Agenda of Waiheke Local Board - Wednesday, 11 December 2024

1 Nau mai | Welcome

The meeting will be opened 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 Waiheke Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Wednesday, 27 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 Waiheke 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.

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

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.

Public forum requests will be considered at the meeting.

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.”

11 Ngā Pānui mō ngā Mōtini | Notices of Motion

In accordance with Waiheke Local Board Standing Order 2.5.1 a Notice of Motion has been received from Member R Tucker and will be considered for under item 13.

No.	Title	Page
a ⇩	Notice of Motion - Fireworks	11

Waiheke Local Board

11 December 2024

Local board input to Auckland Council’s submission to the Justice Select Committee on the Principles of the Treaty of Waitangi Bill

File No.: CP2024/19759

Te take mō te pūrongo

Purpose of the report

1. To invite input from local boards to an Auckland Council submission to the Justice Select Committee on the Principles of the Treaty of Waitangi Bill

Whakarāpopototanga matua

Executive summary

Timeline

2. At the 14 November 2024 Policy and Planning Committee meeting, council staff were asked to investigate opportunities to develop an Auckland Council submission on the Principles of the Treaty of Waitangi Bill (the Bill).

3. On 29 November 2024 a memo was circulated to all local board members providing an initial introduction to the Bill and outlining opportunities for local board involvement (Attachment A)

4. A report will be taken to the 12 December 2024 Policy and Planning committee meeting setting out the proposed key elements of the submission and seeking a delegation to approve the council’s submission.

5. Feedback from local boards is due 12 December 2024. Please note that due to tight timeframes this may not align with scheduled local board business meetings and any input from local boards may need to either be delegated or utilise the urgent decision process.

The Principles of the Treaty of Waitangi Bill

6. The purpose of the Bill is to set out the principles of the Treaty of Waitangi in legislation and to require that those principles must be used when interpreting legislation.

7. There has been considerable commentary from Treaty and legal experts that the Bill and its defined principles do not reflect the texts or meaning of Te Tiriti o Waitangi / the Treaty of Waitangi and the exchange of promises agreed to by the Crown and Rangatira.

Treaty of Waitangi Principles

8. The principles developed by the Courts and the Waitangi Tribunal have been developed over time to reflect the spirit and intent of both texts of the Treaty and the mutual obligations and responsibilities of the parties, and to enable the Treaty to adapt to changing circumstances.

9. The current list of Treaty Principles is neither conclusive nor exhaustive and could vary over time.

Other matters

10. The Bill in its current form has not been informed by engagement with Māori.

11. Both the National and NZ First coalition government partners have indicated they will not support the Bill past the First Reading.

12. The Principles of the Treaty of Waitangi Bill can be found here:

https://bills.parliament.nz/v/Bill/227e6d0b-e632-42eb-cffe-08dcfeb826c6?Tab=history

13. Further information and summary documents on the Principles of the Treaty of Waitangi Bill can be found here:

https://www.justice.govt.nz/justice-sector-policy/key-initiatives/a-treaty-principles-bill/

Likely themes for Auckland Council submission

14. Council’s submission would recognise that the Bill is unlikely to receive the support needed to progress beyond its first reading.

15. It would provide a high-level summary of potential impacts to Auckland Council should the Bill be enacted.

16. The submission would outline council’s existing strategic framework which embeds and articulates council’s approach to delivering its Te Tiriti o Waitangi-based obligations. The submission would then outline the following high-level themes:

· advice on the bill with a focus on:

o procedural issues including:

§ development of the bill (lack of engagement with Māori).

§ timing of submission period.

· support for robust Crown engagement with mana whenua to maintain the Crown-Māori relationship

· support for a well-developed long-term national constitutional conversation on Te Tiriti o Waitangi (enabled through partnership with Māori)

· support for greater Crown resourcing and support for civic education to facilitate understanding of Te Tiriti o Waitangi and the development of a Te Tiriti o Waitangi education strategy

· stating the view that as local government is an integral part of New Zealand’s constitutional arrangements it should be engaged with on a wider constitutional conversation regarding Te Tiriti o Waitangi/The Treaty of Waitangi; and

· support for any conversation regarding New Zealand’s constitutional conversation arrangements to clarify the role of local government in relationship to Te Tiriti o Waitangi.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) provide feedback to be considered for incorporation into, and appending to, Auckland Council’s submission to the Justice Select Committee on the Principles of the Treaty of Waitangi Bill.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Memorandum - Auckland Council submission on Principles of the Treaty of Waitangi Bill dated 27 November 2024	17

Ngā kaihaina

Signatories

Author

Kat Ashmead - Senior Advisor Operations and Policy

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Janine Geddes – Acting Local Area Manager

Waiheke Local Board

11 December 2024

Proposal to amend Oneroa Town Centre alcohol ban and to revoke the 131-133 Ocean View Road alcohol ban

File No.: CP2024/17988

Te take mō te pūrongo

Purpose of the report

1. To seek a decision on whether to amend the at-all-times Oneroa Town Centre alcohol ban to include Waiheke Library’s new property boundaries and to revoke the 131-133 Ocean View Road night time alcohol ban that currently regulates this area.

Whakarāpopototanga matua

Executive summary

2. In 2014, land formerly known as 131-133 Ocean View Road was redeveloped to become part of the adjoining property as a community hub containing the Waiheke Library at a new 133 Ocean View Road (the Artworks complex). The land at the former 131-133 Ocean View Road has changed from an undeveloped residential style property into an extension to the Waiheke Library, a courtyard and an amphitheatre.

3. As a result of the redevelopment, the Artworks complex is regulated by two alcohol bans:

· a 24-hours a day, seven days a week (at-all-times) Oneroa Town Centre alcohol ban applies to the land that contained the Waiheke Library prior to the redevelopment

· a 10pm to 7am during daylight savings and 7pm to 7am outside daylight savings, seven days a week (night-time) alcohol ban applies to what was 131-133 Ocean View Road

4. The Oneroa Town Centre at-all-times alcohol ban was last confirmed in 2015 to address evidence of high levels of alcohol related crime or disorder in the town centre.

5. The redevelopment, has in effect, extended what is the Oneroa Town Centre area. However, incidents of alcohol-related disorder have been reported in the new courtyard during daylight hours that are unable to be responded to using the night-time alcohol ban.

6. A staff assessment of the evidence for the current town centre ban and the reports from council staff meets legislative and bylaw criteria for the local board to consider changes to the two current alcohol bans that apply to the redeveloped Artworks complex.

7. To enable a decision on whether to amend the current alcohol ban area, staff have identified and assessed two options against legislative and bylaw criteria:

· Option one (Status quo): No change to current alcohol ban area

· Option two (Revoke and Amend): Revoke the 131-133 Ocean View Road night-time alcohol ban and amend the Oneroa Town Centre at-all-times alcohol ban to include all of 133 Ocean View Road.

8. Staff recommend Option two. This approach retains the intent of the board’s 2015 decision to reduce alcohol-related harm in the Oneroa Town Centre and would be a justifiable and reasonable limitation on people’s rights and freedoms to drink responsibly in the area.

9. There is a low risk that the justification for amending the current at-all-times alcohol ban area will be challenged. This risk can be mitigated by clearly stating how the legislative criteria have been met and how the decision retains the intent of the current ban and is supported by the community.

10. If the local board adopts Option two, operational staff will install new alcohol ban signs, update the council’s website information and inform police and relevant staff of the decision.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) whakaae / agree there is historical evidence of a high level of crime or disorder in the Oneroa Town Centre (which included the Waiheke Library) caused or made worse by alcohol consumption in the area

b) whakaae / agree Option two – revoke the 131-133 Ocean View Road night-time alcohol ban and amend the Oneroa Town Centre at-all-times alcohol ban to include all of 133 Ocean View Road, is the most appropriate option to respond to the redevelopment of the Waiheke Library and creation of a courtyard and an amphitheatre onto land adjacent to the town centre alcohol ban

c) whakakore / revoke the night-time alcohol ban at 131-133 Ocean View Road, as shown in Attachment A of this agenda report

d) whai / adopt amendments to the current Oneroa Town Centre at-all-times alcohol ban to include the area covered by the current night-time alcohol ban at 131-133 Ocean View Road, as shown in Attachment A of this agenda report

e) whakaū / confirm that the decision to revoke the alcohol ban at 131-133 Ocean View Road and amend the Oneroa Town Centre alcohol ban, complies with the relevant requirements of the Local Government Act 2002 and the Auckland Council Alcohol Control Bylaw 2014

f) tuhi ā-taipitopito / note Auckland Council’s Community Facilities department will fund the cost of alcohol ban signs.

Horopaki

Context

Two different alcohol bans apply to areas in Ocean View Road and Korora Road

11. In 2015, the Waiheke Local Board decided to retain two alcohol bans following a statutory review (WHK/2015/143).

12. A 24-hours a day, seven days a week (at-all-times) alcohol ban in Oneroa Town Centre applies to the Artworks Community Theatre and part of Waiheke Library (see the red highlighted area of the Map).

13. A night-time alcohol ban applies to the area that was previously 131-133 Ocean View Road (see the yellow highlighted area of the Map). The hours of this alcohol ban are 10pm to 7am during daylight savings and 7pm to 7am outside daylight savings, seven days a week.

14. The purpose of both bans is to reduce alcohol-related harm in public places caused or made worse by alcohol consumption in the same area.

Redevelopment of Waiheke Library has created one property covered by two different alcohol bans

15. In 2014, Waiheke Library and surrounding facilities were redeveloped into 133 Ocean View Road. The redevelopment created the Artworks complex, a community hub that included the library, a courtyard and amphitheatre, an art gallery, and a community theatre. Waiheke Library was extended into the area formerly known as 131-133 Ocean View Road and the rest of this property was converted into the courtyard and amphitheatre of the Artworks complex.

16. As a result of this redevelopment, the Artworks complex is now regulated by two alcohol bans with different rules (see Map).

Alcohol bans prohibit alcohol, are adopted by local boards and enforced by the police

17. Alcohol bans prohibit the consumption or possession of alcohol in specified public places during specified times.

18. The Waiheke Local Board has the authority to amend alcohol bans in its local board area under the Auckland Council Alcohol Control Bylaw 2014 (GB/2014/121).

19. A Local Board decision to amend an alcohol ban must meet Local Government Act 2002 and Auckland Council Alcohol Control Bylaw 2014 criteria (See Options assessment).

20. Police enforce alcohol bans using powers of search, seizure, arrest and $250 infringement fines. Police also have powers to address crime or disorderly conduct under the Summary Offences Act 1981 and Crimes Act 1961 whether or not alcohol is involved.

Tātaritanga me ngā tohutohu

Analysis and advice

The current alcohol ban areas do not align with Waiheke Library’s new property boundaries

21. The redevelopment of Waiheke Library to incorporate 131-133 Ocean View Road means two alcohol bans regulate the Artworks complex at 133 Ocean View Road.

22. The highlighted areas of the Map above (and in Attachment A) show the two different alcohol ban areas.

An assessment identified problems with the two current alcohol ban areas

23. An assessment of evidence against legislative and bylaw criteria in the Table below found:

· there is historical evidence of high levels of alcohol-related crime or disorder that supported the current Oneroa Town Centre at-all-times alcohol ban area

· council staff have reported frequent incidents of alcohol-related disorder during daylight hours at the Artworks complex in the courtyard area regulated by the 131-133 Ocean View Road night-time alcohol ban

· there is sufficient evidence to consider revoking the 131-133 Ocean View Road night-time alcohol ban and amending the Oneroa Town Centre at-all-times alcohol ban area to include the previous 131-133 Ocean View Road ban area

· amending the ban area may be a reasonable limitation on people’s rights and freedoms to drink responsibly in the area.

Criteria	Assessment	Met/Not met
Is there evidence of a high level of crime or disorder caused or made worse by alcohol consumed there?	Yes · New Zealand police data from 2013-2014 supported retention of the Oneroa Town Centre at-all-times alcohol ban. · The redevelopment of Waiheke Library and surrounding facilities has in effect, extended what is the Oneroa Town Centre area. This means, evidence that supported retention of the Oneroa Town Centre at-all-times alcohol ban can be applied to the new boundaries of the town centre. · Council staff have reported frequent incidents of alcohol-related disorder at Waiheke Library from an individual who is drinking in the night-time ban area during the day and who is aware of the boundary between the two different bans in the courtyard and amphitheatre.^{^[1]} · While this evidence alone may not be sufficient to meet the criteria, it is indicative of displacement issues from the town centre ban that does have sufficient evidence.	ü Criteria met
Is the request appropriate in light of the evidence?	Yes. An alcohol ban can be a useful and effective tool to help reduce incidents of alcohol-related crime or disorder in the area caused or made worse by alcohol consumed there and to address the expansion of the town centre.	ü Criteria met
Is the request proportionate in light of the evidence?	Yes. There is sufficient evidence that an alcohol ban would be justified at the Artworks complex. · The 2013-2014 police data supported retaining an at-all-times alcohol ban in Oneroa Town Centre. · An at-all-times ban that incorporates the courtyard, amphitheatre and Waiheke Library extension aligns with the 2015 ban’s purpose of reducing alcohol-related harm in Oneroa Town Centre.	ü Criteria met
Is the request a justifiable and reasonable limitation on people’s rights and freedoms to drink responsibly in the area?	Yes. · In 2011, 68 per cent of Aucklanders agreed that alcohol bans help reduce problems.^{^[2]} · Feedback from mana whenua representatives at a hui held in March 2015 supported alcohol bans in principle. · Iwi and Māori health advocacy organisations have previously expressed general support for the use of alcohol bans to reduce alcohol-related harm.	ü Criteria met

Staff identified two options in response to the two current alcohol bans at Waiheke Library

24. Staff have identified and assessed two options that respond to having two different alcohol bans regulating Waiheke Library (133 Ocean View Road).

· Option one (Status quo): No change to current alcohol ban areas

· Option two (Revoke and Amend): Revoke the 131-133 Ocean View Road night-time alcohol ban and amend the Oneroa Town Centre at-all-times alcohol ban to include all of 133 Ocean View Road.

25. Staff carried out a comparative assessment of the options against criteria in the Table below.

Criteria	Option one (Status quo)	Option two (Revoke and Amend) (Recommended)
Description	no change to current alcohol ban areas	create a single at-all-times alcohol ban area by: · revoking the 131-133 Ocean View Road night-time alcohol ban and · amending the Oneroa Town Centre at-all-times alcohol ban area to incorporate the previous 131-133 Ocean View Road ban area.
Implementation	· no public consultation required. · decision takes effect immediately. · no additional costs for alcohol ban signs. · the current bans will continue to be enforced by police	· no public consultation required. Amendment retains intent of current alcohol ban and has historic public support. · staff must update the ban area in GeoMaps, update the online public map of the ban area, and install one new alcohol ban sign (estimated $20 cost). · Police to enforce amended alcohol ban area.
Effectiveness and efficiency to reduce crime or disorder in certain public places that is caused or made worse by alcohol consumed there	Less effective and efficient option: · Police enforcement more complicated as there are two different alcohol bans with different times to enforce within the property boundaries of Waiheke Library. · incidents of alcohol-related disorder have occurred at 133 Ocean View Road during daylight hours that are unable to be addressed.	Most effective and efficient option: · enables police to use their alcohol ban enforcement powers throughout the entire area of 133 Ocean View Road · cost of implementation (signage) is low and will be funded by council’s Community Facilities budget.
Validity	The current bans are authorised by statute and comply with legislative criteria.	The amended ban would be authorised by statute and comply with legislative criteria. The amended ban is a justified and proportionate response to the evidence of alcohol-related crime or disorder in the area that is caused or made worse by alcohol consumed there.

Staff recommend Option two (Revoke and Amend current alcohol ban area)

26. Staff recommend Option two to revoke and amend the current alcohol ban areas to create a single at-all-times alcohol ban at 133 Ocean View Road. Taking this approach would:

· retain the intent of the board’s 2015 decision to reduce alcohol-related harm in the Oneroa Town Centre

· be an appropriate response to recent reports from council staff of alcohol-related disorder at the Artworks complex

· be a justifiable and reasonable limitation on people’s rights and freedoms to drink responsibly in the area.

27. Public consultation is not required on this decision as it retains the intent of the board’s 2015 decision, has general community support based on previous research, and is supported by council staff who have reported incidents.

Tauākī whakaaweawe āhuarangi

Climate impact statement

28. The Alcohol Control Bylaw does not directly address the climate change goals in Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan. For example the Bylaw focuses on reducing crime or disorder in public places that is worsened by alcohol being consumed there.

29. There are no implications for climate change arising from decisions sought in this report.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30. Decisions related to alcohol bans impact Community Facilities in relation to alcohol ban signage. Council staff are aware of the impacts of amending the at-all-times alcohol ban area and their implementation role.

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

Local impacts and local board views

31. Alcohol-related crime or disorder in council controlled public places like Waiheke Library directly impact people in the Waiheke Local Board area.

32. Amending the alcohol ban would be consistent with the intent of the Waiheke Local Board’s decision in 2015 to retain an at-all-times alcohol ban in Oneroa Town Centre (WHK/2015/143).

33. Aucklanders in the Waiheke Local Board area are generally supportive of alcohol bans.

Tauākī whakaaweawe Māori

Māori impact statement

34. Managing alcohol-related harm increases opportunities for health and wellbeing and is consistent with the Māori Plan for Tāmaki Makaurau. Iwi have been widely consulted on the use of alcohol bans in the past and have to date been supportive of their use.

35. Feedback from mana whenua representatives at a hui held in March 2015 supported alcohol bans in principle, and suggest that non-regulatory approaches should be considered to help reduce alcohol-related harm.

Ngā ritenga ā-pūtea

Financial implications

36. If the local board adopts Option two (Revoke and Amend), the cost of alcohol ban signage will be funded by council’s Community Facilities department. The estimated cost is $20 for one sign.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37. The following risks and risk mitigations have been identified:

If…

Then…

Mitigation

the local board retains the current alcohol ban areas (Option one)

the board may be perceived as unresponsive to any alcohol-related crime or disorder in the night-time ban area of Waiheke Library (moderate reputational risk).

clearly state reasons for decision, including that Police can address crime or disorderly conduct under the Summary Offences Act 1981 and Crimes Act 1961 whether or not alcohol is involved.

the reliance on reports from council staff is seen as insufficient evidence or a lack of public consultation to amend the ban area.

there may be a legal challenge to the decision (low legal risk)

clearly state how the board considers that the legislative criteria have been met.

Ngā koringa ā-muri

Next steps

38. If the local board adopts Option two (Revoke and Amend), staff will update signage and the council’s website, notify Police of the amended ban area, and notify council staff who reported incidents about the decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - Recommended amended alcohol ban area for Waiheke Library	29

Ngā kaihaina

Signatories

Authors

Oggy Nweke – Policy Adviser

Steve Hickey - Senior Policy Advisor

Authorisers

Paul Wilson - Senior Policy Manager

Louise Mason - General Manager Policy

Janine Geddes – Acting Local Area Manager

Waiheke Local Board

11 December 2024

Request for change to local dog access rule

File No.: CP2024/19260

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 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 Waiheke 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) Tuhi ā-taipitopito / note local board members will be invited to attend relevant ‘Have Your Say’ events and the local board will deliberate and make decisions on public feedback to the proposal in Attachment A of this agenda report.

f) 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.

g) 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.

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^{^[3]} 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^{^[4]}

· 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^{^[5]}.

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.

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	37
b ⇩	Assessment of dog access rules change requests against regulatory criteria	63
c ⇩	Regulatory criteria related to local dog access rule change requests	79

Ngā kaihaina

Signatories

Author

Nancy Chu – Principal Policy Advisor, Regulatory Practice

Authorisers

Louise Mason – General Manager Policy

Lou-Ann Ballantyne - General Manager Governance and Engagement

Janine Geddes - Acting Local Area Manager

Waiheke Local Board

11 December 2024

Annual Budget 2025/2026 - local board consultation content

File No.: CP2024/19266

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 – 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 Waiheke Local Board:

a) whakaae / approve local consultation document content (Attachment A) and local supporting information content (Attachment B) for inclusion in the Annual Plan 2025/2026 consultation material.

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

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

i) Have Your Say Community Forum, 5.30pm- 7.00pm, Wednesday, 12 March 2025 at the Waiheke Local Board office, 10 Belgium Street, Ostend.

d) tautapa / delegate authority to the local board Chair 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.

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 respectively).

14. Should changes be required to the local consultation content during the document production, they will be provided to the local board chair 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 event recommended to be held in the Waiheke Local Board area is:

· Have Your Say Community Forum, 5.30pm- 7.00pm, Wednesday, 12 March 2025 at the Waiheke Local Board office, 10 Belgium Street, Ostend.

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 date for the Have Your Say event 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 event, these will be provided to the local board chair 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 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.

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 and January ahead of adoption by the Budget Committee in mid-February. 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 in 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 ⇩	Waiheke Local Board draft Local Consultation Document	87
b ⇩	Waiheke Local Board draft Local Supporting Information	89

Ngā kaihaina

Signatories

Author

Phoebe Peguero - Senior Advisor Operations and Policy

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Janine Geddes – Acting Local Area Manager

Waiheke Local Board

11 December 2024

LB Consultation Supporting Information template

Te Poari ā-Rohe o Waiheke

X.X Waiheke Local Board

He kōrero mai i te Heamana

Message from the Chair

Kia ora koutou,

The Waiheke Local Board’s priorities for 2025/2026 are based on the Local Board Plan 2023 which provides the vision and framework for local board decisions.

Whilst there are some increases to our local board operational and capital budgets, there are some major challenges to prioritise. Waiheke is at a crossroads with changing demographics, cost-of-living increases and a shortage of affordable housing. Critical decision-making locally, regionally and nationally will depend on hard data to inform our collective direction for the next decade. We will survey all residents as part of a wider research project that will also include Waiheke’s carrying capacity including sustainability of our ground water sources, visitor numbers and their impacts, and economic diversification opportunities.

We will continue our support for community initiatives including volunteer work, arts and culture, recreation, events, youth outcomes and strategic housing initiatives.

We will add a new playground and a loop path to Tawaipareira Reserve, replace the Rakino Hall (depending on the outcome of the current consent process), improve Anzac Reserve to enable more all-weather events, and we’ll start refreshing our local villages with beautification projects and traffic calming measures at Ostend. Our track renewals programme will recommence.

Development of concept plans for a new community swimming pool are underway, coordinated by the Waiheke Pool Society. One way to cover the funding for building and running costs would be through a separate targeted rate. We need your feedback on whether this is a good option to investigate with our ratepayers.

We will continue prioritising actions from our Climate Action Plan, on-going ecological restoration, and pest management. We’ll start prioritising recommended actions from the recently approved Rangihoua Reserve Onetangi Sports Park Management.

Waiheke’s rich cultural history is paramount. We will continue to build the relationship with Ngāti Pāoa and work with other mana whenua to help support their aspirations.

Your feedback is critical as we set priorities within our allocated funding. Please submit your feedback online during the consultation period or come and talk to us at local engagement events. Details of the events will follow.

Ngā mihi nui

Cath Handley

Chairperson, Waiheke Local Board

Introduction

Each year we plan the activities and services we will deliver in your local board area, and any key changes to services. These are based on our 2023 local board plan, which sets our three-year direction. We are seeking your input on our proposals for the 2025/2026 financial year and our key priorities for the Annual Budget 2025/2026.

This year the local board has been allocated additional operating spend of $1 million and capital spend of $2.4 million in the Long-term Plan 2024-2034 for fairer funding for local boards.

What we’ve been doing in your Local Board area

Some of the key highlights of what we have delivered and anticipate progressing over the next few months are:.

· delivering stage two of the Tawaipareira Reserve concept plan

· adoption of the Rangihoua Reserve and Onetangi Sports Park Management Plan

· implementing the grow stage of the Waiheke Ngahere (Forest) Strategy

· supporting stream restoration projects and citizen science programmes to support the health of the aquatic environment, and local volunteer programmes which improve biodiversity within our reserves

· development of a Waiheke Youth Needs Assessment

· programmes to reduce our waste stream

· increasing funding support for our arts community

What we propose in your local board area in 2025/2026

The local board has additional funding in 2025/2026, however there are unavoidable increases in the cost of existing services which may need to be considered alongside the additional funding. The following are the key projects and activities we plan to deliver next year, and any key changes to services:

· delivering core council operational services, such as mowing, track and facility maintenance, and the library

· programmes which protect, restore, and enhance the island’s natural environment, and initiatives that provide opportunities for community connectedness, capability and resilience

· progressing recommended actions within the Rangihoua Reserve Onetangi Sports Park Reserve Management Plan

· capital projects including the Tawaipareira Reserve playground and loop track, and replacement of the Rakino Hall

· continuing to support local organisations with the development of a community swimming pool and investigate consulting on a local targeted rate

· revitalising Ostend and Oneroa village centres

· commissioning research of data and surveying residents to understand the state of the motu.

**LFA to provide financials below:

Key areas of spend 2025/2026	Community Services	Environmental Services	Planning Services	Governance	Total
Planned capital spend to renew and develop assets	$3.2m	$-	$-	$-	$3.2m
Planned operating spend to maintain and operate assets and deliver local activities*	$6.5m	$0.1m	$-	$1m	$7.6m

* The distribution of operating spend across the key areas of spend may change based on the feedback on local board priorities

What do you think?

What do you think of our proposed priorities for your local board area in 2025/2026?

You have told us a community pool is a priority however building and running a community pool will involve significant funding. A targeted rate for Waiheke residents is one way to fund this development. The board will also explore partnerships and sponsorship opportunities.

Do you think we should investigate a targeted rate to progress development of a community pool?

Waiheke Local Board

11 December 2024

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

File No.: CP2024/19116

Te take mō te pūrongo

Purpose of the report

1. To provide an 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

That the Waiheke 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 24 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 ⇩	AT Kōkiri Agreement Quarterly Update December 2024 - projects and programme updates	97
b ⇩	AT Kōkiri Agreement Quarterly Update December 2024 - road maintenance update	101

Ngā kaihaina

Signatories

Author

Ben Stallworthy – Principal Advisor, Auckland Transport

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Janine Geddes – Acting Local Area Manager

No.	Title	Page
a ⇩	Resource Consent Applications - December 2024	105

[1] Note: The reported incidents have not been substantiated and may not have resulted in enforcement action (for example a criminal conviction).

[2] Nielsen Research. (2011). Alcohol Harm final report.

[3] 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.

[4] 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.

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

Chairperson	Cath Handley
Deputy Chairperson	Kylee Matthews
Members	Bianca Ranson
	Robin Tucker
	Paul Walden

Author	Amelia Lawley - Democracy Advisor
Authoriser	Janine Geddes – Acting Local Area Manager

Autho	Amelia Lawley - Democracy Advisor
Authoriser	Janine Geddes – Acting Local Area Manager