Ōrākei Local Board

29 August 2024

Feedback on the Representation Review initial proposal

File No.: CP2024/11804

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 Ōrākei 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 considered before the council adopts its final proposal.

7. The initial proposal includes a realignment of the Central Auckland ward boundaries of Waitematā and Gulf, Ōrākei, Maungakiekie-Tāmaki, and Albert-Eden-Puketāpapa wards with local board boundaries. At a high level, feedback is generally in support of the proposed changes. Those in support generally feel the proposal will improve representation and those opposed generally feel the proposal will divide communities.

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 recommended to step aside from participating in decision-making on 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 Ōrākei 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 submission on the proposal.

d) tono / request to speak to its submission 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.

1. Action	2. Required timeframe	3. Planned timeframe
4. Resolution of initial proposal	5. By 31 July 2024	6. 27 June 2024
7. Public notice of initial proposal	8. Within 14 days of resolving initial proposal	9. 8 July 2024
10. Public consultation	11. Period of no less than 1 month	12. 8 July – 8 August 2024
13. Hearings	14. -	15. 2 – 13 September 2024
16. Resolve final proposal	17. -	18. 26 September 2024
19. Public notice of final proposal	20. Within eight weeks of close of submissions	21. 3 October 2024
22. Receive objections or appeals to final proposal	23. Period of no less than 1 month	24. 3 October – 3 November 2024
25. Forward objections or appeals to the LGC for final determination	26. As soon as practicable but no later than 1 December 2024	27. 4 November 2024
28. Final determination on proposal from the LGC	29. No later than 11 April 2025	30. -

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 Ōrākei 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 submission on the initial proposal.

27. Local board members who are also members of the JGWP are recommended to stand aside from decision-making on their local board feedback to mitigate the risk of a perceived conflict of interest.

28. Local boards will have an opportunity to present their submission 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	15

Ngā kaihaina

Signatories

Authors

Libby Hetet - Senior Policy Project Manager - Representation Project

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Glenn Boyd - Local Area Manager

Ōrākei Local Board

29 August 2024

Joint traffic bylaw review feedback report

File No.: CP2024/11805

Te take mō te pūrongo

Purpose of the report

1. To receive feedback from local boards on the review of the joint Auckland Transport (AT) and Auckland Council (AC) traffic-related bylaws.

Whakarāpopototanga matua

Executive summary

2. Auckland Transport and Auckland Council both have powers to make traffic-related rules in Auckland.

3. The current rules are set out in several documents: Auckland Transport’s Traffic Bylaw 2012 (https://at.govt.nz/about-us/bylaws/traffic-bylaw-2012), Auckland Council’s Traffic Bylaw 2015 (https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/bylaws/Pages/traffic-bylaw.aspx) and Public Safety and Nuisance Bylaw 2013 (covering use of vehicles on beaches) (https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/bylaws/Pages/public-safety-nuisance-bylaw.aspx).

4. Auckland Transport and Auckland Council are conducting a review of these bylaws which has found that they are largely effective but that there could be efficiencies and improvements.

5. Auckland Transport seeks local board feedback on the proposed changes which will inform the proposals for future public consultation. Feedback is due by 19 September 2024.

6. After public consultation is completed, local boards will be provided with summaries of public feedback. Further feedback will be sought from local boards.

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a) whakarite / provide feedback on the proposed changes on the review of Auckland Transport (AT) and Auckland Council (AC) traffic-related bylaws outlined in Attachment A of the agenda report.

Horopaki

Context

Traffic bylaws

7. The use of Auckland’s road space, including some beaches and roads in parks, is regulated by national legislation (laws) and by local government rules through bylaws.

8. Both Auckland Transport and Auckland Council have powers to make traffic-related rules in Auckland. The current rules are contained across the following bylaws:

a) Auckland Transport Traffic Bylaw 2012 (covering the requirements for parking and control of traffic on roads under the care, control, or management of Auckland Transport).

b) Auckland Council Traffic Bylaw 2015 (covering traffic management in public places, like parks, beaches, off-street parking facilities (like libraries and community centres) and council-owned car parking buildings).

c) Auckland Council Public Safety and Nuisance Bylaw 2013 (covering use of vehicles on beaches).

9. Responsibilities for bylaws are allocated by control of the land. Auckland Transport’s rules apply to Auckland’s transport system, while Auckland Council’s rules apply to council-controlled land such as parks and beaches.

10. The bylaws provide a “framework” for regulating vehicle use, traffic and parking on Auckland’s transport system and on council-controlled land. This means that they enable activities like bus lanes to be created. However, the exact locations of the bus lanes are not in the bylaw but are set through resolutions, made later. This works well where there are location-specific needs that change over time.

11. Some topics in the bylaws are not site-specific. This is used where Auckland Transport want the same rule applied everywhere, and do not need a site-specific resolution for instance, to prohibit vehicles from being abandoned on roads or in public places.

Reviewing Auckland’s traffic bylaws

12. A joint review of Auckland’s traffic-related bylaws is being undertaken to ensure they continue to meet the needs of Aucklanders. For example, there have been changes in legislation and technology, and feedback from subject matter experts has indicated that there are things Auckland Transport can do to improve how we use bylaws.

Tātaritanga me ngā tohutohu

Analysis and advice

13. Auckland Transport subject matter experts will meet with and discuss the traffic bylaw review with the Ōrākei Local Board at a workshop on 8 August 2024.

14. Before that workshop, Auckland Transport and Auckland Council staff reviewed the bylaws across 18 different topics (listed in Attachment A) to identify if there were problems, whether the bylaws helped address those problems, and if there were any alternatives or improvements.

15. There were five possible options for each topic, which align with the statutory options to respond to the Bylaw review findings – retain, amend, replace and revoke. These are outlined in Attachment A.

16. Auckland Transport and Auckland Council advice to local boards can be summarised in the following set of key findings:

a) the current bylaws are generally effective, ensuring that Auckland’s land transport system connects people and places in a way that is safe, effective and efficient, and protects the environment

b) bylaws regulating vehicle use and parking controls by enabling controls to be set ‘if and where’ required to manage the use of the road space in Auckland have been particularly helpful (for example, to regulate the use of one-way streets, bus lanes and P60 parking spaces by resolution of a delegated authority) but could benefit from minor improvements

c) bylaws regulating vehicles on beaches and off-road parking could be improved to be more effective and efficient. For example, there are no infringement fines for vehicles on beaches and the process to enforce berm parking prohibitions is time consuming and costly

d) bylaws that regulate activities involving vehicles, machinery or equipment that is left, broken down, repaired, advertised or sold on roads or public places are not used. Additionally, reviewers found that other existing legislation and bylaws already address the problems better

e) a bylaw can no longer regulate new speed limits because speed management plans are required to be used instead

f) consideration should be given to the possible benefits of replacing the bylaws with a single bylaw made by both Auckland Transport and Auckland Council. While most of Auckland’s roads are the responsibility of Auckland Transport, the boundaries with Auckland Council controlled roads or public places can be indistinguishable.

17. The summary of the discussion and proposed changes are in Attachment A of this report.

18. At this stage of the review, Auckland Transport and Auckland Council have not finalised any final recommendations and therefore encourage local boards to provide feedback. This feedback will be incorporated in the proposals for the upcoming public consultation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. Auckland Transport and Auckland Council both support the outcomes sought by the Auckland Plan 2050, the Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan and other council climate priorities.

20. During the development of the bylaws, climate impacts were considered because effective bylaws are tool that helps give effect to these strategic directives, for instance:

a) parking restrictions regulated by bylaws can be used to provide clearways and bus lanes that allow for quicker and more reliable public transport

b) controlling vehicle access and use on beaches protects coastal biodiversity

c) the ability to control access by heavy vehicles to unsuitable residential roads or town centres helps to minimise carbon emissions by encouraging them to use arterial routes designed for these vehicles to use efficiently.

21. The bylaws are an ‘enabler’ for climate goals providing the regulatory tools required to enforce a variety of controls that contribute to climate change goals.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22. This review is being conducted jointly by Auckland Transport and Auckland Council. Other Council Controlled Organisations provided staff to assist with the initial review to ensure that impacts and their views were considered.

23. The Regulatory and Community Safety Committee discussed the review with staff and endorsed the Findings Report at a meeting on 02 July 2024.

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

Local impacts and local board views

24. Auckland Transport are currently holding workshops with all local boards throughout the month of August. These workshops will provide local boards with an opportunity to receive quality advice about the review and its finding.

25. Further engagement with local boards will be conducted post-public consultation to enable local boards to provide feedback after consideration of the consultation data. The timeframe for this will be communicated later this year.

Tauākī whakaaweawe Māori

Māori impact statement

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

27. Auckland Transport’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua 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

28. Using this framework for discussion, Auckland Transport informed iwi about the review in November 2023. The initial engagement was followed by a series of hui in July and August 2024 at which staff provided details of the review.

29. Māori have been informed and provided with opportunities to engage with the review and after public engagement is finished will be engaged with again.

Ngā ritenga ā-pūtea

Financial implications

30. This decision has no financial implications for Ōrākei Local Board because Auckland Transport funds all projects and programmes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31. The proposed decision does not carry specific risk for this local board. Bylaw application and enforcement is not a role of local boards and is not funded by local board budgets. This situation means that there is no legal or financial risk.

Ngā koringa ā-muri

Next steps

32. Local board feedback is due by 19 September 2024. After receiving this report, Auckland Transport will review the formal feedback from all local boards.

33. A further period of consideration is planned and on 8 October 2024, Auckland Council’s Regulatory and Community Safety Committee will review the bylaw review’s findings, options and recommendations and approve public engagement.

34. The Governing Body and the AT Board will also review the bylaw review’s findings, options and recommendations and approve public engagement on 24 October 2024 and 29 October 2024, respectively.

35. After public engagement, further local board feedback will be sought. Timelines for this engagement will be communicated after the committee decisions later this year.