Agenda of Waiheke Local Board - Wednesday, 26 February 2025

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, 11 December 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

The Waiheke Local Board acknowledges the sad passing of Robyn (Bob) Bailey, and passes condolences to her partner Susan and her family. Bob was a long-time Waiheke resident, co-founder of the Blackpool Residents’ Association, and founding member of Waiheke Extinction Rebellion. Bob is remembered for being brave, adventurous, optimistic, and a fierce advocate for social and environmental justice.

The Waiheke Local Board acknowledges the mahi of Mary Webb who is stepping down from the role of convenor for the Kennedy Point residents’ group. Mary’s intiative in communicating with her neighbours during the first days of the Covid-19 lockdown developed into a robust residents’ network that is a model of community resilience and connection. We are grateful to Mary for her initiative.

7 Ngā Petihana | Petitions

7.1 Petition from James Stainton - Waiheke Native Tree and Korora Habitat Project

Te take mō te pūrongo

Purpose of the report

1. The purpose of the report is to present a petition from James Stainton regarding the Waiheke Native Tree and Korora Habitat Project .

Whakarāpopototanga matua

Executive summary

2. James Stainton representing a group of community volunteers is presenting a petition calling for landowner approval from Auckland Council to allow the Waiheke Native Tree and Korora Habitat Project to proceed on public land 89b Great Barrier Rd, Oneroa.

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a) receive the Waiheke Native Tree and Korora Habitat Project petition from James Stainton.

b) thank James Stainton for his presentation and attendance.

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.

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

10 Ngā Pakihi Autaia | Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

No.	Title	Page
a ⇩	Chairperson's report - February 2025	11

No.	Title	Page
a ⇩	Urgent decision 14 February 2025 - Gene Technology Bill	15
b ⇩	Waiheke Local Board submission on the Gene Technology Bill 2025	17

Waiheke Local Board

26 February 2025

Auckland Council's Quarterly Performance Report: Waiheke Local Board for quarter two 2024/2025

File No.: CP2025/01198

Te take mō te pūrongo

Purpose of the report

1. To receive the Waiheke Local Board’s integrated quarterly performance report for quarter two, 1 October to 31 December 2024.

Whakarāpopototanga matua

Executive summary

2. This report includes financial performance, progress against work programmes, key challenges the board should be aware of and any risks to delivery against the 2024/2025 work programme.

3. The work programme is produced annually and aligns with Waiheke Local Board Plan outcomes.

4. The key activity updates from this quarter are:

· Rangihoua Reserve and Onetangi Sports Park Management Plan (1329) The final plan was approved at the 10 October 2024 Rangihoua Reserve and Onetangi Sports Park Reserve Management Plan deliberations and decision-making meeting.

· Walking and cycling promotion (659) Biketober was delivered in October 2024 by Cycle Action Waiheke. Events included a Family Scavenger Hunt, Bike Pecha Kucha, Labour Day Loop Road Ride, and the popular Bike to School Day, attended by 65 riders from Te Huruhi School and Waiheke Primary.

· Citizens Advice Bureau interior and exterior renewals (36658) The project to renew the interior and exterior of the building including the water tank and the timber footbridge was completed in November.

· Event Partnership Fund – Christmas Event (431) The Waiheke Christmas Celebration - The Heart of Christmas took place on 14 December 2024 and was a great success.

5. All operating departments with agreed work programmes have provided a quarterly update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). The following activities are reported with a status of red (behind delivery, significant risk):

· Swimming pool development fund (2822) Staff have contacted the Waiheke Pool Society to provide support for project planning. Further updates will be provided in quarter three.

6. The financial performance report for the quarter in Attachment B is excluded from the public. This is due to restrictions on half-year annual financial reports and results until the Auckland Council Group results are released to the NZX on or about 28 February 2025.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) receive the integrated performance report for quarter two ending 31 December 2024.

b) note the financial performance report in Attachment B of the agenda report will remain confidential until after the Auckland Council Group half-year results for 2024/2025 are released to the New Zealand Exchange (NZX), which are expected to be made public on or about 28 February 2025.

Horopaki

Context

7. The Waiheke Local Board has an approved 2024/2025 work programme for the following:

· Customer and Community Services

· Local Environmental

· Auckland Emergency Management;

· Local Governance;

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and adviceLocal Board Work Programme Snapshot

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

Graph 2: Work programme performance by RAG status

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

Graph 3: Work programme performance by activity status and department

Key activity updates from quarter two

Local Board Plan Outcome: Our People

11. Build Capacity: Community-led housing initiatives (419) Staff have developed a funding agreement with the Waiheke Community Housing Trust to support capacity building and coordination.

12. Māori Responsiveness (420) Staff have developed a new funding agreement with Waiheke Adult Learning to continue Te Reo Māori courses in the 2025 calendar year. The $10,000 grant will support the ongoing participation and retention of mana whenua and mataawaka learners. Piritahi Marae is preparing to hold a strategic planning hui in Q3.

13. Operational grant for Waiheke Community Art Gallery (412) During this quarter 33 programmes were delivered with a total of 11708 attendees and participants. Highlights include the launch of Wayfind Creative, a career pathway programme supporting creatives with resources and capability-building in collaboration with The DEPOT, hosting the Hekate book launch, shortlisting the 2025 Artist in Residence which received a high level of engagement. Other highlights include the Diploma of Ceramics Assessment and exhibition in November, various exhibitions and artist talks by artists from both on and off the island, and the Walker and Hall Waiheke Art Award.

14. Operational grant for Artworks Theatre (414) During the quarter 37 programmes delivered with a total of 2350 participants and attendees. Highlights include producing the Waiheke Short Play Festival, which attracted 25 talented locals to write, produce, direct, and perform 6 short plays, a Birdlife Productions show teaching tamariki about the godwits/kuaka, hosting REHAB a dark comedy theatre production based on lived experience of addiction which saw high engagement from audiences, and the Community Christmas Show which attracted over 400 locals, including performances from Dance Out Loud youth group, and Radio Rebelde, a Latin Ska band.

15. Youth Outcomes (4123) Staff have supported the Rangatahi Rōpū to priortise next steps for implementing the recommendations of the youth needs assessment and have worked with Waiheke Adult Learning to develop a funding agreement to support this. A part time coordinator has been engaged to support rōpū and wider Waiheke youth network. The Rangatahi Rōpū hosted its first youth-led community event in December at Waiheke Library and will be holding a planning hui in January.

16. Event Partnership Fund – Christmas Event (431) The Waiheke Christmas Celebration - The Heart of Christmas took place on 14 December 2024 and was a great success. A briefing will be held in the near future.

Local Board Plan Outcome: Our Environment

17. Conservation Advocate (675) Waiheke Biodiversity Strategy: Ngāti Pāoa representatives attended a meet and greet to initiate the Biodiversity Strategy refresh. Ngāti Pāoa is now determining its approach to the strategy and will connect with Collective participants as needed. Responsible Pet Ownership: Regular monthly meetings have been held. A Responsible Pet Ownership brochure, branding, and Facebook page have been completed. A funding application has been submitted for an educational Responsible Pet Ownership film to be shown on ferry services and online channels.

18. Sustainable Community and Tourism (421) Planning has started for EcoFest to be delivered from 22 March to 22 April 2025, with multiple community events and providers showcasing our environment and promoting sustainable living across the motu.

19. Waiheke Environmental Fund (798) Four applications for round one of the Environmental Grants, totaling just over $35,000, were received. Two applications were recommended for funding, totaling $12,727. $17,727.20 was funded.

20. Waiheke Community Partnerships (Ratbusters): A total of 480 volunteer hours were recorded this quarter. Contractors finished the maintenance of baitlines, with the next baiting pulse scheduled for late January/early February.

21. Waiheke Water Project (629) In quarter two, several events were held, including the 24 October Freshwater Policy Discussion and 18 November International Toilet Day Workshop at Fossil Bay School, with a focus on sanitation. 26 newcomers received the ‘Welcome to Waiheke Pack’. The septic tank subsidy has led to 20 checks requested, with three completed on Rakino Island. On 7 October, WaiCare training was conducted with a specialist from the Island, and on 18 October, a water testing workshop at Fossil Bay engaged 13 kids. Additional training for 12 volunteers took place on 2 November, expanding freshwater monitoring. The 14 October hui with the Otakawhe Bay and Orapiu communities addressed stormwater management, while a Wetlands and Freshwater Ecology Workshop was held the same day. A Septic and Composting Tank Workshop was held on 5 December, and upcoming events include a Planting in Septic Fields workshop in February, and a Welcome to Waiheke event in March 2025.

22. Construction Waste Leadership (3039) Ongoing education on valuing resources, separating waste, recycling and avoiding landfilling resources that can be utilised on Waiheke Island are critical messages delivered by the project. Engagement on building sites is creating awareness of alternative opportunities to landfilling waste with more loads being pre-separated for donation at the resource recovery park. There has been activity on sites where offcuts are being sold to avoid going to waste. Demand for recovered building materials is strong from the resource recovery park. It has been positive to see some of the building teams shifting to recover and reduce their waste. There are a number of new builds to commence in January 2025 and the project has already engaged with these sites to plan for waste.

23. Climate Action Activator (626) In quarter two, we focused on energy projects. The Activator organized a guest speaker event with Mike Casey from Rewiring Aotearoa and is collaborating with the Winegrowers Association on a follow-up event and with Carbon Neutral Waiheke. We supported Terra and Tide's sustainability initiatives through the Waiheke Island Tourism Initiative and tested community engagement tools with a Climate Fresk workshop. The regional Community Climate Action Network Hui celebrated Waiheke’s Climate Action Plan milestones. A "Climate Waiheke" template was developed to keep the community updated on climate projects and track Climate Action Plan progress. A one-page feature in the Gulf News highlighted practical steps and progress.

24. The Waiheke Marine Education Initiative (624) The four Waiheke Schools are displaying their actions at the Waiheke Library until late December 2024. They appreciate the support of the Waiheke Local Board, which follows the project, attends events, and acknowledges the students' actions. Waiheke Resources Trust will facilitate the project in 2025, with their contract signed. The Waiheke High School Sustainability group has signed up for 2025, aiming to confirm student numbers after a promotional assembly in early 2025. Waiheke Primary has 60-70 students, Te Huruhi has 60 Ngā Porapora tamariki and 80 mainstream students, and Fossil Bay School has up to 20 students. Experiential learning days will occur at Enclosure Bay, Rangihoua Wetland, Ti Toki Reserve, and Owhanake Bay in 2025, focusing on improving environmental outcomes from Maunga to Moana.

25. Ngahere Strategy growing stage (31048) The local board prefer to use Waiheke's own nursery to supply trees, therefore the urban forest specialist and the local board are going to discuss how to utilise this funding to support their own nursery to grow council-qualified trees for future plantings.

26. Waiheke Ecological Volunteering and Environmental Programmes (2955) A total of 245 volunteer hours were recorded this quarter. This included participation from groups such as Friends of McKenzie Reserve, Friends of Te Toki Reserve, Shelly Beach Volunteers, Onetangi Residents Association, and Kaitiaki of Newton Reserve. Planning for the winter 2025 planting season is well underway, with initial site selection completed and planting plans submitted for review by internal teams to identify any issues with chosen sites.

27. Waiheke Community Partnership - Love Our Wetlands (586) Love Our Wetlands Waiheke (Waiheke Resources Trust) continued their efforts in pest plant control and ongoing planting activities throughout this quarter. A total of 502 volunteer hours contributed by 138 individuals were recorded this quarter. A total of 1,679 native trees were planted, primarily in the Rangihoua Wetland, and 13,312 square meters of weed control has been carried out this quarter.

Local Board Plan Outcome: Our Facilities and Open Spaces.

28. Rangihoua Reserve and Onetangi Sports Park Management Plan (1329) The final plan was approved at the 10 October 2024 Rangihoua Reserve and Onetangi Sports Park Reserve Management Plan deliberations and decision-making meeting.

29. Tawaipareira Reserve stage three (46522) The design team is working with consultants to refine design and finalise the design package. They will then engage with the identified stakeholders and proceed with physical works procurement.

30. Full Facilities maintenance contracts (985) Auditing results are positive and meeting our contract specification. Vandalism is still challenging on the island with our park assets and toilet facilities being heavily damaged and graffitied.

31. Arboriculture contracts (989) Aftercare continues on the trees planted in 2023 and 2024 trees have received their first visit. The summer watering programme has started and is our largest to date.

32. Ecological Restoration Contracts (987) Scheduled pest plant control was undertaken through a selection of sites including Te Toki, Kuakarau Bay Forest, Rangihoua, Okoka Bay, Tawaipareira, Putiki, Church Bay, Te Uri Karaka Te Waera and Victoria. Audit results have been pleasing. Approxiately 78% of the planned ecological maintenance work for this financial year has been completed.

33. Open Space toilets (31032) Investigating alternative toilet location at Omiha Beach, due to the cost of remediating the landslip near the current toilet building. We are working with our planners, Auckland Transport and Healthy Waters to refine potential options.

34. Citizens Advice Bureau interior and exterior renewals (36658) The project to renew the interior and exterior of the building including the water tank and the timber footbridge was completed in November.

35. Rakino Hall - remediate storm damage (47375) The concept plan has been presented to mana whenua and other key stakeholders with feedback received. Next steps: Present concept plan and project progress to local board for further direction.

36. Waiheke Play Advocacy (3834) The draft Play Plan has been circulated to the local board. This will be presented to the board in February or March 2025 to be adopted.

Local Board Plan Outcome: Our Economy

37. Walking and cycling promotion (659) Biketober was delivered in October 2024 by Cycle Action Waiheke. Events included a Family Scavenger Hunt, Bike Pecha Kucha, Labour Day Loop Road Ride, and the popular Bike to School day, attended by 65 riders from Te Huruhi School and Waiheke Primary. Waiheke Walking Festival will be delivered 21 March to 6 April 2025. The website is now open for online bookings with some walks already fully booked.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

39. Work programmes were approved in June 2024 and delivery is already underway. Should significant changes to any projects be required, climate impacts will be assessed as part of the relevant reporting requirements.

40. The local board is currently investing in a number of sustainability projects, which aim to build awareness around individual carbon emissions, and changing behaviour at a local level. These include:

· Climate Action programme

· Waiheke Marine Education Initiative

· Walking and Cycling promotion

· Bike Hub

· Ngahere Strategy and Action Plan

· Environmental programmes

· Waste minimisation initiatives.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41. When developing the work programmes council group impacts and views are presented to the local board.

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

Local impacts and local board views

42. This report informs the Waiheke Local Board of the performance for quarter two ending 31 December 2024.

Tauākī whakaaweawe Māori

Māori impact statement

43. Waiheke Adult Learning continues offer Te Reo Māori courses for the community with the aim of enabling access for mana whenua and mataawaka learners. The programme continues to meet participation and retention targets.

44. Piritahi Marae is planning a strategic hui, including a focus on facilitating wānanga to enhance the paepae with kaikaranga, kaikōrero, and manaakitanga, increasing digital technology capacity, and raising awareness of tikanga and protocols for visitors to the marae.

45. The Waiheke Local Board Plan 2023 identifies that the island has a rich Māori history with significant archaeological and cultural features, including pā and tapu sites. Parks, Community and Facilities Department regularly works with mana whenua, mātāwaka, the council and government agencies to ensure these sites are protected when executing operational activities.

Ngā ritenga ā-pūtea

Financial implications

46. This report is provided to enable the Waiheke Local Board to monitor the organisation’s progress and performance in delivering the 2024/2025 work programme. There are no financial implications associated with this report.

Financial Performance

47. Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, the Council is subject to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H. These obligations restrict the release of half-year financial reports and results until the Auckland Council Group results are released to the NZX on or about 28 February 2025. Due to these obligations the financial performance attached to the quarterly report is excluded from the public.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

49. The approved Customer and Community Services capex work programme include projects identified as part of the Risk Adjusted Programme (RAP). These are projects that the Community Facilities delivery team will progress, if possible, in advance of the programmed delivery year. This flexibility in delivery timing will help to achieve 100 per cent financial delivery for the financial year if projects intended for delivery in the current financial year are delayed due to unforeseen circumstances.

50. Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section.

Ngā koringa ā-muri

Next steps

51. The local board will receive the next performance update following the end of quarter three (31 March 2025).

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke Local Board quarter two work programme update	29
b ⇩	Waiheke Local Board quarter two Financial Performance Report - Confidential

Ngā kaihaina

Signatories

Author

Amelia Lawley - Democracy Advisor

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Janine Geddes – Acting Local Area Manager

Waiheke Local Board

26 February 2025

Local Board Transport Capital Fund Projects 2025-2026

File No.: CP2024/17798

Te take mō te pūrongo

Purpose of the report

1. The purpose of this report is to seek authorisation from Waiheke Local Board to allocate new approved funding of $380,358 which includes cost savings from a currently active project from its Local Board Transport Capital Fund for the 2025-2026 financial year to new projects for investigation and delivery.

Whakarāpopototanga matua

Executive summary

2. At its workshop on 4 December 2024, Auckland Transport informed the local board that it had been allocated additional funding after the finalisation of the 2024-2025 Regional Land Transport Plan.

3. The budget has been increased from $816,180 to $1,096,538 for the 3-year term.

4. There is a cost saving from a currently active project of $100,000

5. With the savings on current project and the additional budget, the local board has a total of $380,358 available for the remainder of the 3-year term to allocate to new projects.

6. The local board were presented with a list of candidate projects at the 4 December 2024 workshop together with the indicative costs of the projects. The local board is now invited to allocate funding to any of these projects.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) approves the allocation of $380,358 towards Waiheke Primary School raised crossing upgrade.

b) approves as its first priority, that any cost savings from its currently active Local Board Transport Capital Fund projects and/or any new additional funding that becomes available be applied to its active projects if they require additional funding to complete within the current 3-year local board programme.

c) approves as its second priority, that any further cost savings from the completion of currently active Local Board Transport Capital Fund projects and or any new funding that becomes available be applied to these projects in the priority order:

i) Ostend road refuge islands - $200,000

Horopaki

Context

7. The Local Board Transport Capital Fund (LBTCF) is an Auckland Transport fund established in 2012 to allow local boards to deliver small projects in their local area that would not normally be prioritised by Auckland Transport. Since 2020, when COVID 19 lockdowns impacted on Auckland Council’s revenue the LBTCF has been reduced.

8. Last year, the total budget for all local boards was reduced from the indicative budget of $45m to $29.5m for the 3-year term. After the finalisation of the 2024-2034 Regional Land Transport Plan, this budget was increased to $48.7m of which $17m is approved for the current FY2025 and $20.4m is endorsed for FY2026.

9. The indicative budget for Waiheke Local Board Local Board has been increased from $816k to $1.096m for the 3-year term.

10. With cost savings from the currently active project of $100,000 there is an indicative budget of $380,358 now available to the local board to allocate to new projects.

11. Through this report, Auckland Transport is giving the local board an opportunity to allocate funds to new projects as discussed with the local board at the 4 December 2024 workshop and indicatively costed (Attachment A).

Tātaritanga me ngā tohutohu

Analysis and advice

Active projects

The following table recaps the status of current active projects in the programme:

Table 1 – Update on active projects

Projects	Resolved Budget + AT Approved Budget	Project Status	Cost Savings	Funding required to be resolved to complete the project
1 Surfdale Road to Donald Bruce Road Roundabout Cycle Infrastructure	$816,180	External Consultation	$100,000	-
		Total	$100,000

12. On December 4 2024 Auckland Transport staff provided advice to the local board that the 1 Surfdale Road to Donald Bruce Road Roundabout Cycle Infrastructure project is projected to have a cost saving of a cost saving of $100,000.

New LBTCF Budget

13. Auckland Transport attended a workshop with the local board on 4 December 2024. At this workshop, Auckland Transport confirmed that through the 2024-2034 Regional Land Transport Plan process, additional budget was now available for the board to allocate to new LBTCF projects.

14. With this new budget and savings from current active projects, the local board now has an indicative budget of $380,358

15. At the workshop, Auckland Transport presented a number of candidate projects with indicative costing for the local board to consider for funding (See Attachment A).

16. After discussion, the local board indicated that its priorities lay with the projects in the following table:

Project Name	Project Description	High level cost estimate
Waiheke Primary School Raised Crossing Upgrade	The request from the school is to upgrade the existing Kea Crossing to a Raised Zebra crossing outside Waiheke School on Sea View Road.	$375,000
Total new projects		$375,000

17. Other projects considered:

Project Name

Project Description

High level cost estimate

Ostend Road refuge islands

Provide a small section of footpath and refuge island to assist the pedestrians using the bus stops to cross the road safely to encourage slower vehicle speeds closer to the intersection.

$200,000

18. The Waiheke Local Board Local Board is invited to allocate funding to any of the above projects - within the constraints of the available budget.

19. The Waiheke Local Board Local Board may wish to consider funding the projects in the above table from a future funding allocation in the next political term.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20. 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.

21. 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

22. The Local Board Transport Capital projects noted for decision do not impact on Council facilities.

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

Local impacts and local board views

23. The Local Board Transport Capital projects were workshopped with members prior to this report being submitted. At the 4 December 2024 workshop, local board members expressed support for the Waiheke School Raised Crossing upgrade project as a priority for the use of their Local Board Transport Capital Fund.

Tauākī whakaaweawe Māori

Māori impact statement

24. 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.

25. Auckland Transport’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua tribes 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

26. In this case, neither decision involves a significant decision in relation to land or a body of water so specific Māori input was not sought.

Ngā ritenga ā-pūtea

Financial implications

27. The local board transport capital project decisions in this report do have financial implications, reducing the Local Board Transport Capital Fund by $380,358

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. The proposed decisions do have some risk, any construction project can be affected by a range of factors including weather, contract availability or discovery of previously un-identified factors like unmapped infrastructure.

29. The costs outlined in Attachment A are indicative costings and selected projects may cost more or less than the amount indicated. Once projects are selected, further investigation will confirm project costings.

30. Auckland Transport manages risk by retaining a 10% contingency on the projects and historically there are several occasions in the organisation has used budget surpluses in other programmes to support delivery of the LBTCF. However, there is always a small risk that more money may be required from the LBTCF.

Ngā koringa ā-muri

Next steps

31. The following activities or actions are planned:

a) If the Waiheke Local Board Local Board resolves to support new projects with its additional funds, Auckland Transport will begin investigation and initial design and report back to the local board.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	LBCTF workshop presentation December 4 2024	51

Ngā kaihaina

Signatories

Author

Alex Elton-Farr – Elected Member Relationship Partner

Authorisers

John Gillespie – Head of Stakeholder and Community Engagement

Janine Geddes – Acting Local Area Manager

Waiheke Local Board

26 February 2025

Local board views on proposed plan change 106 for filming on Sites and Places of Significance to Mana Whenua

File No.: CP2025/00515

Te take mō te pūrongo

Purpose of the report

1. To seek local board views on proposed plan change 106 (PC 106) which identifies temporary filming activities on Sites and Places of Significance to Mana Whenua (SPSMW) on public places as a permitted activity.

Whakarāpopototanga matua

Executive summary

2. Decision-makers (independent commissioners) on a plan change to the Auckland Unitary Plan (AUP) must consider local boards’ views on the plan change, if the local boards choose to provide their views.

3. The purpose of PC 106 is to identify temporary filming activities on SPSMW in council-controlled public places as a permitted activity (i.e. no resource consent required). A film permit will still be required under the Te Ture ā-Rohe Tauhokohoko Whakahaerenga me te Tango Kiriata Tūmatanui 2022 Public Trading, Events and Filming Bylaw 2022 (the Bylaw).

4. A local board can present local views when expressed by the whole local board. This report provides the mechanism for the local board to resolve and provide its views on PC 106. Staff do not recommend what view the local board should convey.

5. Local boards received a memorandum on the draft plan change before it was finalised and notified for submissions. The submission and further submissions periods have closed. A total of 10 submissions were received, and no further submissions were received. The key themes of the submissions are support from screen industry, opposition to PC 106 unless amendments are made, and the application of PC 106 to Tūpuna Maunga Authority administered land.

6. This report seeks the views of the local board on proposed plan change 106. Next steps involve incorporating local board resolutions on proposed plan change 106 into the section 42A hearing report. Appointed local board members will be notified and invited to present their views at the hearing.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) provide its views on proposed plan change 106

b) appoint a local board member to speak to the local board views at a hearing on proposed plan change 106

c) delegate authority to the chairperson of Waiheke Local Board to make a replacement appointment in the event the local board member appointed in resolution b) is unable to attend the plan change hearing.

Horopaki

Context

Decision-making authority

7. Local boards are responsible for communicating the interests and preferences of people in its area regarding the content of Auckland Council’s strategies, policies, plans, and bylaws. Local boards provide their views on the content of these documents. Decision-makers must consider local boards’ views when deciding the content of these policy documents (ss15-16 Local Government (Auckland Council) Act 2009).

8. A plan change will be included in the AUP if it is approved. Local boards must have the opportunity to provide their views on council-initiated plan changes.

9. If the local board chooses to provide its views, the reporting planner will include those views verbatim, and address them, along with issues raised by submitters, in the subsequent hearing report prepared under section 42A of the Resource Management Act 1991 (RMA).

10. A local board member, appointed by resolution, may present the local board’s views at the hearing of submissions by commissioners, who then make decisions on the proposed plan change.

11. This report provides an overview of PC 106, and a summary of the key themes from submissions. The report author cannot advise the local board on what its views should be.

Tātaritanga me ngā tohutohu

Analysis and advice

Plan change overview

12. The purpose of PC 106 is to remove the requirement for a resource consent by identifying temporary filming activities as a permitted activity in the AUP. Filming activities will still require a Film Permit from Screen Auckland (the regional film office for Auckland, based within Tātaki Auckland Unlimited) in accordance with the Bylaw. Currently, there is duplication of process for filming, as it requires both a resource consent to comply with the AUP and a film permit to comply with the Bylaw.

13. Amendments to AUP Chapter D21 Sites and Places of Significance to Mana Whenua are proposed to identify temporary filming activities (up to 30 days) as a permitted activity on SPSMW that are also public places. This status is subject to a standard that requires no land disturbance, that filming is undertaken in accordance with a site plan, and that it complies with any special conditions approved under the Auckland Council Film Permit. No changes are proposed to Schedule 12 of the AUP, which lists the SPSMW.

14. The film permit process ensures that filming activities respect the cultural values of the SPSMW and follow appropriate tikanga, while enabling people and communities to provide for their social, economic, and cultural well-being to achieve sustainable management.

15. Cultural values and mana whenua associations with SPSMW are protected and enhanced through the film permit process by requiring direct engagement with mana whenua and their participation in decision-making. This ensures that appropriate tikanga is considered, site plans and/or special conditions are applied where necessary, access for customary activities (i.e. mahinga kai) can be identified, and restricted areas, where toilets or food preparation must be avoided, are implemented to protect wāhi tapu and any tangible and/or intangible values of sites and places.

16. Supporting documentation is available from council’s website at https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-plans-strategies/unitary-plan/auckland-unitary-plan-modifications/Pages/details.aspx?UnitaryPlanId=272.

17. Council’s reporting planner will prepare a section 42A report for PC 106 for consideration by the independent hearings commissioners that evaluates and reports on:

· the contents of PC 106

· submissions (noting that no further submissions were received)

· views and preferences of the local board, if the local board passes a resolution.

Themes from submissions received

18. Submissions were made by 10 people. Nine submissions were supportive, one was in opposition, and no submissions were neutral. Key submission themes are listed below.

· Support from the screen industry

· Oppose the plan change unless amendments are made

· Application of PC 106 to Tūpuna Maunga administered land.

Support from the screen industry

19. Several submissions supporting PC 106 are from members of the screen industry, seeking that it be approved without any amendments. Some clarification is also sought regarding what qualifies as “disturbance”, as AUP Standard D21.6.4(1)(b) provides for filming activities as a permitted activity as long as it does not involve “land disturbance”.

Oppose subject to amendments

20. One submitter (Ngāti Whātua Ōrākei) opposes PC 106 unless amendments are made to recognise the hapū or iwi with the strongest relationship to the filming location. Specific provisions are sought to be retained or removed to better reflect local hapū and iwi acknowledgement.

Application of PC 106 to Tūpuna Maunga Authority administered land

21. PC 106 currently excludes land administered by Tūpuna Maunga Authority. The Tūpuna Maunga Authority seeks amendments to PC 106 to enable temporary filming as a permitted activity on land it administers.

22. Information on individual submissions and the summary of all decisions requested by submitters is available from council’s website: https://www.aucklandcouncil.govt.nz/UnitaryPlanDocuments/pc-106-sdr-and-subs.pdf

Tauākī whakaaweawe āhuarangi

Climate impact statement

Context

23. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan sets out Auckland’s climate goals:

· to adapt to the impacts of climate change by planning for the changes we will face (climate adaptation)

· to reduce greenhouse gas emissions by 50 per cent by 2030 and achieve net zero emissions by 2050 (climate mitigation).

24. Both of council’s climate goals (climate adaptation and climate mitigation) are relevant and align with the requirementfor RMA decision-makers to:

· have particular regard to the effects of climate change (section 7(i) RMA), and

· have regard to any emissions reduction plan and any national adaptation plan prepared under the Climate Change Response Act 2002 (section 74(2) RMA) when preparing or changing a district plan.

25. Consequently, any local board views on climate adaptation and/or climate mitigation will be considered by the independent hearing commissioners when hearing submissions on PC 106.

Local board views - climate

26. The following prompts are included to assist the local board in forming any view (should it wish to do so) regarding climate mitigation and/or adaptation:

· How will PC 106 affect greenhouse gas emissions, if at all?

· How will PC 106 affect private motor vehicle trips, connections to and availability of public transport, walking and cycling infrastructure, if at all?

· Will climate risks, such as flooding, increased heat, coastal erosion, or extreme weather events be neutral, alleviated or elevated by PC 106?

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. No council groups have submitted on PC 106. The following council groups were consulted and provided an opportunity to provide feedback on the draft plan change:

a) Māori Heritage Team

b) Resource Consents

c) Auckland Transport.

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

Local impacts and local board views

28. The purpose of PC 106 is to enable temporary filming activities on SPSMW in public places without the need for a resource consent.

29. A total of 18 out of the 21 local boards currently have SPSMW in public places that would be covered by PC 106 (noting that additional sites will be added over time). In terms of film permit applications, local boards are responsible for landowner approval for local parks and are notified of any film permit applications. This will not change.

30. Local boards have been kept informed of PC 106 as it has developed with memorandums in November 2022 and September 2024.

31. Factors the local board may wish to consider in formulating its view:

· interests and preferences of people in the local board area

· well-being of communities within the local board area

· local board documents, such as local board plan, local board agreement

· responsibilities and operation of the local board.

32. The decision-maker will consider local board views, if provided, when deciding on PC 106.

Tauākī whakaaweawe Māori

Māori impact statement

33. Council is required to consult with iwi authorities when preparing a plan change. The plan change has been developed in consultation with the 19 iwi authorities (mana whenua) through a series of engagements since December 2022. This engagement has occurred through pānui updates, engagement summary reports, kānohi ki te kānohi hui, collaborative working group hui, emails and telephone calls.

34. Prior to notifying PC 106 the following positions of mana whenua were understood:

· 11 support in principle a plan change

· 1 generally supports PC 106 subject to amendments; otherwise, opposes

· 3 have not provided formal feedback, but comments made by them have been considered

· 2 do not oppose PC 106

· 1 defers to others

· 1 prefers kaupapa to go through the Mana Whenua Forum.

35. Feedback from mana whenua on PC 106 supports an approach that provides for filming in public places as a permitted activity with permitted standards, and for mana whenua to have an increased role in decision-making for activities occurring on SPSMW. The importance of not undermining the SPSMW in AUP Schedule 12 and the provisions in AUP Chapter D21 was also emphasised as protection of the values of sites and places. All sites have their own pūrākau (stories), and iwi/hapū have individual tikanga for these sites.

36. Feedback from mana whenua directly informed the wording of PC 106. The only feedback not incorporated into PC 106 relates to amendments sought to recognise the ‘local’ or ‘appropriate’ iwi.

37. Ngāti Whātua Ōrākei is the only iwi that submitted on PC 106. Their submission seeks that Ngāti Whātua Ōrākei’s ahi kā and mana whenua status within the ‘heartland’ of their rohe is recognised and provided for in the relevant amendments that are proposed to AUP Chapter D21 through PC 106. They also seek that their reo and identity is seen, heard and provided for in any filming on sites and places of significance that Ngāti Whātua Ōrākei are the tangata whenua. Ngāti Whātua Ōrākei are generally supportive of PC 106, but oppose it unless the amendments sought are incorporated to ensure the tangata whenua of the place where filming activities will take place on SPSMW are appropriately engaged with and involved in the decision-making.

38. Tātaki Auckland Unlimited – Screen Auckland have developed a draft SPSMW film permit process in collaboration with mana whenua. The draft SPSMW film permit process has a strong focus on relationship and engagement to enable ongoing collaboration to develop and integrate mana motuhake, tikanga Māori, the pūrākau and mauri of SPSMW.

39. The key elements of the draft SPSMW film permit process include:

· requirement to engage all mana whenua identified through the council’s contact tool

· applicants are encouraged to engage early to understand the implications of filming

· film facilitators inform mana whenua of all filming applications affecting SPSMW and confirm whether engagement has occurred

· timeframe to process applications is 20-25 days (compared to 3-5 for general applications)

· film facilitators confirm permit conditions with mana whenua

· where proposals are not supported by mana whenua, applicants will be directed to alternative sites.

40. Information requirements for film permit applications on SPSMW will be similar to those required by Tūpuna Maunga o Tamaki Makaurau Authority for the 14 co-governed tūpuna maunga.

41. The reporting planner will include in the hearing report an analysis of Part 2 of the RMA, which requires that all persons exercising RMA functions take into account the principles of the Treaty of Waitangi/Te Tiriti o Waitangi. Sites of Significance is an issue of significance identified in the Schedule of Issues of Significance (2021) and the Māori Plan 2017 (Houkura Independent Māori Statutory Board), where it states on page 23 that:

Mana Whenua are enabled to maintain and protect sites of significance to reaffirm connections to the whenua and preserve for future generations.

Ngā ritenga ā-pūtea

Financial implications

42. PC 106 does not pose any financial implications for local boards’ assets or operations.

43. Costs for the plan-making process are met by existing council budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44. The local board will be unable to provide its views and preferences on PC 106, if it does not pass a resolution. This report provides:

· the mechanism for the local board to express its views and preferences

· the opportunity for a local board member to speak at a hearing.

45. If the local board chooses not to pass a resolution at this business meeting, these opportunities are forgone.

46. The power to provide local board views regarding the content of a plan change cannot be delegated to individual local board member(s) (Local Government Act 2002, Sch 7, cls 36D). This report therefore enables the whole local board to decide whether to provide its views and, if so, to determine what matters those views should include.

Ngā koringa ā-muri

Next steps

47. The reporting planner will include, and report on, any resolution from any local board in the forthcoming section 42A hearing report. Local board member(s) appointed to speak to specific local board’s views will be informed of the hearing date and invited to the hearing.

48. The reporting planner will advise the local boards of the decision on PC 106 by memorandum.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Eryn Shields - Team Leader - Planning

Authorisers

John Duguid - General Manager Planning and Resource Consents

Lou-Ann Ballantyne - General Manager Governance and Engagement

Waiheke Local Board

26 February 2025

Local Board feedback on Fix and Finish fund

File No.: CP2025/00914

Te take mō te pūrongo

Purpose of the report

1. To seek feedback from local boards on the implementation of the $20 million Fix and Finish fund, to input into Governing Body decision making.

Whakarāpopototanga matua

Executive summary

2. The Governing Body adopted the Long-term Plan 2024-2034 which includes a proposal of a $20 million reserve fund, the “Fix and Finish” fund, to complete community projects.

3. This fund was subject to the creation of the Auckland Future Fund and achieving enhanced returns for the 2024/2025 financial year.

4. In October 2024, a memo was distributed to elected members with initial staff advice and input from the Mayoral Office on how the Fix and Finish fund could work, including draft processes, criteria and options for funding distributions.

5. This report seeks local board feedback on aspects relating to the fund’s implementation.

6. A report will be presented to the Governing Body in March 2025 to seek final decisions including the methodology for distributing the Fix and Finish fund to local boards.

7. Local board feedback will be collated and included as an attachment to the report to the Governing Body in March 2025.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) whakarite/provide feedback on the criteria for eligible projects for the Fix and Finish fund.

b) whakarite/provide feedback on preferred funding allocation model for the Fix and Finish fund.

c) whakarite/provide feedback on any other matters relating to the Fix and Finish fund.

Horopaki

Context

8. In the final Mayoral Proposal for the Long-term Plan 2024-2034 (LTP), the mayor proposed a $20 million reserve fund to “fix and finish” community projects in certain legacy areas.

9. The Governing Body’s resolution (GB/2024/45) for the adoption of the LTP included a clause for $20 million of enhanced returns relating to the Auckland Future Fund to be set aside in a reserve fund to fix and finish community projects in the legacy Manukau City and Auckland City areas.

10. On 24 October 2024, an update memo from finance staff (Attachment A) was distributed to the Governing Body and all elected members on a draft process and criteria, ahead of further engagement with affected local board chairs and ward councillors.

11. This memo confirmed the purpose of the Fix and Finish fund as set out by the Mayor’s Office:

“to provide capex funding to priority projects within the legacy Auckland City and Manukau City Council areas that provide a direct benefit to local communities and residents. Funding must go towards projects that are already in the pipeline and may not have full funding.”

12. There are 13 local boards partially or wholly in the legacy Auckland City and Manukau City Council boundaries. These are: Waitematā, Ōrākei, Albert-Eden, Puketāpapa, Whau, Waiheke, Aotea/Great Barrier, Maungakiekie-Tāmaki, Howick, Ōtara-Papatoetoe, Māngere-Ōtāhuhu, Manurewa and Franklin.

13. The next steps in Attachment A identified seeking informal local board feedback through the local board chairs, however subsequently staff considered a formal resolution to be more appropriate for this matter.

14. Staff provided a briefing for local board members, local board chairs and ward councillors for the 13 local board areas in December 2024.

15. This report seeks formal local board feedback on matters relating to the Fix and Finish fund, which will be collated and attached to the report for the Governing Body in March 2025.

Tātaritanga me ngā tohutohu

Analysis and advice

16. Staff referred to the original intent outlined in the Mayor's Proposal and final budget proposal and Governing Body resolution, and input from the Mayor’s Office, in developing the project eligibility criteria for the Fix and Finish fund. Key principles included finishing community projects, focusing on larger priority projects, taking a regional approach, value for ratepayers and simplicity.

Project eligibility criteria

17. The eligibility criteria are as follows:

· project is within legacy Auckland City or Manukau City boundaries

· must be a local board project

· community project (limited to community services activity)

· renewals (fix), or projects which have undergone planning and are ready to deliver with funding (finish)

· identified as a priority in the Local Board Plan 2023

· greater than $1 million in value, and with an appropriate level of business case assessment

· local board can fully fund the project including ongoing operational costs

· is not fully funded in the latest work programme due to funding constraints, or is funded in future years of the work programme and can be brought forward

· could include unfunded standalone stages of a multi-stage project.

18. Staff also recommend that to ensure effective use of the reserve funding, further considerations would include:

· ensuring the project can commence physical delivery within the next three years, and

· noting that local boards can jointly fund a project, agreeing to share any consequential operational costs, for wider community benefit

· alignment with council’s strategic direction for investment.

19. An exception may be required for the greater than $1 million in value criteria, should a local board be allocated funding at a level significantly below the $1 million threshold.

Funding allocation methodologies

20. Three funding allocation methodologies have been developed and modelled for the distribution of the Fix and Finish fund to local boards (refer to attachment B):

· equitable distribution (based on the local board equitable funding formula)

· straight split distribution (where all local boards get the same amount)

· contestable fund (where funding is allocated to prioritised projects rather than to local boards)

Straight split

21. The straight split distribution model is a simple calculation which allocates each local board an equal share of the $20 million.

22. However, this method is inequitable and does not provide an advantage to achieving the intended purpose or outcome of the fund over other methodologies, therefore staff do not recommend the use of this funding allocation method.

Equitable

23. The equitable distribution model uses a weighting of 80% population, 15% deprivation and 5% land area, with the exception of Aotea/Great Barrier and Waiheke local boards allocated at 1% and 2% of the total fund. This is consistent with the recently adopted Fairer Funding model for local boards, and the Local Board Funding Policy 2025, although only for 13 local boards.

24. With this model each local board is allocated a share of the $20 million, and the local board will decide on the projects and amounts to allocate through adopting their capital work programmes. Projects funded must still meet the eligibility criteria for the Fix and Finish fund.

25. This model supports empowered local board decision making and is consistent with an equitable funding approach for local boards.

26. There is a risk of funding being unallocated to projects should there be no eligible projects within a local board area, and delays may result in a reduction in purchasing power.

27. The underlying statistics used for the equitable distribution is consistent with those used for Fairer Funding at the time of preparing the LTP 2024-2034.

28. For Franklin and Whau local boards, only the areas within the boundaries of legacy Auckland City and Manukau City were included for the purposes of the equitable calculation.

Contestable

29. A contestable distribution method can also be used which would result in local board projects being submitted and funding prioritised to projects with the highest assessed benefits.

30. With this model, local boards would apply by submitting their eligible projects to the reserve fund decision maker by a set date. Projects would be assessed against pre-determined prioritisation criteria that would deliver the highest benefits. The decision maker would then resolve on the funding allocation to the individual projects.

31. The benefit of this model is that a much larger funding amount can be allocated to a single project, allowing the completion of a much larger community project.

32. Further work would need to be done to develop prioritisation assessment criteria that competing local board projects could be assessed against to support decision making.

33. Final project allocation decisions could be made by the Governing Body or delegated to a committee comprised of relevant ward councillors and/or local board chairs.

34. There is a risk should the $20 million fund be oversubscribed, a prioritisation exercise and decision process may result in a longer timeframe to allocate funding to projects.

Ongoing monitoring and reporting

35. Progress of these projects will be reported through ongoing quarterly monitoring at the local board level via the local board work programme.

36. Six monthly monitoring and reporting of the overall fund and the allocation of funding to local boards will be provided to the Governing Body.

37. The fund will be planned and reported as a reserve on the council’s balance sheet, and included in the council’s Annual Plan/Long-term Plan/Annual Report.

Other matters

38. As this funding relates to only 13 local boards and was approved by the Governing Body through Long-term Plan decisions, staff recommend this funding be treated as discrete funding to specific local boards, regardless of the funding allocation model decided by the Governing Body.

Tauākī whakaaweawe āhuarangi

Climate impact statement

39. The recommendations in this report have no particular impacts on climate.

40. The projects to be completed using the Fix and Finish fund may have project-specific climate impacts. If a contestable approach were taken then this could be included in the prioritisation assessment criteria.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41. The recommendations in this report do not impact the council group as the fund is restricted to community projects linked to the community services activity.

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

Local impacts and local board views

42. The purpose of the Fix and Finish fund is to provide capital funding which will enable local boards to fix and finish community projects in the legacy Auckland City and Manukau City Council areas that provide a direct benefit to local communities and residents.

43. It is expected all eligible projects that use this funding will directly benefit local communities and residents.

44. Up to 13 local boards may be eligible for funding from the Fix and Finish fund, and would receive an additional capital funding allocation over and above their existing levels in the Long-term Plan.

45. Staff engaged with local boards in December 2024 through an online briefing. Local boards have been supportive of the existence of this fund and progressing the allocation of the fund.

46. This report is an opportunity for local boards to formally provide their views on implementation of the fund, which will be included with the report for the Governing Body decision on the fund.

Tauākī whakaaweawe Māori

Māori impact statement

47. The recommendations in this report have no particular impacts on Māori.

48. The projects to be completed using the Fix and Finish Fund may have project-specific impacts for Māori. If a contestable approach were taken then this could be included in the prioritisation assessment criteria.

Ngā ritenga ā-pūtea

Financial implications

49. There are no financial implications relating to the recommendations in this report.

50. The establishment of a Fix and Finish fund remains on track following the sale of council’s remaining AIAL shares at a price higher than budgeted. This confirms $20 million funding can be made available for local board capital expenditure within the Annual Budget 2025/2026 pending Governing Body decision making.

51. The allocation of this funding to local boards will be the decision of the Governing Body.

52. The funding will be ringfenced in a reserve as it is the result of a specific Governing Body decision and released as expenditure on eligible projects are incurred.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

53. There are no risks with the recommendations in this report.

54. There are risks to the timing of advice and decision making between each funding allocation method identified in the analysis and advice section above, which may have some impact to the final cost and timing of project delivery.

Ngā koringa ā-muri

Next steps

55. Staff will collate all local board feedback and submit as an attachment to a report to the Governing Body in March 2025 for a decision to confirm the eligibility criteria and funding allocation method.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Update on the process for Fix and Finish Fund memo - 24 October 2024	75
b ⇩	Distribution of fundng to local boards(15 January 2025)	79

Ngā kaihaina

Signatories

Author

Hao Chen – Manager Local Board Financial Advisory

Authorisers

Lou-Ann Ballantyne - General Manager Governance and Engagement

Brian Chan – General Manager Financial Advisory

Janine Geddes - Local Area Manager

Waiheke Local Board

26 February 2025

Grant new community lease to Ngāti Paoa Iwi Trust to occupy the Old Lions Club at Te Waero Awe Houkura Recreation Reserve / Blackpool, 23-35 Nikau Road, Oneroa, Waiheke Island

File No.: CP2025/00176

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Waiheke Local Board to grant a new community lease to Ngāti Paoa Iwi Trust for a council-owned building (Old Lions Club) at Te Waero Awe Houkura Recreation Reserve / Blackpool Park located at 23-35 Nikau Road, Waiheke Island.

Whakarāpopototanga matua

Executive summary

2. Ngāti Paoa Iwi Trust (Trust) seeks a new community lease to commence occupation and operation from a council-owned building (Old Lions Club) at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island.

3. The underlying land at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, Waiheke Island, is part of the treaty settlement for Ngāti Paoa Iwi Trust. It is envisaged that settlement will occur in due course. The bill has had a second reading and awaiting the third.

4. The Ngāti Paoa Iwi Trust is the representative body that serves the interests of Ngāti Paoa. It is the Post Settlement Governance Entity for the Iwi, designed to hold treaty settlement assets the Crown provides as redress for the iwi’s historical grievances, and to help support the iwi’s cultural, financial and social aspirations.

5. In accordance with the Community Occupancy Guidelines 2012 (updated July 2023), when a lease reaches expiry, the Waiheke Local Board have discretion to undertake an expressions of interest process (EOI) or to nominate a new, suitable tenant. With the land being part of the treaty settlement, this is a unique occurrence.

6. Therefore, to honour the proposed treaty settlement, the Waiheke Local Board opted to forego the EOI process and nominated the Ngāti Paoa Iwi Trust to be considered for a community lease. Auckland Council gave formal notice to Otherworld Productions that its lease will not be re-entered, and the group accepted and vacated the premises.

7. In August 2024 the Trust have submitted a formal lease application which has been assessed for its suitability for a community ground lease. Staff recommend that a proposed new lease be granted.

8. The lease has been discussed with the Waiheke Local Board who have indicated its support in principle.

9. The Trust works to preserve and protect the cultural heritage of Ngāti Paoa, to promote education and language revitalisation, foster community engagement and support economic development initiatives. These activities support the Waiheke Local Board Plan 2023 objectives of:

· Our people: Waiheke residents have a strong sense of identity, connectedness and wellbeing which is enhanced through active community participation.

· Māori outcomes: Māori identity and culture are Auckland’s unique point of difference in the world. Whānau, hapū, iwi and Māori communities aspire to have healthy and prosperous lives and have defined the outcomes that are most important to Māori.

· Kia ora te ahurea – Māori identity and culture.

· Kia ora te umanga – Māori business, tourism and employment.

10. The proposed new community lease to the Ngāti Paoa Iwi Trust for the building at Te Waero Awe Houkura Recreation Reserve / Blackpool Park was publicly notified on 21 November 2024. The notification appeared in Gulf News and on the Auckland Council website with a submission deadline for 20 December 2024. No submissions or objections were received.

11. Due to the unique circumstance of the Ngāti Paoa settlement, a community outcomes plan is not required.

12. In this instance as the land is part of a treaty settlement in the recipient (the trust) is the proposed new lessee, Mana Whenua engagement is not required.

13. This report recommends that a new community lease be granted to Ngāti Paoa Iwi Trust for a term of 5 years commencing from March 2025 with two 5 year rights of renewal.

14. If the local board decides to grant the lease, staff will work with the lessee to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) grant a new community lease to the Ngāti Paoa Iwi Trust for an area comprising approximately 77m² located at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island on the land legally described as Lot 440 DP 25861 (Attachment A – Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island), subject to the following terms and conditions:

i) term – 5 years, commencing date month year, with two 5 year rights of renewal.

ii) Rent - $1300 plus GST per annum if demanded.

iii) Maintenance fee/operational charge - $2500 plus GST per annum.

iv) Community outcomes plan – due to the unique circumstances of Ngāti Paoa settlement, a community outcomes plan is not required.

b) approve all other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012 (updated July 2023), and the Auckland Council standard form community lease agreement for a new community lease to the Ngāti Paoa Iwi Trust for an area comprising approximately 77m² located at 23-35 Nikau Road, Waiheke.

c) public notification for Auckland Council’s intention to grant a new community lease to Ngāti Paoa Iwi Trust located at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island, has been undertaken from 21 November 2024 to 20 December 2024.

d) no objections to the notified proposal of the new community lease to the Ngāti Paoa Iwi Trust at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island were received.

Horopaki

Context

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

16. The Waiheke Local Board approved the Customer and Community Services: Community Leases work programme 2024-2025 at their local board meeting on 26 June 2024.

17. The progression of this lease to Ngāti Paoa Iwi Trust at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island was an addition to the approved work programme.

Land, building/s and lease

18. Old Lions Club building is located at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island (Attachment A Site Plan – Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island). The land is legally described as Lot 440 DP 25861. The land is held by the Crown through the Department of Conservation and vested in Auckland Council, in trust, as a classified recreation reserve subject to the provisions of the Reserves Act 1977.

19. Ngāti Paoa Iwi Trust seek to hold a community lease for the council-owned land and building situated at Blackpool Park until settlement is finalised.

20. Subsidised maintenance/operational costs for a council owned building are charged to the lessee.

21. The building is primarily used by the group to provide an office space for Island staff and as a meeting space for the iwi. Various services and programmes will be administered. These include:

· Caulerpa Response base of operations

· meeting with local bodies, groups, and organisations on RMA and environmental Kaupapa relevant to Waiheke

· iwi lead social services.

22. These programmes provide support for both Auckland Council Māori outcome objectives and meeting and supporting Kaupapa on the island.

Ngāti Paoa Iwi Trust

23. Ngāti Paoa Iwi Trust was established in 2011, and its primary purpose is to receive, manage, hold and administer the Trust’s assets on behalf of and for the benefit of the present and future members of Ngāti Paoa in accordance with its deed. Without limiting in any way the generality of the foregoing, the trustees may:

a. promote the educational, spiritual, economic, social and cultural advancement or well-being of Ngāti Paoa and its members

b. provide for the on-going maintenance and establishment of places of cultural or spiritual significance to Ngāti Paoa and its members

c. promote the health and well-being generally, including of the aged or those suffering from mental or physical sickness or disability of Ngāti Paoa and its members

d. undertake commercial activities to support the object and purpose of the trust

e. undertake any other purpose that is considered by the Trustees from time to time to be beneficial to the trust and its members.

24. Ngāti Paoa Iwi Trust is the representative body that serves the interests of Ngāti Paoa. Ngāti Paoa are the tangata whenua of Waiheke, so the Trust plays a vital role in advocating the rights, welfare and development of the Ngāti Paoa people.

25. The Ngāti Paoa Iwi Trust works to protect and preserve the cultural heritage of Ngāti Paoa, promote education and language revitalisation, foster community engagement and support economic development initiatives.

26. The trust has five full time staff and two part time staff to look after the facility. The groups that utilise the space range between one or two people to large groups and the percentage of people who identify as Māori is 100%. Since 2023, 6402 people are affiliated to Ngāti Paoa.

27. The trust is currently waiting for their treaty settlement for the land at Blackpool Park. While they are waiting, they would like to lease this facility from Auckland Council before they claim it as their own.

28. The trust intends to use this facility as an office space for island staff and meeting space for the iwi.

Tātaritanga me ngā tohutohu

Analysis and advice

29. At the expiry of a lease for a council-owned building, it is recommended by staff that a review of alternatives for the use of the premises should be carried out as good practice. For this, an expression of interest process can be undertaken to gauge interest and best use.

30. However, there is a treaty settlement for Te Waero Awe Houkura Recreation Reserve / Blackpool Park which hands over the land to Ngāti Paoa. Therefore, the local board has the discretion to grant a new lease to the group without undergoing an expression of interest process.

Public notification and engagement

31. Blackpool Park was not in scope of the approved local board management plan because of area being part of their treaty settlement (Resolution number: WHK/2023/94).

32. In this instance as the land is part of a treaty settlement and the recipient (the trust) is the proposed new lessee, Mana Whenua engagement is not required.

33. The proposed new community lease to the Ngāti Paoa Iwi Trust for the building at Te Waero Awe Houkura Recreation Reserve / Blackpool Park was publicly notified.

34. The notification appeared in the Gulf News on 21 November 2024 and on the Auckland Council website’s Have Your Say webpage with a submission deadline for 20 December 2024.

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

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

Assessment of the application

37. The trust has provided an application supporting the new lease request and is able to demonstrate its ability to deliver mana whenua kaupapa services.

38. The area proposed to be leased to the Ngāti Paoa Iwi Trust consists of approximately 77m²and is outlined in Attachment A – Te Waero Awe Houkura Recreation Reserve/ Blackpool Park, 23-35 Nikau Road, Waiheke Island.

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

40. The trust has all necessary insurance cover, including public liability insurance, in place.

41. A site visit has been undertaken by staff and the facility appears to be well maintained. All management and operational costs are funded by Ngāti Paoa Iwi Trust.

42. The council have also undertaken internal renovation improvements including refurbishment of the building known as the Lions Club room, renewal of doors, windows and door frames.

43. The group provides a valuable service to the local community by providing space to support iwi and the Waiheke community, and to also hold activities for island kaupapa.

44. Due to the unique circumstance of Ngāti Paoa settlement, a community outcomes plan is not required.

45. Auckland Council’s Community Occupancy Guidelines 2012 (updated July 2023) sets out the requirements for community occupancy agreements and will be included as part of the lease agreement if approved by the local board.

46. Staff recommend that a new community lease be granted to Ngāti Paoa Iwi Trust with an initial term of 5 years with two 5 year rights of renewal.

Tauākī whakaaweawe āhuarangi

Climate impact statement

47. It is anticipated that activation of the building / park will result in an increase of greenhouse gas emission.

48. A shared community space will however decrease overall energy use, as users will not consume energy at individual workspaces.

49. The shared space will provide opportunity and enable people to enjoy positive healthy lifestyles and will increase capability and connections within local community.

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

· use sustainable waste, energy and water efficiency systems.

· use eco labelled products and services.

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

51. Asset improvements and maintenance undertaken by the council will strive for maximum re-use and recycling of existing materials. This will be in alignment with the waste management hierarchy (prevention, reduction, recycle) to ensure minimum impact on greenhouse gas emission.

52. All measures taken are aimed at meeting council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, which are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

· to prepare the region for the adverse impacts of climate change.

53. The building is in a flood plain that has a 1 percent or greater probability of occurring in any given year.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

54. Council staff from within the Community Directorate have been consulted. They are supportive of the proposed lease as it will include positive outcomes Ngāti Paoa. This feedback is detailed in Table 1 below:

Table 1: Wider council team feedback

Relevant team	Feedback
Area Operations Manager, Parks and Community Facilities	‘No issues’, highlights the upgrade work undertaken by Facility Manager.
Facility Manager Parks & Community Facilities	‘It will be great to see this building utilised’ Notes: · Existing kitchen is suitable for tea and coffee making only. Group requested upgrade. · No toilet in building. Public toilet building adjacent to building cleaned daily. · No curtains. Council offered material on rail option to group however group want more expensive blinds. · Fit for purpose light fittings in place although group requested replacement. · No internet connection.
Parks and Places Specialist, Parks and Community Facilities	‘There is no reason to object to this lease from a Parks and Places Specialist perspective’
Community Broker, Waiheke	‘I fully support the lease for Ngāti Paoa’
Heritage Unit, Policy, Planning & Governance	‘We support the proposed lease. The use of the Blackpool School building by Ngāti Paoa Iwi Trust Board as an office and meeting space a good use of this building’ The Lessee should be aware of the heritage protection on the building through the Auckland Council District Plan - Hauraki Gulf Island Section as a category B scheduled building. This protection includes the interior of the building. Any destruction, removal, addition to, alteration of, modification to, or damage to any part of a category B scheduled building, object, property or place of special value unless otherwise provided for as a permitted activity, should be discussed with the Heritage Unit to ensure best practice is adhered to.

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

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

Local impacts and local board views

56. The proposed lease will benefit the community by enabling initiatives that provide space for iwi and island staff to better support kaupapa in the local board area and its surrounding communities.

57. The assessment of the application was discussed with the local board at its workshop on 29 November 2023. The local board indicated its support in principle of the lease proposal.

58. The delivered activities align and support the Waiheke Local Board Plan 2024:

· Our People – Waiheke residents have a strong sense of identity, connectedness and wellbing which is enhanced through active community participation.

· Our Environment. – We want to protect, maintain, and enhance our unique island’s land, coastline, bush, wetland, and marine environments for future generations.With the lease and land settlement, Ngati Paoa intent to provide an established base to operate in a cultural, community and marine context to benefit all of Island.

Tauākī whakaaweawe Māori

Māori impact statement

59. In this instance as the land is part of a treaty settlement and the recipient (the trust) is the proposed new lessee, Mana Whenua engagement is not required.

60. Blackpool Park will be owned by Ngāti Paoa after the treaty settlement, but it will be vested in Auckland Council in trust to administer the reserve pursuant to section 41 of the Ngāti Paoa Claims settlement bill that is currently in progress through parliament.

61. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

62. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2024-2034, the Unitary Plan (operative in part), individual local board plans and in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

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

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

Ngā ritenga ā-pūtea

Financial implications

65. All costs relating to the advertisement of the council’s intention to grant the proposed lease will be borne by the Parks and Community Facilities department of the council.

66. Staff have consulted with the Financial Strategy & Planning department of the council. No concerns were raised regarding the financial implications for the proposed new lease to Ngāti Paoa Iwi Trust for Blackpool Park.

67. Ongoing maintenance of the asset will be covered by the council which is accounted for in current and future budgets. An annual maintenance fee/operational charge of $2500 plus GST per annum is recommended.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

68. Should the local board resolve not to grant the proposed community lease to Ngāti Paoa Iwi Trust at Te Waero Awe Houkura Recreation Reserve / Blackpool Park, 23-35 Nikau Road, Waiheke Island, the group will take ownership of the land after their treaty settlement.

69. Should the building remain unoccupied, there is a risk associated with the lack of maintenance and possible improvements. Council will be liable for the asset/s regardless of whether budget is allocated to or identified for renewals. The renewal of the building will also not appear in the annual work program.

Ngā koringa ā-muri

Next steps

70. If the local board resolves to the grant the proposed new community lease, staff will work with the Ngāti Paoa Iwi Trust to finalise a lease agreement in accordance with the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site plan - Blackpool Park, 25-32 Nikau Road, Waiheke Island	89

Ngā kaihaina

Signatories

Author

Julie Sutherland - Senior Community Lease Advisor

Authorisers

Janine Geddes – Acting Local Area Manager

Taryn Crewe - General Manager Parks and Community Facilities

Waiheke Local Board

26 February 2025

Public feedback report on the traffic bylaw review

File No.: CP2025/01234

Te take mō te pūrongo

Purpose of the report

1. To receive local board views on how the Joint Bylaw Panel should address public feedback on the proposed Vehicle Use and Parking Bylaw 2025 and its supporting proposals.

2. To recommend delegating a member to represent these views to the Joint Bylaw Panel.

Whakarāpopototanga matua

Executive summary

3. Auckland Transport and Auckland Council both have powers to make traffic-related rules in Auckland.

4. The current rules are set out in several documents:

· Auckland Transport Traffic Bylaw 2012

· Auckland Council’s Traffic Bylaw 2015

· Public Safety and Nuisance Bylaw 2013 (covering use of vehicles on beaches).

5. Auckland Transport and Auckland Council are conducting a review of these bylaws to identify efficiencies and possible improvements.

6. The proposed new Vehicle Use and Parking Bylaw 2025, including changes to some topics in the proposed new bylaw and changes to rules in other bylaws (referred to as the “supporting proposals”), is provided as Attachment A.

7. In August and September 2024 (page 391), all local boards provided feedback on the draft options and draft recommendations. Local boards generally supported the recommended option for each topic and provided feedback on some topics such as berm parking and parking on beaches. Staff considered the local board feedback in drafting the proposals which went out for public consultation.

8. Public consultation on the proposals took place from Monday 4 November to Monday 4 December 2024 (inclusive) and public hearings were held on 6 December 2024.

9. This report seeks the local board views on how the Joint Bylaw Panel should address matters raised in public feedback (included as Attachment B) to the proposed new bylaw and supporting proposals. This report also recommends delegating a local board member to present these views to the panel.

10. The bylaw panel deliberation is scheduled for 2 May 2025. This is where the panel will discuss and deliberate on the public feedback and local board and mana whenua views. Local boards can delegate a representative to speak at the hearings if desired.

11. The Auckland Transport Board and the Auckland Council Governing Body will make a final decision on the proposals in June 2025 based on the recommendations from the bylaw panel.

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a) whakarite / provide views on how the Joint Bylaw Panel should address matters raised in public feedback on the proposed Vehicle Use and Parking Bylaw 2025, including the supporting proposals, included as Attachment B to this report

b) tāpae / delegate a local board member to represent these views to the Joint Bylaw Panel.

Horopaki

Context

Traffic bylaws

12. The use of Auckland’s road space, including beaches and roads in parks, is regulated by national legislation (laws) and by local government rules through bylaws.

13. Both Auckland Transport and Auckland Council have powers to make traffic-related rules in Auckland. The current rules are contained across the following bylaws:

a) Auckland Transport Traffic Bylaw 2012

Covers the requirements for parking and control of traffic on roads under the care, control, or management of Auckland Transport.

b) Auckland Council Traffic Bylaw 2015

Covers traffic management in public places, like parks, beaches, off-street parking facilities (like libraries and community centres) and council-owned car parking buildings.

c) Auckland Council Public Safety and Nuisance Bylaw 2013

Covers use of vehicles on beaches.

14. Responsibilities for bylaws are allocated by control of the land. Auckland Transport’s rules apply to Auckland’s transport system, while Auckland Council’s rules apply to council-controlled land, such as parks and beaches.

15. The bylaws establish a framework for regulating vehicle use, traffic and parking on Auckland’s transport system and on council-controlled land. For example, they enable the creation of bus lanes, but the specific locations are determined later through resolutions. This approach allows for flexibility to address changing location-specific needs over time.

16. Some bylaw provisions are not site-specific. These apply when Auckland Transport requires consistent rules across all locations, without the need for site-specific resolutions, for example, prohibiting abandoned vehicles on roads or in public places.

Reviewing Auckland’s traffic bylaws

17. Auckland Transport and Auckland Council are conducting a joint review of Auckland’s traffic-related bylaws to ensure they continue to meet the needs of Aucklanders. This review considered legislative and technological changes, as well as expert feedback on ways to improve bylaw effectiveness.

18. The Regulatory and Community Safety Committee on 2 July 2024 endorsed the findings report and requested an options report and proposal (RCSC/2024/48).

19. In August and September 2024, all local boards provided feedback on the draft options and draft recommendations. Local boards generally supported the recommended option for each topic and provided feedback on some topics such as berm parking and parking on beaches. Some feedback focused on operational, public consultation or non-bylaw related matters and were referred to the relevant teams where appropriate.

20. Following this, a draft Vehicle Use and Parking Bylaw 2025, including the supporting proposals, was developed for public consultation.

21. The Regulatory and Community Safety Committee and the AT Design and Delivery Committee endorsed the draft proposals and public consultation on 8 October 2024.

22. The Auckland Council Governing Body and the Auckland Transport Board adopted the statement of proposal and approved the conduct of public consultation on 24 October 2024 and 29 October 2024, respectively.

23. Public consultation took place from Monday 4 November to Monday 4 December 2024 (inclusive). Public hearings were held on 6 December 2024 at 20 Viaduct Harbour Avenue, Auckland. A total of 196 submissions were received: 181 through the online survey, 13 via mail and email and two verbal submissions. Public feedback is included in this report as Attachment B.

24. This report seeks the local board views on how the Joint Bylaw Panel should address matters raised in public feedback on the proposed Vehicle Use and Parking Bylaw 2025, including the supporting proposals (see Attachment A).

25. The final views from local boards will guide the bylaw panel during the deliberations on 2 May 2025. Local boards also have the option of sending a representative to share their views in person.

26. The Auckland Transport Board and the Auckland Council Governing Body will make a final decision on the bylaw proposals in June 2025 based on the recommendations from the bylaw panel.

Tātaritanga me ngā tohutohu

Analysis and advice

27. Auckland Transport subject matter experts met with and discussed the traffic bylaw review with the Waiheke local board at a workshop on 21 August 2024.

28. Before that workshop, Auckland Transport and Auckland Council staff reviewed the bylaws across 18 different topics to identify if there were problems, whether the bylaws helped address those problems, and if there were any alternatives or improvements.

29. The Auckland Transport Board and Auckland Council Governing Body adopted the Statement of Proposal and approved the material for public consultation. The finalised proposals included:

a) creating a new joint AT and AC Te Ture ā-Rohe mō te Whakamahinga me te Whakatūnga Waka 2025 | Vehicle Use and Parking Bylaw to combine the Auckland Transport Traffic Bylaw 2012, Auckland Council Traffic Bylaw 2015 and clause 16 of the Auckland Council Public Safety and Nuisance Bylaw 2013 (main proposal)

b) making supporting changes (supporting proposals) by clarifying and improving the following six topics in the proposed new joint bylaw

· launching of boats on beaches and obtaining beach driving permits

· regulations for heavy vehicles

· parking vehicles off a roadway

· busways, busway stations, and park & rides

· resident parking

· temporary traffic and parking rules for special events.

c) moving (or removing) the following seven rules from the current bylaws:

· establishing shared zones, parking zones, parking places, and transport stations

· setting new speed limits on council-controlled land

· parking for display or sale

· broken down vehicles on a road or public place

· leaving machinery or goods on a road or public place

· repairing or modifying vehicles on a road in in a public place

· priority on cycle paths or shared paths.

d) clarifying and improving other rules in the AC and AT Signs Bylaw 2022, AT Activities in the Road Corridor Bylaw 2022, and AC Public Safety and Nuisance Bylaw 2013 that relate to certain activities involving vehicles.

30. The key insights from public consultation are as follows:

a) The proposals were well received by the public. The main proposal was largely supported, with 83 per cent of respondents expressing no concerns. Most respondents had no comments or concerns about the supporting proposals.

b) Parking vehicles off the roadway received the most attention, with 35 per cent of respondents overall commenting on the topic. Most people who provided comments (88 per cent) expressed support for changes to reduce parking on berms. Those who raised concerns with the topic (10 per cent) frequently mentioned the need for berm parking, especially where limited on-street parking is available.

c) New heavy traffic parking regulations were also largely supported by submitters (79 per cent of those who commented on the topic). There were some concerns from the industry perspective, specifically about rest breaks or overnight spaces for drivers to sleep, particularly for out-of-town companies.

d) The only topic that was not supported was the proposal to remove user priority on cycle paths and shared paths. Respondents requested that it remains in Auckland’s traffic bylaws as it aims to protect vulnerable road users, particularly people travelling on foot and bicycle.

e) Community concerns about the topic of repairing or modifying vehicles in public spaces are centred around its enforcement – respondents wanted assurance that people experiencing an emergency would not be fined.

31. The draft Vehicle Use and Parking Bylaw 2025, including the supporting proposals, will be reviewed and deliberated by the Joint Bylaw Panel in May 2025.

32. Local boards are encouraged to speak in front of the panel. Local boards can delegate a representative to speak at the hearings through this report.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. Auckland Transport and Auckland Council both support the outcomes sought by the Auckland Plan 2050, the Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan and other council climate priorities.

34. During the development of the bylaws, climate impacts were considered because effective bylaws are tools that help give effect to these strategic directives, for instance:

a) parking restrictions regulated by bylaws can be used to provide clearways and bus lanes that allow for quicker and more reliable public transport

b) controlling vehicle access and use on beaches protects coastal biodiversity

c) the ability to control access by heavy vehicles to unsuitable residential roads or town centres helps to minimise carbon emissions by encouraging them to use arterial routes designed for these vehicles to use efficiently.

35. The bylaws are an enabler for climate goals providing the regulatory tools required to enforce a variety of controls that contribute to climate change goals.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. This review was conducted jointly by Auckland Transport and Auckland Council.

37. Relevant staff from several council operational units impacted have also participated in the review findings and improvements addressed in the options report and proposal. These staff are aware of the impacts of the proposal and their implementation role. This includes Regional Parks, Parks and Community Facilities, Compliance Response and Investigations, Waste Solutions, Event Facilitation, Regional Operations, Active Communities, Connected Communities, and Growth, Transport and Infrastructure Strategy units.

38. All units were in favour of combining the traffic-related bylaws into a new joint bylaw.

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

Local impacts and local board views

39. The local board was briefed on the review on 21 August 2024 providing an opportunity to receive quality advice about the review and its finding. The response from both elected members and staff supporting local boards was positive about the review.

40. Local boards generally supported the recommended options and provided feedback on topics like berm and beach parking. Operational, consultation, or non-bylaw matters were referred to relevant teams as needed.

41. AT and AC staff considered the local board feedback in drafting the proposals which went out for public consultation.

Tauākī whakaaweawe Māori

Māori impact statement

42. AT and AC are committed to meeting the responsibilities under Te Tiriti o Waitangi and its broader legal obligations in being more responsible or effective to Māori.

43. AT’s Māori Responsiveness Plan outlines the commitment to 19 mana whenua iwi 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

44. Using this framework for discussion, AT informed iwi about the review in November 2023. The initial engagement was followed by a series of hui in July and August 2024 at which staff provided details of the review.

45. Māori have been informed and provided with opportunities to engage with the review and after public engagement is finished will be engaged with again.

Ngā ritenga ā-pūtea

Financial implications

46. This decision has no financial implications for the local board as Auckland Transport funds all its projects and programmes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47. The proposed decision does not carry specific risk for this local board. Bylaw application and enforcement is not a role of local boards and is not funded by local board budgets. This situation means that there is no legal or financial risk.

Ngā koringa ā-muri

Next steps

48. The Joint Bylaw Panel will review and deliberate all submissions about the draft proposed Vehicle Use and Parking Bylaw 2025, including the supporting proposals, in May 2025. Prior to the deliberations, local boards are encouraged to speak to the panel.

49. The Auckland Transport Board and Auckland Council Governing Body will deliberate on the Vehicle Use and Parking Bylaw 2025, including supporting proposals. If adopted, it will come into effect in July 2025. The AT Board will adopt provisions for the transport system, while the AC Governing Body will adopt those for council-controlled land.

Ngā tāpirihanga

Attachments