Agenda of Whau Local Board - Wednesday, 24 April 2024

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.

The following are declared interests of elected members of the Whau Local Board:

Member	Organisation	Position
Kay Thomas	New Lynn Citizens Advice Bureau	Volunteer
	Western Quilters	Member
	Citizens Advice Bureau Waitākere Board	Chair
	Literacy Waitākere	Board Member
	West Auckland Heritage Conference	Committee Member
	Whau Wildlink Network	Member
Fasitua Amosa	Equity NZ	Vice President
	Massive Theatre Company	Board Member
	Avondale Business Association	Family Member is Chair
	Silo Theatre Trust	Board Member
Ross Clow	Portage Licensing Trust	Trustee
	Te Whau Coastal Walkway Environmental Trust	Patron
	Bay Olympic Sports Club	Life Member
	Forest and Bird Society	Member
	Waitākere Ranges Protection Society	Member
	New Lynn Heritage Protection Society	Member
	Trust Community foundation Limited	Trustee
	Karekare Surf Lifesaving Club	Member
	Libraries	Family Member is Librarian
Catherine Farmer	Avondale-Waterview Historical Society	Member
	Blockhouse Bay Historical Society	Member
	Blockhouse Bay Bowls	Patron
	Forest and Bird organisation	Member
	Grey Power	Member
Sarah Paterson-Hamlin	New Zealand Down Syndrome Association	Employee
Warren Piper	New Lynn RSA	Associate Member
Warren Piper	New Lynn Business Association	Member
Susan Zhu	Chinese Women Association of New Zealand	Member / Legal Advisor
Susan Zhu	Chinese Medicine Council of New Zealand	Member / Deputy Chair

External Organisations	Lead	Alternate
The Avondale Business Association	Kay Thomas	Ross Clow
The Blockhouse Bay Business Association	Warren Piper	Sarah Paterson-Hamlin
The New Lynn Business Association	Warren Piper	Kay Thomas
The Rosebank Business Association	Warren Piper	Fasitua Amosa
The Whau Coastal Walkway Environmental Trust	Ross Clow	Sarah Paterson-Hamlin

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Whau Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Wednesday, 27 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

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

7 Ngā Petihana | Petitions

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

8 Ngā Tono Whakaaturanga | Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Whau Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Deputation: New Lynn Stags Rugby League Football Club

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Mark Craig from Auckland Rugby League and Barbara Murphy – Chair, New Lynn Stags Rugby League Football Club.

Whakarāpopototanga matua

Executive summary

2. To share the mahi that the New Lynn Stags Rugby League Football Club around doing in the community and to seek the support of the local board to invest in Lawson Park, particularly regarding toilet/changeroom facilities.

3. To endorse investment in toilet/changeroom facilities at Lawson Park and offer any support to navigate making this a reality.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a) whiwhi / receive the presentation and thank Mark Craig from Auckland Rugby League and Barbara Murphy – Chair, New Lynn Stags Rugby League Football Club for their attendance.

8.2 Deputation: Changing the McNaughton/McCrae Way carpark to paid parking

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Nina Mercep on behalf of Literacy Waitakere in New Lynn.

Whakarāpopototanga matua

Executive summary

2. To discuss the new paid parking on McNaughton/McCrae Way carpark and raise concerns on the consultation process.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a) whiwhi / receive the presentation and thank Nina Mercep from Literacy Waitakere for her attendance.

9 Te Matapaki Tūmatanui | Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of three minutes per speaker is allowed, following which there may be questions from members.

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

10 Ngā Pakihi Autaia | Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

No.	Title	Page
a ⇩	Whau Ward Councillor Kerrin Leoni - April Report	11

Whau Local Board

24 April 2024

Amendment to 2023/2024 Customer and Community Services -Parks and Community Facilities three-year work programme

File No.: CP2024/04228

Te take mō te pūrongo

Purpose of the report

1. To seek approval for an amendment to the 2023/2024 Customer and Community Services – Parks and Facilities three-year work programme by way of changes to various projects.

Whakarāpopototanga matua

Executive summary

2. The local board approved its 2023/2024 Customer and Community Services – Parks and Community Facilities three-year work programme on 26 July 2023 (resolution number WH/2023/81).

3. The work programme includes projects at various stages of delivery, ranging from projects with broadly defined scopes and estimated costs, through to projects with detailed design and known costs. As projects progress through investigations, design, consultation and consenting, variations may be required to the project scope, timing, and budgets In addition, unanticipated events, or new priorities for investment by the local board occur from time to time, which may also require variations to the work programme.

4. Two projects approved in July 2023 have been allocated funding from the Storm Damage budget. As a result, $570,000 budget replaced Local Renewals budget in the 2023/2024 and 2024/2025 financial years:

a) Project ID 37646 Ambrico Studio - refurbish building including roof

b) Project ID 37466 Blockhouse Bay Library - renew roof and building

5. A new project is required in 2023/2024 due to the failure of the HVAC system at the New Lynn Library on 9 January 2024.

6. Staff propose increasing funding for three local renewals projects in 2024/2025 with a total increase of $299,730:

a) Project ID 31935 Gittos Domain - refurbish amenity block

b) Project ID 30475 New Lynn Community Centre - renew toilets, kitchen and ventilation

c) Project ID 27858 Ambrico Historical Reserve - refurbish kiln roof

7. An additional $40,762 Locally Driven Initiative (LDI) is required to deliver ID 30810 Whau - design and install artwork/pou near Rata Street bridge.

8. Staff have signaled a Capital Expenditure budget reduction in the financial year 2024/2025. Parks and Community Facilities staff have recommended variations to budget allocations between financial years to minimise the impacts on the three-year work programme.

9. The following variations to budget allocations have been proposed:

a) Project ID 23869 Blockhouse Bay Recreational Reserve - renew amenity block on Rathlin Road

b) Project ID 30470 Gittos Domain - renew park tracks (stage 2).

10. The Risk Adjusted Programme (RAP) aims to utilise the entire capex budget allocated for the first year, even when faced with unforeseen delays such as a shortage of contractors or adverse weather conditions. Staff proposed the following projects to be approved as Risk Adjusted Programme:

a) Project ID 31935 Gittos Domain - refurbish amenity block

b) Project ID 30810 Whau - design and install artwork/pou near Rata Street bridge

c) Project ID 30475 New Lynn Community Centre - renew toilets, kitchen and ventilation.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a) note Storm Damage Capital Expenditure budget replaced Local Renewals Capital Expenditure budget for:

i) ID 37646 Ambrico Studio - refurbish building including roof

ii) ID 37466 Blockhouse Bay Library - renew roof and building.

b) approve a new project ID 45821 New Lynn Library HVAC replacement

c) approve budget increases for the following Capital Expenditure Local Renewals in 2024/2025 as part of the Risk Adjusted Programme:

i) ID 31935 Gittos Domain - refurbish amenity block – total increase of $85,268

ii) ID 30475 New Lynn Community Centre - renew toilets, kitchen and ventilation – total increase of $114,004

iii) ID 27858 Ambrico Historical Reserve - refurbish kiln roof – total increase of $100,457.

d) approve the allocation Locally Driven Initiative (LDI) Capital Expenditure in 2024/2025 as part of the Risk Adjusted Programme:

i) ID 30810 Whau - design and install artwork/pou near Rata Street bridge – additional $40,762

e) approve Local Renewals Capital Expenditure variations to budget allocations between financial years for:

i) ID 23869 Blockhouse Bay Recreational Reserve - renew amenity block on Rathlin Road – total reduction of $467,657 in 2023/2024

ii) ID 30470 Gittos Domain - renew park tracks (stage 2) – Bring $530,000 forward from 2024/2025 to 2023/2024, and reduce total project costs by $22,780.

f) Approve the following projects to be included as part of the Risk Adjusted Programme:

i) ID 31935 Gittos Domain - refurbish amenity block

ii) ID 30810 Whau - design and install artwork/pou near Rata Street bridge

iii) ID 30475 New Lynn Community Centre - renew toilets, kitchen and ventilation.

Horopaki

Context

11. Projects to renew multiple assets were approved by the local board on 26 July 2023 as part of their 2023/2024 Community Facilities work programme (resolution Number WH/2023/81).

12. The approved 2023/2024 Capex work programme, including activity descriptions, budget sources and financial year allocations are in Attachment A.

13. The work programme includes projects at various stages of delivery, ranging from projects with broadly defined scopes and estimated costs, through to projects with detailed design and known costs. As projects progress through investigations, design, consultation and consenting, there is the possibility that variations may be required to the project scope, timing, and budgets requiring changes to the work programme. In addition, unanticipated events, or new priorities for investment by the local board occur from time to time, which may also require variations to the work programme.

14. Staff have signalled a Capex budget reduction in the financial year 2024/2025. Parks and Community Facilities staff have recommended budget variations between financial years to minimise the impacts on the three-year work programme.

15. The Risk Adjusted Programme (RAP) aims to utilise the entire capex budget allocated for the first year, even when faced with unforeseen delays such as a shortage of contractors or adverse weather conditions. Should some projects encounter delays, a portion of the budget designated for the second year will be used to compensate.

16. Through the employment of a Risk Adjusted Programme, certain projects may be completed ahead of schedule. However, approval under this programme does not guarantee early completion; it simply reduces the risk of unspent funds in the first year of the three-year work programme. The strategy ensures efficient budget management and timely project delivery.

Tātaritanga me ngā tohutohu

Analysis and advice

17. Staff recommend the proposed variations to change the current 2023/2024 Parks and Community Facilities work programme as outlined in Table 1. The local board has sufficient Renewals and LDI CAPEX budgets to cover the proposed change and the proposed variations will not impact total funding envelopes for each financial year of the approved work programme.

18. The amount of unallocated budget through project reductions and introduction of Storm Damage CAPEX projects will offset the budget shortfalls and thus the required variations are within the local board budget envelopes for the financial year 2023/2024 and the proposed financial year 2024/2025 budget.

19. Amendments have been made due to minor changes throughout the financial year and are referenced in the local board monthly updates (Attachment B).

Table 1: Proposed variations to the 2023/2024 Parks and Community Facilities work programme

Project ID

Activity Name

Proposed variations

Budget source

Financial Year

Approved (WH/2023/81)

Proposed Budget Allocation

31935

Gittos Domain - refurbish amenity block

Proposed for Risk Adjusted Programme.

Increase funding in Asset Based Services (ABS): CAPEX Local Renewals budget from unallocated budget in financial year 2024/2025 due to the allocation of Storm Damage CAPEX budget.

This is to enable staff to deliver in 2023/2024 as RAP.

ABS: CAPEX

Local Renewals

2022/2023

2023/2024

2024/2025

$11,969

$138,031

Total $150,000

$11,969

$138,031

$85,268

Total $235,268

30475

New Lynn Community Centre - renew toilets, kitchen and ventilation

Proposed for Risk Adjusted Programme.

Increase funding in Asset Based Services (ABS): CAPEX Local Renewals budget from unallocated budget in financial year 2024/2025 due to the allocation of Storm Damage CAPEX budget.

This is to enable staff to deliver in 2023/2024 as RAP.

ABS: CAPEX

Local Renewals

2022/2023

2023/2024

2023/2025

$58,005

$301,995

Total

$360,000

$58,005

$301,995

$114,004

Total

$474,004

27858

Ambrico Historical Reserve - refurbish kiln roof

Increase funding in Asset Based Services (ABS): CAPEX Local Renewals budget from unallocated budget in financial year 2024/2025 due to the allocation of Storm Damage CAPEX budget.

This is to enable staff to deliver in 2023/2024 as RAP.

ABS: CAPEX

Local Renewals

2022/2023

2023/2024

2024/2025

$71,288

$38,712

$750,000

Total $860,000

$71,288

$38,712

$100,457

Total $210,457

30470

Gittos Domain - renew park tracks (stage 2)

Bring $530,000 forward from 2024/2025 to 2023/2024. This project will have a total decrease of $22,780.

ABS: CAPEX

Local Renewals

2022/2023

2023/2024

2024/2025

$81,435

$50,565

$552,780

Total

$684,780

$81,435

$580,565

Total

$662,000

23869

Blockhouse Bay Recreational Reserve - renew amenity block on Rathlin Road

A total reduction of $467,657 is proposed to enable the following project to continue.

ABS: CAPEX

Local Renewals

2021/2022

2022/2023

2023/2024

2024/2025

$8,970

$38,848

$537,657

$300,000

Total: $885,475

$8,970

$38,848

$70,000

$300,000

Total: $417,818

30810

Whau - design and install artwork/pou near Rata Street bridge

Proposed for Risk Adjusted Programme.

A total of $160,000 External Funded (SH16/18): CAPEX budget is allocated, staff propose to increase this project by $40,762 Locally Driven Initiative (LDI): CAPEX budget to cover the shortfall by allocating in financial year 2024/2025 as Risk Adjusted Budget due to External Funded (SH16/18): CAPEX budget being insufficient, total project budget being $200,762 in allocation between the two budgets.

External Funded (SH16/18):CAPEX

and

Locally Driven Initiative (LDI): CAPEX

2021/2022

2022/2023

2023/2024

2024/2025

$1,520

$12,286

$146,194

Total: $160,000

$1,520

$12,286

$146,194

$40,762

Total: $200,762

37646

Ambrico Studio - refurbish building including roof

Storm Damage CAPEX budget replaced Asset Based Services (ABS): CAPEX Local Renewals budget in the financial year 2023/2024 and the financial year 2024/2025

~~ABS: CAPEX - Local Renewals~~

Storm Damage CAPEX

2023/2024

2024/2025

$20,000

$180,000

Total: $200,000

$120,000

Total: $120,000

37466

Blockhouse Bay Library - renew roof and building

Storm Damage CAPEX budget replaced Asset Based Services (ABS): CAPEX Local Renewals budget in the financial year 2023/2024 and the financial year 2024/2025

~~ABS: CAPEX - Local Renewals~~

Storm Damage CAPEX

2023/2024

2024/2025

$20,000

$200,000

Total: $220,000

$450,000

Total: $450,000

NEW: 45821

New Lynn Library HVAC Renewal

A total of $46,360 has been allocated from the unallocated Asset Based Services (ABS): CAPEX Local Renewals budget. This is required due to the failure of the HVAC system at the New Lynn Library that occurred on the 9th of January 2024.

ABS: CAPEX - Local Renewals

2023/2024

$46,360

Total: $46,360

Tauākī whakaaweawe āhuarangi

Climate impact statement

20. It is anticipated that there will be an increase in carbon emission from construction, including contractor emissions. Staff will seek to minimise carbon and contractor emissions as far as possible when delivering the project.

21. Maximising the upcycling and recycling of existing material, aligned with the waste management hierarchy (prevention, reduction, recycle), will also be prioritised to ensure minimum impact.

22. Staff should consider asset whole-of-life impacts to optimise passive and renewable design options (e.g. sunlight and heat sinks, water retention methods) including solar and/or living roof/walls design options.

23. Mitigation of greenhouse gas emissions will be achieved through sourcing of low-carbon material options (including sourcing materials locally) and the use of products with environmental declarations for embodied carbon reductions.

24. The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan are to reduce greenhouse gas emissions to reach net zero emissions by 2050 and to prepare the region for the adverse impacts of climate change.

25. This is an administrative report and the budget variations proposed in the report have no direct effect on climate change. Each project will be considered individually to assess the impacts of climate change and the approach to reduce greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. The overall current 2023/2024 Parks and Community Facilities work programme was developed through a collaborative approach by operational Council departments, with each department represented in an integrated team.

27. Where appropriate, subject matter expert advice has been sought from other departments of Council relating to specific work programme items.

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

Local impacts and local board views

12. Parks and Community Facilities and open spaces provide important community services to the people of the local board area. They contribute to building strong, healthy and vibrant communities by providing spaces where Aucklanders can participate in a wide range of social, cultural, art and recreational activities. These activities improve lifestyles and a sense of belonging and pride amongst residents.

13. The proposed changes outlined in Table 1 were discussed with the local board at their workshop on 7 February 2024. The local board provided positive feedback on the proposed changes.

14. The projects are aligned with the following the Whau Local Board Plan 2023 outcome and objective:

Table 2: Whau local board Plan 2023 outcome and objective

Outcome	Objective / Initiative
Accessible community facilities and services that provide opportunities for connection and recreation for our diverse populations	Work to ensure community facilities, playgrounds, and other spaces are fit for purpose with universal design standards in mind and ensure there are accessible and inclusive options and opportunities for active recreation and play for all

Tauākī whakaaweawe Māori

Māori impact statement

28. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori.

29. The 2023/2024 Parks and Community Facilities Work Programme ensures that all facilities and open space assets continue to be well-maintained assets that benefit the local community, including Māori.

30. Where aspects or the work programme are anticipated to have an impact on activities of importance to Māori, then appropriate engagement will be undertaken.

Ngā ritenga ā-pūtea

Financial implications

31. The proposed variations are within the local board’s budget envelopes for each year and will not substantially impact the approved projects or the overall work programme.

32. Details of proposed variations are outlined in Table 1.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. If the proposed variations to the work programme are not approved, there is a risk that the projects identified may not be delivered within the 2023/2024 financial year.

34. If assets are not renewed in a timely way, they may deteriorate further and need to be closed or removed. Staff will continue to monitor the condition of the assets and consider action to be taken in the future.

Ngā koringa ā-muri

Next steps

35. Subject to the local board’s decision on the proposal outlined in this report, the local board’s work programme will be amended to reflect the decision and works will commence on the project(s) as per the timing outlined in the approved work programme.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	2023/2024 Whau Parks and Community Facilities Capex Work Programme_approved in July 2023	27
b ⇩	Monthly Report Dec 2023_Jan 2024	41

Ngā kaihaina

Signatories

Authors

Elvira Kolmychenko - Work Programme Lead

Authorisers

Taryn Crewe - General Manager Parks and Community Facilities

Adam Milina - Local Area Manager

Whau Local Board

24 April 2024

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

File No.: CP2024/04116

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 Whau Local Board:

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

Horopaki

Context

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

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

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

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

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

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

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

Empowering Local Boards

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

· delegated and statutory decision-making powers

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

· refining the introductory text

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

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

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

· reviewing other relevant documents that may require updates

· considering training and guidance needs for staff

· awareness raising through communications and engagement.

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

Further consideration is required for some parks disposals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Diagram 1: Decision-making process for stormwater activities

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

36. Key themes from their feedback are as follows:

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

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

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

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Table 2: Risk identification and mitigation

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

Ngā koringa ā-muri

Next steps

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

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

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

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

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Decision-making responsibilities of Auckland Council's Governing Body and local boards	89

Ngā kaihaina

Signatories

Authors	Christie McFadyen - Senior Local Board Advisor
Authorisers	Louise Mason - General Manager Local Board Services

Chairperson	Kay Thomas
Deputy Chairperson	Fasitua Amosa
Members	Ross Clow
	Catherine Farmer
	Sarah Paterson-Hamlin
	Warren Piper
	Susan Zhu

Authors	Laura Hopkins - Democracy Advisor
Authorisers	Adam Milina - Local Area Manager

Authors	Caroline Teh - Local Board Advisor
Authorisers	Adam Milina - Local Area Manager