Agenda of Governing Body - Thursday, 12 December 2024

Governing Body

12 December 2024

Chief Executive and Group Chief Financial Officer Update

File No.: CP2024/13081

Te take mō te pūrongo

Purpose of the report

1. To provide a monthly update to the Governing Body on key matters from the Auckland Council Chief Executive and Group Chief Financial Officer as at 30 November 2024.

Whakarāpopototanga matua

Executive summary

Chief Executive and Group Chief Financial Officer’s Update

2. Phil Wilson, Chief Executive and Ross Tucker, Group Chief Financial Officer will provide a summary of highlights, key activities and updates for the following:

· Long-term Plan delivery updates – Auckland Future Fund

· Service performance

· Annual Plan 2025/2026

· Financial performance for Auckland Council and the Auckland Council Group

· Economic/market update.

Delivery of the Long-term Plan 2024 – 2034 priorities

Auckland Future Fund

3. On 4 December 2024, the Auckland Future Fund (AFF) confirmed the sale of Auckland Council’s remaining shares in Auckland International Airport Limited (AIAL).

4. The sale, which was planned as part of the council’s Long-term Plan 2024-2034 (LTP), saw the council’s 9.71 per cent holding of AIAL shares sold at a price of $8.08 per share. This exceeds the LTP projection, which was for $7.89 after transaction costs.

5. The sale will return $1.31 billion for the AFF. These funds will now be invested via a trust structure in a range of diversified financial assets to create long-term benefits for the Auckland region and provide enhanced cash returns to help fund council services.

6. The council has also commenced public notification of the Auckland Council (Auckland Future Fund) Bill, which will provide an additional level of statutory protection for the AFF, ensuring that the proceeds of this sale are safeguarded for future generations of Aucklanders to benefit from.

Annual Plan 2025/2026

7. This Annual Plan 2025/2026 (the annual plan) relates to year two of the recently adopted LTP. Development of the annual plan continues with a draft Mayoral Proposal released to councillors on 18 November 2024, and then publicly on 19 November 2024.

8. Budget Committee members provided informal feedback and input on the draft Mayoral Proposal at a workshop on 20 November 2024. Local boards have also considered the draft Mayoral Proposal and formally resolved their feedback on regional issues at business meetings in November 2024.

9. Decisions from the Mayoral Proposal (aside from those related to CCO reform which will be considered as part of this Governing Body meeting) and other items for consultation were considered by the Budget Committee on 4 December 2024. Staff will prepare a consultation document and supporting information for approval by the Budget Committee in February 2025.

Financial performance for Auckland Council and the Auckland Council Group

10. The monthly financial dashboard for Auckland Council and the Auckland Council Group was not available at the time the agenda was prepared and will not be available until after the meeting. A summary of the key highlights and results will be provided by the Group Chief Financial Officer at the meeting.

Economic/ market update

11. The key economic/market activity update from the Chief Economist was not available at the time the agenda was prepared and will not be available until after the meeting.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whiwhi / receive the information provided in this report and the verbal updates by the Chief Executive and Group Chief Financial Officer.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Karuna Dahya - Manager Group Performance Reporting

Helen Aksiuta - Project Manager

Authorisers

Ross Tucker - Group Chief Financial Officer

Phil Wilson - Chief Executive

Governing Body

12 December 2024

Draft Tūpuna Maunga Authority Operational Plan 2025/2026

File No.: CP2024/18958

Te take mō te pūrongo

Purpose of the report

1. To consider approval of the Draft Tūpuna Maunga Authority Operational Plan 2025/2026 and the Draft Summary of the Tūpuna Maunga Authority Operational Plan 2025/2026 (for inclusion in the consultation material for the Annual Plan 2025/2026).

Whakarāpopototanga matua

Executive summary

2. Legislation requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual plan (annual budget) process (or long-term plan process every three years). This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (draft Tūpuna Maunga Plan).

3. The Tūpuna Maunga Authority met on 9 December 2024 to approve its proposed budget for inclusion in the council’s Annual Plan 2025-2026 (Annual Plan). The proposed budget for the 2025/2026 financial year fits within the funding envelope previously agreed through the Council’s Long-term Plan 2024-2034. The Draft Tūpuna Maunga Authority Operational Plan (Attachment A) and a summary of the draft plan (Attachment B) were approved for public consultation by the Tūpuna Maunga Authority.

4. The Governing Body must also agree the draft Tūpuna Maunga Operational Plan (Attachment A) and the summary (Attachment B) for inclusion in the consultation material for the Annual Plan. The draft Tūpuna Maunga Operational Plan will then be consulted on as part the Annual Plan in 2025.

5. The Tūpuna Maunga Authority intends to meet on a date to be determined in May 2025 to adopt the final plan and summary. Following that hui, the Governing Body will also need to agree the plan and summary at a meeting before 30 June 2025 so that the agreed summary can be included in the final Annual Plan document that is required to be adopted before that date.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree the Draft Tūpuna Maunga Operational Plan 2025/2026 and a summary of the draft plan (for inclusion in the consultation material for the Annual Plan 2025-2026).

Horopaki

Context

6. Auckland Council and the Tūpuna Maunga Authority must agree the Tūpuna Maunga Plan, and summary of that plan, each year pursuant to section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014. A summary of the Draft Tūpuna Maunga Authority Operational Plan must be included in the consultation material for the annual plan (or long-term plan every three years).

Tātaritanga me ngā tohutohu

Analysis and advice

7. Each year a Tūpuna Maunga Operational Plan is developed to provide a framework in which the council will carry out its functions for the routine management of the Tūpuna Maunga and administered lands for that financial year. The Tūpuna Maunga Plan must be prepared and adopted concurrently with the council’s annual or long-term plan and must be included in summary form in the annual or long-term plan consultation material.

8. The Tūpuna Maunga Authority met on 9 December 2024 to approve the draft Tūpuna Maunga Operational Plan (Attachment A) and a summary of the Draft Tūpuna Maunga Authority Operational Plan (Attachment B) for consultation. Content relating to the Draft Tūpuna Maunga Authority Operational Plan will be referred to in the consultation document and the agreed summary of the Draft Tūpuna Maunga Authority Operational Plan will be included in the Annual Plan supporting information.

9. Two consultation streams will be undertaken during the consultation period. Both the council and Tūpuna Maunga Authority will receive submissions during the consultation period. The various consultation feedback to the Tūpuna Maunga Authority and the council will be reviewed and reported to a joint workshop of the Tūpuna Maunga Authority and council in early 2025.

Climate impact statement

10. This report relates to the budget and operational plan of the Tūpuna Maunga Authority, an independent co-governance entity. Matters relating to climate impacts may be addressed by that authority.

Council group impacts and views

11. The organisations that are part of the council group will have an opportunity to comment on the draft Tūpuna Maunga Operational Plan prior to the final plan being presented for adoption, and any feedback received will be presented to the Tūpuna Maunga Authority and the council for consideration.

Financial implications

12. The Draft Tūpuna Maunga Plan annual budget for the 2025/2026 financial year is provided for in the council’s Long-term Plan 2024-2034 and no increase is sought.

13. The Draft Tūpuna Maunga Plan includes long term plan funding in outer years that reflect a transition from a substantial capital works programme to a focus on maintaining assets, and funding operational programmes.

Risks and mitigations

14. The Tūpuna Maunga Authority Operational Plan 2025/2026 is necessary to support the council’s routine management of the Tūpuna Maunga under the direction of the Tūpuna Maunga Authority. There is a moderate reputational risk to Māori outcomes and relationships if the council did not approve funding for the Tūpuna Maunga in the Auckland area. This could seriously affect council’s ongoing relationships with mana whenua organisations of Tāmaki Makaurau.

15. Further, there is a risk of non-compliance with section 60 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 if the council and the Tūpuna Maunga Authority do not agree a draft operational plan and summary for inclusion in the consultation materials for the Annual Plan.

16. If the draft Tūpuna Maunga Operational Plan is approved for consultation, there is a potential reputational risk in relation to any members of the community opposed to co-governance entities established by Treaty of Waitangi settlements

Tauākī whakaaweawe Māori

Māori impact statement

17. The Tūpuna Maunga Authority is a tangible expression of a Treaty-based partnership between Ngā Mana Whenua o Tāmaki Makaurau and Auckland Council. It is a vehicle through which the mana whenua worldview and historical, cultural and spiritual connections with the maunga will be given visibility and guide decision-making for the health and wellbeing of these important taonga.

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

Local impacts and local board views

18. The work of the Tūpuna Maunga Authority spans eight local board areas, but agreeing the draft Tūpuna Maunga Operational Plan for consultation by Auckland Council is a Governing Body decision. The views of local boards have not been sought at this stage, but local boards will have an opportunity to provide input on the draft Tūpuna Maunga Plan through the consultation process. Each year the Tūpuna Maunga Authority writes to the eight local boards with Tūpuna Maunga within their local board areas seeking comment on the draft Tūpuna Maunga Operational Plan.

Ngā koringa ā-muri

Next steps

19. If the Governing Body agrees the draft Tūpuna Maunga Operational Plan and summary for inclusion in the consultation material for the Annual Plan, then the public will have an opportunity to provide feedback either to the Tūpuna Maunga Authority or to the council through the public consultation phase.

20. Following the public consultation, the Tūpuna Maunga Authority and Auckland Council will need to consider the feedback before agreeing to a final Tūpuna Maunga Plan and summary.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	The Draft Tūpuna Maunga Authority Operational Plan 2025/2026
b	The Draft Tūpuna Maunga Operational Plan Summary 2025/2026

Ngā kaihaina

Signatories

Authors

Tracey Wisnewski - Project Manager, Financial Strategy

Dominic Wilson - Head of Co-governance

Bizhan Rahnama - Kaitohutohu Tūpuna Maunga / Co-Governanc

Authorisers

Ross Tucker - Group Chief Financial Officer

Phil Wilson - Chief Executive

Governing Body

12 December 2024

Annual Plan 2025/2026: Communications and Engagement Plan

File No.: CP2024/19367

Te take mō te pūrongo

Purpose of the report

1. To:

a) seek approval from the Governing Body for the proposed communication and engagement approach for public consultation on the Annual Plan 2025/2026

b) delegate to the Mayor and councillors, local board members and council officers (as delegated by the Group Chief Financial Officer) the responsibility to hear feedback at the Have Your Say events for consultation on the Annual Plan 2025/2026

Whakarāpopototanga matua

Executive summary

2. Every three years, councils are required to adopt a Long-term Plan, with an Annual Plan adopted in the intervening years. This is the first annual plan following the Long-term Plan 2024-2034 (LTP).

3. A special consultative procedure (SCP) as outlined in the Local Government Act 2002, is not required for adopting the Annual Plan 2025/2026 (annual plan). Although there is no explicit requirement for an SCP this report provides an overview of a communication and engagement approach that would meet the requirements of an SCP.

4. An online engagement hub will be used to connect with Aucklanders in a digital format. This will be complemented with a range of events (face to face and online) that will be held across the region enabling Aucklanders to have their say on the annual plan in ways that suit them. Hard-copy materials will also be made available in libraries, service centres, and each local board office across the region.

5. The communications and engagement approach has been reviewed to deliver a cost-effective programme of activities that maximises return on the allocated budget, to achieve reach to the target audiences. This approach is designed so that council hears from a wide range of Aucklanders, including Māori, Pacific peoples, diverse communities, stakeholder interest groups and young people.

6. Auckland Council has obligations to enable Māori participation in council decision-making processes. A Māori engagement plan has been developed to meet these obligations.

7. The proposed approach will meet our statutory obligations for the type of consultation required for the annual plan.

8. Public consultation on the annual plan will run from midday on the 28 February 2025 to 11.59pm on 28 March 2025.

9. Following the consultation period, a summary of public feedback received will be prepared. After annual plan decisions have been made, this will be communicated widely to all submitters and stakeholder groups involved in the process.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree the proposed communication and engagement plan for the Annual Plan 2025/2026 as set out in this report and in the plan in Attachment A, noting:

i) Public consultation will run from Friday 28 February 2025 to Friday 28 March 2025.

ii) Feedback can be provided through a range of channels including written, in person, telephone and digital.

iii) Various events and community forums will be held across the region (either in-person or virtually) to allow Aucklanders to have their views heard and provide feedback.

iv) Webinar information sessions will be available during the consultation period to give the public an opportunity to listen to and ask questions of elected members and/or subject matter experts.

v) Post-consultation, regional and local briefing reports will be prepared to provide a summary of public feedback received across all channels for decision makers.

vi) There will be a joint hui between the Tūpuna Maunga Authority and Auckland Council to consider feedback on the draft Tūpuna Maunga Authority Operational Plan 2025/2026 ahead of adoption of the final plan.

vii) A summary of the final decisions made will be prepared, then made publicly available and widely communicated in July 2025.

b) whakaae / agree to delegate to the following elected members and council officers the responsibility to hear feedback at the Have Your Say events for consultation on the Annual Plan 2025/2026:

i) The Mayor and councillors

ii) Local board chairs and local board members

iii) Staff approved by the Group Chief Financial Officer.

Horopaki

Context

Annual Plan 2025-2026

10. Once every three years, councils are required to adopt an LTP and in the intervening years an annual plan. Next year the Governing Body will adopt the Annual Plan 2025/2026.

11. Each year the budget enables rates to be set for the year and includes setting the local board priorities for each of our 21 local boards as part of each local board agreement for the year. As part of this process, public consultation is conducted to get feedback on the proposed budget, so that the council can consider the views and preferences of those who may be affected by, or interested in, the proposal. The feedback that is received will feed into the final proposal for consideration of the Governing Body.

Engagement at Auckland Council

12. The council views engagement as a genuine dialogue with Auckland’s communities to help us make better decisions. High quality engagement with Aucklanders will allow council to make robust decisions that benefit communities and produce plans that are fit for purpose.

13. The council is also required to provide opportunities for Māori to contribute to the council’s decision-making processes.

Significance and Engagement Policy

14. Auckland Council’s Significance and Engagement Policy specifies how and when communities can expect to be engaged with on different issues, assets or other matters. It enables the council and our communities to understand the significance the council places on proposals and decisions relating to them.

15. As part of the policy implementation, the council follows the International Association of Public Participation (IAP2) good practice approach, which is the most widely recognised international body for public participation.

Tātaritanga me ngā tohutohu

Analysis and advice

Communications and engagement approach

Introduction

16. The Budget Committee was provided with the draft approach to gathering feedback in November 2024. This outlined the Have Your Say (HYS) events, regional stakeholder events, and other hui and community events.

17. To ensure that all public feedback received through Have Your Say events (including through spoken interaction) can be incorporated into formal feedback, a delegation is sought to give the responsibility for hearing feedback to all elected members, and also to staff as approved by the Group Chief Financial Officer.

18. Further information on key engagement approaches follows. More detail is set out in the Communications and Engagement Plan 2025/2026. (Attachment A).

Communications

19. Communications activities have been designed to drive participation by all Aucklanders with an emphasis on delivering feedback that is representative of Auckland communities.

20. This will include:

· Proactive media relations

· Paid marketing campaign running across digital, social media, radio, and video.

· Use of Auckland Council channels, including OurAuckland, social media and digital screens

· Contact via databases and targeted emails

· Content in local papers and localised social media content.

21. Webinar information sessions will also be available throughout the consultation period to give the public an opportunity to listen to and ask questions of elected members and/or council officers who are subject matter experts.

Consultation documentation and translations

22. The consultation material and process should provide an effective basis for the public to participate in the council’s decision-making process. The table below summarises the material developed to support consultation on the annual plan.

Table One: Material prepared to support consultation

Document	Description
Consultation Document	The document required by the Local Government Act 2002 which identifies and explains key budget issues. This includes the feedback form which sets out the consultation questions for the annual plan. (see below).
Feedback form	A feedback form setting out the consultation questions for the annual plan. Translated into at least six languages (Te Reo Māori, Samoan, Tongan, Korean, Hindi and Chinese), a New Zealand sign language video, EasyRead and large print versions.
Translated summary of Consultation Document	A summary of the annual plan key issues in the Consultation Document created for translation purposes and available in English, Te Reo Māori, Samoan, Tongan, Korean, Hindi and Chinese, a New Zealand sign language video, EasyRead and large print versions.
Supporting Information	The detailed and specific information, including the relevant strategies, policies, detailed service level and budget information, that supports the content of the Consultation Document and provides the basis for the preparation of the final annual plan.

23. To support Aucklanders to provide feedback in a way that suits them best, all information will be provided online and in hard copy. Hard copies will be available at all libraries, service centres and local board offices as well as at events.

24. To enable a wide reach across Auckland’s diverse communities, a high-level summary of the Consultation Document and the feedback form will be translated into Te Reo Māori, Samoan, Tongan, Korean, Hindi and Chinese, as well as a New Zealand sign language video, EasyRead and large print versions.

25. All consultation material will also be available online at akhaveyoursay.nz which is the Have Your Say hub for the Auckland Council. People will be able to read through all the reference information before providing their feedback in an online form. The online forms will also be available for submission in translated languages.

Feedback channels

26. Aucklanders can submit their feedback in several ways:

· Written feedback received through the council’s feedback form (online and hard copy), emails, letters etc

· Spoken interaction (verbal feedback) at virtual and face to face events

· Telephone interviews for those who prefer a non-digital option of providing verbal feedback

Māori engagement

27. Auckland Council has obligations to enable Māori participation in council decision making processes.

28. The Māori engagement programme includes:

· Annual plan topic and submission-making workshops with mana whenua and mataawaka organisation representatives. Technical support will be offered to assist the development of submissions with Māori entities seeking individualised support.

· A Māori Have Your Say meeting with the Governing Body planned during the consultation period to discuss submission priorities and feedback on the proposed annual plan.

· Māori community engagement through entities and their networks and promotions at key events, i.e. Waitangi Day, encouraging participation and feedback through workshops, key events, online and hard copy submission forms.

· Raising awareness through targeted communications to previous submitters who identified as Māori through the previous annual plan or the LTP.

29. More detailed information on the engagement approach with Māori is provided in the Appendix of Integrated Communications and Engagement Plan in Attachment A

Have Your Say (HYS) events

30. Have Your Say events with communities will be held across the region. Local boards will host most of these and will decide (with councillor input) on the timing and format of events that they believe best suits their community. These events provide an opportunity for the community to have their views on local and regional issues heard by decision makers or staff members acting under delegation to receive feedback.

31. At local events, ward councillors will speak to regional issues and consultation materials where possible and be available to answer any questions about the plan with members of the public.

32. Local boards will seek feedback specifically on the proposed priorities and preferences for their local board agreements. However, understanding local views on regional issues is also a priority.

33. In addition to local events, council staff will set up information stalls at several regional events (e.g. Pasifika Festival) that cater for a range of communities.

34. Webinar information sessions will be available during the consultation period to give the public an opportunity to listen to and ask questions of elected members and/or subject matter experts. These will not be ‘Have Your Say’ events.

Engaging with diverse communities

35. Auckland is home to communities diverse in age, gender, sexuality, disability, nationality, religion and culture. Auckland Council is committed to supporting and including voices from Auckland’s diverse communities. According to 2023 Statistics NZ data, Auckland’s main ethnic groups are:

European 49.8 per cent

Māori 12.3 per cent

Pacific Peoples 16.6 per cent

Asian 31.3 per cent

Middle Eastern/Latin American/African 2.7 per cent

Other Ethnicity 0.9 per cent

36. In 2018 Auckland Council implemented the Community Engagement Partnership Programme, consisting of partnerships with diverse community organisations to help us reach a broad range of communities. These partnerships have increased engagement from key demographic groups including:

· Pacific

· Asian

· Ethnic

· Young people

· Disability communities.

This programme allows diverse communities to become more easily engaged in council processes; to feel informed on the consultation topics; and to provide feedback in an environment that meets their various needs.

37. Targeted events and forums will also be held to reach different demographic groups and communities. Community partners use their expertise, relationships and networks to lead engagement with their own communities.

38. Reaching diverse audiences is a focus for the communications strategy. Specific channels, including ethnic radio and targeted digital, will be utilised to engage with diverse communities.

No independent representative survey

39. Following the streamlined approach set for the LTP community engagement plan, there will be no independent, representative survey of public opinion on the consultation topics.

Social media

40. Social media channels such as Facebook, Instagram and LinkedIn will be used to promote the consultation. Social media users will be directed to the formal feedback channels and comments will not be collected and categorised as formal feedback.

Climate impact statement

41. Digital submissions will be encouraged where possible which will reduce the need for printed materials and waste produced from this process. Online webinars will also be offered for members of the public to discuss key issues with elected members and subject matter experts. These digital options will reduce the need to travel to a specific location to either give feedback or find out more information.

42. Staff will minimise the number of printed documents (including reference copies of the larger documents) although reordering will be possible. This will minimise wastage and encourage online participation whilst maintaining choice and the opportunity for people to have their say on paper.

Auckland Council group impacts and views

43. Subject matter experts from across the council group have been involved in developing the draft annual plan. They will analyse the feedback received to produce a summary report for political consideration prior to final decisions being made. Subject matter experts will also be available at events to present information and answer questions from the public and community partners.

Financial implications

44. The proposed Communications and Engagement Plan is to be funded from existing operational budgets and has been subject to a cost-effectiveness review. The total budget for communications and engagement activities is $201,000.

45. The recommendation is to prioritise this budget to raise awareness and reach more Aucklanders during the consultation phase. Additional communications and closing-the-loop phase will predominantly be through earned media, owned channels and direct email marketing (where no budget is required).

Risks and mitigations

46. Key risks and mitigations for the annual plan communications and engagement process include those listed below:

Risk(s)	Mitigation(s)
Unforeseen changes including modification to content and timelines.	Communications and engagement approach has been designed to scale up if required. Awareness of the potential for change and flexible approaches applied where possible. Clearly define dates and escalate emerging risks.
Low interest/submissions and not reaching Auckland’s diverse communities	The plan is targeted to appeal to a wide Auckland audience and attract feedback that is reflective of the community and its diversity. Raising awareness with communities early and utilising community partnerships to help engage with citizens across the region.
Challenges with the digital platform for AK Have Your Say	Procurement of a cloud-based community engagement platform hosted by Social Pinpoint will better support high traffic to the site. Digital team will meet with development team from Social Pinpoint.
Confidence of AI analysis of feedback	Ensure sufficient staff resource to conduct robust quality checks (at least 10 per cent) to provide confidence in results.

47. For a full list of the risks and mitigations, refer to page 11 of Attachment A: Communications and Engagement Plan Annual Plan 2025/2026.

Tauākī whakaaweawe Māori

Māori impact statement

48. Resources have been allocated to ensure there is a dedicated approach to engagement with mana whenua and mataawaka Māori communities that builds on the relationships established during previous consultations. Reporting on the annual plan will ensure that Māori feedback is clear and distinct from general population feedback.

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

Local impacts and local board views

49. Local boards are an integral part of the public consultation approach. A range of locally held Have Your Say events (to be detailed on the AK Have Your Say website), have been scheduled across the region to collect feedback on regional and local issues to inform the annual plan. Local boards will approve any recommended local priorities, whilst any regional decisions will be made by the Governing Body.

Ngā koringa ā-muri

Next steps

50. Consultation is currently planned to take place from midday on 28 February 2025 until 11.59pm 28 March 2025. The processing of feedback and the decision-making approach will occur at the same time as the third-phase communications and engagement step below:

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Communications and Engagement Plan - Annual Plan 2025/2026

Ngā kaihaina

Signatories

Authors

Ashley McIntyre - Principal CCE Specialist

Vanessa Feaver - Senior Specialist Corporate Communication and MediaAyr Jones - Specialist Advisor

Authorisers

Michael Burns - General Manager Financial Strategy

Tim Atiken - General Manager Communications and Marketing

Lou-Ann Ballantyne - General Manager Governance and Engagement

Phil Wilson - Chief Executive

Governing Body

12 December 2024

Mayoral Proposal 2025/2026: Council-controlled Organisation Reform

File No.: CP2024/19377

Te take mō te pūrongo

Purpose of the report

1. To present the Mayoral Proposal relating to CCO reform for consideration by the Governing Body, including recommendations on proposed structural and non-structural changes.

Whakarāpopototanga matua

Executive summary

2. This year’s annual plan process was guided by the Mayor and Councillor’s Direction Document that sets out key issues and requests for further advice to support workshops that were held between August and December 2024. The issues outlined in the document were:

· CCO reform

· The funding of major events and destination marketing; and

· Planning and paying for growth.

3. My draft Mayoral Proposal and the supporting staff advice was released on 18 November 2024 to the Budget Committee and local board members. The draft proposal was discussed with the Budget Committee on Wednesday 20 November 2024, in subsequent workshops with in-scope CCO board chairs and chief executives (Tātaki Auckland Unlimited, Eke Panuku, Auckland Transport) and again on Wednesday 27 November 2024.

4. At the same time, local boards met to agree their formal feedback on the draft proposal and these views were presented to the Budget Committee during workshops on Wednesday 27 November 2024. These views were also provided in a report to the Budget Committee on 4 December 2024.

5. At the same meeting, the Budget Committee considered all matters included in the draft Mayoral Proposal except for CCO reform and agreed regional items for consultation. These decisions are outlined in the meeting minutes.

6. As a result of multiple workshops, meetings, and other engagements, I have made changes to my Mayoral Proposal (Attachment A) relating to CCO reform to reflect the feedback I have received. This includes discussion with elected members, iwi leaders, Houkura, the PSA, industry leaders and CCO board members and executives. I have also received written feedback from some advisory panels. This communication will be distributed ahead of today’s meeting.

7. Information on a draft implementation framework will be distributed by staff ahead of this meeting to support decision-making today.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) note the valuable contribution made by all staff across the Auckland Council Group to Auckland and the delivery of our services

b) note there will be no reduction to service levels or investment as agreed through the LTP as a result of reform decisions made today

c) note that this CCO reform package seeks to realign and reinvigorate the CCO model, strengthen council’s ability to support elected members to make integrated decisions, and ensure the Auckland Council Group is set up in the best way to deliver on its long-term plan and broader vision for Auckland

Eke Panuku and Tātaki Auckland Unlimited (TAU)

d) agree to the following structural changes to be implemented no later than 1 July 2025 to support CCO reform, in line with the principles identified in the body of the report, that includes:

i) transferring and integrating all of Eke Panuku’s functions (including urban regeneration, property management and marina management) to Auckland Council to strengthen council’s ability to coordinate planning, strategy and delivery in a place-based way, including around strategic growth opportunities and large-scale development;

ii) transferring and integrating Tātaki Auckland Unlimited’s economic development function to Auckland Council to strengthen council’s ability to provide a more coordinated approach to wider economic development activities and improve productivity;

iii) ensuring Auckland Council has the appropriate policy capability to support council decision-making across all activities;

iv) Tātaki Auckland Unlimited retaining destination marketing and major events functions (with council responsible for the relevant strategy and policy), and management of regional facilities.

e) request the Auckland Council Chief Executive to report back to the Governing Body monthly on implementation progress in relation to d) including:

i) a detailed timeline;

ii) operating model; and

iii) service continuity and risk management.

Auckland Transport

f) note the recent announcement on 3 December outlining central government’s decision to proceed with legislation change that will enable:

i) strategy, policy and planning functions to return to Auckland Council;

ii) establishment of a new Auckland Regional Transport Committee with a focus on long-term, integrated transport planning;

iii) Auckland Council to assume the role of Road Controlling Authority;

iv) greater local decision-making over certain transport decisions for local streets and neighbourhoods;

v) Auckland Transport to be retained as a CCO focused on delivering transport projects and services (as decided by Auckland Council)

g) note that due to the scope and scale of transport reform as outlined in the body of this report further advice is required to support future decision-making of the Governing Body

h) request the Auckland Council Chief Executive provide advice to prepare for change in parallel to central government’s legislative process that considers:

i) principles to guide council’s approach to transport reform that reflect the overall intention of this CCO reform package and legislation change;

ii) detailed options analysis about how transport functions could be delivered in the future state, in line with the intent of this CCO reform package and legislative change;

iii) a proposed phased approach to future decision-making and implementation of reforms, including an indicative timeline, that allows the implementation of decisions to be taken prior to legislation being enacted.

Overall

i) agree to the following principles to guide non-structural changes to strengthen the CCO model:

i) council prioritises setting strategic direction for CCOs, where gaps exist;

ii) increasing oversight over CCO planning and delivery to regional growth plans;

iii) accelerate the roll-out of Group Shared Services (as agreed by the Budget Committee on 4 December);

iv) consider what additional services council should provide to CCOs, including back-office functions;

v) improving board appointment and performance review process.

j) request the Auckland Council Chief Executive to provide advice in line with i)

k) delegate to the Auckland Council Chief Executive the ability to undertake all necessary steps and execute all necessary documents, on behalf of the council, to facilitate the implementation of resolutions (d) to (j) above

l) request the chief executives and boards of the Auckland Council Group to work collaboratively with the Auckland Council Chief Executive on implementation of the changes and the provision of advice outlined in resolutions (d) to (j) above

m) note that staff provided a draft implementation framework that was distributed ahead of today’s meeting to support the Governing Body with the decisions above

Tātaritanga me ngā tohutohu

Analysis and advice

CCO reform package

8. I acknowledge that CCOs have been delivering critical and important services to Aucklanders since amalgamation. They have been operating within the model that was created and are a product of the system they exist within.

9. My intention with this proposal isn’t to assess or diminish the performance of individual CCOs but to consider whether the existing model is fit-for-purpose.

10. My CCO reform package is a response to the question on whether we are best structured to deliver on our ambitious Long-term Plan 2024-2034 (LTP) and its broader vision. Importantly, it seeks to strengthen council’s ability to support us to make more integrated decisions.

11. After a decade of tinkering with the model through CCO reviews, implementing multiple associated recommendations that include strengthening accountability measures like the letters of expectation process, we are still contending with issues of public trust and confidence with the Auckland Council Group.

12. In the direction document, we ask if reform could address ongoing concerns with CCOs, like public trust and confidence, strategic alignment, democratic accountability, cost effectiveness and the ability to deliver on council’s plans. It specifically asks for options and advice on how we could:

· improve democratic accountability over projects and services delivered to Aucklanders by CCO’s;

· increase strategic alignment between council decision making and what CCO’s do for Aucklanders;

· improve the effectiveness and efficiency of how council group operates.

13. In response to that direction, staff provided analysis on a range of matters, including the rationale for and performance of the current CCO model, and structural reform options for three CCOs – Auckland Transport, Eke Panuku and Tātaki Auckland Unlimited. This advice was attached to the Budget Committee agenda for 4 December 2024.

14. Through the analysis, it is clear that if we want to address the challenges embedded within the CCO model, we must change the system itself. This means structural reform and cultural change.

15. Advice includes the full range of options requested, and the advantages and disadvantages of those options for each CCO. I have based my reform package on this advice and what I assess to be the best options to deliver on the problem statement set out in the direction document.

16. The principle-based approach that has informed staff advice is also the approach I have taken with this reform package, namely:

· ensuring CCOs have a clear, narrow purpose to support more effective delivery of services;

· focusing CCOs on delivery of a narrower range of services for which performance can be better defined and measured;

· returning strategy, planning and policy making to council to support a more coordinated and prioritised approach to investment decisions;

· promoting greater efficiency by addressing fragmentation and duplication of effort across the group; and

· transferring functions to council where this could support greater integration or local decision-making.

17. A CCO model can work effectively if properly executed. In my view, this means policy, planning, strategy, and funding (“the thinking”) is provided by the council and the delivery (“the doing”) is executed by CCOs.

18. Currently, our CCOs are making strategic and policy decisions that should be made under the direct oversight of elected members. By reversing this, we put ourselves in the best position to provide a more holistic approach to investment decisions, with greater visibility across the group and its functions. As a result, we can better prioritise where we spend our resources while being more democratically accountable to Aucklanders.

19. Another key consideration is how we best utilise our size, our role as a unitary authority, and our influence on how Auckland grows.

20. By bringing decisions on land use planning, economic development, urban regeneration, transport, and other significant infrastructure into one place, councillors can better align priorities and investment in a co-ordinated, strategic way that improves productivity and drives the right type of growth.

21. Having more commercial expertise alongside land-use planning functions will also help us improve the way we deliver planning and support development.

22. My CCO reform package assumes no reduction to service levels or investment – we must continue to deliver what Aucklanders need and expect from us and what we agreed through the LTP. However, we can do so in a more integrated and co-ordinated way that leverages our size and role more effectively.

23. Simply, this means getting more from what we already have, being smarter with the way we invest ratepayer dollars.

Structural change

24. As outlined in staff advice, any structural change should be consistent with the original intent of the Royal Commission and seek to narrow the focus of existing CCOs to delivery, as well as return strategy, planning and policy to council and our elected members.

25. To support a more integrated approach to the way we provide services, maximise the skills and knowledge of our staff across the group, align similar council functions, and eliminate duplication I propose:

· transferring and integrating all of Eke Panuku’s functions (including urban regeneration, property management and marina management) to Auckland Council to strengthen council’s ability to coordinate planning, strategy and delivery in a place-based way, including around strategic growth opportunities and large-scale developments;

· transferring and integrating economic development from Tātaki Auckland Unlimited to Auckland Council to strengthen council’s ability to provide a more coordinated approach to wider economic development activities and improve productivity;

· Tātaki Auckland Unlimited retaining destination marketing and major events function (with council responsible for the relevant strategy and policy) and management of regional facilities.

26. Future implementation advice should consider how council can establish a more coordinated single entity decision-making approach to the city centre.

27. As part of advice on any future operating model, I expect the chief executive to consider the consolidation of all group events and major activation functions to remove any duplication and build a dedicated Auckland events delivery function within Tātaki Auckland Unlimited. However, careful thought should be given to local events and how we continue to enable that activity to be delivered the way local communities and local boards expect.

28. I would also like options on how we provide Aucklanders greater clarity and focus on Auckland Council’s role as policymaker and funder of major events. This should include a potential name change for Tātaki Auckland Unlimited so Aucklanders can better understand what they deliver.

29. Since the release of my draft proposal, I have been engaging with Auckland’s accommodation and tourism sector, at their request. Their advocacy on the funding of major events and destination marketing, through a bed night visitor levy, has been thoughtful.

30. I have engaged in many other discussions with this sector in my recent travels to Brazil and China, as well as hearing about funding and delivery models in major Australian states. It appears that this works best when there is a single delivery agency that is well funded. But the policies and strategies for destination and major events functions should be decided by council with clear priorities and metrics set for the delivery agency.

31. I acknowledge that a non-ratepayer funding model based on a bed night visitor levy will require industry oversight and input. Given the industry support for the ongoing involvement of Tātaki Auckland Unlimited, based on the already established Destination Partnership Advisory Group, and existing systems and tools that support destination marketing and major events functions, I have adjusted my approach to this part of the reform package.

32. While this proposal is largely focused on bringing services in-house, I recognise that Auckland Council should also consider how it can provide the best outcomes for Auckland in the best and most efficient way possible. This means, incorporating learning from staff and teams currently sitting in CCOs as part of any future implementation plan.

Non-structural change

33. To support change and provide greater control and direction over our CCOs, I am proposing changes are made to council’s director appointment policy and performance review process.

34. Changes should enable appointment of directors who have the right skillsets aligned with the delivery focus of each CCO and a more streamlined process for recruitment and appointment of those directors.

35. Overarching principles should be employed when considering how we strengthen the CCO model through non-structural change. These should include how we can better prioritise strategic direction for CCOs, increasing oversight over CCO planning and delivery to growth plans, and as outlined above, improving the board appointment and performance review process.

36. I am interested in exploring all other non-structural initiatives outlined in staff advice that includes:

· strengthening council policy capability;

· regular monitoring of CCO performance and alignment against council’s strategic direction;

· expanding support for elected members including learning and development opportunities;

· developing a council strategy for destination marketing and major events that sets clear priorities and metrics to measure the performance of TAU.

37. As agreed by the Budget Committee on 4 December, the Group Shared Services programme will be accelerated to support reform.

38. Cultural change, especially within Auckland Transport, must follow if reform is to be as successful as it should be. A programme of work should be included in any implementation plan that assists in building and supporting the environment necessary to manage positive change.

39. We should also use this opportunity to consider how we can work better with Māori, providing more coordinated and strategic engagement, and greater opportunities to integrate iwi aspirations into council operations.

40. Mana whenua interests should be preserved and when considering a future state, we must improve access to expertise across all functions. Future advice should consider learnings from areas that currently do this better than others.

Auckland Transport

41. On Tuesday 3 December, announcements were made outlining central government’s decision to proceed with legislative reform for Auckland Transport.

42. Legislation change will enable:

· strategy, policy and planning functions to return to Auckland Council;

· establishment of a new Auckland Regional Transport Committee with a focus on long-term, integrated transport planning;

· Auckland Council to assume the role of Road Controlling Authority;

· greater local decision-making over certain transport decisions for local streets and neighbourhoods;

· Auckland Transport to be retained as a CCO focused on delivering transport projects and services (as decided by Auckland Council).

43. To support this change and provide for continuity of services, a transition period of six months will be provided after legislation is enacted.

44. The scope and scale of transport reform is different to other structural changes I have identified in this report. Given the associated complexity, I want any related advice to be provided to us separately, acknowledging that changes to transport will be managed on a different timeline.

45. However, this shouldn’t preclude us from doing everything we can to prepare for change and to manage our approach in parallel with central government’s legislative process.

46. Advice should therefore consider:

i) principles to guide council’s approach to transport reform that reflect the overall intention of this CCO reform package and legislation change;

ii) detailed options analysis about how transport functions could be delivered in the future state, in line with the intent of this CCO reform package and legislative change;

47. This advice should cover all transport functions (statutory and non-statutory) and include the council provision of back-office functions to Auckland Transport like communications and marketing, legal and financial services.

48. I expect Auckland Transport’s board and executive to fully participate in change and to work collaboratively with Auckland Council’s Chief Executive as we prepare for legislative reform.

49. Engagement with the Remuneration Authority should take place to consider an out of cycle remuneration review in response to transport reform and increases to elected member responsibilities.

Implementation

50. As set out in staff advice, my proposed CCO reform package doesn’t specifically require public consultation under the Local Government Act 2002. Additionally, it would also delay implementation and create further unnecessary uncertainty for our people.

51. Further to this, I have engaged with the chief executives of Eke Panuku and Tātaki Auckland Unlimited and confirmed they share my view that public consultation would delay decision-making and be detrimental to staff.

52. I want to acknowledge the role of the PSA and their ongoing positive engagement through this process. They are integral to the way we manage the integration of our people and I expect they will be involved with every phase of any future implementation programme.

53. During several workshops, councillors voiced concerns over the level of detail provided to them on implementation matters and the potential outcomes of any structural change. As a result, staff provided further advice on the matter, which will be distributed ahead of today’s meeting to support today’s decisions.

54. The draft framework outlines the required programme of work, the principled approach to change, council’s capacity to manage such change, risk and mitigations and next steps.

55. I expect that as a result of decisions taken today, Auckland Council’s Chief Executive will regularly update us on all matters related to implementation, including a more detailed timeline, any future operating model (where things will “sit”), service continuity and risk management.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Mayoral Proposal

Ngā kaihaina

Signatories

Author

Mayor Wayne Brown

Governing Body

12 December 2024

Submission on LGNZ Electoral Reform Working Group Issues Paper

File No.: CP2024/17181

Te take mō te pūrongo

Purpose of the report

1. To agree Auckland Council’s submission to the Local Government New Zealand (LGNZ) Electoral Reform Working Group’s Issues Paper.

Whakarāpopototanga matua

Executive summary

2. The public are invited to provide feedback on an Issues Paper that has been published by the Electoral Reform Working Group under the auspices of LGNZ. Submissions close on 19 January 2025. A copy of the Issues Paper is in Attachment A.

3. The Electoral Reform Working Group has been established in the context of declining voter turnout at elections and the prospect of postal voting becoming non-viable in the near future. There need to be efforts to strengthen local government’s democratic mandate, with a focus on increasing participation in local elections.

4. The report summarises the key points made in the draft submission under the relevant issue headings.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whiwhi / receive local board feedback in Attachment B and any further feedback tabled at the meeting.

b) whakaae / approve the submission in Attachment C on the Local Government New Zealand’s Electoral Reform Working Group’s Issues Paper which will include all local board feedback.

Horopaki

Context

5. The National Council of LGNZ set up the Electoral Reform Working Group to lead efforts to strengthen local government’s democratic mandate, with a focus on increasing participation in local elections.

6. Members of the working group are:

· Mayor Hon Dr Nick Smith, Nelson City (Chair)

· Mayor Campbell Barry, Hutt City

· Councillor Toni Boynton, Whakatāne District, Co-Chair Te Maruata

· Professor Andrew Geddis, University of Otago

· Mayor Susan O'Regan, Waipā District

· Mayor Rehette Stoltz, Gisborne District.

7. The working group’s issues paper focusses on five key topics:

· The public’s understanding of local government and why it is important

· Understanding the candidates and their policies

· Voting methods

· Administration and promotion of elections

· The possibility of moving to four-year terms (including how this would work).

8. Feedback on the issues paper will help shape the group’s position paper. A draft position paper will be open for discussion from March to May 2025.

9. The issues paper is on the LGNZ website and available to the public for their comment.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The following are the issues and options that are presented in the issues paper, with a summary of key points made in the draft submission.

Issue 1: The public’s understanding of local government and why it is important

11. Options in the paper for addressing Issue 1 include:

· Greater support for delivery of civics in schools

· Strengthened civics education requirements in the New Zealand Curriculum

· Partnering with community organisations to better engage people who aren’t participating

· Nationwide promotion of local government’s work and value

· Greater use of localism approaches by councils

· Enhancing how councils communicate their value

· Introduce a stewardship function that includes a role of promoting the role of councils.

12. Issue 1 consultation questions:

i) What should be done to improve understanding of local government and its value, and who should hold responsibility for this?

ii) What should be done, given the decline in local media, to increase visibility of local government work and local elections?

13. The draft submission:

· Notes the various engagement mechanisms used by Auckland Council and the number of participants for some of these

· Explains recent deliberative democracy exercises the council has used, through which participants gain knowledge of Auckland Council

· Notes that the voteauckland.co.nz website has a significant reach (over one-quarter million visitors for the 2022 elections)

· Supports the inclusion of civics education in schools

· Notes that the council provides teaching resources for schools that can be downloaded from its website

· Notes there are 52,529 subscribers to Our Auckland

· Notes the pre-election report was downloaded 954 times

· Notes that each local board has a Facebook page

· Notes that although responsibility for civics in schools might lie with the Ministry of Education, most activities as described above lie with the council itself

· Notes that turnout for Māori is lower than for non-Māori and this should be considered by the Electoral Reform Working Group.

Issue 2: Understanding candidates and their policies

14. Options in the paper for addressing Issue 2 include:

· A centralised digital platform providing candidate information to voters

· Require candidates to provide an explanation of their policies.

15. Issue 2 consultation questions:

iii) How should voters receive better information on candidates and their policy positions and whose role should it be?

iv) Is it important to improve candidate knowledge of local government, and if so, how should this be done?

16. The draft submission:

· Notes that so long as councils are responsible for elections the primary website for election information should be the council’s website so that candidates and voters know where to go in the first instance, but this can link to other useful websites such as policy.nz and votelocal.co.nz

· Notes local board feedback about languages and suggests that a candidate’s profile statements could optionally be repeated in one other language

· Recommends the need for care around designing questions to draw out candidate policy positions as personal competence in decision-making, experience and community involvement are also important, as are financial and cultural literacy

· Supports moves to improve candidates’ knowledge of local government.

Issue 3: Voting methods

17. Options in the paper for addressing Issue 3 include:

· Postal voting, booth voting, online voting (the paper lists advantages and disadvantages of each)

· Options to improve the existing postal system, such as making it possible for voters to download voting papers rather than have them posted.

18. Issue 3 consultation questions:

v) Given the challenges outlined, what should be the future method (or methods) of voting in local elections, and why?

vi) Should the voting method (or methods) be nationally consistent or decided locally, and why?

vii) What short-term improvements should be made to the postal voting system, until a permanent solution can be implemented?

19. The draft submission:

· Suggests that when postal-voting is no longer viable and council elections use booth voting there are good reasons for Parliamentary and local elections to be held together and sets out some advantages and disadvantages for this approach

· Supports online voting as an additional method (not a replacement method) when it is considered secure and makes suggestions for further exploration

· Notes that reliance on NZ Post is primarily in regard to the delivery of voting documents and not so much in regard to the collection of voting documents since many councils are now providing ballot boxes at supermarkets and other places

· Supports voting methods being decided nationally rather than different councils using different methods to mitigate voter confusion.

Issue 4: Administration and promotion of elections

20. Options in the paper for who is responsible for the administration of local elections include:

· Councils administer elections in-house

· Councils outsource administration to commercial third-parties

· Electoral Commission administers elections.

21. Options for who could be responsible for promoting local elections include:

· Councils (in-house)

· A national umbrella organisation (either funded by councils or centrally)

· The Electoral Commission.

22. Issue 4 consultation questions:

viii) Who should administer local elections, and why?

ix) Who should be responsible for promoting local elections, and why?

23. The draft submission:

· Notes that if local elections continue to lie with councils the current arrangements work well, including contracting to an experienced election services provider

· Notes that the council has supported the administration of local elections by the Electoral Commission in principle

· Notes there might be issues around how this is funded and notes the need for collaboration with councils to avoid a one-size-fits-all approach.

Issue 5: Four-year terms (including transition and implementation)

24. Options in the paper for aligning local and central government four-year terms include:

· One year apart – to allow three years with stable central and local government

· Two years apart – every two years there is either a central government election or local government election

· In same year or even concurrently. If concurrent this could lead to higher turnout for local elections however voting would be more challenging to the voter who would need to vote for: electorate Member of Parliament, Parliamentary political party, Mayor, ward councillor, local board members. It would also provide four years without elections.

25. Ideas on transition:

· The paper seeks views on whether changing the term from three to four years should affect planning documents that are based on a three-year term, such as the Long-term Plan.

· In addition, it would make sense for the term of appointment to council-controlled organisations to move to four years.

26. Noting that moving to a four-year term could decrease elected members’ accountability to the electorate, options in the paper to address accountability include:

· Retain status quo arrangements for Ministerial powers of intervention

· Minister to have stronger powers of intervention, councils to have stronger codes of conduct and stronger powers for chairs of meetings

· Recall elections – a petition can trigger a re-election in order to remove one or more members

· An external body or stewardship agency to hold elected members to account.

27. Issue 5 consultation questions:

x) Which of the three timing options, for a four-year term, do you prefer?

xi) How should councils’ budget and planning cycles be adjusted to a four-year term?

xii) Do four-year terms for local councils require increased accountability mechanisms, and if so, which do you support?

28. The draft submission:

· Supports a four-year term

· Notes there could be an occasional by-election caused by the resignation of a member who cannot defer resignation until the final 12 months of the term

· Suggests that the LTP remain a 10-year document but reviewed every four years to align with the term

· Notes there could be advantages of concurrent local and central elections if local elections move to booth voting; otherwise local and central elections would be two years apart

· Notes the Minister already has sufficient powers of intervention

· Notes the possibility of recall elections but suggests there should be a high threshold to triggering a recall election in view of the cost of elections.

Other

29. The paper invites any other ideas or options to improve participation in local elections. The draft submission does not include additional suggestions.

Climate impact statement

30. None of the matters raised in the Issues Paper or discussed in the council’s submission impact on climate directly.

31. There may be some benefit in moving to a four-year term in that, as with any planning or project, a four-year timeframe could provide a longer period of focussed work on issues like climate which is not interrupted by the election cycle.

Auckland Council group impacts and views

32. The council group is not directly affected.

Financial implications

33. Further efforts to promote election turnout might have a cost however there are major efficiencies to be gained by moving to a four-year term.

Risks and mitigations

34. There is minimal risk in the position taken by the council as a result of this submission. All submissions will inform a draft position paper which will be published early next year for further comment.

Tauākī whakaaweawe Māori

Māori impact statement

35. Voter turnout statistics indicate that turnout is low overall (between 30 and 40 per cent) and, for voters of Māori descent, even lower.

36. Council staff are currently engaging with mana whenua groups and mataawaka in preparation for the 2025 elections in order raise awareness of the upcoming elections.

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

Local impacts and local board views

37. Processes for increasing voter turnout could have a significant impact at the local level.

38. All local boards have had the opportunity to provide feedback. Any feedback received before the submission date will be appended to the council’s submission on the issues paper. At the time of writing this agenda report, 17 local boards had provided feedback (see Attachment B).

Ngā koringa ā-muri

Next steps

39. Staff will communicate the council’s submission to the Electoral Reform Working Group.

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Local Electoral Reform Issues Paper
b	Local Board feedback on the Electoral Reform Working Group's Issues Paper
c	Draft submission on the Electoral Reform Working Group's Issues Paper

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor Governance

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Megan Tyler - Director Policy, Planning and Governance

Phil Wilson - Chief Executive

Governing Body

12 December 2024

Referred from Regulatory and Safety Committee - Proposed changes to council dog policy and bylaw

File No.: CP2024/19099

Te take mō te pūrongo

Purpose of the report

1. To receive the recommendations from the Regulatory and Safety Committee on the Proposed changes to council dog policy and bylaw.

Whakarāpopototanga matua

Executive summary

2. The Regulatory and Safety Committee considered the Proposed changes to council dog policy and bylaw at its meeting on 3 December 2024.

3. The Regulatory and Safety Committee resolved as follows:

“Resolution number RSCCC/2024/1

That the Regulatory and Safety Committee:

a) tuhi ā-taipitopito / note that in July 2024, Auckland Council completed a statutory review of the Auckland Council’s Kaupapa no ngā Kurī | Policy on Dogs 2019 and Ture ā Rohe Tiakina Kurī | Dog Management Bylaw 2019 (RSCCC/2024/47).

b) whakaae / agree that Option 2, to amend both the Auckland Council Policy on Dogs 2019 and Dog Management Bylaw 2019, is the most appropriate option to respond to the findings of the statutory review completed in July 2024.

c) tūtohungia / recommend that the Governing Body whai / adopt the Statement of Proposal in Attachment A of this agenda report for public consultation using the Local Government Act 2002 special consultative procedure:

i) to amend the Auckland Council Policy on Dogs 2019

ii) to amend the Auckland Council Dog Management Bylaw 2019.

d) tūtohungia / recommend that the Governing Body whakaū / confirm that the proposed amended Auckland Council Policy on Dogs 2019 and Dog Management Bylaw 2019:

i) has regard to matters in section 10(4) of that Dog Control Act 1996

ii) is the most appropriate form of bylaw

iii) does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

e) tūtohungia / recommend that the Governing Body tautapa / delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report and Policy on Dogs 2019 to correct errors or omissions (including errors in the migration of dog access rules into the Policy adopted in GB/2019/71), insert maps or to reflect decisions made by the Regulatory and Safety Committee or the Governing Body.

f) kopou / appoint Cr Bartley as chair and Cr Filipaina from the Governing Body and invite Houkura / the Independent Māori Statutory Board to appoint one representative to form a Policy and Bylaw Panel to attend ‘Have Your Say’ events where appropriate, hear local board views on public feedback and make recommendations to the Governing Body on public feedback to the Statement of Proposal in Attachment A of this agenda report.

g) tautapa / delegate authority to the Regulatory and Safety Committee chair to make replacement appointments to the Policy and Bylaw Panel if a panel member is unavailable.

h) 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

ii) make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors or omissions, insert maps or to reflect decisions made by the Regulatory and Safety Committee.”

4. Clause c) of the decision from the Regulatory and Safety Committee recommends that the Governing Body adopt the statement of proposal.

5. Clause d) of the decision from the Regulatory and Safety Committee recommends that the Governing Body confirm that the proposed amended Auckland Council Policy on Dogs 2019 and Dog Management Bylaw 2019:

6. Clause e) of the decision from the Regulatory and Safety Committee recommends that the Governing Body / delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal

7. The original Proposed changes to council dog policy and bylaw report to the Regulatory and Safety Committee can be accessed at this link.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whai / adopt the Statement of Proposal in Attachment A of this agenda report for public consultation using the Local Government Act 2002 special consultative procedure:

i) to amend the Auckland Council Policy on Dogs 2019

ii) to amend the Auckland Council Dog Management Bylaw 2019.

b) whakaū / confirm that the proposed amended Auckland Council Policy on Dogs 2019 and Dog Management Bylaw 2019:

i) has regard to matters in section 10(4) of that Dog Control Act 1996

ii) is the most appropriate form of bylaw

iii) does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c) tautapa / delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report and Policy on Dogs 2019 to correct errors or omissions (including errors in the migration of dog access rules into the Policy adopted in GB/2019/71), insert maps or to reflect decisions made by the Regulatory and Safety Committee or the Governing Body.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Sandra Gordon - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor
Authoriser	Phil Wilson - Chief Executive

Governing Body

12 December 2024

Referred from Regulatory and Safety Committee - Proposed changes to council cemetery bylaw and code

File No.: CP2024/19109

Te take mō te pūrongo

Purpose of the report

1. To receive the recommendations from the Regulatory and Safety Committee on the Proposed changes to council cemetery bylaw and code.

Whakarāpopototanga matua

Executive summary

2. The Regulatory and Safety Committee considered the Proposed changes to council cemetery bylaw and code at its meeting on 3 December 2024.

3. The Regulatory and Safety Committee resolved as follows:

“Resolution number RSCCC/2024/1

That the Regulatory and Safety Committee:

a) tuhi ā-taipitopito / note that in July 2024, Auckland Council completed a review of the Auckland Council Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and Crematoria Bylaw 2014 and Arataki Tikanga mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and Crematoria Code of Practice 2014.

b) whakaae / agree that a statutory bylaw review of the Auckland Council Cemeteries and Crematoria Bylaw 2014 is complete, including that:

i) a bylaw is still the most appropriate way to help minimise public safety risks, misuse, obstruction, and damage at council cemeteries and crematoria

ii) the current Bylaw does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990

iii) the current Bylaw is not the most appropriate form of bylaw (could be improved).

c) whakaae / agree that Option 2C, to amend the Auckland Council Cemeteries and Crematoria Bylaw 2014 and to revoke the Cemeteries and Crematoria Code of Practice 2014, is the most appropriate option to respond to the review findings.

d) tūtohungia / recommend that the Governing Body whai / adopt the Statement of Proposal in Attachment A of this agenda report for public consultation using the Local Government Act 2002 special consultative procedure to:

i) amend the Auckland Council Cemeteries and Crematoria Bylaw 2014

ii) revoke the Auckland Council Cemeteries and Crematoria Code of Practice 2014.

e) tūtohungia / recommend the Governing Body whakaū / confirm that the proposed amended Auckland Council Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and Crematoria Bylaw 2014:

i) is the most appropriate form of bylaw

ii) does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

f) tūtohungia / recommend that the Governing Body tautapa / delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors or omissions or to reflect decisions made by the Regulatory and Safety Committee.

g) kopou / appoint Cr Bartley as chair and Cr Leoni from the Governing Body and invite Houkura / the Independent Māori Statutory Board to appoint one representative to form a Bylaw Panel to attend ‘Have Your Say’ events where appropriate, hear local board views on public feedback and make recommendations to the Governing Body on public feedback to the Statement of Proposal in Attachment A of this agenda report.

h) tautapa / delegate authority to the Regulatory and Safety Committee chair to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

i) 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

ii) make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors or omissions, or to reflect decisions made by the Regulatory and Safety Committee or the Governing Body.

4. Clause d) of the decision from the Regulatory and Safety Committee recommends that the Governing Body adopt the statement of proposal.

5. Clause e) of the decision from the Regulatory and Safety Committee recommends that the Governing Body confirm that the proposed amended Auckland Council Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and Crematoria Bylaw 2014:

6. Clause f) of the decision from the Regulatory and Safety Committee recommends that the Governing Body / delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal

7. The original Proposed changes to council dog policy and bylaw report to the Regulatory and Safety Committee can be accessed at this link.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whai / adopt the Statement of Proposal in Attachment A of this agenda report for public consultation using the Local Government Act 2002 special consultative procedure to:

i) amend the Auckland Council Cemeteries and Crematoria Bylaw 2014

ii) revoke the Auckland Council Cemeteries and Crematoria Code of Practice 2014.

b) whakaū / confirm that the proposed amended Auckland Council Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and Crematoria Bylaw 2014:

i) is the most appropriate form of bylaw

ii) does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Sandra Gordon - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor
Authoriser	Phil Wilson - Chief Executive

Mayor	Wayne Brown
Deputy Mayor	Cr Desley Simpson, JP
Councillors	Cr Andrew Baker	Cr Mike Lee
	Cr Josephine Bartley	Cr Kerrin Leoni
	Cr Angela Dalton	Cr Daniel Newman, JP
	Cr Chris Darby	Cr Greg Sayers
	Cr Julie Fairey	Cr Sharon Stewart, QSM
	Cr Alf Filipaina, MNZM	Cr Ken Turner
	Cr Christine Fletcher, QSO	Cr Wayne Walker
	Cr Lotu Fuli	Cr John Watson
	Cr Shane Henderson	Cr Maurice Williamson
	Cr Richard Hills

Resolution Number	Item	Status
GB/2024/166	Plan to make the most of Auckland's Port and Waterfront	Staff are working with POAL and the unions to schedule first tripartite accord meeting
GB/2024/167	Watercare Treasury Transition	Auckland Council/Watercare debt facility agreement has had a detailed term sheet agreed in principle and will be endorsed by Watercare on 11 December 2024. Auckland Council/Watercare treasury services agreement has been agreed in principle and will be endorsed by Watercare on 11 December 2024.
GB/2024/170	Update on 'Regional Deal' Proposal	A meeting of the Regional Deal Political Working Group (PRG) has been scheduled 17 December. An expression of interest will be submitted by 18 December 2024. The LB Chairs will consider an item on nominating two representatives for the PRG at their next meeting. Further meetings of the PRG will be scheduled late January and mid February prior to the GB approving the 28 February submission..

Date	Subject
27.11.24	Memorandum – Update on voting locations for the 2025 Auckland Council Election
27.11.24	Memorandum - Updating elected members on the proposed policy refresh: Business Improvement District (BID) Policy (2022)
28.11.24	Memorandum – Update: Auckland Council (Auckland Future Fund) Bill
5.12.24	Memorandum – Main Stadium – Feasibility Study Update

No.	Title	Page
a	Forward Work Programme
b	Memorandum – Update on voting locations for the 2025 Auckland Council Election, 27 November 2024 (Under Separate Cover)
c	Memorandum - Updating elected memers on the proposed policy refresh: Business Improvement District (BID) Policy (2022), 27 November 2024 (Under Separate Cover)
d	Memorandum – Update: Auckland Council (Auckland Future Fund) Bill, 28 November 2024 (Under Separate Cover)
e	Memorandum – Main Stadium – Feasibility Study Update, 5 December 2024 (Under Separate Cover)

Author	Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
Authoriser	Phil Wilson - Chief Executive

Exclusion of the Public: Local Government Official Information and Meetings Act 1987