Agenda of Henderson-Massey Local Board - Tuesday, 19 September 2023

1 Nau mai | Welcome

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

Member	Organisation	Position
Brenda Brady, JP	1. Safer West Community Trust	Trustee
Chris Carter (Chair)	1. St Lazarus Trust 2. Waitākere Badminton Club	Member Member
Peter Chan, JP	1. Cantonese Opera Society of NZ 2. Asian Leaders Forum 3. NZ-Hong Kong Business Association 4. NZ-China Business Association 5. Whau Coastal Walkway Trust	Member Member Member Member Trustee
Dan Collins	1. Rānui Action Project	Chair
Dr Will Flavell	1. Asia New Zealand Leadership Network 2. COMET 3. Te Atatū Tennis Club 4. Waitākere Literacy Board 5. Te Kura	Member Employee Board Member Board Member Member
Brooke Loader (Deputy Chair)	1. Waitākere Licensing Trust 2. Te Atatū Peninsula Business Association 3. Neighbourhood Support 4. Te Atatū Glendene Community Patrol 5. Real Estate Authority New Zealand	Member Associate Member Member Volunteer Member
Ingrid Papau	1. Liberty Impact Community Trust 2. #WeLoveTuvalu Community Trust 3. Neighbourhood Support 4. Liberty Church 5. Rutherford Primary Board of Trustees	Board Member Member Street Contact Member Presiding member

Member

Organisation

Position

Brenda Brady, JP

1. Safer West Community Trust

Trustee

Chris Carter (Chair)

1. St Lazarus Trust

2. Waitākere Badminton Club

Member

Peter Chan, JP

1. Cantonese Opera Society of NZ

2. Asian Leaders Forum

3. NZ-Hong Kong Business Association

4. NZ-China Business Association

5. Whau Coastal Walkway Trust

Member

Trustee

Dan Collins

1. Rānui Action Project

Chair

Dr Will Flavell

1. Asia New Zealand Leadership Network

2. COMET

3. Te Atatū Tennis Club

4. Waitākere Literacy Board

5. Te Kura

Member

Employee

Board Member

Member

Brooke Loader

(Deputy Chair)

1. Waitākere Licensing Trust

2. Te Atatū Peninsula Business Association

3. Neighbourhood Support

4. Te Atatū Glendene Community Patrol

5. Real Estate Authority New Zealand

Member

Associate Member

Member

Volunteer

Member

Ingrid Papau

1. Liberty Impact Community Trust

2. #WeLoveTuvalu Community Trust

3. Neighbourhood Support

4. Liberty Church

5. Rutherford Primary Board of Trustees

Board Member

Member

Street Contact

Member

Presiding member

Member appointments

Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council:

External organisation	Lead	Alternate
Massey Matters	Will Flavell	Peter Chan
Central Park Henderson Business Association	Chris Carter	Dan Collins
Heart of Te Atatū South	Brooke Loader	Brenda Brady
Ranui Advisory Group	Dan Collins	Brooke Loader
Te Atatū Peninsula Business Association	Ingrid Papau	Brenda Brady
Waitākere Ethnic Board	Peter Chan	Brooke Loader
Waitākere Healthlink	Chris Carter	Brenda Brady
Te Whau Pathway Trust	Ingrid Papau	Dan Collins

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Henderson-Massey Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 15 August 2023, as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Deputation: Climate change and danger of heat stroke

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Dr Mairi Jay on climate change and the danger of heat stroke.

Whakarāpopototanga matua

Executive summary

2. To update the Local Board of the possible impacts of high temperatures and humidity people in the Auckland region. Climate experts in New Zealand have warned that an El Niño pattern of weather next summer is likely to bring higher than normal temperatures.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation and thank Dr Mairi Jay for her attendance.

8.2 Deputation: Te Pai Park Tennis Club & Pickleball

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Rosanna R Leman (President Te Pai Park Tennis Club and Pickleball) and Reece Le Roy on adding one public combined netball/tennis/pickleball court, situated directly behind The Te Pai Park Tennis clubs courts to their lease.

Whakarāpopototanga matua

Executive summary

2. To be able to operate and continue to grow the momentum of pickleball in a controlled, available and existing environment of Te Pai Park Tennis Club and Pickleball. Upgrades have been made to both the championship hard courts and the (council owned fencing) and refurbished the clubhouse bathrooms and kitchen via a grant over the past 3 years and it's a facility that now is an asset to the community.

3. Te Pai Park Tennis Club and Pickleball is now into 4 years of its 35 year lease with Auckland Council. The committee decided that staying exclusive to the members only format did not work in the present day or demographic. The committee have installed a public access book a court online system and were a pilot program for it which is cosponsored by Tennis NZ and Te Pai Park Tennis Club and Pickleball. They are a non-profit incorporated society run by volunteers.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation and thank Rosanna R Leman and Reece Le Roy on behalf of Te Pai Park Tennis Club and Pickleball for their attendance.

9 Te Matapaki Tūmatanui | Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 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.”

Henderson-Massey Local Board

19 September 2023

Henderson-Massey Local Board Annual Report 2022/2023

File No.: CP2023/12400

Te take mō te pūrongo

Purpose of the report

1. To seek local board adoption of the 2022/2023 Annual Report for the Henderson-Massey 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 Henderson-Massey Local Board:

a) adopt the draft 2022/2023 Hendrson-Massey Local Board Annual Report as set out in Attachment A to the agenda report.

b) 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 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 Henderson-Massey Local Board Annual Report (2022/2023)

Ngā kaihaina

Signatories

Authors

David Rose - Lead Financial Advisor

Authorisers

Mark Purdie - Lead Financial Advisor

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Submissions and feedback on the Draft Henderson-Massey Local Board Plan 2023

File No.: CP2023/13399

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 Henderson-Massey 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 Henderson-Massey Local Board Plan 2023 for public consultation. The consultation period ran from 13 July to 14 August 2023.

4. A total of 192 pieces of stakeholder and community feedback was received for Henderson-Massey Local Board, including 147 submissions through the online survey tool, hard copy submissions and 45 pieces of feedback through Have Your Say events.

5. In the Henderson-Massey local board area, mana whenua and mataawaka expressed a preference to provide feedback through hui. No formal feedback was received by mana whenua or mataawaka.

6. 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.

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

8. The Henderson-Massey Local Board wanted to ensure it reflected the aspirations of the Henderson-Massey community. Feedback confirmed the community work and priorities outlined in the draft Local Board plan.

9. The Henderson-Massey 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 Henderson-Massey Local Board:

a) receive submissions and feedback on the draft Henderson-Massey Local Board Plan 2023.

b) consider feedback when finalising the Henderson-Massey 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 20 June 2023, Henderson-Massey Local Board approved the draft Henderson-Massey 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 consultation.

13. The key features of the draft Henderson-Massey Local Board Plan 2023 were:

· Māori Outcomes – focused on opportunities to work more closely with Te Pai Hikuroa and the Māori Thought Leadership Collective, a desire for a united west voice so that local board boundaries do not affect delivery on the aspirations of the Māori community in the west and working alongside Te Kawerau ā Maki to take care of the land and waters for future generations.

· Climate Action – focused on investing in increasing tree canopy cover, reducing emissions, advocating for sustainable development to help with flooding, looking at opportunities to improve and maintain streams and infrastructure and contributing to community-led resilience, response, and recovery so we are better prepared for future events.

· Our People – focused on ensuring Māori culture and identity thrives and a commitment to recognising and providing for Te Tiriti o Waitangi outcomes. Ensuring diverse communities influence what happens in their neighbourhoods and people’s resilience and connection to their community is strengthened by building on the west’s legacy of practical, creative and supportive communities.

· Our Environment – focused on climate-change mitigation and sustainable living. Ensuring te wai is healthy and thriving, the urban ngahere grows larger and matauranga māori is central in environmental restoration.

· Our Community – ensuring people can access places and services in their neighbourhoods that cater to their needs and cultural and art activities are accessible and affordable. Focused on ensuring Māori identity is reflected in community spaces and is an important part of local identity.

· Our Places – focused on well-planned town centres that are prosperous, accessible and inviting with equitable access to community places and spaces. Neighbours are proud of their local identity and Māori identity is visible, valued and understood. Ensuring well-planned growth prepares for the needs of a growing community and includes a range of transport options.

· Our Economy – focused on people working and shopping where they live in prosperous town centres with quality well-paid local employment opportunities and a diverse economy that practices environmental and social sustainability.

14. In addition to understanding the needs and aspirations of the community, feedback was sought on:

· How well the Henderson-Massey Local Board plan reflects needs and aspirations for the Henderson-Massey community over the next three years.

· Any other feedback on the proposed Local Board Plan, including how the Henderson-Massey Local Board could better meet climate change goals or Māori outcome aspirations.

How we consulted

15. The consultation was held between 13 July and 14 August 2023. A communications campaign encouraged people to “Help Shape the Future’ of the Henderson-Massey Local Board area and to “Tell us what’s important”. This was promoted through libraries and council facilities, media channels, Western Leader, Facebook and Our Auckland.

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 Have-your-say community event was held on 18 July 2023 and eight face-to-face drop-in engagement events (spoken interactions) were held at various locations throughout the Henderson-Massey Local Board area from 13 July to 14 August 2023.

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

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

· 147 submissions through the online survey tool and hard copy submissions

· 45 pieces of feedback via Have Your Say events.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of consultation feedback

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

19. 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 Table 1 below.

Table 1: Key feedback themes by consultation question

Consultation question	Themed feedback
Q1 Our people: Do you agree or disagree with the ways we propose to meet the community’s needs in this area of focus?	Support for: - diversity to be embraced, valued and celebrated - empowered communities to lead and deliver on their aspirations - three west local boards working together to identify and develop projects that meet community aspirations - improved outcomes for Māori and acknowledging the needs of mana whenua
Q2 Our environment: Do you agree or disagree with the ways we propose to meet the community’s needs in this area of focus?	Support for: - increased urban tree planting, wetland recovery plans and resilient and low carbon communities - improving and maintaining streams and infrastructure so the community is better prepared for future events
Q3 Our community: Do you agree or disagree with the ways we propose to meet the community’s needs in this area of focus?	Support for: - Māori identity being visible and valued - council-owned buildings and spaces that meet diverse community needs - ways to deliver events and services that reflect our diverse communities and enhance people’s sense of well-being - the continued prioritisation of parks and play spaces that are inclusive and accessible to all
Q4 Our places: Do you agree or disagree with the ways we propose to meet the community’s needs in this area of focus?	Support for: - more transport choices - prioritise transport and cycling initiatives - Te Kete Rukuruku and Māori place names - the continuation of the funding partnership with government to complete Te Whau Pathway
Q5 Our economy: Do you agree or disagree with the ways we propose to meet the community’s needs in this area of focus?	Support for: - initiatives focused on local employment opportunities and encouraging business opportunities in the Henderson-Massey area - quality sustainable development in support of the re-generation of Henderson
Q6: Can you tell us what services are essential to you and why?	- efficient and reliable public transport and more transport choices - community hubs, houses, centres, libraries, parks and playgrounds - communities of greatest need
Q7: How might we offer services differently and still meet community need?	- delivering services with an equity lens - a connected cycle network which will help reduce traffic congestion
Q8: How well do you think our plan reflects your needs and aspirations for our community over the next three years?	- addresses the local environmental and transport issues - focus the shift on ensuring activities and services create the best outcomes for people who need it most – focus on equity should be important - agree with the general idea
Q9: Do you have any other feedback on our proposed Local Board Plan, including how we could better meet our climate change goals or Māori outcome aspirations?	- support for environmental initiatives and Māori outcomes - more programmes for rangatahi is of importance

Publishing the results of public consultation

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

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

22. The Summary of Feedback (Attachment A) report will also be available on the AK Have your say website following approval of this report.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

24. The draft Henderson-Massey 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.

25. Feedback and submissions relating to climate impacts is outlined in Table 1: Key feedback themes by consultation question. Additional climate impacts feedback included support for increased tree canopy cover across Henderson-Massey and ensuring initiatives are prioritised to bring communities and neighbourhoods together.

26. The climate impact of any initiatives the Henderson-Massey 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

27. 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.

28. 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.

29. 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

30. The Henderson-Massey Local Board should consider all submissions and feedback to the draft Henderson-Massey 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.

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

Tauākī whakaaweawe Māori

Māori impact statement

32. The draft Henderson-Massey Local Board Plan 2023 included feedback received from mana whenua and mataawaka in Hikurangi/West Auckland throughout the pre-engagement phase of local board plan development.

33. On 8 and 13 June 2023, two online information sessions were held to inform mana whenua across Tāmaki Makaurau about the purpose of local board plans, how their perspectives could be incorporated into the plans, as well as the feedback process and timelines.

34. Mana whenua were invited to share their views on any of the 21 draft local board plans they wanted to review through tailored feedback forms.

35. In Hikurangi/West Auckland, mana whenua and mataawaka expressed a preference to provide feedback through hui.

36. The three west local boards, Henderson-Massey, Waitākere Ranges and Whau, met with mataawaka collectively and discussed local board plans at Hoani Waititi Marae on 9 August 2023.

37. The three west local boards, Henderson-Massey, Waitākere Ranges and Whau, together with ward councillors, met with mana whenua Te Kawerau ā Maki collectively and discussed local board plans during a Rangatira ki te Rangatira/governance hui at Te Ipu Kura a Maki (Henderson Civic) on 18 August 2023.

38. In terms of formal submissions, 14 were received from those respondents who indicated they whakapapa Māori. This comprised 11 per cent of the overall submissions for Henderson-Massey.

39. Feedback and submissions relating to Māori outcomes is outlined in Table 1: Key feedback themes by consultation question. Additional feedback included support for the development of the marae at Harbourview-Orangihina, support for engagement with the Māori Thought Leadership Collective to identify opportunities to support Māori aspirations and continued support for the Te Kete Rukuruku project.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42. The local board will consider all submissions and feedback before making changes to the draft Henderson-Massey Local Board Plan 2023.

Ngā koringa ā-muri

Next steps

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

44. The Henderson-Massey Local Board will adopt the Henderson-Massey Local Board Plan 2023 on 19 October 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Attachment A - Local Board Plan 2023 Summary Feedback Report template

Ngā kaihaina

Signatories

Authors	Michelle Knudsen - Lease Advisor
Authorisers	Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Approval for a new private road name at 36 Hetherington Road, Rānui

File No.: CP2023/12545

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Henderson-Massey Local Board to name a new private road being a commonly owned access lot (COAL), created by way of a subdivision undertaken at 36 Hetherington Road, Rānui.

Whakarāpopototanga matua

Executive summary

2. The Auckland Council Road Naming Guidelines (the guidelines) set out the requirements and criteria of the council for proposed road names. The guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval.

3. On behalf of the developer and applicant, Y2Y 2023, Thomas Consultants Limited has proposed the names presented below for consideration by the local board.

4. The proposed road name options have been assessed against the guidelines and the Australian & New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated elsewhere in the region or in close proximity. Mana whenua have been consulted in the manner required by the guidelines.

5. The proposed names for the new private road at 36 Hetherington Road, Rānui are:

· Elegant Lane (applicant’s preference)

· Morepork Lane (alternative)

· Tomtit Place (alternative)

· Hebe Bishop Place (alternative).

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) approve the name ‘Elegant Lane’ for the new private road created by way of subdivision undertaken by Y2Y 2023 Limited at 36 Hetherington Road, Rānui, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60402490, SUB60402491 and road naming reference RDN90110016).

Horopaki

Context

6. Resource consent reference BUN60402490 (Subdivision consent reference number SUB60402491) was issued in December 2022 for the construction of 26 new residential lots, 4 commonly owned access lots and a pocket park.

7. Site and location plans of the development can be found in Attachment A and B to the agenda report.

8. In accordance with the standards, every public road and any private way, COAL or right of way, that serves more than five lots generally require a new road name in order to ensure safe, logical, and efficient street numbering.

9. Therefore, in this development, only one COAL requires a road name. The road to be named can be seen in Attachment A where it is highlighted in yellow.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland region. The guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval.

11. The guidelines provide for road names to reflect one of the following local themes with the use of Māori names being actively encouraged:

· a historical, cultural, or ancestral linkage to an area; or

· a particular landscape, environmental or biodiversity theme or feature; or

· an existing (or introduced) thematic identity in the area.

Theme: The selection of names has been derived from flora and fauna found in the local environment. The names proposed are detailed in the table below:

Proposed name	Meaning (as described by applicant)
Elegant Lane (applicant’s preference)	Named after Naultinus Elegans, the Auckland Green gecko. The name is related to the Waiomoko Stream nearby, named after the lizards which inhabit its banks.
Morepork Lane (alternative)	Named after the New Zealand native Owl which inhabits rural areas of the Waitākere Ranges.
Tomtit Place (alternative)	Named after the native Robin endemic to New Zealand.
Hebe Bishop Place (alternative)	Named after Hebe Bishopiana (Waitākere Rock Hebe) a native shrub endemic to Waitākere.

12. Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the guidelines and the standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity. It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

13. Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

14. Road Type: ‘Lane and Place’ are acceptable road types for the new private road, suiting the form and layout of the road.

15. Consultation: Mana whenua have been consulted in line with the processes and requirements described in the guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. The decision sought for this report has no identified impacts on other parts of the council group. The views of council-controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

18. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

19. To aid local board decision making, the guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate. The guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

20. On 21 July 2023 the applicant consulted with Te Kawerau ā Maki on the proposed names and Te Kawerau ā Maki approved of the suggestions. Further correspondence was sent on 3 August 2023 through the Resource Consent department’s central facilitation process as set out in the guidelines. Representatives of the following groups with an interest in the general area were contacted:

· Te Rūnanga o Ngāti Whātua

· Ngāti Whātua o Kaipara

· Ngāti Whātua Ōrākei

· Te Kawerau ā Maki

· Ngāti Te Ata (Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua)

· Te Ākitai Waiohua (Te Ākitai Waiohua Iwi Authority)

21. By the close of the consultation period no responses had been received. Dependent on the scale of the development and its level of significance, not all road naming applications receive comments from mana whenua.

22. This site is not listed as a site of significance to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

23. The road naming process does not raise any financial implications for the Council.

24. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

26. Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	36 Hetherington Road_Site Plan
b ⇨	36 Hetherington Road_Location Plan

Ngā kaihaina

Signatories

Authors

Sharon Legge-Murray - Subdivision Advisor

Authorisers

Trevor Cullen - Team Leader Subdivision

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Proposed land exchange at 5 Selwood Road and The Concourse, Henderson

File No.: CP2023/12747

Te take mō te pūrongo

Purpose of the report

1. To seek the Henderson-Massey Local Board's approval to publicly notify Auckland Council’s intention to request the Minister of Conservation to authorise an exchange of a Crown-owned land parcel at The Concourse, Henderson with a land parcel at 5 Selwood Road, Henderson which is owned by Industre Property Rua Limited (as shown in Attachment A).

Whakarāpopototanga matua

Executive summary

2. Auckland Council has received an application from Industre Property Rua Limited proposing the land exchange of its land containing an area of 165m² being Lot 1 DP 195995 at 5 Selwood Road, Henderson with the Crown-owned land of 165m² being Lot 2 DP 195995 at The Concourse, Henderson for which the council is the administering body.

3. This will reverse a prior land exchange from 1999 between legacy Waitākere City Council and the former owner of the applicant’s land as shown on Deposited Plan 195995 (Attachment B).

4. Lot 2 at the Concourse, Henderson is held in trust by His Majesty the King for the purpose of a local purpose (road) reserve subject to the Reserves Act 1977.

5. Auckland Council is the administering body for the local purpose reserve at The Concourse Strand, Henderson including the parcel of land being Lot 2 Deposited Plan 195995.

6. The applicant is the current registered owner of Lot 1 at 5 Selwood Road, Henderson.

7. The reason for the previous exchange of the same parcels with the former owner was to formalise the yacht-construction building which encroached over the boundary of the local purpose reserve. The building has now been removed and the encroachment no longer exists.

8. The applicant now intends to make an application for variation to its current subdivision consent decision to undertake a boundary adjustment to include the proposed land exchange (resource consent application number BUN60343626).

9. The existing consented accessway for the current subdivision consent is not suitable due to the existing topography of the site. The applicant proposes a land exchange to create a new accessway across Lot 2 as part of the subdivision development.

10. Auckland Transport and Parks and Community Facilities staff support the application to reverse the previous land exchange.

11. Considerations for the proposed exchange include traffic management and engineering. In particular, when Lot 2 is in the applicant’s ownership and Lot 1 in council ownership, the following benefits will be achieved:

a) reduced height of any retaining wall to achieve an acceptable grade under consenting requirement for the driveway

b) no need for the applicant to include retaining walls over the public wastewater pipe located at Lot 2 (including large, cantilevered bridge structures) to achieve vertical and horizontal clearances to Watercare standards in order to access repair or replace the pipe

c) better access for the council to wastewater pipes and reduced potential conflict for access to the manhole

d) the Concourse Strand esplanade reserve along the creek will revert to its original width which will optimise the layout of the reserve for community use

e) removal of materials identified on the esplanade reserve and prevention of further materials to be deposited on the reserve once the boundary is defined through construction of a boundary fence by the applicant. This will occur once the land exchange is completed.

12. Staff recommend that the local board resolve to publicly notify Auckland Council’s intention to request the Minister of Conservation to authorise the proposed land exchange, which will reverse the original exchange subject to completion of the statutory processes under the Reserves Act 1977.

13. The operational costs for Lot 1 following the exchange have been planned through the Long-term Plan 2021-2031. The maintenance cost would be covered by any transfer of the lots and any impact would be minimal.

14. It is recommended that the local board appoint a hearings panel to consider and decide on any unresolved submissions or objections received, following the public notification and mana whenua engagement process.

15. Following the local board’s decision on the proposed exchange of land, the statutory process to gazette it will be completed within three months.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) whakaae/ agree to publish Auckland Council’s intention to request the Minister of Conservation to authorise an exchange of land between the Crown and Industre Property Rua Limited under section 15 of the Reserves Act 1977 subject to completion of the statutory processes including public notification and mana whenua engagement:

i) 165m² of land being Lot 1 DP 195995 in Part Record of Title NA124C/167 at 5 Selwood Road, Henderson in exchange for

ii) 165m² of land being Lot 2 DP 195995 in the Record of Title NA124C/168 at The Concourse, Henderson.

b) tono / request the Minister of Conservation to authorise an exchange of 165m² of land being Lot 1 DP 195995 in Part Record of Title NA124C/167 at 5 Selwood Road, Henderson with 165m² of land being Lot 2 DP 195995 in the Record of Title NA124C/168 at The Concourse, Henderson (as shown in Attachment B), if no objections to Auckland Council’s intention to proceed with the land exchange are received, or, where an objection is received but is either resolved or withdrawn.

c) kopou / appoint a hearings panel made up of the local board members to consider and decide on any unresolved submissions or objections received, following the public notification and mana whenua engagement process for the proposed land exchange at 5 Selwood Road, Henderson and The Concourse, Henderson (as shown in Attachment B).

Horopaki

Context

16. Sensation Yachts Limited was incorporated as a New Zealand limited company on 20 July 2018. It was the former landowner of 5 Selwood Road being Allotment 660 Waipareira Parish comprised in the certificate of title NA55A/482.

17. The site has historically been used as a yacht manufacturing and launching facility, which Sensation Yachts Limited operated. A temporary building addition to the yacht construction building extended over part of the local purpose reserve being Part of Allotment 664 Waipareira Parish. Application for the land exchange between Lots 1 and Lot 2 DP 195995 was undertaken to formalise the yacht building which extended over the boundary of the local purpose reserve.

18. In 1999, Lots 1 and 2 DP 195995 were approved from a subdivision application by Sensation Yachts Limited of its land and Part of Allotment 664 Waipareira Parish from the original land exchange published in the NZ Gazette 1999 ln 5867.

19. In 2000, Lot 1 DP 195995 was amalgamated with the adjoining land owned by Sensation Yacht Limited creating a new record of title NA124C/167. This land was transferred to Industre Property Rua Limited (the applicant) on 30 June 2020.

20. Lot 2 DP 195995 contained in the Record of Title NA124C/168 was vested in the council and held in trust for Her Majesty the Queen as an unclassified local purpose (road) reserve. The northern part of Lot 2 is currently used as part of the parking area.

21. In 2019, the temporary building addition was removed and there is no longer any need for Lot 1 to remain in the applicant’s ownership.

22. Industre Property Rua Limited was incorporated as a New Zealand limited company on 11 September 2019. The land which contains an area of 4851m² includes Lot 1 Deposited Plan 195995 and Lot 1 Deposited Plan 202785 at 5 Selwood Road was transferred to their ownership on 30 June 2020.

23. In 2000, Lot 2 Deposited Plan 195995 was vested in the former Waitākere City Council as a local purpose (road) reserve under section 238 of the Resource Management Act 1991 and held in trust for Her Majesty the Queen for that purpose.

24. This report seeks a resolution from the Henderson-Massey Local Board for the acquisition of land at 5 Selwood Road and the disposal of land at The Concourse as part of the exchange, subject to completion of the statutory processes under the provisions of the Reserves Act 1977.

25. Local boards allocated responsibilities relating to local parks, including the number of new local parks and their specific locations within budget perimeters agreed with the Governing Body in the Long-term Plan 2021-2031 (LTP). This includes parks acquisitions where the exchange is of a similar value.

Tātaritanga me ngā tohutohu

Analysis and advice

26. On 14 March 2023, the applicant (Industre Property Rua Limited) made an application to the council requesting to reverse the original land exchange. The location of the proposed land exchange being Lots 1 and 2 is shown on Deposited Plan 195995 (Attachment B).

27. On 11 April 2023, council staff consulted with the relevant council departments and council-controlled organisation (Auckland Transport) on the proposal asking for feedback on any service needs.

28. Harrison Grierson, the planning consultant acting on behalf of the applicant, proposed a best -fit design for the new accessway to address the transport effects around vehicle movements when Lot 2 reverts to the applicant’s ownership.

29. The considerations and benefits to the applicant and the council from the proposal to reverse the original land exchange include:

a) reducing the height of any retaining wall to achieve an acceptable grade under consenting requirement for the driveway

c) better access for the council to wastewater pipes and reduced potential conflict for access to the manhole

d) the Concourse Strand esplanade reserve along the creek will revert to its original width

e) removal of materials identified on the esplanade reserve and prevention of further materials to be deposited on the reserve once the boundary is defined through the construction of a boundary fence by the applicant. This will occur once the land exchange is completed.

30. The proposal to reverse the original exchange will be undertaken in accordance with section 15 of the Reserves Act 1977 which includes a requirement for public notification and mana whenua engagement.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan, adopted by Auckland Council on 21 July 2020, sets out two core goals:

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

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

32. Vegetation on parks and open spaces can serve as temperature regulators in urbanised areas through shade and evapotranspiration. Plants and woodlands can also process and store carbon, helping to offset the accumulation of greenhouse gases in the atmosphere.

33. Parks and open spaces also act as collection points for surface and run-off water, reducing flood risks during storms and helping create resilience in our infrastructure by buffering peak flows and reducing the volume and velocity of stormwater runoff.

34. The proposed land exchanges are not located within any current floodplains. However, the floodplain modelling in Henderson catchment incorporates climate change with the assumption of a 2.1-degree temperature change. Healthy Waters has yet to undertake modelling which includes 3.8-degree climate change which will be the new standard, but this is still pending. Healthy Waters anticipates this change later this calendar year.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. Council staff from Parks and Community Facilities, Regional Services and Strategy, and Auckland Transport have considered the benefits and worked collaboratively on this proposal. They are supportive of the proposal to reverse the exchange as the Concourse Strand esplanade reserve along the creek will revert to its original width.

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

Local impacts and local board views

36. On 1 August 1989, the legacy Waitākere City Council approved in principle the exchange of land to resolve a de-facto use of a ramp (built by the former owner’s predecessor) across the council reserve and recommended that the portion of land obtained from Sensation Yachts Limited be declared as road pursuant to the Public Works Act 1981 (Waitākere City Council Minutes number 1818/89).

37. On 24 July 1991, the legacy council resolved to change the reserve status of Lot 1 pursuant to section 24A of the Reserves Act 1977 from local purpose reserve (esplanade) to local purpose (road) reserve (Waitākere City Council Minutes number 2007/91).

38. The council has the option to have the road reserve dedicated as legal road under section 111 of the Reserves Act 1977 if it chooses to. However, Auckland Transport considers that it has no service needs for any part of Lot 2.

39. The recommendation to classify Lot 1 to be a local purpose (esplanade) reserve or reclassify it to an alternative local purpose consistent with the use of The Concourse Strand will be undertaken by Parks and Community Facilities following the completion of the statutory land exchange process.

40. On 4 July 2023 and 22 August 2023, staff discussed the proposal with the local board at a local board workshop and local board members supported it in principle, noting that the operational issues relating to the wider area of the esplanade reserve will be kept under investigation.

41. The proposed reversal of the land exchange to enable the applicant’s development of its land supports the Henderson-Massey Local Board Plan 2020 aspirations:

· Outcome 1: Henderson-Massey is a great place to live, work and play

· Outcome 4: Everyone contributes to building resilience and living sustainably.

42. Council staff will report back to the local board (comprised as a hearings panel subject to the Reserves Act 1977) on any unresolved submissions or objections received following the public notification and mana whenua engagement process.

Tauākī whakaaweawe Māori

Māori impact statement

43. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan (operative in part), Whiria Te Muka Tangata Māori Responsiveness Framework and Kia Ora Tāmaki Makaurau - Māori Outcomes Performance Measurement Framework.

44. The provision of quality open spaces will benefit Māori and the wider community in that they promote a connection to the natural environment.

45. Engagement with the nine iwi groups identified as having an interest in the Henderson geographical area will be undertaken, detailing information on the land parcels to be exchanged and inviting feedback on the proposal.

46. A nominated hearings panel made up of the local board members will decide and consider any unresolved submissions and objections following the engagement if required, within three months after the public notification.

Ngā ritenga ā-pūtea

Financial implications

47. No party shall be required to pay money to the other party by way of equality of exchange, as it is agreed that the land parcels being exchanged are of similar value.

48. Input and support for this section of the report has been sought from Asset Decision Support, Programme Manager (Full Facilities Contracts) in Parks and Community Facilities and the Financial and Business Performance team.

49. Operational maintenance costs will be covered by existing approved budget within Parks and Community Facilities. As the maintenance cost would be covered by any transfer of the lots, any impact would be minimal.

50. As part of the proposed land exchange application, the applicant will, at its cost, remove any materials on the land to be returned to the council to the standard required by council staff and will pay all reasonable costs associated with this application.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

51. There is a low legal risk to the council if it complies with legislative processes and requirements for the proposed land exchange under section 15 of the Reserves Act 1977.

52. The applicant will manage any risks associated with their subdivision consent conditions including any variations to the conditions of their subdivision. They will construct a fence along the Lot 1 boundary as part of the subdivision and ensure that there are no materials deposited on the esplanade reserve land.

53. Both parties shall work together and negotiate in good faith, terms and conditions of the land exchange agreement including any remediation required to reinstate Lot 1 to a condition satisfactory to the council before completion of the land exchange process.

54. Should the local board resolve not to publicly notify Auckland Council’s intention to the land exchange, or the acquisition of land for the exchange, this decision is likely to:

a) adversely affect the applicant’s development planning at 5 Selwood Road and its neighbouring properties

b) reduce opportunities for the council to revert the esplanade reserve back to its original width and optimise safe and accessible space for the community.

Ngā koringa ā-muri

Next steps

55. Subject to the local board resolution for public notification of the proposed land exchange, council staff will attend to the completion of the statutory processes within three months.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Aerial Map - 5 Selwood Road and The Concourse, Henderson
b ⇨	Deposited Plan 195995

Ngā kaihaina

Signatories

Authors

Frances Ting - Principal Property Advisor

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Raphoe Development - Stage 1 Engineering Plan Approval

File No.: CP2023/12842

Te take mō te pūrongo

Purpose of the report

1. To seek approval for the road and drainage reserve development and built assets as part of Raphoe Stage 1 development proposed in Redhills by Hugh Green Group (HGG).

Whakarāpopototanga matua

Executive summary

2. Masterplan development in the Redhills area is being carried out by HGG.

3. The developer has lodged an application for Engineering Plan Approval (EPA) for Stage 1 of HGG development in consultation with council staff for the local board’s consideration and approval of assets to vest (see Attachment A).

4. The assets proposed to be vested in the council as part of this EPA include the following:

· Street furniture (seats)

· Signage

· Rubbish bins

· Play assets

5. The masterplan being developed for Redhills includes roads and reserves to vest in Auckland Council. However, this EPA does not contain neighbourhood parks or sports parks proposed as part of the master development.

6. The proposed EPA plans were presented to the local board at a workshop on 6 June 2023. The members of the local board were supportive of the proposed assets within the EPA package for Raphoe Stage 1.

7. Development of open space in the Redhills Raphoe area, including landscaping, assets and play elements, will be developed by HGG at their cost and vested in Auckland Council.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) whakaae/accept the proposed assets within the Engineering Plan Approval package for Raphoe Stage 1 and subsequent construction of assets within the open space shown on the Redhills Raphoe Stage 1 engineering plan prepared by Hugh Green Group development, and approve that the assets be vested in the council upon practical completion.

b) tautapa/delegate to the General Manager, Parks and Community Facilities authority to negotiate the Infrastructure Funding Agreement on terms acceptable to the council’s Infrastructure Funding team regarding the construction of assets within the open space shown on the Redhills Raphoe Stage 1.

c) tautapa/delegate to the General Manager, Parks and Community Facilities authority to assess and approve engineering detail for the open space development for the Redhills Raphoe Stage 1.

Horopaki

Context

8. Hugh Green Group Development hold a resource consent (#BUN60376072) granted in November 2021 for staged subdivision that creates a series of ‘mega blocks’ with supporting roading and an open space network. Site works include the formation of the road network, including culverts and bridges.

9. Raphoe, the subject site for this consent, is part of a larger Hugh Green Group (HGG) landholding within the wider Redhills valley, bordered by Fred Taylor Drive and Don Buck Road to the east, Redhills Road to the south and west and Henwood Road to the north.

10. The specific site of development, Stage 1, stretches from the east to west of Raphoe and borders the Ngongetepara stream to the west and southwest, Dunlop Road to the south and east, and Fred Taylor Drive to the north and northeast. In respect to topography, the site is sloping down from east to west towards the stream.

11. Stage 1 of the development consists of the following:

· Stage 1A: Creation of Lot 104 (super lot), Lot 304 (road to vest), Lots 210 and 204 (drainage reserve to vest), Lot 208 (esplanade reserve to vest).

· Stage 1B: Creation of Lot 105 (super lot), Lot 308 (road to vest).

· Stage 1C: Creation of Lot 316 (road to vest).

12. The site is irregularly shaped consisting of approximately 8,000m² of drainage reserves (Lots 210 and 204) and approximately 1,300m² of esplanade reserve (Lot 208).

13. Parks Planning staff presented to the Henderson-Massey Local Board in a workshop meeting on 6 June 2023. Staff presented the applicant’s lodged EPA for Raphoe Stage 1, including proposed assets by Hugh Green Group (HGG).

14. The following assets which are proposed to be vested to Auckland Council as part of the Raphoe Stage 1 EPA, will be also maintained by Auckland Council:

Table 1: Proposed assets to be vested to and maintained by Auckland Council

Reserves

Road Reserves

Lots 204 and 210: Local Purpose Reserve (Drainage)

Lot 316: Road Reserve - Roads 1, 11, 13

· 11 x nature play natural balance logs and stacker logs

· 1 x rubbish bin

· 7 x seats

· 3 x signage

· 4 x rubbish bins

· 4 x seats for two bus stops

15. At the workshop on 6 June 2023, the local board expressed its informal support to progress to a formal endorsement of the EPA plans, and for delegation to staff to progress detailed design and delivery via formal development processes.

Tātaritanga me ngā tohutohu

Analysis and advice

16. HGG has engaged Auckland Council’s Parks and Community Facilities department in providing design details around open spaces in Raphoe Stage 1 as well as within the wider Redhills development.

17. The design details and assets include pathways, seats, informal nature play elements, signage, rubbish bins and other landscaping features with an overall strategic approach to development of the open spaces within the wider Redhills area.

18. The drainage reserves (lots 204 and 210) in Stage 1 of the development are located within walking distance from other open spaces such as esplanade reserves and a neigbourhood park. This is in accordance with what has been anticipated under the Redhills Precinct Plan. A pedestrian pathway is proposed on the drainage reserves along with seats, rubbish bins, signage and nature play provisions in accordance with Auckland Council common practice and standards.

19. HGG has also proposed to develop a privately owned ‘village centre’ as part of Stage 1 of the Raphoe development. The purpose of the village centre is to function as “a paved space supporting the commercial uses around it”. It will therefore have no overlap in function and use with the open spaces proposed within the wider area.

20. The purpose of the proposed assets and elements on the pathway around the drainage reserves is to provide opportunities for walking, relaxing and informal nature games for a wide variety of age groups associated with the natural environment, as reinterpreted through contemporary materials and forms and with specific reference to ngahere (forest).

21. HGG had initially proposed informal play interventions such as pump tracks along the shared pathway. After consultations with council staff, the applicant agreed to reduce the number of play provisions along the pathway. Auckland Council staff requested the developer to amend the detailed design plans to remove any play structures which require critical fall zone areas, regulation safety surfacing, playground compliance and consequent ongoing maintenance and compliance by council such as rope nets and climbers.

22. Play areas with formal equipment will be located on the local purpose (recreation) reserve. The detailed design drawings presented to the local board members at the workshop on 6 June 2023 are consistent with the advice given to the developer.

23. Parks and Community Facilities staff have provided strategic direction for the service outcome delivery in the reserves, as well as advice regarding design and maintenance. Council staff support the overall outcome, with final robust detailed designs to be approved through separate engineering plan approvals for each stage of development.

24. Overall, the proposed Raphoe Stage 1 development consists of a total area of approximately 1,600m² of hardscape (concrete footpaths, cycle path and play area on the reserve) and 9,200m² of softscape (planting in the reserve and along streets, including both raingarden and swale planting) which will need maintenance. Relevant conditions of the resource consent granted for the development included maintenance obligations of these areas to be undertaken by the consent holder for two years (for streetscape) and five years (for reserves) after completion of the planting works.

25. The open spaces will be developed at the sole cost of the developer, but it is important that the development provides quality landscaping, reserves and infrastructure while balancing operational and maintenance costs aligned with agreed community affordability. The Area Operation Manager was actively involved in discussions to ensure consistency with industry design procedures, and to guide minimum design standards required for landscaping, reserve development and other infrastructure design for maintenance purposes.

26. The maintenance obligation for all proposed hard assets has been reduced and managed to meet the council’s operational and maintenance costs in alignment with agreed community affordability. This can be managed by an Infrastructure Funding Agreement.

27. While the maintenance obligations of the soft landscaping (planting) on the reserves and road reserves have been captured through resource consent conditions, the maintenance obligations of the hard assets proposed within the EPA are required to be captured in a separate agreement between Auckland Council and the developer.

28. Any consequential OPEX cost associated with the proposed assets within the EPA will be varied into the consequential OPEX maintenance contract.

29. Auckland Council’s Quantity Surveyor (QS) has provided a high-level estimate of consequential OPEX costs per annum based on the plans and information provided, which are the subject of an Infrastructure Funding Agreement.

Table 2: Estimated OPEX per annum (maintenance/repair costs) for Raphoe Stage 1

Proposed landscaping works	Estimated Consequential OPEX
Hard assets (seats, sign, rubbish bin, nature play) as per EPA Plans to be approved	$11,898

30. The above estimated cost is based on the Full Facility Maintenance Contract. The cost estimate is exclusive of GST and does not account for inflation.

31. When the asset is ready to be vested, the formal handover will trigger the Variation Tracker process where the assets are mapped and after which the relevant contractor will do a site visit and provide a detailed quote.

32. The project team provided a high-level estimate of the establishment cost of the assets which are to be vested in Auckland Council. An Infrastructure Funding Agreement needs to cover the costs associated with the development of the assets to ensure delivery of the proposed outcome. Table 3 provides an outline of the establishment costs of the proposed hard assets on the reserve and road reserves.

Table 3: Estimated establishment cost (CAPEX) for hard assets for Raphoe Stage 1

Proposed hard assets	Total establishment cost
Assets on the road reserve (seats, rubbish bin)	$ 18,668.00
Reserve (seats, sign, rubbish bins, nature play)	$85,407.00
Nature Play	$3,665.00
Total (exc. GST)	$107,740.00

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. In June 2019, Auckland Council declared a climate emergency and a commitment to the community to look at ways we can consider climate implications in everything that we do. The Parks and Community Facilities department at Auckland Council is committed to the regional sustainability targets of Te-Tāruke-ā-Tāwhiri-Auckland's Climate Plan.

34. Stream corridors and linking walkways are proposed to provide for walking and cycling opportunities to enable wider connectivity and activation while addressing safety concerns. While it will contribute to health and physical activation, it will also reduce carbon emissions, improve air quality and decrease dependency on non-renewable resources.

35. The proposed assets around the stream are designed to integrate into natural wetlands and stream corridors providing stormwater management functions. Informal play provisions proposed along the stream pathway. as well as the finished surface of the pathway have been designed to promote the use of natural materials to neutralise emissions.

36. Any formal development of the reserves’ infrastructure will contribute to climate change through carbon emissions, particularly during construction and renewal phases, and through ongoing maintenance. These impacts need to be carefully considered when creating new assets on the drainage reserves.

37. The plan outlines actions to ensure co-location of built infrastructure to minimise its footprint and encourages multifunctional use of buildings and spaces. This more integrated approach to reserves’ development and facility management will ensure improved climate outcomes.

38. This strategic approach to identifying opportunities for future development within Raphoe development area as well as wider area within Redhills will ensure that if progressed, actions would provide greatest value to local communities and the wider network. This ensures investment is targeted appropriately and therefore minimises impact on the climate and environment.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

39. Staff in the Parks and Community Facilities department have provided input into the proposed design and assets as part of the EPA application. The council landscape architect has advised on the material and location of signage, furniture, lighting, and rubbish bins, as well as nature play elements. The Landscape Advisor Specialist commented on the planting locations and species and the Parks and Places Specialist has provided recommendations in regard to the location of assets in order to connect to the wider development and the wider area.

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

Local impacts and local board views

40. The local board has allocated decision-making responsibility for the development of local parks within the Henderson-Massey local noard area. Members of the local board provided feedback at a workshop on 6 June 2023 indicating they were generally satisfied with the proposed plans.

41. The development of the concept plan aligns with the following Henderson-Massey Local Board Plan 2020 outcomes and objectives:

Henderson-Massey Local Board Plan Outcome

Objectives

Outcome 1

Henderson-Massey is a great place to live, work and play

· Parks, facilities and public spaces are inviting, accessible to all and meet the needs of our diverse communities.

· We prepare for the needs of a growing community.

Outcome 4

Everyone contributes to building resilience and living sustainably

· Increased tree canopy in Henderson-Massey.

Outcome 5

It’s easy to get around Henderson-Massey safely without using a car

· More opportunities for local alternatives to car travel.

· More use of existing walking and cycling networks.

Tauākī whakaaweawe Māori

Māori impact statement

42. The proposed park does not contain any known sites or places of significance or value to mana whenua.

43. The development team at HGG has acknowledged that the wider area of Redhills has a rich history, associated with a number of iwi and with special significance to Ngāti Whātua o Kaipara and Te Kawarau a Maki.

44. HGG have carried out a number of consultations with mana whenua since late 2019, in particular with Ngā Maunga Whakahii o Kaipara Development Trust and Te Kawarau Iwi Tribal Authority. The developer has engaged these iwi groups in order to embed the values, priorities and principles of those iwi within the project to ensure Redhills acknowledges mana whenua and is enriched through the specific identification of the places, stories and identities of the area.

Ngā ritenga ā-pūtea

Financial implications

45. There will be ongoing financial implications relating to the consequential OPEX for maintaining the park and assets in the future.

46. The developer will cover the entire capital expenditure to develop the open spaces and is obligated to maintain the assets for two years (for streetscape) and five years (for reserves) by means of an Infrastructure Funding Agreement.

47. Funding will be required to ensure ongoing maintenance of new assets constructed within the reserve at the conclusion of the maintenance periods agreed in accordance with an Infrastructure Funding Agreement.

48. Auckland Council’s Quantity Surveyor has conducted a high-level assessment and estimated the consequential operational expenditure per annum for all of the proposed works at an estimated value of $12,000.

49. Operational expenditure will commence following practical completion and conclusion of maintenance periods in accordance with an Infrastructure Funding Agreement. Practical completion for the proposed works on drainage reserves within Stage 1 of the development is expected to be by the end of the 2024 financial year. All stages of the development are currently expected to be completed in the 2026 financial year.

50. The Operations Manager for the area and the Senior Asset Information Lead have reviewed and agreed to the cost estimated by the QS.

51. The Lead Financial Advisor has reviewed the estimated costs associated with maintenance (OPEX) and establishment (CAPEX) of the proposed assets within the extent of this Engineering Plan Approval application and found the information provided satisfactory in terms of the financial implications for the local board.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52. Risks for the delivery of the open space network are cost escalation and inadequate handover. This will be managed via an Infrastructure Funding Agreement that will be signed by both the developer’s representative and Auckland Council to ensure that proper handover of all documents, warranties, as-builts and producer statements occurs. Engineering Plan Approval will also be obtained for all assets vested with the council before construction commencement.

53. The Infrastructure Funding Agreement will also place all responsibility for delivery on the developer, who will be responsible for absorbing any and all cost escalations.

Ngā koringa ā-muri

Next steps

54. The developer wishes to commence with the development of Raphoe Stage 1 as soon as possible following the local board’s approval.

55. Following local board approval, staff will review the proposed plans and assets included within the Engineering Plan Approval package and finalise the Infrastructure Funding Agreement with the developer for Raphoe Stage 1.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Roja Tafaroji - Senior Parks Planner

Authorisers

Yusuf Khan - Manager Leasing

Taryn Crewe - General Manager Parks and Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/11798

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 Henderson-Massey 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
b ⇨	Māori Seats Consultation Summary Document
c ⇨	Māori Seats Consultation Feedback Form

Ngā kaihaina

Signatories

Authors

Libby Orr - Advisor Governance Services

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - General Manager Local Board Services

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Local board feedback on Emergency Management Bill

File No.: CP2023/12942

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 Henderson-Massey 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

Ngā kaihaina

Signatories

Authors

Wayne Brown - Principal Recovery Advisor

Authorisers

Paul Amaral - General Manager Auckland Emergency Management

Louise Mason - General Manager Local Board Services

Adam Milina - Local Area Manager

Henderson-Massey Local Board

19 September 2023

Funding Auckland's Storm Recovery and Resilence

File No.: CP2023/13410

Te take mō te pūrongo

Purpose of the report

1. To provide local boards with an opportunity to provide input regarding the funding package that has been provisionally agreed with central government.

Whakarāpopototanga matua

Executive summary

2. Seven months on from severe weather events in January and February 2023, many Aucklanders with impacted homes are still facing a challenging and uncertain future.

3. Auckland Council has worked with central government to secure a funding package that would enable people in the region to move forward with certainty, as quickly as possible.

4. The proposed funding package includes just under $2 billion of investment in storm recovery efforts for three key activities:

· repairing storm damage to the transport network

· Making Space for Water (the council’s flood mitigation programme) and other resilience projects

· Category 3 property buyouts.

5. If we do not accept the funding package, we will still need to fund the necessary infrastructure improvements but would not be in a position to buy out Category 3 homes.

6. Public consultation is underway from 11-24 September.

7. Local board feedback will be provided to the Governing Body along with public feedback ahead of its decision-making on 6 October 2023.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) tuhi ā-taipitopito / note that input is being sought from local boards at the same time as public consultation due to the very tight timelines involved and the need to provide certainty for impacted Aucklanders

b) whakarite / provide feedback on whether the local board supports Auckland Council agreeing to the funding package

c) whakarite / provide feedback on features of the package that you would like to comment on

d) whakarite / provide feedback on the design of the Category 3 buyout process.

Horopaki

Context

8. Severe weather events in January and February 2023 have had a devastating and lasting impact on many communities and thousands of individuals across Tāmaki Makaurau / Auckland. Flooding and land slips have damaged or destroyed thousands of homes and up-ended lives and communities. Essential lifeline infrastructure and facilities have been impacted and are in urgent need of repair. This includes roads, bridges, stormwater systems and community facilities.

9. Seven months on, many Aucklanders with impacted homes are still facing a challenging and uncertain future. We need to support these Aucklanders and improve the resilience of our infrastructure so that we are better prepared and can mitigate the impacts of severe weather events.

10. Auckland Council has worked with central government to secure a funding package that would enable people in the region to move forward with certainty, as quickly as possible.

11. To achieve all the outcomes of the package the government would provide just under $1.1 billion of new and reprioritised existing funding, with the council investing around $900 million. This is the same “locally-led, centrally-supported” approach that has been taken with other regions affected by the January and February storm events, just at a larger scale. It is different from the Christchurch earthquake recovery, where central government funded all the purchase of properties.

12. As a locally-led effort, Auckland Council is expected to take the lead on the design and implementation of any package. This means we have a number of detailed decisions to make as part of our main decision whether to proceed with the co-funded package.

13. Public consultation is taking place from 11-24 September. Details can be found at https://akhaveyoursay.aucklandcouncil.govt.nz/recoveryfunding

Tātaritanga me ngā tohutohu

Analysis and advice

14. The proposed funding package includes just under $2 billion of investment in storm recovery efforts for three key activities, as outlined in Table 1 below.

Table 1: Proposed central government and Auckland Council contribution to recovery

	Central government funding	Auckland Council funding	Total
Transport network recovery	$309 million	$81 million	$390 million
Making space for water and other resilience projects	$380 million	$440 million	$820 million
Category 3 home buy-outs	$387 million	$387 million	$774 million
Total	$1,076 million	$908 million	$1,984 million

Transport network recovery

15. Auckland Council is projecting that $390 million will be needed to make repairs to roads and bridges that were damaged by the severe weather. This includes the Mill Flat Road bridge, access to Karekare and Piha, and a number of roads in the west, the north and on Aotea / Great Barrier Island that were significantly damaged. The funding would ensure that repairs can be undertaken with greater certainty.

Making Space for Water and other resilience projects

16. A critical part of recovery is making sure we are better prepared for future severe weather. Improving resilience is essential to provide security for those who will continue to live in hazard-prone areas. This includes the flood risk management projects such as those that we have outlined in the Making Space for Water programme that we consulted on last month.

17. This programme would allow us to create new ‘blue-green networks’ in areas with critical flood risks, and to rehabilitate streams so that they are more resilient to floods. We would be able to increase our stormwater maintenance and overland flow path management.

18. This portion of the funding package could also be used for other resilience projects, such as community based geotechnical projects where risks can be mitigated. Importantly, the funding package would allow us to move more quickly with our efforts to build resilience.

Category 3 property buy-outs

19. Homes in Category 3 are not safe to live in because the risk from future flooding or landslips is intolerably high. Options to reduce this risk at a property or community level are not available or affordable. Homes in these areas should not be rebuilt or remain on their current sites.

20. Central government’s co-funding conditions for Category 3 properties are that they must be:

· residential

· impacted by the severe weather events of January and February 2023

· subject to ongoing intolerable risk to life, and

· without an economic way to mitigate the risk.

21. The proposed funding package would provide up to $774 million to buy Category 3 homes and allow people affected by the January and February severe weather events to move on with their lives. The funding for this would be split evenly between Auckland Council and central government.

22. The $774 million is based on current estimates of around 700 homes to be included in this category. If this maximum amount is exceeded, central government and the council have agreed to work together in good faith to decide next steps.

23. Auckland Council would need to administer the buy-out process from start to finish, including the purchase and removal of homes, and the ongoing management of the land. We know that there would be extra costs that wouldn’t be fully co-funded through the proposed funding package, including the costs of demolishing buildings, and any costs arising from the ongoing management of the land. We will also need to consider how we best make use of the newly acquired land, for example public parks and blue-green networks.

24. We need to make some decisions about how the buy-out process would work, including the price we pay for Category 3 houses, how this works with insurance, and any conditions (e.g. price caps or exclusions) that might need to be put in place. Given the complexity of the task, we are proposing to take an approach where we work towards decisions that are simple, fair, cost-effective, timely, and give certainty to affected Aucklanders.

Accepting the funding package

25. If Auckland Council accepts the funding package:

· We will receive additional government funding to accelerate our efforts to increase the resilience of our infrastructure.

· We can get on with making improvements that would otherwise take decades to achieve.

· We can offer a process forward for Category 3 property owners.

· We will need to find extra revenue to meet the council funding commitment.

26. If Auckland Council does not accept the funding package:

· We won’t receive all the proposed funding from central government, although we could still anticipate receiving some of the transport funding in the normal way, and could apply to the National Resilience Plan for further funding without a guarantee of our applications being successful.

· We will still need to fund the necessary infrastructure improvements and may need to take longer to do this using the available council funding methods.

· We won’t be in a position to buy out Category 3 homes: some property owners would face severe hardship and people would remain at risk.

27. Accepting the funding package would be a significant step in the recovery process. We acknowledge that recovery is not happening as quickly as affected communities would like. There is a difficult balance between moving quickly and moving accurately, especially with so many thousands of potentially affected homes needing individual technical assessments. It’s important that everyone can have confidence in the information and evidence available so that we can make robust, defensible and enduring decisions.

28. We also need to balance the needs of impacted homeowners with the needs of the wider community and consider the affordability and hazard management impacts for all Aucklanders.

Methodology of Category 3 buy-outs

29. If we go ahead with the funding package, the details of the purchase methodology for Category 3 properties would need to be determined, and would have a strong influence on how simple, fair, cost-effective and timely our process could be, and how much certainty we could offer affected homeowners.

30. Some of the policy details we need to consider include:

· How we define Category 3 residential properties. We need to consider whether we should make different provisions for holiday homes and rentals that are assessed as being in Category 3, compared to primary residences. We will not be purchasing non-residential properties.

· How we set the buy-out price. If our starting point is to take a ‘fair value’ approach, we need to decide how we assess that. Using capital value (the valuation that helps us to assess rates bills) would be the quickest option but wouldn’t necessarily reflect the true market value of every individual house. Establishing market value would be a much slower option: it could delay the process and would add further administrative costs. We could adopt a hybrid approach that gets most of the money to homeowners sooner and allows the balance to be resolved through valuation. Other alternatives would be to offer a fixed sum to all Category 3 homeowners or establish a sliding scale of payment based on hardship.

· The size of owner contributions. Like all investments, property ownership carries risks. Aucklanders, through Auckland Council, do not guarantee owners against loss. Auckland Council will need to consider whether to offer 100% of the value of the property, or a lesser amount, provided we can meet our objective of removing people from situations of intolerable risk. This could take the form of a cap on buy-out offers above a certain amount.

· What we do about insurance settlements, and uninsured and underinsured properties. Government and council contributions are intended to ‘top up’ rather than replace any amounts received through private insurance or EQC (Earthquake Commission). We still need to decide how this would work in practice. We also need to determine a fair outcome both for homeowners and for the Aucklanders who will have to fund buy-outs. This will mean we need to consider if Aucklanders who had no insurance or limited insurance should receive more, less or the same as other Category 3 homeowners.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The response that is being proposed in this funding package is a one-off, made necessary by the urgent and extraordinary scale of events.

32. As climate change increases the risk of severe weather events, Auckland Council will not be in a position to continue to buy out other flood- and slip-affected homes. We are working to improve public awareness of hazards, so that Aucklanders are better able to manage their risks. We are also reviewing our approach to the planning and development of homes in areas with natural hazards, however the impact of this is confined largely to new development, and doesn’t address the legacy of thousands of homes that are already built in higher-risk areas.

33. We are strongly advocating to central government to establish a national scheme to support recovery from future events, and to put in place better processes for managed retreat in advance of disaster.

34. Both the Auckland Plan 2050 and Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan advocate for greater resilience to severe storms and flood events. A key principle of the proposed Tāmaki Makaurau Recovery Plan is ‘Opportunities to build resilience and avoid future harm are sought proactively’.

35. The funding received from central government for Making Space for Water and other resilience projects will enable Auckland Council to implement the initiatives within these plans in a way that both builds resilience to the impacts of climate change, and has a lower carbon impact than the solutions that have historically been utilised.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. The Recovery Office is working with Legal, Finance, the Chief Planning Office and the Mayoral Office to consider the approach set out by the Crown, the implications for council, and the appropriate parameters for council’s actions at each stage of the negotiations and potential implementation process. The Executive Leadership Team sub-group also spans the relevant parts of the council that are necessary to input and/or be involved in this process.

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

Local impacts and local board views

37. During August, local boards and local communities provided feedback on the draft Tāmaki Makaurau Recovery Plan, which will inform how government funding for infrastructure will be allocated. Staff are currently analysing the feedback to inform the final content of the Plan.

38. This report provides the opportunity for local boards to give feedback specifically on the funding agreement that has been agreed in-principle with central government.

Tauākī whakaaweawe Māori

Māori impact statement

39. The Recovery Office is engaging with mana whenua representatives to discuss the Tāmaki Makaurau Recovery Plan. Meetings are underway and will continue throughout September. These meetings also provide opportunity to discuss the government funding package.

Ngā ritenga ā-pūtea

Financial implications

40. Auckland’s recovery from the severe weather events of early 2023 is going to require significant investment, with or without central government co-funding. The proposed package increases the total investment into Auckland, with over $1 billion in new and reprioritised central government funding.

41. Significant funding from Auckland Council would still be required to deliver on the activities described in this package.

42. If we agree to proceed with the funding package, we would initially use borrowing to fund Auckland’s share of the proposal, until we can make more considered funding decisions in the next long-term plan. This is due to be consulted on in early 2024.

43. Using borrowing in the short term would mean we could get the infrastructure repairs and the Category 3 buy-out process moving quickly.

44. Based on initial timing projections the additional council debt required is likely to peak at $650 million. This would increase the debt-to-revenue ratio by 7 – 9 per cent over the next five to seven years, remaining within current debt limits.

45. The council has a number of options to fund the proposed package in the long-term plan, including reducing or deferring other capital spending, sale of assets, service reductions, and rates. These decisions may also be impacted by the outcomes of the government’s water reform process.

46. If the council were to proceed with the full proposed programme and fund it using only rates, then this would require an additional rates increase equivalent to 3.1 per cent of general rates, which could be phased in over two years. Any rates increase would be on top of other significant budget pressures the council is facing. Current indications suggest overall rates increases of over 10 per cent for 2024/2025 for residential ratepayers, if cost reductions or funding sources are not found.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47. Risks and mitigations with the Crown offer process are identified in Table 2.

Table 2. Risks and mitigations with the Crown offer process

Risk	Mitigations
More than 700 properties are identified as category 3.	Good faith commitment with the Crown to develop a joint response if this situation arises.
Eligibility criteria for the National Resilience Plan have not yet been defined, meaning there is a risk to accessing the pre-committed funding for resilience	Address within terms of the agreement
Significant additional funding required from Auckland Council	An existing risk that will need to be addressed in the Long-term Plan 2024-2034, regardless of the Crown offer.
Terms of the Crown offer do not adequately provide for the complexity of the council processes needed to undertake buy outs.	Policy and legal analysis is underway to consider the implications of the terms of the agreement, to be reported to the Governing Body.

Ngā koringa ā-muri

Next steps

48. Technical assessment of affected homes and remediation of damaged infrastructure will continue throughout the decision-making process.

49. Public consultation is underway from 11-24 September.

50. The Governing Body will meet on 6 October to consider input from local boards and feedback from public consultation and will decide whether to agree to the proposed funding package.

51. If the package is agreed, the council will begin conversations with confirmed Category 3 home-owners at the end of October.

52. From November, voluntary buy-outs for Category 3 properties will begin, as technical assessments are confirmed.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Megan Howell - Programme Manager

Authorisers

Mat Tucker - Group Recovery Manager

Louise Mason - General Manager Local Board Services

Adam Milina - Local Area Manager

No.	Title	Page
a ⇨	Discussion document Bottom Fishing Access Zones in the Hauraki Gulf Marine Park

Henderson-Massey Local Board

19 September 2023

Confirmation of Workshop Records

File No.: CP2023/12162

Te take mō te pūrongo / Purpose of the report

1. To present records of workshops held by the Henderson-Massey Local Board.

Whakarāpopototanga matua / Executive summary

2. Briefings/presentations provided at the workshops held are as follows:

1 August 2023

1. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - Te Korowai Ariki Limited - Programme: Tumoana Dive Programme

2. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - Belong Aotearoa - Programme: Tuhonohono Diversity

3. Henderson Creative Precinct

4. Storm recovery and resilience (Making Space for Water)

5. Kainga Ora update

6. Activation of parks, places and open spaces in 2022/2023 (SharePoint ID#545) and draft 2023/2024 programme 

7. Te Atatū Stormwater Reticulation Network Upgrade

8 August 2023

1. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - West Auckland Boxing Academy - Programme: West Auckland Boxing Academy

2. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - Pacifica Arts - Programme: Pacifica Mamas: Taumatua

3. Northwest Rapid Transit

4. Te Whau Pathway Project

5. Local Board Capital Transport Fund

6. Follow up workshop - Local Board Equity of Funding

22 August 2023

1. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - Massey Community Trust - Programme: The Safety Net project

2. Connected Community Achievements (community broker programmes): July 2022 – June 2023 - Tulai’i Youth Leadership - Programme: Pacific Youth Leadership

3. Parks and Community Facilities update

4. Auckland Transport update

5. Catherine Plaza

6. Proposed land exchange - 5 Selwood Rd / The Concourse

7. Leasing Update - EOI for McLeod's Cottage

Ngā tūtohunga / Recommendation/s

That the Henderson-Massey Local Board:

a) note the workshop records for 1, 8 and 22 August 2023.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇨	Henderson-Massey Local Board workshop records for 1, 8 and 22 August 2023

Ngā kaihaina / Signatories

Authors	Laura Hopkins - Democracy Advisor
Authorisers	Adam Milina - Local Area Manager

Chairperson	Chris Carter
Deputy Chairperson	Member Brooke Loader
Members	Brenda Brady
	Peter Chan, JP
	Dan Collins
	Dr Will Flavell
	Oscar Kightley
	Ingrid Papau