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Māngere-Ōtāhuhu Local Board
17 April 2024
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1 Nau mai | Welcome
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
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That the Māngere-Ōtāhuhu Local Board:
a)
whakaū / confirm the ordinary minutes of
its meeting, held on Wednesday, 20 March 2024, including the confidential
section, as a true and correct record.
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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
The Board
congratulates the Tūpuna Maunga Authority, who have been awarded the
Recreation Aotearoa Whāiao Māori – Māori Outcomes Award
2024, for the Whānau Ātea at Te Pane o Mataoho / Te Ara Pueru /
Māngere Mountain.
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
Māngere-Ōtāhuhu 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.
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8.1 Deputation
- Mapu Maia Pacifica Health Services
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Te take mō te pūrongo
Purpose of the report
1. Anthony Leaupepe and Efarina Sititi from Mapu Maia, a Pacifica
NGO, will be in attendance to share the work they do and services they
provide in the community.
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Ngā tūtohunga
Recommendation/s
That the Māngere-Ōtāhuhu Local Board:
a) whakamihi
/ thank Anthony Leaupepe and Efarina Sititi for their attendance and
presentation.
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8.2 Deputation
- Pacific Boxing Academy
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Te take mō te pūrongo
Purpose of the report
1. Jeff Elia, founder of the Pacific Boxing Academy,
will be in attendance to talk about setting up a boxing centre in the local
board area.
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Ngā tūtohunga
Recommendation/s
That the Māngere-Ōtāhuhu Local Board:
a) whakamihi
/ thank Jeff Elia for his attendance and presentation.
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8.3 Deputation
- LIA Social Solutions
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Te take mō te pūrongo
Purpose of the report
1. Stuart Ramsay, CEO of LIA
Social Solutions will be in attendance to update the Board about the
organisation and its work, which is a requirement of the leasing/tenancy
agreements with Council.
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Ngā tūtohunga
Recommendation/s
That the Māngere-Ōtāhuhu Local Board:
a) whakamihi
/ thank Stuart Ramsay for his
attendance and presentation.
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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.
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9.1 Louisa
Lavakula - Niuean Returned Servicemen Association
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Te take mō te pūrongo
Purpose of the report
1. Louisa
Lavakula will be in attendance to talk about plans for a Niuean Returned
Servicemen memorial.
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Ngā tūtohunga
Recommendation/s
That the Māngere-Ōtāhuhu Local Board:
a) whakamihi
/ thank Louisa Lavakula for her attendance and public forum presentation.
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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.”
Governing Body member Update
File No.: CP2024/00243
Te take mō te
pūrongo
Purpose of the report
1. A period of time (10 minutes) has been set aside for the Manukau
Ward Councillors to have an opportunity to update the Māngere-Ōtāhuhu Local Board on regional matters.
Ngā tūtohunga
Recommendation/s
That the Māngere-Ōtāhuhu Local Board:
a) whiwhi
/ receive the verbal reports from the Manukau Ward
Councillors.
Ngā tāpirihanga
Attachments
There are no
attachments for this report.
Ngā kaihaina
Signatories
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Author
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Jacqueline Robinson - Democracy
Advisor
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Māngere-Ōtāhuhu Local Board
17 April 2024
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Review
of the allocation table recording the allocation of decision-making
responsibility for non-regulatory activities
File No.: CP2024/04202
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 Māngere-Ōtāhuhu 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
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Type of decision
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Current decision-maker
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Basis for decision-making
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Current constraints / process
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Acquisition
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Acquisition of local community assets (e.g. local parks, local
community facilities)
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Local boards
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Allocation
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Subject to budget parameters agreed with Governing Body
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Acquisition of regional assets (e.g. stormwater assets, regional
parks, regional facilities)
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Governing Body
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Allocation
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Decisions made by relevant committee (as per GB terms of
reference)
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Disposal
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Disposal as part of land exchange
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Needs to be clarified
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Disposal of service properties
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Local boards
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Delegation (from GB – statutory responsibility)
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Service property optimisation framework
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Disposal of non-service properties
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Governing Body
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Statutory responsibility
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Asset recycling programme
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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
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Main
risks
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Consequence
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Likelihood
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Comments
and risks management strategies
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Delay
in adoption of the refreshed allocation table
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Medium
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Low
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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.
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Local
boards are not satisfied with the scope of their decision-making powers
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Medium
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Medium
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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.
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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
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No.
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Title
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Page
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a⇩
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Decision-making responsibilities of
Auckland Council's Governing Body and local boards
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25
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Ngā kaihaina
Signatories
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Author
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Christie McFadyen – Principal Advisor - Governance
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Authorisers
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Louise Mason - General Manager Local
Board Services
Victoria Villaraza - Local Area
Manager
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