Agenda of Ōtara-Papatoetoe Local Board

1 Nau mai | Welcome

Mr Smith will lead the meeting in prayer – or whatever set text we decide will appear here.

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.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Ōtara-Papatoetoe Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 19 March 2024, including the confidential section, as a true and correct record.

5 He Tamōtanga Motuhake | Leave of Absence

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

6 Te Mihi | Acknowledgements

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Ōtara-Papatoetoe 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 - Otara Skatepark

Te take mō te pūrongo

Purpose of the report

1. Aaron Martin, President of the East Skate Club Inc / Sonsk8 Indoor Skatepark, would be in attendance to speak in relation with Otara Skatepark. He wants to put a proposal to implement a few additional low-cost features and tweaks at the Otara Skate Park project.

2. He also wants to discuss the Allenby Bowl upgrade and how just resurfacing will not revitalise this community asset and a more thorough redevelopment by specialists should be undertaken.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakamihi / will thank Aaron Martin, President of the East Skate Club Inc / Sonsk8 Indoor Skatepark for his deputation and attendance.

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.”

Ōtara-Papatoetoe Local Board

16 April 2024

Review of the allocation table recording the allocation of decision-making responsibility for non-regulatory activities

File No.: CP2024/04114

Te take mō te pūrongo

Purpose of the report

1. To seek local board input into the current review of the allocation table, which records the allocation of decision-making responsibility for non-regulatory activities.

Whakarāpopototanga matua

Executive summary

2. The “Decision-making responsibilities of Auckland Council’s Governing Body and local boards” document (Attachment A) records the allocation of decision-making responsibilities for the non-regulatory activities of Auckland Council, as determined by the Governing Body. This document is also sometimes referred to as the “allocation table”.

3. The allocation table is being routinely reviewed as part of the Long-term Plan 2024-2034 process. In 2022, the allocation table was substantially reviewed to give local boards increased decision-making powers.

4. There does not appear to be any need for substantive changes to the allocation table at this time. Feedback suggests that some parts of the current allocations are not clear, and minor amendments can be made to support a better understanding of the respective governance roles and responsibilities between the Governing Body and local boards.

5. However, there is work needed on implementation actions to support the organisation to give better effect to the shared governance model. This is being advanced through the Joint Governance Working Party’s (JGWP) enquiry into the Mayor’s proposal for more empowered local boards.

6. Local boards are being asked to provide feedback on the review of the allocation table that will go to the Governing Body for consideration, prior to being adopted for inclusion in the Long-term Plan 2024-2034.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) whakarite / provide its input into the current review of the allocation table, recording the allocation of decision-making responsibility for non-regulatory activities.

Horopaki

Context

7. The Local Government (Auckland Council) Act 2009 (LGACA) provides that both the Governing Body and local boards are responsible and democratically accountable for the decision-making of Auckland Council, and that where responsibility rests depends on the nature of the decision being made.

8. Section 15 of LGACA sets out the classes of decisions that the Governing Body make, and section 16 sets out the classes of decisions that local boards make. Both sections include a class of decisions in respect of non-regulatory activities of the council. LGACA requires that the Governing Body allocate decision-making responsibility for these non-regulatory decisions to either itself or local boards in accordance with the principles set out in section 17.

9. The “Decision-making responsibilities of Auckland Council’s Governing Body and local boards” (also known as the “allocation table”) records the allocation of decision-making responsibilities for the non-regulatory activities of Auckland Council, as determined by the Governing Body. The allocation table is included in the long-term plan and each year’s annual plan. The current allocation table is attached at Attachment A.

10. The overarching intent of the document is to empower local boards to make decisions that reflect the needs and preferences of diverse local communities while ensuring that the Governing Body is able to fulfil its statutory decision-making responsibilities and make decisions regionally, where to do so will better promote the well-being of communities across Auckland.

11. The allocation table is not intended to be an exhaustive list of all allocated decision-making because of the broad range of Auckland Council’s activities and the nuances within those. Allocation of decision-making is therefore applied on a case-by-case basis, with the allocation table used as a starting point.

12. The allocation table was last reviewed in 2022 where substantial updates were made to provide local boards with increased decision-making powers, in alignment with the Governance Framework Review work.

13. The allocation table is routinely reviewed as part of every long-term plan process and included in the final long-term plan. However, changes to decision-making responsibilities can be made at any time via a new allocation decision (by the Governing Body) or a delegation.

Empowering Local Boards

14. Consequently, allocated decision-making will continue to be considered in the context of the “More Empowered Local Boards” workstream, which is being led by the Joint Governance Working Party (JGWP) and reported recently to local boards. This recognises that empowerment includes allocated decision-making, but that there are other levers to consider, including:

· delegated and statutory decision-making powers

· how well information and advice enable governors to utilise their powers

· the skills and knowledge staff need to give effect to the governance model

· whether updates are required to other policies, systems and processes to reflect more empowered local boards.

15. Local boards resolved their feedback related to empowerment at their March business meetings and this will be reported to the JGWP’s 6 May meeting. Feedback related to the allocation of decision-making responsibility will be considered within the scope of this current review.

Tātaritanga me ngā tohutohu

Analysis and advice

16. Informal feedback on the current allocation table from elected members and relevant business units was used to identify the scope of the review. Feedback suggests that the allocation table is still leading to confusion around governance roles and responsibilities. In practice many activities require both regional and local decisions, and there is actual and perceived complexity in giving effect to allocated decision-making.

17. Aside from an anomaly related to disposal decisions, the current review does not recommend any substantive changes to decision-making allocation. Some amendments are proposed to the text to help aid interpretation and flow. These include:

· refining the introductory text

· minor wording amendments to help make more explicit the governance roles and responsibilities

· closely aligning activity descriptions to the Groups of Activities in the long-term plan.

18. A key focus is on implementing the allocation table to help the organisation give better effect to allocated decision-making in practice. This includes:

· reviewing other relevant documents that may require updates

· considering training and guidance needs for staff

· awareness raising through communications and engagement.

19. Local board delegations are also scheduled to be reviewed separately.

Further consideration is required for some parks disposals

20. An issue has been raised with decision-making around some parks disposals. Table 1 shows the current position in terms of decision-making around different types of parks-related decisions.

Table 1: Decision-making responsibility for asset acquisitions and disposals

Type of decision	Current decision-maker	Basis for decision-making	Current constraints / process
Acquisition
Acquisition of local community assets (e.g. local parks, local community facilities)	Local boards	Allocation	Subject to budget parameters agreed with Governing Body
Acquisition of regional assets (e.g. stormwater assets, regional parks, regional facilities)	Governing Body	Allocation	Decisions made by relevant committee (as per GB terms of reference)
Disposal
Disposal as part of land exchange	Needs to be clarified
Disposal of service properties	Local boards	Delegation (from GB – statutory responsibility)	Service property optimisation framework
Disposal of non-service properties	Governing Body	Statutory responsibility	Asset recycling programme

21. The report to the Governing Body in 2021 [GB/2021/67] provided the policy intent of the changes to the current allocation table which was to allow local boards to make decisions relating to acquisition of new assets.

22. Historically, disposal decisions have been treated as sitting with the Governing Body (as a statutory responsibility). But this is difficult in practice where local boards make acquisition decisions as part of a land exchange, but not the related disposal decision.

23. Work is underway to consider whether, from a policy perspective, local boards should be able to make both the acquisition and disposal decision as part of land exchanges, and whether this should be allocated or delegated.

Clarifying decision-making over stormwater activities in relation to local parks activities

24. Current landowner approvals processes for council-led stormwater activities do not align with the existing allocation table and the LGACA. This has contributed to inefficiencies where a part of council wants to undertake a stormwater activity on council land.

25. Council’s stormwater, flood resilience and water quality activities are generally regional in nature. As per the current allocation table, decision-making for all these activities sits with the Governing Body to ensure a coordinated, consistent approach across the network and integration with other regulatory related decisions. This position remains the same regardless of how the land is held – whether as a regional or local asset.

26. Under the allocation table, local boards are allocated decision-making responsibilities for local parks. Staff are not proposing any changes to the allocated responsibilities of local boards and consider that the explanatory note in the allocation table adequately explains how the overlap in responsibilities will be managed. This states “[t]he decision-making of local boards in relation to local parks may be constrained where decisions relate to council stormwater management activities, including the stormwater network”.

27. Under the local board delegation protocols, Land Advisory staff have been delegated responsibility for land use consents. Staff have interpreted this mandate to be broad, because of the broad responsibilities of local boards for determining ‘use of and activities within local parks’. The delegation protocols require that staff consult with local boards before making these decisions and refer the matter to them if the local board calls the delegation in as the “landowner”.

28. However, this is contrary to the LGACA, where decision-making responsibilities are allocated for particular activities (as opposed to categories of land) and the land remains owned by Auckland Council.

29. Therefore, in line with the allocation table, Healthy Waters, instead of Land Advisory, will now seek the views of local boards before taking a decision on whether to proceed with the proposed stormwater works. The experience of local boards should not be different to consultations over landowner approval applications. The only difference will be the local board’s ability to ‘call in’ a decision.

30. This revised process is consistent with the allocation of decision-making responsibility for stormwater activities to the Governing Body (and Healthy Waters under delegation).

31. When a stormwater activity is proposed to occur on a local park, staff will carefully consider the views and preferences of local boards and will be mindful of other local activities on parks when making decisions, consistent with the process previously undertaken by Land Advisory. Similarly, there is still potential for escalation of decision-making where the proposal is not supported by the relevant local board. Diagram 1 outlines this process.

Diagram 1: Decision-making process for stormwater activities

32. Staff recommend that this process be reviewed with local boards in six months’ time. Any issues arising will be considered through the next annual review of the allocation table or, through the local board delegation protocols which are due to be reviewed later this year.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. There are no climate impacts associated with local boards providing their feedback.

34. Climate impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. Feedback was sought from relevant business units who give effect to the allocation of non-regulatory activities through provision of advice.

36. Key themes from their feedback are as follows:

· The need to be more explicit on the extent of the local board / Governing Body role, where there are overlaps and limitations are not made clear.

· Some activities could be further specified e.g. priority locations for development, place-shaping vs place-making etc.

· Work to ensure staff understand where decision-making responsibility sits, and how best to give effect to the shared governance principles in practice.

· More guidance and definitions would help to understand the nature of decision-making.

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

Local impacts and local board views

37. Local board views are being sought through this report.

38. Local impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Tauākī whakaaweawe Māori

Māori impact statement

39. There are no Māori impacts associated with local boards providing their feedback.

40. Māori impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā ritenga ā-pūtea

Financial implications

41. There are no financial implications associated with local boards providing their feedback.

42. Financial implications for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43. There are limited risks associated with local boards providing their feedback. The main risks are outlined in Table 2 below.

Table 2: Risk identification and mitigation

Main risks	Consequence	Likelihood	Comments and risks management strategies
Delay in adoption of the refreshed allocation table	Medium	Low	The allocation table must be adopted by the Governing Body by the end of May to meet the LTP timeframes. Careful project management is in place to ensure milestones are met.
Local boards are not satisfied with the scope of their decision-making powers	Medium	Medium	Local board views will continue to be considered as part of the “Empowering Local Boards” workstream. A range of levers will be considered as to how to empower local boards. This includes, but is not limited to, allocated decision-making.

Ngā koringa ā-muri

Next steps

44. Local board feedback will be assessed to inform final recommendations on the review of the allocation table.

45. All feedback will be reported to the Governing Body for their consideration, before the Governing Body is asked to adopt the refreshed allocation table at their meeting on 30 May.

46. The allocation table will be included in volume two of the Long-term Plan 2024-2034.

47. Staff will implement activities that support the organisation to give effect to the allocation table. These activities include developing guidance, considering learning and development needs, and outreach to relevant business units via communications and engagement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Decision-making responsibilities of Auckland Council's Governing Body and local boards	23

Ngā kaihaina

Signatories

Authors

Christie McFadyen - Senior Local Board Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Victoria Villaraza - Local Area Manager

Ōtara-Papatoetoe Local Board

16 April 2024

Approval for new public road names at 30 Hospital Road, Papatoetoe

File No.: CP2024/04184

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Ōtara-Papatoetoe Local Board to name two new public roads, created by way of a subdivision development at 30 Hospital Road, Papatoetoe.

Whakarāpopototanga matua

Executive summary

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

3. The developer and applicant, 30 Hospital Road Limited Partnership, has proposed the names presented below for consideration by the local board.

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

5. The proposed names for the new public roads at 30 Hospital Road, Papatoetoe are:

1.	2. Applicant’s Preference	3. Alternatives
4. Road 1	5. Ahunui Road	6. Okeroa Road
7. Road 2	Te Aroha Street	8. Te Kauere Street

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) approve the following names for the two new public roads created by way of subdivision undertaken by 30 Hospital Road Limited Partnerhip at 30 Hospital Road, Papatoetoe, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent reference SUB60386380-A, road naming reference RDN90114556).

i. Ahunui Road (Road 1)

ii. Te Aroha Street (Road 2)

Horopaki

Context

6. Resource consent reference (subdivision reference number SUB60386380-A) was issued in October 2022 for the creation of six superlots and two roads to be vested in Auckland Council.

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

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

9. In this development, the public roads therefore need to be named. The roads that require a name are highlighted in yellow in Attachment A.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

· a particular landscape, environmental or biodiversity theme or feature; or

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

12. Theme: the names reflect a cultural link to the locality, or honours James Brown who was heavily involved in securing the site for the development:

Proposed name

Meaning (as described by applicant)

Road 1

Ahunui Road

(applicant’s preference and preference for Ngāi Tai Ki Tāmaki)

This name is to honour James Brown, the late Managing Director for Ngāi Tai Whenua, who was the primary negotiator in respect this development and is translated in this context as meaning industrious and hardworking.

Gifted from Ngāi Tai Ki Tāmaki

Okeroa Road

(alternative)

Implies perseverance and is a direct reference to James’ mother, Whaea Molly Okeroa Brown.

Gifted from Ngāi Tai Ki Tāmaki

Road 2

Te Aroha Street

(applicant’s preference and preference for Ngāi Tai Ki Tāmaki)

Te Aroha is the birth name of James Brown, the late Managing Director for Ngāi Tai Whenua, who was the primary negotiator in respect this development.

Gifted from Ngāi Tai Ki Tāmaki

Te Kauere Street

(alternative)

This is the Ngāi Tai Ki Tāmaki dialect word for puriri tree. The puriri tree is sacred to Ngāi Tai Ki Tāmaki and was used to store treasures. This superlot signifies the building of the treasure or asset base of Ngāi Tai Ki Tāmaki.

Gifted from Ngāi Tai Ki Tāmaki

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

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

15. Road Type: ‘Road’ and ‘Street’ are acceptable road types for the new public roads, suiting their form and layout.

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

21. James Brown, the late Managing Director for Ngāi Tai Whenua, negotiated this land for housing development on behalf of Ngāi Tai Ki Tāmaki and with the Ministry of Housing and Urban Development. The names proposed are a way of honouring James Brown, without whom this development would not have occurred. Ngāi Tai Ki Tāmaki have also indicated a preference for the names selected by the applicant.

22. On 18 March 2024 mana whenua were contacted by council on behalf of the applicant, through the Resource Consent department’s central facilitation process, as set out in the guidelines and in the usual manner. Unsurprisingly in this circumstance, no responses, comments, or feedback were received.

23. Having received the gifted names from Ngāi Tai Ki Tāmaki, the applicant now wishes to present those names for a decision from the local board.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	RDN90114556 30 Hospital Road, Papatoetoe - Roading Plan	35
b ⇩	RDN90114556 30 Hospital Road, Papatoetoe - Location Plan	37

Ngā kaihaina

Signatories

Authors

Amy Cao - Subdivision Advisor

Authorisers

David Snowdon - Team Leader Subdivision

Victoria Villaraza - Local Area Manager

Chairperson	Apulu Reece Autagavaia
Deputy Chairperson	Dr Ofa Dewes, MNZM
Members	Dr Ashraf Choudhary, QSO, JP
	Topou Folau
	Vi Hausia
	Li'amanaia Lorenzo Kaisara
	Albert Lim

No.	Title	Page
a ⇩	Workshop Notes - 26 March 2024	49
b ⇩	Workshop Notes - 2 April 2024	51
c ⇩	Workshop Notes - 9 April 2024	53

Authors	Darshita Shah - Democracy Advisor
Authorisers	Victoria Villaraza - Local Area Manager