
I hereby give notice that an ordinary meeting of the Whau Local Board will be held on:
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Date: Time: Meeting Room: Venue:
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Wednesday, 13 December 2023 1.00pm Whau Local
Board Office |
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Whau Local Board
OPEN AGENDA
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MEMBERSHIP
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Chairperson |
Kay Thomas |
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Deputy Chairperson |
Fasitua Amosa |
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Members |
Ross Clow |
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Catherine Farmer |
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Sarah Paterson-Hamlin |
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Warren Piper |
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Susan Zhu |
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(Quorum 4 members)
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Claire Bews Democracy Advisor
8 December 2023
Contact Telephone: 021 540 216 Email: claire.bews@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Whau Local Board 13 December 2023 |
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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
9 Te Matapaki Tūmatanui | Public Forum 5
10 Ngā Pakihi Autaia | Extraordinary Business 6
11 Ngā Pānui mō ngā Mōtini | Notices of Motion 6
12 Notice of Motion – Member Warren Piper – Ring-fencing sale proceeds 7
13 Whau Ward Councillor's update 13
14 Local Board Transport Capital Fund 21
15 Proposed Sale of 10 Fremlin Place, Avondale 23
16 Chair's Report - Kay Thomas 29
17 Hōtaka Kaupapa / Governance Forward Work Programme 33
18 Whau Local Board Workshop Records 37
19 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
PUBLIC EXCLUDED
20 Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public 47
14 Local Board Transport Capital Fund
a. Auckland Transport Local Board Transport Capital Fund report - December 2023 update 47
1 Nau mai | Welcome
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.
Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.
The following are declared interests of elected members of the Whau Local Board:
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Member |
Organisation |
Position |
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Kay Thomas |
· New Lynn Citizens Advice Bureau · Western Quilters ·
Citizens Advice Bureau · Literacy Waitākere · West Auckland Heritage Conference · Whau Wildlink Network |
Volunteer
Member Chair
Board member Committee member
Member |
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Fasitua Amosa |
· Equity NZ · Massive Theatre Company · Avondale Business Association |
Vice President Board member A family member is the Chair |
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Ross Clow
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· Portage Licensing Trust · Te Whau Coastal Walkway Environmental Trust · Bay Olympic Sports Club · Forest and Bird Society · Waitākere Ranges Protection Society · New Lynn Heritage Protection Society · Trust Community foundation Limited · Karekare Surf Lifesaving Club · Libraries |
Trustee Patron Life Member Member Member
Trustee Member A family member is a Librarian |
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Catherine Farmer |
· Avondale-Waterview Historical Society · Blockhouse Bay Historical Society · Blockhouse Bay Bowls · Forest and Bird organisation · Grey Power |
Member
Patron Member Member |
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Sarah Paterson-Hamlin |
· New Zealand Down Syndrome Association |
Employee |
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Warren Piper |
· New Lynn RSA · New Lynn Business Association |
Associate member Member |
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Susan Zhu |
· Chinese Women Association of New Zealand · Chinese Medicine Council of New Zealand |
Member / Legal
Advisor Member / Deputy Chair |
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External Organisations |
Lead |
Alternate |
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The Avondale Business Association |
Kay Thomas |
Ross Clow |
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The Blockhouse Bay Business Association |
Warren Piper |
Sarah Paterson-Hamlin |
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The New Lynn Business Association |
Warren Piper |
Kay Thomas |
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The Rosebank Business Association |
Warren Piper |
Fasitua Amosa |
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The Whau Coastal Walkway Environmental Trust |
Ross Clow |
Sarah Paterson-Hamlin |
4 Te Whakaū i ngā Āmiki | Confirmation of Minutes
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That the Whau Local Board: a) whakaū / confirm the ordinary minutes of its meeting, held on Wednesday, 22 November 2023, and the extraordinary minutes of its meeting, held on Wednesday, 29 November 2023, as true and correct.
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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 Whau Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.
At the close of the agenda no requests for deputations had been received.
9 Te Matapaki Tūmatanui | Public Forum
A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of three minutes per speaker is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been received.
10 Ngā Pakihi Autaia | Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
11 Ngā Pānui mō ngā Mōtini | Notices of Motion
Under Standing Order 2.5.1 (LBS 3.11.1) or Standing Order 1.9.1 (LBS 3.10.17) a Notice of Motion has been received from Member Warren Piper, and seconded by Chair K Thomas for consideration under item 12.
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Whau Local Board 13 December 2023 |
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Notice of Motion – Member Warren Piper – Ring-fencing sale proceeds
File No.: CP2023/19397
Whakarāpopototanga matua
Executive summary
1. Member Warren Piper has given notice of a motion that he wishes to propose.
2. The notice, signed by Member Warren Piper and Chair K Thomas as seconder, is appended as Attachment A, with supporting information.
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Recommendation/s That the Whau Local Board: a) tono / request a review of and change in policies by Governing Body relating to the divestment of non-service properties so that local boards can retain funds from high-value property divestments to meet the needs of population growth and intensification. b) tuhi ā-taipitopito / note the strategic importance of the New Lynn Urban Plan in fulfilling growth strategies and enhancing the vibrancy and connectivity of the New Lynn area, as outlined in the plan's vision for 2030 and request the adoption and/or further implementation of this plan by Auckland Council. c) tuhi ā-taipitopito / note Whau Local Board Resolution (WH/2022/62) passed on 22 June 2022, Notice of motion around the New Lynn Urban Plan. d) tuhi ā-taipitopito / note the sale of 10-22 Totara Ave, New Lynn (Merchant Quarter site C) to Kainga Ora in 2021, where the sale proceeds were not reinvested locally, instead placed in the consolidated fund. e) tuhi ā-taipitopito / note the community benefits realised by the ring fencing of sale proceeds of the Avondale Community Centre & Library at 99 Rosebank Road, Avondale. f) tono / request that the Governing Body: i) tuhi ā-taipitopito / note the geographical and strategic significance of New Lynn as a metropolitan centre, acting as a vital link in Auckland's urban planning and growth. ii) whakaae / approve ring-fencing the sale proceeds of 41 McCrae Way, New Lynn (Merchant Quarter site D) exclusively for the continuation of the New Lynn Urban Plan precinct redevelopment.
g) tono / request that this Notice of Motion be forward to the Mayor, all Councillors, and the Board of Auckland Transport for their information.
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Attachments
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No. |
Title |
Page |
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a⇩ |
Notice of Motion – Member Warren Piper – Ring-fencing sale proceeds |
9 |
Ngā kaihaina
Signatories
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Authors |
Claire Bews - Democracy Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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13 December 2023 |
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File No.: CP2023/19395
Te take mō te pūrongo
Purpose of the report
1. To receive an update from Whau Ward Councillor, Kerrin Leoni.
2. A
period of 10 minutes has been set aside for the Whau Ward Councillor to have an
opportunity to update the Whau Local Board on regional matters.
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Recommendation That the Whau Local Board: a) whiwhi / receive the report and thank Whau Ward Councillor Kerrin Leoni, for her update.
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Attachments
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No. |
Title |
Page |
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a⇩ |
Whau Ward Councillor Kerrin Leoni - December Report |
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Ngā kaihaina
Signatories
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Authors |
Claire Bews - Democracy Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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13 December 2023 |
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Local Board Transport Capital Fund
File No.: CP2023/19323
Te take mō te pūrongo
Purpose of the report
1. To allocate the remaining amounts of the 2022-2025 Local Board Transport Capital Fund.
Whakarāpopototanga matua
Executive summary
2. Auckland Transport manages the Local Board Transport Capital Fund on behalf of the Whau Local Board.
3. A decision relating to the allocation of the 2022-2025 Local Board Transport Capital Fund was sought at the October 2023 Whau Local Board business meeting.
4. On 25 October 2023, the Whau Local Board resolved (resolution number WH/2023/138) as follows:
That the Whau Local Board:
a) tohaina / allocate the 2022-2025 Local Board Transport Capital Fund as follows:
i) $250,000 to complete a raised pedestrian crossing on Hepburn Road
ii) $265,000 to complete safety improvements on South Lynn Road.
b) whakaae / approve in principle the allocation of $375,000 to complete a raised pedestrian crossing on St Georges Road but would like to request a costing breakdown as pricing for this raised pedestrian crossing differs significantly from what has been previous quoted.
c) whakatārewa / defer the decision to allocate the remaining $492,000 of the Whau Local Board Transport Capital Fund after additional information and advice with detailed costing breakdowns is provided to the local board (noting its interest in any ability to improve pedestrian safety at both schools) specifically:
i) potential options for pedestrian improvement for Rosebank Road/Rosebank School.
ii) other discussed options for Godley Road/Green Bay Primary School, such as the removal of the parking bays.
d) whakatārewa / defer the decision to confirm remaining 2022-2025 Local Board Transport Capital Fund priorities should funds become available.
5. Auckland Transport has provided further advice in response of the 25 October 2023 resolutions, as noted in the attached Auckland Transport Local Board Capital Fund Transport report (Attachment A); due to commercial sensitivities the attachment is under separate cover as confidential.
Recommendation/s
That the Whau Local Board:
a) allocate the 2022-2025 Local Board Transport Capital Fund and confirm its priorities should future funding become available.
Attachments
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No. |
Title |
Page |
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a⇩ |
Auckland Transport Local Board Transport Capital Fund report - December 2023 update (Under Separate Cover) - Confidential |
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Ngā kaihaina
Signatories
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Authors |
Brenda Tang - Senior Local Board Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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Whau Local Board 13 December 2023 |
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Proposed Sale of 10 Fremlin Place, Avondale
File No.: CP2023/15846
Te take mō te pūrongo
Purpose of the report
1. To endorse the proposed disposal of 10 Fremlin Place, Avondale.
Whakarāpopototanga matua
Executive summary
2. 10 Fremlin Place is an asset of the Leys Institute Trust (the Trust). Eke Panuku manages the property on behalf of Te Kaunihera o Tāmaki Makaurau / Auckland Council and the Trust.
3. The Leys Institute’s heritage buildings in Ponsonby require significant restoration and seismic upgrades following the closure of the Leys Institute in December 2019 due to safety risks.
4. The sale proceeds of 10 Fremlin Place is proposed to support the restoration of the Leys Institute in Ponsonby.
5. In September 2023, a memorandum regarding the proposed sale of the property was circulated across the council group including all council-controlled organisations (CCOs). No issues were raised regarding the proposed disposal.
6. 10 Fremlin Place is located within Te Poari ā-Rohe o Whau / Whau local board area. Accordingly, the views of the board are being sought regarding the proposed disposal.
7. Eke Panuku and council’s Service Investment and Programming team intend to recommend the disposal of 10 Fremlin Place, Avondale to the Revenue, Expenditure and Value Committee in February 2024.
Recommendation/s
That the Whau Local Board:
a) endorse the disposal of 10 Fremlin Place, Avondale
b) note the sales proceeds will be utilised to fund the seismic remediation and heritage restoration of the current Leys Institute whare.
Horopaki
Context
8. 10 Fremlin Place, Avondale (refer Image 1 and Image 2) is owned by the Leys Trust.
9. The Leys Trust was established by will and gift from members of the Leys whānau. The trust comprises of property willed and gifted to council firstly for the establishment of the Leys Institute (20 St Marys Road, St Marys Bay) and library itself and secondly investment property to provide an income to tautoko (support) the running and maintenance of the Leys Institute.
10. 10 Fremlin Place was acquired in 1999 by council on behalf of the Trust, as a replacement property for other underperforming Trust assets. The property was purchased using the proceeds from the sale of Trust property at 97-101 Ponsonby Road, Freeman’s Bay in 1997. 10 Fremlin Place was acquired for the purpose of generating rental income to support the running of the Leys Institute.
11. Due to the nature of the original endowment, land and buildings must be used to deliver library services in perpetuity. The sale of trust properties will allow library services to again be offered from the Leys Institute.
12. As 10 Fremlin Place was purchased using assets from the Trust, any disposal of all or part of the property must be in accordance with the requirements of sections 140 and 141 of the Local Government Act 2002. Any proceeds of sale from 10 Fremlin Place must be used for the support of the Leys Institute.
Image 1: Geospatial arial image of 10 Fremlin Place, Avondale. Subject site is outlined in blue

Image 2: Google Street view of 10 Fremlin Place, Avondale

Tātaritanga me ngā tohutohu
Analysis and advice
Leys Institute Library and Gymnasium
13. The Leys Library and Gymnasium (The Leys Institute) buildings at 20 Saint Marys Road, Ponsonby are scheduled in the Auckland Unitary Plan as Category A and listed as Historic Place Category 1 by Heritage New Zealand. The original Leys Institute trust deed outlines that the facility must be maintained for its original purpose, as a library, in perpetuity.
14. The Leys Institute buildings have been assessed as being five percent of New Building Standard and are considered earthquake prone. Due to the risk, the Leys Institute has been closed since December 2019.
15. The restoration of Leys Institute is a priority for Te Poari ā-Rohe o Waitematā / Waitematā Local Board. In September 2020 the board endorsed the key findings from an indicative business case, including that there is a requirement to operate the Leys Institute as a library in perpetuity, to protect the building given its heritage status, and to undertake works to seismically strengthen the building.
16. To achieve this, Te Poari ā-Rohe o Waitematā also resolved to endorse the development of a detailed business case for the restoration, modernisation, and seismic remediation of the Leys Institute that would include the use of service property optimisation and ring-fenced council funding.
17. The proposed disposal of 10 Fremlin Place provides an opportunity to support the seismic remediation and heritage restoration of the Leys Institute buildings.
Property information – 10 Fremlin Place, Avondale
18. The property is a 1147m2 parcel of land, legally described as Lot 10 DP 70343.
19. The property is currently managed by Eke Panuku on behalf of the council and the Trust. It is subject to a commercial lease which is due to expire in July 2024.
20. Legal advice provided by Simpson Grierson in 2020 stated that 10 Fremlin Place may be sold and the sales proceeds utilised to fund the seismic remediation and heritage restoration of the current Leys Institute building.
21. The Auckland Unitary Plan (AUP) zoning is Business - Town Centre. The council 2023/24 rating valuation is $2,375,000.
22. The property was not acquired under the Public Works Act 1981 and accordingly is not subject to offer back obligations in accordance with s40 Public Works Act 1981.
Tauākī whakaaweawe āhuarangi
Climate impact statement
23. The proposed sale of 10 Fremlin Place may lead to land use changes. It is acknowledged that any form of construction and development can increase carbon emissions.
24. The property is not in a flood prone area and is not likely to be impacted by coastal inundation.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
25. In September 2023, a memorandum regarding the proposed sale of 10 Fremlin Place, Avondale was circulated across the council group including all CCOs. No issues were raised regarding the proposed disposal.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
26. 10 Fremlin Place is an asset of the Trust and was acquired to generate rental income to support the purposes of the Leys Institute, which is located within Te Poari ā-Rohe o Waitematā area. Given 10 Fremlin Place is located within Te Poari ā-Rohe o Whau, the views of the board are being sought regarding the proposed disposal.
27. In October 2023, Eke Panuku and council’s Service Investment and Programming team provided the Whau Local Board with an information memorandum regarding 10 Fremlin Place.
28. This report provides the board with an opportunity to formalise its updated views regarding the proposed disposal and will be incorporated into the report to the Revenue, Expenditure and Value Committee.
Tauākī whakaaweawe Māori
Māori impact statement
29. Nineteen mana whenua iwi authorities were consulted regarding any issues of cultural significance associated with 10 Fremlin Place. No issues of cultural significance were received in response.
Ngā ritenga ā-pūtea
Financial implications
30. As the property was purchased using assets from the Leys Institute Trust, the proceeds of sale from 10 Fremlin Place must be used for the support and extension of the Leys Institute.
31. Legal advice provided by Simpson Grierson in 2020 stated that 10 Fremlin Place may be sold and the sales proceeds utilised to fund the seismic remediation and/or heritage restoration of the current Leys Institute buildings.
32. The property is not a local service asset and the proceeds from the sale may only be used for the support and extension of the Leys Institute.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
33. No risks associated with the recommendations in this report have been identified.
Ngā koringa ā-muri
Next steps
34. Subject to receipt of the board’s resolution, Eke Panuku and council’s Service Investment and Programming team will recommend the sale of 10 Fremlin Place, Avondale to the Revenue, Expenditure and Value Committee in February 2024.
35. The terms and conditions of any disposal would be approved under appropriate financial
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
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Authors |
Matt Casey - Team Leader Portfolio Review Hannah Alleyne - Service & Asset Planning Team Leader |
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Authorisers |
Letitia Edwards - Head of Strategic Asset Optimisation - Eke Panuku Development Auckland Angela Clarke - Head of Service Investment & Programming Justine Haves - General Manager Regional Services & Strategy Marian Webb - General Manager Assets and Delivery, Eke Panuku Adam Milina - Local Area Manager |
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Whau Local Board 13 December 2023 |
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File No.: CP2023/15898
Te take mō te pūrongo / Purpose of the report
1. To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.
Whakarāpopototanga matua
Executive summary
2. Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.
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Ngā tūtohunga / Recommendation That the Whau Local Board: a) whiwhi / receive Chair Kay Thomas’ December 2023 report.
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Ngā tāpirihanga / Attachments
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No. |
Title |
Page |
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a⇩ |
Chair Kay Thomas - December 2023 Report |
31 |
Ngā kaihaina / Signatories
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Authors |
Claire Bews - Democracy Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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13 December 2023 |
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Hōtaka Kaupapa / Governance Forward Work Programme
File No.: CP2023/15899
Te take mō te pūrongo / Purpose of the report
1. To present the Whau Local Board Hōtaka Kaupapa / Governance Forward Work Programme calendar (the calendar).
Whakarāpopototanga matua / Executive summary
2. The calendar for the Whau Local Board is in Attachment A. The calendar is updated monthly and reported to business meetings.
3. The calendar is part of Auckland Council’s quality advice programme and aims to support local boards’ governance role by:
· ensuring advice on meeting agendas is driven by local board priorities
· clarifying what advice is expected and when
· clarifying the rationale for reports.
4. The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.
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Ngā tūtohunga / Recommendation/s That the Whau Local Board: a) whiwhi / receive the Hōtaka Kaupapa / Governance Forward Work Programme for December 2023. |
Ngā tāpirihanga / Attachments
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No. |
Title |
Page |
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a⇩ |
Whau Local Board Hōtaka Kaupapa / Governance Work Programme - December 2023 |
35 |
Ngā kaihaina / Signatories
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Authors |
Claire Bews - Democracy Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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Whau Local Board 13 December 2023 |
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Whau Local Board Workshop Records
File No.: CP2023/15900
Te take mō te pūrongo
Purpose of the report
1. To present records of workshops held by the Whau Local Board.
Whakarāpopototanga matua
Executive summary
2. Briefings provided at the workshops were as follows:
1. Auckland Transport Monthly Update
2. Auckland Transport Kelston – New Lynn Cycle way & Streets for People
3. Auckland Transport - Forward Works Programme
4. Whau Local Board Engagement Advisor Update
5. Whau Local board - Reduction of LDI funded library hours
6. Auckland Transport – Regional Land Transport Plan (RLTP)
1. Service Property Optimisation
2. Parks and Community Facilities Update / Parks & Places Update
2a. Community Facilities - Pou Rata Street Concept Design
3. Northwest Rapid Transit
4. Connected communities - Community Development, New Lynn Hub & Libraries Update
15 November 2023
1. LB Annual Planning workshop 3 - LTP recap and input on regional topics.
2. Whau Local and Multi-board grants
3. Kaiwhakaawe 2023-2024 work programme
22 November 2023
1. LB Annual Planning workshop 4 - Local Consultation Content
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Recommendation/s That the Whau Local Board: a) tuhi ā-taipitopito / note the records of the workshops held on 1, 8, 15 and 22 November 2023.
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Attachments
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No. |
Title |
Page |
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a⇩ |
Whau Local Board workshop records for 1, 8, 15 and 22 November 2023 |
39 |
Ngā kaihaina
Signatories
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Authors |
Claire Bews - Democracy Advisor |
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Authorisers |
Adam Milina - Local Area Manager |
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Whau Local Board 13 December 2023 |
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a) whakaae / agree to exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
14 Local Board Transport Capital Fund - Attachment a - Auckland Transport Local Board Transport Capital Fund report - December 2023 update
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Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
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The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. Reasoning for confidentiality is since this information isn’t usually shared externally due to procurement confidentiality with suppliers. |
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |