Agenda of Upper Harbour Local Board - Thursday, 5 December 2024

1 Nau mai | Welcome

The Chairperson A Atkinson will open the meeting with a Karakia.

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.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Upper Harbour Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 21 November 2024, as a true and correct record.

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 Upper Harbour 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 Te Ohu o Onekiritea - An Introduction.

Te take mō te pūrongo

Purpose of the report

1. To receive an introduction from Te Ohu o Onekiritea.

Whakarāpopototanga matua

Executive summary

2. Jewelz Petley and Vinetta Plummer, representing Te Ohu o Onekiritea, will be in attendance to provide an introduction to Te Ohu o Onekiritea and the work they do.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the deputation from Jewelz Petley and Vinetta Plummer, representing Te Ohu o Onekiritea and thank them for their attendance and presentation.

Attachments

a Te Ohu o Onekiritea presentation................................................................ 229

8.2 Catalina Community Garden Committee Update

Te take mō te pūrongo

Purpose of the report

1. To receive an update from the Catalina Community Garden Committe.

Whakarāpopototanga matua

Executive summary

2. Trish Best and Karen Richards, representing the Catalina Community Garden Committe, will be in attendance to give an overview of the Catalina Community Garden.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the deputation from Trish Best and Karen Richards, representing the Catalina Community Garden Committe, and thank them for their attendance and presentation.

Attachments

a Catalina Community Garden Committee presentation................................ 239

8.3 Harbour Sport Update - The Good, The Bad, The Average

Te take mō te pūrongo

Purpose of the report

1. To receive an update from Auckland North Community and Development.

Whakarāpopototanga matua

Executive summary

2. Richard Casutt, General Manager and, Alvin Cheung, ActiveAsian Development Manager, Harbour Sport, representing Harbour Sport, will be in attendance to provide an update on priorities for Harbour Sport, Communities of Activities and what’s important for the Upper Harbour Local Board.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the deputation from Richard Casutt, General Manager and, Alvin Cheung, ActiveAsian Development Manager, Harbour Sport, representing Harbour Sport and thank them for their attendance and presentation.

Attachments

a Harbour Sport Upper Harbour Local Board presentation - December 2024.............................................................................................................. 245

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.”

Upper Harbour Local Board

05 December 2024

Adoption of the Upper Harbour Local Board Emergency Readiness and Response Plan

File No.: CP2024/16827

Te take mō te pūrongo

Purpose of the report

1. To adopt the Upper Harbour Local Board Emergency Readiness and Response Plan (Attachment A to this report).

Whakarāpopototanga matua

Executive summary

2. The Upper Harbour Local Board Emergency Readiness and Response (ER&R) Plan contributes to the delivery of the Upper Harbour Local Board Plan 2023 objective ‘our communities are resilient to adversity and change’.

3. The development of the Upper Harbour Local Board Emergency Readiness and Response Plan is key initiative 16 in the Tāmaki Makaurau Auckland Civil Defence and Emergency Management Group Plan 2024-2029 (the Group Plan) which states to ‘work with local boards to prepare, communicate and embed Local Board Emergency Readiness and Response Plans that identify local hazards, how to prepare for emergencies, how to evacuate and where to go and useful contacts in an emergency’.

4. The Upper Harbour Local Board Emergency Readiness and Response Plan has been developed to provide information for people living and working in the local area on how to get ready for, and respond to, an emergency. The Upper Harbour Local Board Emergency Readiness and Response Plan also includes information about reducing or minimising the risk of hazards and includes key information to support a community’s recovery following an emergency event.

5. The Upper Harbour Local Board Emergency Readiness and Response Plan has been developed in conjunction with the local board, marae in the Auckland Emergency Management Whakaoranga Marae Whakaoranga Whanau Programme, emergency services, Health NZ, the Auckland Council Demographic Panels, as well as the council departments of Healthy Waters, Community Wellbeing (formerly Connected Communities), the Tāmaki Makaurau Recovery Office and key community groups with an interest in emergency readiness and response.

6. A two-stage launch strategy is proposed for the release of the Upper Harbour Local Board Emergency Readiness and Response Plan as outlined in Attachment B. The two stages include a ‘soft launch’ post the Upper Harbour Local Board Emergency Readiness and Response adoption, and a full public launch commencing in February 2025. The public launch will include promoting the Upper Harbour Local Board Emergency Readiness and Response Plan in traditional media, on social media platforms and in hard copy.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whai / adopt the Upper Harbour Local Board Emergency Readiness and Response Plan (Attachment A to the agenda report).

b) tautapa / delegate to the Upper Harbour Local Board Chairperson the ability to approve minor amendments of the document ahead of publication.

Horopaki

Context

7. The Tāmaki Makaurau Auckland Civil Defence and Emergency Management Group Plan 2024-2029 identifies several key initiatives to improve community emergency readiness and response to emergencies. Group Plan Initiative #16 prioritises the preparation of local board emergency readiness and response plans to meet this objective. The Upper Harbour Local Board Emergency Readiness and Response Plan (ER&R Plan) contributes to the delivery of the Upper Harbour Local Board Plan 2023 objective ‘our communities are resilient to adversity and change.’

8. The purpose of the ER&R Plan is to support local emergency readiness. The development of the ER&R Plan was carried out in collaboration with the Upper Harbour Local Board over the course of 2024.

9. The ER&R Plan has been developed through three workshops with the Upper Harbour Local Board. The workshops covered the following topics:

· Workshop one (4 April 2024): The concept of the ER&R Plan was introduced; Local Board Emergency Readiness and Response Leads were nominated and the process to develop the ER&R Plan was agreed.

· Following workshop one, the Upper Harbour ER&R Plan Working Group was established and included the nominated Local Board Emergency Readiness and Response Leads, the Senior Community Planning and Readiness Advisor, the Community Wellbeing Advisor (formerly Connected Communities) and local board services staff. The ER&R Plan Working Group met throughout the development of the ER&R Plan between workshops one, two and three.

· Workshop two (30 May 2024): The second draft ER&R Plan template was presented following input from the Upper Harbour Local Board in workshop one. The revised draft ER&R Plan also included input from the ER&R Plan Working Group which focused on identifying community response groups and provisional Community Emergency Hubs. The local board confirmed a targeted group of community stakeholders with which to test the draft ER&R Plan.

· Workshop three (7 November 2024): Feedback from targeted stakeholder consultation was reviewed and the final designed ER&R Plan presented. Agreement was made on the launch and testing activities of the ER&R Plan.

10. In addition to input from the ER&R Plan Working Group, this ER&R Plan was shaped with input from marae in the Auckland Emergency Management Whakaoranga Marae Whakaoranga Whanau Programme, emergency services (including Fire and Emergency NZ and Police), Health NZ, the Auckland Council Demographic Panels, as well as council departments of Healthy Waters, Community Wellbeing (formerly Connected Communities) and the Tāmaki Makaurau Recovery Office. Key community groups with an interest in emergency readiness and response have also been involved in the development of the plan. A summary of this feedback is provided in paragraphs 13 through 20 in this report.

11. The ER&R Plan is a foundation document to communicate local board area specific information about the top emergency hazards for the area, tips and ideas on how to reduce the risk and/or impact of these hazards, how to be emergency ready, where to go and what to do during an emergency response and key information to support a community’s recovery. The ER&R Plan will support and guide community groups in their reduction, readiness, response and recovery planning activities.

12. Figure 1 below shows the hierarchy of plans and how the different plans relate to one another. Community groups will be able to use the area specific technical information, advice and guidance in the ER&R Plan as a foundation, or guide, for forming their own community plans with assistance from the Auckland Emergency Management. The ER&R Plan also supports the household ‘Make a Plan’ resource, giving whānau additional information and guidance to help them get ready for a wide range of emergencies. It promotes personal confidence and empowerment as a tool for taking personal responsibility in getting ready for and responding to emergencies. It is a reference for households, businesses and communities to confidently base their own readiness activities on.

Figure 1: The hierarchy of plans

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of feedback from the local board and the ER&R Plan Working Group

13. Feedback was received at workshop two regarding the list of potential Civil Defence Centres for the Upper Harbour Local Board area. As a result of feedback provided, Massey University, AUT Millennium and Albany Stadium Pool have been removed from the list of potential Civil Defence Centres. After discussions with Auckland Stadiums, North Harbour Stadium has been added as a potential Civil Defence Centre. All other feedback will be fed into the wider review of Civil Defence Centres underway by the Business and Welfare Unit at Auckland Emergency Management.

14. Further feedback received from the Upper Harbour Local Board includes the request to incorporate additional localised hazard information on tornadoes, coastal inundation, landslides/slips, tsunamis and lifeline infrastructure failures. A section titled ‘Get Your Lifestyle Block Ready for an Emergency’ has been added to the ER&R Plan featuring links to Auckland Emergency Management’s ‘Lifestyle Block Ready’ resources and specific information for managing septic and water tanks. Additionally, the plan now includes guidance for those living on boats within the ‘Get Ready for a Tsunami section of the plan.

15. The ER&R Working Group has emphasised the importance of ensuring the plan is user-friendly and community focused. Key feedback has been incorporated into the plan including clear and accessible maps with calls to action. The maps also include QR codes linking the reader to the Auckland Council Flood Viewer and Auckland’s Hazard Viewer for further localised information. Also included in the plan are critical rural and urban information to address the needs of the diverse Upper Harbour community. Concerns about lifeline infrastructure, such as the Greenhithe Bridge (SH18), were raised. This bridge will be included in the Auckland Lifelines Group Vulnerability Study scheduled to commence in quarter one of the 2025/2026 financial year.

Summary of community feedback

16. Auckland Emergency Management staff engaged with key community groups who have an interest in emergency readiness and response as recommended at the local board workshops. The purpose of engaging with key community groups was to seek feedback and input into the ER&R Plan to ensure the ER&R Plan meets the needs of the community. The engagement process included community group presentations, opportunities for individual email feedback, and face-to-face meetings. Out of engaging with the following nine identified groups, six provided feedback as indicated by the asterisk below:

· Greenhithe Community Resilience Group*

· FENZ Greenhithe

· Hobsonville Emergency Response Group*

· Albany Community Hub*

· Herald Island Emergency Response Group*

· Whenuapai Area Community Emergency Readiness Network*

· Meadowood Community Centre*

· Sanders House

· Harbour Sport / ActivAsian.

17. Feedback received from the community groups was positive and included comments such as: ‘Thanks so much for the mahi you and the team have put into this! And for asking our opinions too. It's appreciated’. ‘It is an extremely comprehensive resource which will be very useful in guiding the continued development of our Greenhithe resilience plan and work’.

18. Most of the feedback received from community groups focused on confirming details of community groups and potential Community Emergency Hubs. Additional feedback included the need to provide key information in languages other than English, the inclusion of URL web links for those unfamiliar with using QR codes and ensuring the maps are clear and easy to read. Other community suggestions which have been incorporated into the plan, included adding Community Emergency Readiness Networks to encourage schools, organisations, and businesses to get involved.

Feedback from council’s demographic panels

19. Over June and July 2024, Auckland Emergency Management presented a draft ER&R Plan to the six Auckland Council demographic panels which represent Ethnic Communities, Pacific Peoples, Youth, Seniors, Disability and Rainbow Communities. Feedback from the panels include:

· communication of the plan post-adoption

· images within the plan to be representative of Auckland’s diversity

· training opportunities for Community Emergency Hubs to be inclusive of diversity

· the plans being condensed

· provide advice for apartment dwellers

· diverse life experiences and input from one panel is also relevant to circumstances of other communities.

20. Particular attention has been given to making the ER&R Plans representative of Auckland’s diverse communities. This includes ensuring that images are inclusive and representative, that the plan is concise and accompanied by easier to read summary documents and fact sheets. Separate from the ER&R Plan, Auckland Emergency Management is developing guidance for apartment dwellers and will build inclusiveness into future Community Emergency Hub guidance documentation.

Launch strategy for the ER&R Plan

21. A two-stage launch strategy is proposed for the release of the ER&R Plan as outlined in Attachment B. The two stages include a ‘soft launch’ post ER&R Plan adoption at the Upper Harbour Local Board December 2024 business meeting and a full public launch commencing February 2025.

22. The two-stage launch strategy allows for a celebration and acknowledgement of the completion of the plan with those closely involved in its development, whilst allowing time for the printing and publication of the ER&R Plan and supporting promotional documentation, the preparation of translated and accessible versions of the documents, and the organising of any public events to support a full public launch. For further information refer to Attachment B to this report: Local Board Emergency Readiness and Response Plan – Launch Strategy.

Update process for the ER&R Plan

23. As the ER&R Plan is a new local board and community resource, Auckland Emergency Management will conduct a first review of the ER&R Plan as part of the FY25/26 local board work programme. Whilst much of the content within the plan will remain unchanged, the initial review is a good opportunity to update any changes to contact information or identified Civil Defence Centres and/or Community Emergency Hub locations. Following this initial review, further reviews will occur on a three yearly basis (or as required) to align with the local board plan cycle.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24. The ER&R Plan identifies actions that can be taken to increase individual and community readiness and resilience in the face of increased frequency and severity of weather events associated with climate change. The ER&R Plan identifies tips and activities that communities can do to reduce the risk of a climate related emergency hazard (and other non-climate hazards) or its impact.

25. Further work delivered by Auckland Emergency Management over 2025 and beyond will seek to embed the ER&R Plan by working alongside members of the Upper Harbour Local Board and their communities to reduce risks, to be emergency ready and to respond to, and recover from, future emergency events.

26. Auckland Emergency Management’s community outreach work programme forms part of a joined-up approach with other parts of Auckland Council that collectively seek to support communities in discussions around climate change, adaptation, emergency preparedness and recovery. As such, Auckland Emergency Management is collaborating with Environmental Services, the Chief Sustainability Office, Healthy Waters and the Tāmaki Makaurau Recovery Office in particular. The intention is to ensure all departments are coordinated in their approach, understand each other’s objectives and work programmes, and to provide joined-up advice to community groups

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. The ER&R Plan has provided an opportunity to partner and collaborate with many departments across the council group.

28. Auckland Emergency Management sought input from, and has built relationships with, Local Board Services, Community Wellbeing Department (formerly Connected Communities), the Tāmaki Makaurau Recovery Office, the Assets, Engineering and Technical Advisory Department, Healthy Waters (specifically the team delivering the Blue Green Network Programme) and the Chief Sustainability Office in particular. Governance and engagement (local board teams) have provided advice and guidance through the development of the ER&R Plan.

29. Council-controlled organisations such as Auckland Transport and Watercare Limited, are connected to this work through both the Coordinating Executive Group (CEG) and through the Lifelines Utilities Programme (representing electricity, cellular network, water and roading providers). The Lifelines Utilities Advisor has been consulted through the development of the ER&R Plan.

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

Local impacts and local board views

30. The ER&R Plan contributes to the delivery of the Upper Harbour Local Board Plan 2023 objective ‘our communities are resilient to adversity and change’. The purpose of the ER&R Plan is to support local emergency readiness. The ER&R Plan has been developed to provide information for people living and working in the local area on how to get ready for, and respond to, an emergency.

31. The development of the Upper Harbour ER&R Plan was carried out in collaboration with the local board over the course of 2024 as outlined in paragraph nine. Throughout the development of the ER&R Plan, the views of the local board were sought and the feedback received was used to shape and inform the plan’s development. Auckland Emergency Management staff also engaged with key community groups who have an interest in emergency readiness and response. The purpose of engaging with key community groups was to seek feedback and input into the ER&R Plan to ensure the ER&R Plan meets the needs of the local community. Paragraphs 13 through 20 of this report summarise the feedback received and outlines how this feedback was used to shape the plan.

32. Following the adoption and publication of the plan, community groups will be able to use the area specific technical information, advice and guidance in the ER&R Plan as a foundation or guide for forming their own community plans. The ER&R Plan also supports the household ‘Make a Plan’ resource, giving whānau additional information and guidance to help them get ready for a wide range of emergencies. It promotes personal confidence and empowerment as a tool for taking personal responsibility in getting ready for and responding to emergencies. It is a reference for households, businesses and communities to confidently base their own readiness activities on.

33. The ER&R Plan provides key emergency contact information that local board members can pass on to their communities. The ER&R Plan clarifies roles and responsibilities through reduction, readiness, response and recovery. Cross boundary issues have been considered, with the maps incorporated within the plan showing hazards, Civil Defence Centres and Community Emergency Hubs both within the local board area/rohe and those areas immediately adjacent.

34. Over 2025, Auckland Emergency Management will embed key concepts of the ER&R Plan through community outreach activities. Local board members have an important role in promoting the ER&R Plan and the information it includes by referencing and promoting the ER&R Plan at community events and other community engagements that they attend throughout the year.

Tauākī whakaaweawe Māori

Māori impact statement

35. The impacts on Māori from disasters can be significant and there are real strengths in integrating kaupapa Māori, mātauranga Māori and tikanga Māori into resilience building for disasters. Auckland Emergency Management are committed to honouring Te Tiriti o Waitangi by ensuring the views and knowledge of Iwi and Māori are reflected.

36. During the North Island severe weather events of 2023, 13 marae were actively involved in the response, feeding, sheltering and comforting people who had been displaced by the event. Of those 13, eight have already become part of Auckland Emergency Management’s Whakaoranga Marae Whakaoranga Whānau Programme, which supports marae emergency readiness. These marae are listed in the Local Board Emergency Readiness and Response Plans as places where people can turn to for support in an emergency, along with other marae who have indicated they have the resource to offer similar support in the future. Auckland Emergency Management understand that not all marae have the resources available to support the wider community in an emergency response and have only identified those who have confirmed they are able to respond and support others.

37. Auckland Emergency Management, through the Principal Iwi/ Māori Resilience Advisor, will continue to work with marae, mana whenua and mataawaka to support marae and iwi in their emergency readiness activities, with support from the Ngā Mātārae and Resilience and Infrastructure Directorate Māori Outcomes Lead. Should additional marae confirm that they are in a position to support the wider communities and wish to be included in the ER&R Plan, Auckland Emergency Management will ensure that they are included in future iterations and updates to the ER&R Plan.

Ngā ritenga ā-pūtea

Financial implications

38. The activities associated with delivering and launching the ER&R Plans and the community emergency readiness programme are funded through the Auckland Emergency Management operating budget and/or are resourced internally. This includes the printing of the ER&R Plan, the printing and translation of supporting summary documentation, the preparation of proactive media articles, social media campaigns and provision of documentation to key community information points such as the Auckland Council libraries, Citizen Advice Bureau(s), Neighbourhood Support and others. For further information refer to Attachment B to this report.

39. Further work to embed the key messaging associated with the Local Board Emergency Readiness and Response Plans will be funded through Auckland Emergency Management operating budget and/or are resourced internally. Continuing work to identify and support community groups who have an interest in establishing future Community Emergency Hubs will be funded through the Auckland Council Local Preparedness Storm Fund in addition to internal resourcing.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. Key risks to the implementation of the Upper Harbour Local Board ER&R Plan include:

· A delay in adopting the ER&R Plan, or non-adoption: The ER&R Plan contains critical emergency information which people feel they do not have access to through other means. Delay in, or not adopting the ER&R Plan will mean that this local board area will not be able to succinctly provide this information to residents. The ER&R Plan is a foundation document that will underpin community emergency readiness discussions, activities and support over 2025. A delay in adopting the ER&R Plan, or non-adoption, would negatively impact the delivery of this planned community engagement and readiness programme. The opportunity to refresh Civil Defence Centres, Community Emergency Hub or marae locations in a year’s time mitigates needing to hold back the ER&R Plan’s adoption for additional locations to be included.

· Response risk: Should the Emergency Coordination Centre be activated, all day-to-day work to publish, launch and embed the ER&R Plan will be temporarily put on hold to enable kaimahi to prioritise supporting the community through the emergency response period. The recommendation is that this risk is acknowledged, noting work would recommence as soon as Auckland Emergency Management’s response personnel are stood down.

· Embedding the ER&R Plans: The ability to support community groups with readiness activities using the ER&R Plan is constrained by the internal resourcing of Auckland Emergency Management. To mitigate this risk, Auckland Emergency Management is seeking to partner with departments across Auckland Council and other agencies (such as Fire and Emergency New Zealand, and Neighbourhood Support) to increase reach. Auckland Emergency Management is also seeking to fund community facilitators to run workshops and training programmes for marae and community groups to increase capacity and reach.

Ngā koringa ā-muri

Next steps

41. Auckland Emergency Management will progress the publication of the ER&R Plan and commence communication and launch activities as outlined in this report. This includes a ‘soft launch’ following the adoption of the ER&R Plan and a full public launch over February and March 2025.

42. Over 2025, Auckland Emergency Management will seek to embed key concepts of the ER&R Plan through community outreach activities. Auckland Emergency Management will refocus efforts to support interested community groups in community emergency planning activities. For community groups wishing to stand-up a Community Emergency Hub, facilitated workshops will be available over 2025 which seek to empower groups to support their networks during an emergency. Community groups who do not want to become a Community Emergency Hub will also be supported with resources to help their members get ready for an emergency, together with presentations, and the promotion of key readiness messaging at events.

43. Local board members have an important role in promoting the ER&R Plan and the information it includes by referencing and promoting the ER&R Plan at community events and other community engagements that they attend throughout the year.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Upper Harbour Local Board Emergency Readiness and Response Plan (Under Separate Cover)
b ⇩	Local Board Emergency Readiness and Response Plan - Launch Strategy Launch Strategy	17

Ngā kaihaina

Signatories

Author

Glen Brown – Senior Community Planning and Readiness Advisor – Auckland Emergency Management

Authorisers

Adam Maggs - General Manager Auckland Emergency Management

Parul Sood - Deputy Director Resilience and Infrastructure

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Proposed new sublease, variation, and lease for additional premises to Tennis Charitable Trust at Albany Tennis Centre, 361 Oteha Valley Road, Albany

File No.: CP2024/18651

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Upper Harbour Local Board to grant a new sublease, variation of lease and lease for additional premises to Tennis Charitable Trust located at Albany Tennis Centre, 361 Oteha Valley Road, Albany.

Whakarāpopototanga matua

Executive summary

2. The Tennis Charitable Trust seeks a new sublease, variation of lease and lease for additional premises to accommodate the development of padel courts and a multi-sport facility at 361 Oteha Valley Road, Albany.

3. The Tennis Charitable Trust holds a community ground lease which commenced on 1 August 2018, and contains two right of renewals of 10 years with a final expiry date of 31 July 2048.

4. Staff from Area Operations, Active Communities, Parks and Places, Healthy Waters and Land Advisory support the proposed development for these additional facilities with conditions attached regarding the proposed developments.

5. Staff have completed public notification for the additional premises to the Tennis Charitable Trust. No submissions or objections were received regarding the proposed sublease, variation of lease and lease for additional premises to the Tennis Charitable Trust.

6. As the proposed development will occur in a flood prone area, council’s regulatory department has reviewed the flood mitigation strategy and is satisfied the exposure to flood risk can be mitigated.

7. The Tennis Charitable Trust has provided all required information regarding the proposed development, and that it has sufficient funding to manage the development. The group has all the necessary insurance cover, including public liability insurance, in place.

8. This report recommends that sublease, variation of lease and lease for additional premises be granted to the Tennis Charitable Trust. The recommended term on the lease for additional premises is for an initial term of 3 years and 8 months commencing from 1 January 2025 with two 10-year right of renewals to align this with the group’s existing lease agreement with the council which is up for renewal on 1August 2028.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whakaae / grant a sublease, variation of lease and lease for additional premises to the Tennis Charitable Trust for an area comprising approximately 5598m² located at 361 Oteha Valley Road, Albany, on the land legally described as Part Allotment 28 Parish of Paremoremo (Attachment C to the agenda report – Site Map), subject to the following terms and conditions:

i) term – 3 years and 8 months, commencing 1 January 2025, with two 10 – year right of renewals.

ii) rent – $1 plus GST per annum if demanded.

b) whakaae / approve all other terms and conditions in accordance with the Local Government Act 2002, the Auckland Council Community Occupancy Guidelines 2012 (updated July 2023) and the Auckland Council standard form community lease agreement for new sublease, variation of lease and lease for additional premises to the Tennis Charitable Trust for an area comprising approximately 5598m² located at 361 Oteha Valley Road, Albany.

c) tuhi ā-taipitopito / note that public notification for Auckland Council’s intention to grant a new sublease, variation of lease and lease for additional premises to the Tennis Charitable Trust located at 361 Oteha Valley Road, Albany has been undertaken (deadline 22 November 2024).

d) tuhi ā-taipitopito / note that no objections to the notified proposal of the new sublease, variation of lease and lease for additional premises to the Tennis Charitable Trust at 361 Oteha Valley Road, Albany were received.

Horopaki

Context

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

Land, buildings, and lease

10. The land occupied by the TCT is legally described as Part Allotment 28 Parish of Paremoremo, held by Auckland Council under the Local Government Act 2002 (Attachment C of this report - Site Map).

11. The TCT holds a community ground lease with the council which commenced on 1 August 2018, and contains two right of renewals of 10 years with a final expiry date of 31 July 2048.

12. The TCT currently has a sublease with Tennis Northern Region Incorporated who manages and operates the Albany Tennis Centre.

13. The current TCT facilities consists of indoor and outdoor tennis courts and football training facilities. Their group-owned building contains a café, pro-shop, gymnasium, and professional sports health services.

14. The TCT holds full responsibility for the ongoing management and operational costs for their facilities at 361 Oteha Valley Road, Albany.

15. Background information regarding Tennis Charitable Trust, Tennis Northern Region Incorporated and Pacific Padel has been incorporated under Attachment E of this report.

16. The TCT have submitted landowner and leasing approval for the following projects. These projects have been discussed with staff from Area Operations, Active Communities and Parks and Places who support the project in principle.

Project 1: Construction of a multi-sport building including ancillary facilities

17. TCT have proposed constructing a new multisport facility within their leased area at 361 Oteha Valley Road, Albany.

18. This proposal includes ten badminton courts, four basketball/volleyball courts, four pickleball courts, a climbing wall, gym, 52 new car parks and other amenities.

19. The new multisport facility is intended to be connected to the existing group-owned building at this location.

20. Staff from the council are supportive of the proposal on the following conditions:

a) Maintenance of carparks

i. TCT takes on responsibility for and maintenance of the area where they intend to install additional carparks, labelled “Additional area of car parking” (Attachment A), including the existing carpark.

ii. Currently this carpark is managed by the council, however staff recommend this area is incorporated into TCT’s lease agreement to assist with future management over this area. It would be clearer for TCT to manage this carpark including the additional carpark that TCT intends to build as part of this project (Attachment C of this report).

iii. The impact of the loss of these public carparks has been deemed as minimal given the patrons of this carpark are generally TCT’s members and visitors, due to its remote location from Hooton Reserve.

b) Lease variation

i. Staff recommend a lease variation to accommodate the permitted use change to include the premises being used as a multi-sport facility. TCT’s current permitted use under the lease is for tennis facilities, changing rooms, administration offices, café, gymnasium, pro-shop, football courts and professional sports health services.

ii. There are no restrictions for changing the permitted use provision of the lease providing that the consultation requirements have been met under the Local Government Act 2002.

c) Landowner approval

i. All works should be undertaken in accordance with the standard landowner approval conditions for construction works on council land.

ii. These conditions address health and safety, the management of construction effects on the environment, protocols for accidental discovery of items of significance to mana whenua, protection of council assets and reinstatement of council land upon completion of works.

Project 2: Development of padel courts

21. TCT have applied for landowner approval for construction of padel courts on behalf of Pacific Padel. On completion of the project, TCT would like to grant a sublease to Pacific Padel to manage the site.

22. The site proposed to be subleased is outlined under Attachment D of this report.

23. This redeveloped area will include a clubhouse, five padel courts, storage facility for sporting and maintenance equipment, toilets, children’s playground, hitting wall and an area for additional sports activities like pétanque and yoga.

24. The proposed area has been identified by TCT and agreed to by Pacific Padel. The site has been identified as lying within the floodplain, and Pacific Padel are working towards obtaining resource and building consent on their proposed project.

25. Pacific Padel have advised they have sufficient funds to proceed on the project once all landowner approval, resource and building consent have been issued by the council.

26. Both TCT and Pacific Padel are in agreement to the sublease. TCT have indicated this arrangement would be in their best interests as it would help foster the relationship between the two groups.

27. Council staff have been consulted on the sublease proposal and are supportive of the proposed sublease and landowner approval on the following conditions:

a) Lease for additional premises

i. TCT are requested to take on a lease for additional premises, including the responsibility of the adjoining fence with North Harbour BMX as part of the padel court development.

ii. The lease for additional premises has been requested by the council due to issues around access for maintenance on completion of the padel courts.

iii. TCT have agreed to take on the lease for additional premises, which would include maintaining this area, and the responsibility for the adjoining fence with North Harbour BMX. North Harbour BMX have agreed to TCT extending their leased boundary and to joint responsibility for the fencing between TCT and themselves (Attachment D of this report).

iv. The proposed lease for additional premises will be made to align with the existing lease agreement with the TCT.

b) Sublease

i. Based on the terms of the current lease agreement, TCT must seek approval from the council before entering into a sublease agreement.

ii. The sublease approval will be on the basis that its terms will only run within the parameters of the lease between TCT and the council. The sublease will not negate any obligations TCT has to the council in the way of their lease.

c) Landowner approval

i. All works should be undertaken in accordance with the standard landowner approval conditions for construction works on council land.

Tātaritanga me ngā tohutohu

Analysis and advice

28. The TCT has an operative lease agreement with the council for its existing premises at Hooton Reserve which commenced on 1 August 2018. A separate lease agreement will be required for providing a sublease, and lease for additional premises to the group to support the proposed developments. A variation of lease will be required to accommodate the multisport facility. This lease agreement will record the group’s ongoing rights and responsibilities for maintaining the additional area of land including the proposed development and carpark.

29. The general terms and conditions on the lease for additional premises will align with the current community lease agreement, between Auckland Council and the TCT, which commenced 1 August 2018.

30. Granting the sublease, variation of lease and lease for additional premises to the TCT would also relieve the council of the maintenance responsibilities as the council would not need to allocate a maintenance budget towards maintaining that part of the land in Hooton Reserve.

Public notification and engagement

31. The TCT is contemplated on the recently adopted Upper Harbour Local Parks Management Plan. Public notification was completed in accordance with the consultation requirements under the Local Government Act 2002.

32. As iwi consultation was completed during the adoption of the Upper Harbour Local Parks Management Plan, iwi consultation was deemed unnecessary for the proposed project.

33. The proposed sublease, variation of lease and lease for additional premises to the TCT for part of the land at Oteha Valley Reserve was publicly notified. The notification appeared in the North Shore Times on 24 October 2024 and the Auckland Council website’s Have Your Say webpage with a submission deadline for 22 November 2024.

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

35. No submissions or objections to the notified proposal were received.

Assessment of the application

36. The TCT has submitted a comprehensive application supporting the sublease, variation of lease and lease for additional premises request and is able to demonstrate its ability to deliver active recreation services.

37. The area proposed to be subleased, variation of lease and lease for additional premises to the TCT consists of approximately 5598m²and is outlined in Attachment C of this report – Site Map.

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

39. The TCT has all necessary insurance cover, including public liability insurance, in place.

40. A site visit has been undertaken by staff, the facility is well managed and maintained. All management and operational costs are funded by TCT.

41. The sublease, variation of lease and lease for additional premises will allow the group to construct new padel courts and a multisport facility at the proposed location.

42. Staff recommend that a new community lease be granted to the TCT for a term of 3 years and 8 months commencing from 1 January 2025 with two 10 years right of renewals.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

· use sustainable waste, energy and water efficiency systems

· use eco labelled products and services

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

44. 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.

45. Climate change has some potential to impact the lease as the proposed padel courts lie within a flood plain.

46. As part of the landowner approval, council is prepared to sign the section 73 Building Act notice as requested by council’s regulatory department on the basis that the group has adequate insurance for the proposed development, and that no additional feedback or any concern has been received from staff, including Healthy Waters. The exposure of flood risk can be mitigated by the group’s construction design which has been confirmed by council’s regulatory department.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

47. Council staff from Area Operations, Active Recreation, Connected Communities, Land Advisory and Park Specialists were consulted regarding the proposed lease. There have been no concerns raised about providing the proposed lease changes and landowner approval to the TCT.

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

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

Local impacts and local board views

49. The proposed lease will benefit the community by enabling initiatives that promote active recreation that will be delivered from Hooton Reserve for the Upper Harbour Local Board area and its surrounding communities.

50. The assessment of the application was sent to the local board through a memo on the 29 August 2024. The local board supported progressing the application to the next steps including public notification.

51. The delivered activities align with the following Upper Harbour Local Board 2023 outcome and objectives in Table 1.

Table1 : 2023 Upper Harbour Local Board Plan outcomes and objectives

Outcome	Objective
Outcome: Our Community	Upper Harbour has a range of fit for purpose multi-use sports, recreation and community amenities that serve a growing and diverse community
Outcome: Our Community	People of all abilities have access to well-maintained sports fields, parks, coastal and community facilities in Upper Harbour

Tauākī whakaaweawe Māori

Māori impact statement

52. Iwi engagement about the council’s intention to grant sublease, variation of lease and lease for additional premises to the TCT at 361 Oteha Valley Road, Albany was not undertaken due to the group being contemplated on in the recently adopted local parks management plan.

53. 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.

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

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

Ngā ritenga ā-pūtea

Financial implications

56. On 8 June 2023 the Annual Budget was approved by the Governing Body. This included changes to the Community Occupancy Guidelines of the rent fee for a community ground lease from $1.00 per annum to $1300.00 plus GST per annum, taking effect from 1 July 2023.

57. Staff recommend that rent remains at $1.00 per annum until the next lease renewal date for this group which is 1 August 2028. It is to align this with the group’s current rent level of $1.00 per annum which is up for renewal on 1 August 2028.

58. All costs relating to the advertisement of the council’s intention to grant the proposed sublease, variation of lease and lease for additional premises will be borne by the Parks and Community Facilities department of Auckland Council.

59. Staff have consulted with the Financial Strategy and Planning department of the council. No concerns were raised regarding the financial implications regarding the lease for additional premises to the group at Hooton Reserve.

60. The lessee will cover ongoing maintenance costs for their existing assets, and all new assets within the additional area granted to the group as an obligation under their lease agreement.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

61. The flood risk exposure (particularly where the padel courts are being developed) has been mitigated by the project design and approved through the resource consent process.

62. Staff have undertaken a risk assessment by consulting with internal staff and have confirmed the group has an adequate level of insurance in place. The group understands the level of risk involved for constructing on a flood plain.

63. Should the local board resolve not to grant the proposed sublease, variation of lease and lease for additional premises to the TCT at 361 Oteha Valley Road, Albany, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome/s.

Ngā koringa ā-muri

Next steps

64. If the local board resolves to the grant the proposed new sublease, variation and lease for additional premises, including landowner approval to the group, staff will work with the Tennis Charitable Trust to finalise a lease agreement in accordance with the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Project 1 Construction multi-sport building (Under Separate Cover)
b ⇩	Project 2 Development of padel courts	27
c ⇩	Site Map	37
d ⇩	Lease for additional premises to Tennis Charitable Trust	39
e ⇩	Pacific Padel and Tennis Charitable Trust	41

Ngā kaihaina

Signatories

Authors

Angela Zafar - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Proposed policy refresh: The Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi).

File No.: CP2024/17690

Te take mō te pūrongo

Purpose of the report

1. To seek feedback on proposed changes to the Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi).

Whakarāpopototanga matua

Executive summary

2. The Auckland Council Business Improvement District programme team oversees the Auckland Council Business Improvement District programmes ongoing development accountability and governance. The refresh process will not include a review of these roles or resources.

3. Auckland Council Business Improvement District programmes provide sustainable funding to business associations by applying a targeted rate to business rated properties within a defined geographical area and granting these funds to the relevant business association.

4. Auckland Council Business Improvement District operating business associations sign a three-year targeted rate grant agreement which requires compliance with the Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) as attached as Appendix A to this report.

5. Staff are proposing changes to the Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) to clarify minimum requirements, including adding an issues resolution option (the ability to terminate funding agreements in cases of ongoing non-compliance where other concerns are evident), and a requirement for unallocated funds to be reported in the annual report for transparency. Additionally, the deadline for annual accountability reporting will shift from 10 March to 1 December. Other minor changes are also proposed. A summary of proposed changes as part of the policy refresh are attached as Attachment B to this report.

6. Key stakeholders including local boards, Auckland Council Business Improvement District operating business associations and relevant council departments will be engaged in the process with feedback sought by 28 February 2025.

7. The updated policy is scheduled for submission to the Governing Body in April 2025 with implementation commencing on 1 July 2025.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) tūtohi / receive the report and information regarding the proposed refresh of the Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) and provide formal feedback on the changes proposed.

Horopaki

Context

Overview of the Auckland Council Business Improvement District programme

8. Auckland Council Business Improvement District (BID) operating business associations are membership-based organisations independent of Auckland Council. The Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) (the policy) sets out the framework for the governance, accountability, and management of a BID programme and targeted rate funding.

9. The policy supports the independent nature of the BID-operating business associations who are responsible for the BID programme delivery, its success, and are accountable to BID members/BID affiliates.

10. Local boards have the primary relationship with BID-operating business associations in their area:

· local boards and business associations have a vested interest in a particular place and share similar goals

· local boards have allocated decision-making responsibility for BID programme establishments, amending existing BID programmes, BID boundary changes, continuation/discontinuation, and issue resolution.

The Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi)

11. The policy was last substantially reviewed and updated in 2021/2022 and approved by the Finance and Performance Committee on 26 July 2022. The policy will be approved for adoption by the Governing Body.

12. Auckland Council requires BID-operating business associations to fully comply with the policy and the three-year BID Targeted Rate Grant Agreement (as outlined in Attachment A to this report)

13. The policy describes the reason for the BID programme and sets out the process for:

· establishing, continuing/discontinuing BID programmes;

· changes to the BID programme boundary area/map;

· changes to the BID targeted rating mechanism;

· issue resolution;

· key stakeholder roles and responsibilities.

14. The policy sets out the engagement and reporting requirements for BID-operating business associations to ensure all BID members/BID affiliates have access to the relevant BID programme information. BID-operating business associations must use their Annual General Meeting (AGM) process to obtain formal member approval for the BID programme delivery, budget and to confirm their BID targeted rate grant amount for the following financial year.

15. The three-year BID Targeted Rate Grant Agreement sets out the conditions of the BID targeted rate grant funding and the relationship between Auckland Council and a BID-operating business association.

16. There are currently 51 BID programmes within the region.

BID Targeted Rate

17. BID programmes are supported by a BID targeted rate grant providing sustainable funding to BID-operating business associations. A BID targeted rate is applied to business rated properties within a defined geographic area. The rates collected are then provided to the relevant BID-operating business association via an annual grant.

18. The amount of BID targeted rate grant is decided each year at the BID-operating business associations annual general meeting (AGM) as part of the income and expenditure budget for the following financial year.

19. BID targeted rates are set according to the procedure defined in the Local Government (Rating) Act 2002, Section 23.

Local Board role with BID programmes

20. The policy recognises local board decision-making responsibilities in relation to:

· approval of the establishment of a new BID programme and boundary area

· approval of any changes to or amendments to an existing BID programme boundary area

· annually recommending BID programme targeted rate grant amounts to the Governing Body

· recommending to the Governing Body proposed changes to a BID targeted rating mechanism.

21. The policy is an effective document and includes the provision for local boards to receive an annual BID compliance and accountability report (in May each year). The report provides the local board with information on any issues that may be impacting on the BID programme or BID-operating business association.

22. The May 2024 BID annual compliance report presented to local boards with BID programmes highlighted:

· compliance with the 10 March 2024 due date for accountability reporting was lower than previous years.

· fifty-one per cent (26) of BIDs successfully completed their annual accountability reporting by the due date of 10 March 2024

· forty-one per cent (21) were notified of missing information or documents and received an extension

· four BIDs failed to meet BID Policy Requirement 11 and did not complete annual accountability reporting.

23. These situations are of concern and undermines the policy and the relationship between the organisations and Auckland Council. The BID-operating business associations that receive an allocation of public funds (BID targeted rate grants) should as a minimum reach the policy requirements.

24. Of the four BIDs that failed to meet the policy requirement 11, Hunters Corner and Māngere East Village BID were situations of continued non-compliance with the policy over multiple years.

Hunters Corner BID

25. For two years, the BID team and the local board, dealt with a complex governance and management situation within the Hunters Corner BID involving:

· non-compliance with the policy

· missing financial reporting and association financial records

· accumulating liabilities

· unauthorised changes to bank signatories

· absence of accountability reporting for grant funds received by the BID from local board and a CCO, over several years

· ineffective governance and management processes.

26. Whilst the existing policy issue resolution (section five) could have responded to these situations individually, the issues were long-term, undisclosed, and had no visibility due to governance practices within the business associations committee at the time. Once understood, these factors culminated in the need for effective and immediate decision making by Auckland Council.

27. The situation had moved beyond mere non-compliance with the policy into actions that council deemed a significant risk to the funding and the associations obligations under the three-year BID Targeted Rate Grant funding agreement.

Māngere East Village BID

28. For the past 18 months, staff and the local board have been working through governance and management issues with this BID which has included continued non-compliance with the policy. The BID has also failed to undertake governance processes as set out in their constitution.

29. The outcome of this situation has been the delay of targeted rate payments to the BID due to the concern that BID rate payers (BID affiliates) are receiving no value from the BID programme. The executive committee of Māngere East Village BID has taken no actions to regain compliance with the policy.

30. The local board has been involved in the process and has instructed staff, under resolution, to work with the association towards BID discontinuation from June 2025.

Broadening the definition of an “issue” to include other factors

31. The combination of circumstances in both the examples above have contributed to the need to refresh and add clarity to the issue resolution options in the ‘issues’ section of the policy (Section 5). The existing BID Targeted Rate Grant Agreement document allows for the option for council to not set the target rate and terminate the funding agreement.

32. The situations above (Hunters Corner BID and Mangere East BID) were more nuanced than purely non-compliance with the BID Policy. These situations were identified as:

· a failure to communicate relating to the non-compliance.

· debt accumulation with no actions towards reduction.

· disharmony within a business community.

33. The Introduction of the policy notes that executive committees “must operate with the principles of trust, respect and democracy, and values of transparency and accountability, and good faith” (pg. 6). The lack of these factors is sometimes difficult to prove but their absence will have an impact on the reputation of a BID programme.

34. The purpose of the additional issue resolution option is to be able to consider factors other than non-compliance.

35. Feedback from local boards is particularly welcomed regarding what other circumstances could undermine the integrity of a BID programme and use of targeted rate.

36. The current policy notes that where an issue is identified, council will work with the BID to achieve compliance. Council staff will communicate with local boards when an issue is identified. This approach will remain unchanged.

37. The proposed new option for issue resolution aligns with current wording in the three-year grant agreement under the section ‘Termination”. The proposed policy wording would allow council to ‘Stop/ End’ (terminate) the three-year BID Targeted Rate Grant Agreement and/or not set the BID targeted rate for subsequent years.

38. The business association would no longer be considered as operating a BID programme under the policy.

39. The proposed additional resolution option should not be of any concern to BID programmes that are compliant with the policy and do not have other act or thing that council deems a significant risk to the associations funding or the associations obligations under this agreement.

Policy refresh

40. Communication about the refresh of the current policy began in October 2024 to all stakeholders involved in the management and operation of BID programmes across Tāmaki Makaurau. Stakeholders include all local boards, both BID-operating and non-BID business associations, council departments and interested parties.

41. This report is part of that process and seeks feedback from each local board. A summary of proposed changes to the policy is attached as Attachment B to this report. Although the refresh focuses on specific areas of the policy, feedback on any section of the policy is welcome.

42. The feedback period is open until 28 February 2025.

43. If approved by the Governing Body in April 2025, the Business Improvement District (BID) Policy (2025) (Kaupapa Here ā-Rohe Whakapiki Pakihi) (BID Policy 2025). will become operational from 1 July 2025.

44. There are no expected additional financial costs associated with undertaking this refresh.

Tātaritanga me ngā tohutohu

Analysis and advice

Rationale for the refresh

45. The refresh process is based on observations and feedback from working with the policy, annual compliance requirements reporting, and as noted, complex governance and management issues.

46. The aim of the refresh is to:

· add in more content and clarification to sections of the policy regarding the minimum requirements, including the sections relating to establishments and expansion projects.

· for clarity purposes, to strengthen parts of the policy (and appendix documents) relating to issue resolution (section five).

Summary of proposed changes suggested for BID Policy (2025) and appendix documents

47. The key changes proposed for BID Policy (2025) are set out in Table 1.

Table 1 - Key changes proposed for the BID Policy (2025) and appendix documents

Change from 2022 BID Policy	Description	Note	2022 section, Requirement
New Wording Proposed
Section 5 Issue resolution.	Clarifying what would be deemed an ‘issue’ in addition to non-compliance with the policy.	New wording for an additional option to strengthen this section. These changes should be of no concern to the majority of BIDs compliant with the policy.	Section 5 Requirement 22
	New wording added to: Requirement 22 ‘… or if Auckland Council becomes aware of any act or thing that is a significant risk to the funding or the obligations under the Three-year BID Targeted Rate Grant Agreement’.	Adding the ability for Auckland Council to act in situations where not only non-compliance with the policy is clear, but where there is a potential for serious risk to BID programme funding and the business associations obligations. Examples could include: · a failure to communicate relating to a non-compliance. · debt accumulation with no actions towards reduction. · disharmony within a business community. · a society not prepared to work with Auckland Council.
	‘Stop and End’ (terminate) the three- year target rate agreement and/ or not set the target rate for subsequent years.	‘Last case’ option for BIDs that are non-compliant and/ or with significant risk to the funding or the obligations under the Three-year BID Targeted Rate Grant Agreement.
New Section 2.6.3	Accumulated BID targeted rate grant/unspent BID targeted rate grant	To provide more clarity and transparency within the BID Treasurer report presented at the BID Annual General Meeting (AGM). Treasurers report to include information on any BID targeted rate grant accumulated or unspent.	Added to Section 2.6
2.7	BID grant used to guarantee, secure, or repay borrowed or raised money. New wording to align with the Three-year BID Targeted Rate Grant Agreement.	Aligning the policy and the Three-year BID Targeted Rate Grant Agreement regarding the use of BID grant to guarantee, secure or repay borrowed or raised money.	Added to Section 2.6, and aligning with Requirement 6
Section 3, Table One	Updated tables - BID programme annual accountability reporting.	Table format updated, new headings and numbering. New wording to provide a better understanding of the minimum requirements and transparency of information reported.	Section 3
	New deadline for annual accountability reports to be with council	Change date of annual accountability reporting from 10 March to the earlier date of 1 December. BIDs can complete post AGM reporting within a shorter period. Enables better alignment between a) council confirmation of compliance with policy and b) council annual draft budget/10year plan engagement process.
4.1.2 and Requirement 14	Audit review option removed	Advice sought from Risk and Assurance Team recommended that all BIDs be required to undertake an annual full audit.	Section 4.1.2 and Requirement 14
Minor changes – to accommodate administration changes and updates, additional wording to provide clarification to support a better understanding of the requirements of the policy.
Various places in the policy		Updating references to the date of the Incorporated Societies Act 2022
	Removal of council website references	Information has been updated or is longer relevant.
	New wording or updated wording	Wording and sentence structure tidied up and align throughout the policy and appendix documents.
Section 3, Table One	Treasurer’s written report	Information transferred from Appendix D and amalgamated into Table One.	Section 3, Table One
4.1.2	Governance practices	New item due to changes within the Incorporated Societies Act 2022. New wording sets the notice requirements for AGM as a minimum of 14 days’ notice and SGM as a minimum of 21 days’ notice.	Section 4.1.2 and aligning with Requirement 13
Section 6	Table Three – BID ballot processes New Table Four – BID ballot process and mandate	Table Three captures information for the Eligible BID Voter list. New Table Four captures BID ballot process and mandate. Table format updated, wording added to tidy sentence structure and understanding of the processes associated with BID ballots.	Section 6.4, Table Three and new Table Four
Appendix A	Tidied up wording	To align with the policy
Appendix B	Tidied up wording	Tidied up form layout and sentence structure, wording and added in numbering
Appendix C	Tidied up wording
Appendix D	Removed	Information transferred and merged into Section 3, Table One
New Appendix D	Summary of policy requirements	Updated to align with policy
Appendix E	Abbreviation and definitions	Updated to align with policy

48. A detailed summary of the proposed changes to the policy and appendix documents is set out in Attachment B to this report.

Draft BID Policy (2025) and appendix documents

49. The draft BID Policy (2025) and appendix documents will be presented to the Governing Body at the April 2025 meeting.

50. Once approved, the BID Policy (2025), the appendix documents and changes document will be made available on the BID Auckland Council website www.bid.aucklandcouncil.govt.nz

Tauākī whakaaweawe āhuarangi

Climate impact statement

51. The draft BID Policy (2025) focuses on the governance and accountability for BID-operating business associations. Individually the BID programme, through targeted rate-funding, can focus on advocacy and activities relating to climate factors at the request of their members.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

52. Formal feedback will be sought from council teams and those who work and have an interest in the BID programme and business community space.

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

Local impacts and local board views

53. Local boards strongly contributed to the development of BID Policy (2022). The refresh process for the development of the draft BID Policy (2025) presents an opportunity for local board feedback that can shape the content of the policy.

54. Local boards are asked to provide formal feedback on the changes proposed for the draft BID Policy (2025). Local boards are encouraged to engage with BID-operating business associations in their local board area to help to inform this feedback process.

Tauākī whakaaweawe Māori

Māori impact statement

55. Officers are working with Auckland Council’s Ngā Mātārae Unit to ensure that the BID Policy (2025), aligns with the Auckland Council’s Kia Ora Tāmaki Makaurau performance measurement framework.

Ngā ritenga ā-pūtea

Financial implications

56. There are no financial implications for local boards under the refresh of the BID Policy (2022).

57. Targeted rates for BID-operating business associations are raised directly from business rated ratepayers and used by the business association for improvements within that rohe. The council’s financial role is to collect the BID targeted rates and pass them directly to the association every quarter.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

58. There are no direct financial risks to the local board or the council that could result from the refresh of the Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi), and appendix documents.

59. The Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) describes the balance between the independence of the BID-operating business association, and the accountability role council has for monies collected as a public sector organisation. This balance is necessary to sustain public trust and confidence with the Auckland Council BID programme.

60. At the completion of the refresh, Business Improvement District (BID) Policy (2025) (Kaupapa Here ā-Rohe Whakapiki Pakihi) and appendix documents will set out the requirements and obligations for BID-operating business associations and are intended to help minimise the potential for business associations to misuse BID targeted rate funds by requiring each BID to plan for their intended use, report on its activities to its members, to undertake and meet all requirements set out in the policy.

Ngā koringa ā-muri

Next steps

61. All BID-operating business associations and non-BID business associations will be advised of the refresh and invited to provide feedback on the changes proposed. The policy refresh, and engagement information will also be published on the council BIDs website www.bid.aucklandcouncil.govt.nz

62. Feedback from local board representatives on BID programmes is particularly valuable for policy development. Upon request, a workshop session could be organised. Attachment C to this report details the stakeholders which the refresh will engage with.

63. Following formal feedback received from local boards, CCOs, BID-operating business associations, non-BID business associations, council departments, other external stakeholders, and those with an interest in BID programmes, the proposed Business Improvement District (BID) Policy (2025) (Kaupapa Here ā-Rohe Whakapiki Pakihi), and appendix documents will be put before the Policy and Governing Body in April 2025 for approval.

64. If approved by the Governing Body, Business Improvement District (BID) Policy (2025) (Kaupapa Here ā-Rohe Whakapiki Pakihi), would become operational on 1 July 2025.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) (Under Separate Cover)
b ⇩	Changes between current Business Improvement District (BID) Policy (2022) and proposed Business Improvement District (BID) Policy (2025).	53
c ⇩	Stakeholder Engagement Programme	59

Ngā kaihaina

Signatories

Authors

Claire Siddens - Principal Advisor

Authorisers

Alastair Cameron - Manager CCO/External Partnerships team

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Upper Harbour Local Board Kōkiri Agreement 2024 - 2025 Quarterly Update - December 2024

File No.: CP2024/18130

Te take mō te pūrongo

Purpose of the report

1. To provide an update on projects in the Upper Harbour Local Board Kōkiri Agreement 2024-2025 (Kōkiri Agreement).

Whakarāpopototanga matua

Executive summary

2. The Kōkiri Agreement is the local board’s engagement plan with Auckland Transport’s work programme.

3. Developing the agreement is an annual process. During this process Auckland Transport provides advice on its work programme, seeks feedback from the local board, responds to this feedback, and establishes an endorsed plan for engaging on work in the local board area.

4. This report provides an update on projects in the local board’s Kōkiri Agreement.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the December 2024 quarterly update on the Upper Harbour Local Board Kōkiri Agreement 2024-2025 as outlined in Attachment A.

Horopaki

Context

5. In mid-2023, development of the Kōkiri Agreement was initiated to build a more structured and supportive relationship between local boards and Auckland Transport (AT). The Kōkiri Agreement is formed through an annual process that includes the following steps:

October/November	AT provides quality advice to local boards on the next financial year’s work programme.
March	Local boards provide their feedback, prioritise projects or programmes, and request levels of engagement for each project.
April/May	AT responds to that feedback, and a Kōkiri Agreement is written for each local board.
June/July	AT seeks formal endorsement of the Kōkiri Agreement from local boards.

6. AT reports quarterly on the prioritised projects and programmes listed in the local board’s Kōkiri Agreement.

7. This process provides a clear annual structure for engaging with AT. Local boards are able to influence Auckland Transport’s work programme through the annual Kōkiri Agreement process.

Tātaritanga me ngā tohutohu

Analysis and advice

8. Kōkiri Agreements prioritise the projects or programmes that are of most interest to the local board. Clear local board prioritisation provides Auckland Transport with expectations of transport related objectives, in addition to the objectives provided in the local board plan. This information helps AT to either inform its planning or to offer better explanations for why certain projects or programmes cannot be delivered.

9. However, plans evolve and change, so AT reports quarterly on progress of projects in the Kōkiri Agreement. This means that local boards are kept informed and have a regular opportunity to provide formal feedback to AT about their work programme.

10. The levels of engagement in the Kōkiri Agreement are derived from the International Association for Public Participation’s (IAP2) doctrine and are as follows:

Collaboration	AT and the local board work together to deliver the project or programme. The local board leads the process of building community consensus. The local board’s input and advice are used to formulate solutions and develop plans. Local board feedback is incorporated into the plan to the maximum extent possible.
Consultation	AT leads the project or programme but works with the local board, providing opportunities to input into the plan. If possible, AT incorporates the local board’s feedback into the plan, and if it is not able to, provides clear reasons for that decision.
Informing	AT leads the project or programme informing the local board about progress. Local board members may be asked to provide their local knowledge and insight by AT, however there is no expectation that the project must be modified based on that input.

11. This agenda report includes the following attachments:

· Attachment A - provides updates about all projects and programmes currently listed in this local board’s Kōkiri Agreement 2024-2025.

· Attachment B - is a quarterly update on road maintenance activities.

Tauākī whakaaweawe āhuarangi

Climate impact statement

12. This report does not have a direct impact on climate, however the projects it refers to will.

13. AT engages closely with the council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan and the council’s priorities.

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. The Kōkiri Agreement is a product of the Local Board Relationship Project. AT started the project in response to a 2022 ‘Letter of Expectation’ directive from the Mayor that stated in part that:

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

16. The Kōkiri Agreement gives effect to this intent. AT receives local board feedback via regular engagement. AT also surveys local board members quarterly about engagement, providing an indication of satisfaction.

17. The Kōkiri Agreement was developed working closely with Auckland Council’s Governance and Engagement Department.

18. The Kōkiri Agreement is reported to the Local Board Chair’s Forum on a regular basis.

19. This work relies on historical engagement with both Auckland Council and with other major council-controlled organisations (CCO) through the previous joint CCO engagement plans.

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

Local impacts and local board views

20. The Upper Harbour Local Board endorsed the Kōkiri Agreement 2024-2025 at their 25 July 2024 business meeting, [resolution number UH/2024/105]. This report provides a quarterly update on projects in the agreement.

Tauākī whakaaweawe Māori

Māori impact statement

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

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

23. The Kōkiri Agreement is focused on AT’s interaction with local boards, as such Māori input was not sought at a programme level. However, when individual projects or operational activities have impact on water or land, Auckland Transport engages with iwi to seek their views. These views are shared in reports seeking decisions from the local board.

Ngā ritenga ā-pūtea

Financial implications

24. Generally, this report has limited financial implications for the local board because Auckland Transport funds all projects and programmes. However, local boards do have a transport budget, called the Local Board Transport Capital Fund.

25. Updates about Local Board Transport Capital Fund projects are included in this report, but financial implications are reported separately, in project specific decision reports.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26. If a local board provides any formal direction on changes to the Kōkiri Agreement, there are risks to consider. First, the local board needs to be able to commit to the time required for the level of engagement requested. If decisions are not able to be made or are slowed down by local board decision-making, there can be significant financial costs.

27. Auckland Transport suggests that this risk is mitigated by the local board providing sufficient workshop time to allow for timely discussion of activities listed in Kōkiri Agreement.

Ngā koringa ā-muri

Next steps

28. After local boards receive this report, AT will respond to any additional resolutions.

29. The next quarterly report is planned for March 2025.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Schedule of Kōkiri Agreement updates.	65
b ⇩	Road maintenance activities.	73

Ngā kaihaina

Signatories

Author

Owena Schuster – Elected member Relationship Partner, Auckland Transport

Authorisers

John Gillespie – Head Stakeholder & Community Engagement, Auckland Transport

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Request for change to local dog access rule

File No.: CP2024/19241

Te take mō te pūrongo

Purpose of the report

1. To seek a decision on whether to propose changes to local dog access rules in the local board area for the purposes of public consultation.

Whakarāpopototanga matua

Executive summary

2. The council has received requests to change local dog access rules in the local bord area.

3. An assessment against criteria in the Dog Control Act 1996 and Auckland Council Kaupapa mo ngā Kuri | Policy on Dogs 2019 found possible structural problems with the current rules (problems that place responsible dog owners, their dogs, other people, animals or property at significant risk or unreasonably restrict responsible dog owner access).

4. The assessment findings meet legislative and policy criteria to enable the local board to consider whether to change the local dog access rules related to the requests.

5. To enable the local board to decide whether to change the local dog access rules, staff identified and assessed two options against legislative and policy criteria:

· Option one: Status quo – no change to current local dog access rule

· Option two: Amend local dog access rule.

6. Staff recommend Option two and have prepared a Statement of Proposal in Attachment A to this report for the local board to adopt for public consultation. Taking this approach will better achieve the policy to balance the needs of dogs, people, animals, the environment and property.

7. There is a medium reputational risk that people may feel the proposed changes do not reflect their views. This can be mitigated by communicating the reasons for the proposed changes and that the local board will consult the public before making a final decision.

8. If approved, staff will commence the public consultation process alongside other proposed changes to the council’s Policy and Bylaw on dogs by the Governing Body and other local boards in early 2025. The consultation will include an online feedback form and regional Have Your Say events. The local board will consider any public feedback, deliberate, and make a final decision by mid-2025.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) ohia / endorse the assessment findings of possible structural problems with the local dog access rules in Attachment B of this agenda report.

b) whakaae / agree that Option two (Amend local dog access rule) in Attachment B of this agenda report is the most appropriate response to the assessment findings.

c) whai / adopt the Statement of Proposal in Attachment A of this agenda report that contains proposed amendments to local dog access rules for public consultation using the Local Government Act 2002 special consultative procedure, to the extent it applies to locations within the local board area.

d) whakaū / confirm that the proposed amendments to local dog access rules in the Statement of Proposal in Attachment A of this agenda report, to the extent it applies to locations within the local board area:

i) are consistent with the policy, principles and criteria for deciding dog access rules in the Auckland Council Kaupapa mo ngā Kuri | Policy on Dogs 2019

ii) are not inconsistent with any decision in relation to region-wide dog access rules contained in the Auckland Council Kaupapa mo ngā Kuri | Policy on Dogs 2019

iii) are in accordance with all relevant legislative requirements, in particular the Local Government Act 2002 and Dog Control Act 1996.

e) appoint a chair and two Local Dog Access Panel members from the local board to attend relevant ‘Have Your Say’ events and to deliberate and make recommendations to the local board on public feedback to the proposal in Attachment A of this agenda report.

f) delegate authority to the local board chair to make replacement appointments to the Local Dog Access Panel if a Panel member is unavailable.

g) delegate authority through the Chief Executive to a manager responsible for bylaws to:

i) appoint staff to receive public feedback at ‘Have Your Say’ events where attendance from Panel members is not necessary (for example, an informal ‘drop-in’ session)

ii) make any amendments to the proposal in Attachment A of this agenda report to correct errors, omissions, insert maps or reflect decisions made by the local board.

h) tuhi ā-taipitopito / note that the local board would need to fund any bespoke public consultation initiatives and allocate funding for estimated costs in Attachment B of this agenda report (for example for signage) to implement any local dog access rule changes.

Horopaki

Context

Council has received requests to change local dog access rules

9. Council has received requests to change local dog access rules in the local board area.

10. A summary of the requests is provided in Attachment B to this report.

Local dog access rules provide spaces for dogs and their owners that is safe for everyone, are adopted by local boards and enforced by council staff

11. The Auckland Council Kaupapa mo ngā Kuri | Policy on Dogs 2019 (Policy) contains dog access rules that seek to provide a balanced use of public places for dogs and their owners that is safe for everyone. This includes people, animals, the environment and property.

12. The local board has delegated authority to decide dog access rules on local park, beach and foreshore areas in their local board area (GB/2012/157).

13. Council’s Animal Management Team enforce dog access rules with the power to issue $300 infringement fines. In practice, Animal Management adopts a modern regulator approach that focuses more on education than penalties to increase voluntary compliance, including through website information, signage and interactions with dog owners during patrols.

Deciding how to respond to a request requires assessments against criteria

14. A local board decision to change a local dog access rule must meet regulatory criteria in their delegated authority, Policy on Dogs 2019, Dog Control Act 1996 and Local Government Act 2002 (See Attachment C). For example, the local board cannot change any regional rule that applies on a local park (for example the ‘no dogs on playgrounds’ rule).

15. To assist the local board in deciding how to respond to requests for changes to local dog access rules, staff complete a two-part assessment against regulatory criteria to:

· find whether evidence associated with the request^{^[1]} relates to structural problems

· identify and assess options in response to the structural problems.

16. The focus on structural problems recognises that:

· dog access rules in Auckland have been established since 1996 with the opportunity for a comprehensive local board review occurring between 2013 and 2016

· the focus now is on managing change that support responsible dog ownership, for example:

o identifying new opportunities for dog friendly access in neighbourhoods with limited off-leash areas

o only restricting access for new park developments, more people, increased presence of protected wildlife or new threats to natural habitat where the presence of dogs creates significant risk to people, stock, poultry, domestic animals, protected wildlife, natural habitat or property.

· this approach means changes to local dog access rules are not used to address the actions of irresponsible dog owners or to reconsider previous decisions^{^[2]}

· the actions of irresponsible dog owners (for example failure to control their dog) are addressed by animal management officers (for example patrols, education and fines).

Any decision to change a current rule must use the special consultative procedure

17. Any decision to change a current local dog access rule must first be adopted as a proposal for public consultation using the Local Government Act 2002 special consultative procedure before a final decision is made (See Next Steps for further details).

18. To assist the local board, staff have drafted a proposal for public consultation (Attachment A to this report) where a change to the current rule is the recommended option.

Tātaritanga me ngā tohutohu

Analysis and advice

An assessment has found possible structural problems with current local dog access rules

19. An assessment of the evidence against regulatory criteria included the identification of structural changes and significant risk factors or opportunities to determine whether there is a structural problem with current local dog access rules related to a request.

20. The assessment findings identified possible structural problems with current local dog access rules.

21. A summary of the assessment is provided in Attachment B to this report.

An options assessment recommends changes to current local dog access rules

22. Two options are identified that respond to the assessment findings:

· Option one: Status quo – no change to current local dog access rule

· Option two: Amend local dog access rule.

23. A comparative options assessment against criteria included a description of each option and its implementation, effectiveness, efficiency, validity and risks, and a recommendation.

24. Staff recommend Option two (Amend local dog access rule). This approach better achieves the policy to balance the needs of dogs, people, animals, the environment and property.

25. A summary and detailed options assessment is provided in Attachment B to this report.

Staff recommend adopting a proposal to implement the changes for public consultation

26. Staff have prepared a Statement of Proposal in Attachment A to this report to adopt the recommended options. The proposal has been drafted to comply with relevant statutory requirements^{^[3]}.

27. Staff recommend the local board adopt the proposal for public consultation. Taking this approach will commence the statutory process to improve local dog access rules.

28. The local board is requested to appoint a Local Dog Access Panel to attend ‘Have Your Say’ events as appropriate, deliberate and make recommendations to the local board on public feedback to the proposal.

29. It is also recommended that staff be delegated authority to receive public feedback at ‘Have Your Say’ events as appropriate or in case a Panel Member cannot attend.

Tauākī whakaaweawe āhuarangi

Climate impact statement

30. Environmental impacts were considered as part of the findings and options assessment. No climate impact was found relating to the change requests or the Proposal.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. Input from relevant council teams was sought to inform the findings and options assessment, and those teams are aware of the impacts of the proposal and their implementation role.

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

Local impacts and local board views

32. Local impacts of any change to dog access rules were examined during the findings and options assessment, and any notable impacts are discussed in Attachment B to this report.

33. Local boards have delegated authority to decide local dog access rules in their area. This means local boards are the final decisions-makers and must consider all public feedback with an open mind before making a final decision.

34. Staff will support the local board to use the special consultative procedure to seek public feedback, deliberate and to make and implement a final decision.

Tauākī whakaaweawe Māori

Māori impact statement

35. Local dog access rules support whanaungatanga (vibrant communities), manaakitanga (quality of life) and kaitiakitanga (sustainable futures) in Houkura | the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau and Schedule of Issues of Significance by helping to protect the safety of people and the environment.

36. No particular impact on mana whenua and mataawaka have been identified. Staff will engage with mana whenua and mataawaka during the public consultative process to ensure Māori are able to provide their views on the proposal.

Ngā ritenga ā-pūtea

Financial implications

37. The cost of the special consultative procedure will be met within existing budgets. This is possible because staff will combine any proposed changes to local dog access rules with public consultation on the Governing Body’s proposed changes from its review of council’s Policy on Dogs 2019 and Dog Management Bylaw 2019 (See Next Steps).

38. The local board would need to fund any bespoke public consultation initiatives, and (similar to any new alcohol bans) allocate funding for estimated costs in Attachment B of this agenda report (for example for signage) to implement any local dog access rule changes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. The following risks have been identified:

If …

Then …

Mitigation

… the proposed change does not reflect people’s views

… those people may think the proposal is unreasonable

(medium risk)

Communication of the reasons for the proposal and that public feedback will be sought before making a final decision.

Ngā koringa ā-muri

Next steps

40. If the proposed changes are adopted, the next steps will be public consultation prior to making a final decision in mid-2025.

41. Note that the Governing Body and other local boards will also make decision in December 2024 on proposed changes to the Policy and Bylaw on dogs for public consultation.

42. All Governing Body and local board proposed changes will be combined into a single public consultation process to commence in early 2025.

43. The consultation will include an online feedback form and regional Have Your Say events.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Statement of Proposal (SOP) to amend the Kaupapa mo ngā Kurī Policy on Dogs 2019	81
b ⇩	Assessment of dog access rule change requests against regulatory criteria	107
c ⇩	Regulatory criteria related to local dog access rule change requests	115

Ngā kaihaina

Signatories

Author

Nancy Chu - Principal Policy Analyst

Authorisers

Louise Mason - General Manager Policy

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Annual Budget 2025/2026 - local board consultation content

File No.: CP2024/19136

Te take mō te pūrongo

Purpose of the report

1. To approve local consultation document content and supporting information as part of the Annual Plan 2025/2026 process, along with a local engagement event.

Whakarāpopototanga matua

Executive summary

2. Each financial year, Auckland Council must have a local board agreement that is agreed between the Governing Body and the local board in each local board area. These agreements set out local board priorities and the local activities to be provided for the year. The 21 local board agreements for 2025/2026 will be included in the Annual Plan 2025/2026.

3. Consultation on the Annual Plan 2025/2026 is planned to take place from late February 2025 – late March 2025. Content relating to each local board agreement must be included as part of that consultation.

4. This report seeks approval from the local board for local consultation content. It also seeks approval of a Have Your Say event to be held in the local board area to give Aucklanders an opportunity to provide face-to-face feedback during the consultation period.

5. The local consultation and supporting information documents to be considered for approval will be tabled at the 5 December 2024 business meeting.

6. The Governing Body will approve regional items for consultation on 4 December 2024. The regional and local consultation items will then be incorporated into the Annual Plan 2025/2026 consultation document and supporting information, which is planned to be adopted by the Governing Body on 19 February 2025.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whakaae / approve local consultation document content and local supporting information content tabled at the 5 December 2024 business meeting for inclusion in the Annual Plan 2025/2026 consultation material.

b) tautapa / delegate authority to the local board chairperson to approve any changes required to finalise the local consultation document and supporting information content for the Upper Harbour Local Board for the Annual Plan 2025/2026.

c) whakaae / approve a Have Your Say event in the local board area during the Annual Plan 2025/2026 consultation period.

d) tautapa / delegate authority to the local board chairperson to approve any changes required to the Have Your Say event.

e) tautapa / delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken (or New Zealand sign language) interaction” in relation to the local board agreement at the council’s public engagement events during the consultation period for the Annual Plan 2025/2026:

i) local board members and Chair

ii) General Manager Governance and Engagement, Local Area Manager, Local Board Senior Advisor, Local Board Advisor, Local Board Engagement Advisor, Community Broker.

iii) any additional staff approved by the General Manager Governance and Engagement or the Group Chief Financial Officer.

Horopaki

Context

7. The Annual Budget 2025/2026 will contain the budget and funding impact statement for the year, identify any variations from the financial statements and funding impact statement in the 10-year plan for the relevant year, and provide for integrated decision-making and coordination of the council’s resources. The Governing Body is responsible for adopting the annual plan and will be adopting the Annual Plan 2025/2026 in June 2025.

8. Auckland Council is required to consult on the Annual Plan 2025/2026. The Budget Committee will be deciding on items for consultation for the Annual Plan 2025/2026 on 4 December 2024. Local Boards have the opportunity to provide input into the regional topics for consultation for consideration by the Budget Committee.

9. For each financial year, Auckland Council is required to have a local board agreement (as agreed between the Governing Body and the local board) for each local board area. These local board agreements are included in each year’s annual plan, or the 10-year plan (every three years).

10. Local board agreements set out how the council will reflect the priorities and preferences in the local board’s plan through the local activities to be provided in the local board area.

11. Content relating to each local board agreement must be included in the Annual Plan 2025/2026 consultation document and supporting information.

12. Public consultation on the Annual Plan 2025/2026 is planned to take place from late February 2025 to late March 2025.

13. Aucklanders will be able to provide feedback during the consultation period through a variety of channels, which include face-to-face (for spoken and New Zealand sign language interaction), written and social media.

Tātaritanga me ngā tohutohu

Analysis and advice

14. Local boards held workshops during November 2024 to determine their proposed priorities for their 2025/2026 local board agreement. Each local board is now requested to approve its local consultation document content and supporting information content for inclusion in the consultation material for the Annual Plan 2025/2026.

15. At the time of writing this report the draft local consultation document and supporting information content for inclusion in the consultation material had not been finalised and will be tabled at the 5 December 2024 business meeting.

16. Should changes be required to the local consultation content during the document production, they will be provided to the local board chairperson for approval.

17. Aucklanders who wish to have their views on the proposed content of the local board agreement 2025/2026 and Annual Plan 2025/2026 considered by Auckland Council should be provided a reasonable opportunity to present those views in a manner and format that is appropriate to their preferences and needs.

18. The recommended Have Your Say events, along with the recommended delegation to elected members and staff to hear from the public ensures that the council is meeting its obligations relating to consultation.

19. The Have Your Say event recommended to be held in the Upper Harbour Local Board area is:

· Format: Hearing Style Event

· Details: Upper Harbour Local Board Office & option for online

· Date: Thursday 27^th March 2025

· Time: 1:30pm

20. Other Have Your Say events will also take place across the region along with a range of ways for people to engage with the council during the consultation period. There will also be online information available and the opportunity to submit written or digital feedback.

21. The consultation period does not begin for a couple of months. If circumstances change between now and the consultation period requiring any changes to the approved Have Your Say event, these will be provided to the local board chairperson for approval in line with the recommended delegation.

22. There are unavoidable material increases in the cost of delivering existing services in 2025/2026. The exact amount of cost pressures the local board is facing is currently unknown and will depend on final Governing Body decisions on allocation of funding to local boards. The local board may need to prioritise what they do and where they invest so that they manage spend within the available funding.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23. The decision to consult is procedural in nature and the small scale of the Have Your Say events means any climate change impacts will be negligible. These decisions are unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decisions.

24. However, where practicable, events proposed will be in locations accessible by public transport, to reduce private vehicle travel and increase opportunities for attendance.

25. Some of the proposed initiatives or projects included in the consultation content may have climate change impacts. The impacts of any initiatives or projects Auckland Council chooses to progress as a result of this consultation will be assessed as part of the relevant reporting requirements.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. The Annual Plan 2025/2026 is an Auckland Council group document and will include budgets at a consolidated group level.

27. Consultation items and updates to budgets to reflect decisions and new information may include items from across the group. This will be reflected in the report on regional consultation items going the Budget Committee on 4 December 2024.

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

Local impacts and local board views

28. Local board chairs have been invited to be involved in the development of the regional topics for consultation by attending Budget Committee workshops. Local board members were provided recordings of the Budget Committee workshops for the Annual Plan 2025/2026.

29. Local boards will have further opportunities to provide information and views as the council progresses through the Annual Plan 2025/2026 process.

30. Aucklanders will have the opportunity to give feedback on regional and local proposals through the public consultation on the Annual Plan 2025/2026. All feedback received from submitters that indicate that they reside in the local board area will be analysed by staff and made available for consideration by the local board, prior to the local board finalising its local board agreement.

Tauākī whakaaweawe Māori

Māori impact statement

31. Many local board decisions are of importance to and impact on Māori. The local board agreement and Annual Plan 2025/2026 are important tools that enable and can demonstrate the council’s responsiveness to Māori. The local board plan adopted in November 2023 forms the basis for local priorities.

32. The approach to Māori engagement for Annual Plan 2025/2026 will be finalised once consultation topics are confirmed, including development of bespoke materials.

33. There is a need to continue to build local board relationships with iwi and the wider Māori community. Ongoing conversations will assist the local board and Māori to understand each other’s priorities and challenges.

Ngā ritenga ā-pūtea

Financial implications

34. There may be marginal costs associated for Have Your Say events including venue hire (where council premises cannot be utilised).

35. After consultation local boards will make decisions on local spending in the local board agreement with financial impacts that affect local communities.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36. The Local Government (Auckland Council) Act 2009 requires content relating to each local board agreement to be included in the Annual Plan 2025/2026 consultation document. Under the Local Government Act 2002, the consultation document for the Annual Plan must be audited. The draft consultation document (including local consultation content) will be prepared by staff and audited in December 2024 and January 2025 ahead of adoption by the Budget Committee in mid-February 2025. Therefore, local boards need to approve their local consultation content for inclusion in the draft consultation document by the beginning of December 2024.

Ngā koringa ā-muri

Next steps

37. The Budget Committee will agree items for consultation and approve the consultation approach for the Annual Plan 2025/2026 on 4 December 2024.

38. Following the decisions of the local board to approve local consultation content, and the decisions of the Budget Committee on regional items for consultation, staff will prepare the consultation document and supporting information for the Annual Plan 2025/2026. These will be adopted by the Budget Committee in mid-February 2025.

39. Following consultation, the Governing Body and the local board will make decisions on the Annual Plan 2025/2026 and local board agreements respectively in June 2025.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Phoebe Peguero - Senior Advisor Operations and Policy

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Auckland Council's Performance Report: Upper Harbour Local Board for quarter one 2024/2025

File No.: CP2024/17449

Te take mō te pūrongo

Purpose of the report

1. To provide the Upper Harbour Local Board with an integrated performance report for quarter one, 1 July – 30 September 2024.

2. To approve an allocation for the Young Enterprise Scheme (YES) and associated budget of $2,000 into the 2024/2025 work programme.

Whakarāpopototanga matua

Executive summary

3. This report provides a retrospective overview of the financial and non-financial performance of Auckland Council against the agreed 2024/2025 Upper Harbour Local Board work programmes for the period beginning 1 July – 30 September 2024 – quarter one.

4. The key activity updates from this period are:

· Activation of community led venue partners Upper Harbour (Activity ID 404) – Albany Community Hub, Meadowood Community House, Sunderland Lounge – Te Rere and Headquarters – Te Mahere have all provided an update for quarter one as outlined in Attachment D of this agenda report

· Maori Responsiveness Upper Harbour (Activity ID 403) - A whakawātea / blessing ceremony was held on 12 July with Ngāti Manuhiri Settlement Trust for Te Haa Kai Araara, which is a tūpuna pou / public art piece placed on Library Lane, Albany Village.

Te Kawerau a Maki was also present at the ceremony to celebrate their shared ancestor and share stories of historic ties with the area and Ngāti Manuhiri

· Connected and Resilient Communities Whenuapai (Activity ID 402) - The first official Whenuapai Area Community Emergency Readiness Network (WACERN) was a success with 16 people representing 10 different stakeholders

· Construction Waste Education and Leadership Upper Harbour (Activity ID 1441) - Regular proactive monitoring resulted in 67 site visits, eight site visits to larger sites, four illegal dumping incidents reported and seven referrals to compliance

· Governance capacity building for community organisations - Upper Harbour (Activity ID 4013) - governance training with the Upper Waitematā Ecology Network (UWEN) successfully completed

· Upper Harbour install modular pump track – Activity ID 30234 – The pump track has been ordered and is expected to be installed at Glen Bay Close in December 2024 – January 2025

· Upper Harbour renew park play spaces (Activity ID 30456) – Albany Lakes footpath renewal and Herald Island Domain footpath renewal commenced and scheduled to be completed October 2024.

5. All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). There are no activities with a red status.

6. The financial performance report compared to budget 2024/2025 is outlined in Attachment B.

7. Net operational financial performance was 11 per cent below budget for the three months ended September 2024. Revenue was above budget by 13 per cent for the year to date while operating expenditure was 7 percent below budget. Capital expenditure was approximately 50 percent above budget for the three months ended 30 September 2024.

8. The Customer and Community Services capex budget has been revised to incorporate delayed delivery or earlier commencement of individual projects or other changes that are of material value. The updated Customer and Community Services Capex work programme is outlined in Attachment C of the agenda report.

9. Funds were set aside for the Young Enterprise Scheme (YES) following the drafting of the 2024/2025 work programme. However, these were not included in the work programme when it was approved. This report provides the opportunity for the local board to approve the Young Enterprise Scheme (UH) (Activity ID 1271) and associated budget of $2,000 into the 2024/2025 work programme.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi / receive the performance report for quarter one of 2024/2025 ending 30 September 2024 as outlined in Attachment A to the agenda report.

b) whiwhi / receive the financial performance report for quarter one of 2024/2025 ending 30 September 2024 as outlined in Attachment B to the agenda report.

c) tuhi ā taipitopito note that the updated Customer and Community Services Capex work programme outlined in Attachment C to the agenda report.

d) whakaae / approve Young Enterprise Scheme UH (Activity ID 1271) and associated budget of $2,000 into the 2024/2025 work programme from unallocated locally driven initiatives (LDI) operational budget.

Horopaki

Context

10. The Upper Harbour Local Board has an approved 2024/2025 work programme for the following operating departments:

· Customer and Community Services

· Local Environmental

· Auckland Emergency Management

· Local Governance.

11. Since the approval of the work programmes, Council has undergone a restructure, resulting in changes to directorates and departments. These have been updated in the work programmes and the changes are outlined in the table below.

Table 1: Changes to departments and units in work programmes

Previous department / unit in work programme	Current department / unit in work programme
CCS: Active Communities – Activation	Community: Community Wellbeing - Activation
CCS: Active Communities – ECE Operations	Community: Pools & Leisure - ECE Operations
CCS: Active Communities – Leisure	Community: Pools & Leisure
CCS: Active Communities – Sport and Recreation	Community: Community Wellbeing - Sport and Recreation
CCS: Connected Communities – Arts, Culture & Heritage	Community: Community Wellbeing - Arts, Culture & Heritage
CCS: Connected Communities – Community Delivery	Community: Community Wellbeing - Community Delivery
CCS: CSI – The Southern Initiative	Community: Community Wellbeing - The Southern Initiative
CCS: CSI – The Western Initiative	Community: Community Wellbeing - The Western Initiative
CCS: CSI – Youth Empowerment	Community: Community Wellbeing - Youth Empowerment
CCS: Grants	Group Finance: Grants and Incentives
CCS: PCF – Community Leases	Community: Parks and Community Facilities - Community Leases
CCS: PCF – Operations	Community: Parks and Community Facilities - Operations
CCS: PCF – Project Delivery	Community: Parks and Community Facilities - Project Delivery
CCS: PCF – Property and Commercial	Community: Parks and Community Facilities - Property and Commercial
CCS: PCF – Specialist Operations	Community: Parks and Community Facilities - Specialist Operations
CCS: PCF – Te Waka Tai-ranga-whenua	Community: Parks and Community Facilities - Te Waka Tai-ranga-whenua
CCS: RSS – Events	Community: Community Wellbeing - Events
CCS: RSS – Māori Outcomes	Community: Community Wellbeing - Māori Outcomes
CCS: RSS – Service and Asset Planning	Policy, Planning & Governance: Policy - Service and Asset Planning
CCS: RSS – Service Strategy and Partnerships	Group Strategy & CEs Office: Service Strategy and Partnerships
CPO: Plans and Places	Policy, Planning & Governance: Planning & Resource Consents - Planning
GOV: Auckland Emergency Management	Resilience & Infrastructure: Auckland Emergency Management
GOV: Local Board Services	Policy, Planning & Governance: Governance - Local
GOV: External Partnerships	Group Strategy & CEs Office: External Partnerships
I&ES: Environmental Services – Natural Environment Delivery	Community: Environmental Services - Natural Environment Delivery
I&ES: Environmental Services – Natural Environment Design	Community: Environmental Services - Natural Environment Design
I&ES: Environmental Services – Sustainability Initiatives	Community: Environmental Services - Sustainability Initiatives
I&ES: Healthy Waters	Resilience & Infrastructure: Healthy Waters & Flood Resilience
I&ES: Resilient Land & Coasts	Resilience & Infrastructure: Engineering Assets & Technical Advisory
I&ES: Waste Solutions	Resilience & Infrastructure: Waste Solutions

12. The graph below shows how the work programme activities meet the Upper Harbour Local Board Plan 2023 outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

13. The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

Graph 2: Work programme by RAG status

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

Graph 3: Work programme by activity status and department

Key activity updates

15. The key achievements in the delivery of the local board work programmes for 2024/2025 during quarter one include:

· Governance capacity building for community organisations - Upper Harbour (Activity ID 4013) - governance training with the Upper Waitematā Ecology Network (UWEN) successfully completed

· Upper Harbour install modular pump track – Activity ID 30234 – The pump track has been ordered and is expected to be installed at Glen Bay Close in December 2024 – January 2025

· Upper Harbour renew park play spaces (Activity ID 30456) – Albany Lakes footpath renewal and Herald Island Domain footpath renewal commenced and scheduled to be completed October 2024.

Activities with some issues currently being managed

Ethnic Peoples Plan (Activity ID 4015)

16. In the 2023/2024 financial year the local board approved a new project and associated funding to develop and implement in collaboration with community and key stakeholders an Upper Harbour Ethnic Peoples Plan to inform how the local board support their diverse communities to achieve their goals and aspirations.

17. The Asian Network Incorporated (TANI) has been carrying out the first phase of this work however due to initial low participation additional efforts are being made through community outreach to increase engagement.

18. Funding for the 2024/2025 financial year has been approved to carry our phase two of this work however this is not expected to be implemented until phase one is completed.

19. This project has been reported with the RAG status Amber to acknowledge there is potential risk for this year’s funding allocation being unspent. Some mitigation has been put in place including strengthening grass roots engagement, a funding review and early identification of programme activity in response to emerging ethnic community needs.

20. Further updates and options for this project are expected to be reported in quarter two.

Changes to the local board work programme

Activities merged with other activities for delivery

21. These activities have been merged with other activities for efficient delivery:

· Activity ID: 1501: Upper Harbour Library Services has been merged with Activity ID: 35963 Albany Library Service Provision.

Activities with changes

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

Table 2: Minor change to the local board work programmes

ID/Ref	Activity Name	Change	Reason for change
30718	Hooton Reserve renew western carpark	Add project to Risk Adjusted Programme (RAP)	Allow work for investigation and design to be brought forward.
35963	Albany library service provision	Additional operational funding of $20,000 allocated to this project	Cost estimate for the delivery of a spatial plan for the new library was higher than anticipated. The additional funding covers the shortfall. There was no impact to any other projects as the local board had unallocated operational funding still to be allocated to projects.
46545	Fernhill Escarpment Stage Two renew walkway	Reallocation of $165,000 from this project to Activity ID 45727 (Upper Harbour - Storm Capex Damage - Renewals)	The reallocation of the funding from Activity ID 46545 to Activity ID 45727 addresses the budget shortfall for Fernhill Escarpment Track - R66 Bush Road component of the Upper Harbour Capex Damage renewal project.
30456	Upper Harbour – renew park play spaces 2021/2022+	Reallocation of $170,000 from this project to Activity ID 45727 (Upper Harbour - Storm Capex Damage - Renewals)	The reallocation of the funding from Activity ID 430456 to Activity ID 45727 addresses the budget shortfall for Paremoremo Scenic Reserve component of the Upper Harbour Capex Damage renewal project.
40012	Upper Harbour – renew furniture and fixture	Minor amendment to approved further Local Board decision points to “local board to provide views via memo prior to implementation” in the work programme	The current local board workshop schedule is at capacity for the first half of 2025. This minor amendment supported by the local board removes the requirement to seek views at a workshop but rather via memo which removing the risk of delays to the project.
27896	Upper Harbour – install wayfinding signage	Minor amendment to approved further Local Board decision points to “local board to provide views via memo prior to implementation” in the work programme	The current local board workshop schedule is at capacity for the first half of 2025. This minor amendment supported by the local board removes the requirement to seek views at a workshop but rather via memo which removing the risk of delays to the project.
30460	Upper Harbour – renew park and reserve signage	Minor amendment to approved further Local Board decision points to “local board to provide views via memo prior to implementation” in the work programme	The current local board workshop schedule is at capacity for the first half of 2025. This minor amendment supported by the local board removes the requirement to seek views at a workshop but rather via memo which removing the risk of delays to the project.
42279	Upper Harbour – install park seating and tables in reserve	Minor amendment to approved further Local Board decision points to “local board to provide views via memo prior to implementation” in the work programme	The current local board workshop schedule is at capacity for the first half of 2025. This minor amendment supported by the local board removes the requirement to seek views at a workshop but rather via memo which removing the risk of delays to the project.

Young Enterprise Scheme (YES)

23. The Upper Harbour Local Board has previously funded the Young Enterprise Scheme UH (Activity ID 1271) in previous years.

24. Funds were set aside for the Young Enterprise Scheme (YES) following the drafting of the 2024/2025 work programme. However, these were not included in the work programme when it was approved.

25. The YES events are delivered by the Auckland Business Chamber on behalf of the Young Enterprise Trust. The responsibility within the Council for the Young Enterprise Scheme (YES) currently sits with the Auckland Council Grants team.

26. The proposed budget for the Young Enterprise Scheme UH (Activity ID 1271) is $2,000 of the boards locally driven initiatives (LDI) operational budget. This amount remains unallocated and can be accommodated from within the local board’s total budget for 2024/2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

28. Work programmes were approved in June 2024 and delivery is underway. Should significant changes to any projects be required, climate change impacts will be assessed as part of the relevant reporting requirements. Any changes to the timing of approved projects are unlikely to result in changes to emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29. When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.

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

Local impacts and local board views

30. This report informs the Upper Harbour Local Board of the performance for ending 30 September 2024.

Tauākī whakaaweawe Māori

Māori impact statement

31. The Upper Harbour Local Board work programmes contain a number of activities aimed at delivering outcomes for Māori in the 2024/2025 financial year.

32. Highlights for the reporting period include:

· Te Ohu o Onekiritea continued to work in partnership with Te Kawerau a Maki, supporting rangatahi in Hobsonville and Scott Point schools to learn about and share purakau with their whanau and the wider community. This partnership led to an early morning "feeding the stars" ceremony to mark Matariki, followed by kai at Hobsonville Point Secondary School. Te Ohu o Onekiritea anticipates further story telling on Te Kawerau a Maki whenua, including through Art Point in Q2.

· A whakawātea / blessing ceremony was held on 12 July with Ngāti Manuhiri Settlement Trust for Te Haa Kai Araara, which is a tūpuna pou / public art piece placed on Library Lane, Albany Village. Te Kawerau a Maki was also present at the ceremony to celebrate their shared ancestor and share stories of historic ties with the area and Ngāti Manuhiri.

· A deputation to a business meeting is scheduled for Q2 to enable Ngāti Manuhiri to share more of the story of Te Haa, including the links with Albany and Aotea Great Barrier.

Ngā ritenga ā-pūtea

Financial implications

33. This report is provided to enable the Upper Harbour Local Board to monitor the organisation’s progress and performance in delivering the 2024/2025 work programmes.

34. The proposed budget for the Young Enterprise Scheme UH (Activity ID 1271) is $2,000 and can be funded from the local board’s available locally driven initiatives (LDI) operational budget 2024/2025.

Financial Performance

35. Operating expenditure of $5 million was 7 per cent below budget, with underspend on both Locally Driven Initiatives and Asset Based Services.

36. Locally Driven Initiatives (LDI) operating expenditure was under budget by $142,000. Many projects have yet to commence in the first quarter, compared to the anticipated timing used to spread budgets throughout the year.

37. Asset Based Services (ABS) operating expenditure was $244,000 below budget. This was primarily due to the phased allocation of $350,000 in funding for increased library services in Albany, which was offset by higher staff costs of $100,000 at the facilities, driven by staff shortages and the resulting increase in overtime and casual staff expenses.

38. Operating revenue of $1 million was $119,000 above budget, primarily due to higher revenue on aquatics and fitness at the Albany Stadium Pool.

39. Capital expenditure totalled $2.5 million, exceeding the budget by $821,000. The capital program is currently ahead of schedule, largely due to the local asset renewals program and general park development initiatives.

40. The financial report for the three months ended 30 September 2024 for the Upper Harbour Local Board is outlined in Attachment B to this report.

Revised Capex Budget

41. Capex budgets are revised to reflect changes in timing of delivery for individual projects.

42. Projects that were still in progress at 30 June 2024 have had their remaining required budget carried forward to the current or future financial years to fund the remaining works.

43. If a multi-year capital project was completed earlier than anticipated, the budget is reduced or brought forward to 30 June 2024 to reflect early completion.

44. Consideration is also given to the status of current capital projects and where required budgets are rephased in whole or part to outer years to reflect current timelines for delivery.

45. The net budgetary impact of these changes is reflected in the revised budget for the board.

46. The Customer and Community Services Capex work programme financial allocations have been updated in accordance with the carry forwards as outlined in Attachment C to this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47. While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.

Ngā koringa ā-muri

Next steps

48. The local board will receive the next performance update for quarter two (October - December 2024), at the February business meeting.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Upper Harbour Local Board performance report quarter one 2024/2025	133
b ⇩	Upper Harbour Local Board financial performance report quarter one 2024/2025	159
c ⇩	Upper Harbour Local Board Customer and Community Services Capex work programme 20242025	165
d ⇩	Upper Harbour Community-led venue partners update quarter one 2024/2025	177

Ngā kaihaina

Signatories

Author	Heather Skinner - Senior Local Board Advisor
Authorisers	Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

05 December 2024

Initiation Report: Ngā Tikanga Hopu Wakaahua i te Rohe o Tāmaki Makaurau - Auckland Film Protocol

File No.: CP2024/18456

Te take mō te pūrongo

Purpose of the report

1. To provide a project initiation briefing to local boards on the Auckland Film Protocol Refresh, including the approach to engagement.

Whakarāpopototanga matua

Executive summary

2. The Auckland Film Protocol outlines the commitments, conditions and guidelines for filming in Tāmaki Makaurau. The objective of the Auckland Film Protocol is to create a film-friendly culture within Auckland Council, council-controlled organisations, and Tāmaki Makaurau to support, attract and retain screen production business. It provides a one-stop shop and a comprehensive reference document for filming in Tāmaki Makaurau, including all the information needed to understand the requirements for filming and meet the needs of several audiences.

3. The refresh commenced in September 2024 and will take approximately 12 months to complete. Screen Auckland will seek final approval of the refreshed protocol from the Policy and Planning Committee in July 2025. Local board views will inform any recommended changes when committee considers approving refreshed Auckland Film Protocol.

4. The refresh does not seek to change the requirements for filming. It will focus on outdated or missing information, including any new requirements, and identify opportunities for streamlining the document to clarify responsibilities and commitments.

5. Given the short timeframe for the refresh and budget constraints, Screen Auckland is seeking to engage with local boards in clusters rather than individually. This approach will provide sufficient opportunity for input recognising the limited scope of the refresh.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) whiwhi /receive the initiation report on the Auckland Film Protocol Refresh

b) whakarite / provide any views on the engagement plan, including a local board cluster approach.

Horopaki

Context

Purpose of Auckland Film Protocol

6. Originally developed in 2013 and revised in 2019, the objective of the Auckland Film Protocol is to create a film-friendly culture within Auckland Council, council-controlled organisations, and Tāmaki Makaurau to support, attract and retain screen production business. It provides a one-stop shop and a comprehensive reference document for filming in Tāmaki Makaurau, including all the information needed to understand the requirements for filming and meet the needs of several audiences. The Auckland Film Protocol outlines the commitments, conditions and guidelines for filming in Tāmaki Makaurau.

7. A key role of the Auckland Film Protocol is to set out the rules for filming in public places supporting the film permit requirements established under Te Ture ā-Rohe Tauhokohoko Whakahaerenga me te Tango Kiriata Tūmatanui - Public Trading, Events and Filming Bylaw, which was updated in 2022. A total of 687 film permits were issued in 2022/2023 and 631 in 2023/2024.

8. Screen Auckland, as part of Tātaki Auckland Unlimited, operates as Auckland’s Regional Film Office supporting New Zealand’s film industry and administers the film permit process to enable filming in public places. Screen Auckland is responsible for the Auckland Film Protocol and will lead the refresh.

Tātaritanga me ngā tohutohu

Analysis and advice

Reasons for refresh

9. When the current Auckland Film Protocol was adopted in 2019, it was agreed to review it at least every five years to ensure it remains up to date with relevant policies and regulations.

10. A refresh is required to incorporate new processes around consultation and permitting that have emerged from collaborative work with mana whenua and the screen industry around filming on Sites and Places of Significance to Mana Whenua.

11. The refresh will involve stakeholder engagement and buy-in to support the aspirations of the Auckland Film Industry. Engagement will be undertaken with the screen industry, iwi and hapū, wider Auckland Council whānau and the public.

12. A timeframe of 12 months is identified for the refresh, which commenced in September 2024. Engagement with local boards is required as part of the refresh because the Auckland Film Protocol guides filming in public places. Local boards decide on landowner approvals for filming in public places.

13. The Auckland Film Protocol was last reviewed in 2017/2018 with a focus on updating the content and style as well as strategic requirements. The current refresh does not seek to change the requirements for filming which are working well. It will focus on outdated or missing information, including any new requirements, and identify opportunities for streamlining the document to clarify responsibilities and commitments.

14. Refreshing the document will address the following matters:

· clarify purpose and objectives

· streamline the document (e.g. translating content into diagrams or flow charts)

· remove or update outdated information

· provide clear language and reduce detail

· strengthen Māori lens to include Māori outcomes and Sites and Places of Significance to Mana Whenua

· reflect recent policy or regulatory changes.

15. The refresh will not alter the current film permit process, including local board engagement and landowner approval requirements.

16. In addition, the following matters are identified as out of scope for the refresh because they have been considered through different processes or formed part of the previous review:

· overall purpose of the document

· requirement to obtain film permits under the bylaw

· Tūpuna Maunga Authority film permit process

· film permit fees

· the requirements for filming

· the process for filming on Sites and Places of Significance

· international and national comparators review

· alterations to council bylaws, policies and plans.

Timeline and approach to engagement

17. The refresh commenced in September 2024 and will take approximately 12 months. Table 1 outlines the key milestones and indicative timing of engagement.

Table 1 Auckland Film Protocol Refresh Engagement Milestones

Milestones	Indicative timing
Engage with key internal and external stakeholders to inform the refresh	September – November 2024
Brief the Policy and Planning Committee and local boards of the refresh	November - December 2024
Workshops and report to Policy and Planning Committee for approval of documentation for public consultation	February 2025
Consult with public and key stakeholders	February – April 2005
Report back to local boards	May – June 2025
Report back to Policy and Planning Committee	July 2025
Close the loop – communicate the outcomes of the refresh and promote the refreshed Auckland Film Protocol	August 2025
Evaluate	August 2025

18. Engagement will utilise a range of methodologies to ensure opportunity for input from key stakeholders and the public. An engagement plan is being prepared by Tātaki Auckland Unlimited.

19. A survey went out in early October 2024 to those who have applied for a film permit in the last two years, seeking feedback on how the Auckland Film Protocol is used and what’s working and what’s not working. An update on the responses to this survey will be provided at the initiation meeting. Screen Auckland intends to go out for public consultation in February 2025.

Local board engagement approach

20. Given the short timeframe for the refresh and budget constraints, Screen Auckland is seeking to engage with local boards in clusters rather than individually. This approach will provide sufficient opportunity for input recognising the limited scope of the refresh. The previous review required engagement with each of the 21 local boards, including workshops and meetings, significantly adding to the time and costs of the project.

21. Screen Auckland is in the initial phase of the refresh, seeking feedback from internal stakeholders on what information needs to be updated. Screen Auckland is providing an update to local boards on the refresh content and process prior to the public consultation phase. Local board feedback will be sought on recommended amendments prior to seeking approval from the Policy and Planning Committee to adopt the refreshed protocol in July 2025.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. The New Zealand screen sector recognises its role in addressing climate change, with Screen Auckland serving as a vital connector, focusing on strategy development, implementation tools and practical steps for the sector.

23. Following a study by Arup in 2022 on New Zealand’s baseline emissions of the screen sector, the sector embraces a vision that aligns with te ao Māori worldview for a sustainable, low-carbon future. This commitment extends beyond local environmental stewardship to international production competitiveness, as the sector implements six key recommendations ranging from purposeful climate action to developing a detailed carbon reduction roadmap and maintaining robust data collection systems.

24. Refreshing the Auckland Film Protocol will provide an opportunity to address any potential policy gaps in the current framework and integrate Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan priorities for climate change mitigation and adaptation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25. Staff from the following business units and council-controlled organisations will be engaged through the refresh to ensure they are aware of the impact of the Auckland Film Protocol and have the opportunity to input:

· Planning and Resource Consents (including Heritage)

· Building Consents

· Environmental Services

· Parks and Community Facilities (including Co-governance and Tūpuna Maunga Authority)

· Regulatory Practice (bylaws)

· Auckland Transport (including Harbourmaster)

· Eke Panuku Development Auckland

· Screen Auckland.

26. Initial contact has been made with some of these business units with engagement progressing through October and November 2024.

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

Local impacts and local board views

27. The Auckland Film Protocol outlines the code of conduct that enables filming in public places. A core commitment of the document is that Auckland Council and members of the wider council organisation will say yes to filming unless there are good reasons not to.

28. Local boards decide on landowner approvals for filming in public places. Authority to grant film permits under the Public Trading, Events and Filming Bylaw is delegated to Screen Auckland.

29. Once approved, a film permit grants use of a public place to an agreed level of access. Continued public access, to the extent that is possible and reasonable, while filming is underway is required. Screen Auckland acts as the ‘go-between’ for production companies and the local boards to obtain landowner approvals.

30. A survey of Auckland Council’s People’s Panel in June 2023 indicates the Auckland Film Protocol is working well:

· 87 per cent agreed filming creates job opportunities

· 81 per cent agreed it’s good for tourism

· Seven out of 10 (70 per cent) would like more professional film productions in Auckland

· 85 per cent of those who encountered filming were either not impacted or positively impacted by the most recent filming encountered

· For those negatively impacted, common pain points were limited access to a public area (46 per cent), road closures/having to use alternative route (44 per cent), and parking being blocked (43 per cent)

· Comments for reducing negative impacts included improved signage, more notice, and taking up less parking

· Residents identified that they would like to be contacted with information on days/times the production will be there (91 per cent), contact details if there are any issues (76 per cent), what impacts to expect (76 per cent).

Tauākī whakaaweawe Māori

Māori impact statement

31. Refreshing the Auckland Film Protocol will provide an opportunity to:

· strengthen the Māori lens to reflect mana whenua consultation requirements

· incorporate the new film permit process developed for filming on Sites and Places of Significance to Mana Whenua.

32. Engagement with mana whenua will continue in the collaborative manner undertaken to develop Proposed Plan Change 106 Filming on Sites and Places of Significance to Mana Whenua notified on 26 September 2024. Through engagement on the plan change, a new process has been established for consultation with mana whenua for film permit applications, with supporting email templates to notify mana whenua of all filming activities and require engagement on certain filming activities. Further refinement of the specific film permit process for Sites and Places of Significance will be an outcome of this refresh.

33. Many Māori are involved in the screen industry both in front and behind the camera, and the film industry provide opportunities for Māori to share their stories both locally and internationally. Engagement with the screen industry will include Ngā Aho Whakaari Māori in Screen.

34. Screen Auckland has been working with Te Kawerau ā Maki to develop a cultural competency course as a pilot programme to support Māori location/production managers in engaging with local iwi and hapū. This course helps to support better outcomes for mana whenua by ensuring that appropriate tikanga is followed.

Ngā ritenga ā-pūtea

Financial implications

35. The refresh will be undertaken within current budgets and includes budget for a consultant to assist in the refresh including engagement.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36. Potential risks and mitigations are outlined below:

If…

Then…

Level

Possible mitigations

Engagement focus takes a long time

Increases the timeframe for completing the project

Likelihood rating is unlikely

Moderate

· a well-developed approach including indicative timeframe goals that are articulated to all parties

· remain flexible in approach due to nature of engagement

Stakeholders do not agree with the merits and/or timing of a refresh

Scope of the refresh increases requiring more time, engagement and resources to complete the project

Likelihood rating is possible

Moderate

· a well-developed vision proposition and communications planning

· a clear stakeholder engagement plan

· be clear on scope and deliverables

· important that a change process is followed with all required approvals

Ngā koringa ā-muri

Next steps

37. Screen Auckland will attend a local board briefing in December 2024. A draft document will be taken to Policy and Planning Committee for approval prior to going out for public consultation. Local boards will be engaged to provide formal feedback on any changes to the film protocol before final approval by the Policy and Planning Committee in July 2025.

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Attachments

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Signatories

Author

Marie Jenkins – Project Manager, Screen Auckland

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

[1] Evidence could include information provided in the request and from site visits and readily available data and insights from specialised teams across council including Animal Management, Natural Environment, Parks and Community Facilities, Environmental Services and Regional Services and Strategy.

[2] While not everyone may agree with a rule, a local dog access rule is only made after public consultation. This means unless there is a structural problem, there is no need to review the rule.

[3] In particular s10(8) Dog Control Act 1996, s83 and s87 Local Government Act 2002

Chairperson	Anna Atkinson
Deputy Chairperson	Uzra Casuri Balouch, JP
Members	Callum Blair	Kyle Parker
	John Mclean	Sylvia Yang

Authors	Max Wilde - Democracy Advisor (Upper Harbour Local Board)
Authorisers	Lesley Jenkins - Local Area Manager