I hereby give notice that an additional meeting of the Kaipātiki Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 1 May 2024

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Erica Hannam

 

 

Melanie Kenrick

 

 

Tim Spring

 

 

Dr Janet Tupou

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Gweshe

Democracy Advisor

 

26 April 2024

 

Contact Telephone: (09) 484 6236

Email: Jacinda.Gweshe@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Kaipātiki Local Board

01 May 2024

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Nau mai | Welcome                                                                  5

2          Ngā Tamōtanga | Apologies                                                   5

3          Te Whakapuaki i te Whai Pānga | Declaration of Interest                                                               5

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes              5

5          He Tamōtanga Motuhake | Leave of Absence                      6

6          Te Mihi | Acknowledgements                              6

7          Ngā Petihana | Petitions                                       6

8          Ngā Tono Whakaaturanga | Deputations           6

9          Te Matapaki Tūmatanui | Public Forum                                6

10        Ngā Pakihi Autaia | Extraordinary Business     6

11        Long-Term Plan 2024-2034: local board consultation feedback and input                        9

12        Review of the allocation table recording the allocation of decision-making responsibility for non-regulatory activities                              37

13        Kaipātiki Local Board feedback on the implementation of the National Policy Statement for Freshwater Management 2020 in Tāmaki Makaurau / Auckland.                           53

14        Urgent Decision: Kaipātiki Local Board Feedback on Fast-track Approvals Bill            61

15        Kaipātiki Local Board Chairperson's Report   67

16        Members' Reports                                              69

17        Governing Body and Houkura Independent Māori Statutory Board                                        71

18        Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items

PUBLIC EXCLUDED

19        Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public                                               75

C1       Kaipātiki Local Board Early Childhood Education Services Update (Covering report)                                                                              75

 


1          Nau mai | Welcome

 

The meeting will be opened with a karakia.

 

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta 

Kia mātaratara ki tai         

E hī ake ana te atakura   

He tio 

He huka 

He hau hū  

Tīhei mauri ora

Cease o winds from the west

Cease o winds from the south

Bring calm breezes over the land

Bring calm breezes over the sea

And let the red-tipped dawn come

With a touch of frost

A sharpened air

And promise of a glorious day.

 

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 Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

i)        A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii)       A non-financial conflict of interest, which does not have a direct personal financial component.  It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

 

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

That the Kaipātiki Local Board:

whakaū / confirm the ordinary minutes of its meeting, held on Wednesday, 17 April 2024, 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 Kaipātiki 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.”

 


Kaipātiki Local Board

01 May 2024

 

 

Long-Term Plan 2024-2034: local board consultation feedback and input

File No.: CP2024/04426

 

  

Te take mō te pūrongo

Purpose of the report

1.       To receive consultation feedback from the Kaipātiki Local Board area on:

·        proposed priorities, activities and advocacy initiatives for the Kaipātiki Local Board Agreement 2024/2025

·        regional topics for the Long-term Plan 2024-2034.

2.       To recommend any local matters or advocacy initiatives to the Governing Body, that they will need to consider or make decisions on in the Long-term Plan 2024-2034 process.

3.       To provide input on the proposed regional topics in the Long-term Plan 2024-2034.

Whakarāpopototanga matua

Executive summary

4.       Local board agreements set out annual funding priorities, activities, budgets, levels of service, performance measures and initiatives for each local board area. Local board agreements for 2024/2025 will be included in the Council’s Long-term Plan 2024-2034.

5.       Auckland Council publicly consulted from 28 February to 28 March 2024 to seek community views on the proposed Long-term Plan 2024-2034. Consultation on the proposed Long-term Plan asked submitters to respond to key questions on the following:

1.   Overall direction for Long-term Plan

2.   Transport plan

3.   North Harbour Stadium

4.   Major Investments:

a.   Creating an Auckland Future Fund using the Auckland International Airport shareholding

b.   Options relating to the future of Port of Auckland (includes options c. and d.)

5.   Port Land

6.   Changes to other rates, fees and charges.

7.   Local board’s proposed priorities for 2024/2025 to be included in their local board agreement, and key priorities and advocacy initiatives for the Long-term Plan 2024-2034.

6.       Auckland Council received 27,960 submissions in total across the region and 1,168 submissions from the Kaipātiki Local Board area.

7.       In the Long-term Plan process there are matters where local boards provide recommendations to the Governing Body, for consideration or decision-making. This includes any local board advocacy initiatives. The Governing Body will consider these items as part of the Long-term Plan decision-making process in May/June 2024:

·        any new/amended business improvement district targeted rates

·        any new/amended local targeted rate proposals 

·        proposed locally driven initiative capital projects outside local boards’ decision-making responsibility

·        release of local board specific reserve funds

·        any other local board advocacy initiatives.

8.       Local boards have a statutory responsibility to provide input into regional strategies, policies, plans, and bylaws. This report provides an opportunity for the local board to provide input on council’s proposed Long-term Plan 2024-2034.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive consultation feedback on the proposed Kaipātiki Local Board priorities and activities for 2024/2025 and key advocacy initiatives for 2024-2034.

b)      receive consultation feedback on regional topics in the Long-term Plan 2024-2034 from people and organisations based in the Kaipātiki Local Board area.

c)       provide input on regional topics in the proposed Long-term Plan 2024-2034 and advocacy initiatives to the Governing Body.

Horopaki

Context

9.       Each financial year Auckland Council must have a local board agreement (as agreed between the Governing Body and the Kaipātiki Local Board) for each local board area. The local board agreement sets out how the Council will reflect priorities in the Kaipātiki Local Board Plan 2023 in respect of the local activities to be provided in the local board area, and also includes information relating to budgets, levels of service, and performance measures.

10.     The local board agreements 2024/2025 will form part of the Auckland Council’s Long-term Plan 2024-2034.

11.     Auckland Council publicly consulted from 28 February to 28 March 2024 to seek community views on the proposed Long-term Plan 2024-2034.  The consultation content included information on regional proposals to be decided by the Governing Body, and information on the Kaipātiki Local Board’s proposed priorities for 2024/2025 to be included in their local board agreement, and key local board priorities and advocacy initiatives for 2024-2034.

12.     Auckland Council is facing key financial challenges including adapting to economic fluctuations, paying for growth, the rising cost of asset ownership, storm response and resilience and a limited funding system. To address this, strategic choices and direction must be made in the council’s proposed Long-term Plan 2024-2034.

13.     Local boards have a statutory responsibility to identify and communicate the interests and preferences of people in their local board area in relation to the content of the Long-term Plan 2024-2034.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     This report includes analysis of consultation feedback, any local matters to be recommended to the Governing Body and seeks input on regional topics in the proposed Long-term Plan 2024-2034.

Consultation feedback overview 

15.     As part of the public consultation for the Long-term Plan 2024-2034 Auckland Council used a variety of methods and channels to reach and engage a broad cross section of Aucklanders to gain their feedback and input into regional and local topics.

16.     In total, Auckland Council received feedback from 27,960 people in the consultation period. 1,168 submissions were received from people in the Kaipātiki Local Board area.

17.     The feedback from people in the Kaipātiki Local Board area was received through:

·        written feedback – 1,043 hard copy and online forms, emails and letters.

·        in person – 125 pieces of feedback through the two Have Your Say events which were held in the Kaipātiki Local Board area.

18.     For those submitters in the Kaipātiki Local Board area who provided demographic information, graphs 1 and 2 below give an overview of the demographic categories they identified with.

 

Graph 1: Kaipātiki submitters demographics (Gender and Age) compared to Census Data

 

Graph 2: Kaipātiki submitters demographics (Ethnicity) compared to Census Data

19.     All feedback will be made available on an Auckland Council webpage called “Submissions on the Long-term Plan 2024-2034” and will be accessible after 24 April 2024 through the following link: https://akhaveyoursay.aucklandcouncil.govt.nz/long-term-plan-2024-2034-consultation-feedback 

 

Feedback received on the Kaipātiki Local Board’s priorities for 2024/2025 and the Long-term Plan 2024-2034

20.     The Kaipātiki Local Board consulted on the following priorities for 2024/2025. Key themes of note are summarised under each priorities:

·    Priority 1: Investing in the maintenance and renewal of our parks, playgrounds, recreation facilities, and other public spaces

Key Themes include support for investment in this area, particularly maintaining what we have rather than ‘nice to haves’.

·    Priority 2: Supporting a community-led approach for the delivery of relevant and diverse services that connect the community

Key themes include support for locals leading these services however priority focus should be on providing core services first, such as maintaining existing public facilities.

·    Priority 3: Supporting environmental groups, community volunteers, and our diverse communities to carry out environmental restoration projects

Key themes include support for continued investment to protect the environment, appreciation of volunteer work, and request for council to be more directly involved rather than relying so heavily on the volunteers.

·    Priority 4: Begin implementing the Mini Shoreline Adaptation Plan for the Little Shoal Bay / Te Wai Manawa

Key themes include support implementing the shoreline adaptation plan with various views on how to go about implementing –ranging from urgently delivering long-term solutions to combat a changing climate, to accepting that changes to how the reserve can be used will need to be accepted sooner rather than later.

·    Priority 5: Supporting a community climate activation programme to support and amplify community initiatives identified in the Kaipātiki Climate Action Plan

Key themes include support for protecting the area for future generations

·    Priority 6: Building relationships with local iwi and mataawaka groups

Key themes include support for active engagement with Māori however not to exclude other cultures in the local board area.

21.     The Kaipātiki Local Board consulted on the following local priorities for the Long-term Plan 2024-2034:

·    Priority 1: Implementing the Birkenhead War Memorial Park Masterplan, with the first project being to develop a new multi-purpose facility and improved aquatic play space

·    Priority 2: Delivering the integrated Northcote Community Hub alongside the upgrade to Puāwai/Cadness Reserve

·    Priority 3: Delivering the priority projects identified in the planned update of the Kaipātiki Connections Network Plan, with existing funding currently tagged to stage three of the Beach Haven Coastal Connection.

22.     The Kaipātiki Local Board also consulted on the following key advocacy initiatives that sit outside local board decision-making:

·    Initiative 1: Advocate for sufficient funding to maintain facilities and the service provided through our parks, community facilities, and recreational spaces

·    Initiative 2: Advocate for investment into coastal assets around the Kaipātiki coastline, including continuing the budgets already tagged to the outcomes of the Little Shoal Bay Shoreline Adaptation Plan

·    Initiative 3: Advocate for and support the development of a quality compact, urban form that supports low carbon, resilient development, while ensuring adequate infrastructure to support it

·    Initiative 4: Advocate for increased resource for compliance enforcement teams so they can respond to all requests and complaints received in the Kaipātiki area

·    Initiative 5: Advocate to continue improving the bus and ferry network serving Kaipātiki through cheaper ferry and bus fares, maintaining our existing three ferry services – with increased frequency, and more buses going to more destinations more often

·    Initiative 6: Advocate for the continued investment of the Water Quality, Natural Environment, and Climate Action Targeted Rates into Kaipātiki

·    Initiative 7: Advocate for work to be undertaken to reduce flooding of the Wairau Valley, and to protect community assets such as the Eventfinda Stadium

·    Initiative 8: Advocate for an increase to, and greater share of, regional funding to support delivery of sport and recreation opportunities in Kaipātiki, including through the Regional Sport and Recreation Facility Investment Fund and Regional Sport and Recreation Facilities Operating Grant.

23.     618 submissions were received on Kaipātiki Local Board’s priorities for 2024/2025 and key advocacy initiatives. The majority of local respondents were in support of all or most of the local priorities identified. Reponses are outlined in Graphs 3 and 4 below:

 

Graph 3: What do you think of our proposed priorities in 2024/2025?

 

Graph 4: More specifically, what do you think of each priority (individual’s responses only)?

24.     Consultation feedback on local board priorities will be considered by the local board when approving their local board agreement between 11-14 June 2024. Local board key advocacy initiatives will be considered in the current report.

 

Overview of feedback received on regional topics in the Long-term Plan from the Kaipātiki Local Board area

25.     The proposed Long-term Plan 2024-2034 sets out Auckland Council’s priorities and how to pay for them. Consultation on the proposed Long-term Plan asked submitters to respond to key questions on the following:

8.   Overall direction for Long-term Plan

9.   Transport plan

10. North Harbour Stadium

11. Major Investments:

c.   Creating an Auckland Future Fund using the Auckland International Airport shareholding

d.   Options relating to the future of Port of Auckland (includes options c. and d.)

12. Port Land

13. Changes to other rates, fees and charges.

 

26.     Submitters were also encouraged to give feedback on any of the other matters included in the Long-term Plan 2024-2034 consultation document.

27.     The submissions received from the Kaipātiki Local Board area on these key issues are summarised below, along with an overview of any other areas of feedback on regional proposals with a local impact.

Key Question 1: Overall direction for Long-term Plan

28.     Aucklanders were asked about the overall proposed direction for council services and investment over the next ten years. This included the ‘central proposal’ alongside alternative options of ‘pay more, get more’ and ‘pay less, get less’ in seven areas of council-funded service and activities. These seven areas are their associated options are described in detail in the consultation document available at Auckland Council Long-term Plan 2024-2034 Consultation Document from pages 22-27 and included:

·    Transport - Roads, public transport and safety improvements across the transport network

·    Water - Managing stormwater to minimise flooding and protect waterways

·    City and local development - Delivering urban regeneration and lead development of the city centre

·    Environment and regulation - Protecting and restoring the natural environment

·    Parks and community - A wide range of arts, sports, recreation, library and community services including a fair level of funding for local boards (see section on fairer funding for local boards below)

·    Economic and cultural development - Major events funding and economic development

·    Council support - Supporting the delivery of services, enabling effective governance, emergency management and grants to regional amenities.

29.     The central proposal would see annual rates increases for the average value residential property set at 7.5 per cent in year one, 3.5 per cent in year two, 8.0 per cent in year three and no more than 3.5 per cent for the years after that. Over the 10-year period 2024-2034, the central proposal would provide for a capital investment programme of $39.3 billion and $72.0 billion of operational spending.

30.     The central proposal, and alternative options of ‘pay more, get more’ and ‘pay less, get less’ scenarios are outlined in Table 1 below.

Table 1 - The central proposal and the ‘pay more, get more’ and ‘pay less, get less’ scenarios

Annual rates increase for average value resident property

Pay less and get less

Central proposal

Pay more and get more

Year 1

5.5 per cent

7.5 per cent

14 per cent

Year 2

3.5 per cent

3.5 per cent

10 per cent

Year 3

3.5 per cent

8.0 per cent

10 per cent

Later years

No more than 1 per cent above CPI inflation thereafter

No more than 3.5 per cent for the years after that

5 per cent for the years after that

CAPEX

$33.5b

$39.3b

$52.0b

OPEX

$69.2b

$72.0b

$76.5b

 

31.     Graphs 5 and 6 below give an overview of the responses from the Kaipātiki Local Board area.

Graph 5: Overall direction for Long-term Plan

 

Graph 6: Overall direction for Long-term Plan – more / less of (individual’s responses only)

 

Key Question 2: Transport Plan

32.     Aucklanders were asked for feedback on a proposal to work with government to make progress toward an integrated transport plan for Auckland with a proposed total capital spend of $13.4 billion for Auckland Transport over 10 years.

33.     This would include:

·    making public transport faster, more reliable and easier to use by investing in rapid transit network actions, such as making it easier to pay, including introducing capped weekly public transport passes

·    network optimisation, reducing temporary traffic management requirements and introducing dynamic lanes

·    stopping some initiatives previously planned such as some raised pedestrian crossings and cycleways.

34.     Graph 7 below gives an overview of the responses from the Kaipātiki Local Board area. Key themes that were gathered from the comments to this question included support for active transport (walking and cycling), public transport, and improvement to public transport services/efficiency.

 

Graph 7: Transport Plan

 

 

Key Question 3: North Harbour Stadium

35.     Aucklanders were asked for feedback on options for the future of North Harbour Stadium precinct. The options set out were:

1.   to keep the stadium precinct as it is now, and maintain it at a cost of $33 million over 10 years

2.   redevelop the stadium precinct funded through reallocation of this $33 million, the sale of some stadium precinct land while retaining the existing community playing fields and any other external funding available

3.   change the operational management of the stadium to ensure greater use by the community (noting that this option could be considered in addition to either option 1 or 2).

36.     Graphs 8 and 9 below give an overview of the responses from the Kaipātiki Local Board area. Graph 9 includes a breakdown of responses based on the ability to select more than one option. Key themes that were gathered from the comments to this question included that the North Harbour community needs a stadium, that there should be efforts made to attract more events and to increase the usage, and specific ideas were raised for alternative use of the stadium land.

Graph 8: North Harbour Stadium

Graph 9: North Harbour Stadium – Multi-option responses (individual’s responses only)

 

Key Question 4a: Major Investments: Auckland Future Fund and Auckland International Airport Limited shares

37.     Aucklanders were asked to provide feedback on a proposal to establish a diversified investment fund for Auckland (the Auckland Future Fund) in order to spread the risk of council’s investments over a range of different assets in different locations. The proposal includes the transfer of council’s shareholding of just over 11 per cent in Auckland International Airport Limited (AIAL) to the fund to enable the subsequent sale of any or all the shares by the fund manager.

38.     Graph 10 below gives an overview of the responses from the Kaipātiki Local Board area. Key themes that were gathered from the comments to this question included support for diversifying investments to minimise risk, and being clear about the rules and restrictions that were in place with the fund.

Graph 10: Auckland Future Fund and AIAL Shares

Key Question 4b: Major Investments: Port of Auckland

39.     Aucklanders were also asked for their feedback on options for the future of Port of Auckland.  The two options identified were:

1.   retain underlying ownership of the port land and wharves, and lease the operation of the port for a period of about 35 years with the upfront payment from the lease invested in the proposed Auckland Future Fund.

2.   retain underlying ownership of the port land and wharves with the Port of Auckland Limited continuing to operate the port and implement their plan to deliver improved profitability and dividends.

40.     Graph 11 below gives an overview of the responses from the Kaipātiki Local Board area. Key themes that were gathered from the comments to this question included mixed views on the advantages and disadvantages of leasing the port, there not being support for selling council assets, and relocation of the port (not in the City Centre).

 

Graph 11: Port of Auckland Operations

 

Key Question 4c: Major Investments: Port of Auckland

41.     It was noted that if the council group continues to operate the port through Port of Auckland Limited, it could continue to use the profits and dividends from the port to fund council services, or it could invest the profits and dividends in the proposed Auckland Future Fund.

42.     Graph 12 below gives an overview of the responses from the Kaipātiki Local Board area.

Graph 12: Port of Auckland Profits / Dividends

Key Question 4d: Major Investments: Port of Auckland

43.     People were also encouraged to give feedback on other aspects of the proposal, including in relation to self-insurance, and implementation options for the proposed Auckland Future Fund and possible changes to the council’s shareholding in Port of Auckland Limited and to the ownership of the Port Land.

44.     The key theme from the responses to this question from the Kaipātiki Local Board area was that there was not support for selling council assets.

 

Key Question 5: Port Land

45.     Aucklanders were asked for their feedback on a proposal whereby some land and wharves currently used for port operations could be transferred to Auckland Council and used for something else that provides public benefit. This could include the creation of some new public spaces and/or new waterfront residential or commercial developments.

46.     Captain Cook and Marsden wharves could be transferred to council within 2-5 years provided that resource consent can be obtained for work at the Bledisloe Terminal. These works are required to allow some port operations to be moved and would cost around $110 million, but otherwise there would be no significant impact on the operations or value of the port.

47.     The Bledisloe Terminal site could be freed up and transferred to council for use in another way within 15 years. However, this would significantly reduce the scale of port operations in Auckland with many shipments needing to be transported into the Auckland by truck or rail. It would also lower the value of the proposed port lease by an estimated $300m or reduce the future profits and dividends the council earns from the port.

48.     Graphs 13 and 14 below give an overview of the responses from the Kaipātiki Local Board area. Key themes that were gathered from the comments to this question included a desire for better public use / benefit from the port land, that Ports of Auckland provide an essential service, and that more detail is needed on the proposed use before providing specific views.

 

Graph 13: Port Land – Capitan Cook and Marsden Wharves

 

Graph 14: Port Land – Bledisloe Terminal

 

Key Question 6: changes to other rates, fees and charges

49.     Aucklanders were asked for feedback on proposed changes to business rates, targeted rates and charges as set out below.

Waste management rates changes

50.     Auckland Council is proposing to continue the planned roll out of rates funded refuse collections to the North Shore, Waitākere and Papakura in 2024/2025, and Franklin and Rodney in 2025/2026 replacing the current pay as you throw service, and consequent rates change. During the rollout it is proposed the refuse targeted rate will be applied to properties in these areas based on the approximate number of months the rates funded service is available to them. Graph 15 below gives an overview of the responses from the Kaipātiki Local Board area.

Graph 15: Rates funded refuse collections

51.     It is also proposed to adjust the Waste Management Targeted Rates in 2024/2025 to maintain cost recovery levels and to re-introduce recycling charges for schools. Graph 16 below gives an overview of the responses from the Kaipātiki Local Board area.

Graph 16: Waste Management Target Rates – including applying to schools

 

Changes to other rates, fees and charges

52.     Other proposed changes to rates and fees and charges included in the consultation document for the Long-term Plan 2024-2034 include the following matters, with accompanying graphs giving an overview of the responses from the Kaipātiki Local Board area :

·    Resuming the Natural Environment Targeted Rate (NETR) and extend it to 2034/2035 to continue to invest in the protection of native ecosystems and species

Graph 17: Resume Natural Environment Targeted Rate

·    Resuming the full Water Quality Targeted Rate (WQTR) and extend it to 2034/2035 at a level that only covers the annual programme operating and interest costs. This ensures water quality improvements in harbours and streams across the region can be funded but at a lower amount for next year than previously planned

Graph 18: Resuming Full Water Quality Targeted Rate

·    Broadening the description of bus services funded by the Climate Action Transport Targeted Rate (CATTR) to reduce the need to consult each year for minor changes to the bus programme

Graph 19: Broadening Climate Action Targeted Rate

·    Discontinue the Long-Term Differential Strategy which gradually lowers the share of general rates paid by businesses and raises the share paid by other ratepayers, and raise the share of the NETR, WQTR and CATTR paid by businesses to align to the share of general rates paid by businesses

Graph 20: Discontinue Long-term Differential Strategy

·    Changing the Rodney Drainage Districts Targeted Rate to reflect public feedback and updated analysis of the benefits to properties and boundaries

Graph 21: Changing Rodney District Targeted Rate

·    Increasing the Waitākere Rural Sewerage Targeted Rate from $296.75 to $336.80 (per year) for the 2024/2025, 2025/2026, and 2026/2027 years to maintain cost recovery in the three-year contract cycle, and avoid an annual subsidy of around $117,000 from general rates.

Graph 22: Increasing Waitākere Rural Sewerage Targeted Rate

 

53.     In addition to most other fees and charges which will be adjusted in line with inflation, there are also specific changes to the fees outlined below.:

·    new fees to recover the cost of processing new requirements under the Building (Dam Safety) Regulations 2022

·    increased deposit levels for a number of consenting fees

·    an increase to film-permitting fees to adjust for cumulative inflation since 2015. It is also proposed that this fee is adjusted for inflation yearly

·    adjusted fees for all services provided from pool and leisure centres to ensure an appropriate level of cost recovery

·    baseline fees across similar venue hire and bookable spaces so that they are charged appropriately. This includes community halls, community centres, art centres and bookable library spaces.

54.     There were minimal submissions from the Kaipātiki Local Board area which referenced these fees.

 

Other matters for feedback

55.     The following proposals were also included in the consultation in the Long-term Plan:

Draft Tūpuna Maunga Authority Operational Plan 2024/2025

56.     Aucklanders were asked to feedback on the draft Tūpuna Maunga Authority Operational Plan 2024/2025 which sets out a framework in which the council must carry out the routine management of 14 Tūpuna Maunga.

57.     There were no submissions from the Kaipātiki Local Board area which referenced the draft Tūpuna Maunga Authority Operational Plan 2024/2025.

Fairer funding for Local Boards (Local Board Funding Policy)

58.     Auckland Council is proposing to shift to a fairer funding model, where some local boards will receive additional funding to deliver for their communities. Other local boards, where there is a disparity of funding, would need to make changes in their priorities to manage within a reduced budget. The proposal is to address local board funding equity through the first three years of the Long-term Plan 2024-2034.

59.     The central proposal is to achieve this through a 50/50 combination approach, i.e., reallocating some existing funding between local boards and providing some new funding ($20 million opex and $30 million capex) over the first three years of the LTP 2024-2034.

60.     As the extent of funding disparity between local boards is significant, and the council’s capacity for new funding is limited, the proposal is for 18 local boards to be within 5 per cent of their equitable funding levels (opex and capex) by year three of the LTP 2024-2034. Of the 21 local boards, three local boards will remain funded above their equitable levels but to a lesser degree than current levels.

61.     A fixed funding allocation is proposed for Aotea/Great Barrier and Waiheke Island Local Boards, who will be allocated 1 per cent and 2 per cent of the available funding respectively, given their smaller population sizes.

62.     These changes would require an amendment to the Local Board Funding Policy.

63.     In addition to the central proposal being put forward, there are also scenarios to 'pay more, get more' and 'pay less, get less'. Under the ‘pay more, get more’ scenario no reallocation among local boards would be required. A funding uplift would be provided to get all local boards to their equitable funding levels. To achieve full equity under this option, close to $900 million would be required in additional operating funding and about $1 billion in capital funding over 10-years.

64.     To achieve local board funding equity under the ‘pay less, get less’ scenario, where no additional funding would be available, a significant reallocation would be required from local boards that are currently funded above their equitable level of funding to boards who receive lesser funding. Local boards that could lose funding may not be able to deliver projects previously agreed, asset renewals or services without increasing fees, imposing local targeted rates or rationalising assets.

65.     There were five submissions from the Kaipātiki Local Board area which specifically referenced fairer funding. One was in support, two were not in support, and two sought to accelerate the model to achieve equity sooner to reduce the impact on local boards with more assets.

Recommendations on local matters 

66.     This report allows the local board to recommend local matters to the Governing Body for consideration as part of the Long-term Plan process, in May 2024. This includes:

·    any new/amended business improvement district targeted rates

·    any new/amended local targeted rate proposals 

·    proposed locally driven initiative capital projects outside local boards’ decision-making responsibility

·    release of local board specific reserve funds

·    local advocacy initiatives.

Local targeted rate and business improvement district (BID) targeted rate proposals

67.     Local boards are required to endorse any new or amended locally targeted rate proposals or business improvement district (BID) targeted rate proposals in their local board area. Note that these proposals must have been consulted on before they can be implemented.

68.     Local boards then recommend these proposals to the Governing Body for approval of the targeted rate. 

69.     This does not apply to the Kaipātiki Local Board for the 2024/2025 financial year.

Funding for Locally Driven Initiatives (LDI)

70.     Local boards are allocated funding for local driven initiatives (LDI) annually, to spend on local projects or programmes that are important to their communities. Local boards have decision-making over the LDI funds but need approval from the Governing Body where:

·    the release of local board specific reserve funds is requested, which are being held by the council for a specific purpose

·    a LDI capital project exceeds $1 million.

71.     These conditions do not apply to the Kaipātiki Local Board for the 2024/2025 financial year.

Local board advocacy

72.     Local boards can also agree advocacy initiatives which considers the consultation feedback above. This allows the Governing Body to consider these advocacy items when making decisions on the Long-term Plan 2024-2034 in May. 

73.     The advocacy initiatives approved by the local board will then be included as an appendix to the 2024/2025 Local Board Agreement

Local board input on regional topics in the Long-term Plan 2024-2034

74.     Local boards have a statutory responsibility for identifying and communicating the interests and preferences of the people in its local board area in relation to Auckland Council’s strategies, policies, plans, and bylaws, and any proposed changes to be made to them. This report provides an opportunity for the local board to provide input on council’s proposed Long-term Plan 2024-2034.

75.     Local board plans reflect community priorities and preferences and are key documents that guide the development of local board agreements (LBAs), local board annual work programmes, and local board input into regional plans such as the Long-term Plan.

Tauākī whakaaweawe āhuarangi

Climate impact statement

76.     The decisions recommended in this report are part of the Long-term Plan 2024-2034 and local board agreement process to approve funding and expenditure over the next 10 years.

77.     Projects allocated funding through this Long-term Plan process will all have varying levels of potential climate impact associated with them. The climate impacts of projects Auckland Council chooses to progress, are all assessed carefully as part of council’s rigorous reporting requirements.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

78.     The Long-term Plan 2024-2034 is an Auckland Council Group document and will include budgets at a consolidated group level. Consultation items and updates to budgets to reflect decisions and new information may include items from across the group.

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

Local impacts and local board views

79.     The local board’s decisions and feedback are being sought in this report. The local board has a statutory role in providing its feedback on regional plans.

80.     Local boards play an important role in the development of the council’s Long-term Plan 2024-2034. Local board agreements form part of the Long-term Plan. Local board chairs have also attended Budget Committee workshops on the Long-term Plan.

Tauākī whakaaweawe Māori

Māori impact statement

81.     Many local board decisions are of importance to and impact Māori. Local board agreements and the Long-term Plan are important tools that enable and can demonstrate the council’s responsiveness to Māori Outcomes.

82.     Local board plans, developed in 2023 through engagement with the community including Māori, form the basis of local board area priorities.

83.     There is a need to continue to build relationships between local boards and iwi, and the wider Māori community. Ongoing conversations enable local boards and Māori to understand each other’s priorities and areas of mutual interest. Ongoing relationships influence and encourage Māori participation in council’s decision-making processes.

84.     Some projects approved for funding could have discernible impacts on Māori. For any project or programme progressed by Auckland Council, the potential impacts on Māori, will be assessed as part of relevant reporting requirements.

85.     Analysis of consultation feedback received on the proposed Long-term Plan includes submissions made by mana whenua, mataawaka organisations and the wider Māori community who have interests in the rohe / local board area.

86.     Ngā Mātārae led the council-wide approach to engagement with Māori entities.  This included:

·    Two information sessions for mana whenua

·    One information session for mataawaka organisations

·    Two submission workshops (to provide help with developing submissions)

·    A hearing style event for mana whenua, Māori organisations and community groups.

 

87.     Nineteen mana whenua entities have interests in the Auckland Council rohe. Fourteen of the 19 (73 per cent) responded to the Auckland Council’s proposals for the Long-term Plan 2024-2034.

88.     Of the 14 responses, seven entities responded to proposal 1a (overall direction for 10-year budget). These responses were not from mana whenua entities that have an interest in Kaipātiki Local Board.

89.     Ngāti Tamaterā Treaty Settlement Trust, Ngāti Whātua Ōrākei Trust and Te Kawerau Iwi Tiaki Trust all supported the central proposal or supported doing more and emphasised the need for increased levels of investment needed to achieve outcomes for Māori, to protect the taiao, and to ensure that services are retained.

90.     Ngāi Tai ki Tāmaki Trust, Ngāti Tamaoho and Ngātiwai Trust Board did not provide support to a particular proposal, but did provide feedback pertaining to the overall direction emphasising the need for council to focus on housing, and to engage more with iwi partners on significant decisions.

91.     A total of nine Mataawaka entities made a submission on the LTP. None were from Kaipātiki. Six of those entities addressed proposal 1a in their feedback.

92.     Two of these entities stated that they support proceeding with the central proposal but did not provide a reason. 

93.     The remaining four did not explicitly support the central proposal or doing less or doing more, and selected ‘other’ in their response. They stated that the LTP process should focus more on the concerns and aspirations of rangatahi and wāhine, and should address concerns around housing. These entities expressed that the proposal overlooks diverse values and perspectives, offering one-size-fits-all solutions without genuine consultation.

94.     No mana whenua or mataawaka entities addressed proposal 7a that referred to the Kaipātiki Local Board priorities in their submissions.

95.     Māori comprise 8.7 per cent of the population in the Kaipātiki Local Board area. Sixty-one submissions from people who identify as Māori were received from people residing in the Kaipātiki Local Board area. This represents 7 per cent of total submissions.

96.     In addition to answering LTP questions, the following mana whenua entities provided detailed written submissions outlining aspirations for their iwi and how they seek to work with council.

·    Te Kawerau Iwi Tiaki Trust

·    Ngāti Tamaterā Treaty Settlement Trust

·    Ngāti Whātua Ōrākei Trust

·    Waikato-Tainui

·    Ngāi Tai ki Tāmaki Trust

97.     The following mataawaka entities provided written submissions outlining their aspirations.

·    Te Whanau o Waipareira

·    Te Ohu Whakawhanaunga Tāmaki Makaurau

·    Te Kotahi a Tamaki Makaurau Marae Collective

Ngā ritenga ā-pūtea.

Financial implications

98.     The local board provides input to regional plans and proposals. There is information in the council’s consultation material for each plan or proposal with the financial implications of each option outlined for consideration.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

99.     The council must adopt its Long-term Plan, which includes local board agreements, by 30 June 2024. The local board is required to make recommendations on these local matters for the Long-term Plan by mid May 2024, to enable and support the Governing Body to make decisions on key items to be included in the Long-term Plan on 16 May 2024.

Ngā koringa ā-muri

Next steps

100.   Recommendations and feedback from the local board will be provided to the relevant Governing Body committee for consideration as part of decision-making for the Long-term Plan 2024-2034.

101.   The local board will approve its local content for inclusion in the final Long-term Plan 2024-2034 (including its local board agreement) and corresponding work programmes in June 2024.

102.   The final Long-term Plan 2024-2034 (including local board agreements) will be adopted by the Governing Body on 27 June 2024.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

1 May 2024 - Template for local board feedback on the Long-term Plan 2024-2034

29

      

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor

Lisa Kent - Local Board Engagement Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 

Kaipātiki Local Board feedback on Long-term Plan 2024-2034 regional topics

Overall direction for Long-term plan

Topic

Support / Do not support

Local board input

Pay less and get less

Central proposal

Pay more and get more

Overall direction for Long-term plan

 

 

 

 

Transport
Roads, public transport and safety improvements across the transport network

 

 

 

 

Water

Managing stormwater to minimise flooding and protect waterways

 

 

 

 

City and local

development

Delivering urban regeneration and lead development of the city centre

 

 

 

 

Environment and regulation

Protecting and restoring the natural environment

 

 

 

 

Parks and community

A wide range of arts, sports, recreation, library and community services including a fair level of funding for local boards

 

 

 

 

Economic and cultural development

Major events funding and economic development

 

 

 

 

Council support

Supporting the delivery of services, enabling effective governance, emergency management and grants to regional amenities

 

 

 

 

Transport Plan

Proposal

Support / Do not support

Local board input

Investing in rapid transit network actions, such as making it easier to pay, including introducing capped weekly public transport passes

 

 

Network optimisation, reducing temporary traffic management requirements and introducing dynamic lanes

 

 

Stopping some initiatives previously planned such as some raised pedestrian crossings and cycleways.

 

 

North Harbour Stadium

Proposal

Support / Do not support

Local board input

Keeping the stadium precinct as it is now, and maintaining it at a cost of $33 million over 10 years

 

 

Redeveloping the stadium precinct funded through the reallocation of $33 million and the sale of some stadium precinct land while retaining the existing community playing fields and any other external funding available

 

 

Change the operational management of the stadium to ensure greater use by the community (noting this option can be considered in addition to either of the options above)

 

 

Auckland Future Fund and Auckland Airport Limited Shares

Proposal

Support / Do not support

Local board input

Creating a diversified investment fund for Auckland (the Auckland Future Fund)

 

 

Transferring council’s shareholding of just over 11 per cent in Auckland International Airport Limited (AIAL) to the fund to enable the subsequent sale of any or all the shares

 

 

Ports of Auckland

Proposal

Support / Do not support

Local board input

Keeping underlying ownership of the port land and wharves but entering into a lease for the port operations for a period of 35 years

 

 

Continuing to operate under the current arrangements and delivering more profits and dividends

 

 

If the council group continues to operate the Port of Auckland continuing to use the profits and dividends to fund council services

 

 

If the council group continues to operate the Port of Auckland, investing the profits and dividends in the proposed Auckland Future Fund

 

 

Any other aspects of the proposal including in relation to self-insurance, and implementation options for the proposed Auckland Future Fund and possible changes to the council’s shareholding in Port of Auckland Limited and to the ownership of the Port Land

 

 

Port Land

Proposal

Support / Do not support

Local board input

Captain Cook and Marsden wharves transferred to council within 2-5 years

 

 

The Bledisloe Terminal site transferred to council for use in another way within 15 years

 

 

Changes to other rates, fees and charges

Proposal

Support / Do not support

Local board input

Resuming the Natural Environment Targeted Rate (NETR) and extending it to 2034/2035

 

 

Resuming the Water Quality Targeted Rate (WQTR) and extending it to 2034/2035

 

 

Broadening the description of bus services funded by the Climate Action Transport Targeted Rate (CATTR) to reduce the need to consult each year for minor changes to the bus programme

 

 

Discontinuing the Long-Term Differential Strategy and raising the share of NETR, WQTR and CATTR paid by businesses to align with their share of the general rate

 

 

Changing the Rodney Drainage Districts Targeted Rate

 

 

Increasing the Waitākere Rural Sewerage Targeted Rate from $296.75 to $336.80 (per year)

 

 

Applying the Recycling Targeted Rate to all schools

 

 

Continuing the planned roll out of rates funded refuse collections to the North Shore, Waitākere and Papakura in 2024/2025, and Franklin and Rodney in 2025/2026

 

 

New fees to recover the cost of processing new requirements under the Building (Dam Safety) Regulations 2022

 

 

Increased deposit levels for a number of consenting fees

 

 

Increased film-permitting fees to adjust for cumulative inflation since 2015

 

 

Adjusted fees for all services provided from pool and leisure centres to ensure an appropriate level of cost recovery

 

 

baseline fees across similar venue hire and bookable spaces so that they are charged appropriately

 

 

Other matters

Proposal

Support/Do not support

Local board input

Tūpuna Maunga Authority Operational Plan 2023/2024

 

 

Fairer funding - Local Board Funding Policy moving to the fairer funding model (include whether there is support for ‘pay more get more’ and ‘pay less get less’ options)

 

 

 

Kaipātiki Local Board key advocacy initiatives

Initiative

Description

 

 

 

 

 


Kaipātiki Local Board

01 May 2024

 

 

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

File No.: CP2024/04366

 

  

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 (refer to Attachment A of the agenda report) 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 Kaipātiki 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 of the agenda report.

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.

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

Further consideration is required for some parks disposals

19.     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

20.    The report to the Governing Body in 2021 [resolution number 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.

21.     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.

22.     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

23.     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.

24.     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.

25.     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”.

26.     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”.

27.     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.

28.     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.

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

30.     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

31.     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

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

33.     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

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

35.     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

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

37.     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

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

39.     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

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

41.     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

42.     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

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

44.     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.

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

46.     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

1 May 2023 – Kaipātiki Local Board business meeting - Decision-making responsibilities of Auckland Council's Governing Body and local boards

43

     

Ngā kaihaina

Signatories

Authors

Christie McFadyen – Principal Advisor – Governance Strategy

Authorisers

Louise Mason - General Manager Local Board Services

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 









Kaipātiki Local Board

01 May 2024

 

 

Kaipātiki Local Board feedback on the implementation of the National Policy Statement for Freshwater Management 2020 in Tāmaki Makaurau / Auckland.

File No.: CP2024/03126

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide Kaipātiki Local Board’s feedback on the implementation of the National Policy Statement for Freshwater Management 2020 in Tāmaki Makaurau / Auckland.

Whakarāpopototanga matua

Executive summary

2.       The National Policy Statement for Freshwater Management 2020 (NPS-FM) directs the council to develop a plan to maintain or improve the state of freshwater in Auckland. In developing that plan, the council is required to actively involve tangata whenua (to the extent they wish to be involved) and to engage with communities.

3.       On the Kaipātiki Local Board 20 March 2024 business meeting agenda there was a report which provided an overview of the feedback received through the second phase of public consultation to inform how freshwater should be managed in Auckland.

4.       The work is part of the programme to implement the National Policy Statement for Freshwater Management 2020 (NPS-FM), which provides national direction for freshwater management to all councils in New Zealand, and applies to rivers, streams, lakes, wetlands, aquifers (groundwater), and springs.

5.       Consultation questions relate to a wide range of matters, not limited to the proposed long-term vision for freshwater in Auckland, freshwater values and outcomes, how to look after ‘outstanding’ waterbodies, how to protect and improve habitats, and how to manage the increasing demand for water. There were 3,899 submissions. Responses by local board area were included in relevant tables throughout the summary of feedback.

6.       When the consultation was held (from 3 November to 4 December 2023), the Resource Management Act 1991 (RMA) statutory deadline for council to notify a freshwater plan change to the Auckland Unitary Plan (AUP) was 31 December 2024. The government has since signalled an intent to amend the NPS-FM and has moved the plan change deadline to December 2027. A revised NPS-FM is anticipated by the end of 2025.

7.       While there may be a longer-term impact on the council’s implementation programme, at this stage consultation feedback remains relevant and will inform any future work.

8.       Feedback from local boards was required by Friday 12 April 2024 to be incorporated into the summary of feedback for consideration by the programme steering committee, the PS-FM political working group and the Planning/Environment and Parks Committee.  

9.       At its business meeting on 20 March 2024, the Kaipātiki Local Board received a report on local board feedback on freshwater management in Tāmaki Makaurau / Auckland. At this meeting Member Adrian Tyler was delegated authority for preparing local board feedback on freshwater management in Tāmaki Makaurau / Auckland (resolution number KT/2024/44), noting that:

i)       feedback received by Friday 12 April 2024 will be incorporated into the summary of feedback for consideration by the programme steering committee, the NPS-FM political working group and the Planning/Environment and Parks Committee;

ii)       proposed board feedback will be circulated to all members via email for comment and indicative approval prior to it being submitted; and

iii)      finalised board feedback will be placed on the next available business meeting agenda for noting purposes.

10.     The feedback submitted on behalf of the Kaipātiki Local Board is provided in Attachment A of this agenda report.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the feedback on the implementation of the National Policy Statement for Freshwater Management 2020 in Tāmaki Makaurau / Auckland as provided in Attachment A to this agenda report.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

1 May 2024 - Kaipātiki Local Board business meeting - Kaipātiki Local Board Feedback for NPS-FW

53

      

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 







Kaipātiki Local Board

01 May 2024

 

 

Urgent Decision: Kaipātiki Local Board Feedback on Fast-track Approvals Bill

File No.: CP2024/04679

 

  

Te take mō te pūrongo

Purpose of the report

1.       To receive the decision made using the local board’s urgent decision-making process (resolution number KT/2022/227) to provide local board input for inclusion in Auckland Council’s submission on the Fast-track Approvals Bill.  

Whakarāpopototanga matua

Executive summary

2.       In December 2023, the government repealed all aspects of the previous government’s resource management legislation except the fast-track consenting regime in the Natural and Built Environment Act 2023 (NBEA).

3.       The government introduced the Fast-track Approvals Bill under urgency on 7 March 2024, with the intention to facilitate infrastructure and major projects that have significant regional or national benefits. The Bill is with the Environment Select Committee. Submissions to which closed on 19 April 2024.

4.       Council staff prepared a draft submission for consideration by the Planning, Environment and Parks Committee and a memo was provided which set out initial areas of focus for the local board members to consider in their submission:

·        Natural justice and loss of local voice: no transparency regarding listed projects to be fast-tracked; Auckland’s prohibited activity rules can be set aside; little involvement for local authorities on significant applications; peri-urban projects may be enabled contrary to council’s Future Development Strategy, and impact on Local Government Act budgeting and infrastructure financing and growth decisions.

·        Risk of unplanned development reliant on council infrastructure for which there is no financing with consequential financial and level of service impacts with governance decisions required.

·        Poor environmental outcomes: proposal to enable multiple approval types under standalone legislation is unsupported by evidence / analysis and relevant statutory considerations are secondary to the Bill’s sole fast-tracking project facilitation purpose. The Bill is likely to enable significant negative impacts on environmental outcomes with little public or independent oversight and accountability.

·        Range of matters subject to further analysis by the council’s submission project team.

 

5.       The Bill upholds existing Treaty settlements and other arrangements such as joint management agreements.

6.       The purpose of the Bill takes precedence over considerations in other legislation. Projects that are inconsistent with RMA national direction can be approved under this Bill, likewise approvals on conservation land inconsistent with conservation strategies.

7.       The Bill prevents fast-tracking of certain projects, or projects in certain areas, such as national parks.

8.       Projects will become eligible for fast-tracking through one of two ways either because they are listed in the legislation or by the joint decision of the Ministers of Infrastructure, Regional Development and Transport.

9.       The Bill omits any listed projects, but the government intends the Bill to pass into law with a list of projects that can go directly on the fast-track. The process to nominate projects for inclusion was announced on 3 April 2024. The government will establish a Fast-track Advisory Group to provide advice on what projects should be included in the legislation. 

10.     Once a project has been referred into the fast-track process, or it is automatically eligible because it is a listed project, it will be considered by an expert panel. Notification cannot occur although Ministers and panels must seek comments from entities listed in the Bill (e.g. local authorities and Māori groups). Hearings are optional. Each panel must write a recommendation report and recommend relevant conditions (if recommending approval) 25 working days after receiving comments.

11.     The joint Ministers will either approve the project (with conditions) or decline the project. Ministers may refer a project back to a panel to clarify any recommendation. The Ministers may commission additional advice or seek further comments from any parties.

12.     Appeals on Ministers’ decisions will be limited to points of law to the High Court.

13.     Applicants (except for listed projects) will be required to engage with relevant local authorities and Māori groups prior to requesting a fast-track process.

14.     Local boards were given the opportunity to provide feedback on the Fast-track Approvals Bill. Formal feedback from local boards needed to be received by 12 April 2024 to be incorporated, or by 17 April 2024 to be appended to the submission as the closing date for central government was 19 April 2024.

15.     The next Kaipātiki Local Board business meeting is scheduled for 1 May 2024; therefore, the urgent decision process was used to formalise the local board’s feedback.

16.     More information on the Fast-track Approvals bill can be found here.

17.     A copy of the final Kaipātiki Local Board feedback approved under urgent decision can be found in Attachment A of this report.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the urgent decision made on 17 April 2024 as set out in Attachment A of this agenda report, providing local board feedback on the Fast-track Approvals Bill

Ngā tāpirihanga

Attachments

No.

Title

Page

a

1 May 2024 - Kaipātiki Local Board business meeting - Urgent Decision of the Kaipātiki Local Board Fast-Track Approvals Bill

63

      

Ngā kaihaina

Signatories

Authors

Ann Kuruvilla - Local Board Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 




Kaipātiki Local Board

01 May 2024

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2024/04379

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 

Members' Reports

File No.: CP2024/04380

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note any verbal reports of members.

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

01 May 2024

 

 

Governing Body and Houkura Independent Māori Statutory Board

File No.: CP2024/04381

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Houkura Independent Māori Statutory Board members to update the board on Governing Body or Houkura Independent Māori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Houkura Independent Māori Statutory Board members’ verbal updates.

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Jacinda Gweshe - Democracy Advisor

Authorisers

Trina Thompson - Local Area Manager

 

 


 

 


Kaipātiki Local Board

01 May 2024

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Kaipātiki Local Board

a)      whakaae / agree to exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Kaipātiki Local Board Early Childhood Education Services Update (Covering report)

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains site-specific commercial information, which if released would impact the ability to reasonably negotiate (which is a possible outcome of the report).

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.