Agenda of Puketāpapa Local Board - Thursday, 15 August 2024

Puketāpapa Local Board

15 August 2024

Kōkiri Agreement 2024-2025 - A plan for Auckland Transport project and programme engagement

File No.: CP2024/10008

Te take mō te pūrongo

Purpose of the report

1. To seek endorsement for the Puketāpapa Local Board Kōkiri Agreement 2024-2025, which provides a plan for Auckland Transport work programme engagement.

Whakarāpopototanga matua

Executive summary

2. The Auckland Transport Local Board Relationship Project (LBRP) aims to create a more structured and effective process for local boards to engage with and influence Auckland Transport projects and programmes.

3. Developing a Kōkiri Agreement is an annual process within the LBRP. It involves providing advice on Auckland Transport’s plans, seeking feedback from the local board, responding to this feedback, and establishing an endorsed plan for engaging on work in the local board area.

4. This report presents the first annual Kōkiri Agreement (Attachment A) to the local board. Auckland Transport is seeking endorsement of the agreement.

5. Auckland Transport will report quarterly on the Kōkiri Agreement starting in September 2024.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) endorse the levels of engagement established by Auckland Transport in the Puketāpapa Local Board Kōkiri Agreement 2024-2025.

b) endorse the levels of engagement established by Auckland Transport in the Puketāpapa Local Board Kōkiri Agreement 2024-2025 with the following comments or requests:

i) XYZ

c) does not endorse the levels of engagement established by Auckland Transport in the Puketāpapa Local Board Kōkiri Agreement 2024-2025 and provides the following comments or requests:

i) XYZ

Horopaki

Context

Project Kōkiri

6. In mid-2023, Project Kōkiri was initiated to build a more structured and supportive relationship between local boards and Auckland Transport (AT).

7. Project Kōkiri is part of the Auckland Transport Local Board Relationship Project (LBRP) work, which responds to the 2020 Review of Auckland Council’s Council-controlled Organisations. The review highlighted the need for local boards and AT to work more meaningfully and collaboratively.

8. Since 2020, AT has taken steps to improve information flow and local board decision-making, including:

· instituting an annual forward works programme briefing for all local boards

· increasing the number of updates sent to local boards

· providing local board insights in all project engagement

· reporting on the CCO Joint Engagement Plan (2022-2023).

9. AT established the LBRP in mid-2023 to improve engagement with local boards. AT started an annual programme of interaction that provides a better basis for communication and for understanding roles, responsibilities, limitations, and opportunities.

10. The new process – outlined in Table One – takes learnings from the CCO Joint Engagement Plan and builds an annual engagement structure, with levels of engagement captured in the local board’s Kōkiri Agreement (local board transport agreement).

Table One: Process for delivering Kōkiri Agreements:

Oct-Nov 2023	AT provided local boards with advice about AT’s work programme in the 2024-2025 financial year (forward work programme brief).
March 2024	Local boards provided formal feedback on AT’s work programme, including stating: a) the level of engagement preferred on a particular project or programme b) any projects that were not presented in the forward works programme that the local board would like AT to consider c) if there are projects that the local board does not believe the community will support.
May 2024	AT responded to these requests in a memo (Attachment B).
July 2024	This report seeks endorsement of the local board’s Kōkiri Agreement (Attachment A).
Ongoing	AT will provide quarterly progress reports about the projects and programmes in the Kōkiri Agreement, starting September 2024.

11. Auckland Transport aims for local boards to have a clear structure for engagement. This provides opportunities for local boards to influence Auckland Transport’s work programme through organised formal feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

12. The Kōkiri Agreement prioritises the projects or programmes that are most important to the local board. This clear prioritisation provides Auckland Transport with valuable insights into the local board’s transport-related objectives, in addition to the objectives provided in the local board plan. AT reviews this input to inform its planning and, if necessary, to offer better explanations for why certain projects or programmes cannot be delivered.

13. Auckland Transport’s planning has some flexibility, and with clear information about expectations, the organisation can better meet the needs of local boards and the communities they serve.

14. The LBRP and Kōkiri Agreements aim to enhance communication between Auckland Transport and local boards, fostering better relationships and improved local outcomes. Endorsement by the local board signifies mutual commitment to the project. If a local board chooses not to endorse the agreement, AT will continue to deliver upon the expectations established in the agreement, including reporting quarterly on progress.

15. Local boards will have opportunity to provide formal views on the contents of the Kōkiri Agreement through this report and subsequent quarterly reports.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16. Auckland Transport engages closely with the council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan and the council’s priorities.

17. AT reviews the potential climate impacts of all projects and works hard to minimise carbon emissions. AT’s work programme has been influenced by council direction through Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. Project Kōkiri was developed working closely with local board staff from the Auckland Council’s Governance and Engagement Department.

19. Project Kōkiri is a product of the Local Board Relationship Project which was in response to a 2022 ‘Letter of Expectation’ directive from the mayor that stated in part that:

“The Statement of Intent 2023-2026 must set out how AT will achieve closer Local Board involvement in the design and planning stage of local transport projects that affect their communities.”

20. Project Kōkiri aims to meet this direction and seeks local board feedback regularly. AT also surveys local board members quarterly about engagement, providing an indication of satisfaction. Auckland Transport has reported regularly on the project to the Local Board Chair’s Forum.

21. Further, this work relies on historical engagement with both Auckland Council and with other CCOs and builds off the Joint CCO Engagement Plans 2022-2023.

22. AT will use the Kōkiri Agreement to inform internal teams delivering projects and programmes about the local board’s priorities and expectations for engagement.

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

Local impacts and local board views

23. AT provided the local board with a forward works programme briefing on 23 November 2023 to receive quality advice on the work programme.

24. The response from both elected members and staff supporting local boards has been positive. Local boards have been specifically supportive of the large amount and quality of information provided in the briefings, the detailed discussion with subject matter experts, and attendance at workshops by AT executive leaders.

25. There was an additional workshop on 29 February 2024 with the AT Elected Member Relationship Manager to discuss the proposed programme and help support local boards to develop their views.

26. This local board provided its feedback on the proposed programme and their priorities in a business meeting report on 21 March 2024.

27. AT responded to this formal feedback by memorandum (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

28. Auckland Transport is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations in being more responsible or effective to Māori.

29. AT’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua iwi in delivering effective and well-designed transport policy and solutions for Auckland. We also recognise mataawaka and their representative bodies and our desire to foster a relationship with them. This plan is available on the Auckland Transport website - https://at.govt.nz/about-us/transport-plans-strategies/maori-responsiveness-plan/#about

Ngā ritenga ā-pūtea

Financial implications

30. This decision has no financial implications for the local board because Auckland Transport funds all projects and programmes.

31. Local boards do have a discretionary transport budget through the local board transport capital funds, and these projects are included in the Kōkiri Agreement. However, their financial implications are reported separately.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. Delays in making decisions on this programme of work could result in significant financial costs for Auckland Transport and consequently, for the ratepayer.

Ngā koringa ā-muri

Next steps

33. Auckland Transport will use the Kōkiri Agreement to inform internal teams delivering projects and programmes about the local board’s priorities and expectations for engagement.

34. AT will report on the Kōkiri Agreement quarterly, starting in September 2024.

35. In October or November 2024, AT will conduct its annual forward work programme process to develop the Kōkiri Agreement 2025-2026.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Puketāpapa Local Board Kōkiri Agreement 2024-2025	13
b ⇩	AT memo: Response to local board feedback towards development of local board transport plan (Kōkiri Agreement)	23

Ngā kaihaina

Signatories

Author

Ben Stallworthy – Principal Advisor Strategic Relationships, Auckland Transport

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Nina Siers – Local Area Manager

Puketāpapa Local Board

15 August 2024

Proposed new community lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South

File No.: CP2024/10409

Te take mō te pūrongo

Purpose of the report

1. To grant a new community ground lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South.

Whakarāpopototanga matua

Executive summary

2. Eden Roskill District Cricket Club (the club) seeks a new community ground lease to continue occupation and operation from the tenant-owned building at Keith Hay Park South, 13 Noton Road, Mount Roskill South.

3. The club holds a ground lease which will reach final expiry on 23 September 2024.

4. The new lease was identified and approved by the local board as part of the Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (resolution PKTPP/2024/115).

5. The club aims to foster youth, sportsmanship, excellence, and professionalism on the cricket field and in the community. This activity aligns with the Puketāpapa Local Board Plan 2023 outcome, “Our communities have the places and activities that enhance their lifestyles”.

6. The club has provided all required information, including financials showing that it has sufficient funds and is being managed appropriately. The club has all the necessary insurance cover, including public liability and building insurance, in place.

7. A site visit has been undertaken and the building appears to be well managed and maintained.

8. As this is a club-owned building, they have an automatic right to re‑apply for a new lease at the end of their occupancy term.

9. The proposed new community lease to Eden Roskill District Cricket Club for the land at Keith Hay Park South was publicly notified. The notification appeared in the Central Leader on 27 June 2024 and the Auckland Council website with a submission deadline of 26 July 2024. No submissions or responses were received.

10. Iwi engagement is required and took place in December 2023. No objections have been received.

11. Staff engaged with the council’s internal stakeholders, and they are all supportive of the proposed lease.

12. A Community Outcomes Plan has been agreed upon and will be appended to the lease as a schedule of the lease agreement.

13. This report recommends that a new community ground lease be granted to Eden Roskill District Cricket Club for a term of 5 years commencing from the 24 September 2024 with one 5 year right of renewal.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) karaati / grant under Section 54(1)(b) of the Reserves Act 1977, a new community ground lease to Eden Roskill District Cricket Club for 781 square meters (more or less) located at 13 Noton Road, Mount Roskill South on the land legally described as Allot 78 Sec 13 Suburbs of Auckland and Section 2 SO 518562 (as per Attachment A – Site Plan - Eden Roskill District Cricket Club at 13 Noton Road, Mount Roskill South), subject to the following terms and conditions:

i) term – 5 years, commencing 24 September 2024, with one 5 year right of renewal

ii) rent – $1,300 plus GST per annum

iii) Community Outcomes Plan - to be appended to the lease as a schedule of the lease agreement (as per Attachment B – Community Outcomes Plan).

b) whakaae / approve all other terms and conditions to be in accordance with the Reserves Act 1977, the Auckland Council Community Occupancy Guidelines 2012 (Updated July 2023), and the Auckland Council standard form community lease agreement.

c) tuhi ā-taipitopito / note that public notification and iwi engagement for Auckland Council’s intention to grant a new community lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South has been undertaken.

d) tuhi ā-taipitopito / note that no objections to the notified proposal of the new community lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South were received.

Horopaki

Context

14. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

15. The Puketāpapa Local Board approved the Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (resolution PKTPP/2024/115).

16. The progression of this lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South was part of the approved work programme. This report considers the new community lease as approved on the work programme.

Land, building and lease

17. Keith Hay Park South is located at 13 Noton Road, Mount Roskill South (refer to Attachment A - Site Plan - Eden Roskill District Cricket Club at 13 Noton Road, Mount Roskill South). The land is legally described as Allot 78 Sec 13 Suburbs of Auckland and Section 2 SO 518562 (recreation reserve).

18. Allot 78 Sec 13 Suburbs of Auckland and Section 2 SO 518562 is held in fee simple by Auckland Council as a classified recreation reserve under the Reserves Act 1977.

19. Eden Roskill District Cricket Club holds a community ground lease for the group-owned building on council owned land situated at Keith Hay Park South, 13 Noton Road, Mount Roskill South.

20. The area proposed to be leased is 781 square meters (more or less) as outlined in Attachment A – Site Plan - Eden Roskill District Cricket Club at 13 Noton Road, Mount Roskill South.

21. For a group owned building, all operational and maintenance costs are borne by the lessee. These costs are funded from membership fees, fundraising and private hire.

22. The building is primarily used by the club to provide cricket development, enhance cricket skills and provide a platform to participate in district cricket tournaments.

23. These programmes provide an opportunity for youth to develop sportsmanship, excellence and professionalism on the cricket field and in the community.

Eden Roskill District Cricket Club

24. Eden Roskill District Cricket Club was established in 1903 and its primary objective is to provide cricket development, enhance cricket skills and provide a platform to participate in district cricket tournaments.

25. The club has 1035 members, of which 79 members are tamariki aged between 0 and 13; 129 youth between 14 and 21 years of age; 787 adults between the ages of 22 and 65; and 40 members aged 65 and over. Of the total membership, 85 per cent are male and 15 per cent are female members.

26. The club does not have full time staff, but has one part-time employed staff member, 15 full time volunteers and 25 part-time volunteers.

27. The tenant has been operating from this site since September 2009. The building is in a good condition.

28. The club’s current community lease with the council commenced 24 September 2009 and will finally expire on 23 September 2024.

Tātaritanga me ngā tohutohu

Analysis and advice

29. Under the Community Occupancy Guidelines 2012 (updated July 2023), groups that own their own buildings have an automatic right to re‑apply for a new lease at the end of their occupancy term. Eden Roskill District Cricket Club is exercising this right by applying for a new lease.

30. The local board has discretion to vary the term of the lease if it wishes. However, the guidelines suggest that where the term is varied, it aligns to one of the recommended terms.

Public notification and engagement

31. As there is no adopted reserve management plan, public notification is required under the Reserves Act 1977 prior to any lease being granted. Iwi engagement is also required under the terms of section 4 of the Conservation Act 1987 prior to any lease being granted.

32. The proposed new community ground lease to the Eden Roskill District Cricket Club for the land at Keith Hay Park South, 13 Noton Road, Mount Roskill South was publicly notified. The notification appeared in the Central Leader newspaper on 27 June 2024 and the Auckland Council website’s Have Your Say webpage with a submission deadline of 26 July 2024.

33. The cost of the public notification was met by the Parks and Community Facilities department of the council.

34. No submissions or responses to the notified proposal were received.

Assessment of the application

35. The club has submitted a comprehensive application supporting the new lease request and is able to demonstrate its ability to deliver cricket sport activities and services.

36. The club has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

37. The club has all necessary insurance cover, including public liability and building insurance, in place.

38. A site visit has been undertaken by staff and the facility is well managed and maintained.

39. The club provides a valuable service to the local community by providing programmes for learning the sport of cricket, enhancing cricket skills, and providing a platform to participate in district cricket tournaments. These programmes provide an opportunity for youth to develop sportsmanship, excellence, and professionalism on the cricket field and in the community.

40. A Community Outcomes Plan has been negotiated with the Eden Roskill District Cricket Club to identify the benefits it will provide to the community. This will be attached as a schedule to the lease agreement and is attached to the report as Attachment B – Community Outcomes Plan.

41. Auckland Council’s Community Occupancy Guidelines 2012 (Updated July 2023) sets out the requirements for community occupancy agreements and the community outcomes plan will be included as part of the lease agreement if approved by the local board.

42. Staff recommend that a new community lease be granted to Eden Roskill District Cricket Club for a term of 5 years commencing from 24 September 2024 with one 5 years right of renewal.

Tauākī whakaaweawe āhuarangi

Climate impact statement

43. It is anticipated that activation of the building/park will not result in an increase of greenhouse gas emission. The shared space will enable people to enjoy positive healthy lifestyles and will increase capability and connections within the local community.

44. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

45. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which 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.

46. Climate change has a likely potential to impact the lease, as part of the leased area is located in a flood-sensitive zone. The club has been informed of this site being subject to flood risk.

Graph 1: Community lease location of a flood plain area

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

47. Council staff from within the Community Directorate have been consulted. They are all supportive of the proposed lease.

48. The proposed new lease has no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

49. The assessment of the application was discussed with the Puketāpapa Local Board at its workshop on 26 October 2023 and 13 June 2024. The local board indicated its in principle support for the lease proposal.

50. The delivered activities align with the Puketāpapa Local Board Plan 2023 outcome, “Our communities have the places and activities that enhance their lifestyles”.

Tauākī whakaaweawe Māori

Māori impact statement

51. Iwi engagement about the council’s intention to grant a new community lease for 13 Noton Road, Mount Roskill South was undertaken in December 2023 with the iwi groups who are part of Central/West Mana Whenua Forum identified as having an interest in land in the Puketāpapa Local Board area.

52. The engagement involved an email to all iwi identified as having an interest in the area, containing detailed information on the land, the lessee, the lease proposal as per Section 4 of the Conservation Act 1987.

53. Staff have not received any queries or responses by the closing date of 26 January 2023.

54. The club has agreed to complete the Community Outcomes Plan which will deliver Māori Outcomes that reflect their local community.

55. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

56. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan (operative in part), individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

57. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

58. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests, and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

59. Staff have consulted with the Financial Strategy and Planning Department of council. No concerns were raised regarding the financial implications for the new lease to the club for the group-owned building at 13 Noton Road, Mount Roskill South.

60. All costs relating to the advertisement of the council’s intention to grant the proposed lease will be borne by the Parks and Community Facilities Department of the council.

61. On 8 June 2023, the 2023/2024 Annual Budget was approved by the Governing Body, which included changes to the Community Occupancy Guidelines of the rent fee for a community ground lease from $1 per annum to $1,300 plus GST per annum effective from 1 July 2023.

62. If the local board chooses to retain the level of rent at $1, there will be no requirement for the local board to top up the community lease revenue. However, the local board will not have the benefit of the additional revenue of $1,299 per annum over the initial term of the lease. The level of rent can be reviewed on renewal of the lease and at the expiry of the initial term.

63. Ongoing maintenance of the group owned asset at 13 Noton Road, Mount Roskill South will be covered by the lessee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

64. Should the local board resolve not to grant the proposed community ground lease to Eden Roskill District Cricket Club at Keith Hay Park South, 13 Noton Road, Mount Roskill South, the club’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome.

65. The new lease affords the groups security of tenure, enabling them to attend to the scheduled maintenance of the facility.

Ngā koringa ā-muri

Next steps

66. If the local board resolves to the grant the proposed new community ground lease, staff will work with Eden Roskill District Cricket Club to finalise the lease agreement in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A: Site plan for Eden Roskill Cricket Club	39
b ⇩	Attachment B: Community Outcomes Plan	41

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Community lease renewal to the Auckland Kindergarten Association for land at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill

File No.: CP2024/10469

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a renewal of the community lease to the Auckland Kindergarten Association for land at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill.

Whakarāpopototanga matua

Executive summary

2. Auckland Kindergarten Association (group) seeks a community lease renewal to continue occupation and operation from the tenant-owned building at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill.

3. The group currently holds the lease on the ground which commenced on 1 April 2015 with one right of renewal of 10 years. The lease will reach final expiry on 31 March 2035.

4. The renewal of this lease was identified and approved by the local board as part of the Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 meeting (Resolution number PKTPP/2024/115).

5. The group aims to provide early childhood care (ECE) services to young children between the ages two and five years of age. The group aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth. These activities align with the local board plan 2023: ‘Our community - People can access places and services that cater for their need.

6. The group has provided all required information, including financials showing that it has sufficient funds and is being managed appropriately. The group has all the necessary insurance cover, including public liability and building insurance, in place.

7. Staff have assessed the renewal application and all conditions of the renewal have been met by the applicant. A site visit was undertaken on the 27 June 2024 and the facility appears to be in good condition and is well maintained.

8. The lease renewal for the group was discussed at a workshop with the local board on the 13 June 2024.

9. This report recommends that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing from 1 April 2025.

10. If the local board decides to grant the lease renewal, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That That the Puketāpapa Local Board:

a) karaati / grant under Section 61 (2B) of the Reserves Act 1977, a community lease renewal to Auckland Kindergarten Association for 867 square metres (more or less) located at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill on the land legally described as Lot 15 Deposited Plan 17659 contained in NA130/157 (as per Attachment A – Site Plan - Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill), subject to the following terms and conditions:

i) term – 10 years, commencing 1 April 2025

ii) rent – $1,300 plus GST per annum.

Horopaki

Context

11. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

12. The Puketāpapa Local Board approved the Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (Resolution number PKTPP/2024/115).

13. The renewal of this lease to Auckland Kindergarten Association at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill was part of the approved work programme. This report considers the community lease renewal as approved on the work programme.

Land, building/s and lease

14. Bob Bodt Reserve is located at 1327 Dominion Road Extension, Mount Roskill (refer to Attachment A Site Plan - Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill). The land is legally described as Lot 15 Deposited Plan 17659 contained in NA130/157 (local purpose reserve - community buildings).

15. Lot 15 Deposited Plan 17659 contained in NA130/157 is held in fee simple (owned) by Auckland Council as a classified local purpose (community buildings) reserve under the Reserves Act 1977.

16. Auckland Kindergarten Association holds a community ground lease for the group owned building on the council owned land situated at Bob Bodt Reserve.

17. The area proposed to be leased is 867 square metres (more or less) as outlined in Attachment A – Site Plan - Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill.

18. For a group owned building, all operational and maintenance costs are borne by the lessee. These costs are funded from membership fees, fundraising and sponsorships.

19. The building is primarily used by the group to provide early childhood care (ECE) services to young children between the ages two and five years of age.

20. These programmes provide nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

Auckland Kindergarten Association

21. Auckland Kindergarten Association was established in October 1908 and its primary purpose/objective is to provide free kindergarten services to Auckland.

22. The group has a total of 5127 children between the ages of two and five years of age and operates from Monday to Friday.

23. The group has 410 paid staff and 546 part time staff.

24. The group engages in fundraising activities and seek community donations to sustain and supplement their income.

25. The tenant has been operating from this site since April 2015 and the building is in a good condition.

26. The group’s current community lease with the council commenced on 1 April 2015 with one right of renewal of 10 years and will reach final expiry on 31 March 2035.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessment of the application

27. The group has submitted a comprehensive application supporting the lease renewal request and is able to demonstrate its ability to deliver early childhood education services.

28. The group has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

29. The group has all necessary insurance cover, including public liability and building insurance, in place.

30. A site visit has been undertaken by staff and the facility is well managed and maintained.

31. The group provides a valuable service to the local community by providing early childhood care (ECE) services to young children between the ages two and five years of age. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

32. Auckland Council’s Community Occupancy Guidelines 2012 (Updated July 2023) sets out the requirements for community occupancy agreements.

33. Staff recommend that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing 1 April 2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

34. It is anticipated that activation of the building/park will not result in an increase of greenhouse gas emission. A shared workspace/community space will however decrease overall energy use, as users will not consume energy at individual workspaces. The shared space will provide opportunity and enable people to enjoy positive healthy lifestyles and will increase capability and connections within local community.

35. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

a. use sustainable waste, energy and water efficiency systems

b. use eco labelled products and services

c. seek opportunities to reduce greenhouse gas emissions from lease-related activities.

36. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

a. to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

b. to prepare the region for the adverse impacts of climate change.

37. Climate change has an unlikely potential to impact the lease, as no part of the leased area is located in a flood-sensitive or coastal inundation zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

38. Council staff from within the Community Directorate (Parks and Community Facilities Operational Management, Specialist Operations, Active Recreation and Community Empowerment) have been consulted. They are supportive of the proposed lease as it will provide sports and recreation activities to benefit the community.

39. The community lease renewal has no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

40. The lease renewal will benefit the community by enabling initiatives that promote early childhood education activities that will be delivered from Bob Bodt Reserve. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth for the Puketāpapa Local Board area and its surrounding communities.

41. The assessment of the application was workshopped with the local board on 13 June 2024. The local board indicated its in principle support of the lease proposal.

42. The delivered activities align with the Puketāpapa Local Board Plan 2023 priority area: ‘Our community - People can access places and services that cater for their need.

Tauākī whakaaweawe Māori

Māori impact statement

43. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

44. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

45. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

46. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

47. Staff have consulted with the Financial Strategy and Planning Department of council. No concerns were raised regarding the financial implications regarding the lease renewal to this group for their group-owned building at 1327 Dominion Road Extension, Mount Roskill.

48. On the 8 June 2023 the annual budget was approved by the governing body which included changes to the Community Occupancy Guidelines of the rent fee for a community ground lease from $1 per annum to $1,300 plus GST per annum effective from 1 July 2023.

49. If the local board chooses to retain the level of rent at $1, there will be no requirement for the local board to top up the community lease revenue budget. However, the local board will not have the benefit of the additional revenue of $1299 plus GST per annum over the renewal term of the lease.

50. Ongoing maintenance of the asset will be covered by the lessee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

51. Should the local board resolve not to grant the proposed community lease renewal to Auckland Kindergarten Association at Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome/s.

52. The lease renewal affords the groups security of tenure, enabling them to attend to the scheduled maintenance of the facility.

Ngā koringa ā-muri

Next steps

53. If the local board resolves to grant the community lease renewal, staff will work with the Auckland Kindergarten Association to finalise the lease agreement in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan - Bob Bodt Reserve, 1327 Dominion Road Extension, Mount Roskill	49

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Community lease renewal to Auckland Kindergarten Association for land at Lynfield Reserve, 108 Halsey Drive, Lynfield

File No.: CP2024/10693

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Puketāpapa Local Board to grant a renewal of the community lease to the Auckland Kindergarten Association for land at Lynfield Reserve, 108 Halsey Road, Lynfield.

Whakarāpopototanga matua

Executive summary

2. Auckland Kindergarten Association (group) seeks a community lease renewal to continue occupation and operation from the tenant-owned building at Lynfield Reserve, 108 Halsey Road, Lynfield.

3. The group currently holds the lease on the ground which commenced on 1 April 2015 with one right of renewal of 10 years. The lease will reach final expiry on 31 March 2035.

4. The renewal of this lease was identified and approved by the local board as part of the Customer and Community Services: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (Resolution number PKTPP/2024/115).

5. The group provides early childhood education (ECE) services to young children between two and five years of age. The group aims to create nurturing, stimulating environment where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth. These activities align with the Puketāpapa Local Board Plan 2023: Our community - People can access places and services that cater for their need.

7. Staff have assessed the renewal application and all conditions of the renewal have been met by the applicant. A site visit was undertaken on 27 June 2024 and the facility appears to be in good condition and is well maintained.

8. The lease renewal for the group was discussed at a workshop with the local board on 13 June 2024. The local board indicated its in principle support of the proposed lease renewal.

9. This report recommends that a community ground lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing from 1 April 2025.

10. If the local board decides to grant the lease renewal, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) karaati / grant under Section 61 (2B) of the Reserves Act 1977, a community ground lease renewal to Auckland Kindergarten Association for 258 square metres (more or less) located at Lynfield Reserve, 108 Halsey Road, Lynfield on the land legally described as Lot 65 DP 68507 contained in NA23D/529 (as per Attachment A – Site Plan - Lynfield Reserve, 108 Halsey Road, Lynfield), subject to the following terms and conditions:

i) term – 10 years, commencing on 1 April 2025

ii) rent – $1,300 plus GST per annum.

Horopaki

Context

11. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

12. The Puketāpapa Local Board approved the Customer and Community Services: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (Resolution number PKTPP/2024/115).

13. The renewal of this lease to Auckland Kindergarten Association at Lynfield Reserve, 108 Halsey Drive, Lynfield was part of the approved work programme. This report considers the community lease renewal as approved on the work programme.

Land, building/s and lease

14. Lynfield Reserve is located at 108 Halsey Drive, Lynfield (refer to Attachment A Site Plan - Lynfield Reserve, 108 Halsey Drive, Lynfield). The land is legally described as Lot 65 Deposited Plan 68507 contained in NA23D/529 and is held in fee simple by Auckland Council as a classified local purpose (community buildings) reserve under the Reserves Act 1977.

15. Auckland Kindergarten Association holds a community lease for the group-owned building on council owned land situated at Lynfield Reserve.

16. The area proposed to be leased is 258 square meters (more or less) as outlined in Attachment A – Site Plan - Lynfield Reserve, 108 Halsey Drive, Lynfield.

17. For a group owned building, all operational and maintenance costs are borne by the lessee. These costs are funded from membership fees, fundraising and sponsorships.

18. The building is primarily used by the group to provide early childhood education (ECE) services to young children between two and five years of age.

19. These programmes provide nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

Auckland Kindergarten Association

20. Auckland Kindergarten Association was established in October 1908 and its primary objective is to provide free kindergarten services to Auckland.

21. The group has a total of 5127 children between the ages of two and five years and operates from Monday to Friday.

22. The group has 410 paid staff and 546 part time staff.

23. The group engages in fundraising activities and seek community donations to sustain and supplement their income.

24. The group has been operating from this site since April 2015. The building is in a good condition.

25. The group’s current community lease with the council commenced on 1 April 2015, with one right of renewal of 10 years, and will finally expire on 31 March 2035.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessment of the application

26. The group has submitted a comprehensive application supporting the lease renewal request and is able to demonstrate its ability to deliver early childhood education services.

27. The group has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

28. The group has all necessary insurance cover, including public liability and building insurance, in place.

29. A site visit has been undertaken by staff and the facility is well managed and maintained.

30. The group provides a valuable service to the local community by providing early childhood education services to young children between two and five years of age. The Auckland Kindergarten Association aims to create nurturing, stimulating environment where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

31. Auckland Council’s Community Occupancy Guidelines 2012 (Updated July 2023) sets out the requirements for community occupancy agreements.

32. Staff recommend that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing on 1 April 2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. It is anticipated that activation of the building will not result in an increase of greenhouse gas emission. A shared workspace/community space will however decrease overall energy use, as users will not consume energy at individual workspaces. The shared space will provide opportunity and enable people to enjoy positive healthy lifestyles and will increase capability and connections within local community.

34. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

35. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which 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.

· Climate change has an unlikely potential to impact the lease, as no part of the leased area is located in a flood-sensitive or coastal inundation zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. Council staff from within the Community Directorate (Parks and Community Facilities Operational Management, Specialist Operations, Active Recreation and Community Empowerment) have been consulted. They are supportive of the proposed lease as it will provide educational activities to benefit the community.

37. The community lease renewal has no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

38. The proposed lease will benefit the community by enabling initiatives that promote early childhood education activities that will be delivered from the Lynfield Reserve for the Puketāpapa Local Board area and its surrounding communities.

39. The assessment of the application was workshopped with the local board on 13 June 2024. The local board indicated its in principle support of the lease proposal.

40. The delivered activities align with the Puketāpapa Local Board Plan 2023 priority area: Our community - People can access places and services that cater for their need.

Tauākī whakaaweawe Māori

Māori impact statement

41. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

42. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan (operative in part), individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

43. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

44. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

45. Staff have consulted with the Financial Strategy and Planning Department of council. No concerns were raised regarding the financial implications for the lease renewal to the Auckland Kindergarten Association.

46. On the 8 June 2023 the annual budget was approved by the governing body which included changes to the Community Occupancy Guidelines of the rent fee for a community ground lease from $1 per annum to $1,300 plus GST per annum effective from 1 July 2023.

47. If the local board chooses to retain the level of rent at $1, there will be no requirement for the local board to top up the community lease revenue budget. However, the local board will not have the benefit of the additional revenue of $1,299 per annum over the renewal term of the lease. The level of rent can be reviewed at the expiry of the lease.

48. Ongoing maintenance of the asset will continue to be covered by the lessee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. Should the local board resolve not to grant the proposed community lease to Auckland Kindergarten Association at Lynfield Reserve, 108 Halsey Drive, Lynfield, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcomes.

50. The lease renewal affords the group security of tenure, enabling them to attend to the scheduled maintenance of the facility.

Ngā koringa ā-muri

Next steps

51. If the local board resolves to the grant the community lease renewal, staff will work with the Auckland Kindergarten Association to finalise the lease agreement in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan - Lynfield Reserve, 108 Halsey Road, Lynfield	57

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Community lease renewal to Auckland Kindergarten Association for land at Keith Hay Park South, 660 Richardson Road, Hillsborough

File No.: CP2024/10472

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a renewal of the community lease to the Auckland Kindergarten Association for land at Keith Hay Park South, 660 Richardson Road, Hillsborough.

Whakarāpopototanga matua

Executive summary

2. Auckland Kindergarten Association (the group) seeks a community lease renewal to continue occupation and operation from the tenant-owned building at Keith Hay Park South, 660 Richardson Road, Hillsborough.

3. The group currently holds a ground lease which commenced on 1 April 2015 with one right of renewal of 10 years. The lease will reach final expiry on 31 March 2035.

4. The renewal of this lease was identified and approved by the local board as part of the Community Facilities: Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (resolution PKTPP/2024/115).

5. The group aims to provide early childhood education services to young children between the ages of 2 and 5 years of age. The group aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth. These activities align with the Puketāpapa Local Board Plan 2023 outcome, ‘Our community - People can access places and services that cater for their need.’

8. The lease renewal for the group was discussed at a workshop with the local board on the 13 June 2024.

9. This report recommends that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing from 1 April 2025.

10. If the local board decides to grant the lease renewal, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) karaati / grant under Section 61 (2B) of the Reserves Act 1977, a community lease renewal to Auckland Kindergarten Association for 1117 square metres (more or less) located at Keith Hay Park South, 660 Richardson Road, Hillsborough on the land legally described as Allot 120 Section 13 suburbs of Auckland (Sec1 SO 518562) (as per Attachment A – Site Plan - Keith Hay Park South, 660 Richardson Road, Hillsborough), subject to the following terms and conditions:

i) term – 10 years, commencing 1 April 2025

ii) rent – $1,300 plus GST per annum

b) whakaae / approve all other terms and conditions to be in accordance with the Reserves Act 1977, the Auckland Council Community Occupancy Guidelines 2012 (updated July 2023), and the Auckland Council standard form community lease agreement.

Horopaki

Context

11. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

12. The Puketāpapa Local Board approved the Community Facilities: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (resolution PKTPP/2024/115).

13. The renewal of this lease to Auckland Kindergarten Association at Keith Hay Park South, 660 Richardson Road, Hillsborough was part of the approved work programme. This report considers the community lease renewal as approved on the work programme.

Land, buildings, and lease

14. Keith Hay Park South is located at 660 Richardson Road, Hillsborough (refer to Attachment A Site Plan - Keith Hay Park South, 660 Richardson Road, Hillsborough). The land is legally described as Allot 120 Section 13 suburbs of Auckland (Sec1 SO 518562).

15. Allot 120 Section 13 suburbs of Auckland (Sec1 SO 518562) is held in fee simple by Auckland Council as a classified local purpose (community buildings) reserve under the Reserves Act 1977.

16. Auckland Kindergarten Association holds a community ground lease for the group owned building at Keith Hay Park South.

17. The area proposed to be leased is 1117 square metres (more or less)as outlined in Attachment A – Site Plan - Keith Hay Park South, 660 Richardson Road, Hillsborough.

18. For a group owned building, all operational and maintenance costs are borne by the lessee. These costs are funded from membership fees, fundraising and sponsorships.

19. The building is primarily used by the group to provide early childhood education (ECE) services to young children between the ages of 2 and 5 years of age.

20. These programmes provide nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

Auckland Kindergarten Association

21. Auckland Kindergarten Association was established in October 1908 and its primary objective is to provide free kindergarten services to Auckland.

22. The group has a total of 5127 children between the ages of 2 and 5 years of age enrolled, and operates from Monday to Friday.

23. The group has 410 paid full-time staff and 546 part-time staff.

24. The group engages in fundraising activities and seeks community donations to sustain and supplement their income.

25. The tenant has been operating from this site since April 2015. The building was affected by the 2023 flooding events and has since been refurbished.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessment of the application

26. The group has submitted a comprehensive application supporting the lease renewal request and is able to demonstrate its ability to deliver early childhood education services.

27. The group has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

28. The group has all necessary insurance cover, including public liability and building insurance, in place.

29. A site visit has been undertaken by staff and the facility is well managed and maintained.

30. The group have also undertaken improvements since the 2023 Auckland Anniversary Weekend floods including sealing, recladding and painting of the building walls.

31. The group provides a valuable service to the local community by providing early ECE services to young children between the ages of 2 and 5 years of age. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

32. Auckland Council’s Community Occupancy Guidelines 2012 (updated July 2023) sets out the requirements for community occupancy agreements.

33. Staff recommend that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing 1 April 2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

34. It is anticipated that activation of the building and park will not result in an increase of greenhouse gas emissions. The shared space will enable people to enjoy positive healthy lifestyles and will increase capability and connections within the local community.

35. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

36. All measures taken are aimed at meeting the council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which 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.

37. Climate change has a likely potential to impact the lease, as part of the leased area is located in a flood-sensitive zone.

Graph 1: Community lease location of a flood plain area

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

38. Council staff from within the Community Directorate (Parks and Community Facilities Operational Management, Specialist Operations, Active Recreation and Community Empowerment) have been consulted. They are supportive of the proposed lease renewal as it will provide early childcare services to benefit the community.

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

Local impacts and local board views

40. The proposed lease will benefit the community by enabling initiatives that promote early childhood education activities that will be delivered from the Keith Hay Park South. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive, for the Puketāpapa Local Board area and its surrounding communities.

41. The assessment of the application was workshopped with the local board on 13 June 2024. The local board indicated its in principle support of the lease proposal.

42. The delivered activities align with the Puketāpapa Local Board Plan 2023 priority area, ‘Our community - People can access places and services that cater for their need.’

Tauākī whakaaweawe Māori

Māori impact statement

44. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

45. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

Ngā ritenga ā-pūtea

Financial implications

47. Staff have consulted with the Financial Strategy and Planning Department of the council. No concerns were raised regarding the financial implications on this lease renewal to the group.

48. On 8 June 2023, the 2023/2024 Annual Budget was approved by the Governing Body. This included changes to the Community Occupancy Guidelines of the rent fee for a community ground lease from $1 per annum to $1,300 plus GST per annum effective from 1 July 2023.

49. The group’s lease agreement allows for rent to be reviewed on the lease renewal date. Staff have recommended the new rent ($1300 plus GST per annum) to be implemented from the lease renewal date in accordance with the lease and the Community Occupancy Guidelines.

50. If the local board chooses to retain the level of rent at $1, there will be no requirement for the local board to top up the community lease revenue budget. However, the local board will not have the benefit of the additional revenue of $1,299 plus GST per annum over the remaining period of the lease.

51. Ongoing maintenance of the asset will be covered by the lessee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52. Should the local board resolve not to grant the proposed lease renewal to Auckland Kindergarten Association at Keith Hay Park South, 660 Richardson Road, Hillsborough, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcomes.

53. The lease renewal affords the groups security of tenure, enabling them to attend to the scheduled maintenance of the facility.

Ngā koringa ā-muri

Next steps

54. If the local board resolves to grant the community lease renewal, staff will work with the Auckland Kindergarten Association to finalise the lease agreement in accordance with the local board decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan - Keith Hay Park South, 660 Richardson Road, Hillsborough	65

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Community lease renewal to Auckland Kindergarten Association for land at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill

File No.: CP2024/10730

Te take mō te pūrongo

Purpose of the report

1. To seek approval to grant a renewal of the community lease to the Auckland Kindergarten Association for land at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill.

Whakarāpopototanga matua

Executive summary

2. Auckland Kindergarten Association (the group) seeks a community lease renewal to continue occupation and operation from the group-owned building at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill.

3. The group currently holds a ground lease which commenced 1 April 2015 with one right of renewal of 10 years and will reach final expiry on 31 March 2035.

5. The group aims to provide early childhood care services to young children between 2 and 5 years of age. The group aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth. These activities align with the Puketāpapa Local Board Plan 2023 outcome, ‘Our community - People can access places and services that cater for their need.’

8. The lease renewal for the group was discussed at a workshop with the local board on 13 June 2024.

9. This report recommends that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing from 1 April 2025.

10. If the local board decides to grant the lease renewal, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) karaati / grant under Section 61 (2B) of the Reserves Act 1977, a community lease renewal to Auckland Kindergarten Association for 2732 square metres (more or less) located at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill on the land legally described as Part Lot 113 Deposited Plan 16446 (as per Attachment A – Site Plan - Harold Long Reserve, 19 Akarana Avenue, Mount Roskill), subject to the following terms and conditions:

i) term – 10 years, commencing 1 April 2025

ii) rent – $1,300 plus GST per annum.

Horopaki

Context

11. Local boards have the allocated authority relating to local recreation, sport and community facilities, including community leasing matters.

12. The Puketāpapa Local Board approved the Customer and Community Services: Community Leases Work Programme 2024/2025 at their 27 June 2024 local board meeting (resolution PKTPP/2024/115).

13. The renewal of this lease to Auckland Kindergarten Association at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill was part of the approved work programme. This report considers the community lease renewal as approved on the work programme.

Land, building/s and lease

14. Harold Long Reserve is located at 19 Akarana Avenue, Mount Roskill (refer to Attachment A Site Plan - Harold Long Reserve, 19 Akarana Avenue, Mount Roskill).

15. The land is legally described as Part Lot 113 Deposited Plan 16446 held in fee simple by Auckland Council as a classified local purpose (community buildings) reserve under the Reserves Act 1977.

16. Auckland Kindergarten Association holds a community lease for the group owned building on the council owned land situated at Harold Long Reserve.

17. The area proposed to be leased is 2732 square metres (more or less)as outlined in Attachment A – Site Plan - Harold Long Reserve, 19 Akarana Avenue, Mount Roskill.

18. For a group owned building, all operational and maintenance costs are borne by the lessee. These costs are funded from membership fees, fundraising and sponsorships.

19. The building is primarily used by the group to provide early childhood education (ECE) services to young children between the ages of two and five years of age.

20. These programmes provide nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

Auckland Kindergarten Association

21. Auckland Kindergarten Association was established in October 1908 and its primary objective is to provide free kindergarten services in Auckland.

22. The group has a total of 5127 children between the ages of two and five years of age enrolled and operates from Monday to Friday.

23. The group has 410 paid staff and 546 part time staff.

24. The group engages in fundraising activities and seeks community donations to sustain and supplement their income. The groups current community lease with the council commenced on 1 April 2015 and will reach final expiry on the 31 March 2035.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessment of the application

25. The group has submitted a comprehensive application supporting the lease renewal request and is able to demonstrate its ability to deliver early childhood education services.

26. The group has provided financials which show that accounting records are being kept, funds are being managed appropriately and there are sufficient funds to meet liabilities.

27. The group has all necessary insurance cover, including public liability and building insurance, in place.

28. A site visit has been undertaken by staff and the facility is well managed and maintained.

29. The group provides a valuable service to the local community by providing ECE services to young children between the ages of two and five. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth.

30. Auckland Council’s Community Occupancy Guidelines 2012 (updated July 2023) sets out the requirements for community occupancy agreements.

31. Staff recommend that a community lease renewal be granted to Auckland Kindergarten Association for a term of 10 years commencing 1 April 2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32. It is anticipated that activation of the building and park will not result in an increase of greenhouse gas emission.

33. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

34. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which 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.

35. Climate change has an unlikely potential to impact the lease, as no part of the leased area is located in a flood-sensitive zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

Local impacts and local board views

38. The proposed lease will benefit the community by enabling initiatives that promote early childhood education activities that will be delivered from the Harold Long Reserve. The Auckland Kindergarten Association aims to create nurturing, stimulating environments where children can thrive and develop a love for learning, setting a strong foundation for their future education and personal growth for the Puketāpapa Local Board area and its surrounding communities.

39. The assessment of the application was workshopped with the local board on 13 June 2024. The local board indicated its in principle support of the lease proposal.

40. The delivered activities align with the Puketāpapa Local Board Plan 2023 priority area: ‘Our community: People can access places and services that cater for their need’.

Tauākī whakaaweawe Māori

Māori impact statement

42. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan, individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

43. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

Ngā ritenga ā-pūtea

Financial implications

45. Staff have consulted with the Financial Strategy and Planning Department of the council. No concerns were raised regarding the financial implications for the lease renewal to the group for the group-owned building at 19 Akarana Avenue, Mount Roskill.

47. If the local board chooses to retain the level of rent at $1, there will be no requirement for the local board to top up the community lease revenue budget. However, the local board will not have the benefit of the additional revenue of $1,299 plus GST per annum over the renewal term of the lease.

48. Ongoing maintenance of the asset will be covered by the lessee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. Should the local board resolve not to grant the proposed community lease renewal to Auckland Kindergarten Association at Harold Long Reserve, 19 Akarana Avenue, Mount Roskill, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome.

50. The lease renewal affords the groups security of tenure, enabling them to attend to the scheduled maintenance of the facility.

Ngā koringa ā-muri

Next steps

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan - Harold Long Reserve, 19 Akarana Avenue, Mount Roskill	73

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Variation of community lease to Auckland United Football Club, Keith Hay Park, 660 Richardson Road, Mount Roskill South

File No.: CP2024/10703

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Puketāpapa Local Board for a variation of the community lease to Auckland United Football Club for Keith Hay Park, 660 Richardson Road, Mount Roskill South, relating to the sale and supply of alcohol times under clause 18.4 of the lease agreement.

Whakarāpopototanga matua

Executive summary

2. Auckland United Football Club (club) has a community lease with Auckland Council for part of Keith Hay Park at 660 Richardson Road. The lease commenced on 1 June 2022 for an initial term of 10 years to 31 May 2032. The lease contains one 10 years right of renewal with a final expiry on 31 May 2042.

3. Pursuant to clause 18 of the lease (refer to Attachment A), this requires the club to obtain the council’s written consent prior to applying for a new liquor license or for varying an existing liquor license.

4. The club has an alcohol licence and clause 18.4 of the lease agreement states the days and times when alcohol may be sold or supplied on the premises. The agreement restricts the sale of alcohol between midnight and 2pm.

5. The club applied to the council on 12 March 2024 to vary the hours for the sale and supply of liquor on its premises to between noon and midnight. The club seeks this change as it relies on the income from hireage of its bar and facilities to maintain its building, and support club activities.

6. A variation to the lease is required to record the time changes and to include a new clause within the agreement.

7. The matter was workshopped with the local board on 13 June 2024 who informally indicated their support in principle of the variation, amending the alcohol sale times currently included in clause 18.4 to reflect the proposed changes.

8. Staff from the Community Directorate and the District Licensing Committee have no concerns around the proposed changes to the alcohol sale times by the club.

9. Clause 18.4 is therefore not required and can be deleted from the lease. Details of days and hours for the sale and supply of liquor from the premises will be changed in the license to from 12pm to 12am.

10. Staff propose inserting a new clause to revert back to the original alcohol trading times from 2pm to 12 midnight, should it be required.

11. This report recommends approving the variation of community lease to Auckland United Football Club to delete clause 18.4 to effect the changes proposed by the club.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) approve a variation of the community lease to Auckland United Football Club, located on part of Keith Hay Park, 660 Richardson Road, Mount Roskill South (Attachment A), subject to the following terms and conditions:

i) the existing clause 18.4 be deleted.

ii) that a new clause would include reverting back to the original alcohol trading times from 2pm to 12 midnight, should it be required.

b) all other terms and conditions in accordance with the Deed of Lease dated 10 November 2020 and any subsequent renewals.

Horopaki

Context

12. This report considers variations to the community lease to Auckland United Football Club located on part of Keith Hay Park, 660 Richardson Road, Mount Roskill South.

13. The Puketāpapa Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land, building and lease

14. Keith Hay Park is located at 660 Richardson Road, Mount Roskill South (refer to Attachment B Site Plan - Keith Hay Park, 660 Richardson Road, Mount Roskill South). The land is legally described as Part Allot 77 Section 13 Suburbs of Auckland (recreation reserve).

15. Part Allot 77 Section 13 Suburbs of Auckland is held in fee simple (owned) by Auckland Council as a historic reserve under the Reserves Act 1977.

16. Auckland United Football Club holds a community lease for the group owned building on the council owned land situated at Keith Hay Park.

17. For a group owned building, all operational and maintenance costs are borne by the lessee.

Tātaritanga me ngā tohutohu

Analysis and advice

18. Auckland United Football Club has a community lease with Auckland Council for part of Keith Hay Park, 660 Richardson Road. The lease commenced on 1 June 2022 for an initial term of 10 years to 31 May 2032. The lease contains one 10 years right of renewal with final expiry on 31 May 2042.

19. In accordance with clause 18.1 of the agreement, the club provided written notice to the council on 12 March 2024 of its application to vary its liquor license hours.

20. The club owns the building, and occasionally hires out the facility to its members or the public for private functions. The request to vary liquor sale and supply times reflects the need for this service.

21. The club relies on the income from hireage of its bar and facilities to support the upkeep and maintenance of its building, and its activities.

22. Under clause 18.4 and the club licence, the sale and supply of alcohol is permitted Monday to Sunday, from 2pm until midnight. The club seeks a variation to clause 18.4 to record extended hours, Monday to Sunday from noon until midnight.

23. The club is currently meeting its obligations under the terms of the current lease and has not been in breach of these. It has a history of delivering its services to the local community and is financially viable.

24. Pursuant to clauses 18 and 18.4, a variation to the lease is required to record the time changes for the sale of liquor.

25. At a workshop on 13 June 2024, the Puketāpapa Local Board indicated their support in principle for the variation, amending the times in clause 18.4 to reflect the proposed changes. The local board proposed inserting a new clause to revert back to the original alcohol trading times from 2pm to 12 midnight, should it be required.

26. The District Licensing Committee holds jurisdiction over the granting or variation of alcohol licenses and the group needs to apply directly to the District Licensing Committee for a variation to its liquor license.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27. It is anticipated that activation of the building will result in an increase of greenhouse gas emissions.

28. To improve environmental outcomes and mitigate climate change impacts, the council advocates that the lease holder:

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

· seek opportunities to reduce greenhouse gas emissions from lease-related activities.

29. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which 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.

30. Climate change has a likely potential to impact the lease, as part of the leased area is located in a flood-sensitive or flood plain zone.

Graph 1: Community lease location of a flood plain area

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. Council staff from within the Community Directorate (Parks and Community Facilities Operational Management and Maintenance; Active Communities; and Community Empowerment) have been consulted. They are supportive of the variation of lease.

32. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

33. The Puketāpapa Local Board is the allocated authority to approve the granting of a variation of community lease.

34. The assessment of the application was discussed with the local board at their workshop on 13 June 2024. The local board indicated its in principle support of the lease proposal.

35. The delivered activities align with the Puketāpapa Local Board Plan 2023 outcome: ‘Our community – Places and services meet diverse community needs.’

Tauākī whakaaweawe Māori

Māori impact statement

36. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

37. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan (operative in part), individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

38. Community leasing aims to increase Māori wellbeing through targeted support for Māori community development projects.

39. Community leases support a wide range of activities and groups. Leases are awarded based on an understanding of local needs, interests and priorities. The activities and services provided by leaseholders create benefits for many local communities, including Māori.

Ngā ritenga ā-pūtea

Financial implications

40. There is no direct cost to Auckland Council in granting this variation of community lease.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41. Where a community group meets the criteria stipulated in the lease agreement, the council is obligated to not unreasonably withhold consent to a proposed variation.

Ngā koringa ā-muri

Next steps

42. If the local board resolves to the grant the variation of community lease, staff will work with the Auckland United Football Club to finalise the deed of variation of community lease in accordance with the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Clause 18 of community lease to Auckland United Football Club	81
b ⇩	Site Plan - Keith Hay Park, 660 Richardson Road, Mount Roskill South	83

Ngā kaihaina

Signatories

Author

Malinda Naidoo - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Auckland Council’s Quarterly Performance Report: Puketāpapa Local Board for quarter four 2023/2024

File No.: CP2024/10629

Te take mō te pūrongo

Purpose of the report

1. To provide the Puketāpapa Local Board with a quarterly performance report for quarter four, 1 April to 30 June 2024 and the overall performance for the financial year against the approved 2023/2024 local board work programmes.

Whakarāpopototanga matua

Executive summary

2. This report provides an integrated view of performance for the Puketāpapa Local Board and includes financial performance and delivery against work programmes for the 2023/2024 financial year The work programme is produced annually and aligns with Puketāpapa Local Board Plan outcomes.

3. 81 activities within the approved work programmes have a Green RAG status (activities that were completed in 2023/2024 / multi-year projects that have progressed as expected), eight activities have an Amber RAG status (activities that were expected to be completed in 2023/2024 which are now expected to be completed in the first quarter in 2024/2025 / multi-year projects that have not progressed as expected / activities that are on hold), no activities have a Red RAG status (activities that were not delivered / activities that were expected to be completed in 2023/2024 which are not expected to be completed until after the first quarter in 2024/2025 / multi-year projects that are significantly delayed / activities that are on hold with significant issues), and eight activities have a Grey RAG status (activities that have been cancelled or deferred in the period April to June 2024).

4. Key activity achievements from the 2023/2024 work programme include:

· Successful delivery of events throughout the year including, the Carols at the Kings, Movies in Parks, Anzac Day Services, Manu Aute Kite Day and CultureFest held in the local board area

· a whakarewatanga / ceremony was held for Wairaki / Lynfield Reserve, this marks the first duel name change as part of the local board’s Te Kete Rukuruku project

· engagement targets for Low Carbon Lifestyles – Puketāpapa were exceeded and over 30 per cent of participants evaluated reported a significant behaviour change from taking part in the project.

5. Key activities not delivered / not progressed as expected include:

· Local Civic Events – Due to no local events being held throughout the year, this activity was not able to be delivered, therefore, the local board reallocated this funding to other activities that were able to be delivered

· Pest Control for Native Species at Risk - Additional pest control in targeted areas to support biodiversity outcomes in the Manukau Coastal Reserves network. The local board approved the reallocation of $10,000 towards this new activity (Resolution number PKTPP/2023/1) due to cancelling ID 3954 Awa Ecological Enhancement based on staff advice as this could not be delivered. However, this activity has not been reported.

6. Qualifying budgets of unfinished activities will be carried forward into 2024/2025 work programmes.

7. The financial performance report is attached but is excluded from the public. This is due to restrictions on releasing annual financial reports and results until the Auckland Council Group results are released to the NZX (high-level summary only) – on or about 29 August 2024.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) receive the performance report for quarter four ending 30 June 2024.

b) note the financial performance report in Attachment B of the report will remain confidential until after the Auckland Council Group results for 2023/2024 are released to the New Zealand’s Exchange (NZX) which are expected to be made public on or about 29 August 2024.

Horopaki

Context

8. The Puketāpapa Local Board has an approved 2023/2024 work programme for the following:

· Customer and Community Services

· Infrastructure and Environmental Services.

· Auckland Emergency Management.

9. The graph below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome:

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

10. The graph below identifies each work programme activity by RAG status (Red, Amber, Green and Grey) which measures the performance of each activity.

Graph 2: Work programme performance by RAG status:

11. The definitions of the Red, Amber Green and Grey for the quarter four / end of year report outlined in table 1 below.

Table 1: RAG status definitions for quarter four / end of year report:

Red	· activities that were not delivered, · activities that were expected to be completed in 2023/2024 which are not expected to be completed until after the first quarter in 2024/2025, · multi-year projects that are significantly delayed, and · activities that are on hold with significant issues.
Amber	· activities that were expected to be completed in 2023/2024 which are now expected to be completed in the first quarter in 2024/2025, · multi-year projects that have not progressed as expected, and · activities that are on hold.
Green	· activities that were completed by the end of the financial year, and · multi-year projects that have progressed as expected.
Grey	· activities have been cancelled or deferred in the period April to June 2024.

12. The graph below shows the stage of the activities in each departments’ work programmes. The number of activity lines differ by department as approved in the local board work programmes.

Graph 3: Work programme performance by activity status and department:

Key activity updates from quarter four

13. ID 366: Local implementation of Ngā Hapori Momoho (Thriving Communities) councils social wellbeing strategy – Funding was secured for service development advice. This will provide insight and advice for the local board, specifically on Wesly Community Centre, Roskill Youth Zone, Mt Roskill Library and the Fickling Convention Centre. These services are not currently funded or structured in a way that allows them to develop and deliver new, innovative services and programmes that support new incoming communities in areas of rapid growth. The objective of the work is to have enough information and insight to advise the local board and the council in future:

· funding requirements

· staffing resources/structures

· programme/service focus areas to support local community services and community programme delivery.

14. ID 370: Build Capacity: Social innovation and enterprise development in Puketāpapa - Iti Rearea delivers programmes that enable migrant entrepreneurs to achieve financial independence and social inclusion by creating profitable enterprises. To date, Iti Rearea collaborated with a trusted partner and four Puketāpapa graduates of the SOAR programme to participate in tailored coaching and mentoring sessions. These sessions aimed to help forced migrants navigate specific issues in the New Zealand context and support the growth of their enterprises. Each programme participant received five additional one-on-one tailored coaching sessions to understand their challenges and goals. The sessions included exploring possibilities and designing suitable solutions aligned with their vision, resources, and capabilities.

15. Events delivered in the local board area included:

· ID 368: Manu Aute Kite Day -This annual event was held on the summit of Pukewīwī Mt Roskill on July 16th, 2024 attracting approximately 3000 people throughout the day. The host iwi was Ngāti Whātua Ōrākei which included Mihi whakatau from Wyliss Maihi and weavers. There was a full schedule of activities including four professional kite flyers with large-scale kites, Māori kite and dart making, loose parts play with Junky Monkeys, a large selection of wooden games, rangatahi singer-songwriters curated by Youth Arts NZ, Kapa Haka and Waiata by Monte Cecilia Catholic School, Library Bus, and the Auckland Astronomical Society. A full Impact Report has been received.

· ID 380: Contribution to CultureFest in Puketāpapa - The 2024 CultureFest was successfully delivered to an estimated 17,000 attendees at War Memorial Park, Mt Roskill on Sunday 14 April.

· ID 383: Anzac services Puketāpapa - The local board hosted an Anzac Day civic service held at the Mt Roskill War Memorial Hall. The service was attended by 500 people from the local community.

Changes to the local board work programme in quarter four

Activities with changes

16. The following work programme activities have changes which been formally approved by the board.

Table 2: Work programmes change formally approved by the Board:

ID/Ref	Work Programme Name	Activity Name	Summary of Change	Resolution number
3681	Customer & Community Services	Waikōwhai Coast - pine trees removal FY2023	An underspend of $32,000 was reported and reallocated to the following work programme activities: · ID 376 Build Capacity: Strategic Relationship Grants Puketāpapa · ID 384 Community grants Puketāpapa	PKTPP/2024/2
371	Customer & Community Services	Local civic events – Puketāpapa		PKTPP/2024/2
376	Customer & Community Services	Build Capacity: Strategic Relationship Grants Puketāpapa	Approved the following applicants to receive Puketāpapa Strategic Relationship Grants: · Waikowhai Community Trust · Roskill Together Trust In addition to approving additional funds to support the implementation of the strategic grant programme.	PKTPP/2024/3

17. The following work programme activities have been amended to reflect minor changes, the implications of which are reported in the table below. The local board was informed of these minor changes and they were made by staff under delegation.

Table 3: Minor change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

26299

Customer & Community Services

Open space walkways and paths - renew - FY22/23 to FY25/26 Puketāpapa

$60,000 will be reallocated from this activity to #24284 Mt Roskill Library - renew - interior and exterior to cover the cost of remedial works to the building roof.

The Fickling Community Centre/Mount Roskill Library, has been identified as a potential community resilience site and suitable for a solar photovoltaic (PV) and battery system, funded by the government’s Community Renewable Energy Fund.

The grant does not include general building maintenance and repair (such as fixing the roof).

Before the panels can be installed, some remedial work is to be carried out to the roofing to ensure its usable life is extended to match the usable life of the panels.

$60,000

2999

Customer & Community Services

Puketāpapa Community Parks service assessment

Deferred to 2024/2025 financial year

Further information is required relating to current planning and funding decisions in Wesley West. Engagement with Kainga Ora ongoing with a focus on the Kainga Ora Masterplan for Wesley West.

Nil

Key activity achievements from the 2023/2024 work programme

18. The key achievements in the delivery of the local board work programmes for 2023/2024 include:

· The 2023 Carols at the Kings event was delivered on Sunday, 10 December 2023 at Three Kings Reserve. An estimated audience of 500 attended, with poor weather likely affecting attendance numbers as well as the delivery of the 2024 Puketāpapa Movies in Parks event on Friday 9 February 2024 at Monte Cecilia Park to an estimated audience of 2500.

· Renewal works at Margaret Griffin Park which included pathways, park assets and playground components was completed.

· A whakarewatanga / ceremony was held for Wairaki / Lynfield Reserve. This marks the dual name change as part of the local board’s Te Kete Rukuruku project. Māori naming (and associated storytelling) of parks and places values and promotes Auckland’s Māori identity and use of te reo Māori.

· For the Strengthening Community Connections for an Inclusive Welcoming Puketāpapa activity, the Welcoming Communities coordinator has been actively involved in supporting a range of activities including; Mt. Roskill Library hosting the first Arabic Storytime and a bi-lingual (Arabic - English) workshop on Te Tiriti was delivered by the Treaty People at the Fickling Convention Centre.

· The initial engagement targets for Low Carbon Lifestyles – Puketāpapa were exceeded. Post-project evaluation phone calls to participants achieved a 70 per cent response rate. Approximately 30 per cent to 40 per cent of the more than 70 participants reported a significant behaviour change from taking part in the project. This rate of behaviour change has surpassed projected expectations.

Overview of work programme performance

Customer and Community Services work programme

19. In the Customer and Community Services work programme, there are 74 activities with a green RAG status, seven activities with an amber RAG status, no activities with a red RAG status and seven activities with a grey RAG status. Activities with significant impact are discussed below:

Table 4: Customer and Community Services activities with significant impact

Activity name	RAG status	Activity status	Explanation and mitigation
Local civic events Puketāpapa	Grey	Merged	Due to no local civic events taking place throughout the financial year, this activity was not able to be completed. Therefore, The Puketāpapa Local Board approved the reallocation of funds from this line to lines ID376 Build Capacity: Strategic Relationships Grants Puketāpapa and ID384 Community grants Puketāpapa under resolution number PKTPP/2024/76

Infrastructure and Environmental Services work programme

20. In the Infrastructure and Environmental Services work programme, there are seven activities with a green RAG status, no activities with an amber RAG status, no activities with a red RAG status and one activity with a grey RAG status. Activities with significant impact are discussed below:

Table 5: Infrastructure and Environmental Services activities with significant impact

Activity name	RAG status	Activity status	Explanation and mitigation
Pest Control for Native Species at Risk - Additional pest control in targeted areas to support biodiversity outcomes in the Manukau Coastal Reserves network	Not reported	Not reported	The local board approved the reallocation of $10,000 towards this new activity (Resolution number PKTPP/2023/4) due to cancelling ID 3954 Awa Ecological Enhancement based on staff advice as this could not be delivered.

Auckland Emergency Management work programme

21. In the Auckland Emergency Management work programme, there is one activity with a green RAG status, no activities with an amber RAG status, no activities with a red RAG status and no activities with a grey RAG status. However, based on RAG status guidance, the current activity with a green status will not be delivered until quarter one of the new financial year, this should be reported with an amber status.

Deferred activities

22. The Lead Financial Advisors are identifying projects from the local board’s 2023/2024 Locally Driven Initiatives (LDI) operational budget which meet the criteria to be carried forward. These will be added to the 2024/2025 work programmes.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23. Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

24. The local board is currently investing in a number of sustainability projects, which aim to build awareness around individual carbon emissions, and changing behaviour at a local level. These include:

a) ID 599: Low Carbon Lifestyles – Puketāpapa. This activity continues the Low Carbon Lifestyle project with a change of focus to sustainable transport behaviours. Addressing these behaviours includes involving and encouraging residents to use active and public transport for their everyday work and leisure commutes.

b) ID 601: EcoNeighbourhoods Puketāpapa – This activity is continuing to deliver on the existing project from the previous financial year where EcoNeighbourhood groups comprise of six or more neighbours from different households to adopt sustainable, low carbon practices and increase resilience within their homes, lifestyles, and neighbourhoods.

c) ID 603: Climate Action Activator Puketāpapa – This activity is delivering a work programme reflecting the climate action priorities of the local board-specific plan - ‘Becoming a Low Carbon Community – An Action Plan’. The local board’s role is to amplify local climate action and enable community initiatives that contribute to this.

d) ID 865: Manukau Harbour Forum – Puketāpapa – This activity will support the operation of the Manukau Harbour Forum and will contribute towards a coordinator to assist with the delivery of the forum’s goals, a youth sustainability wānanga to develop leadership skills, sustainability knowledge and collaborative action projects.

25. The Board is also investing in initiatives that respond to climate change, such as – ID 26224: Urban Forest Auckland (Ngahere) Strategy - Planting Plan Puketāpapa. This activity delivers the planting plan identified in the growing phase of the plan.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. When developing the work programmes council group impacts and views are presented to the local board.

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

Local impacts and local board views

27. This report informs the Puketāpapa Local Board of the performance for quarter four ending 30 June 2024 and the performance for the 2023/2024 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

28. Table six outlines the activities in the 2023/2024 work programme that have a direct Māori outcome focus.

Table six: Māori outcome delivery through individual activities:

Local Board Plan outcome	ID	Activity name	Māori outcome	Māori outcome description
Outcome 1: Inclusive communities that are healthy, connected and thriving	366	Local implementation of Ngā Hapori Momoho (Thriving Communities) councils social wellbeing strategy – Puketāpapa Local Board	Whānau and tamariki wellbeing Māori identity and culture	This activity will have a strong focus on supporting Māori-led initiatives, including empowering individuals, whānau and communities to influence decisions, take action and make change happen in their communities.
	368	Manu Aute Kite Day	Māori identity and culture	To celebrate the festival of Matariki
	369	Youth: Building the capacity of young people	Realising rangatahi potential	To develop and support young people including Māori rangatahi.
	371	Māori responsiveness Puketāpapa	No specific outcome focus areas
	372	Strengthening Community Connections for an Inclusive Welcoming Puketāpapa	Māori identity and culture	Facilitate collaboration between the community and mana whenua groups to implement new welcoming activities. Welcoming activities include workshops on Te Tiriti.
	381	Local civic events Puketāpapa	Māori identity and culture	Direct engagement with mana whenua for the delivery of the events
Outcome 2: Our people speak up and help shape our future	3469 & 26230	PKTPP: Te Kete Rukuruku (Māori naming of parks and places) tranche one	Te reo Māori and Māori identity and culture	Return te reo Māori names and narratives to parks and places
Outcome 3: Our environment is protected and enhanced for present and future generations	599	Low Carbon Lifestyles	Whānau and tamariki wellbeing	This programme does not specifically target the housing needs of Māori communities, however according to 2013 census data Māori are more likely to live in rental housing. The home energy advice programme will increase opportunities for promoting and improving living standards that could contribute to better Māori health and wellbeing.
	603	Climate Action Activator	Kaitiakitanga	The activator will work with mana whenua and mataawaka to identify and deliver low carbon outcomes for Māori.
	865	Manukau Harbour Forum	Kaitiakitanga and realising rangatahi potential	Māori youth will be involved in the youth sustainability wānanga and are supported to develop and implement programmes relevant to them and their communities. The wānanga also engages with kaumātua from Makaurau Marae to provide advice and mātauranga Māori that informs programme delivery. During the wānanga, te reo Māori is actively promoted, as a key component of programme delivery.
	3036	Oakley Creek Pest plant buffer	Kaitiakitanga	This programme will protect local parks and streams and encourage others to be kaitiaki of the environment.
Outcome 4: Well planned neighbourhoods and vibrant spaces	1090	Library services – Puketāpapa	Te reo Māori and Māori identity and culture	Libraries provide services and programmes to promote te reo Māori and access to information on Māori culture and history.
	16128	Te Auaunga Awa placemaking – Tohu implementation	Te reo Māori and Māori identity and culture	The Te Auaunga Awa placemaking plan includes storytelling at significant sites along Oakley Creek in the Puketāpapa Local Board area.
Outcome 6: Thriving local economy with opportunities to learn, work and volunteer	1270	Young Enterprise Scheme Kick Start Days	Realising rangatahi potential	Young Enterprise Scheme Kick Start Days will support YES Māori students at participating schools to benefit from the experience and learnings from the YES.

Ngā ritenga ā-pūtea

Financial implications

29. This report is provided to enable the Puketāpapa Local Board to monitor the organisation’s progress and performance in delivering the 2023/2024 work programme. There are no financial implications associated with this report.

Financial Performance

30. Auckland Council (Council) currently has a number of bonds quoted on the New Zealand, Singapore and Swiss Debt Markets (Quoted Bonds). As a result, the Council is subject to continuous disclosure obligations, which it must comply with under the listing rules of the NZX (Listing Rules), the listing rules of other exchanges and the Financial Markets Conduct Act 2013 (FMCA).

31. These obligations restrict the release of annual financial reports and results until the Auckland Council Group results are released to the NZX – on or about 29 August 2024.

32. Due to these obligations the financial performance attachment to this report (Attachment B) is excluded from the public and is under confidential cover.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Overview of work programme performance’ section.

Ngā koringa ā-muri

Next steps

34. Work programmes for 2024/2025 were approved at the board’s business meeting in June 2024.

35. Deferral of budgets of unfinished activities will be added into 2024/2025 work programmes by quarter one reporting.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Puketāpapa Local Board - 1 April – 30 June 2024 for quarter 4 Work Programme update	97
b ⇩	Puketāpapa Local Board - Operating Performance Financial Summary for quarter 4 2023/2024 - Confidential

Ngā kaihaina

Signatories

Author	Vanessa Phillips - Local Board Advisor
Authoriser	Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Response to Ombudsman's recommendation to open workshops by default

File No.: CP2024/09829

Te take mō te pūrongo

Purpose of the report

1. To respond to the recommendations made in the Ombudsman’s report ‘Open for business’ in relation to transparency and workshop practices.

Whakarāpopototanga matua

Executive summary

2. Local board workshops are informal, non-decision-making meetings used for discussions and refining options before formal board decisions.

3. The standard approach to workshops is that they are closed however, the decision to open a workshop can be made by each local board. Currently, six boards allow public observation, and eight release workshop materials proactively.

4. In October 2023, the Ombudsman released a report which found no evidence of decision-making occurring in workshops but noted practices that could undermine transparency. The Ombudsman recommended that workshops should be open by default, with any closures justified on a case-by-case basis.

5. Local boards generally follow best practices aligned with many of the Ombudsman’s recommendations, such as publishing workshop records and releasing information proactively. However, there is variation in how this is applied.

6. In light of the Ombudsman’s report, local board elected members and senior staff with experience in open workshops were asked to provide their views. They reported:

· risks to opening workshops, such as breaching confidentiality, discouraging free and frank discussions, causing public confusion about whether a decision is being made and potential disruption of subsequent community engagement and governance processes; public attendance is also very low for those local boards that do hold open workshops

· benefits of opening workshops, such as supporting transparency and holding elected members accountable, increasing public awareness of council matters, and enabling community connection; there is also a level of public expectation that the Ombudsman’s recommendations will be adopted.

7. To meet the Ombudsman’s expectations for transparency, it is recommended local board workshops default to being open. Staff will update the Best Practice Guidance for the 2025-28 term.

8. Some methods for opening workshops include in-person attendance, live streaming or recording. Staff will explore feasible options if workshops are open.

9. At its 27 June meeting, the Governing Body agreed that from 1 September 2024 the default setting for its workshops will be open to the public unless the relevant chairperson considers it is reasonable to close a workshop in a particular case. It also agreed that the way the workshop will be made open to the public is by recording the workshop and uploading that video to the council’s website.

10. If workshops default to being open, staff will need a period to implement it to ensure staff are properly briefed and systems are in place to deliver. Alternatively, the board may wish to implement this for the start of the 2025-2028 term.

11. The chairperson can open or close a workshop without a board resolution, as it is an informal meeting. However, a decision helps to confirm support of the local board.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) tuhi ā-taipitopito / note that to meet transparency, the Ombudsman expects workshops to be open by default.

b) whakaae / agree that workshops will be open to the public by default, unless the chairperson deems it reasonable to close a specific workshop.

c) tuhi ā-taipitopito / note that staff are preparing guidance to support an open by default approach into the Best Practice Guidance for the 2025 term.

Horopaki

Context

Defining workshops

12. The Governance Manual (Section 10.8) defines elected member workshops as:

· informal, non-decision-making meetings, which are generally closed to the public or media. Workshops support the decision-making process by informing elected members on items prior to making a formal decision.

· a mechanism for staff to seek informal guidance from elected members to improve future advice, including identifying information gaps and discussing options for policy development.

13. Local boards use workshops for informal discussions, brainstorming, scoping draft proposals, unpacking complex topics and refining options for a final decision. Workshops are typically used to enable discussion between elected members, and between elected members and staff. Workshops are also used for cross local board collaboration and for joint discussions between the Governing Body and local board members.

14. Workshops are not used for decision-making and this is made clear to members when elected.

LGOIMA requirements

15. The Local Government Information and Meetings Act 1987 (LGOIMA) promotes the open and public transaction of business at meetings of local authorities.

16. LGOIMA states that a meeting at which no resolutions or decisions are made, is not a meeting for the purposes of setting requirements for local authority meetings. Therefore, there is no statutory requirement that a non-decision-making workshop be open to the public, notified in advance and have minutes taken.

17. Although not required, local boards may hold non-decision-making workshops in open and invite members of the public, media or stakeholders to attend.

18. Through each term’s induction process, elected members are reminded of their obligations to be open and transparent in decision-making. It is made clear to elected members that closed workshops do not replace the decision-making meetings.

Current local board practice

19. Six local boards allow public observation at their workshops. They are Devonport-Takapuna, Kaipātiki, Waitākere Ranges, Hibiscus and Bays, Rodney and Waitematā.

20. While the driver for this practice is to demonstrate a commitment to openness and transparency, public attendance has been low.

21. Eight local boards have adopted the practice of proactively releasing workshop materials. They are Devonport-Takapuna, Hibiscus and Bays, Kaipātiki, Puketāpapa, Rodney, Waiheke, Waitākere Ranges and Waitematā.

Best practice guidance

22. At the start of the 2022-2025 term, the Local Board Services Best Practices Review 2022 recommended that workshops should be closed to the public because:

· a non-public setting can better facilitate and support free and frank exchanges between staff and elected members

· workshops do not provide opportunity for the public to give input (in the way that the business meeting provides for a public forum), so the role of the public in the workshop would only be to bear witness to the informal discussions

· attending a workshop may not provide a complete picture of council processes or may lead to some premature assumptions about decisions and projects

· workshops provide a safe space for elected members to assess the overall progress, measure the effectiveness of its work programme and reflect on their own effectiveness as a local board. This type of exercise is unlikely to be robust and less likely to be authentic if done with a public audience.

Ombudsman’s findings

23. In October 2023, the Ombudsman released a report, Open for business, detailing the investigation into the actions and decisions of eight councils regarding both council meetings held under LGOIMA and workshops (and other informal meetings) to which LGOIMA meeting provisions do not apply.

24. The Ombudsman’s review was carried out using their powers under the Ombudsman Act 1975 which allows the Ombudsman to review any act or omission by a local authority – except for a decision made by a full council (i.e., a decision by the Governing Body or a committee of the whole).

25. The purpose of the investigation was to test concerns that councils were using workshops and other informal meetings to make decisions.

26. The eight councils investigated were Rotorua Lakes Council, Taranaki Regional Council, Taupō District Council, Palmerston North City Council, Rangitīkei District Council, Waimakariri District Council, Timaru District Council and Clutha District Council.

27. The Ombudsman’s report highlights the requirement under the Local Government Act 2002 (LGA) for a local authority to “conduct its business in an open, transparent, and democratically accountable manner”. It also highlights the requirement in the LGOIMA that anything taking place or provided to any meeting is “official information” and subject to the principle of availability, unless there is a good reason to withhold it.

28. The Ombudsman found no evidence of decisions being made in workshops. They did see workshop practices that in their opinion were “counter to the principles of openness and could contribute to a public perception that workshops are not being used in the right way”. These examples included not advertising workshops or having all workshops closed to the public.

29. The Ombudsman also cautioned against using workshops to include a significant component of determination, such as a substantial narrowing of options prior to public consultation.

30. The Ombudsman has provided three principles of good administrative practice, which they consider should guide council workshops:

· Councils have a general discretion to advertise and undertake all meetings in public, and this is consistent with the principle in the LGA that councils should conduct their business in an open, transparent, and democratically accountable manner.

· A general policy of not publicising / closing all non-decision-making meetings, such as workshops, may be unreasonable and / or contrary to law. The Ombudsman can assess this on a case-by-case basis.

· Using closed workshops to do “everything but” make a final decision could be seen as undermining the principles in the LGA and purposes of the LGOIMA and may be unreasonable in terms of the Ombudsmen Act 1975.

Tātaritanga me ngā tohutohu

Analysis and advice

Aligning to the Ombudsman’s recommendation

31. The Ombudsman reports that workshops should be open by default as a matter of good practice. Open workshops are consistent with the principles of transparency, openness, and accountability.

32. The Ombudsman recognises there may be good reasons to close a workshop to the public, and that LGOIMA doesn’t require workshops to be open.

33. The six key recommendations made by the Ombudsman in respect of council workshops are:

· adopt a principle of openness by default for all workshops, including a clear commitment to record a clear basis for closure where justified, on a case-by-case basis

· publicise times, dates, venues, and subject matters of all workshops in advance, including a rationale for closing them, where applicable

· provide clear audit trails of all workshops and internal guidance for the keeping of records of workshop proceedings

· publish workshop records on the council website as soon as practicable

· formalise a process for considering the release of information from closed workshops

· consider sign-posting on the council website that members of the public can complain to the ombudsman in relation to the administration of workshops.

34. The Ombudsman’s report is not legally binding on the council. But the Ombudsman has made it clear that open by default is the best practice approach, and they will be closely monitoring decisions on these matters.

35. To meet the Ombudsman’s expectations that workshops are seen to be open, transparent and democratically accountable, it is recommended local boards have a default setting of open for workshops.

How local boards currently adhere to the recommendations

36. Local boards individually set their own meeting practices in accordance with LGOIMA.

37. Local Board Services identifies that many of the existing practices already meet the Ombudsman’s expectations. This includes:

· having a standing report on business meeting agendas which notes the record of any workshops held since the previous meeting

· posting agendas on the council’s website with as much advance notice as possible before meeting dates

· clear and robust practices for keeping of meeting minutes and drafting of public exclusion resolutions

· publication of workshop records on the council’s website as soon as practicable after the workshop

· actively releasing confidential information as soon as practicable, when the reason for withholding has passed

· restating information in subsequent open meetings and keeping records of the workshop.

38. In principle, the holding of closed workshops does not mean that workshops are secret or inconsistent with the principles of transparency and openness. Any lack of transparency can be addressed through the proactive release of workshop information (where possible), restating information in subsequent open meetings and keeping records of the workshop.

39. Governing Body workshops are currently closed to public observation. To address transparency, workshop records are proactively published as part of its next meeting agenda, including presentations and other documentation discussed or made accessible.

40. At its 27 June meeting, the Governing Body agreed that from 1 September 2024 the default setting for its workshops will be open to the public unless the relevant chairperson considers it is reasonable to close a workshop in a particular case. They also agreed that the way the workshop will be made open to the public is by recording the workshop and uploading that video to the council’s website.

41. Staff will incorporate the Ombudsman’s recommendations into the next Local Board Services Best Practice Review, which will inform induction for the 2025-2028 term.

How to implement open workshops

42. Options for open workshops include:

· opening the workshop so the public can attend in-person

· providing remote access via MS Teams link without the public present in the room

· recording workshops without the public present and making available on Auckland Council’s website.

43. Each method for conducting an open workshop has its own risks, benefits, and operational impacts. These are currently being investigated further for each option. The resulting guidance will be included in the 2025-2028 Best Practices Review.

44. Guidance will also include considerations for when to close workshops if operating under a default open workshop approach. The Ombudsman recognises that in some instances it will be reasonable to close workshops to the public and that this should be considered on a case-by-case basis.

45. Should any local boards choose to change to open workshops before the next term begins, staff will assist in this process.

Tauākī whakaaweawe āhuarangi

Climate impact statement

46. The decisions in this report are not expected to have any significant impact on our climate objectives or targets. Staff have not quantified the impact of increased administrative requirements or the likely impact of increased travel requirements for in-person workshop observers.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

47. As staff are seeking a political decision from local boards on their approach, there has not been a comprehensive consultation with the council group.

48. Senior Governance staff provided views which largely reflect the pros and cons highlighted by elected members with some additional concerns including:

· low public attendance: the benefits of transparency are limited

· communication challenges: keeping the public updated on workshop details can be difficult due to last-minute changes

· reduced input opportunity: local boards may miss the chance to provide early input on topics not ready for public release

· staff exposure: open workshops may make staff vulnerable to inappropriate behavior, especially as their faces are visible to the public and their names may be published by the media.

49. The Ombudsman’s investigation had canvassed a few concerns and potential risks and concluded that while there are good reasons that exist for closing workshops, they did not consider controversy and complexity to be good reasons in themselves.

50. If the decision to open workshops is approved before next term, staff will need an implementation period to ensure the council group is properly briefed and supported.

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

Local impacts and local board views

51. Staff have gathered the views from some local board elected members with open workshops to understand their current experiences.

Benefits of open workshops

· Transparency and community connection: media access boosts public awareness of local board business, helps local board members gain recognition, and reduces reliance on social media.

· Access to information: even if public attendance is low, people appreciate the option which fosters a better understanding of decision-making and the ability to follow topics of interest.

Risks of open workshops

· Media sensationalism: can hinder effective governance by swaying decisions based on a few vocal individuals rather than the broader community.

· Public disruption: the presence of the public can alter interactions between board members and staff, leading to potential harassment of staff and reducing the willingness of staff to participate. Public interjections can derail workshop progress and disrupt important relationships, such as those with local iwi and community groups.

· Overemphasis: a small number of vocal attendees can gain disproportionate political influence, overshadowing the broader community's input.

52. Opinions on whether workshops should be open or closed varied. Some elected members preferred closed workshops to create a safe environment for staff, allowing for free and frank discussions in a more relaxed setting. They believed that open workshops often led to political posturing, which could harm the democratic process by giving undue influence to a small number of voices. And they noted negative impacts on subsequent community engagement, such as when the media prematurely releases information. Overall, they felt that the benefits were outweighed by the disadvantages.

53. Conversely, other elected members argued that workshops should be open to ensure transparency and public trust. They believed that the presence of the public generally did not pose significant issues. These chairs felt that board members should be prepared to handle the political environment and potential media exposure and public scrutiny.

Tauākī whakaaweawe Māori

Māori impact statement

54. Māori were not consulted on this report. There are no identified direct impacts on Māori arising from this report.

55. Open workshops would provide an opportunity for Māori to observe a workshop but would not provide for an opportunity to engage in the decision-making process and would not go beyond what is already available through invitation by a local board to engage directly on an issue.

Ngā ritenga ā-pūtea

Financial implications

56. There will be financial implications to open workshops, depending on how they are conducted, including time and cost of enabling online access or potentially managing security at a physical meeting. These costs will vary by board, including what technology is currently used, so will need to be considered on a case by case basis.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

57. The Ombudsman’s recommendations are non-binding. However, there may be reputational and/or political consequences arising from a failure to act where needed to respond to recommendations from the Ombudsman.

58. The Best Practice Review 2022 notes some risks that should be considered when opening a workshop, such as:

· increasing likelihood of breaching the LGOIMA and the Auckland Council Confidential Information Policy and Protocols through wilful or advertent ‘disclosure of information for which good reason to withhold would exist’

· discouraging free and frank exchange of views between members and provision of advice from staff, which is often necessary in the early stages of a project or idea

· potentially creating misinformation or confusion in the community about the status of projects

· increasing potential for Code of Conduct complaints about predetermination and conflicts of interest if elected members indicate specific preferences in a workshop

· exposing staff to opportunities for harassment and complaints based on comments made when giving free and frank advice to elected members (note Auckland Council has obligations under the Health, Safety and Work Act 2015 to ensure staff are not put at risk while conducting their role).

59. There is also a risk that workshops can be called or cancelled at very short notice. This may impact on members of the public that may plan to attend. Staff will do all they can to keep advertised information about workshops current.

60. Local boards can review their approach in the future if opening workshops by default leads to unintended adverse consequences.

Ngā koringa ā-muri

Next steps

61. If the local board decide to hold open workshops by default, staff will provide advice on practices, procedures, and information technology to support this decision.

62. If a local board requests to open their workshops before next term, staff will need an implementation period to ensure the council group is properly briefed and supported.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Alyson Roach - Senior Advisor Business Planning & Projects

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Feedback on the representation review initial proposal

File No.: CP2024/11628

Te take mō te pūrongo

Purpose of the report

1. To seek formal feedback from local boards on the initial representation review proposal.

Whakarāpopototanga matua

Executive summary

2. The Governing Body resolved the representation review initial proposal on 27 June 2024 for public notification and consultation outlined in the body of this report and provided in Attachment A.

3. Feedback on Auckland Council’s representation review initial proposal for the 2025 elections was received between 8 July and 8 August 2024.

4. Due to the proximity of the closing date for public feedback (8 August) and local board business meeting dates, this report provides the high-level summary of key themes. The feedback analysis report produced by the Insights team will be provided separately prior to the Puketāpapa Local Board business meeting.

5. At the time of writing this report, approximately 1050 submissions have been received. The final submission numbers will be communicated via the feedback analysis report.

6. Key themes included general support for the proposed changes in the central Auckland wards, North Shore wards, the Howick Local Board subdivision arrangements, and the minor local board boundary changes. Submissions on the proposed changes to the Rodney Local Board subdivisions raised a number of issues to be addressed in the final proposal.

7. The initial proposal includes minor changes to local board boundaries between the Puketāpapa and Maungakiekie-Tāmaki Local Board areas. At a high level, feedback is generally in support of the proposed changes, with the majority of feedback indicating that the changes are minor and logical.

8. The next stage is for the Joint Governance Working Party (JGWP) to review this feedback through a hearings process, which will close with deliberations on whether to recommend any changes to the initial proposal to the Governing Body. The Governing Body will then decide the final proposal on 26 September 2024.

9. Local board chairs who are members of the JGWP are requested to step aside from the development of their board’s formal feedback to enable them to fully participate in the work of the hearings panel.

10. If the local board wishes to provide feedback that the initial proposal should be amended, it is important to include sufficient reasoning for the JGWP to recommend an amendment. The reasoning should be in line with the requirement to consider the effective representation of communities of interest and fair representation (the 10 percent rule).

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) whiwhi / receive the summary of feedback on the representation review initial proposal via memo prior to the business meeting.

b) tuhi ā-taipitopito / note that the Joint Governance Working Party (JGWP) will hear submissions on the proposal including local board feedback, for a decision by the Governing Body on 26 September 2024.

c) whakarite / provide its formal feedback on the proposal.

d) tono / request to speak to its feedback in front of the JGWP at the hearing.

Horopaki

Context

Process

11. The Local Electoral Act 2001 (LEA) requires councils to follow a prescribed process within certain timeframes when undertaking a review of the representation arrangements. The proposed process and dates are provided below.

Action	Required timeframe	Planned timeframe
Resolution of initial proposal	By 31 July 2024	27 June 2024
Public notice of initial proposal	Within 14 days of resolving initial proposal	8 July 2024
Public consultation	Period of no less than 1 month	8 July – 8 August 2024
Hearings	-	2 – 13 September 2024
Resolve final proposal	-	26 September 2024
Public notice of final proposal	Within eight weeks of close of submissions	3 October 2024
Receive objections or appeals to final proposal	Period of no less than 1 month	3 October – 3 November 2024
Forward objections or appeals to the LGC for final determination	As soon as practicable but no later than 1 December 2024	4 November 2024
Final determination on proposal from the LGC	No later than 11 April 2025	-

12. The Governing Body confirmed the scope of the initial proposal for the 2025 representation review at its 30 May meeting before finalising and confirming the content of the associated public consultation material at its 27 June meeting. The proposal was publicly notified for feedback from 8 July to 8 August.

13. This report provides a summary of the key themes from feedback (including local board feedback, if made) and enables local boards to make a formal response to the initial proposal and other feedback via business meeting resolutions.

14. The Local Electoral Act 2001 requires the council to ensure that any person who makes a submission on the initial proposal is given a reasonable opportunity to be heard by the council.

15. The JGWP has been appointed as the panel to hear those that wish to speak to their written submissions over four days in September, including the 6 September to hear local board feedback and 13 September to deliberate and make recommendations to the Governing Body.

16. The JGWP recommendations will be reported to the 26 September Governing Body meeting, which will make a final decision on the proposal. If any objections or appeals are received, they will be assessed by the Local Government Commission.

17. A range of engagement events were held during the consultation period, some with a regional focus and some with a focus on local changes being proposed. These events were promoted through local communications, social media, and through the AK Have Your Say website. A full record of all events held during the consultation period is available on akhaveyoursay.nz/represent under ‘drop-in sessions’ and ‘webinars’. The webinar recordings are also available on the webpage.

18. All information relevant to the representation review has been made available through the AK Have Your Say website. In addition to providing access to the initial proposal and consultation documents, the website provided an interactive map with the ability to zoom in to inspect boundary locations. It also provided the events above and all the reports to the Governing Body and local boards, setting out the issues and options.

Tātaritanga me ngā tohutohu

Analysis and advice

Representation review initial proposal

19. The Governing Body resolved the representation review initial proposal on 27 June 2024 for public notification and consultation outlined below and provided in Attachment A.

a) Ward boundary / representation changes

i. changes to the Central Auckland ward boundaries (Waitematā and Gulf, Ōrākei, Maungakiekie-Tāmaki, and Albert-Eden-Puketāpapa wards) so they match the proposed local board boundary changes while still following the fairness of representation rule, as shown in maps 1.2, 1.3 and 1.4.

ii. enlarge the North Shore Ward to include an area around Bayview, reducing noncompliance with the fairness of representation rule. These changes align the North Shore and Albany ward boundary with boundary changes to Upper Harbour and Kaipātiki local boards, as shown in map 1.5.

iii. Noncompliance of the North Shore Ward, with a -13.82 per cent variance, as compliance would split a community of interest.

b) Local board boundary / representation changes

i. the Rodney Local Board subdivisions will be, as shown in maps 2.1 and 2.2:

A. North Rural, 2 members

B. South Rural, 2 members

C. Warkworth, 2 members

D. Kumeū, 2 members

E. Dairy Flat, 1 member

ii. the total number of members on the Howick Local Board will increase from 9 to 11 members. The subdivisions will be, as shown in map 3:

A. Howick, 3 members (no change)

B. Pakuranga, 3 members (no change)

C. Botany, 2 members (changed area)

D. Flat Bush, 3 members (new subdivision)

iii. minor changes to local board boundaries:

A. the boundary between the Upper Harbour and Devonport-Takapuna local boards will be changed so that all of Saunders Reserve is in the Upper Harbour Local Board area (Map 4.1)

B. the boundary between Kaipātiki and Upper Harbour local boards will run along Sunset Road (Map 4.1)

C. the boundary between Kaipātiki and Upper Harbour local boards in the vicinity of Kereru Reserve will be adjusted such that the parcel of land, Lot 3 DP 142477 (R 14 Kereru Grove), becomes part of the Upper Harbour Local Board area (Map 4.1).

D. the boundary between Kaipātiki and Upper Harbour local boards will be adjusted to include the residential area of Bayview that is north of Glendhu Road in the Kaipātiki Local Board area, noting that meshblocks will need to be adjusted to avoid affecting any reserve area in the Upper Harbour Local Board area (Map 4.1).

E. the boundary between the Puketāpapa and Maungakiekie-Tāmaki local boards will be adjusted such that all Taumanu Reserve lies within the Maungakiekie-Tāmaki Local Board area (Map 4.2)

iv. noncompliance with the 10 per cent rule for the following local boards for the reasons given in Attachment A:

A. Hibiscus and Bays

B. Maungakiekie-Tāmaki

C. Ōtara-Papatoetoe

D. Franklin

Feedback on the representation review initial proposal

20. Feedback on Auckland Council’s representation review initial proposal for the 2025 elections was received between 8 July and 8 August 2024.

21. The consultation document, feedback questions and maps are provided in Attachment A to this report.

22. Due to the proximity of the closing date for public feedback (8 August) and local board business meeting dates, this report provides the high-level summary of key themes. The feedback analysis report produced by the Insights team will be provided separately prior to the Puketāpapa Local Board business meeting.

High level summary of feedback

23. At the time of writing this report, approximately 1050 submissions have been received however the final submission numbers will be confirmed at a later date and communicated via the feedback analysis report.

24. Key themes included general support for the proposed changes in the central Auckland wards, North Shore wards, the Howick Local Board subdivision arrangements, and the minor local board boundary changes. Submissions on the proposed changes to the Rodney Local Board subdivisions raised a number of issues to be addressed in the final proposal. Table A summarises key feedback themes.

Table A – proposed changes and summary of feedback

Change type	Change detail	Feedback
Ward boundaries	Central Auckland ward boundaries (Waitematā and Gulf, Ōrākei, Maungakiekie-Tāmaki, and Albert-Eden-Puketāpapa wards)	Feedback is mostly in support of the proposed boundary changes. Those in support generally feel the proposal will improve representation and those opposed generally feel the proposal will divide communities.
Ward boundaries	North Shore ward boundaries (North Shore and Albany wards)	Feedback is mostly in support of the proposed boundary changes. Generally, those in support feel it is a logical proposal and those who do not support disagree with the need for any change.
Ward noncompliance	North Shore ward	Feedback is mostly in support of the proposed noncompliance.
Local board subdivisions	Rodney Local Board. Four subdivisions to five. New ‘North’ and ‘South’ rural subdivisions.	Feedback is mixed on the proposed subdivision changes, with the majority in support and the remainder split fairly evenly between ‘do not support’ and ‘I don’t know’. Generally, those in support agree with rural representation and those who do not support disagree with the proposal subdivision boundaries.
Local board subdivisions	Howick Local Board. Three subdivisions to four. Additional subdivision for Flat Bush area.	Feedback is mostly in support of the proposed subdivision changes. Generally, those in support agree with creation of Flat Bush subdivision and those who do not support disagree with the need for any change.
Local board members	Howick Local Board. Additional two members for the proposed Flat Bush subdivision.	Feedback included a small number of submissions in support of Flat Bush subdivision, but not the additional members.
Local board boundaries	Minor changes to boundaries across Upper Harbour, Devonport-Takapuna, Kaipātiki, Maungakiekie-Tāmaki, and Puketāpapa local boards	Feedback is mostly in support of the proposed minor local board boundary changes. Generally, those in support agree with the minor shifts and those who do not support feel there is not enough information.
Local board noncompliance	Hibiscus and Bays, Maungakiekie-Tāmaki, Ōtara-Papatoetoe, and Franklin local boards.	Feedback is mostly in support of the proposed local board noncompliance.

25. Through the consultation on the representation review initial proposal, the council received feedback on matters that are not covered by the representation review scope under the LEA. The key themes for out-of-scope feedback include, but are not limited to:

· support for wider review (including reverting to pre-amalgamation)

· feedback on Māori representation for Auckland Council

· support for a change from First Past the Post to Single Transferable Vote

· requests for more civic education opportunities to better understand council.

Local Board feedback on initial proposal

26. This report provides the mechanism through which local boards may receive both high level feedback and the full analysis report to inform their own feedback on the initial proposal.

27. Local board members who are also members of the JGWP are advised to stand aside from their local board feedback discussions to mitigate the risk of a perceived conflict of interest.

28. Local boards will have an opportunity to present their feedback during a hearing on the 6 September 2024. Further information will be communicated to the local boards who wish to speak to their submissions.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. There are no direct or specific climate change impacts resulting from this report or its implementation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30. The representation review proposes a number of relatively minor changes to representation arrangements, including to ward and subdivision boundaries, and in the case of the Howick Local Board, two additional members.

31. Should these or any further changes be confirmed, there will be some impact on council staff resourcing, which will mostly be absorbed within the local election work programme.

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

Local impacts and local board views

32. Local boards have been involved throughout the representation review process via their representatives on the JGWP, via workshops and business meeting resolutions.

Tauākī whakaaweawe Māori

Māori impact statement

33. The Houkura chair sits on the JGWP and engagement with Māori and mataawaka has been ongoing as part of the process of developing the initial proposal, including the local board reorganisation plan, which is not proceeding.

34. Separate engagement sessions on the consultation material were held with Māori and mataawaka during early July.

35. Feedback from Māori has focused less on the changes proposed through the representation review initial proposal and more on the need for specific Māori representation both on local boards and the Governing Body.

36. The current legislation only contains provisions for Māori representation on the Governing Body, not local boards. On 26 October 2023, the Governing Body decided to not establish Māori wards for the 2025 local elections, acknowledging the need for further work to be undertaken through the JGWP and reported back to the Governing Body by 31 December 2024.

Ngā ritenga ā-pūtea

Financial implications

37. There are no specific or direct financial implications resulting from this report. Should the proposed representation changes proceed at the 2025 local elections, there will be some impact on council budgets.

38. Direct costs associated with election process changes, modification of election material etc will be absorbed within the local election work programme. There will also be consequential costs on council’s systems and processes where matters are shifted from one ward or local board to another. Again, it is expected these would be absorbed within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. No specific risks have been identified with this report, which is simply seeking local board views on the representation review. Whatever representation arrangement changes occur as a result of this review will be assessed for risks as part of implementing those changes.

Ngā koringa ā-muri

Next steps

40. Local board feedback will be considered by the JGWP which has been appointed as the panel to hear feedback in early September and included as appropriate in the working party’s report to the Governing Body.

41. The Governing Body will make decisions on the representation review at it 26 September meeting. Any submitters may lodge objections or appeals to these decisions with the Local Government Commission from 3 October – 3 November, which will make final decisions.

42. Approved representation arrangements will be implemented as part of the October 2025 local elections.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Initial proposal document and feedback form	137

Ngā kaihaina

Signatories

Author

Libby Hetet -Senior Policy Project Manager Representation Review – Planning and Operations

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 August 2024

Addition to the Puketāpapa Local Board meeting schedule

File No.: CP2024/11380

Te take mō te pūrongo

Purpose of the report

1. To seek approval for an extraordinary meeting date to be added to the 2024 Puketāpapa Local Board meeting schedule to accommodate receiving public feedback and providing input to the Governing Body on the Representation Review 2024.

Whakarāpopototanga matua

Executive summary

2. The Puketāpapa Local Board adopted its 2022-2025 meeting schedule at its business meeting on Thursday, 17 November 2022 (PKTPP/2022/155).

3. At that time the specific times and dates for meetings for local board decision-making in relation to the Representation Review 2024 were unknown.

4. The local board is being asked to approve an extraordinary meeting to allow the local board to receive public feedback from consultation and provide feedback on the Representation Review 2024.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) whakae /approve the extraordinary meeting date to provide feedback on the Representation Review as follows:

· Thursday, 22 August 2024 at 10.00am

Horopaki

Context

5. The Local Government Act 2002 (LGA) and the Local Government Official information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.

6. In summary, adopting a meeting schedule helps meet the requirements of:

· Clause 19 Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Such notification may be provided by the adoption of a schedule of business meetings.

· Sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.

7. The Puketāpapa Local Board adopted its 2022-2025 business meeting schedule during its business meeting on Thursday, 17 November 2022 (PKTPP/2022/155).

8. At the 30 May 2024 Governing Body meeting, the Governing Body resolved on the following (GB/2024/61):

g) whakaae / agree to undertake, alongside the representation arrangements consultation for 2025 local elections, an initial public consultation process on the regional structure of local boards, ahead of a later public consultation on a full local board reorganisation proposal to implement for the 2028 local elections.

9. The timeframes for local board input into the Representation Review 2024 were unavailable when the meeting schedule was originally adopted in 2022.

10. The board is being asked to provide input by 28 August 2024 prior to Governing Body meeting. This timeframe is outside the board’s normal meeting cycle.

Tātaritanga me ngā tohutohu

Analysis and advice

11. The local board has two choices:

i) Add the meeting as an addition to the meeting schedule

ii) Add the meeting as an extraordinary meeting

12. For option one, there is not enough time to meet statutory requirements to allow enough time for this meeting to be scheduled as an addition to the meeting schedule and for other topics be considered as per any other ordinary meeting.

13. For option two, only the specific topic of the Representation Review Report may be considered for which the meeting is being held.

14. Since there is not enough time to meet statutory requirements, staff recommend option two, approving this meeting as an extraordinary meeting. This requires a decision of the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15. This decision is procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decision’s implementation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16. There is no specific impact for the council group from this report.

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

Local impacts and local board views

17. This report requests the local board’s decision to schedule an extraordinary meeting to provide input by 28 August 2024 before the Governing Body meeting and consider this report.

Tauākī whakaaweawe Māori

Māori impact statement

18. There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.

Ngā ritenga ā-pūtea

Financial implications

19. There are no financial implications concerning this report apart from the standard costs associated with servicing a business meeting.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

20. If the local board decides not to hold this extraordinary business meeting to their schedule this would result in the input of this local board not being able to be presented to the Governing Body.

Ngā koringa ā-muri

Next steps

21. Implement the processes associated with preparing for business meetings.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Selina Powell - Democracy Advisor
Authoriser	Nina Siers - Local Area Manager

Chairperson	Ella Kumar, JP
Deputy Chairperson	Fiona Lai
Members	Roseanne Hay
	Mark Pervan
	Bobby Shen
	Jon Turner

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