Agenda of Rodney Local Board - Wednesday, 20 September 2023

1 Nau mai | Welcome

2 Ngā Tamōtanga | Apologies

An apology from Member M Carmichael has been received.

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Rodney Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 16 August 2023, including the confidential section, as a true and correct record.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Deputation: Ngāti Manuhiri - Application to lease the Sandspit house

Te take mō te pūrongo

Purpose of the report

1. Delma O’Kane has requested a deputation to discuss the Application to lease the Sandspit house.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Ms O’Kane for her attendance at the meeting.

8.2 Deputation: The Retreat - Alcohol Rehabilitation Programme

Te take mō te pūrongo

Purpose of the report

1. Janet Thompson has requested a deputation to discuss The Retreat’s Alcohol Rehabilitation Programme offered to the community.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Ms Thompson for her attendance at the meeting.

Attachments

a 20 September 2023 - Rodney Local Board, Item 8.2 - The Retreat - Alcohol Rehabilitation Programme............................................................... 157

8.3 Deputation: Mahurangi Artist Network

Te take mō te pūrongo

Purpose of the report

1. Alysn Midgelow-Mardsen has requested a deputation to suggest options to highlight the Mahurangi Artist's Studio Trail and local arts.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Ms Midgelow-Mardsen for her attendance at the meeting.

8.4 Deputation: Matakana community-led pump track

Te take mō te pūrongo

Purpose of the report

1. Matt Woodside has requested a deputation to discuss the Matakana community-led pump track project.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Mr Woodside for his attendance at the meeting.

Attachments

a 20 September 2023 - Rodney Local Board, Item 8.4 - Matakana community-led pump track presentation...................................................... 171

8.5 Deputation: Pohutakawa Trees on the foreshore at Whangateau Reserve

Te take mō te pūrongo

Purpose of the report

1. Leesa Irving has requested a deputation to discuss the Pohutakawa Trees on the foreshore at Whangateau Reserve.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Ms Irving for her attendance at the meeting.

Attachments

a 20 September 2023 - Rodney Local Board, Item 8.5 - Save The Phutakawa Trees presentation.................................................................... 179

b 20 September 2023 - Rodney Local Board, Item 8.5 - Location Plans....... 185

8.6 Deputation: Kawau Island Coastguard

Te take mō te pūrongo

Purpose of the report

1. Paul Steinkamp president of the Kawau Volunteer Coastguard has requested a deputation to discuss Wharf proposals to provide a highly capable search and rescue service to the community.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) thanks Mr Steinkamp for his attendance at the meeting.

Attachments

a 20 September 2023 - Rodney Local Board, Item 8.6 - Kawau Island Coastguard - Wharf proposals.................................................................... 193

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.”

Rodney Local Board

20 September 2023

New public road name at 101 Argent Lane, Upper Orewa - Milldale Stage 4F

File No.: CP2023/12416

Te take mō te pūrongo

Purpose of the report

1. To seek approval to name one new public road, created by way of a subdivision development at 101 Argent Lane, Upper Orewa.

Whakarāpopototanga matua

Executive summary

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

3. The developer and applicant, Fulton Hogan Land Development Limited has proposed the names presented below for consideration by the local board.

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

5. The proposed names for the new public road at 101 Argent Lane are:

· Parklink Avenue (applicant’s preference)

· Honohono Avenue (alternative)

· Centrelink Avenue (alternative).

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) whakaae / approve the name ‘Parklink Avenue’ for the new public road created by way of subdivision undertaken by Fulton Hogan Land Development Limited, at 101 Argent Lane, Upper Orewa, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60352918, SUB60352919-D, road naming reference RDN90109730).

Horopaki

Context

6. Resource consent reference BUN60352918 (subdivision reference number SUB60352919-D) was issued in October 2020 for a staged subdivision development and subsequent road network.

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

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

9. The public road therefore requires a road name and is highlighted in yellow in Attachment A to the agenda report.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

· a particular landscape, environmental or biodiversity theme or feature

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

12. Theme: The proposed names do not reflect a specific theme, but rather the physical location of the road within the development:

Proposed name	Meaning (as described by applicant)
Parklink Avenue (applicant’s preference)	The road to be named is a planted road (green street / avenue) that links the first Neighbourhood Centre and Waterloo Reserve in Stage 4 to the Milldale Town Centre and Central Reserve in Stage 6. The proposed name reflects the road’s location within the development
Honohono Avenue (alternative)	‘Honohono’ is the Te Reo word for ‘join/s, linkages’. The road to be named is a planted road (green street / avenue) that links the first Neighbourhood Centre and Waterloo Reserve in Stage 4 to the Milldale Town Centre and Central Reserve in Stage 6. The proposed name reflects the road’s location within the development Gifted from Manuhiri Kaitiaki Charitable Trust
Centrelink Avenue (alternative)	The road to be named is a planted road (green street / avenue) that links the first Neighbourhood Centre and Waterloo Reserve in Stage 4 to the Milldale Town Centre and Central Reserve in Stage 6. The proposed name reflects the road’s location within the development

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

14. For the development of Milldale over the last 15 years applications have normally been lodged for entire stages. This has meant that after research and consultation with mana whenua several Te Reo names have been able to be named in each stage. Both Te Reo and European names have reflected a theme or the history of the area. On occasion, descriptive names have been used to assist with orientating / directing locals and visitors in the area. In this instance, the road requiring a name links the two main parks in Milldale, the central Milldale Reserve and Waterloo Reserve. A name that will provide public guidance and that will help to direct locals and visitors is considered appropriate and is therefore preferred by the applicant. The name ‘Honohono’ which has been offered by Ngāti Manuhiri is planned to be adopted by the applicant in a more suitable future application if not selected by the local board in this instance.

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

16. Road Type: ‘Avenue’ is an acceptable road type for the new public road, suiting its form and layout.

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

22. In July 2023 the applicant contacted Ngāti Manuhiri and consulted with them on several Te Reo name options for the road.

23. On 3 August 2023, Ngāti Manuhiri confirmed their preference for the use of the gifted name ‘Honohono’. For the reasons outlined in section 14, the applicant has decided to adopt ‘Honohono Avenue’ as an alternative option rather than the preferred option.

Ngā ritenga ā-pūtea

Financial implications

24. The road naming process does not raise any financial implications for the council.

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - 101 Argent Lane Upper Orewa - Scheme Plan	13
b ⇩	Attachment B - 101 Argent Lane Upper Orewa - Location Plan	15

Ngā kaihaina

Signatories

Author

Mira Narula - Planning Consultant

Authorisers

Trevor Cullen - Team Leader Subdivision

Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Seasonal Closure of Vehicle Access to TeOneone Rangatira / Muriwai Beach

File No.: CP2023/13247

Te take mō te pūrongo

Purpose of the report

1. To seek feedback regarding the seasonal closure of vehicle access to Te Oneone Rangatira / Muriwai Beach over the Guy Fawkes and New Year periods for 2023-2025.

2. To inform the Rodney Local Board of the ongoing management of motorised vehicles accessing Te Oneone Rangatira / Muriwai Beach.

Whakarāpopototanga matua

Executive summary

3. In 2021 and 2022, The Parks, Arts, Community and Events Committee approved the seasonal closure of vehicle access to Te Oneone Rangatira / Muriwai Beach over the New Year period (resolutions PAC/2021/48 & PAC/2022/51).

4. On 5 October 2023, staff will be presenting a report to the Planning, Environment and Parks Committee recommending seasonal closures over the Guy Fawkes and New Year periods for the next three years (2023-2025). Staff are seeking feedback regarding these recommendations from the Rodney Local Board.

5. Increased numbers of locals and visitors driving motorised vehicles on Te Oneone Rangatira / Muriwai Beach has resulted in ongoing concerns around beach user safety and driver behaviour, environmental protection, and fire risk.

6. The council currently addresses concerns and negative impacts through signage and barriers, information and education, a permit system, seasonal closures and through the Public Safety and Nuisance Bylaw (2013).

7. Many community members and stakeholders strongly support seasonal vehicle access closures, although not all are supportive of this measure. Parks staff have received positive feedback that the beach felt safer for a range of activities when vehicle access was restricted, such as dog walking, picnicking, family use and horse riding.

8. The proposed seasonal closures are supported by the Community Advisory Group and the Joint Agency Muriwai Management Group.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) tautoko / support the implementation of seasonal restrictions to control motorised vehicle access to Te Oneone Rangatira / Muriwai Beach over the New Year period for three years from 2023 to January 2026, to address concerns around beach user safety and driver behaviour, environmental protection and fire risk.

b) tautoko / support the implementation of the additional closure of vehicle access over the Guy Fawkes period for 2023-2025 to address heightened concerns around fire risk and environmental protection.

Horopaki

Context

9. Driving motorised vehicles on beaches is generally prohibited. The only two exceptions within the Auckland region are Te Oneone Rangatira / Muriwai Beach, and Karioitahi Beach, and both require a council issued permit.

10. There are currently two vehicle access points to Te Oneone Rangatira / Muriwai Beach, from Coast Road and Wilson Road.

11. Motorised vehicles on the beach have been of ongoing concern in terms of beach user safety and driver behaviour, environmental protection, and fire risk. These concerns have been heightened in the context of an increasing number of vehicles accessing the beach, ongoing illegal access to the dune system, camping and fires in the back dune area and reports of people not going to the beach due to concerns for their safety during high vehicle use periods.

12. Drivers accessing the beach are required to have the appropriate license, have a permit to drive on the beach, and their vehicles are required to be registered and warranted.

13. The concerns around vehicle management at Te Oneone Rangatira / Muriwai have been the subject of advice to the Rodney Local Board and the former Parks, Arts, Community and Events Committee over the past three years.

14. As Muriwai is a regional park, the Governing Body has decision making authority for the management of these issues, but staff have also worked closely with the Rodney Local Board.

15. Staff have implemented seasonal closures of vehicle access to Te Oneone Rangatira / Muriwai Beach for the past three years:

· 24 December 2020 to 11 January 2021

· 31 December 2021 to 17 January 2022 (extended to 24 January)

· 30 December 2022 to 16 January 2023.

16. Due to the increase in visitors over summer periods and heightened fire risks over the New Year period, staff recommend the continuation of annual seasonal closures between late-December to mid-January for the next three years. Indicative dates are listed below, although these may be varied:

· 29 December 2023 to 15 January 2024

· 31 December 2024 to 13 January 2025

· 31 December 2025 to 12 January 2026.

17. At a meeting of the Joint Agency Muriwai Management Group on 6 September 2023 a proposal was put forward for additional seasonal closures over the Guy Fawkes period, given the increased fire risk over that time. The management group meeting was attended by members of Police, Fire and Emergency New Zealand, Auckland Transport, Ministry of Defence, Regional Parks, Nga Maunga Whakahii o Kaipara Ngahere Limited and ManuLife Forest Management.

18. Staff are recommending closure of vehicle access from the date fireworks go on sale to the Monday following Guy Fawkes Day, for the next three years, starting in 2023.

Current management of vehicle access to the beach

19. The council currently addresses concerns and negative impacts of vehicle access on the beach through signage and barriers, information and education, a permit system, temporary closures and through the Public Safety & Nuisance Bylaw (2013).

20. Staff have worked collaboratively with local Four-Wheel Drive clubs who have provided trailer-mounted information signage showing areas of the beach that are currently vehicle accessible, and those where vehicles are prohibited.

21. While signage has been installed and renewed when damaged or destroyed, observed behaviour suggests it is largely ineffective in their current form. There has been no observable reduction in poor driver behaviour and unlawful vehicle access into the dune systems and adjoining private forest.

Impact of storm events

22. The number of people driving vehicles on Te Oneone Rangatira / Muriwai Beach remains high, although the impact of storm events on the west coast has significantly restricted access since 14 February 2023.

23. Storm damage to Rimmer Road has resulted in its closure as an access point to the beach. This has left Coast Road (within the Muriwai Regional Park) and Wilson Road (an unformed legal road off South Head Road) as the only two access points to the beach, increasing vehicle volumes at both locations. This has had a significant impact on the residents of Wilson Road, given that it is a gravel road in a remote area, with the access unformed and in poor condition.

24. While all vehicle access to Te Oneone Rangatira / Muriwai Beach was closed to restrict access in the Muriwai area following Cyclone Gabrielle, Wilson Road was re-opened in March 2023 and was the only access point to the beach until the re-opening of Coast Road on 4 September 2023.

Tātaritanga me ngā tohutohu

Analysis and advice

25. There is an ongoing requirement to close vehicle access to the beach as required to manage fire risk. This has resulted in the extension of the New Year closure periods in the past, and may do so again in the future, on advice of Fire and Emergency New Zealand.

26. The seasonal closure from 30 December 2022 to 16 January 2023 drew some criticism from the public given the wetter than average summer period.

27. Although weather over the past summer was significantly wetter than past years, the fire risk to the fine leafed vegetation in the dune system and adjacent pine forest remains higher through the holiday period and summer season, with risks increased by illegal camping in the back dune and forest margins.

28. There remains a high proportion of unregistered vehicles without a current warrant of fitness accessing the beach, including off-road trail bikes, quad bikes and other off-road vehicles, despite signage, periodic check points and more active Police enforcement.

Options for ongoing management and enforcement of closures

29. Auckland Transport and Auckland Council are currently jointly reviewing their traffic-related bylaws. This includes the Auckland Transport Traffic Bylaw 2012, Auckland Council Traffic Bylaw 2015 and Auckland Council Public Safety and Nuisance Bylaw 2013 (clause 16 only). The review will consider whether the regulation of vehicles on beaches could be transferred to any new traffic bylaw, as suggested during the 2019 review of the Public Safety and Nuisance Bylaw 2013 to enable the issue of infringement fines.

30. Operationally, the council is still establishing what is required to enable charging for permits to drive on Te Oneone Rangatira / Muriwai Beach and is investigating the provision and installation of a monitoring point and gate through which vehicle access could be controlled. The impact of weather events on access points has generated the need to reevaluate the provision and positioning of gate infrastructure.

Community Engagement and Consultation

31. Regional Parks staff work closely with both the Community Advisory Group and the Joint Agency Muriwai Management Group on the management of vehicles and driver behaviour on the beach.

32. The Community Advisory Group consists of representatives of the residents of the Muriwai and Wilson Road communities, as well as representatives of Four-Wheel Drive clubs. The group was formed following feedback through a series of public meetings which formed part of the consultation on the future management of vehicles on Te Oneone Rangatira / Muriwai Beach. The group meets twice a year, or more frequently if required, and was formed to provide feedback and advice to the council on opportunities to improve the management of vehicle access and positively influence driver behaviour.

33. The Community Advisory Group indicated support for the proposed seasonal closures at a meeting on 30 August 2023. The advisory group requested a change in approach to more positive public messaging, given the current signage does not appear to be resulting in any change in behaviour. Staff will work with the advisory group to deliver this collaboratively in the lead up to the 2023/2024 summer period.

34. The Joint Agency Muriwai Management Group consists of representatives from organisations that contribute to or are impacted by the management of vehicles on the beach and was formed to support collaboration and coordination of activities associated with the management of Te Oneone Rangatira / Muriwai Beach, such as information, monitoring and enforcement activity.

35. The Joint Agency Muriwai Management Group highlighted the risks associated with the Guy Fawkes period and requested the council also restrict vehicle access to the beach for the period from the start of the sale of fireworks until the Monday after Guy Fawkes Day.

Tauākī whakaaweawe āhuarangi

Climate impact statement

36. Coastal erosion due to a changing climate is an ongoing issue at Te Oneone Rangatira / Muriwai Beach and along the west coast. Vehicles driving through this fragile beach and dune ecosystem will exaggerate the impacts of coastal erosion. Better management and control of vehicle access will reduce the overall contribution of vehicles towards coastal erosion in these fragile areas.

37. Many of the vehicles drive in the dune system and forest, which presents a serious fire risk and environmental protection concerns in the high use summer period.

38. Minimisation of vehicles on the beach will reduce carbon emissions and help to change the behaviour of park users, encouraging low-impact modes of transport.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

39. Staff continue to work with other council departments and CCOs including Auckland Transport in the management of vehicle access to Te Oneone Rangatira / Muriwai Beach.

40. The Coast Road access point is located within the regional park area and therefore sits within the decision-making authority of the Planning, Environment and Parks Committee of the council. The decision-making authority to close the unformed section of Wilson Road which also provides access to the beach sits with Auckland Transport, as it is an unformed legal road.

41. Seasonal closures over the New Year period have previously been supported by Auckland Transport who notify the closure of Wilson Road over the same seasonal period. Council staff will work with Auckland Transport on the proposed closures over the Guy Fawkes period.

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

Local impacts and local board views

42. The number and type of vehicles driving on the beach and around beach access points continue to generate concerns for the local community, particularly in relation to beach user safety and driver behaviour.

43. Driver behaviour concerns are not isolated to the beach, but also on surrounding roads in the areas near access points.

44. Some members of the local community are no longer visiting certain areas of the beach due to safety concerns.

45. Although no formal communication has been received from groups opposing the seasonal closures, some who wish to access the beach for a range of activities including fishing and surfing over the holiday period are dissatisfied with the proposed closures.

46. There is anecdotal evidence that there is an increase in vehicles accessing coastal areas outside the Auckland Region during the close period at Te Oneone Rangatira / Muriwai Beach.

47. On 18 August 2021 the Rodney Local Board Resolved the following:

48. Resolution number RD/2021/311

That the Rodney Local Board:

a) provide the following feedback on the continued engagement with the community and implementation of measures to manage motorised vehicles driving on Muriwai Beach in the future

i) shares public concerns about damage to environment and risk to public safety from having vehicles on Muriwai Beach

ii) support the establishment of a Steering Group to work with Auckland Council to better manage vehicles on Muriwai Beach

iii) support the following measures to manage the future use of the beach:

· increased education and signage

· greater emphasis on promoting environmental protection of the beach and dunes systems

· enforcement – work with NZ Police to support increased enforcement

· seasonal restrictions particularly around the closed fire season

· continued working with the community steering group

· paid permits

· managed access options.

CARRIED

Tauākī whakaaweawe Māori

Māori impact statement

49. Mana whenua have a long history and association with Te Oneone Rangatira / Muriwai Beach, with Māori occupation dating back more than 800 years They have an important and active kaitiaki role and work closely with the council on environmental and management issues.

50. Staff continue to engage with Ngāti Whātua o Kaipara through Ngā Maunga Whakahii o Kaipara Development Trust who have voiced support for more active management of the beach.

51. At the time of this report Ngā Maunga Whakahii o Kaipara Development Trust continue to be unable to provide a formal position on the future of motorised vehicles on Te Oneone Rangatira / Muriwai Beach.

Ngā ritenga ā-pūtea

Financial implications

52. The ongoing costs associated with managing vehicles on the beach are currently met by the Regional Parks operational budget.

53. Increased operational costs will be incurred to ensure consistent signage, provision of educational information and support for increased enforcement, but these should be manageable within existing operational budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

54. Although there may be some dissatisfaction with the ongoing seasonal closures from some users, these measures were supported in the public consultation undertaken in 2021. The seasonal closures are a continuation of the approved and known approach taken over the past three years.

55. Emergency services will continue to have access to the beach as required.

Ngā koringa ā-muri

Next steps

56. The views of the Rodney Local Board will be incorporated in the report to the 5 October 2023 meeting of the Planning, Environment and Parks Committee for consideration.

57. Staff will inform the Rodney Local Board of the committee’s decision.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Stephen Bell - Principal Specialist, Regional Parks

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Auckland Transport update on the Rodney Local Board Transport Targeted Rate - 20 September 2023

File No.: CP2023/13590

Te take mō te pūrongo

Purpose of the report

1. To update the local board on progress since 15 March 2023 on the programme of work being delivered by Auckland Transport using the funding from the Rodney Local Board Transport Targeted Rate.

Whakarāpopototanga matua

Executive summary

2. The Rodney Local Board Transport Targeted Rate was introduced by Auckland Council in 2018 after extensive community consultation. An annual rate of $150 is collected from all Rodney ratepayers by Auckland Council, and the programme is delivered by Auckland Transport on behalf of the Rodney Local Board.

3. The Rodney Local Board Transport Targeted Rate is ring-fenced for transport projects in the Rodney Local Board area that are not included in the Regional Land Transport Plan 2021-2031. It was established on the basis that the fund is to support:

· new bus stops and bus services

· new community transport hub facilities

· new footpaths.

4. The original consultation material for the Rodney Local Board Transport Targeted Rate led by Auckland Council sought feedback on the plan to bring forward investment in transport projects including public transport, road sealing and footpaths.

5. The $150 per annum rateable property charge is projected to raise $46 million over 10 years. As of the 17 May 2023, $39,059,355 has been approved for funding through resolutions across the Rodney Local Board area for the projects within the targeted rate’s scope.

6. The Rodney Local Board Transport Targeted Rate has been allocated across all four subdivisions in the Rodney Local Board area: Wellsford, Warkworth, Kumeū and Dairy Flat with total expenditure to 31 August 2023 totalling $19,923,573.85.

7. The Warkworth Community Transport Hub is complete and fully operational since the opening of Te Honohono ki Tai Road and Ara Te Hono (Puhoi to Warkworth motorway) on Monday 19 June. The facility is being used by the 998 bus service (Wellsford to Warkworth) and the 995 bus service (Warkworth to Hibiscus Coast Station).

8. On 19 April 2023 the local board approved (resolution number RD/2023/45) the cancellation of the Huapai Community Transport Hub project and for the remaining project budget to be reallocated to footpath projects in the Kumeū subdivision.

9. On the 17 May 2023 the local board approved (resolution number RD/2023/61) pausing the On-Demand Bus Service Trial in the Warkworth subdivision to investigate available options to deliver improved roading surfaces with the Rodney Local Board Transport Targeted Rate and to investigate alternative approaches and funding streams to deliver on-demand bus services in the Warkworth subdivision. The local board had previously agreed (resolution number RD/2022/130) that new on-demand and fixed-route shuttle services for Warkworth, Leigh and Sandspit should be funded through the Rodney Local Board Transport Targeted Rate at their 21 September 2022 business meeting.

10. On 17 May 2023 the local board approved (resolution number RD/2023/61) funding of $620,000 from the Dairy Flat subdivision portion of the Rodney Local Board Transport Targeted Rate for the investigation, design and construction of the Green Road Park Footpath Project. The Green Road Park Footpath project is a Parks and Community Facilities-led project.

11. On 17 May 2023 the local board approved (resolution number RD/2023/61) an additional $695,000 from the Wellsford subdivision portion of the Rodney Local Board Transport Targeted Rate for the estimated construction costs of the Rodney Street footpath and pedestrian bridge over the rail corridor in Wellsford.

12. The Rodney Local Board approved funding to deliver 35 footpath projects in total; eight have been completed. The table (Attachment A to the agenda report) outlines the local board resolutions from 2020-2022 for the footpath projects being delivered by Auckland Transport.

13. The local board deferred five of the footpath projects in Waimauku, Riverhead and Warkworth at the 21 September 2022 business meeting and the remaining 26 projects are progressing through the investigation and design phases into construction.

14. By 30 June 2023, the physical works for footpaths along 14 roads under the new footpath programme were awarded to Wharehine Construction Ltd.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) tuhi ā-taipitopito / note the status and progress of the delivery of the projects being funded under the Rodney Local Board Transport Targeted Rate.

Horopaki

Context

15. In May 2018, the local board recommended (resolution number RD/2018/61) that the Governing Body approve a targeted rate to accelerate investment in transport in the Rodney Local Board area. The recommendation was accepted, and the Rodney Local Board Transport Targeted Rate (RLBTTR) is currently scheduled to run for 10 years (2018 – 2028).

16. The local board is the decision-maker regarding funds raised through the rate. Auckland Council receives the rates payments, and Auckland Transport provides technical advice and administers the funds on behalf of the local board.

17. The RLBTTR is ring-fenced for transport projects in the Rodney Local Board area that are not included in the Regional Land Transport Plan 2021-2031. It was established on the basis that the fund is to support:

· new bus stops and bus services

· new park-and-ride community hub facilities

· new footpaths.

18. The original consultation material for the RLBTTR led by Auckland Council sought feedback on the plan to bring forward investment in transport projects including public transport, road sealing and footpaths.

19. The RLBTTR must be spent on these items and any material changes to spending priorities may require further public consultation.

20. The RLBTTR was established on the principle that each subdivision within the Rodney Local Board area receives the revenue collected within their subdivision to be used for projects delivered within their area.

21. As the projects develop and firmer cost estimates are prepared, changes will be required to the projects proposed within each subdivision to ensure proportionality is maintained. The Rodney Local Board monitors the performance of the projects and determines whether to re-prioritise its expenditure based on the stated purposes of the funds raised.

22. The budget approvals for the projects across the Rodney Local Board area are all based on cost estimates. As the transport projects are delivered and actual costs are incurred, changes will be required to the budget allocation and to the available funds for projects. Rodney Local Board and Auckland Transport will monitor the reconciliation of these budgets and re-prioritise allocations across the programme.

Tātaritanga me ngā tohutohu

Analysis and advice

Allocations

23. The table below shows the total amount to be allocated by subdivision based on the number of separately used or inhabited part of a rating unit (SUIP) as at 1 July 2018 until the end of the RLBTTR to fund additional transport investment in the Rodney Local Board Area.

Table 1. Total amount to be allocated by subdivision

Targeted rate total amount allocated based on SUIPs as at July 2018
	Wellsford	Warkworth	Kumeū	Dairy Flat	Total
No of SUIPs as on 1 July 2018	3,185	12,673	12,280	2,660	30,798
Targeted rate in total for 10 years based on 1 July 2018 # of SUIPs	$4,777,500	$19,009,500	$18,420,000	$3,990,000	$46,197,000

Approvals

24. The following table outlines the RLBTTR budget approvals as at 17 May 2023.

Table 2. Budget approvals

Budget approvals as at 17 May 2023
Total budget allocation for programme	$46,197,000
Programme elements
Footpaths programme	$24,098,000 (Footpath budget allocation before 21 September 2022 business meeting) Less $2,274,000 for footpath projects deferred in September 2022 Add $620,000 from the Dairy Flat subdivision portion of the RLBTTR for the Green Road Park Footpath Add $695,000 from the Wellsford subdivision portion of the RLBTTR for the estimated construction costs for the Rodney Street footpath and Pedestrian Bridge *Total $23,139,000*	Includes: i. All tranches of approved footpaths ii. Deferral of the following footpath projects with a reduction in the budget allocation of $2,274,000: · Waimauku Station Road, Waimauku · Newton Road, Riverhead · Cambridge Road and Queens Street, Riverhead · Duke Street, Riverhead · Falls Road, Warkworth. iii. The local board approved the funding for the Green Road Park footpath project and the Rodney Street additional funding at the 17 May 2023 meeting (resolution number RD/2023/61)
Community Transport Hub programme	$5,000,000	i.15 July 2020 the local board approved a budget of $5m for the construction of the Warkworth CTH (Resolution number RD/2020/75) ii. 19 April 2023 the local board approved (resolution number RD/2023/45) the cancellation of the Huapai Community Transport Hub project and for the remaining project budget to be reallocated to footpath projects in the Kumeū subdivision.
Bus services	$10,059,539	Includes: i. Final costs for buses 126, 128 and 995. NB: bus services now funded by Auckland Transport and the Climate Action Targeted Rate Programme ii. approved budget of $2,550,000 for the on-demand and fixed-route shuttle service for Warkworth, Leigh and Sandspit NB *On 17 May 2023* *the local board approved* *(resolution number RD/2023/61)* pausing the On Demand Bus Service Trial in the Warkworth Subdivision to investigate available options to deliver improved roading surfaces with the RLBTTR and to investigate alternative approaches and funding streams to deliver on Demand Bus Services in the Warkworth Subdivision
Bus stops	$860,816	New bus stops across the three subdivisions; Wellsford, Dairy Flat and Kumeū serving the bus services (126, 128 and 998) introduced under the RLBTTR in 2019
*Total budget allocation*	$39,059,355

Footpath Programme

25. The Rodney Local Board has approved funding to deliver 36 footpath projects in total. Funding for the footpath projects was approved in three tranches: Tranche 1 in 2020, Tranche 2 in 2021, Tranche 3 in 2022 and the Green Road Park Footpath Project in May 2023 (see Attachment A to the agenda report for resolutions of footpaths).

26. The local board approved the deferral of five projects in Waimauku, Riverhead and Warkworth at the 21 September 2022 business meeting. Eight footpaths have been completed. The remaining 23 projects are progressing through the investigation and design phases into construction (see Attachment B to agenda report for footpath project status).

27. Construction of the footpath projects with Wharehine Construction Ltd as the main contractor started in February 2023, with a duration of 18 months. The following is a summary of the physical works status of the projects underway;

• Riverhead - Matua Road (complete), Tapu Road (complete), York Terrace (complete), Princes Street East (complete), Princes Street West (complete), George Street (complete), Alice Street and King Street (underway)

• Dairy Flat - Dairy Flat Highway to Postman Road (complete)

• Warkworth - Pakiri Road, Leigh (underway), Wech Drive, Warkworth (underway) and Leigh Road in Whangateau (underway)

• Wellsford - School Road (commencing 25 September 2023).

28. Auckland Transport is finalising the contracts with Wharehine Construction Ltd for Albert Street, Leigh; Puhoi Road, Puhoi; Goodall Road, Snells Beach; Rodney Street, Wellsford; Point Wells Road, Point Wells; Ahuroa Road, Puhoi and Olympus Road, Wellsford.

29. The local board resolved on the 19 April 2023 (resolution number RD/2023/45) to cancel the Huapai Community Transport Hub project and reallocated the budget to footpath projects in the Kumeū subdivision. A workshop will be required to allocate this money to specific footpaths.

Community Transport Hub Programme

30. The local board selected Warkworth and Huapai for community transport hubs.

31. In July 2020 the local board approved (resolution number RD/2020/75) the construction of the Warkworth Community Transport Hub. The Warkworth Community Transport Hub is complete and fully operational since the opening of Te Honohono ki Tai Road and Ara Te Hono (Puhoi to Warkworth Motorway) on Monday 19 June. The facility is being used by the 998 bus service (Wellsford to Warkworth) and the 995 bus service, (Warkworth to Hibiscus Coast Station).

32. The 995 bus now travels along the Ara Te Hono motorway, exiting north of Warkworth and then servicing the community transport hub before reaching the terminus in central Warkworth. The following plan at figure 1 shows the 995 Bus service route into Warkworth via the community transport hub.

A map with a route

Description automatically generated

Figure 1

33. The uptake of the Warkworth Community Transport Hub is gradually building since the opening of the Ara Te Hono. The following table details the initial boarding data for AT metro services and Mahu Express at the hub. Intercity Services are now also using the hub as their main stop for Warkworth. However, data for this service has not been included below.

Table 3. Boarding data

Boarding data for Warkworth Community Transport Hub

Weekly average of around 11 passengers per day boarding AT bus services here with a similar number getting off at the Hub

Weekday average (Mon-Fri) of around 13 passengers per day boarding AT bus services here

Maximum of 20 passengers per day boarding AT bus services here on a given day

Mahu Express, 15-20 passengers per day using hub, around 6-7 passengers still catching the bus in Warkworth

34. In July 2022 the local board approved $6.5 million for the investigation, design and construction of the Huapai Community Transport Hub (resolution number RD/2022/1).

35. Auckland Transport received from Auckland Council Property and Commercial Business a rental assessment for the lease agreement required to use the reserve land earmarked for the Huapai Community Transport Hub for the purpose of commuter parking and a cost estimate from Parks and Community Facilities to maintain the parking areas.

36. Overall, opex costs for the lease and the maintenance of the Huapai Community Transport Hub facility would have been between $1,406,205 - $1,659,185 for the 10-year lease period, dependent on the preferred maintenance frequency.

37. Auckland Transport reviewed the potential impacts on the delivery of the project of the estimated costs for the lease and maintenance on the project budget.

38. Auckland Transport advised the local board to not proceed with the project as the impact of the lease and maintenance costs would mean AT would be unable to deliver the project within the approved funding envelope.

39. Auckland Transport’s concept level cost estimate to deliver the project was $5.6 million and the impact of the lease and maintenance costs would mean the project overall budget of $6.5 million would be exceeded by between $500,000 - $750,000.

40. On 19 April 2023 the local board approved (resolution number RD/2023/45) the cancellation of the Huapai Community Transport Hub project and for the remaining project budget to be reallocated to footpath projects in the Kumeū subdivision.

Bus Services and Bus Stops

41. The local board agreed that new on-demand and fixed-route shuttle services for Warkworth, Leigh and Sandspit should be funded through the RLBTTR at the 21 September 2022 business meeting (resolution RD/2022/130).

42. On 17 May 2023 the local board approved (resolution number RD/2023/61) pausing the On- Demand Bus Service Trial in the Warkworth subdivision to investigate available options to deliver improved roading surfaces with the RLBTTR and to investigate alternative approaches and funding streams to deliver on demand bus services in the Warkworth subdivision.

43. Since the local board meeting on 17 May 2023 Auckland Transport have undertaken the following:

· a review of the potential to revise the routes of the 997 and 998 bus services during off-peak times in Warkworth

· an investigation into the use of a fixed shuttle service only for Point Wells/Omaha/Leigh to the complement the revised 997 bus service

· an investigation into the use of the targeted rate funding for unsealed road improvements in the Warkworth subdivision.

Tauākī whakaaweawe āhuarangi

Climate impact statement

44. The Rodney Local Board Transport Targeted Rate supports the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan, the Rodney Local Board Plan 2020 and Auckland Council priorities regarding mitigating the effects of climate change and reducing the council’s carbon emissions. The RLBTTR funds projects that enable better access to active and public transport, namely footpaths, bus services, bus infrastructure and community transport hub facilities.

45. Auckland Transport strives to provide attractive alternatives to private vehicle travel, reduce the carbon footprint of its own operations and, to the extent feasible, that of the contracted public transport network. These projects all support pedestrian and/or cyclist safety, therefore contributing to climate change actions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

46. The appropriate council group inputs were sought by Auckland Transport in the formulation of this update report.

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

Local impacts and local board views

47. The Rodney Local Board is the decision-maker for funds collected through the RLBTTR. Auckland Council receives the rates payments, and Auckland Transport provides technical advice and administers the funds on behalf of the local board.

Tauākī whakaaweawe Māori

Māori impact statement

48. Receipt of this report has no identified impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea

Financial implications

49. The Dairy Flat subdivision has completed the allocation of funds to projects under the programme. There are therefore no further funds available for additional services or capital projects within this subdivision.

50. The Kumeū subdivision has $6,000,000 budget remaining for allocation to footpath projects.

51. The Wellsford subdivision has completed the allocation of funds to projects under the programme. There are therefore no further funds available for additional services or capital projects within this subdivision.

52. The Warkworth subdivision has $1,640,000 budget remaining for allocation. This does not include on-demand bus services currently paused.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

53. Any increases in the cost estimate in any projects agreed by the local board will need formal approval via resolution at a business meeting.

54. The projects being developed under the RLBTTR Programme are subject to the usual project risks including scope changes and cost escalation associated with the development of detailed design plans. To mitigate this risk AT will monitor, manage and report significant potential risks and seek approval from the local board on changes.

Ngā koringa ā-muri

Next steps

55. Auckland Transport will continue working on the programme elements previously resolved by the Rodney Local Board.

56. Auckland Transport will bring reports to the October local board business meeting on the Kaukapakapa Connections project and the pedestrian crossing on Hauraki Road, Leigh.

57. In November Auckland Transport will attend a workshop with the local board on the work undertaken following the local board decision to pause the On Demand Bus Service Trial in the Warkworth subdivision to investigate available options to deliver improved roading surfaces and alternative approaches to deliver on demand bus services in the Warkworth subdivision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - Local Board resolutions for the footpath projects	33
b ⇩	Attachment B - Progress of footpath projects	35

Ngā kaihaina

Signatories

Author

Jeremy Pellow - Programme Director – Auckland Transport

Authorisers

Beth Houlbrooke – Elected Member Relationship Partner (North)

Matthew Kerr - Acting Local Area Manager

Rodney Local Board

20 September 2023

New community lease of the council-owned former wharf manager's dwelling at Sandspit Wharf, Sandspit Recreation Reserve

File No.: CP2023/12872

Te take mō te pūrongo

Purpose of the report

1. To seek approval on the options for progressing a community lease for the council-owned former manager’s dwelling at Sandspit Wharf, Sandspit Recreation Reserve, 1451 Sandspit Road, Sandspit.

Whakarāpopototanga matua

Executive summary

2. The council-owned former Auckland Transport manager’s dwelling has been sitting vacant for approximately three years.

3. In March 2023, Manuhiri Kaitiaki Charitable Trust (the trust through which the Ngāti Manuhiri post settlement governance entity provides environmental services) applied to the council for a community lease of the council-owned former manager’s dwelling comprising: house, garaging and associated outdoor area at Sandspit Wharf, Sandspit Recreation Reserve, 1451 Sandspit Road, Sandspit.

4. Manuhiri Kaitiaki Charitable Trust (the trust) proposes to operate the building as a marine hub for the purposes of maritime safety, protection, education and enhancement. These activities align with the purpose for which the reserve is held and the newly adopted Rodney Local Parks Management Plan containing Sandspit Recreation Reserve, which contemplates leases being granted for marine related recreation and education activities on the reserve. In addition, the proposal also aligns with the Rodney Local Board Plan 2020 outcome two - Our natural environment is healthy and protected.

5. The Auckland Council Community Occupancy Guidelines 2012 inform staff standard recommendations to local boards regarding community leases. In accordance with the guidelines, the trust’s request for a community lease has triggered the opportunity for an expression of interest process. The guidelines also provide that the local board may vary staff recommendations on a case-by-case basis as they deem appropriate.

6. The local board approved its Customer and Community Services Work Programme 2023/2024 at their local board meeting on 19 July 2023 (resolution RD/2023/95). The progression of a new lease at Sandspit Wharf was part of the approved work programme.

7. Sandspit Reserve is subject to the requirements of the Reserves Act 1977. The Reserves Act is one of the Acts in the First Schedule to the Conservation Act 1987. Section 4 of the Conservation Act contains an obligation to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi. As a consequence, in performing functions and duties under the Reserves Act such as granting a recreation reserve lease, the local board must interpret the Reserves Act to give effect to the principles of te Tiriti/the Treaty.

8. The principles of the Treaty likely to be most relevant in making a decision on the lease are:

· Partnership – mutual good faith and reasonableness

· Informed decision making – being well-informed of the mana whenua interests and views

· Active protection – this involves the active protection of Māori interests retained under te Tiriti/the Treaty. It includes the promise to protect rangatiratanga and taonga. Active protection requires informed decision-making and judgement as to what is reasonable in the circumstances.

9. The trust has customary interests within the geographical rohe that includes Sandspit Reserve and its planned operations from and activities within the building (maritime safety, protection, education and enhancement) would give effect to relevant Treaty principles. Other iwi also have customary interests within the rohe that includes Sandspit Reserve and as such it will be necessary to engage with these iwi on a proposed new lease irrespective of which option the local board resolves upon to progress the lease.

10. Should the local board resolve to waive an expression of interest process and progress a new lease to the trust, the council as the administering body of the reserve land is not legally required to publicly notify about the proposed new lease. This is because the lease is contemplated and in conformity with the Rodney Local Parks Management Plan.

11. The local board, however, may choose to publicly notify the lease proposal under management intention 9 of the Rodney Local Parks Management Plan which requires the local board to consider the values, issues and intentions outlined in the management plan and the community needs, including those of Kawau Island residents, when investigating community and commercial leases for the reserve (Attachment C to the agenda report).

12. Subject to the above, staff recommend that the local board delegates authority to the chairperson to appoint a hearings panel to hear any objections or submissions received as a result of the public notification process and make a decision in that regard. The panel must comprise a minimum of three panel members including a panel chairperson and at least two other panelists. Once a panel has heard any objections or submissions, it subsequently makes a recommendation to the local board who, in turn, may make a decision on a new lease.

13. This report recommends that the Rodney Local Board resolve on its preferred option for progressing a community lease of the council-owned former manager’s dwelling at Sandspit Wharf, Sandspit Recreation Reserve, 1451 Sandspit Road, Sandspit.

a) Option one – undertake an expression of interest process

b) Option two – progress a proposed new lease to Manuhiri Kaitiaki Charitable Trust, subject to engaging with other mana whenua.

14. If the local board request staff to undertake an expression of interest process advertising the availability of and seeking applications from eligible groups for a community lease for the council-owned former wharf manager’s dwelling at Sandspit Wharf, staff will progress this in accordance with the local board decision.

15. If the local board resolves to publicly notify the council’s intention to grant Manuhiri Kaitiaki Charitable Trust a new community lease for the council-owned former wharf manager’s dwelling at Sandspit Wharf, staff will progress the public notification in accordance with the local board decision.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

Either:

a) tono / request staff to undertake an expression of interest process advertising the availability of and seeking applications from eligible groups, including mana whenua, for a community lease for the council-owned former wharf manager’s dwelling comprising 380 square meters (more or less) located at Sandspit Wharf, Sandspit Recreation Reserve on the land legally described as Allotment 340, Parish of Mahurangi, Survey Office plan 43479 (attachment A to the agenda report (site plan)), subject to the following terms and conditions:

i) term – five years, with one, five-year right of renewal

ii) rent – $1,300 plus GST per annum if demanded

iii) maintenance fee - $5,000 plus GST per annum.

Or:

b) whakaae / approve the public notification of Auckland Council’s intention under Section 54(1)(b) of the Reserves Act 1977 to grant a proposed new community lease to Manuhiri Kaitiaki Charitable Trust for the council-owned former wharf manager’s dwelling comprising 380 square meters (more or less) located at Sandspit Wharf, Sandspit Recreation Reserve on the land legally described as Allotment 340, Parish of Mahurangi, Survey Office plan 43479 (attachment A to the agenda report (site plan)), subject to the following terms and conditions:

i) engaging with other mana whenua

ii) term – five years, with one, five-year right of renewal

iii) rent – $1,300 plus GST per annum if demanded

iv) maintenance fee - $5,000 plus GST per annum.

c) tautapa / delegate authority to the chairperson to appoint a hearings panel, if required, to hear any objections or submissions received as a result of the public notification process and make a decision in this regard noting that the hearings panel would subsequently make a recommendation to the local board to make a decision on the lease.

Horopaki

Context

16. Local boards have the allocated decision-making authority relating to local parks, including community leasing matters on those parks.

17. The Rodney Local Board approved the Customer and Community Services Work Programme 2023/2024 at their local board meeting on 19 July 2023 (resolution RD/2023/95).

18. Manuhiri Kaitiaki Charitable Trust has formally applied to the council for a community lease for the building and associated area at Sandspit Wharf to operate it as a marine hub for the purposes of maritime safety, protection, education and enhancement. The progression of a proposed new lease at Sandspit Wharf was part of the approved work programme.

19. The Auckland Council Community Occupancy Guidelines 2012 inform standard recommendations to local boards regarding all community leases. In accordance with the guidelines, the trust’s request for a community lease would trigger an expression of interest process. The guidelines also provide that the local board may vary staff recommendations on a case-by-case basis as they deem appropriate.

Tātaritanga me ngā tohutohu

Analysis and advice

Land and building

20. Sandspit Wharf on Sandspit Reserve is located at 1451 Sandspit Road, Sandspit. The subject land is held by the council in trust, for recreational purposes under the Reserves Act. Sandspit Wharf is the conduit for Kawau Island residents (and visitors) travelling to and from the island with residents utilising ferry and water taxi services as are available.

21. The subject land is legally described as Allotment 340, Parish of Mahurangi, Survey Office plan 43479 and is classified as recreation reserve. The area proposed to be leased is 380 square meters (more or less) comprising the building and the associated outdoor area, outlined in attachment A to the agenda report.

22. For many years the former Rodney District Council provided waste collections at Sandspit Wharf for Kawau Island residents. More recently the collections were from Molok bins located on the foreshore area. Inevitably the bins would fill and waste would be dumped on the ground around the bins. This dumping attracted misuse by non Kawau Island residents and significant levels of illegal dumping occurring around the bins with wind-blown litter entering the coastal environment.

23. The Molok bins were subsequently removed and during 2020, on relatively short notice, the council’s waste solutions team created a temporary waste compound adjacent to the vacant building. Parks and Community Facilities, along with waste solutions agreed that this waste compound would be in-situ for five years, three of which, have now passed.

24. At the time of writing this agenda report, staff from Parks and Community Facilities and Waste Solutions had organised a meeting to discuss a potential permanent solution. In the immediate term, any new lease area would exclude the area of the waste compound.

25. The building comprises 160 square metres (more or less) and was constructed in two parts, with the house most likely transported to the site in the late 1990s and the garage extension added on site, in 2002. The house was constructed using timber foundations and floor. The wall and roof frames are covered with a Coloursteel roof. The cladding is likely an imported PVC (Polyvinyl Chloride) material and the joinery is the early manufactured single-glazed aluminium. These factors date the house around the mid-1970s.

26. A building condition assessment was undertaken by the council in January 2023. The assessment report records the house as generally in a moderate condition, with some signs of deterioration requiring repair. The garage extension to the south side is in poor condition and essentially provides dry storage.

27. The house must be repaired and upgraded before being leased out. The required works include installing heat pumps, partially replacing wall cladding and extending the cut-off drain.

28. The primary building defects were summarised in the condition assessment report as follows:

a) rotten plywood cladding to the building extensions

b) rodent infestation inside the building

c) no heating system in the building

d) water ponding inside the garage.

29. Staff sought feedback from the council’s Healthy Waters team about water and wastewater considerations for the building. The Healthy Waters team identified that the water supply is by way of a concrete water tank housed within the garage on the western end and a pump is used to pressurise the system. The tank is currently fed from rainwater via the roof which is non-potable.

30. Similarly, the Healthy Waters team confirmed that there is no reticulated wastewater system in Sandspit and the building is therefore not connected to any public wastewater system. Additionally, that the wastewater information (including any wastewater consent information) that Healthy Waters hold is minimal, noting that the available information identifies the existing system at the lowest confidence rating of 5.

31. In the absence of definitive information on the wastewater system, it will require on-site assessment and verification, led by the Healthy Waters (small waters and wastewater, respectively) team. The costs and timeline involved with providing a potable water supply and an appropriate wastewater system were unable to be quantified at the time of writing this agenda report.

32. With regard to the proposed change of use for the building (from former manager’s dwelling to a community facility), staff sought feedback from the council’s Planning team about whether a resource consent would be required. Council’s Planning team confirmed that resource consent would be required. Planning team staff estimate that the cost will be $10,000 to $12,000 including the preparation of the resource consent application, preparation of plans and processing of the application.

33. Building consent will be required for a change of use. It is estimated that the cost will be $15,000 to $20,000 including the preparation of the application, preparation of specialist reports, processing the application, and remediation of deficiencies identified by the reports.

Renewal of the former wharf manager’s dwelling

34. The local board has approved a project to deliver the asset renewals as recommended in the recent building assessment as part of its 2023/2024 Rodney Local Board Customer and Community Services Work Programme (resolution RD/2023/95). The project forms part of the local board’s risk adjusted programme, which allows advanced delivery should other projects experience unforeseen delays.

35. The approved budget allocation for the project is shown in the table below:

Table 1: Approved budget allocation for the project

Project ID	Activity name	Activity description	Budget source	2023 / 2024	2024 / 2025	2025 / 2026	Total cost
40318	Sandspit Wharf – refurbish manager’s house	This building requires refurbishment.	ABS: Capex – Local renewal	$0	$20,000	$100,000	$120,000

Amendments to the Community Occupancy Guidelines 2012 – increases in rent, maintenance and operational charges

36. The guidelines set out the criteria and general terms and conditions for formal occupancy agreement with the council. These terms and conditions include costs such as rent, subsidised maintenance fees (relating to exclusive use of a council building) and operational fees (relating to the lease of space/rooms within a council building).

37. The guidelines inform staff recommendations to local boards in terms of grant of any new community lease or licence to occupy including the consequential rent, maintenance, and operational fees.

38. On 9 June 2023, the Governing Body approved (GB/2023/101m) amendments to guidelines to increase rent and subsidised maintenance fees.

39. The cost recovery increases for community lessees and licensees will provide local boards with a financial lever to ease their respective budgetary constraints.

40. While the Governing Body adopted the amendments to the guidelines, local boards hold the prerogative to vary staff recommendations relating to the amount of rent and subsidised maintenance fees for leased premises (attachment B to the Agenda report– Governing Body resolution number GB/2023/101m).

41. The increases to community lessees and licensees are detailed in the table below. Note that proposed increases to operational fees (relating to the lease of space/rooms within a council building), currently $25 per square metre per annum plus GST, are still under review.

Table 2. Increases to community leases and licensees

Community Lease (exclusive use of a council building)	Subsidised maintenance fee		Annual rent
Community Lease (exclusive use of a council building)	Prior to 1 July 2023	As at 1 July 2023	Prior to 1 July 2023	As at 1 July 2023
Building less than 100 square metres	$250	$2,500	$1	$1,300
Building larger than 100 square metres and less than 500 square metres	$500	$5,000	$1	$1,300
Building larger than 500 square metres	$1,000	$10,000	$1	$1,300
Ground lease/licence	N/A	N/A	$1	$1,300

Option one – undertake an expression of interest process

42. Should the local board resolve to request staff to undertake an expression of interest process advertising the availability of and seeking applications from eligible groups for a community lease for the council-owned former wharf manager’s dwelling, staff will:

a) advertise the opportunity in local papers, on the council’s website and notify interested parties, including mana whenua

b) send out application forms along with all relevant information.

43. Applicants will be provided with one calendar month to fill and return their application forms.

Process on receipt of applications during the expression of interest process

44. Staff would notify applicants on receipt of their respective applications and provide them with the approximate lead-in time for the process. Community Leasing has an analysis template which is used to assess applications received through the expression of interest process.

45. Staff would subsequently set up a meeting with the senior local board advisor, the local board community broker, and the parks and places specialist to rank the applicants in terms of:

· eligibility

· purpose and alignment with the recreation reserve classification, the local parks management plan and treaty obligations under the Reserves Act

· purpose and alignment with the local board plan and Auckland Plan

· whether the applicant meets an identified need

· sharing and collaboration

· extent of usage

· group details and financial stability

· building size, location, configuration (including any requirement for regulatory consents).

46. Once the applications have been ranked, staff would workshop the findings with the local board seeking feedback on the preferred candidate/s. If necessary, leasing staff would re-workshop with the local board about the preferred candidate.

47. Staff would then formally advise all the applicants about the status of their respective applications and prepare a report to the local board seeking approval to proceed with public notification and engagement with mana whenua for the proposed new lease to the preferred candidate.

Option two – progress a proposed new lease to Manuhiri Kaitiaki Charitable Trust

48. Manuhiri Kaitiaki Charitable Trust (the iwi trust representing Ngāti Manuhiri) has significant customary interests in the rohe (geographical area) incorporating Sandspit Reserve.

49. The trust’s vision for the former Auckland Transport manager’s house is that it would play an integral role in the successful delivery of the Ngāti Manuhiri Te Au o Moranga Programme which focuses on improving the health of Tīkapa Moana o Hauraki (Hauraki Gulf) providing significant benefit to the people of Tāmaki Makarau.

50. A lease for the building would present a key interface for the trust to invite the wider community to engage with Ngāti Manuhiri and learn about its Te Au o Morunga (marine strategy). The building would be developed as a setting for provision of wānanga (educational seminars) focused on upskilling local community groups in marine conservation.

51. The building would also provide an integral space for an educational facility for rangatahi (youth) to learn about the marine environment. The unique location of the building would offer Ngāti Manuhiri an opportunity to provide educational opportunities for rangatahi to reconnect with te taiao (earth, nature, environment).

52. The location of the building will encourage and enhance opportunities for inter-agency collaboration by offering a facility for meetings, quarantine checks and an operational space for shared maritime programmes.

53. The trust’s existing partnerships with Te Kaunihera o Tāmaki Makaurau (Auckland Council), Te Papa Atawhai (Department of Conservation), Nō te rere moana Aotearoa (Maritime New Zealand) and Manatū Ahu Matua (Ministry for Primary Industries), would be enhanced at this location. This, in turn, could provide additional support for local communities.

54. The building would also be a hub for planning iwi-led events in the marine environment. Ngāti Manuhiri aspire to be leaders in environmental management and education. The trust’s planned programmes will benefit greatly from a space which can act as a staging point for events and volunteers related to the trust’s conservation kaupapa (purpose, plan).

55. Operationally, the building would enhance the trust’s ability to respond to cultural emergencies on Tīkapa Moana o Hauraki. Events such as strandings, island koiwi discovery and pollution response could be managed and coordinated from this location more effectively.

Assessment of the new lease application from Manuhiri Kaitiaki Charitable Trust

56. The trust has submitted a comprehensive application supporting the new lease request and is able to demonstrate its ability to deliver its services.

57. The proposed lease activities align with the purpose for which the reserve is held and the Rodney Local Parks Management Plan adopted 19 July 2023 (resolution number RD/2023/100) which specifically contemplates leases being granted for marine related recreation and education activities on the reserve.

58. Additionally, contained in the Rodney Local Parks Management Plan relating to Sandspit Reserve (page 243) under management intention 2 “Actively encourage people to take care of the valuable ecological area, to limit risk of damage to flora, fauna, habitat and ecology. Raise awareness of wildlife and ecology values in the park by continuing to support community initiatives providing stewardship over the natural environment (Attachment C to the agenda report)”

59. The trust has provided financials indicating that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

60. The trust has all necessary insurance cover, including public liability insurance in place.

61. The trust is prepared to organise pi mahi (working bees) to clear and clean the building.

Trust’s vision for the lease and its alignment with the council’s policies and plans

62. The trust’s vision for the house, its proposed operations, activities and the consequential outcomes align with the following council policies and plans as detailed in the table below:

Council’s plan or policy	Relevant excerpts from plans or policies	Alignment
Te Tāruke a Tāwhiri (Auckland’s Climate Plan)	“A Tāmaki Makarau/Auckland response reflects our values and the foundations we need to succeed, including how we embed mātauranga Māori and Te Ao Māori principles and how we work together as a region to ensure no one is left behind”	The trust’s proposed use for the building includes iwi-led events in the marine environment and planned programmes of environmental management and education (i.e. mātauranga Māori and Te Ao Māori principles)
The Auckland Plan 2050 Outcome: Māori Identity and wellbeing Direction 3 “Recognise and provide for te Tiriti o Waitangi outcomes” Focus area 3 “Strengthen rangitahi (youth) participation in leadership, education and employment outcomes”	“To achieve te Tiriti o Waitangi outcomes first and foremost requires a commitment to te Tiriti and strong support by everybody This means delivery for Māori, by Māori, through Māori organisations in relation to planning for and addressing the impacts of climate change to achieve an equitable transition Te Tiriti outcomes for hapu and iwi also mean acknowledging and recognising their mana, and protection of their rights and interests in Tāmaki Makarau. This reflects their important relationship to the whenua (land) and wai (water) Treaty principles provide guidance for decision-making, partnership and collaboration between mana whenua and government Treaty partnerships in natural resource management provide integrated approaches. These produce holistic and sustainable environmental, social and cultural outcomes that benefit both Auckland the people and Auckland the place” “Almost 50 per cent of Māori in Tāmaki Makaurau are aged under 25 years Education and training must develop to meet the learning needs and aspirations of rangitahi in an ever-evolving education system and job market. Education and training models that enable new thinking and approaches to unlock rangitahi talent will be valuable Alongside this current formal education system needs to improve the culturally appropriate learning environment Fostering Māori models of learning will provide opportunities to build rangatahi capability and to staircase them into career pathways they value”	The trust’s planned activities of marine protection are proposed to have a positive effect on climate change The customary interests of Ngāti Manuhiri (the trust) in the rohe are recognised in Treaty Settlement commitments The trust’s proposed activities encompassing holistic, sustainable, environmental, social and cultural practices align with the Auckland Plan 2050 outcomes The building would provide an integral space for an educational facility for rangatahi (youth) to learn about the marine environment. The unique location of the building would afford the trust with the opportunity to provide educational opportunities for rangatahi to reconnect with te Taiao (earth, nature, environment)
Kia ora Tāmaki Makaurau (Auckland Council’s Māori outcomes performance measurement framework), specifically Kia ora te Taiao – kaitiakitanga	Mana outcome statement: “Mana whenua actively exercise kaitiakitanga in Tāmaki Makarau. Kaitiaki provide an aligned approach to remediate, protect and enhance the mauri of these treasured environments for present and future generations” Mahi objective: “Māori exercise tino rangatiratanga and kaitiakitanga through te Tiriti based relationships with the council group, to enhance the mauri of te taiao” Measures: “Auckland Council group investment into activities that contribute to Māori environmental outcomes” “Number of initiatives with Māori which protect and improve the environment, improve water quality and reduce pollution”	The trust’s proposed activities align with the council’s Māori outcomes performance measurement framework in terms of exercising kaitiakitanga in Tāmaki Makaurau to enhance the mauri (life force) of te taiao (earth, nature, environment)

63. The trust’s vision also aligns with the Rodney Local Board Plan 2020 Outcome Two: Our natural environment is healthy and protected.

64. The Rodney Local Board Plan 2020 also acknowledges “the importance of building meaningful relationships with mana whenua and whānau in Rodney and the need to better understand their aspirations for the area.”

65. It is acknowledged that other iwi also have customary interests within the rohe that includes Sandspit Reserve and as such it will be necessary to engage with these iwi on a proposed new lease irrespective of which option the local board resolves upon to progress the lease.

Auckland Council Community Occupancy Guidelines 2012, local board precedent and legal requirement

66. In accordance with the guidelines in the scenario where there is a vacant building an expression of interest process is typically undertaken to gauge interest and best use. The guidelines also provide that the local board may vary staff recommendations on a case-by-case basis as they deem appropriate.

67. It is noted that the local board has some precedents in exercising its prerogative to vary staff recommendations in relation to waiving an expression of interest process. The table below contains details:

Table 3. Previous resolutions

Year and resolution number	Land and lessee
2017 resolution number RODTP/2017/7	The Scout Association of New Zealand as parent body for Motutara-Waimauku Scout Group for open space reserve land at Blomfield Reserve
2021 resolution number RD/2021/351	Warkworth Agricultural and Pastoral Society Incorporated for open space reserve land at Warkworth Showgrounds Reserve

68. In this instance, Sandspit is subject to the provisions of the Reserves Act 1977. The Reserves Act is one of the Acts in the First Schedule to the Conservation Act 1987. Section 4 of the Conservation Act contains an obligation to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi. As a consequence, in performing functions and duties under the Reserves Act such as granting a recreation reserve lease, the local board must interpret the Reserves Act to give effect to the principles of te Tiriti/the Treaty.

69. The principles of the Treaty likely to be most relevant in making a decision on the lease are:

· Partnership – mutual good faith and reasonableness

· Informed decision making – being well-informed of the mana whenua interests and views

· Active protection - this involves the active protection of Māori interests retained under te Tiriti/the Treaty. It includes the promise to protect rangatiratanga and taonga. Active protection requires informed decision-making and judgement as to what is reasonable in the circumstances.

70. Treaty obligations are overarching and not something to be considered or applied after all other matters are considered.

71. The Supreme Court^{^[1]} has recently stated that this requires more than mere consultation with mana whenua, undertaken simply as a matter of procedure. The Court stated that in the context of applications for activities, achieving substantive outcomes for iwi or hapū may require that applications by other parties must be declined; that one way to give practical effect to the Treaty principles is to enable iwi or hapū to reconnect to their ancestral lands by taking up opportunities on reserve land.

Public notification and engagement

72. A lease for the building for operation as a marine hub for the purposes of maritime safety, protection, education and enhancement, is contemplated and in conformity with the operative reserve management plan for the reserve. As such, public notification is not legally required under the Reserves Act 1977 prior to any lease being granted. Iwi engagement is required under the requirements of section 4 of the Conservation Act 1987 prior to the grant of any new lease.

73. The council will bear the cost of public notification.

74. During the public notification process, interested parties will be invited to make submissions (whether in support or to object) on the new lease proposal. Submitters will be given one month in which to make their submissions.

75. If council staff receive any objections during the public notification process, in which the submitter has stated that they wish to have their objection heard, then a hearings process will need to be undertaken. This is an extra cost to the council.

Tauākī whakaaweawe āhuarangi

Climate impact statement

76. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

77. Asset improvements and maintenance undertaken by the council will strive for maximum re-use and recycling of existing material. This will be in alignment with the waste management hierarchy (prevention, reduction, recycle) to ensure minimum impact on greenhouse gas emission.

78. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

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

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

79. Climate change has a likely potential to impact the lease, as the leased area is located in a coastal inundation zone. Specifically, a 100-year average return interval coastal inundation meaning that the level of flooding predicted in the 1-in-100-year coastal storm inundation (Attachment D to the agenda report – GIS aerial view from Auckland Council’s Hazard Viewer). Such an event has a one per cent chance of being equalled or exceeded each year. In preparedness for such scenarios, lessees are advised to subscribe to emergency alerts and to be ready by making an evacuation plan.

80. The trust proposes to operate the building as a marine hub for the purposes of maritime safety, protection, education and enhancement. These activities with the involvement of mana whenua, with te ao Māori and mātauranga Māori, focus on positive climate outcomes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

81. Council staff from within the Customer and Community Services Directorate have been consulted. They are supportive of the proposed lease to the trust as it will enable it to effect positive outcomes in terms of the proposed marine hub for the purposes of maritime safety, protection, education and enhancement.

82. Staff have also consulted with Healthy Waters about re-activating the septic tank and a holding tank located on-site, to serve the building on occupation. Healthy Waters will re-activate the septic tank prior to any occupation.

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

Local impacts and local board views

83. At a workshop on 10 May 2023, staff presented the local board with a memorandum containing the two options about the future occupancy of the building. The local board indicated that it would make a decision on the matter at an upcoming business meeting.

84. The activities proposed to be delivered by the trust align with the Rodney Local Board Plan 2020 outcome and objective as detailed in the table below:

Table 4. Rodney Local Board Plan outcome

Outcome	Objective
Outcome Two:	Our natural environment is healthy and protected.
The Rodney Local Board Plan 2020 also acknowledges “the importance of building meaningful relationships with mana whenua and whānau in Rodney and the need to better understand their aspirations for the area.”

Tauākī whakaaweawe Māori

Māori impact statement

85. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

86. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan (operative in part), individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework. Specific alignment to the council’s planning documents is detailed in paragraphs 62 to 65 of this agenda report.

87. Community Leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

88. Subject to the local board’s decision iwi engagement on the council’s intention to grant a new community lease to the trust for the building and associated outdoor area at Sandspit Wharf will be undertaken with the number of iwi groups identified as having an interest in land in the Rodney Local Board area. The engagement will involve a presentation at an upcoming mana whenua forum.

89. Should the local board resolve to request staff to undertake an expression of interest process advertising the availability of and seeking applications from eligible groups for a community lease for the council-owned former wharf manager’s dwelling, staff will advise mana whenua groups of the opportunity.

Ngā ritenga ā-pūtea

Financial implications

90. Costs involved with the refurbishment of the building are budgeted for as part of local board’s 2023/2024 Customer and Community Services work programme. Responsibility for ongoing maintenance of the building and associated outdoor area will be undertaken by any new lessee in accordance with the specific terms and conditions of the lease agreement.

91. Costs involved with the provision of a potable water supply and an appropriate wastewater system are still to be quantified.

92. Costs involved with an application for resource consent for the proposed change of use from former manager’s dwelling to a community facility are estimated at $12,000. Similarly, costs involved with an application for building consent for the proposed change of use are estimated at $20,000.

93. The Parks and Community Facilities Department will bear the costs relating to the public notification of the council’s intention to grant the proposed new lease to the trust or costs involved with the expression of interest process (publicly advertising the availability of the building for a community lease). Similarly, the cost of the consequential public notification of a proposed lease to any successful candidate and the costs involved in a hearing, if one is required.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

94. If through the expression of interest process a successful candidate is identified for a proposed new community lease for the building, the council staff will need to publicly notify the proposal.

95. Should the council staff receive any objections during the public notification process, in which the submitter has stated that they wish to have their objection heard, then a hearings process would need to be undertaken. This would extend the process by approximately three months.

96. In accordance with the guidelines, the standard practice is that the trust’s request for a community lease triggers an expression of interest process. The guidelines also provide that the local board may vary staff recommendations on a case-by-case basis as they deem appropriate.

97. Should the local board resolve on option one (undertake an expressions of interest process), there is a risk of the matter being the subject of future judicial review proceedings.

98. Section 4 of the Conservation Act 1987 requires giving effect to the principles of the Treaty of Waitangi. One way to give practical effect is to enable iwi or hapū to reconnect to their ancestral lands by taking up opportunities on reserve land. This requirement may be satisfied by progressing a proposed new lease to the trust.

Ngā koringa ā-muri

Next steps

99. If the local board request staff to undertake an expression of interest process advertising the availability of and seeking applications from eligible groups for a community lease for the council-owned former wharf manager’s dwelling, staff will progress this in accordance with the local board decision.

100. If the local board resolves to publicly notify the council’s intention to grant the trust a proposed new community lease to the trust, staff will progress the public notification in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - GIS aerial view showing lease area	53
b ⇩	Attachment B - Governing body resolution number GB/2023/101	55
c ⇩	Attachment C - Rodney Local Parks Management Plan - Sandspit Reserve	57
d ⇩	Attachment D - GIS aerial view from Auckland Council's Hazard Viewer	59

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Specialist

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Matthew Kerr - Acting Local Area Manager

Rodney Local Board

20 September 2023

Approval of the 2023/2024 Rodney Local Board Infrastructure and Environmental Services Work Programme

File No.: CP2023/12463

Te take mō te pūrongo

Purpose of the report

1. To approve additional programmes for the 2023/2024 Rodney Local Board’s Infrastructure and Environmental Services work programme.

Whakarāpopototanga matua

Executive summary

2. On 21 June 2023 and 19 July 2023, the Rodney Local Board approved $178,000 towards its 2023/2024 Infrastructure & Environmental Services work programme (RD/2023/83 and RD/2023/96).

3. This report is supplementary to the report presented to the Rodney Local Board at their business meeting of 19 July 2023, at which the substantive local board work programme was approved.

4. Subsequent to the July meeting, operational funds to the value of $377,544 remained unallocated as a result of the Governing Body's decisions on 8 June 2023 to decrease the amount of the proposed reduction to local board funding. The local board subsequently provided direction for staff to explore opportunities for additional delivery of projects.

5. This report presents additional programmes for the Rodney Local Board’s Infrastructure and Environmental Services work programme and associated budgets for approval for the 2023/2024 financial year.

6. At the 26 July 2023 workshop, the local board indicated its support for the following additional activities to be delivered in 2023/2024, as listed below:

· Rodney responsible cat ownership messaging - $5,200

· Rodney Snip n Chip campaign - $5,000

· The Forest Bridge Trust possum control - $38,425.

7. These additional programmes respond to the outcomes and objectives identified in the Rodney Local Board Plan 2020, specifically that Rodney’s ‘natural environment is clean and healthy with thriving ecosystems.

8. The proposed work programme has an additional value of $48,625 against the already approved $178,000, bringing the total environmental work programme for 2023/2024 to $226,625. This can be funded from within the local board’s locally driven initiatives budget for the 2023/2024 financial year.

9. Once approved, the local board will receive quarterly progress updates on the delivery of the 2023/2024 work programme.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) whakaae / approve additional 2023/2024 Infrastructure and Environmental Services work programme and associated budgets, as summarised in the table below (Attachment A to the agenda report):

Activity name	Description	2023/2024 budget for approval
Rodney responsible cat ownership messaging	The programme will create positive messaging and collateral, intended to encourage cat owners to change how they manage pets, resulting in reduced wildlife impacts across Rodney. This will include developing a campaign delivered through posters, flyers and signs	$5,200
Rodney Snip n Chip campaign	This programme will also collaborate with the SPCA (Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated) to deliver a Snip ‘n’ Chip campaign to priority postcodes in Rodney adjacent to high value biodiversity areas, and/or areas where responsible cat ownership education is urgently needed. The Snip ‘n’ Chip campaign subsidises cat owners to have their pets de sexed and microchipped.	$5,000
The Forest Bridge Trust possum control – Rodney	The Forest Bridge Trust will work with Environmental Services staff to identify priority areas for possum control. The Forest Bridge Trust will manage the engagement and training of landowners, installation of traps and ongoing landowner support. This project will also include Puhoi Landcare possum trapping in a halo around Dunn’s Bush (QEII covenant).	$38,425
Total		$48,625

b) tuhi ā-taipitopito / note that $178,000 has already been approved for programmes with the 2023/2024 Environmental Services work programme on 21 June 2023 (RD/2023/83 as part of the Local Board Agreement) and 19 July 2023 (RD/2023/96).

Horopaki

Context

10. Each year, the local board decides which activities to allocate its annual budget toward through a series of workshops. The local board feedback in these workshops has informed the development of the Infrastructure and Environmental Services work programme.

11. On 21 June 2023 (as part of the Local Board Agreement approval) and 19 July 2023, the Rodney Local Board approved $178,000 locally driven initiatives funding towards its 2023/2024 Environmental Work programme (RD/2023/83 and RD/2023/96). This programme focused on supporting community to protect local species and ecosystems and giving effect to the Local Board Plan 2020 objectives and outcomes.

12. The Rodney Local Board had $377,544 of unallocated locally driven initiatives operating funding for the 2023/2024 financial year after the approval of Tranche 1 work programmes. This was as a result of the Governing Body's decisions on 8 June 2023 to decrease the amount of the proposed reduction to local board funding. 13. At a workshop on 26 July 2023 the local board discussed the allocation of the remaining funds.

14. The proposed additional work programme items respond to the outcomes and objectives identified in the Rodney Local Board Plan 2020. The specific objective reflected in the work programme is:

· Our natural environment is clean and healthy with thriving ecosystems.

14. The following adopted strategies and plans also guided the development of the work programme:

· Mahere ā-Rohe Whakahaere Kaupapa Koiora Orotā mō Tāmaki Makaurau - Regional Pest Management Plan.

15. The development of the entire work programme has been informed by staff assessments and identification of local environmental priority areas, and feedback received from the local board at workshops.

Tātaritanga me ngā tohutohu

Analysis and advice

16. The proposed additional work programmes are new initiatives supported by the local board to fit within the available budget. These programmes contribute towards the delivery of the Rodney Local Board Plan 2020 environmental objective, as detailed above.

17. The work programme (Attachment A to the agenda report) provides work programmes that demonstrates the phasing of programme delivery during the 2023/2024 financial year.

18. The proposed additional activities for delivery as part of the local board’s 2023/2024 Infrastructure and Environmental Services work programme are detailed below, alongside additional indicative plans and budgets for the 2023/2024 financial year.

Rodney responsible cat ownership messaging – $5,200

19. The local board indicated it would like to support the Responsible Pet Ownership programme in the 2023/2024 financial year to mitigate the impact of cats on native wildlife.

20. The programme will create positive messaging and collateral, intended to encourage cat owners to change how they manage pets, resulting in reduced wildlife impacts across Rodney. This will include developing a campaign delivered through posters, flyers and signs to increase awareness in the Rodney community of the benefits and importance of being a responsible cat owner.

21. Staff recommend that $5,200 be allocated for this programme in 2023/2024.

Rodney Snip n Chip campaign – $5,000

22. The local board indicated it would like to support the Snip n Chip campaign programme in the 2023/2024 financial year. The programme will increase animal welfare, reduce nuisance to the community, support pet owners in lower socio-economic areas and reduce impacts on native species and local ecosystems across Rodney.

23. This programme will collaborate with the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated to deliver a Snip ‘n’ Chip campaign to priority postcodes in Rodney adjacent to high value biodiversity areas, and/or areas where responsible cat ownership education is urgently needed. The Snip ‘n’ Chip campaign subsidises cat owners to have their pets de sexed and microchipped.

24. Staff recommend that $5,000 be allocated for this programme in 2023/2024.

The Forest Bridge Trust possum control – $38,425

23. The local board has indicated it would like to support The Forest Bridge Trust possum control programme in the 2023/2024 financial year.

24. The Forest Bridge Trust is actively engaging and supporting landowners and community groups with animal pest control across Rodney. They are an established and regarded trust with paid staff managing conservation projects, engaging with private landowners, and delivering conservation outcomes.

25. This programme will leverage off the Forest Bridge Trust’s existing work and allow them to expand their engagement and conservation delivery to include possum management in areas with high biodiversity value. This will include the Puhoi Landcare possum trapping in halo around Dunn’s Bush (QEII covenant)

26. The Forest Bridge Trust will work with Environmental Services staff to identify priority areas for possum control. The Forest Bridge Trust also will manage the engagement of landowners, installation of traps and ongoing support. The installation of 450 possum traps and 15 automated possum traps will be managed by the community.

28. Staff recommend that $38,425 be allocated to this programme in 2023/2024.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. In June 2019 Auckland Council declared a climate emergency and in response to this the council adopted the Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan in July 2020.

30. Each activity in the work programme is assessed to identify whether it will have a positive, neutral or negative impact on greenhouse gas emissions and contributing towards climate change adaptation.

31. Table 1 outlines the additional activities in the 2023/2024 work programme that have an impact on greenhouse gas emissions or contribute towards climate change adaptation.

Table 1: Climate impact assessment of proposed activities

Activity name	Climate impact
Rodney responsible cat ownership messaging	The improved health of native biodiversity will improve the resilience of Auckland’s indigenous ecosystems against the impacts of climate change. Additionally, the increase of trees through planting and pest control will help reduce carbon in the atmosphere
Rodney Snip n Chip campaign
The Forest Bridge Trust possum control

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32. These additional work programme options were developed through a collaborative approach by operational council departments and presented to the local board at a workshop.

33. In particular, the attached Infrastructure and Environmental Services work programme reflects the integrated activities developed by Environmental Services (Natural Delivery).

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

Local impacts and local board views

34. The projects proposed for additional inclusion in the local board’s Infrastructure and Environmental Services work programme will have positive environmental outcomes across the Rodney Local Board area.

35. The projects noted above align with the 2020 local board plan outcome our natural environment is clean and healthy with thriving ecosystems. The additional proposed work programme has been considered by the local board at a workshop 26 July 2023. The views expressed by local board members during the workshops have informed the recommended additional work programme options.

Tauākī whakaaweawe Māori

Māori impact statement

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

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

38. Staff recognise that environmental management, water quality and land management have integral links with the mauri of the environment and concepts of kaitiakitanga.

39. Where aspects of the proposed work programme are anticipated to have a significant impact on activity of importance to Māori then appropriate engagement will be undertaken.

Ngā ritenga ā-pūtea

Financial implications

40. Proposed additional projects to Rodney Local Board’s Infrastructure and Environmental services work programme for 2023/2024 adds an additional $48,625 of the local board’s LDI operational budget to local environmental outcomes. This amount can be accommodated within the local board’s total budget for 2023/2024. With these additional programmes the total for the 2023/2024 Rodney local environmental work programme will be $226,625.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41. If the additional proposed Infrastructure and Environmental Services Work Programme is not approved in a timely manner, there is a risk that activities may be delayed or not delivered within the financial year.

42. Risks and mitigations for new activity lines were considered during the scoping phase. There may be risks associated with trialling a new activity. These will be continually assessed and reported to the local board.

43. Resourcing of the work programme is based on current staff capacity within departments. Therefore, unforeseen changes to staff capacity may also have an impact on work programme delivery.

44. Table 3 shows the key risks associated with activities in the proposed 2023/2024 work programme, as well as proposed mitigations.

Table 3: Key risks and mitigations for activities

Activity name	Risk	Mitigation	Rating after mitigation
Responsible Pet Ownership	Public perception about managing cats and potential criticism from cat owners	All messaging will be positive and encouraging. Project will be managed by Environmental Services staff to ensure content meets council recommendations for responsible pet ownership	Medium
Rodney Snip n Chip campaign	There is a risk of low uptake of pet owners.	Marketing and promotion of the free desexing and microchipping service to pet owners will be key to establishing demand	Low
The Forest Bridge Trust possum control - Rodney	Capacity changes at the Forest Bridge Trust may affect their ability to engage and support the community	Increased support from Environmental Services staff	Medium
The Forest Bridge Trust possum control - Rodney	Demand for traps will exceed the available supply	Multiple suppliers may be needed and will be lined up	Medium

45. Where a work programme activity cannot be completed on time or to budget, due to unforeseen circumstances, this will be signalled to the local board at the earliest opportunity.

Ngā koringa ā-muri

Next steps

46. Delivery of the activity in the approved work programme will commence once approved and continue until 30 June 2024. Activity progress will be reported to the local board on a quarterly basis.

47. Where the work programme identifies further decisions and milestones for each activity, these will be brought to the local board when appropriate.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - Infrastructure and Environmental Services Work Programme 2022 2023 - Rodney Local Board	67

Ngā kaihaina

Signatories

Author

Brandii Stephano - Relationship Advisor

Authorisers

Barry Potter - Director Infrastructure and Environmental Services

Matthew Kerr - Acting Local Area Manager

No.	Title	Page
a ⇩	Attachment A - Draft Rodney Local Board Annual Report 2022/2023	73

Rodney Local Board

20 September 2023

Submissions and feedback on the draft Rodney Local Board Plan 2023

File No.: CP2023/13602

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 Rodney Local Board Plan 2023.

Whakarāpopototanga matua

Executive summary

2. The Local Government (Auckland Council) Act 2009 requires that each local board adopt a local board plan by 31 October of the year following election and uses the special consultative procedure to engage with its communities. Due to the timing pressures of the Annual Budget 2023/2024 including the uncertainty of local board budgets during the local board plan process, the adoption of the Rodney Local Board Plan 2023 will take place on 1 November.

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

4. Two hundred and thirty-one pieces of stakeholder and community feedback was received for Rodney Local Board, including 198 submissions through the online survey tool, nine hard copy submissions and 13 pieces of feedback through Have Your Say events.

5. No feedback was received from mana whenua or mataawaka organisations on the draft Rodney Local Board Plan 2023.

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

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

8. The majority of submissions that provided feedback on whether the plan reflected the needs and aspirations of their community over the next three years agreed or strongly agreed that it did. Submitters expressed a high level of support for and/or the need for ongoing work towards transport and environmental matters. Most of the feedback was supportive of the draft plan either by noting support for specific objectives, or in submitter comments where the priorities expressed can be found in the plan’s initiatives and advocacy.

9. The Rodney Local Board should consider the submissions and feedback prior to adopting the final local board plan on 1 November 2023. Any changes and/or responses to feedback will be detailed in the report to adopt the Rodney Local Board Plan 2023.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) whiwhi / receive submissions and feedback on the draft Rodney Local Board Plan 2023

b) kohuki / consider feedback when finalising the Rodney Local Board Plan 2023.

Horopaki

Context

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

· adopt its local board plan by 31 October of the year following an election

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

11. Due to the timing pressures of the Annual Budget 2023/2024 including the uncertainty of local board budgets during the local board plan process, the adoption of the Rodney Local Board Plan 2023 will take place on 1 November.

12. On 21 June 2023, Rodney Local Board approved the draft Rodney Local Board Plan 2023 for public consultation.

13. Early engagement with the community helped inform the draft local board plan as did feedback from the annual budget consultation.

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

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

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

· Our People - Our people support each other, have what they need to live well and are able to adapt to change

· Our Environment - Our land, waterways and coastlines are cared for and protected

· Our Community - Our community spaces, facilities and parks are great places to connect, play and learn

· Our Places - Our towns, villages and rural areas villages are vibrant, prosperous, and liveable

· Our Transport - Our transport networks are safe, accessible, and well maintained.

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

· The three most important outcomes in the plan

· Which Our Environment objectives were most important and comments as to why?

· Which Our Community objectives were most important and comments as to why?

· Which the Our Transport objectives were most important and comments as to why?

· how to best meet our climate action goals and Māori outcomes

· any further feedback on the draft plan.

How we consulted

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

17. Staff have prepared a communications report (Attachment B to the agenda report) which summarises the communication campaign.

18. 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: Two face-to-face engagement events (spoken interaction) were held on 26 July in Kumeū and 9 August in Warkworth.

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

· 198 submissions through the online survey tool

· Nine hard copy submissions

· 13 pieces of feedback via Have Your Say events.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of consultation feedback

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

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

Table 1: Key messages of feedback report

Consultation question

Themed feedback

Q1. Prioritising our key focus areas

We, the council and local board, will have limited budget to progress some of the key projects we have included in our draft plan. We also acknowledge the challenges our city faces to maintain service levels, while keeping rates rises at acceptable levels in a time of financial strain.

Which three outcomes do you think are the most important?

· Individuals and organisations rated the outcomes differently to each other, noting that few organisations responded to this question

· Individuals rated Our Transport and Our Environment as equally most important, followed by Our Community, closely by Our Places and finally Our People

· Organisations, however, placed Our Places and Our People first and second in importance with Our Transport last

Q2. Our Environment

We’ve heard that the natural environment is important to you. To better understand your priorities, please rank the Our Environment objectives in order of importance to you

· Both individuals and organisations placed flood mitigation that responds to the challenges of climate change as first priority, followed by water quality, then our biodiversity and natural ecosystems and finally waste management

· Most commented on the recent floods and the need to be better prepared

· Comments spoke to the various water pollutants and the importance of clean water to sustain life

· Biodiversity and natural ecosystems are central/key/crucial to achieving nature’s balance

· Concern for rubbish/pollution

· All the objectives are interconnected and hard to prioritise

Q3. Our Community

We are committed to providing great community spaces, facilities and parks. To better understand what’s important to you, please rank the Our Community objectives in order of importance to you

· Individuals rated parks and open spaces as most important, followed by indoor and outdoor sports options then closely by libraries and open spaces

· Conversely, organisations rated arts, culture, heritage and events as most important, followed by indoor and outdoor sports options and thirdly activities and services for children and whanau

· Many of the objectives in this outcome were noted as important for wellbeing, such as parks, open spaces, sports infrastructure and for keeping youth busy and out of trouble

· When it came to arts, heritage, culture and events as well as libraries people spoke to their importance for social cohesion

Q4. Our Transport

While local boards have limited budget and decision making over transport infrastructure delivered by Auckland Transport, the Rodney Local Board does have a Transport Targeted Rate to increase some transport improvements. Please rank the Our Transport objectives in order of importance to you

· Individuals overwhelmingly rated improved road surfacing as their number one priority. This was followed by improved public transport and then third in much lower numbers: walkways, cycleways and bridleways

· However, organisations rated improved public transport first with improved road surfacing fifth and last. They rate walkways, cycleways and bridleways second with safer villages and towns for non-road users third

· The majority of comments focussed on the poor quality of the roads

· Many comments called for more frequent buses and pick up points as well as smaller buses. Support was also noted for rail in the North-West

· Support for the recreational, health and environmental benefits of walkways, cycleways and bridleways

Q5. Do you have any other feedback on how we could better meet our climate change goals or Māori outcome aspirations?

· Support to increase understanding of Māori culture and heritage as well as honouring kaitiaki

· Support for emergency preparedness, including not building in flood plains

· Request for community support to respond to climate change

· Support for more public transport

Q6. How well do you think our plan reflects your needs and aspirations for our community over the next three years?

· The majority of individuals that stated their opinion strongly agreed or agreed that the plan reflected their needs and aspirations

· Again, the majority of comments for this question and question 7, focused on the poor quality of roads

· Comments suggested that the plan could be more specific

· Feedback relevant to the Our Places outcome: better planning away from flood plains and requests for more beautification of the area

· Further comments supporting alternatives to cars and related comments supporting environmental projects and climate action

Q7. Do you have any other feedback on our proposed local board plan?

· The feedback for this question produced very similar comments. These were therefore themed together as above

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://akhaveyoursay.aucklandcouncil.govt.nz/local-board-plans-2023-feedback.

24. The Summary of Feedback (Attachment A to 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 Rodney 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. An overview of submissions and feedback relating to climate impacts includes:

Table 2: Overview of submissions and feedback

Theme

Type of comments

Climate action: Mitigation

· Need more education/awareness raising

· Support for community groups to work together such as through community gardens/permaculture, planting more native planting

· More public transport (minibuses) and less traffic

Climate action: Adaptation

· Keep waterways/drainage clear to mitigate flooding

· Help people to plan and respond and need earlier warning systems

· Don’t build in flood plains

28. The climate impact of any initiatives the Rodney 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 local board and the local board had the opportunity to attend briefings on a range of topics including community investment, Māori outcomes, local economy and climate action. Written advice was also provided to the local board on a number of topics including strategic context and environmental services.

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 Rodney Local Board should consider all submissions and feedback to the draft Rodney Local Board Plan 2023 prior to adopting the final local board plan on 1st November 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 consultation was used to shape the draft Rodney Local Board Plan 2023.

Tauākī whakaaweawe Māori

Māori impact statement

34. The draft Rodney Local Board Plan 2023 was developed with consideration given to existing feedback from mana whenua. This included seeking their views and values throughout the development of the Local Board Plan 2023.

35. Two online information sessions for mana whenua were held on 8 and 13 June 2023. These sessions provided an opportunity for mana whenua to hear about local board plans, how the perspective of Māori could be reflected through their input, the feedback process and timelines.

36. Mana whenua organisations were asked which (of the 21) draft local board plans they wanted to review, and those requested were shared, along with tailored feedback forms.

37. Ngāti Manuhiri and Rūnanga o Ngāti Whātua requested and were provided with a copy of the draft Rodney Local Board Plan 2023. A copy of the Māori Outcome summary for Rodney was also provided to Ngāti Manuhiri.

38. Mana whenua Ngāti Whātua o Kaipara and Te Uri o Hau were also contacted and a copy of the draft Rodney Local Board Plan 2023 and Māori Outcome summary was provided to Te Uri o Hau.

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

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

41. Eighteen submissions were received from those identifying as Māori, comprising 8.3 per cent of submissions overall.

42. To date no written feedback has been received from mana whenua on the draft Rodney Local Board Plan 2023.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

46. The Summary of Feedback report will be made available on the Auckland Council AK Have Your Say website.

47. The Rodney Local Board will adopt the Rodney Local Board Plan 2023 on 1 November 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Attachment A - Local Board Plan 2023 Summary feedback (Under Separate Cover)
b	Attachment B - Rodney Local Board Plan Comms (Under Separate Cover)

Ngā kaihaina

Signatories

Author	Zigi Yates - Senior Advisor
Authoriser	Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Local board feedback on Emergency Management Bill

File No.: CP2023/12935

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 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 Auckland Civil Defence Emergency Management 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 (Attachment A to the agenda report).

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 Rodney 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 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 to 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 ⇩	Attachment A - Summary of the Emergency Management Bill's more significant changes	101

Ngā kaihaina

Signatories

Author

Wayne Brown - Principal Recovery Advisor

Authorisers

Paul Amaral - General Manager Auckland Emergency Management

Louise Mason - General Manager Local Board Services

Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Funding Auckland's Storm Recovery and Resilence

File No.: CP2023/13348

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 2023.

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 Rodney 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

· 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 per cent 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

Author

Megan Howell – Recovery Specialist

Authorisers

Mat Tucker - Group Recovery Manager

Louise Mason - General Manager Local Board Services

Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Potential changes to the National Policy Statement for Highly Productive Land

File No.: CP2023/13252

Te take mō te pūrongo

Purpose of the report

1. To provide an opportunity for the local board to provide any feedback on the potential changes to the National Policy Statement for Highly Productive Land.

Whakarāpopototanga matua

Executive summary

2. The National Policy Statement for Highly Productive Land came into force in October 2022. The Ministry for the Environment advise that stakeholders have raised two issues about the restrictions on uses and development that do not rely on the soil resource of the land. These are:

· the lack of a clear consent pathway for construction of new infrastructure on highly productive land. This mostly relates to solar farms from entities than do not have the power to designate land

· the lack of a clear consent pathway for intensive indoor primary production (e.g. piggeries, poultry farms) and greenhouses (e.g. hydroponic) on highly productive land.

3. The Ministry for the Environment are consulting on potential changes to the National Policy Statement that would make it easier for new infrastructure, intensive farming operations, and hydroponic greenhouses to locate on highly productive land.

4. There is potential that the changes to the National Policy Statement could result in the loss of significant areas of highly productive land in Auckland. The necessity of these potential changes is not clear, and they could undermine the purpose of the National Policy Statement for Highly Productive Land.

5. Any local board feedback will be included as part of an item to the Planning, Environment and Parks Committee on 5 October 2023 on a potential council submission.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) whakarite / provide any feedback to council staff on the potential changes to the National Policy Statement for Highly Productive Land.

Horopaki

Context Background

6. The National Policy Statement for Highly Productive Land (NPS-HPL) came into force in October 2022. It directs the Auckland Council to introduce maps of highly productive land (HPL) into the Auckland Unitary Plan (AUP) within three years. In the interim there is a transitional definition of HPL. The areas of land meeting the transitional definition within the Rodney Local Board are shown in Attachment A to agenda report. The NPS-HPL also adds a layer of policy to be considered by councils for proposals on HPL such as land use and development, subdivision, and rezonings.

Use and development of highly productive land

7. The NPS-HPL requires council to avoid inappropriate land uses and development on HPL. All land use activities are considered inappropriate unless they are “Land-based primary production” activities, or they are explicitly included in a list of exceptions.

8. The list of exceptions covers a range of matters including providing for supporting activities to land-based primary production, addressing risks to public health and safety, enhancing indigenous biodiversity, and providing public access. The full list of exceptions is included in Attachment B to the agenda report.

Issues behind potential changes to the National Policy Statement on Highly Productive Land

9. The Ministry for the Environment advise that stakeholders have raised two issues about the NPS-HPL’s restrictions on non-land-based uses and development. These are:

· the lack of a clear consent pathway for construction of new specified infrastructure on HPL in clause 3.9(2)(j)(i)

· the lack of a clear consent pathway for developing and relocating intensive indoor primary production and greenhouses on HPL.

10. The Ministry for the Environment are currently seeking feedback on potential amendments to the NPS-HPL that would provide a clear consenting pathway for these activities. The Ministry for the Environment discussion document on the potential changes is included in Attachment C to the agenda report.

New specified infrastructure on highly productive land

11. Specified infrastructure is a defined term in the NPS-HPL and includes (but is not limited to) road and rail networks, wastewater, stormwater, water supply, and electricity generation/distribution. The wording of the NPS-HPL enables the ongoing maintenance, operation, upgrade or expansion of specified infrastructure, but it does not include the construction of new specified infrastructure. This creates a difficult consenting pathway for some new infrastructure on HPL.

12. It is noted that most infrastructure in Auckland is provided by ‘requiring authorities’. These are entities that have the power under the Resource Management Act 1991 to ‘designate’ land for infrastructure purposes. They essentially bypass the district plan and therefore they are minimally impacted by the wording of this part of the NPS-HPL.

13. However, there are specified infrastructure providers that do not have designation powers under the RMA and therefore have no apparent consent pathway to develop new infrastructure on HPL. The main example of this is the renewable electricity generation sector where often solar farms and battery energy storage systems are being developed by entities that do not have designation powers.

14. There is significant demand for additional renewable electricity in New Zealand and solar farms proposals are increasingly common. Solar farm developments often seek to develop on flat rural land because it is more economical, easier to source large blocks of land, and often receives high solar radiation. Auckland’s flat rural land is also where areas of HPL are located.

15. The Ministry for the Environment see a potential option to provide for activities such as solar farms on HPL is to amend the NPS-HPL by adding in the word “construction” to the exception for specified infrastructure.

Intensive indoor primary production and greenhouses on highly productive land

16. Intensive indoor primary production includes uses such as piggeries and poultry farms. Modern greenhouses mostly use artificial media to grow plants (e.g. hydroponics). As these activities do not rely on the soil resource of the land, they are not “land-based primary production”. Therefore, the NPS-HPL considers that these activities are inappropriate and directs that they be avoided on HPL.

17. The Ministry for the Environment advise that some primary industry stakeholders have argued that the NPS-HPL should specifically provide for intensive indoor primary production and greenhouses on HPL because they have a functional and operational need to operate there (e.g. necessary to locate the activity close to markets, labour sources, supporting infrastructure etc).

18. They also argue that there are limited alternative locations that would be economically viable for intensive indoor primary production and greenhouses. This is because HPL is flat and therefore more cost-effective to develop. HPL is also often near labour markets, transport routes, nutrient solution management and discharge infrastructure.

19. The Ministry for the Environment see a potential option to provide for intensive indoor primary production and greenhouses on HPL is to add these activities to the list of exceptions. This would provide a bespoke consenting pathway for developing and relocating intensive indoor primary production and greenhouses on HPL.

Tātaritanga me ngā tohutohu

Analysis and advice

New specified infrastructure on highly productive land

20. The main beneficiary of any change would likely be private entities (who are not requiring authorities) seeking to establish new infrastructure on HPL. This is most likely to be developers of solar farms and battery energy storage systems.

21. The potential changes to make the NPS-HPL more enabling of new infrastructure on HPL are likely to affect Auckland more than other parts of New Zealand. Due to Auckland’s large population, the region is an attractive location for future solar farm ventures – as the electricity generated is close to the end users. This proximity reduces energy loss that occurs when electricity is transmitted over long distances and increases the resilience of electricity supply.

22. There are currently three solar farm resource consent applications being processed in Auckland, with a number of other solar farm and battery energy storage system proposals at a pre-application stage. In total these proposals could cover around 2,000 hectares of land. Therefore, there is the potential that the changes to the NPS-HPL could result in the loss of significant areas of HPL in Auckland.

23. Solar farm proposals often highlight that primary production uses can co-exist with the example of sheep grazing between the panels. However, the presence of a solar farm on HPL inherently reduces the potential range, intensity, and yield of land-based primary production activities.

24. It is also noted that solar farms are just one of the renewable energy sources in New Zealand, so there may be other methods that can meet the country’s renewable energy goals without losing HPL. The inability of solar farms to establish on HPL is unlikely to threaten New Zealand’s renewable energy goals.

25. In addition, while solar farms prefer rural locations with flat land, there are other options for solar energy. Solar panels can be located on hillier land, rooftops, industrial land, contaminated land, lower productivity rural land, and even offshore.

26. The specific consultation questions that The Ministry for the Environment seek feedback on in relation to specified infrastructure are:

· are you aware of any other issues that could impede the development of new specified infrastructure on HPL?

· do you think the NPS-HPL requires an amendment to provide for the construction of new specified infrastructure on HPL?

· do you think the proposed amendment to clause 3.9(2)(j)(i) – adding ‘construction’ – will resolve the issues?

· which option do you prefer? Why?.

27. The local board may wish to give feedback on these specific questions, or comment on the potential changes overall.

Intensive indoor primary production and greenhouses on HPL

28. While there are not a high number of new developments for intensive indoor primary production and greenhouses in Auckland, when developments do occur they can be large. For example, poultry farms tend to cover around one hectare in buildings and there is a current application lodged for around two hectare of buildings (made up of eight sheds). Small glasshouse developments start off at around 0.5 hectare but are generally larger than this. There are examples of glasshouses in Auckland that cover over 10 hectare and the largest is around 25 hectare.

29. These types of activities argue that they have a functional and operational need to locate on HPL so they are close to markets, labour sources, and supporting infrastructure. However, these features apply to much of Auckland’s rural land. To demonstrate a functional and operational need for an activity to locate on HPL, the rationale would more logically revolve around the activity’s need/use of the soil of the site for primary production activities.

30. The potential change by The Ministry for the Environment could undermine the NPS-HPL by carving out an exception for activities that have no relationship to the soil of the site. If it becomes acceptable for large industrial scale buildings to locate on HPL it will make it difficult for the council when processing applications for non-land-based activities on HPL.

31. It would also introduce new complexities to the administration of the NPS-HPL. For example, how would the council respond to a proposal for a factory producing synthetic meat or eggs? Hydroponic glasshouses, piggeries, poultry farms and a synthetic meat/egg factory are all activities that operate inside industrial scale buildings, do not rely on the soil resource of the site, and have a final output of food for human consumption. It would be very difficult for the council to make a distinction between these activities for consenting purposes.

32. Auckland Council’s submission on the draft NPS-HPL in 2019 was supportive of the overall intent of the NPS to protect HPL for only land-based primary production. The council’s submission stated:

“It does not seem logical to protect the HPL soil resource from being paved over from urban expansion, but then allow it to be paved over for a horticulture operation that uses soilless media. Such an activity does not rely on the productive capacity of the soil and therefore does not need to be located on HPL.

The NPS-HPL should be protecting the full HPL resource including the soil. The purpose of the NPS-HPL is not to protect areas of flat land for large scale, industrial-type growing, but rather to protect the land resource which includes the soil.”

33. The Ministry for the Environment acknowledge that there is limited evidence of the extent of this issue given the short time since the NPS-HPL came into effect. They also accept that the potential change is misaligned with the original intent of the NPS-HPL, which was for primary production that does not rely on soil to be excluded from being considered an appropriate use and development of HPL.

34. The specific consultation questions that The Ministry for the Environment seek feedback on in relation to intensive indoor primary production and greenhouses are:

· do you think the NPS-HPL requires an amendment to provide a consent pathway for intensive indoor primary production and greenhouses to be developed on HPL? Why?

· what do you think are the risks with amending the NPS-HPL to provide for intensive indoor primary production and greenhouses on HPL?

· do you support option 1 (retaining the status quo)? Why?

· do you support option 2 (a pathway under clause 3.9)? Why?

· are there any other options we should consider?.

35. The local board may wish to give feedback on these specific questions, or comment on the potential changes overall.

Tauākī whakaaweawe āhuarangi

Climate impact statement

36. Council declared a climate emergency in Auckland, in June 2019. The decision included a commitment for all council decision-makers to consider the climate implications of their decisions.

37. Auckland’s Climate Plan (2020) includes a ‘food priority’ with a goal of “a low carbon, resilient, local food system that provides all Aucklanders with access to fresh and healthy food”. The plan recognises the importance of local food production and preserving productive soil. It states that “soils play a critical role in meeting our emissions targets as carbon is stored in soils. The more soil we lose, the less chance we have of meeting our emissions targets.”

38. A priority action area in the plan is to “Protect our productive soils and move toward regenerative practices to increase food security and carbon sequestration”. This involves the following actions:

· advocate for and implement regulation that protects Auckland’s productive soils for growing food and supports a change to more regenerative growing of food

· advocate for the proposed National Policy Statement for Highly Productive Land.

39. The potential changes to the NPS-HPL do not align with Auckland Climate Plan.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

40. Watercare and Auckland Transport are unaffected by the changes around specified infrastructure as they are requiring authorities with the power to designate land (including HPL) for infrastructure purposes.

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

Local impacts and local board views

41. The Rodney Local Board area has the largest amount of rural land in Auckland. The Rodney Local Board contains around 37,000 hectares of HPL, which is 17 per cent of the Rodney Local Board area. Rodney contains nearly half (48 per cent) of all the HPL in mainland Auckland^{^[2]}.

42. There are significant areas of HPL in Rodney including around Kumeu, Helensville, Warkworth, and Omaha. A map of the areas within the Rodney Local Board that meet the transitional definition of HPL is included in Attachment A to agenda report.

43. The draft Rodney Local Board Plan (2023) contains the following statements that are relevant to the consideration of these potential changes to the NPS-HPL:

“…we must consider the protection of prime and elite soils.”

“Rodney has a strong local economy driven by growth in construction, food and accommodation as well as more rural sectors such as forestry, food manufacturing and fruit growing creating many local employment opportunities.”

“Advocate to protect our rural zones from haphazard industrial zones.”

44. The Rodney Local Board did not provide any formal feedback to be incorporated into the council submission on the draft NPS-HPL in 2019.

Tauākī whakaaweawe Māori

Māori impact statement

45. The NPS-HPL contains specific clauses directing the council to actively involve tangata whenua (to the extent they wish to be involved) in giving effect to the NPS-HPL. In addition, specified Māori Land is included in the list of exceptions for use and development.

46. The Ministry for the Environment are not proposing any changes to these parts of the NPS-HPL.

47. As part of a potential council submission, views from iwi are being sought.

Ngā ritenga ā-pūtea

Financial implications

48. Any council submission will be funded from existing operational budgets. There are no financial implications of the local board providing its views on this matter.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. The process for potential changes to the NPS-HPL is being run by The Ministry for the Environment. There are no significant risks to the Rodney Local Board in providing feedback to be considered as part of a potential council submission on the NPS-HPL changes.

Ngā koringa ā-muri

Next steps

50. Any local board feedback will be included as part of an item to the Planning, Environment and Parks Committee on 5 October 2023 on a potential council submission. Formal resolutions from the local board will be appended to any council submission. Submissions to The Ministry for the Environment on the potential changes to the NPS-HPL close on 31 October 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Attachment A - Map of areas of the Rodney Local Board that meet the transitional definition of highly productive land (Under Separate Cover)
b	Attachment B - List of exceptions of land use and development on highly productive land (Clause 3.9(2) of the National Policy (Under Separate Cover)
c	Attachment C - Ministry for the Environment Discussion Document on Potential amendments to the National Policy Statement (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Ryan Bradley - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Matthew Kerr – Acting Local Area Manager

Rodney Local Board

20 September 2023

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/11882

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

5. The materials developed to support consultation on this matter are attached to this report and include a full consultation document, summary document and feedback form (Attachments A, B and C to 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 Rodney Local Board:

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

Horopaki

Context

8. On 27 April 2023, the Governing Body agreed to seek the views and preferences of Māori and the wider public on Māori seats for Auckland Council.

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

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

Consultation on Māori seats for Auckland Council

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

· regionwide consultation

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

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

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

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

· AK Have Your Say webpage

· webinars

· interest group events

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

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

· dedicated mana whenua and mataawaka engagement.

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

33. The framework includes Kia Ora Te Hononga (effective Māori participation) and is underpinned by the ‘Mana’ outcome objective to ensure that “mana whenua and Māori are active partners, decisionmakers and participants alongside the Auckland Council Group”.

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

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

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

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

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

Risk

Mitigation

Legal challenge

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

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

Legislative change not enacted

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

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

Council cannot fully mitigate this risk.

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

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Attachment A - Māori Seats Consultation Document (Under Separate Cover)
b	Attachment B - Māori Seats Consultation Summary Document (Under Separate Cover)
c	Attachment C - Māori Seats Consultation Feedback Form (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Libby Orr - Advisor Governance Services

Authorisers

Louise Mason - General Manager Local Board Services

Rose Leonard - Manager Governance Services

Matthew Kerr – Acting Local Area Manager

[1] Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation [2018] NZSC 122

[2] Mainland Auckland is the area covered by the District Plan section of the Auckland Unitary Plan. It excludes the areas covered by the Hauraki Gulf Islands District Plans.

Chairperson	Brent Bailey
Deputy Chairperson	Louise Johnston
Members	Mark Dennis
	Tim Holdgate
	Colin Smith
	Geoff Upson
	Ivan Wagstaff
	Guy Wishart

Local Board Member	Organisation	Position
Brent Bailey	Central Shooters Inc	President
	Auckland Shooting Club	Member
	Royal NZ Yacht Squadron	Member
	Kaipara ki Mahurangi Act Party	Candidate
Michelle Carmichael	Fight the Tip Tiaki te Whenua Inc	Deputy chairperson
Michelle Carmichael	Tapora School Board of Trustees	Staff representative
Mark Dennis	Helensville Tennis Club	Elected member
	Parakai Springs Complex	Operations manager
	South Kaipara Community Patrol Steering Group	Member
Tim Holdgate	Landowners Contractors Association	Vice chairman
	Agricultural & Pastoral Society Warkworth	Committee member
	Rodney Co-Operative Lime Company Limited	Director
Louise Johnston	Blackbridge Environmental Protection Society	Treasurer
Colin Smith	Landowners Contractors Association	Committee member
Geoff Upson
Ivan Wagstaff
Guy Wishart	Huapai Kumeū Lions	President and zone chairperson
	Kaipara ki Mahurangi LEC	Member
	Kumeū Community Centre	Committee member
	Kumeu Small Landowners Assoc	Member
	Future Kumeū Inc Committee	Member
	Kumeū Live (Music Events)	Manager
	Kumeu Emergency Network	Member
	Kumeu Community Action	Member
	Kaipara ki Mahurangi Labour Party	Candidate

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

Author	Robyn Joynes - Local Board Advisor
Authoriser	Matthew Kerr – Acting Local Area Manager

Author	Ignacio Quinteros - Democracy Advisor
Authoriser	Matthew Kerr – Acting Local Area Manager