Agenda of Kaipātiki Local Board - Wednesday, 20 September 2023

1 Nau mai | Welcome

The meeting will be opened with a karakia.

A close up of a text

Description automatically generated

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii) A non-financial conflict of interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Kaipātiki Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 16 August 2023, including the confidential section, 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 Kaipātiki 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.

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

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.”

Kaipātiki Local Board

20 September 2023

Auckland Transport - Auckland Rail Programme Business Case (ARPBC)

File No.: CP2023/10546

Te take mō te pūrongo

Purpose of the report

1. To inform the local board about the Auckland Rail Programme Business Case (ARPBC).

2. To seek formal feedback from the local board on the ARPBC.

Whakarāpopototanga matua

Executive summary

3. The Auckland Rail Programme Business Case (ARPBC) (see Attachment A for slides presented to the local board) identifies an investment pathway required to develop the heavy rail network within the context of Auckland's population growth and the part Auckland plays in New Zealand’s freight network.

4. With road congestion, population growth and emission reduction targets, this is an important time to plan for an effective rail network that unlocks demand and makes rail travel the convenient transport choice for people and goods.

5. The ARPBC outlines:

· rail’s strategic role in the broader transport network for Auckland

· a programme of interventions and strategic justification for investments over the next 30 years

· an appropriate framework for future investigations and business cases of the individual interventions identified

· alignment on future Rail Network Investment Programmes (RNIP), which underpins the joint investment programme.

6. The ARPBC has identified the following seven investment areas required to deliver the 30-year plan:

· Maintenance and renewals, including equipment upgrades

· Signalling and power feed upgrades

· New fleet, depots and stabling

· Additional track on the Southern line (~39km where there are four tracks)

· Level crossing removals by closures or grade separation (encompassing 32 crossing locations)

· Station improvements (encompassing 42 stations for increase in patronage, safety and to accommodate nine-car trains)

· New cross-town corridor with stations - the Avondale Southdown connection (~12.5km new track).

7. The ARPBC is being presented to the Auckland Council Transport and Infrastructure Committee in August 2023 followed by an approval process to the KiwiRail Board, Auckland Transport Board and Waka Kotahi Board in the latter part of 2023.

8. This report is seeking feedback on the ARPBC following a presentation at the Kaipātiki Local Board workshop on 26 July 2023.

9. Local board views will be incorporated into the final ARPBC and be utilised in finalising the investment plan and scope development for the next stage of works.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) supports the Auckland Rail Programme Business Case - 30-Year Investment Plan.

b) supports the need for of a well maintained, resilient and attractive heavy rail network that supports passenger and freight movements and delivers economic benefits to both the regional and national economy.

Horopaki

Context

10. The use of Tāmaki Makaurau Auckland’s rail network, for both passenger and freight, has grown significantly over the past 20 years. Investments in the rail network over this time have seen passenger boardings on our services increase from 5 million per annum in the early 2000s to over 21 million boardings on the Auckland rail passenger network in 2019.

11. Three main users of the rail network are freight services, metro passenger services and inter regional rail services.

12. Investment to date has encouraged economic growth in Auckland and has changed the shape of Auckland’s development through significant improvement in rail services. These improvements include electrification, upgraded stations, freight hubs and rolling stock to make better use of the capacity of Auckland’s rail corridor.

13. Recent investments for rail have been signalled in the Auckland Transport Alignment Project (ATAP) which has achieved investments for 2021-2031 projects being delivered now.

14. Projects currently being delivered will increase the capacity and attractiveness of rail for customers including:

· significant rebuild of 2/3 of the existing track to handle more services

· new 3rd main line between Wiri and Westfield to separate freight and passenger trains

· City Rail Link and stations creating a connecting route through the city centre

· electrification of services to Pukekohe and additional stations to serve new population growth areas

· additional passenger trains to increase capacity by over 30 per cent.

15. Future investment in Auckland’s rail will be identified in the Tāmaki Makaurau Transport Plan, Rail Network Investment Plan and Regional Land Transport Strategy which will be adopted in 2024.

Tātaritanga me ngā tohutohu

Analysis and advice

16. The ARPBC team workshopped with local boards in July and August to gather feedback. This report is seeking formal views on whether the Kaipātiki Local Board supports the ARPBC.

17. This feedback will be incorporated into the final ARPBC prior to approvals of KiwiRail, Auckland Transport and Waka Kotahi before being submitted to the Ministers of Transport and Finance in 2024.

18. The ARPBC team will also be presenting to the Transport and Infrastructure Committee in August for comment and feedback before seeking approvals.

19. The ARPBC outlines:

· rail’s strategic role in the broader transport network for Auckland

· a programme of interventions and strategic justification for investments over the next 30 years

· an appropriate framework for the business cases of the individual interventions identified

· alignment on future Rail Network Investment Programmes (RNIP), which underpins the joint investment programme.

20. The ARPBC defines a way forward for getting the most effective and efficient use out of the capacity available across the rail network, recognising competing demands from freight and passenger rail (metro and regional).

21. Investigations have shown that by the early 2030s the capacity of the existing rail network for freight and passenger services will constrain future growth. The following lists constraints to the rail network:

· Additional passenger services and longer trains will be required to meet peak demand and provide a rapid transit frequency for customers.

· Additional freight services will be required to mix with passenger trains restricting operations.

· Improved signalling is required to achieve greater safety and utilisation of the network.

· Improved maintenance and renewal plant and equipment is required to improve how the rail network is maintained.

· Additional tracks are needed to separate freight, express services and stopping passenger services.

· Improved stations will be required to accommodate passenger numbers to provide an appropriate level of service for customers.

· Level crossing barriers will need to spend a greater amount of time down to allow passenger and freight trains to pass creating additional traffic congestion in the peak resulting in a need for closure or grade separation.

· Lack of cross-town corridor restricts operations and limits service frequencies in the inner network of the western and southern lines.

22. The ARPBC has identified the following seven investment areas required to deliver the 30-year plan:

· Maintenance and renewals, including equipment upgrades

· Signalling and power feed upgrades

· New fleet, depots and stabling

· Additional track on the Southern line (~39km where there are four tracks)

· Level crossing removals by closures or grade separation (encompassing 32 crossing locations)

· Station improvements (encompassing 42 stations for increase in patronage, safety and to accommodate nine-car trains)

· New cross-town corridor with stations - the Avondale Southdown connection (~12.5km new track).

Tauākī whakaaweawe āhuarangi

Climate impact statement

23. A priority objective for the ARPBC is to enable mode shift for both passenger and freight from higher emission modes. The ARPBC is aligned with the priorities outlined by both the Auckland Transport Emissions Reduction Plan (TERP) and the national Emissions Reduction Plan (ERP).

24. Attachment A (slide 16) outlines the reduction in emissions that can be achieved through the 30-year programme for freight and passenger services.

25. Further emission benefits and reductions will be achieved by the business case but are not identified in the benefits streams. These benefits come from outside of Auckland since the inter-regional passenger and particularly freight services travel outside of Auckland to their final destinations.

26. As electric vehicles and trucks become a larger percentage of the vehicle fleet in New Zealand by the 2050s, the level of emission reduction from the rail programme will reduce.

27. Attachment A also outlines the proposed significant level of freight tonnes transferred from road and the number of vehicle kilometres travelled reduced by customers using train rather than private motor vehicle.

28. The programme identifies that there is urgency to deliver on mode shift requirements in order to reduce the emissions of both passenger and freight transport to meet planned targets.

29. The programme provides a resilient approach to mitigating the impacts of climate change including flood and stormwater mitigations. Recent events of extreme weather such as Cyclone Gabrielle has identified the significant cost to fix rail infrastructure which is not built to handle climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30. The development of rail has taken into account the strategic direction and priorities from both national and regional policies and strategies. These include:

· Auckland Plan and Unitary Plan

· Auckland’s draft Future Development Strategy and Future Urban Land Supply Strategy

· Emission Reductions Plan and Transport Emission Reduction Plan

· Auckland Rapid Transit Plan

· Auckland Economic Development Plan.

31. Auckland Council has been a key stakeholder throughout the development of the ARPBC at both a working and project governance level to ensure alignment between the programme and wider Auckland Council objectives.

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

Local impacts and local board views

How local boards are involved

32. Local board input to this future investment plan for the Tāmaki Makaurau Auckland rail network is important to outline local community perspectives and issues as they relate to the areas.

33. The ARPBC does not propose any investment in heavy rail in the Kaipātiki Local Board area. There is planned investment in the Rapid Transit Network that will provide improved connections from the Kaipātiki Local Board area to the Heavy Rail Network by connecting to the new Te Waihorotiu Station (part of the City Rail Link). The Board should provide feedback to the Additional Waitemata Harbour Crossing if it considers that a heavy rail option should be considered.

34. Responses to questions raised by the local board at their 26 July workshop are provided in Attachment B of the agenda report.

Tauākī whakaaweawe Māori

Māori impact statement

35. The ARPBC team has presented to mana whenua through the Auckland Transport Hui for Central, North/West and South.

36. Feedback has been received through the Transport Hui and will be captured in the final ARPBC. The feedback to date generally supports the overall vision of the 30-year programme, noting that high levels of mana whenua involvement will be required as the programme progresses and detail is developed.

37. Engagement with mana whenua will continue through the programme business case process and into the development and delivery of future investigations and business cases.

Ngā ritenga ā-pūtea

Financial implications

38. The funding for the programme business case deliverables has not been confirmed but key elements have been identified in previous RLTP’s, RNIP and ATAP.

39. Funding to deliver rail improvements will come from a mixture of sources including KiwiRail, Waka Kotahi and Auckland Transport.

40. Future funding will be required to build the upgraded infrastructure but also to operate and maintain the services and assets.

41. It is acknowledged that a significant funding gap exists across the transport portfolios in Auckland and an integrated prioritised process is required. This is currently being explored through the Tāmaki Makaurau Transport Plan, Rail Network Investment Plan and the Regional Land Transport Plan.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42. The programme proposed by the ARPBC will require a significant level of investment and a significant increase in the amount of work delivered on the rail network over the 30-year period. This will require both alternative and additional funding and delivery methods which will be explored upon the approval of the business case.

43. Despite being a 30-year plan, there is a high level of urgency to commence planning and business case further work in order to ensure the rail network can meet the forecast demands and targets. Planning and design for significant infrastructure can take up to 10 years to complete delivery.

44. The programme involves changes and improvements on how communities will use and access the rail network. This will particularly be noticed by the community where level crossings are changed or closed, stations upgraded and enlarged, where additional land is required to widen the rail corridor and where new rail lines are proposed through existing communities.

45. KiwiRail and Auckland Transport are committed to working with communities through the next stages of investigations and business case to confirm solutions, mitigations and seek funding for the projects.

46. Due to the scale of the programme there is a risk of continued disruption and wider impact to the community whilst investment is delivered. A key element of the programme is investment in improving maintenance and renewals programmes to minimise the disruption to the network and reduce the impacts on customers.

47. A priority of the next phase of work will be developing plans on how to best mitigate the delivery impacts of the programme.

Ngā koringa ā-muri

Next steps

48. The ARPBC is being presented to the Auckland Council Transport and Infrastructure Committee in August 2023.

49. Feedback from local boards will be incorporated into the ARPBC and will be used to inform how the next phases of the programme are undertaken once funding has been identified.

50. The ARPBC will seek an approval process to the KiwiRail Board, Auckland Transport Board and Waka Kotahi Board in the latter part of 2023.

51. If the programme is adopted, funding to progress the Programme Business Case will be sought through the Tāmaki Makaurau Transport Plan, RLTP and RNIP. This will identify the next stages of work will provide more detail on the elements of the programme that will be taken forward.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	20 September 2023 - Kaipātiki Local Board business meeting - Auckland Rail Programme Business Case Presentation
b	20 September 2023 - Kaipātiki Local Board business meeting - Attachment B - Answers to questions raised at the Kaipātiki Local Board workshop

Ngā kaihaina

Signatories

Authors

Aaron Rodrigues – Principal Planner, Auckland Transport

Jo Reeves – Communications Manager, KiwiRail

Siobhan O’Donovan – Principal Advisor, Auckland Transport

Jake Cannan – Senior Transport Planner, Auckland Transport

Authorisers

Trina Thompson - Local Area Manager

Kaipātiki Local Board

20 September 2023

Funding Auckland's Storm Recovery and Resilience

File No.: CP2023/13327

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 Kaipātiki 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 – Recovery Specialist

Authorisers

Mat Tucker - Group Recovery Manager

Louise Mason - General Manager Local Board Services

Paul Edwards – Acting Local Area Manager

Kaipātiki Local Board

20 September 2023

Kaipātiki Local Board Annual Report 2022/2023

File No.: CP2023/12592

Te take mō te pūrongo

Purpose of the report

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

a) adopt the draft 2022/2023 Kaipātiki 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	20 September 2023 - Kaipātiki Local Board business meeting - Draft Kaipātiki Local Board Annual Report (2022/2023)

Ngā kaihaina

Signatories

Authors

Sugenthy Thomson - Lead Financial Advisor

Authorisers

Mark Purdie - Lead Financial Advisor

Paul Edwards - Senior Local Board Advisor

Trina Thompson - Local Area Manager

Kaipātiki Local Board

20 September 2023

Submissions and feedback on the draft Kaipātiki Local Board Plan 2023

File No.: CP2023/13037

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

4. A total of 195 pieces of stakeholder and community feedback was received for Kaipātiki Local Board, including 77 submissions through the online survey tool, 57 hard copy submissions, 13 emails, and 48 pieces of feedback through Have Your Say events.

5. There was no feedback received by mana whenua. 11 individuals who identified as Māori provided written feedback.

6. Staff have prepared a Summary of Feedback report (refer to Attachment A of the agenda report) summarising the results of the consultation. This will also 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 https://akhaveyoursay.aucklandcouncil.govt.nz/local-board-plans-2023-feedback

8. The feedback on the draft Kaipātiki Local Board Plan 2023 was positive. There was majority support that the draft plan reflects the needs and aspirations for the community over the next three years, and had accurately identified the opportunities and challenges, including those for climate and Māori outcomes. There was support for proceeding with investigation of a local targeted rate for protecting and enhancing the natural environment in Kaipātiki.

9. The Kaipātiki 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 Kaipātiki Local Board:

a) receive submissions and feedback on the draft Kaipātiki Local Board Plan 2023.

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

c) provide direction on whether it would like staff to proceed with investigating a local targeted rate for protecting and enhancing the natural environment in Kaipātiki.

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 21 June 2023, Kaipātiki Local Board approved the draft Kaipātiki 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.

12. The structure of the 2023 round of local board plans is outlined in figure 1 below. The key features to this structure are:

· Māori outcomes and climate action are addressed in separate sections, but also integrated within the five key strategic areas of the plan.

· Each strategic area has a vision or mission statement to describe the outcome that the local board is seeking in relation to that area.

· Objectives are the state that boards are trying to achieve. The key initiatives are the actions that the local board intends to undertake to achieve those objectives.

· Objectives and initiatives are focused on areas where the local board have decision making authority over and they are accountable for delivering. Where the local board aren’t the decision makers, these initiatives are included in an advocacy section.

Figure 1: Local Board Plan structure

13. The five key strategic areas of the draft Kaipātiki Local Board Plan 2023 are outlined in figure 2 below:

Figure 2: Draft Kaipātiki Local Board Plan 2023 structure

13. In addition to understanding the needs and aspirations of the community, feedback was sought on the possibility of investigating a local targeted rate to protect or enhance the natural environment in Kaipātiki.

How we consulted

14. The consultation was held between 13 July and 14 August 2023. A communications campaign encouraged people to “Help Shape the Future’ of the Kaipātiki Local Board area and to “Tell us what’s important”. This was promoted through libraries and council facilities, the Kaipātiki Local Board Facebook Page, e-newsletters, Our Auckland articles, local newspapers, mainstream and ethnic radio stations, and at community noticeboard at key road-side locations across the Kaipātiki Local Board area.

15. 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: There was one face-to-face engagement event (spoken interaction) held in the style of a hearing on 9 August 2023 at the Kaipātiki Local Board Office. There were also engagement panels hosted in the foyer of Glenfield Library where the general public could provide their views on the draft local board plan.

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

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

· Nibras Altayyar, Kaipātiki Community Facilities Trust Ethnic Advisor, used her connections to engage wider ethnic communities and encourage them to feedback into the plan. She attended a Middle Eastern Community Event, Chinese Cultural Gathering, Indonesian Gathering and Japanese Kauri Educational Trust gathering and received many completed physical feedback forms in Chinese. Nibras personally met with several ethnic leaders including Zayed from the North Shore Islamic Trust, Ahmed from the North Shore Islamic Association, and Daya from the Sri Lankan Newspaper Trust to promote the plan.

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

· 77 submissions through the online survey tool

· 57 hard copy submissions

· 13 emails

· 48 pieces of feedback via Have Your Say events.

Tātaritanga me ngā tohutohu

Analysis and advice

Demographics of submitters

18. Of the 195 submissions that were received, 130 provided their gender, 132 provided their age, and 135 provided their ethnicity.

19. Graphs 1-3 below provide a comparison between the submitter demographic information and the Kaipātiki Local Board census data.

Graph1 : Gender identity data compared to census data (another gender data not available)

A graph showing percentages and percentages

Description automatically generated

Graph 2: Age data compared to census data

A graph of a number of percents

Description automatically generated

Graph 3: Ethnicity data compared to census data

A graph of a number of people

Description automatically generated

Summary of consultation feedback

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

21. Staff have prepared a Summary of Feedback report (refer to Attachment A of the agenda report) summarising the results of the consultation. The key messages of the report are described in Table 1 below.

Table 1: High level summary of responses to consultation questions (written feedback)

Consultation question	Themed feedback
Q1. How well do you think our draft plan reflects the needs and aspirations for our community over the next three years?	72 per cent of individuals and 100 per cent of organisations responded positively. Reasons included general support for the plan and a view that it was well rounded. 16 per cent of individuals responded negatively. Reasons included the plan being too high level or not including a specific project. 12 per cent of individuals were unsure.
Q2. Is there anything else you think should be included in the draft plan?	54 per cent of individuals and 63 per cent of organisations responded that something else that should be in the plan. Comments were themed into the areas of environment and climate, transport, parks and facilities, housing and development. 15 per cent of individuals and 25 per cent of organisations responded that there wasn’t anything else required in the plan. The main reason being that the plan was already comprehensive. 31 per cent of individuals and 13 per cent of organisations were unsure.
Q3. Have we identified the most important opportunities or challenges in our draft plan?	60 per cent of individuals and 100 per cent of organisations responded positively. Comments were themed into the areas of community wellbeing, environment and climate, and transport. 10 per cent of individuals responded negatively. Comments were themed into the areas of environment and climate, community wellbeing, and finance. 30 per cent of individuals were unsure. Comments were themed into the areas of weather and storm events, environment and climate, and transport. There was also a theme that more detail was required.
Q4. How well have we reflected the aspirations for Māori in our draft plan?	69 per cent of individuals and 71 per cent of organisations responded positively. Comments were themed into the areas of general support, priority focus, and community wellbeing. 3 per cent of individuals responded negatively. 28 per cent of individuals and 29 per cent of organisations were unsure. Comments were themed into the areas of not knowing, priority focus, and general support.
Q5. How well have we reflected the outcomes for climate change in our draft plan?	70 per cent of individuals and 100 per cent of organisations responded positively. Comments were themed into the areas of general support, environment and climate, weather and storm events and parks and facilities. 19 per cent of individuals responded negatively. Comments were themed into the areas of needing more detail, housing and development, seeking a specific project / action, and transport. 11 per cent of individuals were unsure. Comments were themed into the area of environment and climate.
Q6. Do you support us investigating the use of a local targeted rate to secure dedicated funding for protecting and enhancing the natural environment in Kaipātiki?	58 per cent of individuals and 75 per cent of organisations responded positively. Reasons included support for this being a priority area for investment, and general support. 23 per cent of individuals and 13 per cent of organisations responded negatively. Reasons included concerns for affordability, and a view to use existing funds. 18 per cent of individuals and 13 per cent of organisations were unsure. Reasons included not knowing, and concerns for affordability.
Q7. A possible local targeted rate to protect or enhance the natural environment in Kaipātiki could cover a few areas. Please pick the area(s) where you would most want to see investment secured for:	The top five areas for investment were as follows: · Flood management (n=57) · Water quality improvement (n=46) · Bush track maintenance (n=45) · Pest (plant and animal) reduction (n=43) · Tree planting (n=38)
Q8. If we were to introduce a local targeted rate to protect or enhance the natural environment in Kaipātiki, how much would you be willing to pay annually on top of your rates bill?	33 per cent of individuals and 14 per cent of organisations responded that they wouldn’t be willing to contribute any amount. 28 per cent of individuals and 43 per cent of organisations responded that they would be willing to contribute $0-$49 per annum. 22 per cent of individuals and 43 per cent of organisations responded that they would be willing to contribute $50-$99 per annum. 9 per cent of individuals responded that they would be willing to contribute $100-$149 per annum. 8 per cent of individuals responded that they would be willing to contribute $150+ per annum.

Publishing the results of public consultation

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

26. The draft Kaipātiki 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.

27. The Kaipātiki Local Board asked a question during the consultation about climate change. 70 per cent of individuals and 100 per cent of organisations that provided written feedback responded that the draft Kaipātiki Local Board Plan 2023 reflected the outcomes for climate change very well or quite well. 100 per cent of those that provided feedback at an event responded positively too.

28. The climate impact of any initiatives the Kaipātiki 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

29. 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.

30. 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.

31. 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

32. The Kaipātiki Local Board should consider all submissions and feedback to the draft Kaipātiki 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.

33. Feedback received from community in the Annual Budget 2023/2024 consultation was used to shape the draft plan.

34. The following local community groups provided feedback through the consultation period:

Organisations
Aktive	Grey Power North Shore
Big Street Bikers	Harbour Sport
Bike Auckland	Kaipatiki Community Facilities Trust
Birkenhead Residents Association Inc	North shore islamic association
Civic Trust Auckland	Pest Free Kaipātiki
Community Cat Coalition Inc.	Senior Focus
Community Groups Feeding the Homeless	Seraj Community Group
Disabled Persons Assembly NZ	Shepherds Park Squash Club Inc
Eventfinda Stadium	Takapuna Athletic & Harrier Club
Forest & Bird	The Tree Council

Tauākī whakaaweawe Māori

Māori impact statement

35. The draft Kaipātiki Local Board Plan 2023 was developed with consideration given to existing feedback from mana whenua and mataawaka. This included seeking their views and values throughout the development of the local board plan 2023 through online information sessions and tailored feedback forms to iwi.

36. A joint-board whakawhanaungatanga hui was held in Northcote during the early engagement period alongside the Devonport-Takapuna Local Board.

37. A follow up hui with local Māori was planned to take place during the consultation period in collaboration Uruamo Maranga Ake Marae, however due to planning issues this didn’t occur.

38. 11 submissions were received from those identifying as Māori.

39. The Kaipātiki Local Board asked a question during the consultation about how well the draft Kaipātiki Local Board Plan 2023 reflected the aspirations for Māori. 89 per cent of those that identified as Māori responded that it reflected the aspirations very well or quite well.

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 Kaipātiki 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 Kaipātiki Local Board will adopt the Kaipātiki Local Board Plan 2023 on 25 October 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	20 September 2023 - Draft Kaipātiki Local Board Plan 2023 - Summary of Feedback

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

Kaipātiki Local Board

20 September 2023

Local board feedback on Emergency Management Bill

File No.: CP2023/13027

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 Kaipātiki 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 of the agenda report.

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	20 September 2023 - Kaipātiki Local Board business meeting - 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

Trina Thompson - Local Area Manager

Kaipātiki Local Board

20 September 2023

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/11804

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 (refer to Attachments A, B and C of the agenda report). 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 Kaipātiki 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 (refer to Attachments A, B and C of the agenda report).

11. In September 2022, Auckland Council submitted feedback on the Local Government Electoral Legislation Bill. Within this omnibus bill there are proposed changes to the provisions for Māori representation in local government including requiring councils to engage with Māori and other communities of interest prior to making a decision on Māori representation.

12. A further provision requiring any council that has not had Māori representation for the previous two triennial elections to reconsider its position is proposed to come into effect after the 2025 elections. The Omnibus Bill also includes other provisions relevant to Auckland Council including the ability for Auckland Council to change the number of councillors, and provisions for local board re-organisation.

13. 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

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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

22. 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.

23. 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

24. 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

25. 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

26. 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

27. 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.

28. 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.

29. Māori representation at the local board level has thus far not been included as part of the Local Electoral Act and further legislative change would need to be proposed in order to introduce Māori seats on local boards. In the process of seeking local board views on the Local Government Electoral Legislation Bill, thirteen of the nineteen local boards that provided feedback requested that Māori representation at the local board level was investigated, however this was considered out of scope by the recipients of that feedback.

30. 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

31. 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.

32. 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.

33. 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.

34. 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”.

35. 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

36. 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

37. 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.

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

39. 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.

40. 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

41. 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	20 September 2023 - Kaipātiki Local Board business meeting - Māori Seats Consultation Document
b	20 September 2023 - Kaipātiki Local Board business meeting - Māori Seats Consultation Summary Document
c	20 September 2023 - Kaipātiki Local Board business meeting - 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

Trina Thompson - Local Area Manager

Kaipātiki Local Board

20 September 2023

Biodiversity Credit System – central government discussion document

File No.: CP2023/13527

Te take mō te pūrongo

Purpose of the report

1. To provide an overview of central government’s discussion document entitled ‘Helping nature and people thrive – Exploring a biodiversity credit system for Aotearoa New Zealand’, and its potential implications for Auckland Council should such a system be advanced.

2. To provide an opportunity for Local Boards to offer any feedback to council staff to help inform the preparation of a council submission on the proposed Biodiversity Credit System.

Whakarāpopototanga matua

Executive summary

3. Central government (Ministry for the Environment, Department of Conservation) published a discussion document on 7 July 2023 (weblink: Biodiversity Credit System) which is exploring the potential for a ‘biodiversity credit system’ that could be developed for Aotearoa New Zealand. Central government is seeking feedback on the need for and possible design of a biodiversity credit system, and the potential roles of government and Māori in implementing it.

4. Staff from Natural Environment Strategy (NES) are coordinating the development of a proposed Auckland Council submission. Staff are inviting feedback from local boards, mana whenua and the Rural Advisory Panel, to help shape the proposed Auckland Council submission which will be considered by the Planning, Environment and Parks Committee on 5 October 2023.

5. NES staff provided a webinar to overview the discussion document with approximately 40 local board members on 21 August 2023. Local board feedback to NES staff is due no later than 29 September 2023.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) whakarite / provide any feedback to council staff to help inform a council submission on the proposed Biodiversity Credit System by 29 September 2023.

Horopaki

Context

6. The development of a national biodiversity credit system is intended to be used to increase funding opportunities from the private sector towards restoration efforts. This could be a catalyst to, or supplement, council activities, such as the regulatory implementation of the National Policy Statement for Indigenous Biodiversity (NPSIB) and the National Policy Statement for Freshwater Management (NPSFM).

7. The government’s discussion document is very much an initial consultation to start the national conversation about a potential biodiversity credit system that could be developed for Aotearoa New Zealand. Consequently, the government’s discussion document is very exploratory in nature and does not set out a specific proposed system with clear scope, roles and implementation mechanisms to provide feedback on, rather it discusses a number of different approaches that could be taken to different aspects of designing and implementing such a system.

Main points covered in discussion document

8. The discussion document explains:

a) what biodiversity credits and a biodiversity credit system are with some international examples that are emerging

b) what the benefits could be in the Aotearoa New Zealand context

c) different approaches that could be taken to the scope and design of a system, and

d) the distinct roles that government could play.

9. The discussion document includes consultation questions that seek views on the different approaches and roles for a biodiversity credit system.

10. Biodiversity credits are a way of attracting funding from the private sector, to invest in efforts by landowners to protect, maintain and enhance indigenous vegetation and habitats, including shrublands, grasslands, wetlands and natural and regenerating native forests. The credits are intended to recognise, in a transparent and consistent way, landholder projects or activities that protect, maintain and enhance indigenous biodiversity, or positive outcomes, e.g., a 1 % increase (or avoided decrease) in the indigenous biodiversity of a hectare.

11. By purchasing credits, people and organisations can finance and claim credit for their contribution to ‘nature-positive’ actions and outcomes. This is an emerging approach that is gaining considerable interest internationally. In Aotearoa New Zealand, credits could relate to protecting, restoring, and enhancing nature on public and private land, including whenua Māori (Māori land).

12. A biodiversity credit system could recognise efforts to protect, enhance and restore indigenous biodiversity in any habitat (on land, in freshwater, and / or coastal and marine environments) or only in some. Biodiversity credits could represent work on whole ecosystems or catchments or focus on endangered or taonga species or remnant habitats.

13. The discussion document suggests seven principles that could apply to the design of a government supported biodiversity credit system. The principles would let people know what they can expect when they participate in a biodiversity credit system and what is expected of them. For example, the system should have clear rules for the claims investors can make to avoid ‘greenwashing,’ should reward nature-positive activities additional to business as usual, and the system should maximise positive impact on biodiversity (including uplifting mauri and mana of biodiversity).

14. The discussion document also explains the components of a fully functioning system, including measurement, verification and reporting, legal recognition, potential ways credits can be traded and the roles of industry experts. It notes that regional and district councils could potentially play a role in providing expertise to landowners for biodiversity credit activities and / or projects.

15. The Government is exploring the possible roles it could play to support the establishment of a biodiversity credit system for Aotearoa New Zealand that would operate with both integrity and impact. It suggests the following two roles but notes that a blend of these options may be appropriate, which could evolve over time:

a) market enablement: where it provides policies and guidance for the development and uptake of voluntary schemes in Aotearoa New Zealand, and potentially funding for system development as the market is established. An enablement role seeks to influence the outcomes and operation of the market, using non-regulatory tools such as good practice guidance and optional standards.

b) market administration: where it establishes and manages a voluntary biodiversity scheme and is active in the ongoing management and administration. A market administration role includes setting a regulatory framework, with tools to direct the outcomes and the operation of the market.

Tātaritanga me ngā tohutohu

Analysis and advice

Potential implications for Auckland Council

16. Given the nature of the government’s discussion document, it is difficult to be certain about the potential implications of a biodiversity credit system for Auckland Council as no clear proposals have been made about its scope, design and implementation or different roles central government and councils will have within the system.

17. There are potential benefits that a biodiversity credit system could have for funding protection, restoration, and enhancement of indigenous biodiversity on public and private land in the Auckland region. Depending on the scope and design of a biodiversity credit system (which will be developed following feedback on this initial consultation being undertaken by central government), it could be of relevance to initiatives undertaken locally seeking to achieve positive biodiversity and freshwater outcomes as they complement regulatory requirements (e.g. tree planting, stream restoration etc). However, as discussed in paragraph 13 above, one of the suggested principles for a biodiversity credit system is ‘it should reward nature-positive activities additional to business as usual’. For example, this suggests that funding derived from a credit should not serve to substitute funding provided to existing council programmes.

18. As the discussion document is at an early, exploratory stage, it is not clear yet what role councils should play or how the council group including local boards might benefit. MfE stated in a recent presentation to the Te Uru Kahika Resource Managers Group on 31 August that it is very open to hearing suggestions from councils.

19. Our feedback is likely to include a number of our own questions and different views from the council group about the system scope, design and implementation. In some instances, we may also be able to suggest different options for consideration by central government, e.g. in relation to the role councils could play:

a) little or no involvement by council?

b) some partnership with central government to help identify focus areas for achieving best biodiversity outcomes?

c) council acts as a translator / navigator providing advice to landowners in the region about use of biodiversity credits and where to focus efforts?

20. There are 23 questions asked in the discussion document. NES staff have identified the key questions that are more about the system design and overall approaches that could be taken, which we thought local boards may want to focus any feedback on. These can be found in Attachment A of the agenda report.

Ngā koringa ā-muri

Next steps

21. Feedback from Kaipātiki Local Board is due no later than 29 September, to help inform the proposed council submission that will be presented to the Planning, Environment and Parks Committee on 5 October 2023.

22. As part of preparing the council submission, staff will consider and present the potential impacts on climate, Māori and local board views as well as the financial implications, risks and mitigations in the report to the Planning, Environment and Parks Committee. Due to this being an initial consultation to start the national conversation about a potential biodiversity credit system, central government’s discussion document is very exploratory in nature and does not set out a specific proposed system with clear scope, roles and implementation mechanisms to provide feedback on. Therefore, it is difficult to assess the potential impacts and implications at this stage, and this may become more evident in subsequent central government consultations when a more defined approach to the design and implementation of a biodiversity credit system has been developed and proposed.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	20 September 2023 - Kaipātiki Local Board business meeting - Attachment A - Key consultation questions

Ngā kaihaina

Signatories

Authors

Taran Livingston - Lead Analyst, Natural Environment Strategy

Authorisers

Dave Allen - Manager Natural Environment Strategy

Louise Mason - General Manager Local Board Services

Paul Edwards – Acting Local Area Manager

Kaipātiki Local Board

20 September 2023

Local board feedback on Hauraki Gulf / Tīkapa Moana Marine Protection Bill

File No.: CP2023/13351

Te take mō te pūrongo

Purpose of the report

1. To provide Kaipātiki Local Board’s feedback for inclusion in Auckland Council’s submission on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill.

Whakarāpopototanga matua

Executive summary

2. The Hauraki Gulf / Tīkapa Moana Marine Protection Bill seeks to contribute to the restoration of the health and mauri of the Hauraki Gulf / Tīkapa Moana. It proposes to do this by establishing two marine reserves, five seafloor protection areas, and 12 high protection areas in the Hauraki Gulf, and acknowledging customary rights within seafloor protection areas and high protection areas.

3. This bill seeks to address the ongoing environmental decline of the Hauraki Gulf / Tīkapa Moana (the Gulf) due to human activities, as described in consecutive “State of our Gulf” reports. Pressures from harvesting and utilization activities, land-based activities (such as pollution and sedimentation), and climate change have contributed to a decline in coastal and marine biodiversity. Those issues are manifesting in the increasing prevalence of ecosystem changes such as kina barrens, habitat loss, and localized fisheries depletion. New Zealand and international experts consider area-based marine protection to be one of the most effective methods for protecting marine life.

4. At present the Gulf has 6 marine reserves and four cable protection zones (CPZs), which are recognised as Type 2 marine protected areas. The Bill creates two new marine reserves as extensions to existing marine reserves, 12 high protection areas (HPAs), and five seafloor protection areas (SPAs). Those areas will increase protection almost threefold from 6.7% to just over 18% of the Gulf (including the CPZs). Together they will create a more effective network of marine protection. This will result in positive biodiversity outcomes and contribute to the goal of restoring the overall health and mauri of the Gulf.

5. The development of those marine protection areas was initiated in the 2017 Sea Change – Tai Timu Tai Pari: Hauraki Gulf Marine Spatial Plan (the Sea Change plan). This is a non-statutory marine spatial plan for the Gulf developed by an independently formed stakeholder working group.

6. In response to the Sea Change plan, in 2021 the Government released Revitalising the Gulf: Government action on the Sea Change Plan (Revitalising the Gulf). The marine protection areas proposed in Revitalising the Gulf were based on those proposed in the Sea Change plan. A ministerial advisory committee provided independent advice on the proposals.

7. In establishing those marine protection areas, the Government recognises rights and interests of Māori provided for by the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and the Marine and Coastal Area (Takutai Moana) Act 2011. The HPAs and SPAs will not affect an applicant group’s ability to obtain recognition of protected customary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011. The HPAs and SPAs will also not affect the exercise of protected customary rights or rights held by a customary marine title group under that Act.

8. The full content of the bill can be found at https://legislation.govt.nz/bill/government/2023/0282/latest/whole.html?search=ta_bill%40bill_H_bc%40bcur_an%40bn%40rn_25_a&p=1

9. Auckland Council has been given the opportunity to provide feedback on the Government’s Hauraki Gulf / Tīkapa Moana Marine Protection Bill.

10. The timeframe for member feedback and approval process for the submission is below:

· Monday 4 September 2023 - consultation opens

· Date TBC - Local Board members will receive a memo

· Monday 18 September 2023 – Local Board Members’ briefing

· Friday 29 September 2023 – feedback will be incorporated into council’s submission

· Monday 16 October 2023 – feedback will be appended to council’s submission.

11. The timeframe for providing feedback fall outside the board’s business meeting schedule. It is therefore recommended that the local board delegate authority to a Local Board Member to prepare and submit the feedback on behalf of the local board.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) delegate the Chairperson and Deputy Chairperson the responsibility of preparing local board feedback on Auckland Council’s submission on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill, noting that:

i) feedback is required by Friday 29 September to be incorporated into council’s submission and feedback received by Monday 16 October will be appended to council’s submission;

ii) proposed board feedback will be circulated to all members via email for comment and indicative approval prior to it being submitted; and

iii) finalised board feedback will be placed on the next available business meeting agenda for retrospective endorsement.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors	Jacinda Gweshe - Democracy Advisor
Authorisers	Paul Edwards – Acting Local Area Manager

Kaipātiki Local Board

20 September 2023

Local board feedback on bottom fishing access zones (trawl corridors) in the Hauraki Gulf

File No.: CP2023/13368

Te take mō te pūrongo

Purpose of the report

1. To provide Kaipātiki Local Board’s feedback for inclusion in Auckland Council’s submission on bottom fishing access zones (trawl corridors) in the Hauraki Gulf.

Whakarāpopototanga matua

Executive summary

2. Fisheries New Zealand released a discussion paper consulting on options for establishing bottom fishing access zones, also known as trawl corridors, in the Hauraki Gulf (Tīkapa Moana / Te Moananui-ā-Toi) on 30 August 2023. The proposals follow the June 2021 publication of Revitalising the Gulf.

3. The Fisheries New Zealand proposal presents four options (Figure 1 below) for bottom fishing access zones (BFAZ) that vary in closing 74.1 per cent to 87.3 per cent of the Gulf to Danish seining and 77.1 per cent to 89.2 per cent of the Gulf to bottom trawl fishing. Current closures protect on average 35% of predicted suitable habitat. The proposals seek to protect key seafloor habitats by excluding bottom trawling and Danish seining from the Hauraki Gulf, except within defined areas.

Figure 1:

4. More detail can be found in the discussion document in Attachment A of the agenda report.

5. Staff from Natural Environment Strategy (NES) are coordinating an Auckland Council submission and inviting input from local boards and mana whenua. The submission will be considered by the Planning, Environment and Parks Committee on 2 November 2023.

6. Local Board members received a memo on Wednesday 13 September, which provided an overview of central government’s discussion document (refer to Attachment B of the agenda report)

7. The timeframe for member feedback and approval process for the submission is below:

· Monday 4 September 2023 - consultation opens

· Wednesday 13 September 2023 - Local Board members received overview memo

· Monday 18 September 2023 – Local Board Members’ briefing

· Friday 29 September 2023 – feedback will be incorporated into council’s submission

· Monday 16 October 2023 – feedback will be appended to council’s submission.

8. Local board feedback received by 29 September will be considered by staff from council’s Natural Environment Strategy (NES) team in shaping the proposed council submission. While early input is encouraged where possible, all local board feedback received by 16 October 2023 will be appended to the committee report.

9. The timeframe for providing feedback fall outside the board’s business meeting schedule. It is therefore recommended that the local board delegate authority to a Local Board Member to prepare and submit the feedback on behalf of the local board.

10. Council staff will be taking an agenda report and proposed draft submission to the Planning Environment and Parks Committee on 2 November 2023.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) delegate the Chairperson and Deputy Chairperson the responsibility of preparing local board feedback on Auckland Council’s submission on bottom fishing access zones (trawl corridors) in the Hauraki Gulf, noting that:

i) feedback is required by Friday 29 September to be incorporated into council’s submission and feedback received by Monday 16 October will be appended to council’s submission;

ii) proposed board feedback will be circulated to all members via email for comment and indicative approval prior to it being submitted; and

iii) finalised board feedback will be placed on the next available business meeting agenda for retrospective endorsement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	20 September 2023 - Kaipātiki Local Board business meeting - Discussion document: Bottom Fishing Access Zones in the Hauraki Gulf Marine Park
b	20 September 2023 - Kaipātiki Local Board business meeting - LB Memo - Hauraki Gulf Bottom Trawling

Ngā kaihaina

Signatories

Authors	Jacinda Gweshe - Democracy Advisor
Authorisers	Paul Edwards – Acting Local Area Manager

Chairperson	John Gillon
Deputy Chairperson	Danielle Grant, JP
Members	Paula Gillon
	Erica Hannam
	Melanie Kenrick
	Tim Spring
	Dr Janet Tupou
	Adrian Tyler

No.	Title	Page
a	20 September 2023 - Kaipātiki Local Board business meeting - 2 August 2023 workshop record
b	20 September 2023 - Kaipātiki Local Board business meeting - 9 August 2023 workshop record
c	20 September 2023 - Kaipātiki Local Board business meeting - 23 August 2023 workshop record
d	20 September 2023 - Kaipātiki Local Board business meeting - 30 August 2023 workshop record