Agenda of Aotea / Great Barrier Local Board

1 Nau mai | Welcome

Chairperson I Fordham will open the meeting and welcome everyone in attendance.

Deputy Chairperson P O’Shea will lead the hui in 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 Aotea / Great Barrier Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 26 March 2024, including the confidential section, as true and correct.

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

6.1 Deputy Chairperson Patrick O'Shea

Te take mō te pūrongo

Purpose of the report

1. To acknowledge Patrick O’Shea for his mahi as Deputy Chairperson of the Aotea / Great Barrier Local Board in the first 18 months for the political term 2022 – 2025.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) express its appreciation to Patrick O’Shea for his unwavering support and hard mahi in the role of Deputy Chairperson. Look forward to Patrick continuing to contribute to the Aotea community as a valued board member holding the lead roles on Transport, Community and Culture and being our food resilience champion.

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 Aotea / Great Barrier 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.”

Aotea / Great Barrier Local Board

23 April 2024

Election of a deputy chairperson

File No.: CP2024/03627

Te take mō te pūrongo

Purpose of the report

1. To provide an opportunity for the local board to elect a new deputy chairperson for the Aotea / Great Barrier Local Board for the remainder of the term following the resignation from the position of deputy chairperson by Member O’Shea (noting Member O’Shea intends to continue to be a local board member).

Whakarāpopototanga matua

Executive summary

2. Member Patrick O’Shea was elected by his peers to the deputy chairperson position of Aotea / Great Barrier Local Board at the beginning of this electoral term.

3. Member O’Shea has given written notice of his resignation from the position of deputy chairperson (referred to as Attachment A), noting he still wishes to remain a local board member.

4. This report provides an opportunity for the local board to appoint a new deputy chairperson for the remainder of the electoral term.

5. The deputy chairperson’s primary responsibility is to act as the chairperson in the chairperson’s absence. In the absence of a chairperson, a deputy chairperson must preside over meetings of the local board, perform the responsibilities and duties of chairperson, and may exercise all the powers of the chairperson.

6. According to the Local Government Act 2002 Schedule 7, Clause 4 should a person in the deputy chair position choose to resign from the position then the resignation would be effective immediately from that role whilst still being a local board member.

7. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Chairperson of the Aotea / Great Barrier Local Board is required to call for nominations for the position of deputy chairperson of the Aotea / Great Barrier Local Board in accordance with Schedule 7, clause 25 of the Act, noting that no casting vote may be used.

8. The local board will then also need to determine what method it will apply to elect the deputy chairperson.

Ngā tūtohunga

Recommendations

That the Aotea / Great Barrier Local Board:

a) agree to utilise System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 to elect its deputy chairperson.

b) elect a deputy chairperson for the remainder of the 2022-2025 electoral term.

Horopaki

Context

9. On 27 October 2022, the Aotea / Great Barrier Local Board elected Member Patrick O’Shea as its Deputy Chairperson (resolution number GBI/2022/113).

10. Member O’Shea had served as Deputy Chair of the Aotea / Great Barrier Local Board since his election in 2022 and has provided written notice of his resignation from the position.

Tātaritanga me ngā tohutohu

Analysis and advice

Duties and responsibilities of the deputy chairperson

11. The deputy chairperson’s primary responsibility is to act as the chairperson in the chairperson’s absence. They must perform all the responsibilities and duties, and may exercise all the powers, of the chairperson —

(a) with the consent of the chairperson, at any time during the temporary absence of the chairperson

(b) without that consent, at any time while the chairperson is prevented by illness or other cause from performing the responsibilities and duties, or exercising the powers, of his or her office:

12. In the absence of proof to the contrary, a deputy chairperson acting as chairperson is presumed to have the authority to do so.

13. Auckland Council’s Governance Manual outlines the following expectations of the role of a local board chairperson (or deputy chairperson in their absence):

· provide strong leadership and inspire the local board

· build and maintain relationships to develop a collegial local board that is able to work effectively together and reach consensus to deliver the local board’s vision and priorities

· be accountable for the local board relationship with iwi (chief-to-chief)

· develop a strong working relationship with key stakeholders and senior council staff

· chair local board meetings effectively abiding by standing orders and the code of conduct

· represent the local board, and the wider Auckland Council as appropriate, including in a civic and community role (such as citizenship ceremonies) and as the spokesperson to the media

· promote and support the principles of good governance

· work with the governing body and council committees to provide local board input to regional decisions and to regional strategies, policies and plans

· ensure local board members understand what is expected of them, monitor their performance and hold them to account.

Voting methods

14. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, should a vacancy be created in the deputy chairperson role the chairperson of the Aotea / Great Barrier Local Board would be required to call for nominations for the position of deputy chairperson of the Aotea / Great Barrier Local Board in accordance with Schedule 7, clause 25 of the Act.

15. The Local Board would also need to determine (by resolution) what method it would apply to elect the deputy chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:

25 Voting systems for certain appointments

(1) This clause applies to -

(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b) the election or appointment of the deputy mayor; and

(d) the election or appointment of a representative of a local authority.

(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a) the voting system in subclause (3) (system A):

(b) the voting system in subclause (4) (system B).

(3) System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4) System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

16. Following the local board’s decision, any newly elected deputy chairperson would assume the role immediately.

17. Ordinarily in the event of a tied vote, the chairperson has a casting vote. In this case, no casting vote may be used. The process for resolving a tied vote under either system is described above.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. There are no climate change impacts associated with this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19. There are no Council Group impacts associated with this decision.

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

Local impacts and local board views

20. This is a local board decision which will be made in accordance with the provisions of the Local Government Act.

Tauākī whakaaweawe Māori

Māori impact statement

21. A change in deputy chairperson of the Aotea / Great Barrier Local Board will have no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

22. There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. There are no risks associated with this report.

Ngā koringa ā-muri

Next steps

24. The newly elected deputy chairperson will assume the role immediately. Auckland Council staff would ensure that this change is reflected in official documentation and communications with immediate effect.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	20240410 Email re deputy chairperson resignation	15

Ngā kaihaina

Signatories

Author

Guia Nonoy - Democracy Advisor

Authoriser

Louise Mason - General Manager Local Board Services

Glenn Boyd - Local Area Manager

Aotea / Great Barrier Local Board

23 April 2024

Aotea / Great Barrier Local and Capital Grants Round Two 2023/2024 grant allocations

File No.: CP2024/02543

Te take mō te pūrongo

Purpose of the report

1. To fund, part-fund or decline the applications received for Aotea / Great Barrier Local and Capital Grants Round Two 2023/2024.

Whakarāpopototanga matua

Executive summary

2. The Aotea / Great Barrier Local Board adopted the Aotea / Great Barrier Community Grants Policy 2023/2024, which sets application guidelines for contestable capital and community grants (Attachment A).

3. This report presents applications received in Aotea / Great Barrier Local and Multiboard Grants (Attachment B) and Capital Grants (Attachment C) Round Two 2023/2024.

4. The local board has set a total community grants budget of $190,634 and a capital budget of $252,000. $3,000 is available for the local grant budget from the legacy grants budget, as all transitional rates have been allocated or discontinued.

5. Two grants had an early assessment during this round and were funded for a total of $15,826, leaving a total of $174,808 and $3,000 from the legacy grants for future rounds.

6. $20,000 was transferred to the Logan Marine Caulerpa surveillance on the 28 of November business meeting (resolution GBI/2023/121) leaving $154,808 for future rounds.

7. Aotea / Great Barrier local and capital grants round one 2023/2024 received ten applications, with $121,866.38 requested in the local grants round and fourteen applications with $370,609.08 requested in the capital grants round.

8. A total of $68,399.38 was funded in the local grant round one leaving $154,808 for this round two local grant round. A total of $147,015.68 was funded in the capital grant round one leaving $104,984.32 for this round two capital grant round.

9. Aotea / Great Barrier Local and Capital Grants Round Two 2023/2024 received 21 applications, with eleven applications requesting $188,922 in the local grants round including one multiboard application and ten applications with $253,201.53 requested in the capital grants round.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) fund, part-fund or decline applications received for Aotea / Great Barrier Local and Capital Grants Round One 2023/2024, listed in Table One, Table Two and Table Three.

Table One: Aotea / Great Barrier Local Grants Round Two 2023/2024 applications:

Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
LG2404-205	Stephen Young and Associates Ltd	Environment	Towards fights and wages to Windy Hill and Cecilia Sudden Bay	$10,896.00	Eligible
LG2404-206	Windy Hill - Rosalie Bay Catchment Trust	Environment	Towards wages for the Native Plant Nursery from 3 June 2024 to 30 May 2025	$13,000.00	Eligible
LG2404-211	Aotea Family Support Group	Community	Towards wages, catering and transport costs	$24,186.00	Eligible
LG2404-216	Aotea Community Radio Trust	Community	Towards accommodation, flights, care hire and advertising at Great Barrier Island Sports and Social Club	$10,000.00	Eligible
LG2404-217	Island Screens Incorporated	Community	Towards movie screening fee at Barrier Social Club	$1,840.00	Eligible
LG2404-220	Lucy Dixon under the umbrella of Glenfern Sanctuary Trust	Community	Towards visitor guide construction, wages, website hosting and software	$25,000.00	Eligible
LG2404-221	Aotea Family Support Group	Community	Towards overall costs of the New Years' Picnic 2025 event at Great Barrier Island Sports and Social Club on 2 January 2025	$13,500.00	Eligible
Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
LG2404-222	Sir Edmund Hillary Outdoor Pursuits Centre	Community	Towards scholarships to attend Hillary Outdoors programme	$25,000.00	Eligible
LG2404-224	Aotea Great Barrier Environmental Trust	Environment	Towards wages from 31 May 2024 to 31 January 2025	$5,500.00	Eligible
LG2404-226	Ngāti Rehua-Ngātiwai ki Aotea Trust Board	Environment	Administrator and Coordinator wages and costs	$50,000.00	Eligible
Total				$178,922.00

Table Two: Aotea / Great Barrier Multiboard Round Two 2023/2024 applications:

Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
MB2324-231	Every Body is a Treasure Charitable Trust	Community	Towards facilitator costs	$10,000.00	Eligible
Total				$10,000.00

Table Three: Aotea / Great Barrier Capital Grants Round Two 2023/2024 applications:

Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
LG2404-202	Great Barrier Island Community Heritage & Arts Village Trust	Capital	Towards construction or purchase of a shed and administration costs at Great Barrier Island Community Heritage & Arts Village	$8,850.00	Eligible
Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
LG2404-207	Great Barrier Island Sports & Social Club Incorporated	Capital	Towards solar panels and installation costs at 19 Whangaparapara Road	$34,378.20	Eligible
LG2404-208	Kaitoke School	Capital	Towards construction of a pump bicycle track at Kaitoke School	$50,000.00	Eligible
LG2404-209	Motu Kaikoura Trust	Capital	Towards materials and labour for a toilet block renovation at Motu Kaikoura	$14,508.00	Eligible
LG2404-210	Great Barrier Island Health Trust	Capital	Towards painting at 80 Hector Sanderson Road	$23,882.33	Eligible
LG2404-212	Glenfern Sanctuary Trust	Capital	Towards solar system installation at 20 Glenfern Road	$25,324.00	Eligible
LG2404-213	Sea Education (Aotea) Charitable Trust	Capital	Towards building materials for a storage shed at 271 Shoal Bay Road	$20,000.00	Eligible
LG2404-215	Ngatiwai O Aotea Kawa Marae Trust	Capital	Towards plumbing and the purchase and installation of a gas oven and septic tank at Kawa Marae	$24,459.00	Eligible
Application ID	Organisation	Main focus	Requesting funding for	Amount requested	Eligibility
LG2404-218	Great Barrier Island Golf Club	Capital	Towards extractor purchase and installation at Great Barrier Island Golf Club	$1,800.00	Eligible
LG2404-225	Ngāti Rehua Ngātiwai ki Aotea Trust Board	Capital	Towards building restoration	$50,000.00	Eligible
Total				$253,201.53

Horopaki

Context

10. 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.

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

12. The local board grants programme sets out:

· local board priorities

· lower priorities for funding

· exclusions

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

· any additional accountability requirements.

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

Tātaritanga me ngā tohutohu

Analysis and advice

14. 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

15. 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

16. 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.

17. 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

18. Local boards are responsible for the decision-making and allocation of local board community grants. The Aotea / Great Barrier 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.

19. 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”.

Tauākī whakaaweawe Māori

Māori impact statement

20. 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. Ngā Mātārae has provided input and support towards the development of the community grant processes.

Ngā ritenga ā-pūtea

Financial implications

21. The Aotea / Great Barrier Local Board adopted the Aotea / Great Barrier Local and Capital Grants Round One 2023/2024, which sets application guidelines for contestable capital and community grants (Attachment A).

22. This report presents applications received in Aotea / Great Barrier Local Grants (Attachment B) and Capital Grants (Attachment C) Round Two 2023/2024.

23. The local board has set a total community grants budget of $190,634 and a capital budget of $252,000. $3,000 is available for the local grant budget from the legacy grants budget, as all transitional rates have been allocated or discontinued.

24. Two grants had an early assessment during this round and were funded for a total of $15,826, leaving a total of $174,808 and $3,000 from the legacy grants for future rounds.

25. $20,000 was transferred to the Logan Marine Caulerpa surveillance on the 28 of November business meeting (resolution GBI/2023/121) leaving $154,808 for future rounds.

26. Aotea / Great Barrier Local and Capital Grants Round One 2023/2024 received ten applications, with $121,866.38 requested in the local grants round and fourteen applications with $370,609.08 requested in the capital grants round.

27. A total of $68,399.38 was funded in the local grant round one leaving $154,808 for this round two local grant round. A total of $147,015.68 was funded in the capital grant round one leaving $104,984.32 for this round two capital grant round.

28. Aotea / Great Barrier Local and Capital Grants Round Two 2023/2024 received 21 applications, with ten applications requesting $188,922 in the local grants round including one multiboard application and ten applications with $253,201.53 requested in the capital grants round.

29. Appropriate staff in the finance division have been consulted on this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30. 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

31. Following the Aotea / Great Barrier Local Board allocation of funding for Local and Capital Grants Round Two 2023/2024, Commercial and Finance staff will notify the applicants of the local board’s decision and facilitate payment of the grant.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Aotea Great Barrier Community Grants Programme 2023 2024	25
b ⇩	Aotea Great Barrier Local and Multiboard Round Two Application Summary 2023 2024	31
c ⇩	Aotea Great Barrier Capital Round Two Application Summary 2023 2024	81

Ngā kaihaina

Signatories

Author

James Boyd - Senior Grants Advisor

Authoriser

Pierre Fourie - Grants & Incentives Manager

Glenn Boyd - Local Area Manager

Aotea / Great Barrier Local Board

23 April 2024

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

File No.: CP2024/04119

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 Aotea / Great Barrier 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	125

Ngā kaihaina

Signatories

Author

Christie McFayden, Principal Advisor – Governance Strategy

Authorisers

Louise Mason - General Manager Local Board Services

Glenn Boyd - Local Area Manager

Aotea / Great Barrier Local Board

23 April 2024

Auckland Council and council-controlled organisations (CCOs) memo and information reports

File No.: CP2024/03768

Te take mō te pūrongo

Purpose of the report

1. To whiwhi / receive and provide a public record of Auckland Council departments and council-controlled organisations memoranda and information reports for circulation to the Aotea / Great Barrier Local Board.

Whakarāpopototanga matua

Executive summary

2. This is an information-only report which aims to provide greater visibility of information circulated to local board members via memoranda or report where no decisions are required.

3. The following local memoranda and information reports have been received:

Date	Subject
25/03/2024	Aotea Great Barrier Island Community Broker update (appended as Attachment A)
26/03/2024	MEMO: Auckland Transport update (appended as Attachment B)
02/04/2024	Parks and Community Facilities Monthly Report February 2024 - Aotea Great Barrier (appended as Attachment C)
09/04/2024	Aotea Natural Environment monthly update report March 2024 (appended as Attachment D)

4. The following regional memoranda and information reports have been received:

Date	Subject
04/04/2024	MEMO: Response to Ombudsman's Open For Business Report (appended as Attachment E)
05/04/2024	UPDATE: Recovery Office on Property Categorisation (appended as Attachment F)
10/04/2024	MEMO: Natural Hazards Plan Change (appended as Attachment G)
10/04/2024	MEMO: Tāmaki Makaurau Recovery Office update (appended as Attachment H)
11/04/2024	MEMO: Joint review of Auckland Transport and Auckland Council traffic bylaws (appended as Attachment I)
11/04/2024	Public Law Update - April 2024 (appended as Attachment J)

5. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this report. Local Board members via their support staff should direct any questions to the authors.

Ngā tūtohunga

Recommendation/s

That the Aotea / Great Barrier Local Board:

a) tuhi ā-taipitopito / note the attachments A to J of the agenda report.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	20240325 Aotea Great Barrier Island Community Broker update	137
b ⇩	20240326 MEMO: Auckland Transport update	143
c ⇩	20240402 Parks and Community Facilities Monthly Report February 2024 - Aotea Great Barrier	151
d ⇩	20240409 Aotea Natural Environment monthly update report March 2024	161
e ⇩	20240404 MEMO: Response to Ombudsman's Open For Business Report	183
f ⇩	20240405 UPDATE: Recovery Office on Property Categorisation	245
g ⇩	20240410 MEMO: Natural Hazards Plan Change	249
h ⇩	20240410 MEMO: Tāmaki Makaurau Recovery Office update	255
i ⇩	20240411 MEMO: Joint review of Auckland Transport and Auckland Council traffic bylaws	259
j ⇩	20240411 Public Law Update - April 2024	261