Agenda of Hibiscus and Bays Local Board - Tuesday, 10 December 2024

1 Nau mai | Welcome

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 Hibiscus and Bays Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday 26 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 Hibiscus and Bays 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 Deputation - Long Bay Chinese Association

Te take mō te pūrongo

Purpose of the report

1. Frank Sun has requested a deputation to update the local board on their activities.

2. A presentation has been provided and is included as Attachment A to the agenda report.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) whakamihi / thank Frank Sun for his presentation and attendance at the meeting.

Attachments

a Long Bay Chinese Association presentation................................................. 67

8.2 Deputation - Friends of Okura Bush

Te take mō te pūrongo

Purpose of the report

1. Chris Bettany has requested a deputation to update the local board on their activities and future plans.

2. A presentation has been provided and is included as Attachment A to the agenda report.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) whakamihi / thank Chris Bettany for her presentation and attendance at the meeting.

Attachments

a Friends of Okura Bush presentation.............................................................. 73

8.3 Deputation - Silverdale United Rugby and Sports Club

Te take mō te pūrongo

Purpose of the report

1. Glenn Dunn-Parrant, Bill Hale and Nikki Shadbolt have requested a deputation to update the local board on their future plans.

2. A presentation has been provided and is included as Attachment A to the agenda report.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) whakamihi / thank Glenn Dunn-Parrant, Bill Hale and Nikki Shadbolt for their presentation and attendance at the meeting.

Attachments

a Silverdale United Rugby and Sports Club presentation................................ 91

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.”

Hibiscus and Bays Local Board

10 December 2024

Proposed policy refresh: Business Improvement District (BID) Policy (2022)

File No.: CP2024/17741

Te take mō te pūrongo

Purpose of the report

1. To provide 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 Business Improvement District programmes ongoing development accountability and governance. The refresh process will not include a review of these roles or resources.

3. 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. Business Improvement District operating business associations sign a three-year targeted rate grant agreement which requires compliance with the Auckland Council Business Improvement District Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) and is included as Attachment A to the agenda report.

5. Staff are proposing changes to the Business Improvement District Policy (2022) 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 included as Attachment B to the agenda report.

6. Key stakeholders including local boards, 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 Hibiscus and Bays Local Board:

a) whakarite / provide feedback on the proposed changes to the Business Improvement District Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi).

Horopaki

Context

Overview of the Auckland Business Improvement District (BID) programme

8. Business Improvement District 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.

Auckland Council Business Improvement District Policy (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 (Attachment A)

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. Business Improvement District 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.

Business Improvement District Targeted Rate

17. Business Improvement District 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 as part of the income and expenditure budget for the following financial year.

19. Business Improvement District 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 BID Policy (2022) 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 BID 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 BID 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 BID 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 BID 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 BID 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 Māngere 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 BID Policy (2022) 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.

Business Improvement District 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 BID Policy 2022 is included as Attachment B. 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 2025 BID Policy 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 (2022), annual compliance requirements reporting, and as noted, complex governance and management issues.

46. The aim of the refresh is to:

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

b) 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 proposed changes proposed for BID Policy (2025) are set out in Table 1.

Table 1 - Key changes made to 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-compliance 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 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.

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, 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 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 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 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 BID Policy (2022) and appendix documents.

59. The BID Policy 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, BID Policy (2025) 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 the agenda report details the stakeholders which the refresh will engage with.

63. Following formal feedback received from local boards, council-controlled organisations, BID-operating business associations, non-BID business associations, council departments, other external stakeholders, and those with an interest in BID programmes, the proposed BID Policy (2025) and appendix documents will be put before the Policy and Governing Body in April 2025 for approval.

64. The BID Policy (2025), if approved by the Governing Body, would become operational on 1 July 2025.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Business Improvement District Policy (2022) (Under Separate Cover)
b ⇨	Changes between current Business Improvement District Policy and proposed BID Policy 2025 (Under Separate Cover)
c ⇨	Stakeholder Engagement Programme (Under Separate Cover)

Ngā kaihaina

Signatories

Author

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

Hibiscus and Bays Local Board

10 December 2024

Request for change to local dog access rule

File No.: CP2024/19237

Te take mō te pūrongo

Purpose of the report

1. To decide 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 (Attachment A to the agenda 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 Hibiscus and Bays Local Board:

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

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

c) whai / adopt the Statement of Proposal included as Attachment A to the 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 to the 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) whakaae / agree to attend relevant ‘Have Your Say’ events, deliberate and make decisions on public feedback to the proposal in Attachment A of the agenda report.

f) tautapa / 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 local board members is not necessary (for example, an informal ‘drop-in’ session)

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

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

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 the agenda 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 (Attachment C to the agenda report). 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) 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.

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.

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

26. Staff have prepared a Statement of Proposal in Attachment A 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 attend ‘Have Your Say’ events as appropriate, deliberate and make decisions 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 local board members 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.

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 (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.

2024 1st -3rd Quarters

, 2025 2nd Quarter,2024 4th Quarter,2025 1st Quarter

Panel deliberates

Final decision by local board

Local Board adopts proposal for public consultation and appoints Panel. Public consultation (minimum four weeks) online feedback and Have Your Say events

Findings and options assessment, drafting proposal

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 (Under Separate Cover)
b ⇨	Assessment of dog access rule change requests against regulatory criteria (Under Separate Cover)
c ⇨	Regulatory criteria related to local dog access rule change requests (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Nancy Chu - Principal Policy Analyst

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Louise Mason - General Manager Policy

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

10 December 2024

Annual Budget 2025/2026 - local board consultation content

File No.: CP2024/19148

Te take mō te pūrongo

Purpose of the report

1. To approve the 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 – 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 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 Hibiscus and Bays Local Board:

a) whakaae / approve local consultation document content (Attachment A to the agenda report) and local supporting information content (Attachment B to the agenda report) 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 Hibiscus and Bays Local Board for the Annual Plan 2025/2026.

c) whakaae / approve the following Have Your Say events in the local board area during the Annual Plan 2025/2026 consultation period:

i) drop-in session: Friday 14 March, 10:30am - 12.00pm, Whangaparāoa Library

ii) drop-in session: Saturday 22 March, 10:30am - 12.00pm, East Coast Bays Library.

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

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 chairperson

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

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

Horopaki

Context

6. 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.

7. 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.

8. 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).

9. 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.

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

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

12. 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

13. 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 (Attachments A and B to the agenda report respectively).

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

15. 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.

16. 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.

17. The Have Your Say events recommended to be held in the Hibiscus and Bays Local Board area are:

· drop-in session: Friday 14 March, 10:30am - 12.00pm, Whangaparāoa Library

· drop-in session: Saturday 22 March, 10:30am - 12.00pm, East Coast Bays Library

18. 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. Note that the proposed dates for the Have Your Say events will be checked with Ward Councillor/s to ensure they are able to attend.

19. 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 events, these will be provided to the local board chairperson for approval in line with the recommended delegation.

20. 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

21. 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.

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

23. 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

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

25. 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

26. Local board chairpersons 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.

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

28. 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

29. 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.

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

31. 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

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

33. 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

34. 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 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

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

36. 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 mid-February 2025.

37. 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

No.	Title	Page
a ⇩	Draft Hibiscus and Bays Local Board Consultation Document 2025-2026 Annual Budget Consultation	31
b ⇩	Draft Hibiscus and Bays Local Board Supporting Information 2025-2026 Annual Budget Consultation	33

Ngā kaihaina

Signatories

Author

Phoebe Peguero - Senior Advisor Operations and Policy

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

10 December 2024

Auckland Transport Kōkiri / Local Board Transport Agreement Quarterly Update - December 2024

File No.: CP2024/19077

Te take mō te pūrongo

Purpose of the report

1. To receive the December 2024 quarterly update on projects in the local board’s Kōkiri / Local Board Transport Agreement 2024-2025 (Kōkiri Agreement).

Whakarāpopototanga matua

Executive summary

2. The Kōkiri Agreement 2024-2025 is a 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 Hibiscus and Bays Local Board:

a) whiwhi / receive the December 2024 quarterly update on the Kōkiri / Local Board Transport Agreement 2024-2025.

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. Auckland Transport 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. Attachment A to the agenda report provides updates about all projects and programmes currently listed in this local board’s Kōkiri Agreement 2024-2025.This report also includes the following attachments:

· attachment B to the agenda report 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. Auckland Transport 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. Auckland Transport reviews the potential climate impacts of all projects and works hard to minimise carbon emissions. Auckland Transport’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. Auckland Transport 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. Auckland Transport receives local board feedback via regular engagement. Auckland Transport 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 local board endorsed the Kōkiri Agreement 2024-2025 at their 23 July 2024 business meeting. 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. Auckland Transport’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua in delivering effective and well-designed transport policy and solutions for Auckland. We also recognise mataawaka and their representative bodies and our desire to foster a relationship with them. This plan is available on the Auckland Transport website - https://at.govt.nz/about-us/transport-plans-strategies/maori-responsiveness-plan/#about

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 (LBTCF).

25. Updates about LBTCF 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	41
b ⇩	Road maintenance activities	47

Ngā kaihaina

Signatories

Author

Ben Stallworthy – Principal Advisor – Auckland Transport

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

10 December 2024

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

File No.: CP2024/18460

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. 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 the committee considers approving the 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 Hibiscus and Bays 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:

a) clarify purpose and objectives

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

c) remove or update outdated information

d) provide clear language and reduce detail

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

f) 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:

a) overall purpose of the document

b) requirement to obtain film permits under the bylaw

c) Tūpuna Maunga Authority film permit process

d) film permit fees

e) the requirements for filming

f) the process for filming on Sites and Places of Significance

g) international and national comparators review

h) 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:

a) 87 per cent agreed filming creates job opportunities

b) 81 per cent agreed it’s good for tourism

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

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

e) 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)

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

g) 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.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Marie Jenkins - Project Manager – Screen Auckland

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

10 December 2024

Chairperson's report

File No.: CP2024/19808

Te take mō te pūrongo

Purpose of the report

1. To receive the chairperson’s update on recent activities of the chairperson, itemised by outcomes in the Hibiscus and Bays Local Board Plan 2023.

Whakarāpopototanga matua

Executive summary

2. Items noted in this report are intended to be key highlights, not a full overview of all activity.

Our People

3. On 22 November 2024 the local board engagement advisor, myself and Members J Parfitt and J Law had a catch-up with Kereama and Trish Nathan at Te Herenga Waka o Orewa Marae. The marae is well underway with preparations as a community emergency hub with solar panels and storage containers in place. They will be preparing the containers with emergency provisions next and then they will be completely set up. The marae, in partnership with Restore Hibiscus and Bays was pleased to have a local grant provided for the removal of the abandoned boat below them in the Weiti River. On the same day, the local providers Tin Men who undertook the work, completed the removal. Now that it has been removed, the marae is looking to the next stage of work with riparian planting and water monitoring to help improve the health of the awa. The engagement advisor spent some time talking about our local board engagement plan and consultation on the Annual Plan coming up. The marae is eager to host a small engagement opportunity during the consultation next year.

Our Community

4. North Harbour Stadium and Domain Precinct Working Group – the chairpersons and deputies of the Hibiscus and Bays and Upper Harbour Local Boards (‘Steering Group’) have been tasked with co-leading a locally led working group to develop the way forward for North Harbour Stadium (as per the Budget Committee and Governing Body Long-term Plan resolutions). Updates since my October 2024 report include:

· in December 2024, there will be early notification to the market that there will be an Expression of Interest process posted on the Government Electronic Tender Service (GETS) for the operational management of North Harbour Stadium

· we were expecting and preparing to report to the Governing Body with an update in December 2024, however this has been delayed to February 2025 by the Chief Executive as the agenda is full with items that need to take priority

· on 25 November 2024 chairperson A Atkinson and I presented an update to the Local Board Members Forum to talk about this piece of work as an example of ‘more empowered local boards’.

5. Harcourts Cooper and Co. Harbour Sport Excellence Awards 2024 was celebrated on 22 November 2024 at North Harbour Stadium. I along with other North Shore local board chairpersons attended. It was great to see lots of local sporting legends, organisations, coaches and volunteers nominated or winning categories from our local board area.

6. Our relocatable pump track is now in Red Beach Park. On 16 November 2024, the Parks and Community Facilities team hosted a ‘Have Your Say’ event and BBQ to get feedback on bike riding and wheeled play options, which I attended. The pump track was very popular and there were lots of young people and parents participating in the consultation.

Our Environment

7. On 28 November 2024 I met with Adam Whatton, Senior Ranger and Supervisor Community, from the Department of Conservation (DoC). DoC will come to update our local board at a briefing session in 2025 when there is more substantial information to share as the Hauraki Gulf/ Tīkapa Moana Marine Protection Bill progresses through the House. Pending the passing of this Bill, there will be substantial changes as to how DoC operates within the marine space. The purpose of the initial discussion with Adam was for DoC to signal the department changes that are starting to happen with funding that is tied to the Bill. These are very positive improvements particularly for the Long Bay Okura Marine Reserve given that it is a key sentinel site and the unique pressures this Marine Reserve faces.

8. Restore Hibiscus and Bays had their end of year celebration on 16 November 2024 at Long Bay Regional Park. Members J Parfitt, G Walden and I were pleased to celebrate another big year of projects and support they’ve delivered and it was special to see them acknowledge a range of incredible volunteers who have put in a significant amount of work into a particular project.

9. Member J Law and I participated in ‘The Browns Bay Great Big Rescued Food Cook-off’ on 17 November 2024, run by EcoMatters, Love Food Hate Waste, Bays Work in Progress and Hibiscus Coast Zero Waste. Our team had a mystery bag of ingredients to create two dishes with, the purpose of which was to reinforce the notion of ‘use what you have’ and not to let food go to waste. Under Member J Law’s creative guidance, we were pleased to come second place!

Our Places and Our Economy

10. On 25 November 2024 Deputy Chairperson G Brown and I met with developers regarding the recent announcement from Watercare that all building consents in the district of the Army Bay Wastewater treatment plant won’t be able to connect to the wastewater system until 2034 (or 2031 at best). They are working constructively with Watercare to find a solution for their development, and to ascertain the ‘correct’ growth numbers. I am in touch with Watercare and as per my October 2024 report, we are awaiting confirmation of a timeslot to address the Watercare board to relay our concerns regarding how we got to this sudden situation and how we ensure that it doesn’t happen again.

11. On 14 November 2024 Auckland Transport (AT) staff, myself, Deputy Chairperson G Brown and members J Parfitt and V Short met on-site at, Glen Road Browns Bay. The purpose of this meeting was to look at safety improvements along the eastern side of the street as they are halting their proposed work on the western side of the street due to community and local board feedback. Improvements to the eastern side that we discussed included way-finding signage, improving sections of uneven footpaths and extending footpaths, and improving the current disabled car park spaced so they meet the current design standards. This work will likely result in the loss of two car parks. Auckland Transport will update people who responded to their original consultation soon when they complete the new design work.

12. The Local Area Manager and I had a discussion with staff from the Licensing and Compliance team on 15 November 2024 to talk more about issues we are seeing with Street Trading Licences being approved right next to reserves, that are inconsistent with our local board framework for assessing Landowner Approvals for Mobile Traders on Public Land. A few days later the Mayoral Proposal on the Annual Plan was released, which included a proposal to bring Street Trading processes in house, which would potentially resolve some of these inconsistency issues we are seeing.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) whiwhi / receive the chairperson’s update on recent activities of the chairperson, itemised by outcomes in the Hibiscus and Bays Local Board Plan 2023.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Alexis Poppelbaum – Chairperson
Authoriser	Lesley Jenkins - Local Area Manager

No.	Title	Page
a ⇩	Hōtaka Kaupapa – Policy Schedule for December 2024	61

[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	Alexis Poppelbaum, JP
Deputy Chairperson	Gary Brown
Members	Jake Law
	Sam Mills, JP
	Julia Parfitt, JP
	Victoria Short
	Gregg Walden
	Leanne Willis

Author	Louise Healy - Democracy Advisor
Authoriser	Lesley Jenkins - Local Area Manager