Agenda of Kaipātiki Local Board - Wednesday, 29 November 2023

I hereby give notice that an additional meeting of the Kaipātiki Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Wednesday, 29 November 2023

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

Kaipātiki Local Board

OPEN AGENDA

MEMBERSHIP

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

(Quorum 4 members)

Jacinda Gweshe

Democracy Advisor

23 November 2023

Contact Telephone: (09) 484 6236

Email: Jacinda.Gweshe@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

1 Nau mai | Welcome

The meeting will be opened with a karakia.

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio

He huka

He hau hū

Tīhei mauri ora

Cease o winds from the west

Cease o winds from the south

Bring calm breezes over the land

Bring calm breezes over the sea

And let the red-tipped dawn come

With a touch of frost

A sharpened air

And promise of a glorious day.

2 Ngā Tamōtanga | Apologies

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

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

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

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

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

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

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

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

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

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

The minutes of the Kaipātiki Local Board 15 November 2023 business meeting will be

confirmed at the 6 December 2023 business meeting.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

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

8.1 Kaipātiki Emergency Community Plan 2024

Te take mō te pūrongo

Purpose of the report

1. The purpose of this deputation is to update the Kaipātiki Local Board regarding Kaipātiki Emergency Community Plan 2024.

Whakarāpopototanga matua

Executive summary

2. Jill Nerheny, Manager of Kaipātiki Community Facilities Trust, and Janet Cole, Manager of Kaipātiki Project, will be in attendance to address the board on this item.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) receive the deputation from Kaipātiki Community Facilities Trust and Kaipātiki Project and thank Jill Nerheny and Janet Cole for their attendance and presentation.

Attachments

a 29 November 2023 - Kaipātiki Local Board business meeting - Storm Recovery & Resilience - Kaipātiki - KCFT and KP Deputation.................... 39

9 Te Matapaki Tūmatanui | Public Forum

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

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

10 Ngā Pakihi Autaia | Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Kaipātiki Local Board

29 November 2023

10-year Budget 2024-2034 - local consultation content

File No.: CP2023/18243

Te take mō te pūrongo

Purpose of the report

1. To approve local consultation content and supporting information as part of the 10-year Budget 2024-2034 process, along with a local engagement event.

Whakarāpopototanga matua

Executive summary

2. Each financial year, Auckland Council must have a local board agreement that is agreed between the Governing Body and the local board in each local board area. These agreements set out local board priorities and the local activities to be provided for the year. The 21 local board agreements for 2024/2025 will be included in the 10-year Budget 2024-2034.

3. Consultation on the 10-year Budget 2024-2034 is planned to take place from 28 February – 28 March 2024. Content relating to each local board agreement must be included as part of that consultation.

4. This report seeks approval from the local board for local consultation content. It also seeks approval of a Have Your Say event to be held in the local board area to give Aucklanders an opportunity to provide face-to-face feedback during the consultation period.

5. The Governing Body will approve regional items for consultation on 6 December 2023. The regional and local consultation items will then be incorporated into the 10-year Budget 2024-2034 consultation document and supporting information, which is also planned to be adopted by the Governing Body in February 2024.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) whakaae / approve local consultation document content (refer to Attachment A of the agenda report) and local supporting information content (refer to Attachment B of the agenda report) for inclusion in the 10-year Budget 2024-2034 consultation material.

b) tautapa / delegate authority to the local board Chair to approve any changes required to finalise the local consultation document and supporting information content for the Kaipātiki Local Board for the 10-year Budget 2024-2034.

c) whakaae / approve the following Have Your Say events in the local board area during the 10-year Budget 2024-2034 consultation period:

i) drop-in at Movies in Parks, Friday 1 March 2023, 6.30pm – 8.30pm, Harvey Wright Sportsfield, Birkenhead War Memorial Park.

ii) drop-in at World of Cultures festival, Saturday 23 March, time TBC, Northcote Town Centre.

d) tautapa / delegate authority to the local board Chair to approve any changes required to the Have Your Say event.

e) Tautapa / delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken (or New Zealand sign language) interaction” in relation to the local board agreement at the council’s public engagement events during the consultation period for the 10-year Budget 2024-2034:

i) local board members and Chair

ii) General Manager Local Board Services, Local Area Manager, Local Board Senior Advisor, Local Board Advisor, Local Board Engagement Advisor

iii) any additional staff approved by the General Manager Local Board Services or the Group Chief Financial Officer.

Horopaki

Context

6. Auckland Council is required to adopt a 10-year budget (Long-Term Plan or LTP) every three years. The LTP sets out the priorities and funding for council activities that are planned over a 10-year period. It includes financial and non-financial information for the whole Auckland Council group. The Governing Body is responsible for adopting the 10-year budget, and will be adopting the 10-year Budget 2024-2034 in June 2024.

7. Auckland Council is required to consult on the 10-year Budget 2024-2034 using the special consultative procedure set out in the Local Government Act 2002. The Budget Committee will be deciding on items for consultation for the 10-year Budget 2024-2034 on 6 December 2023. Local Boards have the opportunity to provide input into the regional topics for consultation for consideration by the Budget Committee.

8. For each financial year, Auckland Council is required to have a local board agreement (as agreed between the Governing Body and the local board) for each local board area. These local board agreements are included in each year’s annual budget, or the 10-year budget (every three years).

9. Local board agreements set out how the council will reflect the priorities and preferences in the local board’s plan through the local activities to be provided in the local board area.

10. Content relating to each local board agreement must be included in the 10-year Budget 2024-2034 consultation document and supporting information.

11. Public consultation on the 10-year Budget 2024-2034 is planned to take place from 28 February to 28 March 2024.

12. Aucklanders will be able to provide feedback during the consultation period through a variety of channels, which include face-to-face (for spoken and New Zealand sign language interaction), written and social media.

Tātaritanga me ngā tohutohu

Analysis and advice

13. Local boards held workshops during November 2023 to determine their proposed priorities for their 2024/2025 local board agreement. Each local board is now requested to approve its local consultation document and supporting information content for inclusion in the consultation material for the 10-year Budget 2024-2034 (Attachments A and B respectively).

14. Should changes be required to the local consultation content during the document production, they will be provided to the local board chair for approval.

15. The Council is required to use the special consultative procedure set out in the Local Government Act 2002 when consulting on the 10-year Budget (LTP). The special consultative procedure requires, among other things, the council to provide an opportunity for people to present their views to the council in a manner that enables ‘spoken (or New Zealand sign language) interaction’ between the person and the council’s decision-makers or their official delegates.

16. Further, people who wish to have their views on the proposed content of the local board agreement 2024/2025 and 10-year Budget 2024-2034 considered by Auckland Council should be provided a reasonable opportunity to present those views in a manner and format that is appropriate to their preferences and needs.

17. The recommended Have Your Say events, along with the recommended delegation to elected members and staff to hear from the public ensures that the Council is meeting its obligations relating to consultation.

18. The Have Your Say events recommended to be held in the Kaipātiki Local Board area are:

· drop-in at Movies in Parks, Friday 1 March 2023, 6.30pm – 8.30pm, Harvey Wright Sportsfield, Birkenhead War Memorial Park.

· drop-in at World of Cultures festival, Saturday 23 March, Time TBC, Northcote Town Centre.

19. Other Have Your Say events will also take place across the region along with a range of ways for people to engage with the council during the consultation period. There will also be online information available and the opportunity to submit written or digital feedback. Note that the proposed date for the Have Your Say event will be checked with Ward Councillor/s to ensure they are able to attend.

20. The consultation period does not begin for a couple of months. If circumstances change between now and the consultation period requiring any changes to the approved Have Your Say event, these will be provided to the local board chair for approval in line with the recommended delegation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. The decision to consult is procedural in nature and the small scale of the Have Your Say events means any climate change impacts will be negligible. These decisions are unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decisions.

22. However, where practicable, events proposed will be in locations accessible by public transport, to reduce private vehicle travel and increase opportunities for attendance.

23. Some of the proposed initiatives or projects included in the consultation content may have climate change impacts. The impacts of any initiatives or projects Auckland Council chooses to progress as a result of this consultation will be assessed as part of the relevant reporting requirements.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. The 10-year Budget 2024-2034 is an Auckland Council group document and will include budgets at a consolidated group level.

25. Consultation items and updates to budgets to reflect decisions and new information may include items from across the group. This will be reflected in the report on regional consultation items going to the Budget Committee on 6 December 2023.

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

Local impacts and local board views

26. Local board chairs have been invited to be involved in the development of the regional topics for consultation by attending Budget Committee workshops. Local board members were invited to attend eleven separate 10-year Budget 2024-2034 briefings summarising topics discussed at Budget Committee workshops.

27. Local boards will have further opportunities to provide information and views as the council progresses through the 10-year Budget 2024-2034 process.

28. Aucklanders will have the opportunity to give feedback on regional and local proposals through the public consultation on the 10-year Budget 2024-2034. All feedback received from submitters that indicate that they reside in the local board area will be analysed by staff and made available for consideration by the local board, prior to the local board finalising its local board agreement.

Tauākī whakaaweawe Māori

Māori impact statement

29. Many local board decisions are of importance to and impact on Māori. The local board agreement and 10-year Budget 2024-2034 are important tools that enable and can demonstrate council’s responsiveness to Māori. The local board plan adopted in November 2023 forms the basis for local priorities.

30. The approach to Māori engagement for 10-year Budget 2024-2034 will be finalised once consultation topics are confirmed, including development of bespoke materials.

31. There is a need to continue to build local board relationships with iwi and the wider Māori community. Ongoing conversations will assist the local board and Māori to understand each other’s priorities and challenges.

Ngā ritenga ā-pūtea

Financial implications

32. There may be marginal costs associated for Have-Your-Say events including venue hire (where council premises cannot be utilised).

33. After consultation local boards will make decisions on local spending in the local board agreement with financial impacts that affect local communities.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. The Local Government (Auckland Council) Act 2009 requires content relating to each local board agreement to be included in the 10-year Budget 2024-2034 consultation document. Under the Local Government Act 2002, the consultation document for the 10-year Budget must be audited. The draft consultation document (including local consultation content) will be prepared by staff and audited in December 2023 and January 2024 ahead of adoption by the Budget Committee in mid-February 2024. Therefore, local boards need to approve their local consultation content for inclusion in the draft consultation document by the end of November 2023.

Ngā koringa ā-muri

Next steps

35. The Budget Committee will agree items for consultation and approve the consultation approach for the 10-year Budget 2024-2034 on 6 December 2023.

36. Following the decisions of the local board to approve local consultation content, and the decisions of the Budget Committee on regional items for consultation, staff will prepare the consultation document and supporting information for the 10-year Budget 2024-2034. These will be adopted by the Budget Committee in mid-February 2024.

37. Following consultation, the Governing Body and the local board will make decisions on the 10-year Budget 2024-2034 and local board agreements respectively in June 2024.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	29 November 2023 - Kaipātiki Local Board business meeting - Kaipātiki Local Board consultation document	15
b ⇩	29 November 2023 - Kaipātiki Local Board business meeting - Kaipātiki Local Board supporting information content	17

Ngā kaihaina

Signatories

Authors

Phoebe Peguero - Senior Advisor Operations and Policy

Renee Burgers - Lead Advisor Plans and Programmes

Authorisers

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

Kaipātiki Local Board

29 November 2023

Kaipātiki Local Board feedback on the proposed National Policy Statement for Natural Hazard Decision-making

File No.: CP2023/17995

Te take mō te pūrongo

Purpose of the report

1. To provide Kaipātiki Local Board’s feedback on the proposed National Policy Statement for Natural Hazard Decision-making.

Whakarāpopototanga matua

Executive summary

2. The Government is seeking feedback on a proposed National Policy Statement for Natural Hazard Decision-making. This is a first step from central government to provide additional support for local government to manage risks to people and property from natural hazards such as floods, landslides and coastal inundation.

3. The proposed NPS-NHD would direct decision-makers to take a risk-based approach to natural hazards when making planning decisions relating to new development. The proposed NPS-NHD will identify three natural hazard risk categories (high, moderate and low). It will direct decision-makers to address the level of risk based on the likelihood and consequence of a natural hazard event, and then assess the tolerance to a natural hazard event in relation to the proposed new development.

4. Tolerance is based on many factors, including the willingness and capability of those affected by the risk (eg, the community, Māori or the Crown) to bear the direct and indirect risks and costs of the natural hazard.

5. Based on a decision-maker’s assessment of natural hazard risk and the tolerance to the risk, the proposed NPS-NHD will direct the decision-maker to:

· in high natural hazard risk areas, avoid new development unless the level of risk can be reduced to at least a tolerable level

· in moderate natural hazard risk areas, reduce risk to as low as reasonably practicable

· in low natural hazard risk areas, enable new development.

6. The NPS-NHD would have an immediate effect, because decision-makers would need to have regard to the NPS-NHD when making decisions on resource consents or designations and give effect to the NPS-NHD for any private plan change decisions on and from the commencement date of the NPS-NHD. Local authorities would also need to give effect to the NPS-NHD through updating their planning instruments as soon as reasonably practicable. Until a plan change has been made, decisions will rely on existing plans, including the plan’s rules to trigger the need for a consent. As part of a plan change, local authorities may choose to remap natural hazard risk areas and reclassify the level of natural hazard risk accordingly, but the NPS-NHD will not require them to do so.

7. Remaining Māori land is disproportionately exposed to natural hazard risk, and developing Māori land can be challenging. The proposed NPS-NHD seeks to acknowledge and deliver on the Treaty of Waitangi principles of active protection and tino rangatiratanga by requiring decision-makers. It will do this by requiring decision-makers to engage early and involve tangata whenua (through existing resource management processes) when making decisions on new developments on specified Māori land where a high or moderate risk exists.

8. The full content of the proposed National Policy Statement for Natural Hazard Decision-making can be found at: https://consult.environment.govt.nz/environment/proposed-nps-for-natural-hazard-decision-making/

9. At its business meeting on 18 October 2023, the Kaipātiki Local Board received a report on Kaipātiki Local Board feedback on the proposed National Policy Statement for Natural Hazard Decision-making.

10. At this meeting Member Janet Tupou and Member Erica Hannam were delegated the authority for preparing local board feedback on the proposed National Policy Statement for Natural Hazard Decision-making (resolution number KT/2023/193), noting that:

a) provide feedback to be appended to Auckland Council’s submission on the proposed National Policy Statement for Natural Hazard Decision-making.

b) delegate Members Janet Tupou and Erica Hannam the responsibility of preparing and submitting local board feedback on the proposed National Policy Statement for Natural Hazard Decision-making, noting that:

i) feedback received by Friday 10 November will be appended to council’s submission;

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

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

11. The feedback submitted on behalf of the Kaipātiki Local Board is provided in Attachment A of this agenda report.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a) note the feedback on the proposed National Policy Statement for Natural Hazard Decision-making as provided in Attachment A to this agenda report.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	29 November 2023 - Kaipātiki Local Board business meeting - Proposed National Policy Statement for Natural Hazard Decision Making - KLB feedback	23

Ngā kaihaina

Signatories

Authors	Jacinda Gweshe - Democracy Advisor
Authorisers	Trina Thompson - Local Area Manager

Exclusion of the Public: Local Government Official Information and Meetings Act 1987