremoremo Residents and Ratepayers Association

· Upper Harbour Youth Council

· Albany Village library

18. In response, the local board received a total of 541 pieces of feedback as follows:

· 113 submissions through the online survey tool

· 304 hard copy submissions

· 114 email submissions

· 10 pieces of feedback via Have Your Say events.

19. Of the 541 pieces of feedback; 100 valid submissions were received during the consultation period that were managed through the Whenuapai Ratepayers & Residents (R&R) Association. The Whenuapai R&R oversaw a community led survey that was completed via an external webpage and then sent to the Whenuapai R&R and to Auckland Council.

20. The survey produced and shared by the Whenuapai R&R included the three approved Upper Harbour Local Board consultation questions and an additional five questions included by the Whenuapai R&R.

21. The additional five questions have been incorporated into question three of the Auckland Council submission form and have contributed towards the overall data analysis and theming of all submissions received.

22. The survey questions produced by the Whenuapai R&R can be found in attachment B of the agenda report for reference.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of consultation feedback

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

24. Staff are preparing a Summary of Feedback report summarising the results of the consultation. This was not available at the time of creating the agenda and will be tabled at the meeting. The key messages of the report are described in Table 1 below.

Table 1: Summary of themed feedback

Consultation question

Themed feedback

Do you think our draft plan reflects the needs and aspirations for our community over the next three years?

· general support and approval of the plan

· support for outcomes that contribute to thriving communities

· support for more intergenerational activities

· support for initiatives that create inclusive and diverse communities

· support for aspects of the plan that increase the focus and delivery of environmental and climate action

· support for opening up/more access to community spaces

· support for improved transport options and infrastructure

· views that there is too much focus on unimportant initiatives

Do you think there is anything crucial missing from our draft plan that should be included?

· support for more initiatives that support the elderly community

· support for increased crime prevention and community security initiatives

· support for Increased support for ethnic minority groups

· support for greater emphasis on climate action goals

· support for more community facilities/ amenities/ services

· support for better access to a library and better library facilities

· support for greater access to swimming pools

· support for more sports and recreational facilities

· support for more playgrounds

· support for more public parks and improvements to existing sites

· support for better basic infrastructure

· support for better transport options and infrastructure

· strong public support for infrastructure, services and improvements in Whenuapai

Do you have any other feedback on our draft plan?

· support for more social activities, events and opportunities for the community to connect

· support for educational/practical skills classes

· support for Auckland Council acquiring more land

· support for more emphasis on supporting the local economy

Publishing the results of public consultation

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

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

27. The Summary of Feedback report (to be tabled) will also be available on the AK Have your say website.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

29. The draft Upper Harbour Local Board Plan 2023 contained a specific Climate Action section, focusing on the scope of challenges posted by climate change. It considered such impacts as increasing temperatures, rising sea levels and changing rainfall patterns on the local board area.

30. An overview of submissions and feedback relating to climate impacts includes:

· support for the prioritisation of environmental initiatives

· support for restoration and preservation of forests and green spaces

· support for climate action initiatives

· support for initiatives that protect and improve the natural environment.

31. The climate impact of any initiatives the Upper Harbour 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

32. Workshops were held with the local board and the local 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 local board on a number of topics including strategic context and environmental services.

33. 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.

34. 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

35. The Upper Harbour Local Board should consider all submissions and feedback to the draft Upper Harbour 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.

36. The following local community groups were involved through the consultation period:

· ActivAsian

· Harbour Sport

· Meadowood Community House

· Hobsonville Community Trust

· Whenuapai Ratepayers and Residents Association

· Herald Island Residents' and Ratepayers Association

· Paremoremo Residents and Ratepayers Association

· Upper Harbour Youth Council

· Albany Village library

Tauākī whakaaweawe Māori

Māori impact statement

37. The draft Upper Harbour 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.

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

39. 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.

40. Ngāti Manuhiri, Rūnanga o Ngāti Whātua and Te Kawerau a Maki requested and were provided with a copy of the draft Upper Harbour Local Board plan. A copy of the Māori Outcome summary for Upper Harbour was also provided to Ngāti Manuhiri and Te Kawerau a Maki.

41. Ngati Whatua o Kaipara requested a meeting to be held prior to any of the local boards providing their draft plan. To date this meeting has not been able to be scheduled.

42. Ngāti Manuhiri have indicated an interest in meeting with several local boards at an officer level and this work towards scheduling this meeting is underway.

43. 13 submissions out of the 411 that provided ethnicity data were received from those identifying as Māori, comprising 3% of submissions overall.

44. No feedback has been received from mana whenua or mātāwaka on the draft Upper Harbour Local Board Plan.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47. The Upper Harbour Local Board will consider all submissions and feedback before making changes to the draft Upper Harbour Local Board Plan 2023.

Ngā koringa ā-muri

Next steps

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

49. The Upper Harbour Local Board will adopt the Upper Harbour Local Board Plan 2023 at the 26 October 2023 business meeting.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Local Board Plans - Upper Harbour Local Board Communications Reporting 13 July – 14 Aug	33
b ⇩	Whenuapai Ratepayers & Residents (R&R) Association Community Survey - Upper Harbour Local Board Plan 2023	39

Ngā kaihaina

Signatories

Authors	Robert Marshall - Local Board Advisor
Authorisers	Matthew Kerr – Acting Local Area Manager

Upper Harbour Local Board

14 September 2023

Variations to the Upper Harbour Local Board 2023/2024 work programme - September 2023

File No.: CP2023/11120

Te take mō te pūrongo

Purpose of the report

1. To approve variations to the Upper Harbour Local Board 2023/2024 work programme.

Whakarāpopototanga matua

Executive summary

2. The Upper Harbour Local Board approved the 2023/2024 Customer and Community Services work programme (resolution number UH/2023/80) and 2023/2024 Infrastructure and Environmental Services 2023/2024 work programme (resolution number UH/2023/81) on 27 July 2023.

3. At the time of approving the Upper Harbour Local Board 2023/2024 work programmes on the 27 July 2023, the local board had a remaining balance $50,000 of unallocated Locally Driven Initiatives operating funding for the 2023/2024 financial year.

4. At a workshop held on 3 August 2023 the local board provided initial direction and sought further officer advice on projects that can be delivered in the 2023/2024 financial year with the remaining unallocated $50,000 budget.

5. This report provides the opportunity for the local board to consider allocation of the remaining $50,000 budget for the 2023/2024 financial year.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whakaae / approve the allocation of the remaining $50,000 Locally Driven Initiatives operational budget for 2023/2024 financial year to the following activities in the Upper Harbour Local Board 2023/2024 Customer and Community Services work programme:

Activity ID	Activity Name	Additional funding
403	Māori responsiveness Upper Harbour	$10,000
1013	UH Activation of parks, places and open spaces	$5,000
400	Youth: youth leadership and capacity building Upper Harbour	$5,000
410	Community grants Upper Harbour	$30,000
	Total allocation	$50,000

Horopaki

Context

6. Each year, the local board decides which activities to allocate its annual budget toward through a series of workshops. The local board feedback in these workshops informed the development of the 2023/2024 Customer and Community Services (CCS) work programme and the 2023/2024 Infrastructure and Environmental Services (I&ES) work programme.

7. The Upper Harbour Local Board approved the 2023/2024 CCS work programme (resolution number UH/2023/80) and 2023/2024 I&ES work programme (resolution number UH/2023/81) on 27 July 2023.

8. At the time of approving the Upper Harbour Local Board 2023/2024 work programmes, the local board had a remaining balance $50,000 of unallocated Locally Driven Initiatives operating (LDI Opex) funding for the 2023/2024 financial year.

9. At a workshop held on 3 August 2023 the local board provided initial direction and sought further officer advice on projects that could be delivered in the 2023/2024 financial year with the remaining unallocated $50,000 LDI Opex budget.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The activities listed in Table 1 have been identified as potential options for the local board to consider allocating the remaining LDI Opex towards:

Activity ID	Activity Name	Already approved funding 2023/2024	Recommended additional funding to be considered for allocation	Final total recommended budget for 2023/2024
403	Māori responsiveness Upper Harbour	$10,000	$10,000	$20,000
N/A	NEW: Te Kete Rukuruku Programme	$0	$0	$0
1013	UH Activation of parks, places and open spaces	$25,000	$5,000	$30,000
400	Youth: youth leadership and capacity building Upper Harbour	$40,000	$5,000 For arts project with Youth Council	$45,000
410	Community grants Upper Harbour	$100,000	$30,000	$130,000
N/A	New: Changing legal status at Waimarie Road	$0	$0	$0
		Total recommended allocation	$50,000

Table 1: options to be considered for allocating remaining $50,000 LDI Opex

Activity ID 403 – Māori responsiveness Upper Harbour

11. The local board are committed to developing meaningful relationships with Māori and seek to work with mana whenua that have an interest in the Upper Harbour area to respond to their aspirations.

12. At the 27 July 2023 business meeting the local board approved $10,000 LDI Opex for the 2023/2024 financial year for Māori responsiveness.

13. This funding will support local Māori to deliver initiatives that support social and economic outcomes, build relationships and share local Māori history and information with the community, which could include engagement and meaningful kōrero with local iwi.

14. An additional allocation of $10,000 LDI Opex towards this activity would support the delivery of these outcomes and meet both local Māori and local board aspirations in 2023/2024.

New Project: Te Kete Rukuruku programme

15. A key initiative in the current Upper Harbour Local Board Plan 2020 is to “partner with mana whenua to delivery initiatives that celebrate Māori identity and culture, for instance through local story telling”.

16. The local board recognise there are significant cultural histories and narratives associated with parks in the Upper Harbour local board area and would like to work with iwi to capture and share these stories.

17. To support this the local board have requested advice from staff on Te Kete Rukuruku, which is a culture and identity programme led by iwi in partnership with Council and local boards collecting and sharing the stories of Māori.

18. Staff do not recommend allocating funding towards this programme until advice has been provided to the local board for consideration including scope, options, deliverables, and timeframes.

19. A workshop with the local board to provide information and advice on this programme has been scheduled for October 2023.

Activity ID 1013 – UH Activations of parks, places, and open spaces

20. At the 27 July 2023 business meeting the local board approved $25,000 LDI Opex for the 2023/2024 financial year for activation of parks, places, and open spaces.

21. This funding will enable and coordinate a range of free activities and events for Upper Harbour residents to attend in their local neighbourhoods.

22. An allocation of $5,000 LDI Opex towards this activity would bring the programme budget back to the original approved in principle figure and would allow for the more activations to be delivered in 2023/2024.

Activity ID 400 – Youth: youth leadership and capacity building Upper Harbour

23. At the 27 July 2023 business meeting the local board approved $40,000 LDI Opex for the 2023/2024 financial year for youth leadership and capacity building.

24. This funding will support activities that build young people’s leadership skills and create opportunities for youth across the local board area to positively influence local decision-making. This includes the delivery of a programme of activities that promote connection, empowerment and resilience amongst the youth in Upper Harbour.

25. During recent discussions with the Upper Harbour Youth Council and the local board; an aspiration to deliver a youth art project was identified as a key priority for Upper Harbour youth who have limited spaces and opportunities to share their creative works.

26. An additional allocation of $5,000 LDI Opex towards this activity would support an arts project to be delivered by the Upper Harbour Youth Council in 2023/2024.

Activity ID 410 – Community grants – Upper Harbour

27. At the 27 July 2023 business meeting the local board approved $100,000 LDI Opex for the 2023/2024 financial year for the Upper Harbour Community grants programme.

28. This funding is available to community groups through a contestable grants process and allows the local board to support community activities at a local level.

29. The local board have two grant funding rounds approved from the 2023/2024 financial year (resolution number UH/2023/82).

30. In previous local board grant funding rounds the applications for funding have been oversubscribed and have exceeded the available funds.

31. An additional allocation of $30,000 LDI Opex towards the community grants budget will support community requests for funding in 2023/2024.

New Project: Changing the legal status at Waimarie Road

32. The local board have received requests from a number of residents in Whenuapai seeking to change the legal status of Waimarie Road from legal road to reserve under the Reserves Act 1977. Residents are seeking the transfer of the management for the area to Auckland Council as a local reserve to allow for public access and recreational opportunities under the allocated decision-making of the local board.

Waimarie Road legal status

33. Waimarie Road is an unformed legal road (ULR) in Whenuapai.

34. Image 1 below provides a view of the ULR from Auckland Council Geomaps.

Image 1: view of Waimarie Road ULR area on geomaps

35. Image 2 below provides a spatial view map from Land Information New Zealand (LINZ). Legal road shows as yellow and general land as white. Waimarie Road was declared a road in 1918.

Image 2: Spatial view map from LINZ showing Waimarie Road is legal road.

36. The ownership lies with Auckland Council as a territorial authority and is managed and controlled by Auckland Transport as Road Controlling Authority.

37. While elements of the area such as the green open space and water access are used like a reserve, it is not a reserve under the Reserves Act 1977 and therefore does not fall within the decision-making of the local board.

38. The Waimarie ULR area currently provides public access and recreational opportunities including water access, and opportunities for volunteer ecological restoration work.

Waimarie ULR area maintenance

39. A number of maintenance issues relating to Waimarie ULR area have been raised by residents with the local board which include but not limited to the following:

· bank erosion

· boat ramp damage

· saturated open grassed area.

40. Auckland Transport do not have obligations or liability to maintain ULRs https://at.govt.nz/about-us/working-on-the-road/road-processes-for-property-owners/unformed-legal-roads-paper-roads/ .

41. Auckland Transport does not have a forward capital works programme to form or improve ULRs.

42. While this area is controlled by Auckland Transport it does not preclude the local board from working with Auckland Transport over the management of Waimarie ULR which is mostly used by the public as open space and for water access.

43. The local board are currently working with Auckland Transport and the relevant Council departments to respond to the maintenance issues at the Waimarie ULR area.

Waimarie ULR adjoining landowners

44. There are four private properties which have frontage rights to access their properties through the ULR at any point along the length of their property boundary. Any change to the status of Waimarie ULR would impact those owners’ rights.

A aerial view of a neighborhood

Description automatically generated

Image 3: adjoining properties of ULR

45. In addition to the legal access rights, in September 2019 a license to occupy land within Waimarie ULR was granted by Auckland Transport to the adjoining landowners at 1 and 1A Waimarie Road which allows the private property owners to create and maintain vehicle access to their properties in the road frontage outside their properties.

46. The licence does not provide exclusive rights to use this area as it remains legal road. Public access is still to be maintained within this area.

47. Auckland Transport continues to work with the adjoining landowners to ensure compliance with the approved license to occupy.

Changing the status of Waimarie ULR

48. To change the legal status of road to general land would require undertaking a statutory process known as road stopping. Changing the stopped road land to reserve would require further statutory actions under the Reserves Act 1977.

49. The road stopping process is governed by the Local Government Act 1974 (LGA) or the Public Works Act 1981 (PWA). The LGA process is used where there is high public interest or there are issues with obtaining adjoining owners’ consent. The LGA process involves public advertisement of the proposed road stopping with a 40-day objection period. The PWA process can be used where there is where the consent of all adjoining property owners is obtained or the adjoining properties are provided with adequate access to the adjoining road. No public notification is required under the PWA process.

50. The decision to stop road under the PWA is only able to be made by the Minister of Land Information through Land Information New Zealand (LINZ). LINZ takes a conservative approach in deciding whether to stop road under the PWA. If a road stopping is contentious, LINZ would usually require that a local authority follows the LGA process instead.

51. The road stopping process takes around 18 months, which excludes the time taken dealing with adjoining landowners, managing any objections received or any proceedings in the Environment Court.

52. If a road stopping is successful, once the road has been stopped, the local board holds delegated powers under Section 14 (1) of the Reserves Act 1977 to declare the stopped road land as a reserve. The first 20 metres of stopped road adjoining the high tide mark will become esplanade reserve.

53. At a workshop held with Auckland Transport on 3 August 2023 the local board requested further information on what a road stopping process would entail and potential costs which has been outlined in table 2 below.

54. A change to the legal status of Waimarie ULR could impact on the legal access to the adjoining property owners. Discussions would be required with the affected property owners to consider options for alternate legal access. This cost cannot be determined at this stage.

55. Table 2 below outlines the potential process at a high level and estimated costs (where known) to change the current legal status of Waimarie ULR:

Potential process	Estimated cost (these are approximate costs)
Initial application for road stopping	$1,000
Assessment of application which includes but is not limited to: - engagement with Auckland Transport and Auckland Council departments, Walking Access Commission and LINZ - Utility checks - Preparation of Land Status Report	$3,000
Total cost for initial assessment to determine Auckland Transport requirement for the road	$4,000
Commence initial discussions with adjoining landowners regarding alternate legal access to their property. This could include: - Legal fees - Staff time - Cost of alternate access provision	Unknown at this time
Survey of the area proposed to be stopped and creation of survey office plan as required by PWA and LGA processes	$8,000 - $10,000
Iwi engagement	$500
If PWA process undertaken
Estimated Auckland Transport staff costs under PWA process	$8,000 - $10,000
LINZ costs under PWA process	$2000
The road stopping cannot progress under PWA if the consent of all adjoining landowners is not obtained, or alternate legal access is not agreed with adjoining landowners
If LGA process undertaken
LGA - Public advertising on road stopping involves publication of notices in local paper and placement by contractor of signage at the site.	$3000
Auckland Transport Board approval for road stopping
Estimated Auckland Transport staff costs to this point under LGA process	$10,000 – $12,000
If no objections under LGA process, final advertisement to stop road and LINZ actions	$2,500
If objections are received following public consultation on the road stopping, it is referred to Auckland Transport Board to determine whether to uphold
Auckland Transport Board can refer the objections on road stopping to the Environment Court
Environment Court makes the decision on road stopping. All costs in relation to Environment Court proceedings must be covered by the applicant	$50,000 - $100,000
If road stopping approved by Auckland Transport board or Environment Court a record of title would issue to Auckland Council for the stopped road esplanade reserve* with the balance as fee simple. *The first 20 metres of any road stopped from the high tide mark becomes Esplanade Reserve
If approved by Environment Court, final advertisement to stop road and LINZ actions	$2,500
Local Board approval to declare the land to be subject to the Reserves Act 1977
Gazette notice to be published in New Zealand Gazette	$200

Table 2: high level outline of the potential process and estimated cost for changing land status at Waimarie ULR

56. Considering the cost, time and resources that will be required to change the land status the staff advice is to not undertake a legal process to change the land status at Waimarie ULR as the communities requested outcomes of maintaining access to public open space can be achieved regardless of the legal status of the land.

57. Staff recommend that the local board continue to work in partnership with Auckland Transport and the community to address maintenance issues and to continue to provide public access to this area.

Tauākī whakaaweawe āhuarangi

Climate impact statement

58. Auckland Council’s climate goals are set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan as follows:

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

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

59. The impacts of climate change are assessed on a project-by-project basis and the appropriate approach is considered for each project to reduce greenhouse gas emissions.

60. Table 3 below outlines how each of the projects outlined in this report impacts on climate change:

Activity ID	Activity Name	Climate impact assessment
403	Māori responsiveness Upper Harbour	Outcomes achieved as a result of this programme could potentially include initiatives delivered in partnership with mana whenua, matāwaka and community groups to restore the environment and prepare for the effects of climate change.
N/A	NEW: Te Kete Rukuruku Programme	Considerations on climate impact are given by the Community Facilities project delivery team who are responsible for the installation of signage at the end of this program. These considerations include: · the reduction of emissions through sourcing of low-carbon material options and use of products with environmental declarations for embodied carbon reductions · maximizing the use of upcycling or recycling existing materials.
1013	UH Activation of parks, places and open spaces	Consideration on climate impacts is given to each activation event on a case-by-case basis. This includes not using single use plastics such as toys or water bottles at activation events.
400	Youth: youth leadership and capacity building Upper Harbour	Some activities delivered as part of this overall program may include social enterprise activities or have a specific focus on recycling. The additional funding outlined in this report will be tagged to an art project.
410	Community grants Upper Harbour	The local board grants programme aims to respond to the council’s commitment to address climate change by providing grants to individuals and groups for projects or activities that support and enable community climate action such as projects that reduce carbon emissions and increase community resilience.
N/A	New: Changing legal status at Waimarie Road	A change in legal status of Waimarie Road is not anticipated to have any climate impact.

Table 3: Climate impact assessment on proposed activities

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

61. The advice and recommendations outlined in this report has been developed collaboratively with Customer and Community Services Directorate, Auckland Transport and Local Board Services.

62. Customer and Community Services delivery staff have confirmed capacity to deliver the activities with additional funding outlined in the recommendation section of this report.

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

Local impacts and local board views

63. A series of workshops have been held with the local board since November 2022 on the development of the Upper Harbour Local Board work programme for 2023/2024 which was approved in July 2023, with an unallocated budget of $50,000 LDI Opex.

64. At a workshop held on 3 August 2023 the local board provided initial direction and sought further officer advice on projects that can be delivered in the 2023/2024 financial year with the remaining unallocated $50,000 LDI Opex.

65. This report provides the opportunity for the local board to consider allocation of the remaining $50,000 LDI Opex for the 2023/2024 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

66. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori.

67. The 2023/2024 work programme includes activities that aim to deliver outcomes for and with Māori, in alignment with the strategic priority areas outlined in Kia ora Tāmaki Makaurau (Auckland Council’s Māori Outcome Framework). Progress on how the activities are achieving these outcomes will be reported to the local board on a quarterly basis.

68. Table 4 below outlines how each of the projects outlined in this report contributes to Māori outcomes:

Activity ID	Activity Name	Māori impact assessment
403	Māori responsiveness Upper Harbour	Supports local Māori to deliver initiatives that deliver on social and economic outcomes, builds strong meaningful relationships and shares information and local Māori history with the community.
N/A	NEW: Te Kete Rukuruku Programme	Māori naming (and associated story telling) of parks and places in partnership with mana whenua to value and promote Auckland’s Māori identity and use of te reo Māori.
1013	UH Activation of parks, places and open spaces	Staff actively seek to engage delivery partners who can support Māori outcomes as part of this activity. These activations provide opportunities for whanau and community to engage with te reo, tikanga and mātauranga Māori in local parks, spaces and places.
400	Youth: youth leadership and capacity building Upper Harbour	Rangatahi Māori have access to opportunities supporting connection, resilience, sense of belonging and wellbeing.
410	Community grants Upper Harbour	The local board grants programme aims to respond to the council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Māori Responsiveness Unit has provided input and support towards the development of the community grant processes.
N/A	New: Changing legal status at Waimarie Road	If the local board were to progress with the change in legal status iwi engagement may be required as part of the statutory process. A change in legal status of Waimarie Road is not anticipated to have any significant impact on Māori as the outcomes achieved would be the same as the current status.

Table 4: Māori impact assessment on proposed activities

Ngā ritenga ā-pūtea

Financial implications

69. The local board approved the Upper Harbour 2023/2024 work programmes at the 27 July 2023 business meeting, with $50,000 LDI Opex remaining unallocated for the 2023/2024 financial year.

70. Options for allocating this remaining funding is considered in the ‘analysis and advice’ section of this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

71. If the unallocated $50,000 LDI Opex is not approved in a timely manner there is a risk that activities may not be delivered by the end of the current financial year, 30 June 2024.To mitigate this risk it is recommended the local board approve the allocation of the remaining LDI Opex budget.

72. Any unspent budget in the 2023/2024 work programme will be absorbed into organisation savings at the end of the current financial year. Operating departments have confirmed capacity to deliver on the projects with the additional funding outlined in the recommendations section of this report.

Ngā koringa ā-muri

Next steps

73. The Upper Harbour Local Board 2023/2024 work programme will be updated to reflect the local board decision.

74. The local board will receive progress updates on the delivery of the 2023/2024 work programme on a quarterly basis throughout the financial year.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors	Heather Skinner - Senior Local Board Advisor
Authorisers	Matthew Kerr – Acting Local Area Manager

Upper Harbour Local Board

14 September 2023

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/11800

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 Upper Harbour 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	61
b ⇩	Māori Seats Consultation Summary Document	77
c ⇩	Māori Seats Consultation Feedback Form	83