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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 16 October 2024

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Erica Hannam

 

 

Melanie Kenrick

 

 

Tim Spring

 

 

Dr Janet Tupou

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Veshanka Chetty

Democracy Advisor

 

16 October 2024

 

Contact Telephone: (027) 306 9574

Email: veshanka.chetty@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Kaipātiki Local Board

16 October 2024

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Nau mai | Welcome                                                                  5

2          Ngā Tamōtanga | Apologies                                                   5

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

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes              5

5          He Tamōtanga Motuhake | Leave of Absence                      6

6          Te Mihi | Acknowledgements                              6

7          Ngā Petihana | Petitions                                       6

8          Ngā Tono Whakaaturanga | Deputations           6

8.1     Forest and Bird North Shore - Dog Management Bylaw and Policy                 6

9          Te Matapaki Tūmatanui | Public Forum                                6

10        Ngā Pakihi Autaia | Extraordinary Business     7

11        Soldiers Bay track upgrade stage two across the beach options for detailed design               9

12        Renewal of community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket for rooms at Nell Fisher Reserve, Birkenhead Library, 206 Hinemoa Street, Birkenhead.       29

13        Time of Use Charging - Local Board Feedback                                                                              39

14        Local board views on draft changes to dog policy and bylaw                                                 67

15        Kaipātiki Local Board Input into Council's submission on amendments to the Biosecurity Act                                                                        83

16        Summary of Confidential Decisions and related information released into Open           91

17        Kaipātiki Local Board Chairperson's Report 103

18        Members' Reports                                            109

19        Governing Body and Houkura Independent Māori Statutory Board                                      115

20        Workshop Records - Kaipātiki Local Board - September 2024                                                117

21        Hōtaka Kaupapa – Policy Schedule               127

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

 

 


1          Nau mai | Welcome

 

The meeting will be opened with a karakia.

 

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta 

Kia mātaratara ki tai         

E hī ake ana te atakura   

He tio 

He huka 

He hau hū  

Tīhei mauri ora

Cease o winds from the west

Cease o winds from the south

Bring calm breezes over the land

Bring calm breezes over the sea

And let the red-tipped dawn come

With a touch of frost

A sharpened air

And promise of a glorious day.

 

 

2          Ngā Tamōtanga | Apologies

 

At the close of the agenda no apologies had been received.

 

 

3          Te Whakapuaki i te Whai Pānga | Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

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

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

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

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

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

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

 

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)          whakaū / confirm the ordinary minutes of its meeting, held on Wednesday, 18 September 2024, as true and correct.

 

 

 

5          He Tamōtanga Motuhake | Leave of Absence

 

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

 

 

6          Te Mihi | Acknowledgements

 

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

 

 

7          Ngā Petihana | Petitions

 

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

 

 

8          Ngā Tono Whakaaturanga | Deputations

 

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

 

8.1       Forest and Bird North Shore - Dog Management Bylaw and Policy

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this deputation is to update the Kaipātiki Local Board regarding Auckland Council Review of Dog Management Bylaw and Policy.

Whakarāpopototanga matua

Executive summary

2.       Nicholas Mayne, on behalf of Forest and Bird North Shore, will be in attendance to address the board on this item.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whiwhi / receive the deputation from Forest and Bird North Shore and thank Nicholas Mayne for his attendance and presentation. 

 

Attachments

a          16 October 2024 - Kaipātiki Local Board business meeting - Auckland Council Review of Dog Management Bylaw and Policy presentation............................. 137

 

 

9          Te Matapaki Tūmatanui | Public Forum

 

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

 

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

 

10        Ngā Pakihi Autaia | Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 


Kaipātiki Local Board

16 October 2024

 

 

Soldiers Bay track upgrade stage two across the beach options for detailed design

File No.: CP2024/13963

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek approval on the preferred option to progress Stage Two of the beach connection track upgrade at Soldiers Bay, Birkenhead.

Whakarāpopototanga matua

Executive summary

2.       The sponsors of the Natural Environment Targeted Rate (NETR) approved an additional $500,000 in the financial year 2024/2025 to complete one final upgrade within the Kaipātiki Kauri Dieback work programme.

3.       The Kaipātiki Local Board agreed to upgrade the Soldiers Bay beach connection track project (to be delivered in two stages). The track from Island Bay Road down to the beach and the connection on the other side of the beach has been upgraded as part of Stage One. 

4.       Staff presented the identified options to the Kaipātiki Local Board at its workshop on 3 April 2024, noting that NETR would fund the consenting requirements for the preferred option in the financial year 2023/2024, leaving $500,000 for physical works in the financial year 2024/2025.

5.       The local board indicated support for both options, including the preferred option identified by the council’s planning team.

6.       The meeting notes from the pre-planning meeting are attached to the memo, along with maps of both options. Option one is recommended as it will have minor effects on the ecological and marine environments and enable the regeneration of the area.

7.       Staff are seeking the local board’s approval on progressing the preferred option of building a 1.2m wide coastal boardwalk through the mangroves, connecting into stage one across the beach to Soldiers Bay walkway.

8.       Staff will inform the key stakeholders and residents, and Māori engagement will be undertaken as part of the consent process.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whakaae / approve Option One (1.2m wide coastal boardwalk through the mangroves) for the Soldiers Bay Beach connection track upgrade for detailed design, consents, and physical works for financial year 2024/2025.

b)      tono / request staff to share Option One for the Soldiers Bay Beach connection track upgrade with the key stakeholders and residents within this area as the approved option for utilising the Natural Environmental Targeted Rate fund.

c)       tuhi ā-taipitopito / note that the above project is funded from the Natural Environment Targeted Rate (NETR), with funding only available for the financial year 2024/2025 and any additional funding required would need to come from local park renewals.

d)      tautapa / delegate the chairperson or a local board member authority to amend the project if recommended by staff, including:

i)        changes to project scope, timing.

Horopaki

Context

9.       The Natural Environment Targeted Rate was approved by the Governing Body to protect healthy kauri as the primary objective of the council’s kauri dieback management approach for both regional and local parks, as is preventing the spread of kauri dieback through – among other things - the isolation of any diseased specimens.

10.     To protect healthy kauri and prevent the spread of kauri dieback, staff analysed all local parks and reserves in the Auckland region and developed recommended mitigation measures for each park.

11.     Due to the indefinite closures of Muriel Fisher and Kauri Parks, the sponsors of the Natural Environment Targeted Rate (NETR) agreed to fund $500,000 in the financial year 2024/2025 to complete detailed design, consents, and physical works for Soldiers Bay Beach connection track upgrade (Stage Two) as part of the Kaipātiki Kauri Dieback work programme.

12.     Physical works for stage one of the project have been completed, and the track from Island Bay Road down to the beach and the connection on the other side of the beach have been upgraded. 

13.     At present, there are only informal tracks through the wetland and private property to an unconsented and unsafe bridge. Stage Two of this project will deliver a connection from Island Bay Road through to Kauri Point Centennial Park.

14.     Staff presented four options on the proposed pathways to key stakeholders on 5 October 2023 for discussion and feedback. The meeting was hosted by Pest Free Kaipātiki Restoration Society, and was attended by stakeholders, residents, and members of the Local Board. Specialist staff were also present to answer questions.

15.     The following options, shown in Figure 1 below, were discussed with the stakeholders:

a)      Option 1: Beach walk and coastal boardwalk
Walk along the beach, new boardwalk structure from the beach edge and continuing through the mangroves, land on the southern beach end (identified as light blue line).

b)      Option 2A – Mangrove track and boardwalk
Upgrade the existing alignment of the track, re-route before the private property boundary, and move the crossing point to the east of the current location. Continue structure with a new boardwalk utilising open spaces between mangroves (identified as purple line).

c)      Option 2B – Mangrove track and boardwalk
Upgrade informal secondary alignment of the track from the beach edge until the watercourse. Move the crossing point to the east of the current location. Continue structure with a new boardwalk, utilising open spaces between mangroves to help minimise impact (identified as pink line).

d)      Option 4 – Remove the existing unconsented bridge and leave the site as is with no crossing options (identified as yellow line).


 

Figure 1: Four options proposed for Stage Two

16.     Below is a summary of the feedback received at the stakeholder event on 5 October 2023: 

·        majority of people providing feedback preferred for the track to stay on the beach front area and/or follow the current pathway.

·        private property owners bordering the reserve stated they preferred the option of track staying away from their land and staying closer to the beach front.

·        preference to look at options for a full boardwalk and for the track to stay away from private land so that this area could be regenerated.

17.     At the stakeholder event, the local board requested that staff bring back only two options to the local board for consideration, after consulting with the council’s planning team.

Tātaritanga me ngā tohutohu

Analysis and advice

18.     Feedback from the stakeholder event on 5 October 2023, identified the need to only have two options, one along the beach and one by the original path location. 

19.     Staff met with Auckland Council planners and specialists to discuss and identify two options, including a preferred option. The two proposed options are:

·        Option One: 1.2m wide coastal boardwalk through the mangroves (preferred option).

·        Option Two: 1.2m wide coastal boardwalk closely following the alignment of the current track.

20.     Staff presented the above two options to the Kaipātiki Local Board at its workshop on 3 April 2024. The NETR sponsor has advised that Stage Two of the project will move to detailed design, consenting and physical works after the local board confirms its preferred option.

 

Proposed options for Stage Two

21.     Legend colours on the planning maps identifying both options:

·        light pink – existing walkway with stepping stones and unconsented bridge.

·        purple – upgraded track delivered as part of stage one.

·        dark pink – no formal upgrades – beach walk.

·        green – 1.2m wide coastal boardwalk.

·        blue – 1.2m wide aggregate track/or boardwalk structure.

·        orange – 1.2m wide aggregate track.

Option One – 1.2m wide coastal boardwalk through the mangroves


 

Option two: 1.2m wide coastal boardwalk closely following the alignment of the current track

22.     Staff met with the council’s planning team and key specialists for a planner-led pre-application meeting. Key notes from the meeting are included in the table below (refer to Attachment A of the agenda report):

Table 1: Key points from pre-application meeting

 

Option One

Option Two

Location

1.2m wide coastal boardwalk through the mangroves.

1.2m wide coastal boardwalk closely following the alignment of the current track.

Ecological impact

Likely to have minor effects due to lower volume of vegetation removal from wetland and sensitive areas, due to track length and location through mangroves, which are quicker to regenerate compared to other habitats within the area.

Decommissioning the existing track has ecological benefits as it will move disturbance away from informal unconsented pathways and improve the value/quality of the wetland habitat. This will allow for long-term regeneration of wetland and saltmarsh areas, which will naturally regenerate through the track realignment outside of these areas.

No terrestrial SEA vegetation will be affected.

Can condition a survey to identify habitats as part of the consent works around coastal bird breeding seasons.

Noted that the existing bridge on site is not consented and represents a health and safety risk to Auckland Council. This will be removed and decommissioned.

Concerns about the track's location works through and adjacent to saltmarsh and wetland, which have a higher ecological value than mangroves. Mangroves generally regenerate quicker than the saltmarsh/wetland areas and therefore option 1 is preferred in this regard.

No terrestrial Special Ecological Area (SEA) vegetation will be affected.

A condition for a survey to identify coastal birds breeding habitats can be put as part of the consent if this option was progressed.

Noted that the existing bridge on site is not consented and represents a health and safety risk to Auckland Council. This will be removed and decommissioned.

Coastal marine area

The site falls within the coastal erosion hazard area (CEHA) as per the Auckland Unitary Plan (AUP) definition. This will need to be managed as part of the track design.

If impact driving of piles is required for the construction of the boardwalk, this would trigger a consent for the generation of underwater noise. Consideration of fauna will need to be considered in this regard.

Assessment of effects should address effects on coastal processes, including sea level rise and hazards, coastal ecology, natural character, landscape and visual effects, public access and construction effects. No major concerns were raised by the specialist provided the above assessment of effects is provided.

The site falls within the CEHA as per the AUP definition. This will need to be managed as part of the track design.

If impact driving of piles is required for the construction of the boardwalk, this would trigger a consent for the generation of underwater noise. Consideration of fauna will need to be considered in this regard.

Assessment of effects should address effects on coastal processes, including sea level rise and hazards, coastal ecology, natural character, landscape and visual effects, public access and construction effects. No major concerns were raised by the specialist provided the above assessment of effects is provided.

Archaeology

An archaeological values effects assessment is not required; however, commentary (from a specialist or planner) will be required as part of an application of consent to identify if there are any known features in the area.

Auckland Design Manual (ADM) protocol to be implemented throughout site work and will be part of consent conditions.

An archaeological values effects assessment is not required. A condition can be attached to the consent to manage protocol, noting that the location of track works is mostly in an area of already disturbed soil which should be commented on within any application.

ADM protocol to be implemented throughout site work and will be part of consent conditions. There is a potential for more findings in this option due to inland location, however there is no known archaeological material.

Planning

Likely to be processed as non-notified consent provided a full record of community and stakeholder engagement is undertaken, specialist assessments completed and provided to the council.

Potential for ecological adverse effects could lead to public notification of the consent application, but this depends on stakeholder and specialist feedback.

 

23.     Option One would be the supported and recommended option based on analysis of adverse effects. While it requires some mangrove removal, which is the foraging habitat for birds, it avoids the saltmarsh and areas where birds are likely to be nesting. Therefore, the staff recommendation is to progress Option One (1.2m wide coastal boardwalk through the mangroves) to detailed design, consent, and physical works.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24.     Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan sets out two core goals:

o   to reduce greenhouse gas emissions to reach net zero emissions by 2050 and 

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

25.     The proposed walkway will have a positive impact on greenhouse gas emissions as the path will encourage walking, thereby contributing to a low carbon, safe transport system that delivers social, economic and health benefits.

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     Council staff from within the Community Directorate (Parks and Community Facilities Operational Management and Maintenance, and Sport and Recreation), have been consulted and are supportive of the project, as it will improve the tracks, help with ongoing maintenance, and provide a step free walking track for the community.

28.     Collaboration with staff will be ongoing throughout the life of the project to ensure integration in the operational maintenance and asset management systems for this park.

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

Local impacts and local board views

29.     Feedback from community on 5 October 2023 on the 4 options:

·        majority of people providing feedback preferred for the track to stay on the beach front area and/or follow the current pathway.

·        private property owners bordering the reserve stated preferred the option of track staying away from their land and staying closer to the beach front.

·        preference to look at options for a full boardwalk and for the track to stay away from private land so that this area could regenerated.

·        At the stakeholder event, the local board requested that staff bring back only two options to the local board for consideration, after consulting with the council’s planning team.

30.     Feedback from the Local Board at the 3 April 2024 workshop from the two options:

·        The local board indicated support for both options, including the preferred option, as identified by the council’s planning team.

·        The Auckland Council Planning meeting was on the same day but in the afternoon and their feedback was given to the Auckland Council planning team.

31.     This project is fully funded by the Natural Environment Targeted Rate (NETR) as the last project for the Kaipātiki Kauri Dieback Track Work Programme for financial year 2024/2025.

32.     There is no further funding identified within the Kaipātiki Kauri Dieback work programme for future years. If this project is not finished by 30 June 2025, then renewals funding will be required to complete project.

33.     Staff have advised that this project can be completed within the financial year 2024/2025, but this is dependent on the consents being non notified. Once detailed design is lodged, staff will complete tender documents and advise the need to complete project by 30 June 2025. 

Tauākī whakaaweawe Māori

Māori impact statement

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

35.     These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan operative in part, Whiria Te Muka Tangata Māori Responsiveness Framework, Kia Ora Tāmaki Makaurau - Māori Outcomes Performance Measurement Framework and the Kaipātiki Local Board Plan 2020.

36.     Māori have inhabited areas of the North Shore (Te Whenua roa o Kahu), including Birkenhead and Northcote, since the early 1700s. Fortified pa were located at Te Onewa / Northcote Point and Te Matarae o Mana / Kauri Point.

37.     Representatives from Te Kawerau ā Maki has been advised of the realignment of this pathway and will be included in the resource consent process. Staff will also share the detailed design for feedback.

Ngā ritenga ā-pūtea

Financial implications

38.     This project is fully funded by the Natural Environment Targeted Rate (NETR) as the last project for the Kaipātiki Kauri Dieback Track Work Programme for financial year 2024/2025.

39.     There is no further funding identified within the Kaipātiki Kauri Dieback work programme for future years. If this project is not finished by 30 June 2025, then renewals funding will be required to complete project.

40.     There is no financial impact to the local board’s budget unless this project is not completed within the financial year 2024/2025.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41.     This is a NETR funded project and is the last project for the Kaipātiki Kauri Dieback Track Work Programme for financial year 2024/2025.

42.     This project requires consenting, and the Auckland Council Planning team have advised that Option One is the preferred option for consenting and physical works.  If the project goes over the financial year 2024/2025 then Kaipātiki Local Board Renewals funding will be required to finish the physical works.

43.     Staff have advised that this project can be completed within the financial year 2024/2025 but this is dependent on the consents being non-notified. Once detailed design is lodged, staff will complete tender documents and advise the need to complete the project by 30 June 2025.

Ngā koringa ā-muri

Next steps

44.     Staff will progress Stage Two to detailed design and consent with physical works to be completed by 30 June 2025.

45.     Key stakeholders, residents and Iwi will be informed of the local board’s approved option. Stakeholders advised at the last meeting that they prefer an email advising options and, if required, would request a workshop if further guidance is needed.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Pre-application consenting memo meeting record

19

b

16 October 2024 - Kaipātiki Local Board business meeting - Soldiers Bay Options One and Two A4 Size

27

      

Ngā kaihaina

Signatories

Author

Leigh Radovan - Senior Project Manager - Kauri Dieback & Track Specialist

Authorisers

Julie Pickering - Head of Area Operations

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 








Kaipātiki Local Board

16 October 2024

 

 



Kaipātiki Local Board

16 October 2024

 

 

Renewal of community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket for rooms at Nell Fisher Reserve, Birkenhead Library, 206 Hinemoa Street, Birkenhead.

File No.: CP2024/13178

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a renewal of the community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket for rooms within the council-owned building at Nell Fisher Reserve, Birkenhead Library, 206 Hinemoa Street, Birkenhead, Auckland.

Whakarāpopototanga matua

Executive summary

2.       The Royal New Zealand Plunket Trust – Birkenhead Plunket seeks a renewal of their lease to continue occupation and operation from rooms within the council-owned building located at Nell Fisher Reserve, Birkenhead Library (refer to Attachment A of the Agenda Report – Satellite Site Plan). There are no variations requested by the group for this renewal.

3.       The trust currently holds the lease for a dedicated space with the council-owned Birkenhead Library where the initial term reached expiry on 30 April 2024. The lease provides for one right of renewal of five years with final expiry on 30 April 2029. The tenant is exercising this right of renewal.

4.       The renewal of this lease was identified and approved by the local board as part of the Parks and Community Facilities: Community Leases Work Programme 2023/2024 at its 19 July 2023 local board meeting (resolution number KT/2023/130).

5.       Staff have assessed the renewal application and all conditions of the renewal have been met by the applicant. A site visit was undertaken by the staff on 3 February 2024 and the facility appears to be in good condition and is well maintained. The premises are well utilised and a maintenance plan is in place.

6.       In progressing the renewal, a rent review is being undertaken in accordance with clause 5 of the lease. It is recommended from this review that the rent increases from $1 plus GST per annum to $1,300 plus GST per annum to align the level of rent with the Auckland Council Community Occupancy Guidelines 2012 (Updated July 2023). The trust pays an operational expenses fee of $1,225 plus GST per annum as the council pays all utilities for the building.

7.       The application aligns with the Local Board Plan 2023 outcome, ‘Belonging and wellbeing’. The trust provides support services and activities to support families with young children.

8.       Staff recommend that the renewal of the lease be granted as the trust has satisfied all the conditions for renewal.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whakaae / approve the renewal of the community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket at Nell Fisher Reserve, Birkenhead Library, 206 Hinemoa Street, Birkenhead, Auckland for the use of rooms space area comprising 49 square metres (more or less), as shown outlined in red on Attachment A Satellite Site Plan – Nell Fisher Reserve, Birkenhead Library, 206 Hinemoa Street, Birkenhead on the land described as Lot 1 Deposited Plan 58992, subject to the following terms and conditions:

 

i)          renewal term – five (5) years commencing 1 May 2024, with final expiry date on 30 April 2029.

ii)         rent – $1,300 plus GST per annum if requested, in accordance with clause 5 of the original lease agreement and also to align the level of rent with the Auckland Council Community Occupancy Guidelines 2012 (updated July 2023).

iii)        note that the community lease’s area sits on the land described as Part Lot 1 Deposited Plan 2922 and Lot 34 Deposited Plan 2922 which are part of the Birkenhead Library’s land described as Lot 1 Deposited Plan 58992.

b)      whakaae / approve all other terms and conditions as per the existing community lease agreement which commenced on 1 May 2019. 

 

Horopaki

Context

9.       Royal New Zealand Plunket Trust – Birkenhead Plunket has applied for a renewal of their lease for a dedicated space within the Birkenhead Library at 206 Hinemoa Street, Birkenhead at Nell Fisher Reserve, to continue occupation and operation from the premises.

10.     The current lease commenced on 1 May 2019 for an initial term of five years and provides for one right of renewal of five years with final expiry on 30 April 2029. The group is exercising this right of renewal.

11.     Under the renewal provisions of the lease, the council has a contractual obligation to grant the renewal, if the tenant fulfils the renewal conditions of the lease.

Land and Buildings

12.     The building is council-owned and sits on land legally described as Lot 1 Deposited Plan 58992 and is currently held in fee simple by Auckland Council as a classified local purpose (Public Library and Municipal Office) reserve, with the community lease’s area located on the land described as Part Lot 1 Deposited Plan 2922 and Lot 34 Deposited Plan 2922 of the reserve.

13.     The leased area is approximately 49 square meters (more or less). The group’s application aligns with the permitted activities undertaken from the premises and are in accordance with the land classification.

14.     The rooms within the council-owned building are tidy and well kept.

Royal New Zealand Plunket Trust – Birkenhead Plunket

15.     Royal New Zealand Plunket Trust is a leading provider of well child and family health services group with over 8,900 clients nationwide.

16.     The trust’s main activity is as New Zealand’s largest provider of services to support the health and wellbeing of children up to the age of five.

17.     The trust is a nationwide organisation with close to 9,000 children on its role at any one time. They provide a range of services including a 24/7 parenting helpline, parent education classes, health checks by nurses, and advice and support to families.

18.     The trust is committed to providing universal access to services for all children and families regardless of ethnicity, location or financial means.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessment of the application

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

20.     Staff assessed the renewal application and conducted a site visit on 3 February 2024. The tenant has satisfied the conditions for the renewal in the following manner:

a)         the activity of the group and users of the space supports the Kaipātiki Local Board Plan 2023 outcome, ‘Belonging and wellbeing’.

b)         the trust is not in breach of any of the lease conditions.

c)         the trust has open membership, allowing anyone with an interest in the group’s activities to join and caters to a wide variety of users.

d)         the trust’s financial accounts have a surplus with no known contingent liabilities.

e)         the trust provides support services and activities to support families with young children.

f)          the trust sustains its activities predominantly through grants, fundraising and government contract funding.

g)         the facility meets the needs of the group and is utilised as often as required by the trust’s clients.

 

Rent review

21.     The Governing Body, at its business meeting of 9 June 2023, approved the 2023/2024 Annual Budget, including amendments to the Community Occupancy Guidelines 2012 (resolution number GB/2023/101). The amendments increase the level of rent and maintenance fees for community occupancy.

22.     The annual rent for community occupancy has been increased to $1,300 plus GST per annum. The increased rental charge reflects a standard subsidised charge for community occupancy.

23.     The trust also pays an operational expenses fee of $1,225 plus GST per annum as the council pays all utilities for the building. This works out to approximately $25 per week.

24.     The lease agreement for Royal New Zealand Plunket Trust contains a rent review provision under clause 5. The rent review provision allows for the rental to be reviewed at renewal if there is a change in policy.

25.     To align with the revised fees and charges under the Community Occupancy Guidelines 2012 (updated July 2023), the recommendation is to review the rent in accordance with the lease provision, to $1,300 plus GST per annum.

26.     As of 1 January, the opex rate has increased to $45 per square metre. This is to be implanted in a phased approach. As such staff recommend for this fee to be reviewed at the expiry of the trust’s lease agreement, to allow the trust to work towards their future plans and forecast appropriately for the maintenance and operational expenditure for the Royal New Zealand Plunket Trust – Birkenhead Plunket’s clinics.

Local board discretion

27.     While the Governing Body adopted the amendments to the guidelines, local boards still hold the prerogative to vary the amount of rent for leased premises.

28.     If the board chooses to retain the level of rent at $1, there will be no requirement for the board to top up the community lease revenue budget. However, the board will not have the benefit of the additional revenue if rent is increased.

29.     The cost recovery increases for community lessees and licensees will provide local boards with a financial lever to ease their respective budgetary constraints.

30.     The lease has a Community Outcomes Plan appended. The Community Outcomes Plan identifies the group services and activities which provide a benefit to the community and sets target measures to evaluate the group’s performance. The group has met its targets specified in the outcomes plan.

31.     Staff recommend that the renewal of lease be granted and the rent be reviewed in accordance with the terms and conditions of the operative lease. The group has satisfied all the conditions for renewal. In addition, the financial accounts of the group have been assessed which shows that the group has the ability to meet the revised rental.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     It is anticipated that activation of the park will have no impact on greenhouse gas emissions because the proposal continues an existing activity and does not introduce any new sources of emissions.

33.     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.

 

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 the site does not sit in close proximity to a coastal inundation area.

36.     No part of the building or improvements are located in a flood-sensitive area (refer to Attachment B of the Agenda Report – Nell Fisher Reserve, Birkenhead Library Climate Impact location).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

37.     The proposed lease renewal has been consulted on with staff from the Area Operations from the Parks and Community Facilities department. No concerns were raised. They are supportive of the proposed lease as it will continue to benefit the local community in creating healthy lifestyle activities.

38.     There is a continued need for the trust to use the premises as they provide valuable service to the community by provision of support for families with young children from the dedicated space within the Birkenhead Library and the premises are not required for any other purpose.

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

Local impacts and local board views

39.     The renewal of this lease was identified and approved by the Kaipātiki Local Board as part of the Parks and Community Facilities: Community Leases Work Programme 2023/2024 at the 19 July 2023 local board meeting (resolution number KT/2023/130). This report considers the renewal of the community lease as approved on the work programme.

40.     The recommendations within this report fall within the local board’s delegated authority relating to local sport and community facilities. This report asks the local board for a decision to grant a renewal of a community lease.

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 2021-2031, 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.

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.

45.     There is no statutory requirement for public notification or Iwi engagement for this lease renewal. Public notification and iwi engagement were undertaken at the time of the initial term of the lease.

Ngā ritenga ā-pūtea

Financial implications

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 plus GST 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 on renewal of the lease and at the expiry of the initial term.   

48.     The trust also pays an operational expenses fee of $1,225 plus GST per annum as the council pays all utilities for the building. This works out to approximately $25 per week.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49.     Should the Kaipātiki Local Board resolve not to grant a renewal of the community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket at Birkenhead Library, 206 Hinemoa Street, Birkenhead, the trust’s ability to undertake future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcomes.

50.     Under the renewal provisions of the lease, the council has a contractual obligation to grant the renewal, if the tenant fulfils and has satisfied the renewal conditions of the lease.

Ngā koringa ā-muri

Next steps

51.     If the local board resolves to grant the proposed renewal of the community lease, staff will work with the Royal New Zealand Plunket Trust – Birkenhead Plunket to finalise the deed of renewal in accordance with the local board decision.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board Business Meeting - Attachment A Satellite Site Plan- Nell Fisher Reserve Birkenhead Library, 206 Hinemoa Street, Birkenhead

35

b

16 October 2024 - Kaipātiki Local Board Business Meeting - Attachment B Nell Fisher Reserve, Birkenhead Library Climate Impact location

37

     

Ngā kaihaina

Signatories

Author

Jeimy Figueros Meza - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 


Kaipātiki Local Board

16 October 2024

 

 


Kaipātiki Local Board

16 October 2024

 

 

Time of Use Charging - Local Board Feedback

File No.: CP2024/15409

 

  

Te take mō te pūrongo

Purpose of the report

1.       To inform and seek feedback on aspects of the Time of Use Charging programme from local boards.

Whakarāpopototanga matua

Executive summary

2.       The Time of Use Charging programme is developing policy settings and options analysis to inform the Auckland Council group what a successful scheme in Auckland could look like and what enabling legislation would be required for this. This will inform a council group submission to the Select Committee process once legislation has been drafted and contribute to a detailed design process.

3.       Feedback received from local boards will inform policy and scheme designs, along with the submission to Select Committee.

4.       This report invites feedback from local boards for the first round of engagement for the project.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whakarite / provide feedback and insights on issues related to Time of Use Charging policy development, based on discussions held at local board workshops during August / September 2024.

Horopaki

Context

5.       In 2020, the Auckland Transport Alignment Project partners investigated the potential for congestion charging in Auckland and The Congestion Question (TCQ) report. The report studied different types of congestion charging and approaches to implementation. The full report is available here: www.transport.govt.nz/area-of-interest/auckland/the-congestion-question

6.       In August 2021, Parliament’s Transport and Infrastructure Select Committee recommended that government legislate to allow New Zealand cities to use congestion pricing as a tool in transport planning.

7.       In November 2023, Auckland Council’s Transport and Infrastructure Committee (TIC) asked Auckland Transport (AT) and Auckland Council (AC) to establish a time of use charging programme (“the programme”) to further develop policies and investigate scheme designs for a potential scheme in Auckland.

8.       AT and AC have developed a programme of work to investigate what a scheme could look like in Auckland with the aim to have it implemented following legislation enactment.

9.       In June 2024, TIC endorsed the programme’s primary objective, “to manage travel demand to achieve an improvement in road network performance by reducing congestion, increasing the throughput of people and goods, and improving the reliability of the road network”.  In addition, TIC noted that the programme will undertake detailed analysis of the recommended options from TCQ, which included a city centre cordon, and strategic corridors on the inner isthmus; as well as highly congested locations across the motorway and arterial network.

10.     In August 2024, the Minister of Transport announced that enabling legislation for Time of Use Charging was being developed, with an aim to introduce it to parliament in late 2024, with Select Committee and enactment in 2025.

11.     The programme intends to take advice to the Auckland Council Transport, Resilience and Infrastructure Committee (TRIC) in late 2024 or early 2025. This advice would also form the basis of an Auckland Council Group submission to Select Committee.

12.     Feedback from early engagement with partners and key stakeholders, including mana whenua, local boards, key stakeholders and community panels, will be considered in the advice given to TRIC.

13.     Future stages of scheme development are subject to legislative development. Extensive engagement is planned to be undertaken throughout the process, including public consultation and with local boards.

Tātaritanga me ngā tohutohu

Analysis and advice

Policy and Option Development

14.     Time of Use Charging is a method used to help ease congestion by charging road users to travel at specific times and/or locations to encourage some users to change the time, route or way in which they travel.

15.     The TCQ report is the primary reference for the discussion of congestion pricing. Analysis showed that Auckland’s congestion is getting worse, noting in 2020 that an average weekday motorway trip took almost 10 percent more time than it did in 2016, and that motorists needed to allow an additional 40 to 55 percent longer for their trips to be assured of arriving on time.

16.     Additionally, congestion was increasingly a problem throughout the day and at weekends, not just at peak times. The TCQ report found that without congestion pricing, congestion was expected to become more widespread, even after significant investment in roading, public transport and active transport modes. It is a situation that compromises Aucklanders’ access to jobs, education and other opportunities and makes it more difficult to travel around the region, thereby negatively impacting both the productivity and liveability of the city. It found:

i)       International evidence from several cities shows congestion pricing is being used successfully to influence travel demand and ease congestion.

ii)       Auckland’s widespread congestion, heavy car dependency and dispersed commuting patterns present unique challenges for a congestion pricing solution.

iii)      Technology exists to enable a wide range of solutions.

iv)      It was better to investigate smaller scale options that could be used as ‘stepping stones’ for developing a wider system. An evolving system would allow for close monitoring and the effective management of issues that arise.

v)      Building public understanding and acceptance will be critical to successfully implementing any congestion pricing solution.

17.     To understand what a successful time of use charging scheme could look like in Auckland, the programme is considering policy settings and an assessment of different scheme design options against the following assessment criteria: network (including public transport alternatives), social impact, economic impact, practical, cost benefit analysis and environmental impact.

18.     While seeking to reduce congestion, it is recognised that those gains need to be considered against wider impacts on the transport network, people and businesses. Informed by the TCQ report and feedback from TIC, the programme recommends the following core policy principles for any proposed scheme to be successful:


 

 

i)       Effective: Improve network performance.

ii)       Fair: Minimise and mitigate adverse social impacts and ensure benefits and costs are fairly distributed across users.

iii)      Simple: Be easy to understand and avoid complexity.

iv)      Feasible: Able to be implemented.

19.     The introduction of a time of use charge will result in secondary outcomes. These will be measured but are not factors that will drive how a scheme is designed:

i)          Revenue generation.

ii)         Public transport mode shift.

iii)        Public health through emissions reduction.

20.     Additionally, the current work programme aims to minimise the impact of the following undesirable consequences, while ensuring viable public transport options are available to support the implementation of a scheme:

i)          Diversion impacts i.e., managing traffic created by people avoiding routes that incur charges.

ii)         Community severance i.e., the potential impact on social relationships and cohesiveness created by charging for travel on some roads.

iii)        Major differences in user net costs and benefits, ensuring that road users are getting value for money.

iv)        Exacerbated transport deprivation; to ensure the fair distribution of costs and benefits across all communities. Specifically considering that charges do not further reduce transport options in areas without adequate public transport alternatives.

21.     The programme has identified three broad options and will assess them against these objectives to develop more detailed options that can be discussed further during engagement.

22.     The programme is not seeking to finalise a single option at this stage. Instead, work is focused on understanding the situation and the complexities associated with different scheme designs.

Engagement Activities

23.     An essential part of this process is understanding the expectations of Auckland communities. The programme is currently engaging early with local boards, mana whenua and key stakeholders. The aim is to understand the views of a broad range of stakeholders and communities so that this information can inform the policy design work, the council’s submission to Select Committee and further engagement phases prior to public consultation.

24.     Local boards are encouraged to provide feedback, and a feedback submission form has been included with this report (refer to Attachment A of the agenda report).

25.     Future engagement and consultation activities are to be confirmed through the legislative development process, with the expectation that extensive engagement will be undertaken in the future, including public consultation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

27.     Impacts to water, air and emissions are expected as secondary outcomes of a time of use charging scheme. These factors will be measured and expanded upon in the development of scheme design options. 

28.     Time of use charging is an ‘enabler’ for climate goals promoting more efficient use of the existing network and encouraging use of less polluting modes of travel.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29.     This programme is being delivered jointly by AT and AC.

30.     TIC has endorsed in principle a congestion pricing scheme in Auckland and understand the benefits and disbenefits of a scheme, along with the need to have public transport services and projects in place across Auckland on an equitable basis to allow road users to switch to alternative modes where appropriate.

31.     Auckland Council’s Governing Body was involved in developing the Auckland Transport Alignment Plan which studied congestion charging and led to the commissioning of the TCQ report. The Governing Body was also engaged during the development of the TCQ report.

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

Local impacts and local board views

32.     A workshop was held with the Kaipātiki Local Board on 28 August 2024 providing an introduction to the work underway. A copy of the presentation and memo is included as Attachment B and Attachment C to this agenda report.

33.     Local board workshops provided an opportunity for the programme to understand local boards’ initial views which included the importance of good public transport options, concerns about impacts on lower socio-economic communities and a desire to see any revenue raised reinvested into transport in Auckland.

34.     This report provides the local board with an opportunity to provide feedback either using the attached feedback form or via a resolution.

Tauākī whakaaweawe Māori

Māori impact statement

35.     AT and AC are committed to meeting their responsibilities under Te Tiriti o Waitangi as well as broader legal obligations to be responsive to Māori.

36.     AT’s Māori Responsiveness Plan outlines its 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 AT website: https://at.govt.nz/about-us/transport-plans-strategies/maori-responsiveness-plan/#about

37.     Using this framework for discussion, AT began engagement with mana whenua via hui in June 2024. This initial engagement will be followed by engagement at ongoing hui at governance and operational levels. Further opportunities for engagement are currently being identified in alignment with programme deliverables.

38.     As the programme progresses, the impact of a time of use charge on Māori will be analysed in increasing detail, providing a full understanding of what these charges will mean for Māori communities in Tāmaki Makaurau.

39.     Māori will be informed and provided with opportunities to engage with the programme so their views can inform the policy and scheme designs.

Ngā ritenga ā-pūtea

Financial implications

40.     Funding for Time of Use Charging has been included in the Regional Land Transport Plan.

41.     Government co-funding is subject to legislation and the National Land Transport Fund.

42.     Further information on financial implications will be provided during future stages of the programme.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43.     Providing feedback on time use charging currently does not carry any legal or financial risk to the local board.

44.     This process is to seek initial views only. If local boards have concerns about resolving feedback before understanding the views of their community, they may choose to delay providing feedback until formal engagement takes place in 2025.

Ngā koringa ā-muri

Next steps

45.     The programme will review all feedback from local boards. Feedback will help inform the programme of work prior to reporting to TRIC in December 2024, followed by the Select Committee in 2025.

46.     Further engagement with local boards will be sought as policy settings and scheme design progresses in conjunction with legislation development.

47.     Once legislation is passed in 2025, AT and AC expect to work closely with NZTA to develop a scheme for Auckland. Part of this process will include broad engagement and consultation with local boards, stakeholders and the public.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Time of Use Charging Feedback Form

45

b

16 October 2024 - Kaipātiki Local Board business meeting - Time of Use Charging Workshop Presentation

51

c

16 October 2024 - Kaipātiki Local Board business meeting - Time of Use Charging Workshop Memo

65

     

Ngā kaihaina

Signatories

Author

Ben Stallworthy - Principal Advisor Strategic Relationships, Auckland Transport

Authorisers

John Gillespie - Head Stakeholder/Elected Member Management, Auckland Transport

Lou-Ann Ballantyne - General Manager - Local Board Services

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 






Kaipātiki Local Board

16 October 2024

 

 














Kaipātiki Local Board

16 October 2024

 

 



Kaipātiki Local Board

16 October 2024

 

 

Local board views on draft changes to dog policy and bylaw

File No.: CP2024/15665

 

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the local board views on draft proposed changes to Auckland Council’s policy and bylaw on dogs.

Whakarāpopototanga matua

Executive summary

2.       To enable the local board to provide its views on draft proposed changes to the Auckland Council Kaupapa mo ngā Kurī | Policy on Dogs 2019 (Policy) and Ture a Rohe Tiakina Kurī | Dog Management Bylaw 2019 (Bylaw), staff have prepared a summary in Attachment A of the agenda report.

3.       The changes are in response to a statutory review by the Regulatory and Community Safety Committee and preferred options of an Elected Member Working Group.

4.       Key draft proposed changes are to:

·        set a limit on the number of dogs one person may walk both on-leash and off-leash

·        amend or clarify the dog access rules in 14 regional parks

·        clarify some existing rules in the Policy and Bylaw

·        reorganise and reformat existing Policy content.

5.       Staff recommend the local board provide its views on the draft proposed changes. Taking this approach will help develop a proposal to improve the Policy and Bylaw.

6.       There is a reputational risk that the proposed changes or the local board’s views do not reflect the views of people in their local board area. This risk would be partly mitigated by the opportunity for the local board to provide views on public feedback prior to deliberations.

7.       The Regulatory and Safety Committee will consider the local board views in December and recommend a proposal to the Governing Body. Public consultation on the proposal is scheduled for early 2025, deliberations in June and final Governing Body decision in July.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whakarite / provide feedback on draft proposed changes to the Auckland Council Kaupapa mo ngā Kurī | Policy on Dogs 2019 and Ture a Rohe Tiakina Kurī | Dog Management Bylaw 2019 summarised in Attachment A of the agenda report.

 

Horopaki

Context

Council is required to have and review a policy on dogs and bylaw to implement the policy

8.       The Dog Control Act 1996 requires Auckland Council to have a policy on dogs and a bylaw to give effect to it by specifying rules that dog owners must comply with.

9.       The Auckland Council’s Kaupapa mo ngā Kurī / Policy on Dogs 2019 (Policy) and Ture ā Rohe Tiakina Kurī / Dog Management Bylaw 2019 (Bylaw) were originally made in 2012 (resolution number GB/2012/157). The Policy was amended, and the Bylaw replaced in 2019 (resolution number GB/2019/71).

The Policy and Bylaw aim to keep dogs as a positive part of Aucklanders’ lives

10.     The Policy and Bylaw seek to keep dogs as a positive part of the life of Aucklanders by:

·        focusing on registration, classification, education and information, a balanced approach to dog access in shared spaces and problem response and reduction

·        Animal Management staff using a modern regulator approach to compliance (information, education, enforcement)

·        being part of a wider regulatory framework.[1]

A recent Policy and Bylaw review identified improvements

11.     In June 2024, the Regulatory and Community Safety Committee completed a review of the Policy and Bylaw and requested the development of options for improvements and a proposal on the preferred option (resolution number RSCCC/2024/47).

12.     A Joint Working Group[2] provided guidance on the preferred options to enable the development of a proposal for consultation.

13.     A summary of the draft proposed changes is contained in Attachment A of this report.

The local board has an opportunity to provide its views on the draft proposed changes

14.     The local board has an opportunity to provide its views on the draft proposed changes in Attachment A by resolution to the Regulatory and Safety Committee before a final proposal is adopted for public consultation.

15.     For example, the board could support the draft proposed changes for public consultation, recommend changes or defer comment until it has considered public feedback on the proposal.

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposed changes seek to improve the current Policy and Bylaw

16.     The draft proposed changes seek to improve the current Policy and Bylaw across five topics.

17.     The Table below summarises the key draft proposed changes. Attachment A of the agenda report contains more details, including other options considered by the Working Group.

Proposed key change

Reasons for proposal

·  Set a limit on the number of dogs a person may walk at one time (maximum of six dogs of which no more than three dogs are allowed under control off-leash at any one time)

·   Proportionately addresses evidence of nuisance and distress and provides for the needs of dogs and their owner.

·   Provides consistent guidance to the public which is easy to understand and comply with.

 

Changes to dog access rules at:

·  Auckland Botanic Gardens off-leash area, busy community areas and waterways

·  Te Ārai Regional Park to prohibit dogs from Te Ari Beach South (including Forestry Beach)

·  Hunua Ranges Regional Park to prohibit dogs from connecting roads and tracks, and single-use mountain bike tracks

·  Mahurangi Regional Park to prohibit dogs from Cudlip Point Loop Track and simplify rules to align with operational practices

·  Pākiri Regional Park to prohibit dogs on the associated beach

·  Scott Point (Mahurangi Regional Park) to prohibit dogs from the homestead grounds and change Scott Point and associated beaches time and season rule

·  Shakespear Regional Park to clarify the Army and Okoramai Bays prohibition rules and change the grassland area rule

·  Tāpapakanga Regional Park to clarify lambing season rule

·  Waitawa Regional Park to change off-leash rule to on-leash, the current on-leash on the Eastern end of Mataitai Beach, and the off-leash rule on the eastern end of Mataitai Beach. Prohibit dogs from single use mountain bike tracks, clarify lambing rule

·  Whakanewha Regional Park to allow on-leash dog access on western most tracks

·   Minimises conflicts over space between dogs and people.

·   Prevents environmental damage.

·   Minimises health and safety risks on people or other animals in busy areas (such as popular beaches and mountain bike tracks).

·   Protects ecological areas or endangered wildlife.

·   Makes the rules clearer, consistent, and easier for the public to understand and follow.

·   Updates the rule to reflect change in land-use (such as land no longer used for farming).

·   Provides more practical access to dog access areas.

Clarify dog access rules at six regional parks:

·   Te Ārai Regional Park for access to the quarry off-leash area

·   Long Bay Regional Park for access to the beach

·  Wenderholm Regional Park no change to current dog access

·  Ambury Regional Park, no change to current dog access

·  Muriwai Regional Park, no change to current dog access

·  Tāwharanui Regional Park, no change to current dog access

·   Protects ecological areas or endangered wildlife.

·   Makes the rules clearer, consistent, and easier for the public to understand and follow.

·   Provides more practical access to dog access areas.

Clarify the requirements to neuter menacing dogs, who can provide a menacing dog behavioural assessment and term ‘urban residential’ and align Policy objective statement and methods.

·   Improves certainty by making rules clearer, easy to understand and comply with.

Clarify the shared use of public space access principle and better define ‘public place’, include reference to ‘private ways’, better recognise wildlife in access principles, update and remove outdated information in Schedule 2 for example removing references to Maunga and outdated landmarks, include a statement about compliance, better define the Policy objective and focus areas, clarify the link between Policy methods and Policy schedules.

·   Improves certainty by making rules clearer, easy to understand and comply with.

·   Removes duplicate and out of date information. 

Clarify the application of region-wide dog access rules such as rules for council carparks and camping grounds and rules and exemptions for working dogs and dogs in vehicles, clarify how the Bylaw implements default on-leash rules in the Policy.

·   Improves certainty by making rules clearer, easy to understand and comply with.

Reorganise, reformat, and remove duplicated information in the current Policy.

·   Removes duplicate and out of date information.

·   Easier to read and understand.

 

Staff recommend the local board consider providing its views on the draft proposal

18.     Staff recommend that the local board consider the draft proposed changes and whether it wishes to provide its views by resolution to the Regulatory and Safety Committee. Taking this approach will help develop a proposal to improve the Policy and Bylaw.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19.     There are no implications for climate change arising from this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20.     The draft proposed changes impact the Animal Management, Biodiversity, Regional Operations (Regional Parks) and Natural Environment departments of council. 

21.     Relevant staff input was sought to inform the draft proposed changes, and staff are aware of the impacts of the changes and their implementation role.

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

Local impacts and local board views

22.     The Policy and Bylaw impact local governance and are of high interest (8,028 public submissions received in response to proposed changes in 2019).

23.     Local Board representatives on an Elected Member Working Group in August 2024, helped identify preferred options to inform development of the draft proposed changes.

24.     All local boards held workshops on the draft proposed changes to inform any views in response to this report.

25.     Local boards will have a further opportunity to provide views on any local public feedback to any proposed changes prior to deliberations in June 2025. 

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Policy and Bylaw support manaakitanga, whanaungatanga and kaitiakitanga in Houkura | the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau and the Schedule of Issues of Significance by providing regulations that help protect people and the environment from harm caused by dogs.

27.     Feedback by Māori generally aligns with the other feedback received as part of the review. Mana whenua and mataawaka feedback will be sought on any proposed changes as part of the public consultative process.

Ngā ritenga ā-pūtea

Financial implications

28.     There are no financial implications to the local board for any decisions on the draft proposed changes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29.     The following risks have been identified:

If…

Then…

Mitigation

… the views of the local board on the draft proposed changes may differ from the views of people in the community.

… there may be negative attention to council regarding the Policy and Bylaw.

(medium reputational risk)

The local board will have an opportunity to consider any public feedback and provide its formal views to a Panel prior to the final decision being made.

 

 

Ngā koringa ā-muri

Next steps

30.     Staff will present the local board views and a Statement of Proposal of proposed changes to the Policy and Bylaw to the Regulatory and Safety Committee on 3 December 2024.

31.     Public consultation on the Proposal is scheduled for early 2025, deliberations for June 2025 and final Governing Body decision in July 2025.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Summary of the draft proposed changes to the Auckland Council Policy and Bylaw on Dogs

73

     

Ngā kaihaina

Signatories

Author

Kylie Hill - Principal Policy Advisor

Authorisers

Louise Mason - General Manager Policy

Lou-Ann Ballantyne - General Manager - Governance & Engagement

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 










Kaipātiki Local Board

16 October 2024

 

 

Kaipātiki Local Board Input into Council's submission on amendments to the Biosecurity Act

File No.: CP2024/15193

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide Kaipātiki Local Board’s feedback into Council’s submission on amendments to the Biosecurity Act. 

Whakarāpopototanga matua

Executive summary

2.       New Zealand’s biosecurity system underpins trade, primary production, and biodiversity. The Biosecurity Act 1993 provides the legal framework for the biosecurity system. The Biosecurity Act helps keep harmful organisms out of New Zealand, manage those that get into the country, manage established pests and diseases, and assure trading partners of the quality of our exports.

3.       The Biosecurity Act interacts with other regulatory systems (such as biodiversity, food safety, animal welfare and human health). The biosecurity system is complex with multiple components, rules and participants that rely on each other to protect New Zealand’s way of life and values.

4.       The whole system, including the Biosecurity Act is now over 30 years old, with the context changing significantly since it was enacted. Biosecurity threats to New Zealand are growing in scale and complexity. The biosecurity system needs a modern biosecurity law that reflects the context and environment that the country is operating in today.

5.       The Ministry for Primary Industries (MPI) has completed a review of the Biosecurity Act 1993. While the Biosecurity Act is working well, there are some critical areas that need legislative change. MPI proposes amending the Biosecurity Act to deliver solutions to these problems and capitalise on the opportunity to do things better.

6.       MPI have developed a range of proposals for discussion to update and modernise the Act. The consultation package contains more than 70 proposals that span across a range of areas in the biosecurity system. These proposals have been grouped into the following six topics:

·        System-wide issues

Proposals under this theme relate to purpose provisions in the Biosecurity Act, ministerial involvement in significant decisions, local knowledge in decision-making, biometric information, and enforcing the law.

·        Funding and compensation

These proposals seek to improve how the biosecurity system is funded and relate to cost-sharing arrangements under the Government Industry Agreement, cost recovery from non-signatory beneficiaries, and compensation.

·        Border and imports

Proposals for this area aim to strengthen biosecurity processes at the border and improve the Import Health Standard (IHS) system. The proposals relate to IHS processes, passenger processing, transitional and containment facilities, and biosecurity control areas.


 

 

·     Readiness and response

These proposals aim to strengthen how the biosecurity system prepares for and responds to biosecurity threats once they have arrived in New Zealand. Proposals include changing the Government Industry Agreement partnership, emergency declarations, and biosecurity practices.

·     Long-term management

These proposals seek to strengthen the pest and pathway management system. Proposals relate to creating pest and pathway management plans, better long-term management outcomes, better management of unwanted and notifiable organisms, and changing definitions related to unauthorised goods.

·     Surveillance and interfaces with Department of Conservation-administered legislation

These proposals focus on surveillance, and improving how the Biosecurity Act interacts with other legislation including Freshwater Fisheries Regulations, the Marine Mammals Protection Act, and the Wild Animal Control Act. 

7.       Detailed discussion documents for each topic are available at: Proposed amendments to the Biosecurity Act | NZ Government (mpi.govt.nz)

8.       Local Board views are essential to help understand the impacts each proposal may have.

9.       The timeframe for member feedback and approval process for the submission is below:

Date

Deliverable

19 September

Manatū Ahu Matua (Ministry for Primary Industries) consultation opens 

1 October

LB Memo 

7 October

LB Members' Briefing

25 October

Feedback received from local boards will be considered for incorporation into the AC submission

14 November

Submission reviewed by Policy and Planning Committee

29 November

Closing date for feedback to Manatū Ahu Matua

10 December

Final submission circulated to LB members

 

10.     Elected Members received a memo on Wednesday 7 October 2024 on the proposed amendments to the biosecurity Act (refer to Attachment A of Agenda report).

11.     Local board feedback received by 25 October 2024 will be considered for incorporation into the Auckland Council submission.

12.     Council staff will be taking an agenda report and proposed submission to the Policy and Planning Committee on 14 November 2024.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      whakarite / provide feedback into Council’s submission on amendments to the Biosecurity Act.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - MEMO - Proposed amendments to the Biosecurity Act

87

     

Ngā kaihaina

Signatories

Author

Jacinda Gweshe - Local Board Advisor

Authoriser

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 





Kaipātiki Local Board

16 October 2024

 

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2024/13606

 

  

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions made by the Kaipātiki Local Board, and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of confidential decisions that have been made by the Kaipātiki Local Board which can now be released into the public domain.

3.       The following minutes can now be released, and are included as attachments to this agenda report:

Date of Decision

Subject

1 May 2024

Kaipātiki Local Board Additional Business Meeting, 1 May 2024 – Confidential Minutes

26 June 2024

Kaipātiki Local Board Additional Business Meeting, 26 June 2024 – Confidential Minutes

4.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Local board members should direct any questions to the authors.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the confidential decisions made by the Kaipātiki Local Board, and related information that are now publicly available.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Confidential minutes of Kaipātiki Local Board additional business meeting on Wednesday 1 May 2024

93

b

16 October 2024 - Kaipātiki Local Board business meeting - Confidential minutes of Kaipātiki Local Board additional business meeting on Wednesday 26 June 2024

97

     

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 





Kaipātiki Local Board

16 October 2024

 

 







Kaipātiki Local Board

16 October 2024

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2024/13968

 

 

Te take mō te pūrongo

Purpose of the report

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - John Gillon Chairperson's Report October 2024

105

     

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 





Kaipātiki Local Board

16 October 2024

 

 

Members' Reports

File No.: CP2024/13969

 

  

Te take mō te pūrongo

Purpose of the report

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the written report from Member Paula Gillon and any verbal reports  of members.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Paula Gillon Members Report October 2024

111

     

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

16 October 2024

 

 




Kaipātiki Local Board

16 October 2024

 

 

Governing Body and Houkura Independent Māori Statutory Board

File No.: CP2024/13972

 

 

Whakarāpopototanga matua

Executive summary

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the Governing Body and Houkura Independent Māori Statutory Board members’ verbal updates.

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 

 


Kaipātiki Local Board

16 October 2024

 

 

Workshop Records - Kaipātiki Local Board - September 2024

File No.: CP2024/13981

 

  

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to record the Kaipātiki Local Board workshops held on Wednesday 4 September, Wednesday 11 September and Wednesday 25 September 2024.

Whakarāpopototanga matua

Executive summary

2.       At the workshop held on Wednesday 4 September the workshop sessions were on:

·        Customer and Community Services – Parks and Community Facilities

-     Leiden Reserve playground renewal

·        Auckland Transport

-     Onewa Road – Corridor Optimisation

·        Environmental Services

-     Kaipātiki Project

·        Matariki 2024 – Kaipātiki Community Facilities Trust.

3.       At the workshop held on Wednesday 11 September 2024, the workshop sessions were on:

·        Customer and Community Services – Connected Communities

-     Matariki Activation Kaipātiki 2025

·        Recovery Office update

·        Play Plan and FY25 project allocation.

4.       At the workshop held on Wednesday 25 September 2024, the workshop sessions were on:

·        Auckland Emergency Management

·        Resilience and Infrastructure

-     Pest Free Kaipātiki

·        The Y introductions

·        LB Annual Planning workshop 1 – context setting, process overview and strategic approach

·        Eke Panuku Development.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the record for the Kaipātiki Local Board workshops held on Wednesday 4 September, Wednesday 11 September and Wednesday 25 September 2024.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - 4 September 2024 workshop record

119

b

16 October 2024 - Kaipātiki Local Board business meeting - 11 September 2024 workshop record

121

c

16 October 2024 - Kaipātiki Local Board business meeting - 25 September 2024 workshop record

123

     

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 



Kaipātiki Local Board

16 October 2024

 

 


Kaipātiki Local Board

16 October 2024

 

 




Kaipātiki Local Board

16 October 2024

 

 

Hōtaka Kaupapa – Policy Schedule

File No.: CP2024/13970

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the Board for 2024 and an overview of workshops scheduled for the month ahead.

Whakarāpopototanga matua

Executive summary

2.       The Hōtaka Kaupapa – Policy Schedule (previously named Governance Forward Work Calendar) was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local board’s governance role by:

·        ensuring advice on meeting agendas is driven by local board priorities;

·        clarifying what advice is expected and when; and

·        clarifying the rationale for reports.

3.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The October - December 2024 Hōtaka Kaupapa – Policy Schedule for the Kaipātiki Local Board is provided as Attachment A to the agenda report.

5.       The October to November 2024 workshop forward work programme for the Kaipātiki Local Board is provided as Attachment B to the agenda report. Scheduled items may change at short notice depending on the urgency of matters presented to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      tuhi ā-taipitopito / note the Kaipātiki Local Board October - December 2024 Hōtaka Kaupapa – Policy Schedule and October - November 2024 workshop forward work programme.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

16 October 2024 - Kaipātiki Local Board business meeting - Hōtaka Kaupapa October to December 2024

129

b

16 October 2024 - Kaipātiki Local Board business meeting - October to November 2024 Workshop Forward Work Calendar

131

 


 

   

Ngā kaihaina

Signatories

Author

Veshanka Chetty - Democracy Advisor

Authoriser

Paul Edwards - Senior Local Board Advisor

 

 


Kaipātiki Local Board

16 October 2024

 

 


Kaipātiki Local Board

16 October 2024

 

 

 


 

 


Kaipātiki Local Board

16 October 2024

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    16 October 2024 - Kaipātiki Local Board business meeting - Auckland Council Review of Dog Management Bylaw and Policy presentation  Page 137


Kaipātiki Local Board

16 October 2024

 

 
















[1] For example, the Dog Control Act 1996, Conversation Act 1987, Animal Welfare Act 1999, Animal Welfare (Care and Procedure) Regulations 2018 and Code of Welfare for Dogs.

[2] The group consists of two councillors and local board members, and a Houkura / Independent Māori Statutory Board Member.