1 Nau mai | Welcome

Chairperson S Milne will welcome those present with a karakia.

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 Ōrākei Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 21 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 Ōrākei 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 - Ngāti Whātua Ōrākei - Sport, recreation and hauora centre

Te take mō te pūrongo

Purpose of the report

1. To provide an opportunity for individuals and groups to deliver a presentation to the board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. The following people will be in attendance: Chair Mārama Royal of Ngāti Whātua Ōrākei Trust Board, Daniel McLeod, Caroline Pihema, and Joseph Royal of Ngāti Whātua Ōrākei, and consultants Steve Bramley, Murali Bhaskar, and Sukhi Singh.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) receive the presentation on the proposal for a sport, recreation and hauora centre at a proposed Ōrākei Domain site and thank Chair Mārama Royal, other members of Ngāti Whātua Ōrākei and consultants for their attendance.

8.2 Deputation - Mike Leyland and Adrian Percival - Protecting the marine environment and grassroots boating at The Landing

Te take mō te pūrongo

Purpose of the report

1. To provide an opportunity for individuals and groups to deliver a presentation to the board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2. Mike Leyland and Adrian Percival will be in attendance presenting on protecting the marine environment and grassroots boating at The Landing, Ōkāhu Bay.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) receive the presentation on protecting the marine environment and grassroots boating at The Landing, Ōkāhu Bay and thank Mike Leyland and Adrian Percival for their attendance.

Attachments

a 18 April 2024, Ōrākei Local Board, Item 8.2, Deputation - Mike Leyland and Adrian Percival - Protecting the marine environment and grassroots boating at The Landing......................................... 99

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.”

Ōrākei Local Board

18 April 2024

Ōrākei Quick Response and Tree Protection Round One 2023/2024 grant allocations

File No.: CP2024/02763

Te take mō te pūrongo

Purpose of the report

1. To fund, part-fund or decline the applications received for Ōrākei Quick Response and Tree Protection round one 2023/2024.

Whakarāpopototanga matua

Executive summary

2. This report presents applications received in the Ōrākei Quick Response and Tree Protection round one 2023/2024 (Attachment A).

3. The Ōrākei Local Board adopted the Ōrākei Local Board Community Grant Programme 2023/2024 on 20 July 2023. The document sets application guidelines for contestable grants (Attachment B).

4. The local board has set a total community grants budget of $180,000.00 for the 2023/2024 financial year.

5. Seven applications have been received for the Ōrākei Quick Response round one 2023/2024, requesting a total of $17,633.00.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) agree to fund, part-fund or decline each application received in the Ōrākei Quick Response and Tree Protection round one, listed in the following table:

Table One: the Ōrākei Quick Response and Tree Protection round one 2023/2024 grant applications

Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
QRTP2412-106	Martin Heffer	Environment	Towards the cost of a pole saw and a garden cart for the Selwyn bush restoration	$988.00	Eligible
QRTP2412-104	Meadowbank Community Toy library	Community	Towards the cost of six months rent at 38 St John Road, Meadowbank	$1,575.00	Eligible
QRTP2412-109	Mission Bay Business Association Incorporated	Community	Towards the cost of an AED	$3,000.00	Eligible
QRTP2412-110	Nga Kaitiaki Hapori o Pourewa The Community Guardians of Pourewa	Environmental	Towards the cost of plants for the Pourewa Valley restoration project	$3,570.00	Eligible
QRTP2412-103	Remuera Chinese Association Incorporated	Community	Towards the cost of venue hire at St Aidans Anglican Church	$3,000.00	Eligible
QRTP2412-108	St Heliers Community Centre Limited	Community	Towards the cost of six $50.00 Prezzy cards, face painting, ukulele entertainment, decorations, cleaning costs, and venue hire	$1,500.00	Eligible
QRTP2412-107	The Scout Association of New Zealand - Orakei	Community	Towards the cost of conversion of rib to hydraulic, outdoor lights, six noticeboards, and a wifi weather station	$4,000.00	Eligible
Total				$17,633.00

Horopaki

Context

6. The local board allocates grants to groups and organisations delivering projects, activities and services that benefit Aucklanders and contribute to the vision of being a world class city.

7. Auckland Council Community Grants Policy supports each local board to adopt a grants programme.

8. The local board grants programme sets out:

· local board priorities

· lower priorities for funding

· higher priorities for funding

· exclusions

· grant types, the number of grant rounds and when these will open and close

· any additional accountability requirements.

9. The Ōrākei Local Board adopted the Ōrākei Local Board Community Grants Programme 2023/2024 on 20 July 2023. The document sets application guidelines for contestable grants.

10. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, radio, and community networks

Tātaritanga me ngā tohutohu

Analysis and advice

11. The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. All applications have been assessed utilising the Community Grants Policy and the local board grant programme criteria. The eligibility of each application is identified in the report recommendations.

Tauākī whakaaweawe āhuarangi

Climate impact statement

12. The Local Board Grants Programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups for projects that support and enable community climate action. Community climate action involves reducing or responding to climate change by local residents in a locally relevant way. Local board grants can contribute to expanding climate action by supporting projects that reduce carbon emissions and increase community resilience to climate impacts. Examples of projects include local food production and food waste reduction; increasing access to single-occupancy transport options; home energy efficiency and community renewable energy generation; local tree planting and streamside revegetation; and educating about sustainable lifestyle choices that reduce carbon footprints.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

13. Based on the main focus of an application, a subject matter expert from the relevant department will provide input and advice. The main focus of an application is identified as arts, community, events, sport and recreation, environment or heritage.

14. The grants programme has no identified impacts on council-controlled organisations and therefore their views are not required.

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

Local impacts and local board views

15. Local boards are responsible for the decision-making and allocation of local board community grants. The Ōrākei Local Board is required to fund, part-fund or decline these grant applications in accordance with its priorities identified in the local board grant programme.

16. The local board is requested to note that section 48 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time”.

17. A summary of each application received through the Ōrākei Quick Response and Tree Protection round one 2023/2024 (Attachment A) is provided.

Tauākī whakaaweawe Māori

Māori impact statement

18. The local board grants programme aims to respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Māori Responsiveness Unit has provided input and support towards the development of the community grant processes.

Ngā ritenga ā-pūtea

Financial implications

19. The allocation of grants to community groups is within the adopted Long-term Plan 2021-2031 and local board agreements.

20. The local board has set a total community grants budget of $190,000.00 for the 2023/2024 financial year.

21. Thirty-two applications were received for Local Grant round one 2023/2024 requesting a total of $222,525.76 and six applications were received for the Multi-board Grants round one 2023/2024, requesting $36,493.00 from the Local Board and an overall total of $509,053.20.

22. On the 19 October 2023 thirteen applications from the Local Grant round one 2023/2024 received a total of $55,500.00. The remaining budget amount for 2023/2024 is $124,500.00.

23. Seven applications have been received for the Ōrākei Quick Response round one 2023/2024, requesting a total of $17,633.00.

24. Relevant staff from Auckland Council’s Finance Department have been fully involved in the development of all local board work programmes, including financial information in this report, and have not identified any financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board grants programme. The assessment process has identified a low risk associated with funding the applications in this round.

Ngā koringa ā-muri

Next steps

26. Following the Ōrākei Local Board allocation of funding for the Quick Response round one, Grants staff will notify the applicants of the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Ōrākei Quick Response Round One 2023/2024 - application summary	15
b ⇩	Ōrākei Community Grant Programme 2023/2024	45

Ngā kaihaina

Signatories

Authors

Arna Casey - Grants Advisor

Authorisers

Pierre Fourie - Grants & Incentives Manager

Glenn Boyd - Local Area Manager

Ōrākei Local Board

18 April 2024

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

File No.: CP2024/04113

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 Ōrākei Local Board:

a) 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	61

Ngā kaihaina

Signatories

Authors

Christie McFadyen – Principal Governance Strategy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Glenn Boyd - Local Area Manager

Chairperson	Scott Milne, JP
Deputy Chairperson	Sarah Powrie
Members	Troy Churton
	Angus McPhee
	Penny Tucker
	Margaret Voyce
	David Wong, JP

No.	Title	Page
a ⇩	Workshop Record - 7 March 2024	77
b ⇩	Workshop Record - 14 March 2024	79
c ⇩	Workshop Record - 28 March 2024	81

Authors	Monique Rousseau - Democracy Advisor
Authorisers	Glenn Boyd - Local Area Manager