I hereby give notice that an ordinary meeting of the Maungakiekie-Tāmaki Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 26 September 2023

1.00

Local Board Office
560 Mount Albert Road, Three Kings

 

Maungakiekie-Tāmaki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Maria Meredith

 

Deputy Chairperson

Debbie Burrows

 

Members

Don Allan

 

 

Nerissa Henry

 

 

Chris Makoare

 

 

Peter McGlashan

 

 

Tony Woodcock

 

 

(Quorum 4 members)

 

 

 

Jessica Prasad

Democracy Advisor

 

20 September 2023

 

Contact Telephone: 027 228 0253

Email: Jessica.Prasad@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Nau mai | Welcome                                                                  5

2          Ngā Tamōtanga | Apologies                                                   5

3          Te Whakapuaki i te Whai Pānga | Declaration of Interest                                                               5

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes              5

5          He Tamōtanga Motuhake | Leave of Absence                      5

6          Te Mihi | Acknowledgements                              5

7          Ngā Petihana | Petitions                                       5

8          Ngā Tono Whakaaturanga | Deputations           5

8.1     Deputation: Dunkirk Road Activity Centre                                                                       5

9          Te Matapaki Tūmatanui | Public Forum                                6

10        Ngā Pakihi Autaia | Extraordinary Business     6

11        Chairperson's Report                                                              9

12        Board Member's Reports                                                      11

13        Governing Body Member's Update                                     13

14        Maungakiekie-Tāmaki Local Board Annual Report 2022/2023                                                                                15

15        Funding Auckland's Storm Recovery and Resilience       19

16        Local board feedback on Emergency Management Bill   27

17        Local board feedback on Māori seats for Auckland Council                                                                                    33

18        Bottom Fishing Access Zones in the Hauraki Gulf Tīkapa Moana Marine Park – Fisheries New Zealand discussion paper                                                                                       39

19        Local board feedback into the council submission on Hauraki Gulf / Tīkapa Moana Marine Protection Bill to the Environment Select Committee                                           45

20        Hōtaka Kaupapa / Governance Forward Work Calendar  47

21        Record of Maungakiekie-Tāmaki Local Board Workshops                                                                                                 49

22        Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items

 


1          Nau mai | Welcome

 

 

 

2          Ngā Tamōtanga | Apologies

 

An apology has been received from Member T Woodcock for his absence.

 

 

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 Maungakiekie-Tāmaki Local Board:

a)          confirm the ordinary minutes of its meeting, held on Tuesday, 12 September 2023, as a true and correct record.

 

 

 

5          He Tamōtanga Motuhake | Leave of Absence

 

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

 

 

6          Te Mihi | Acknowledgements

 

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

 

 

7          Ngā Petihana | Petitions

 

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

 

 

8          Ngā Tono Whakaaturanga | Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Maungakiekie-Tāmaki 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: Dunkirk Road Activity Centre

Te take mō te pūrongo

Purpose of the report

1.       To enable an opportunity for the Dunkirk Road Activity Centre to deliver a presentation to the local board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary  

2.   Tracey Fausett will be in attendance to present to the board the Dunkirk Road Activity Centre’s annual accountability report.

3.   As per standing orders the Chairperson has approved the deputation request from the Dunkirk Road Activity Centre.

 

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      Thank Tracey Fausett for her attendance and presentation.

 

 

 

 

9          Te Matapaki Tūmatanui | Public Forum

 

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

 

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

 

 

10        Ngā Pakihi Autaia | Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Chairperson's Report

File No.: CP2023/13491

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To keep the Maungakiekie-Tāmaki Local Board informed on the local activities that the Chairperson is involved with.

Whakarāpopototanga matua

Executive summary

2.       Providing the Chairperson with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      receive the Chairperson’s written report.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Author

Jessica Prasad - Democracy Advisor

Authoriser

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Board Member's Reports

File No.: CP2023/13492

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To keep the Maungakiekie-Tāmaki Local Board informed on the local activities that the local board members are involved with.

Whakarāpopototanga matua

Executive summary

2.       Providing board members with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)   receive the board member’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Jessica Prasad - Democracy Advisor

Authoriser

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Governing Body Member's Update

File No.: CP2023/13490

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To update the Maungakiekie-Tāmaki Local Board on local activities that the Governing Body representative is involved with.

Whakarāpopototanga matua

Executive summary

2.       To provide the Governing Body Member an opportunity to update the Maungakiekie-Tāmaki Local Board on regional matters.

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      receive the Governing Body Member’s update.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Jessica Prasad - Democracy Advisor

Authoriser

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Maungakiekie-Tāmaki Local Board Annual Report 2022/2023

File No.: CP2023/13494

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

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

 

Horopaki

Context

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

5.       The annual report contains the following sections:

Section

Description

Mihi

The mihi is an introduction specific to each local board area and is presented in Te Reo Māori and English.

About this report

An overview of what is covered in this document.

Message from the chairperson

An overall message introducing the report, highlighting achievements and challenges, including both financial and non-financial performance.

Local board members

A group photo of the local board members.

Our area – projects and improvements

A visual layout of the local board area summarising key demographic information and showing key projects and facilities in the area.

Performance report

Provides performance measure results for each activity, providing explanations where targeted service levels have not been achieved. Includes the activity highlights and challenges.

Our performance explained

Highlights of the local board’s work programme which contributed to a performance outcome

Local flavour

A profile of either an outstanding resident, grant, project or facility that benefits the local community.

Funding impact statement

Financial performance results compared to long-term plan and annual plan budgets, together with explanations about variances.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

·       Audit NZ review during August and September 2023

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

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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A

 

     

Ngā kaihaina

Signatories

Author

Audrey Gan - Lead Financial Advisor Local Boards

Authoriser

Nina Siers - Local Area Manager

Mark Purdie - Lead Financial Advisor

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Funding Auckland's Storm Recovery and Resilience

File No.: CP2023/13464

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·        repairing storm damage to the transport network

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

·        Category 3 property buyouts.

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

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

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

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

 

Horopaki

Context

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

 

Central government funding

Auckland Council funding

Total

Transport network recovery

$309 million

$81 million

$390 million

Making space for water and other resilience projects

$380 million

$440 million

$820 million

Category 3 home buy-outs

$387 million

$387 million

$774 million

Total

$1,076 million

$908 million

$1,984 million

 

Transport network recovery

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

Making Space for Water and other resilience projects

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

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

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

Category 3 property buy-outs

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

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

·        residential

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

·        subject to ongoing intolerable risk to life, and

·        without an economic way to mitigate the risk.

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

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

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

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

Accepting the funding package

25.     If Auckland Council accepts the funding package:

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

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

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

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

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

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

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

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

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

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

Methodology of Category 3 buy-outs

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

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

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Table 2. Risks and mitigations with the Crown offer process

            Risk

Mitigations

More than 700 properties are identified as category 3.

Good faith commitment with the Crown to develop a joint response if this situation arises.

Eligibility criteria for the National Resilience Plan have not yet been defined, meaning there is a risk to accessing the pre-committed funding for resilience

Address within terms of the agreement

Significant additional funding required from Auckland Council

An existing risk that will need to be addressed in the Long-term Plan 2024-2034, regardless of the Crown offer.

Terms of the Crown offer do not adequately provide for the complexity of the council processes needed to undertake buy outs.

Policy and legal analysis is underway to consider the implications of the terms of the agreement, to be reported to the Governing Body.

Ngā koringa ā-muri

Next steps

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

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

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

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

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

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Megan Howell – Recovery Specialist

Authorisers

Mat Tucker – Group Recovery Manager

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Local board feedback on Emergency Management Bill

File No.: CP2023/12971

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

 

Horopaki

Context

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Emergency Management Bill

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

·        restructures the Bill to a more modern approach

·        includes current provisions with minor amendment

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

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

A more modern Bill

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

Current provisions minorly amended

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

Language and terminology

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

New terminology

Outgoing terminology

Emergency Management

Civil Defence Emergency Management

Emergency Management Committee

Civil Defence Emergency Management Committee

Emergency Management Committee Plan

Civil Defence Emergency Management Committee Group Plan

Coordinating Executive

Coordinating Executive Group

Area Controller

Group Controller

Area Recovery Manager

Group Recovery Manager

emergency designation

a state of emergency or a transition period

 

More significant changes

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

Greater recognition of the role of Māori and enhancing Māori participation

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

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

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

 

Critical infrastructure

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

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

·        of infrastructure (i.e. banks)

·        of potential threats (i.e. cyberattack)

·        and their dependencies and interdependencies.

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

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

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

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

Regulations and Director’s rule-making powers

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

Infringements

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

·        reduce the risk from emergencies

·        raise awareness of and preparedness for emergencies

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

·    managers of critical infrastructure

·    providers of key information during emergencies

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

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of the Emergency Management Bill's more significant changes

 

     

Ngā kaihaina

Signatories

Author

Wayne Brown – Principal Recovery Advisor

Authorisers

Paul Amaral – General Manager Auckland Emergency Management

Louise Mason – General Manager, Local Board Services

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Local board feedback on Māori seats for Auckland Council

File No.: CP2023/13039

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

 

Horopaki

Context

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

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

Consultation on Māori seats for Auckland Council

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

·        regionwide consultation

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

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

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

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

·        AK Have Your Say webpage

·        webinars

·        interest group events

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

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

·        dedicated mana whenua and mataawaka engagement

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

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

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

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

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

            Risk

            Mitigation

            Legal challenge

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

           

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

            Legislative change not enacted

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

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

Council cannot fully mitigate this risk.

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

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

 

 

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Māori Seats Consultation Document

 

b

Māori Seats Consultation Summary Document

 

c

Māori Seats Consultation Feedback Form

 

     

Ngā kaihaina

Signatories

Author

Libby Orr, Advisor Governance Services

Authorisers

Rose Leonard, Manager Governance Services

Louise Mason, General Manager, Local Board Services

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Bottom Fishing Access Zones in the Hauraki Gulf Tīkapa Moana Marine Park – Fisheries New Zealand discussion paper

File No.: CP2023/13746

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an overview of central government’s discussion document entitled ‘Proposed options for bottom fishing access zones in the Hauraki Gulf’.

2.       To offer an opportunity for local boards to input into an Auckland Council submission to Fisheries New Zealand.

Whakarāpopototanga matua

Executive summary

3.       Fisheries New Zealand released a discussion paper consulting on options for establishing Bottom Fishing Access Zones in the Hauraki Gulf Tīkapa Moana on 30 August 2023. The proposals follow the June 2021 publication of Revitalising the Hauraki Gulf: Government action on the Sea Change Plan.

4.       The Fisheries New Zealand proposal presents four options for Bottom Fishing Access Zones (BFAZ) that vary in closing 74.1 per cent to 87.3 per cent of the Gulf to Danish seining and 77.1 per cent to 89.2 per cent of the Gulf to bottom trawl fishing. Current closures protect on average 35 per cent of predicted suitable habitat.

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

6.       Council staff appreciate the many demands on local boards and note there is no obligation to provide feedback on this fisheries management proposal. NES staff have considerable in-depth background of the Hauraki Gulf Tīkapa Moana discussions over the last decade and experience on the Hauraki Gulf Fisheries Plan Advisory Group.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      whiwhi / receive the Natural Environment Strategy staff overview of central government’s discussion paper ‘Bottom fishing access zones in the Hauraki Gulf Marine Park’.

b)      whakarite / provide feedback on any of the Fisheries New Zealand consultation questions, to help inform the proposed council submission that will be presented to the Planning, Environment and Parks Committee on 2 November 2023.

 

Horopaki

Context

Background

7.       Auckland Council initiated the Sea Change marine spatial planning process a decade ago in cooperation with Waikato Regional Council. Natural Environment Strategy staff played a significant role in resourcing a stakeholder-led process through to the publication of the stakeholder plan in April 2017.

8.       Central government developed Revitalising the Hauraki Gulf: Government action on the Sea Change Plan (June 2021) in response to marine protection (Department of Conservation) and fisheries management (Fisheries New Zealand) proposals in the Sea Change plan. Revitalising the Hauraki Gulf addresses the respective DOC and Fisheries New Zealand responsibilities and how the relevant Sea Change plan proposals could be advanced.

9.       An approved Hauraki Gulf Fisheries Plan was announced on 9 August 2023 setting out a management objective to protect marine benthic (i.e. ocean floor) habitats from any adverse effects of fishing and exclude bottom trawling and Danish seining in the Hauraki Gulf Tīkapa Moana except within defined areas.

10.     A key technical document (published by Fisheries New Zealand in March 2023) outlines the use of a spatial decision support tool to aid the development of options for the Bottom Fishing Access Zones (BFAZ) proposal.

11.     On 30 August 2023, Fisheries New Zealand released a discussion paper consulting on options for establishing Bottom Fishing Access Zones in the Hauraki Gulf Tīkapa Moana.

12.     The proposals encompassed by the Bottom Fishing Access Zones discussion paper are quite separate from the marine protection proposals outlined in the Hauraki Gulf Tīkapa Moana Marine Protection Bill in that they are being advanced through existing fisheries legislation. However, both Fisheries New Zealand and DOC have worked closely in the concurrent release of the respective proposals under fisheries and conservation legislation respectively.

13.     The marine protection proposals encompassed by the Hauraki Gulf Tīkapa Moana Marine Protection Bill are not further discussed in the context of this report which focuses on the proposals to create Bottom Fishing Access Zones. A separate report will be provided to local boards to provide input on an Auckland Council submission to the Environment Select Committee on the Hauraki Gulf Tīkapa Moana Marine Protection Bill.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     This report sets out the analysis and advice for local board consideration on the Fisheries New Zealand discussion document. Staff advice to be presented to the Planning Environment and Parks (PEP) Committee will also evaluate and address implications for Māori, considerations of climate impacts, and organisational risks in accordance with formal council reporting expectations.

Bottom trawl and Danish seine fishing methods

15.     Bottom trawling is when a fishing net is towed along the seafloor. Danish seining uses a net that is set out using long ropes in a diamond shape on the seabed. While Danish seine fishing does not tow the fishing gear over the seabed in the same manner as bottom trawling, there are impacts to the benthic habitat inside the diamond area as the ropes are drawn in and the net is retrieved.

16.     Estimates of the historical footprint indicate the vast majority of available and suitable seafloor in the Gulf has been fished by bottom contact fishing methods at some point in time, with varying levels of intensity. There has been a noticeable reduction in overall trawl fishing effort within the Gulf since 2018, with some fishers who previously operated in the Gulf making the choice to fish elsewhere.

17.     Bottom contact fishing can affect seafloor habitats and communities by damaging or removing structure forming species, reducing habitat complexity and altering the seafloor structure. The functioning of these communities can be affected as a result. There have been relatively few assessments of the impacts of Danish seine fishing to benthic habitat and communities. Danish seine fishing does not use ‘trawl doors’, and the ground gear is lighter.

Fisheries economics in the Gulf

18.     About half of all fish caught commercially in the Gulf is sold in Auckland restaurants fish shops and take-away shops. Trawling- and Danish seine-caught fish make up part of this market, but accurate information is not immediately available. The top ten inshore species caught account for 95 per cent of total catch landed by Danish seine and bottom trawl fishing in the Gulf. The top five species account for 90 per cent of the total commercial catch from the Gulf. These include, in descending order, snapper, trevally, john dory, gurnard, terakihi, gemfish, jack mackerel, leatherjacket, school shark and mirror dory.

19.     Of the 222 entities owning the primarily affected quota shares (which can be fished in the Gulf), 21 entities own quota shares allocated to Māori by virtue of Treaty Settlement legislation. This accounts for 12 per cent of the total quota shares for these fish stocks. There are 28 Danish seine or trawl operators (fishing permit holders) that have fished the areas proposed for BFAZ over the last five years, operating 22 trawl vessels and 11 Danish seine vessels. Current revenue generated from these two fishing methods from the Gulf amounts to $7.2 million based on port price, or $10.5 million based on export prices.

Legislative context

20.     The proposed implementation of BFAZs is one part of an overall management approach being taken to improve the health and mauri of the Gulf. Other initiatives have been identified at both a national and regional level that complement the BFAZ proposals. Increasing the health of the Gulf will also be dependent on improved land management activities administered by councils.

21.     Fisheries New Zealand are responsible for administering the Fisheries Act 1996 and its supporting regulations. The Act gives commercial, recreational, and customary Māori fishers access to resources while ensuring fisheries are managed sustainably and that the effects on the aquatic environment are managed. People making decisions under the Act are to ensure that they do so in a manner that is consistent with the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

Engagement prior to formal proposals

22.     Engagement by Fisheries New Zealand and the Department of Conservation with tangata whenua and iwi representatives (from adjacent areas as well as from within the Gulf) has indicated that the majority of iwi primarily support the removal of some or all mobile bottom contact fishing methods from the Gulf. Consultation is ongoing with tangata whenua throughout the region and with iwi fisheries forums in areas that could receive displaced fishing efforts resulting from the proposed changes.

23.     Public submissions preceding the approval (August 2023) of the Hauraki Gulf Fisheries Plan supported the removal of bottom trawling and Danish seining from the Gulf, or the establishment of BFAZs. Commercial interests noted that the sector was working towards reducing the impact of bottom trawling through innovative methods and gear trials, and that fishers trawl over soft seabed sediment forms, as opposed to reefs which are associated with high biodiversity. Commercial interests were concerned about the impacts of restricting bottom fishing and Danish seining on fishing operations and the potential displacement of effort that could occur.

Using a spatial planning approach to determine options for public engagement

24.     A Fisheries New Zealand science project (ZBD2020-06) was contracted to NIWA in 2020 to collate spatial information on habitat forming species, to develop models predicting the distribution of biogenic habitats, and to test a spatial planning approach. Current closures protect on average 35 per cent of predicted suitable habitat for the 20 biogenic habitat groups, although this ranged from 10 to 94 per cent for the nine most vulnerable biogenic habitat groups.

25.     A Hauraki Gulf Benthic Spatial Planning Advisory Group (HGBSPAG) was formed in 2022 to facilitate collaboration on the process of collating spatial information on, modelling the distribution of and testing spatial planning approaches for managing habitat forming species. A spatial decision-support tool, Zonation, was used to identify priority areas for particular objectives (i.e. those areas with high fisheries importance and low importance for biogenic habitats).

26.     The findings of the science project (ZBD2020-06) were presented to the Hauraki Gulf Fisheries Plan Advisory Group (HGFPAG) in August 2022. These inputs were further refined by Fisheries New Zealand and Department of Conservation, prior to a final opportunity for review by the HGPFAG. The proposals were subsequently finalised and endorsed by Cabinet for public engagement.

Discussion paper proposed options

27.     There are four BFAZ options proposed which vary in degrees of protection to biodiversity and impact to bottom trawl and Danish seine fisheries. The status quo or a complete ban are not proposed options. Ordered in increasing impact to bottom trawl and Danish seine fisheries the options are:

Option 1

Close 74.1 per cent of the Hauraki Gulf Marine Park shallower than 200m to Danish seine and 77.1 per cent to trawl fishing methods and establish six BFAZ.

Option 2

Close 79.4 per cent of the Hauraki Gulf Marine Park shallower than 200m to Danish seine and 82.4 per cent to trawl fishing methods and establish five BFAZ.

Option 3

Close 86.6 per cent of the Hauraki Gulf Marine Park shallower than 200m to Danish seine and 88.5 per cent to trawl fishing methods and establish four BFAZ.

Option 4

Close 87.3 per cent of the Gulf shallower than 200m to Danish seine and 89.2 per cent to trawl fishing methods and establish four BFAZ.

 

28.     Fisheries New Zealand considers that each of the four proposed options addresses the problem of adverse impacts of bottom contact fishing on benthic habitats in the Gulf. They each address the Crown’s obligations under section five (Treaty of Waitangi), section eight (the Purpose of the Fisheries Act), section nine (environmental principles) and section 10 (information principles) of the Act by allowing for continued sustainable utilisation. Each option provides for different levels of fishing utilisation and has different potential resulting impacts depending on the scale of reduced access. There remains uncertainty around expected changes to landings and revenue, displacement of fishing effort to other areas not affected by the closures and the substitution of fishing methods other than Danish seine and trawl.

29.     Specific assessment of each proposed option is outlined in the discussion paper with reasonable detail, with an emphasis on envisaged biodiversity outcomes and economic outcomes. Economic impacts may fall disproportionately on a small number of permit holders. This manifests itself as impacts on landings and revenue (based on port prices received), export revenue, reduced incomes for Licenced Fish Receivers (including wholesalers and/or processors) and retailers.

Key consultation questions

30.     There are 13 questions asked in the discussion paper (reproduced in Attachment A), and NES staff have highlighted the following key consultation questions of anticipated interest to local boards to support the feedback process:

·        Which option do you support for proposed Bottom Fishing Access Zones? Why?

·        If you do not support any of the options listed, what alternative(s) should be considered? Why?

·        Do you have any ideas or alternative approaches to the management of bottom fishing impacts, apart from the proposed Bottom Fishing Access Zones?

·        Do you think the proposed options adequately provide for social, economic and cultural wellbeing?

·        Do you think the criteria outlined in section five (of the discussion paper) will provide a suitable basis to assess the options and their impacts?

·        Do you think the proposed options appropriately consider the effects on the benthic environment?

Ngā koringa ā-muri

Next steps

31.     Council staff will be taking an agenda report and proposed draft submission to the Planning Environment and Parks Committee on 2 November 2023. In addition to an assessment of the proposals as they further the council’s obligations to biodiversity management in the coastal marine area (cf. fisheries management), the themes of the internal input will be summarised in the agenda report and incorporated into the proposed submission as appropriate.

32.     Local board feedback received by 29 September will be considered by NES staff in shaping the proposed council submission. While that early input is encouraged where possible, all local board feedback received by 16 October 2023 will be appended to the committee report. NES staff will make relevant observations to the Planning, Environment and Parks Committee about the local board input received as that informs the proposed council submission.

33.     A separate report will be provided to local boards to provide input on an Auckland Council submission to the Environment Select Committee on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bottom Fishing Access Zones in the Hauraki Gulf Tīkapa Moana Marine Park: Questions for submitters

 

     

Ngā kaihaina

Signatories

Author

Dave Allen, Manager Natural Environment Strategy

Authorisers

Louise Mason - General Manager Local Board Services

Jacques Victor, GM Auckland Plan Strategy & Research

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Local board feedback into the council submission on Hauraki Gulf / Tīkapa Moana Marine Protection Bill to the Environment Select Committee

File No.: CP2023/13094

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek local board feedback into the council submission on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill to the Environment Select Committee.

Whakarāpopototanga matua

Executive summary

2.       The Environment Select Committee is seeking views on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill.

3.       The purpose of the Bill is to seek to address environmental decline in the Hauraki Gulf / Tīkapa Moana due to human activities.

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

5.       The council will be providing a submission to the Environment Select Committee on this matter and the local board has an opportunity to provide their feedback into this submission.

6.       A memo will be circulated to local board members prior to providing their feedback with further information about the opportunity to provide input into the council submission on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill.

7.       Local Board feedback received by 29 September 2023 will be incorporated into the council submission. Feedback received after this and before 16 October 2023 will only be appended to the submission. The consultation closes 1 November 2023.

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)    whakarite / provide feedback on the Hauraki Gulf / Tīkapa Moana Marine Protection Bill to be incorporated into the council’s submission to the Environment Select Committee.

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Vanessa Phillips – Local Board Advisor

Authoriser

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Hōtaka Kaupapa / Governance Forward Work Calendar

File No.: CP2023/13599

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the board with the governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.       The Hōtaka Kaupapa/ governance forward work calendar for the Maungakiekie-Tāmaki Local Board is in Attachment A.

3.       The calendar aims to support local boards’ governance role by:

·    ensuring advice on meeting agendas is driven by local board priorities

·    clarifying what advice is required and when

·    clarifying the rationale for reports.

4.       The calendar is updated every month. Each update is reported to business meetings. It is recognised that at times items will arise that are not programmed. Board members are welcome to discuss changes to the calendar.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      note the attached Hōtaka Kaupapa / Governance Forward Work Calendar.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

26 September 2023 Maungakiekie-Tāmaki Local Board Business Meeting: Item 21 - Governance Forward Work Calendar, Document

 

     

Ngā kaihaina

Signatories

Author

Jessica Prasad - Democracy Advisor

Authoriser

Nina Siers - Local Area Manager

 

 


Maungakiekie-Tāmaki Local Board

26 September 2023

 

 

Record of Maungakiekie-Tāmaki Local Board Workshops

File No.: CP2023/13601

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide a summary of the Maungakiekie-Tāmaki Local Board workshops for 12 and 19 September.

Whakarāpopototanga matua

Executive summary

2.       Local board workshops are held to give board members an opportunity to receive information and updates or provide direction and have discussion on issues and projects relevant to the local board area. No binding decisions are made or voted on at workshop sessions.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      note the local board record of workshops held on 12 and 19 September.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

26 September 2023 Maungakiekie-Tāmaki Local Board Business Meeting: Item 22 - Record of Workshops, Document

 

     

Ngā kaihaina

Signatories

Author

Jessica Prasad - Democracy Advisor

Authoriser

Nina Siers - Local Area Manager