Kaipātiki Local Board

 

OPEN MINUTES

 

 

Minutes of a meeting of the Kaipātiki Local Board held in the Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield on Wednesday, 16 October 2024 at 10.04am.

 

Te Hunga kua Tae mai | present

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Erica Hannam

 

 

Melanie Kenrick

 

 

Tim Spring

 

 

Adrian Tyler

 

 

Te Hunga Kāore i Tae Mai | ABSENT

 

 

Dr Janet Tupou

 

 


Kaipātiki Local Board

16 October 2024

 

 

 

1          Nau mai | Welcome

 

The Chairperson opened the meeting, welcomed those in attendance followed by Member Adrian Tyler leading the meeting 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

 

Resolution number KT/2024/208

MOVED by Deputy Chairperson D Grant, seconded by Member A Tyler:  

That the Kaipātiki Local Board:

a)          whakaae / accept the apology from Dr Janet Tupou for absence.

CARRIED

 

 

3          Te Whakapuaki i te Whai Pānga | Declaration of Interest

 

There were no declarations of interest.

 

 

4          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

Resolution number KT/2024/209

MOVED by Member E Hannam, seconded by Member T Spring:  

That the Kaipātiki Local Board:

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

CARRIED

 

 

5          He Tamōtanga Motuhake | Leave of Absence

 

There were no leaves of absence.

 

 

6          Te Mihi | Acknowledgements

 

There were no acknowledgements.


 

 

7          Ngā Petihana | Petitions

 

There were no petitions.

 

 

8          Ngā Tono Whakaaturanga | Deputations

 

8.1

Forest and Bird North Shore - Dog Management Bylaw and Policy

 

Nicholas Mayne, on behalf of Forest and Bird, was in attendance to address the board on this item.

 

 

Resolution number KT/2024/210

MOVED by Member A Tyler, seconded by Member T Spring:  

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. 

CARRIED

 

 

9          Te Matapaki Tūmatanui  | Public Forum

 

There was no public forum.

 

 

10        Ngā Pakihi Autaia | Extraordinary Business

 

There was no extraordinary business.

 

 

11

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

 

Leigh Radovan, Senior Project Manager – Sustainability and Environmental Delivery, and Sarah Jones, Manager Area Operations, were in attendance via MS Teams to address the board on this item.

 

 

Resolution number KT/2024/211

MOVED by Member A Tyler, seconded by Chairperson J Gillon:  

That the Kaipātiki Local Board:

a)          whakaae / approve Option One being 1.2m wide coastal boardwalk through the mangroves and across the beach (with no or minimal aggregate used), for the Soldiers Bay Beach connection track upgrade for detailed design, consents, and physical works for financial year 2024/2025. We are concerned about using aggregate in this environment.

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, with no further local board funding without local board approval.

d)         tuhi ā-taipitopito / note that the project will proceed to detailed design and consent, with physical works due to be completed by 30 June 2025.

e)          tautapa / delegate to the chairperson, in consultation with the deputy chairperson, authority to amend the project if recommended by staff, including:

i)           changes to project scope, timing.

CARRIED

 

 

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.

 

Jeimy Figueros Meza, Community Lease Specialist, was in attendance via MS Teams to address the board on this item.

 

 

Ngā tūtohunga

Recommendation/s

Resolution number KT/2024/212

MOVED by Chairperson J Gillon, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)          whakaae / approve the renewal of the community lease to Royal New Zealand Plunket Trust – Birkenhead Plunket at Birkenhead Library and Civic Centre, Nell Fisher Reserve, R 204 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 (Royal New Zealand Plunket Trust – Birkenhead Plunket)” on the land described as Lot 34 DP 2922, Pt Lot 1 DP 2922 and Lot 1 DP 58992, subject to the following terms and conditions:

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

ii)         rent – $1 plus GST per annum if requested, in accordance with clause 5 of the original lease agreement.

iii)        note that the original lease has an incorrect address (206 Hinemoa Street) and incorrectly states that the lease area is within parcel number Lot 1 DP 58992 (which was the case for the previous Birkenhead Library building).

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

CARRIED

 

 

13

Time of Use Charging - Local Board Feedback

 

Graeme Gunthorp, Programme Director – Auckland Transport, and Marilyn Nicholls, Elected Member Relationship Partner – Auckland Transport, were in attendance to address the board on this item.

 

 

A document titled ‘Time of Use Charging Feedback Form – KLB Final’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2024/213

MOVED by Chairperson J Gillon, seconded by Deputy Chairperson D Grant:  

That the Kaipātiki Local Board:

a)          whakaae / agree to adjourn the meeting until 12.16pm.

CARRIED

 

The meeting adjourned at 11.56 and reconvened at 12.46.

 

 

Resolution number KT/2024/214

MOVED by Member P Gillon, seconded by Member M Kenrick:   

That the Kaipātiki Local Board:

a)          whakarite / provide the tabled feedback on the development of Time of Use Charging policy, noting that the feedback may be included in advice to the Auckland Council Transport, Resilience and Infrastructure Committee (TRIC) in late 2024 or early 2025, and may also be included in the Auckland Council Group submission to Select Committee.

b)         tuhi ā-taipitopito / note that the local board will have a further opportunity to provide feedback on Time of Use Charging following public consultation in 2025.

CARRIED

 

Note: Under Standing Order 1.9.7 Chairperson J Gillon requested his vote be recorded against resolution a).

 

 

Attachments

a     16 October 2024 - Kaipātiki business meeting 16 October 2024 - Time of Use Charging Feedback Form - KLB Final

 

 

14

Local board views on draft changes to dog policy and bylaw

 

Resolution number KT/2024/215

MOVED by Chairperson J Gillon, seconded by Member A Tyler:  

That the Kaipātiki Local Board:

a)          whakarite / provide the following 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:

i)           Topic 1 - Approach to dog management in Auckland:
Support Option 2: Amend Policy and/or Bylaw, noting that we have not seen the specific wording changes.

ii)         Topic 2 - Approach to managing dog access rules in shared spaces:
Support Option 2: Amend Policy and/or Bylaw, noting that we have not seen the specific wording changes.

iii)        Topic 3: Region-wide dog access rules:
Support Option 2: Amend Policy and/or Bylaw, noting that we have not seen the specific wording changes.

iv)        Topic 4: Regional Park dog access rules:
Support Option 2: Amend Policy, noting that we have not seen the specific wording changes.

v)         Topic 5: Walking multiple dogs:
Support Option 2: Amend Policy and/or Bylaw, noting that we have not seen the specific wording changes.

A)         We support the addition of rules into the Dog Policy and/or Dog Bylaw setting a maximum number of dogs that can be walked/exercised/handled by one person at any one time.  

B)         We support the recommended maximum number of dogs to be taken to a public place by one person as 6; the maximum number of dogs to be walked on leash by one person as 6; and the maximum number of those 6 that can be off-leash at any one time as 3 (Option 2).

b)         whakarite / provide the following additional feedback on the Auckland Council Kaupapa mo ngā Kurī | Policy on Dogs 2019 and Ture a Rohe Tiakina Kurī | Dog Management Bylaw 2019:

i)           Commercial Dog Walkers:
We are aware of issues created by commercial dog walkers regularly taking more than 10 dogs per person into parks, such as Kauri Point Domain, and allowing them off-leash. Issues include uncontrollable excited dogs that disturb park users, damage tracks, damage plants, disturb freshwater, etc.
We support limits on walking multiple dogs, as per Topic 5, however we request that Council also investigate a certificate/licence scheme for commercial dog walkers. Commercial activity should only occur on reserves with permission, however with commercial dog walkers, the money usually trades hands outside of the reserve and therefore is not classed by Council as commercial activity occurring on the reserve. Yet the reserve is still potentially impacted and members of the public potentially inconvenienced, as with other commercial activity. A certificate/licence scheme for commercial dog walkers would resolve this loophole and ensure that any specified conditions and criteria were adhered to or enforceable, and allow for the cancellation of permission to walk multiple dogs due to significant or repeat offences.
A certificate/licence scheme could also potentially allow for more than 6 dogs to be walked by commercial operators who have proven themselves.

ii)         Dog Rangers:
We would like to see the Dog Bylaw/Policy strengthened to allow for the ability for local boards to commission Dog Rangers (Dog Control Act 1996, Sec12) to enable a higher level of service for responding to local dog incidents and/or patrolling the local area, where the Animal Management team are unable to perform these activities either through lack of resource or due to triaging incidents as lower priority.

iii)        Department of Conservation (DOC) Land:
The Dog Policy lists DOC land in Auckland where DOC has determined dog access rules, however there doesn’t appear to be a default rule to apply to any land not specified. In the Kaipātiki Local Board area, we have at least two sections of DOC land that do not have management agreements with DOC, yet are not listed in the DOC section (one is incorrectly listed in the Kaipātiki Local Board section).

iv)        Dog Access Rule Changes:
When dog access rules were moved from the Dog Bylaw to the Dog Policy, local boards were assured that it would be easier and faster for local boards to make changes to rules going forward, however the opposite has been the case. Local boards have the delegation to set and alter dog access rules, and there needs to be a clear and guaranteed process for making those changes in a timely manner (acknowledging the need for consultation and hearings). This process should be detailed within the Dog Bylaw/Dog Policy, where there should also be information regarding the process for making general updates to the Dog Bylaw/Dog Policy.

v)         Instant Fines:

We would like to see the ability for Dog Control Officers and Dog Rangers to issue on-the-spot instant fines for breaches of the Dog Bylaw/Dog Policy. This would require a change to Dog Bylaw, as currently there is only the ability for court-enforced fines.

c)          tono / request the following change to dog-related delegations:

i)           Temporary Dog Access Restrictions:
We would like to see a change in delegation from the Governing Body (and appropriate changes to the Dog Bylaw/Policy) to allow for the ability for local boards to make temporary changes to dog access rules. For example, to protect members of the public, local assets or the environment from excessive dog activity. Any permanent changes would need to go through a public consultation and hearing process, but temporary changes could be made in lieu of permanent changes.
Currently the delegation for temporary dog access restrictions sits with the CEO rather than local boards, however the restriction of movement or activity on public land is a governance matter and should therefore sit with local boards.

d)         tono / request that Auckland Council move away from a policy of fully funding Animal Management using the Dog Registration Fee, and instead only fund dog-related activities, as per the Dog Control Act 1996 (Sec 9).

e)          tono / request that there is greater investment in the enforcement of the Dog Management Bylaw/Policy.

f)           tuhi ā-taipitopito / note that the local board will have a further opportunity to provide feedback on changes to the dog policy and bylaw following public consultation in 2025.

g)         tuhi ā-taipitopito / note that the Kaipātiki Local Board has a significant number of overdue changes to be made to Schedule 2 of the Dog Policy, including (i) change requests for dog access rules in various parks, including addressing kauri bush areas at risk of kauri dieback disease, (ii) changes to names of parks that have been altered through our Kaipātiki Local Park Management Plan, (iii) new/additional Te Reo park names received from Mana Whenua, and (iv) new parks/open space created through the Northcote Redevelopment.

CARRIED

 

 

15

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

 

Resolution number KT/2024/216

MOVED by Member T Spring, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)          tuhi ā-taipitopito / note the report on Council’s submission on amendments to the Biosecurity Act.

CARRIED

 


 

 

16

Summary of Confidential Decisions and related information released into Open

 

Resolution number KT/2024/217

MOVED by Member T Spring, seconded by Member P Gillon:  

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.

CARRIED

 

 

17

Kaipātiki Local Board Chairperson's Report

 

Resolution number KT/2024/218

MOVED by Chairperson J Gillon, seconded by Deputy Chairperson D Grant:  

That the Kaipātiki Local Board:

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

b)         whakaae / agree to appeal to the Local Government Commission the breach of the fair representation requirement (+/- 10% rule) in relation to the Albany and North Shore wards, due to it being unfair that these wards do not have equality of population representation, and as there are suitable boundary adjustments that would resolve this matter while not impacting communities of interest.

c)          kopou / appoint the Chairperson to lodge the appeal with the Auckland Council for forwarding to the Local Government Commission.

d)         kopou / appoint the Chairperson and Deputy Chairperson to present the appeal to the Local Government Commission.

CARRIED

 

 

18

Members' Reports

 

Resolution number KT/2024/219

MOVED by Member P Gillon, seconded by Deputy Chairperson D Grant:  

That the Kaipātiki Local Board:

a)          tuhi ā-taipitopito / note the written report from Member Paula Gillon.

CARRIED

 

18.1

Member Report - Erica Hannam

 

A document titled ‘Erica Hannam Member’s Report March-September 2024’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2024/220

MOVED by Member E Hannam, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)          tuhi ā-taipitopito / note the tabled written report from Member Erica Hannam.

CARRIED

 

Attachments

a     16 October 2024 - Kaipātiki business meeting 16 October 2024 - Erica Hannam Member's Report March-September 2024

 

 

19

Governing Body and Houkura Independent Māori Statutory Board

 

There were no updates provided at this time.

 

 

20

Workshop Records - Kaipātiki Local Board - September 2024

 

Resolution number KT/2024/221

MOVED by Member A Tyler, seconded by Member P Gillon:  

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.

CARRIED

 

 

21

Hōtaka Kaupapa – Policy Schedule

 

Resolution number KT/2024/222

MOVED by Member A Tyler, seconded by Member E Hannam:  

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.

CARRIED

 

 

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

 

There was no consideration of extraordinary items.

 

 

 

Kia whakairihia te tapu

Kia wātea ai te ara

Kia turuki whakataha ai

Kia turuki whakataha ai

Haumi e, hui e, TĀIKI E!


Restrictions are moved aside
So the pathway is clear
To return to everyday activities

 

 


 

 

 

1.36 pm                                              The chairperson thanked members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Kaipātiki Local Board HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................