I hereby give notice that an ordinary meeting of the Waitākere Ranges Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 27 February 2025 4:00 pm Waitākere
Ranges Local Board Office |
Waitākere Ranges Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Greg Presland |
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Deputy Chairperson |
Michelle Clayton |
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Members |
Mark Allen |
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Sandra Coney, QSO |
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Liz Manley |
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Linda Potauaine |
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(Quorum 3 members)
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Salif Sidibe Democracy Advisor
21 February 2025
Contact Telephone: 0276670186 Email: salif.sidibe@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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27 February 2025 |
ITEM TABLE OF CONTENTS PAGE
1 Nau mai | Welcome 5
2 Ngā Tamōtanga | Apologies 5
3 Te Whakapuaki i te Whai Pānga | Declaration of Interest 5
4 Te Whakaū i ngā Āmiki | Confirmation of Minutes 5
5 He Tamōtanga Motuhake | Leave of Absence 5
6 Te Mihi | Acknowledgements 5
7 Ngā Petihana | Petitions 5
8 Ngā Tono Whakaaturanga | Deputations 5
9 Te Matapaki Tūmatanui | Public Forum 5
10 Ngā Pakihi Autaia | Extraordinary Business 6
11 Waitākere Ward Councillors' Update 7
12 Disposal of Slip Material from Pohutukawa Glade at Waitipu (the former Waitakere Quarry) 9
13 Local board views on proposed plan change 106 for filming on Sites and Places of Significance to Mana Whenua 61
14 Proposed policy refresh: Business Improvement District (BID) Policy (2022) 67
15 Public feedback report on the traffic bylaw review 131
16 Delegated feedback of the Waitākere Ranges Local Board on the Resource Management (Consenting and Other System changes) Amendment Bill 167
17 Chair's Report - Greg Presland 249
18 Hōtaka Kaupapa / Governance Forward Work Programme 261
19 Workshop Records 265
20 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
1 Nau mai | Welcome
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.
Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.
The following are declared interests of the Waitākere Ranges Local Board:
Board Member |
Organisation/Position |
Mark Allen |
- Bethells Valley Fire – Life Member - Waitākere Licensing Trust – Trustee - West Auckland Trusts Services – Director - Pest Free Waitakere Alliance – Board Member - Te Uru Waitākere Contemprorary Gallery - Chairperson |
Michelle Clayton |
- Glen Eden Residents’ Association – Member - Glen Eden Returned Services Association (RSA) – Member - Glen Eden Railway Trust – Member - Glen Eden Community House - Member |
Sandra Coney |
- Cartwright Collective – Member - Women’s Health Action Trust – Patron - New Zealand Society of Genealogists – Member - New Zealand Military Defence Society – Member - Pest Free Piha – Partner is the Coordinator - Piha Tennis Club – Patron and Partner is the President - Piha Wetland Trust – Partner is a Trustee - Huia Settlers Museum - Patron |
- Whau Coastal Walkway Environmental Trust – Trustee - Glen Eden BID – Member - Titirangi Ratepayers and Residents Association – Member - Waitākere Ranges Protection Society - Member - Titirangi RSA - Member |
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Liz Manley |
- Consumer Experiences Council, Te Toka Tumai Auckland, Te Whatu Ora - Co-chair - Clinical Ethics Advisory Group, Te Toka Tumai Auckland, Te Whatu Ora - Member - Titirangi Community Arts Council Board – Member - Titirangi Ratepayers and Residents Association – Member - Laingholm District Citizens Association – Member - Literacy Waitākere – Board chair |
Linda Potauaine |
- Henderson Rotary – Member - Archtists Limited. – Director - Glen Eden Community Patrol - Member |
Member appointments
Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council:
Lead |
Alternate |
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Glen Eden Business Improvement District (Glen Eden Business Association) |
Michelle Clayton |
Greg Presland |
Aircraft Noise Community Consultative Group |
Mark Allen |
Liz Manley |
Ark in the Park |
Mark Allen |
Liz Manley |
Friends of Arataki and Waitākere Regional Parkland Incorporated |
Michelle Clayton |
Sandra Coney |
Glen Eden Playhouse Theatre Trust |
Mark Allen |
Linda Potauaine |
Te Uru Waitākere Contemporary Gallery |
Linda Potauaine |
Mark Allen |
Michelle Clayton |
Mark Allen |
4 Te Whakaū i ngā Āmiki | Confirmation of Minutes
That the Waitākere Ranges Local Board: a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 5 December 2024, including the confidential section, as true and correct.
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5 He Tamōtanga Motuhake | Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Te Mihi | Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Ngā Petihana | Petitions
At the close of the agenda no requests to present petitions had been received.
8 Ngā Tono Whakaaturanga | Deputations
Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waitākere Ranges 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.”
27 February 2025 |
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Waitākere Ward Councillors' Update
File No.: CP2025/00084
Te take mō te pūrongo
Purpose of the report
1. To receive an update from Waitākere Ward Councillors’ Ken Turner and Shane Henderson.
2. A period of 10 minutes has been set aside for the Waitākere Ward Councillors to have an opportunity to update the Waitākere Ranges Local Board on regional matters.
Recommendation/s That the Waitākere Ranges Local Board: a) whakamihi / thank Waitākere Ward Councillors’ Ken Turner and Shane Henderson for their verbal update.
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Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |
27 February 2025 |
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Disposal of Slip Material from Pohutukawa Glade at Waitipu (the former Waitakere Quarry)
File No.: CP2025/02410
Te take mō te pūrongo
Purpose of the report
1. To seek approval from Waitākere Ranges Local Board to proceed with resource consent to relocate slip material currently located on Pohutukawa Glade to Waitipu, the former Waitakere Quarry site, 99 Te Henga Road.
Whakarāpopototanga matua
Executive summary
2. This is a cover report for Attachment (A) which provides the below executive summary:
3. Following the severe weather events of early 2023, Auckland Transport contractors temporarily stockpiled around 2,275 m3 of slip material on Pohutukawa Glade, Karekare, to facilitate road network repairs. A permanent solution needs to be found for this material.
4. Engagement with the Waitakere Ranges Local Board, Iwi, Auckland Council (Regional Parks, Local Parks and Environmental Services) and some representatives from within Karekare has been undertaken to discuss available options that will support the programme and address the issue.
5. Multiple local areas have been considered over the last 18 months with the aim of avoiding removal of all material to Redvale due to cost and sustainability issues.
6. The assessment of options for the disposal of slip material presented in this report has considered nine options for all of, or a portion of, the material:
Option 1: Redistribute on Pohutukawa Glade itself.
Option 2: Disposal at Waitipu, the former Waitakere Quarry.
Option 3: Disposal to the Redvale landfill.
Option 4: 124 Lone Kauri Road (private property) (investigated and discounted).
Option 5: Pohutukawa Glade ‘Area 2’ (investigated and discounted).
Option 6: Hetig Paddock (investigated and discounted).
Option 7: Karekare Beach Overflow Carpark (investigated and discounted).
Option 8: A private property in Karekare (investigated and discounted).
Option 9: McCreadies Paddock Campground (investigated and discounted).
7. A combination of Option 1 and Option 2 is preferred for managing the slip material from Pohutukawa Glade because it keeps the material within the rohe, manages kauri dieback risks and is more cost-effective than other options available.
8. Auckland Transport has Flood Recovery Programme funding from Waka Kotahi NZTA, National Infrastructure Funding and Finance and Auckland Council that will cover the reasonable costs associated with the removal of the material and disposal along with any related consent conditions i.e. Auckland Transport will cover the funding envelope and budget.
9. Auckland Transport need to complete all works associated with Pohutukawa Glade as part of the Flood Recovery Programme by 30 June 2025 as the programme will be substantially complete in the current financial year that ends on 30 June 2025. The funding available to carry out this work will be OPEX and is only available in 2024/2025.
Recommendation/s
That the Waitākere Ranges Local Board:
a) Whakaae / approve, in principle, the relocation of slip material stored on Pohutukawa Glade, generated by the 2023 North Island Weather Events, to Waitipu park, 99 Te Henga Road.
b) tono / request that Auckland Transport proceed with resource consent and works for Option 2, to enable relocation of slip material generated by the 2023 North Island Weather Events to Waitipu park, 99 Te Henga Road.
c) tuhi ā-taipitopito / note Auckland Transport will also progress a resource consent and works for the redistribution of some slip material to be spread over Pohutukawa Glade.
d) tuhi ā-taipitopito / note that staff will provide an update on the final design and necessary conditions of consent for relocation of slip material to the Waitākere Ranges Local Board.
Attachments
No. |
Title |
Page |
a⇩ |
Disposal of Slip Material from Pohutukawa Glade at Waitipu Park, (the former Waitakere Quarry) Report - 27 February 2025 |
11 |
b⇩ |
Planning Assessment relating to Waitipu (and Hettig Paddock). |
21 |
c⇩ |
Waitipu Service Outcomes Plan 2023 (extract) |
53 |
Ngā kaihaina
Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |
27 February 2025 |
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Local board views on proposed plan change 106 for filming on Sites and Places of Significance to Mana Whenua
File No.: CP2025/00872
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.
Recommendation/s
That the Waitākere Ranges 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 Waitākere Ranges 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
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 requirement for 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
· 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.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Authors |
Eryn Shields - Team Leader - Planning |
Authorisers |
John Duguid - General Manager Planning and Resource Consents Lou-Ann Ballantyne - General Manager Governance and Engagement Adam Milina - Local Area Manager |
27 February 2025 |
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Proposed policy refresh: Business Improvement District (BID) Policy (2022)
File No.: CP2024/17679
Te take mō te pūrongo
Purpose of the report
1. To seek feedback on proposed changes to the Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi).
Whakarāpopototanga matua
Executive summary
2. The Auckland Council Business Improvement District (BID) programme team oversees the BID programmes ongoing development accountability and governance. The refresh process will not include a review of these roles or resources.
3. BID programmes provide sustainable funding to business associations by applying a targeted rate to business rated properties within a defined geographical area and granting these funds to the relevant business association.
4. BID-operating business associations sign a three-year targeted rate grant agreement which requires compliance with the Auckland Council Business Improvement District (2022) Policy (Kaupapa Here ā-Rohe Whakapiki Pakihi) (the Policy) as attached as Appendix A.
5. Staff are proposing changes to the BID Policy 2022 to clarify minimum requirements, including adding an issues resolution option (the ability to terminate funding agreements in cases of ongoing non-compliance where other concerns are evident), and a requirement for unallocated funds to be reported in the annual report for transparency. Additionally, the deadline for annual accountability reporting will shift from 10 March to 1 December. Other minor changes are also proposed. A summary of proposed changes as part of the policy refresh are attached as Appendix B.
6. Key stakeholders including local boards, BID-operating business associations and relevant council departments will be engaged in the process with feedback sought by 28 February 2025.
7. The updated policy is scheduled for submission to the Governing Body in April 2025 with implementation commencing on 1 July 2025.
Recommendation/s
That the Waitākere Ranges Local Board:
a) tūtohi / receive the report and information regarding the proposed refresh of the BID Policy (2022) and agree to provide formal feedback on the changes proposed.
Horopaki
Context
Overview of the Auckland BID programme
8. BID-operating business associations are membership-based organisations independent of Auckland Council. The Auckland Council Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi) (the policy) sets out the framework for the governance, accountability, and management of a BID programme and targeted rate funding.
9. The policy supports the independent nature of the BID-operating business associations who are responsible for the BID programme delivery, its success, and are accountable to BID members/BID affiliates.
10. Local boards have the primary relationship with BID-operating business associations in their area:
· local boards and business associations have a vested interest in a particular place and share similar goals
· local boards have allocated decision-making responsibility for BID programme establishments, amending existing BID programmes, BID boundary changes, continuation/discontinuation, and issue resolution.
Auckland Council Business Improvement District Policy (Kaupapa Here ā-Rohe Whakapiki Pakihi)
11. The policy was last substantially reviewed and updated in 2021/2022 and approved by the Finance and Performance Committee on 26 July 2022. The policy will be approved for adoption by the Governing Body.
12. Auckland Council requires BID-operating business associations to fully comply with the policy and the three-year BID Targeted Rate Grant Agreement (Appendix A)
13. The policy describes the reason for the BID programme and sets out the process for:
· establishing, continuing/discontinuing BID programmes;
· changes to the BID programme boundary area/map;
· changes to the BID targeted rating mechanism;
· issue resolution;
· key stakeholder roles and responsibilities.
14. The policy sets out the engagement and reporting requirements for BID-operating business associations to ensure all BID members/BID affiliates have access to the relevant BID programme information. BID-operating business associations must use their Annual General Meeting (AGM) process to obtain formal member approval for the BID programme delivery, budget and to confirm their BID targeted rate grant amount for the following financial year.
15. The three-year BID Targeted Rate Grant Agreement sets out the conditions of the BID targeted rate grant funding and the relationship between Auckland Council and a BID-operating business association.
16. There are currently 51 BID programmes within the region.
BID Targeted Rate
17. BID programmes are supported by a BID targeted rate grant providing sustainable funding to BID-operating business associations. A BID targeted rate is applied to business rated properties within a defined geographic area. The rates collected are then provided to the relevant BID-operating business association via an annual grant.
18. The amount of BID targeted rate grant is decided each year at the BID-operating business associations annual general meeting (AGM) as part of the income and expenditure budget for the following financial year.
19. BID targeted rates are set according to the procedure defined in the Local Government (Rating) Act 2002, Section 23.
Local Board role with BID programmes
20. The policy recognises local board decision-making responsibilities in relation to:
· approval of the establishment of a new BID programme and boundary area
· approval of any changes to or amendments to an existing BID programme boundary area
· annually recommending BID programme targeted rate grant amounts to the Governing Body
· recommending to the Governing Body proposed changes to a BID targeted rating mechanism.
21. The BID Policy (2022) is an effective document and includes the provision for local boards to receive an annual BID compliance and accountability report (in May each year). The report provides the local board with information on any issues that may be impacting on the BID programme or BID-operating business association.
22. The May 2024 BID annual compliance report presented to local boards with BID programmes highlighted:
· compliance with the 10 March 2024 due date for accountability reporting was lower than previous years.
· fifty-one per cent (26) of BIDs successfully completed their annual accountability reporting by the due date of 10 March 2024
· forty-one per cent (21) were notified of missing information or documents and received an extension
· four BIDs failed to meet BID Policy Requirement 11 and did not complete annual accountability reporting.
23. These situations are of concern and undermines the BID Policy and the relationship between the organisations and Auckland Council. The BID-operating business associations that receive an allocation of public funds (BID targeted rate grants) should as a minimum reach the BID policy requirements.
24. Of the four BIDs that failed to meet the policy requirement 11, Hunters Corner and Māngere East Village BID were situations of continued non-compliance with the policy over multiple years.
Hunters Corner BID
25. For two years, the BID Team and the local board, dealt with a complex governance and management situation within the Hunters Corner BID involving:
· non-compliance with the BID Policy
· missing financial reporting and association financial records
· accumulating liabilities
· unauthorised changes to bank signatories
· absence of accountability reporting for grant funds received by the BID from local board and a CCO, over several years
· ineffective governance and management processes.
26. Whilst the existing policy issue resolution (section five) could have responded to these situations individually, the issues were long-term, undisclosed, and had no visibility due to governance practices within the business associations committee at the time. Once understood, these factors culminated in the need for effective and immediate decision making by Auckland Council.
27. The situation had moved beyond mere non-compliance with the BID Policy into actions that council deemed a significant risk to the funding and the associations obligations under the three-year BID Targeted Rate Grant funding agreement.
Māngere East Village BID
28. For the past 18 months, staff and the local board have been working through governance and management issues with this BID which has included continued non-compliance with the policy. The BID has also failed to undertake governance processes as set out in their constitution.
29. The outcome of this situation has been the delay of targeted rate payments to the BID due to the concern that BID rate payers (BID affiliates) are receiving no value from the BID programme. The executive committee of Māngere East Village BID has taken no actions to regain compliance with the BID Policy.
30. The local board has been involved in the process and has instructed staff, under resolution, to work with the association towards BID discontinuation from June 2025.
Broadening the definition of an “issue” to include other factors
31. The combination of circumstances in both the examples above have contributed to the need to refresh and add clarity to the issue resolution options in the ‘issues’ section of the policy (Section 5). The existing BID Targeted Rate Grant Agreement document allows for the option for council to not set the target rate and terminate the funding agreement.
32. The situations above (Hunters Corner BID and Mangere East BID) were more nuanced than purely non-compliance with the BID Policy. These situations were identified as:
· a failure to communicate relating to the non-compliance.
· debt accumulation with no actions towards reduction.
· disharmony within a business community.
33. The Introduction of the BID Policy (2022) notes that executive committees “must operate with the principles of trust, respect and democracy, and values of transparency and accountability, and good faith” (pg. 6). The lack of these factors is sometimes difficult to prove but their absence will have an impact on the reputation of a BID programme.
34. The purpose of the additional issue resolution option is to be able to consider factors other than non-compliance.
35. Feedback from local boards is particularly welcomed regarding what other circumstances could undermine the integrity of a BID programme and use of targeted rate.
36. The current policy notes that where an issue is identified, council will work with the BID to achieve compliance. Council staff will communicate with local boards when an issue is identified. This approach will remain unchanged.
37. The proposed new option for issue resolution aligns with current wording in the three-year grant agreement under the section ‘Termination”. The proposed policy wording would allow council to ‘Stop/ End’ (terminate) the three-year BID Targeted Rate Grant Agreement and/or not set the BID targeted rate for subsequent years.
38. The business association would no longer be considered as operating a BID programme under the policy.
39. The proposed additional resolution option should not be of any concern to BID programmes that are compliant with the policy and do not have other act or thing that council deems a significant risk to the associations funding or the associations obligations under this agreement.
BID Policy refresh
40. Communication about the refresh of the current policy began in October 2024 to all stakeholders involved in the management and operation of BID programmes across Tāmaki Makaurau. Stakeholders include all local boards, both BID-operating and non-BID business associations, council departments and interested parties.
41. This report is part of that process and seeks feedback from each local board. A summary of proposed changes to the BID Policy 2022 is attached as Appendix B. Although the refresh focuses on specific areas of the policy, feedback on any section of the policy is welcome.
42. The feedback period is open until 28 February 2025.
43. If approved by the Governing Body in April 2025, the 2025 BID Policy will become operational from 1 July 2025.
44. There are no expected additional financial costs associated with undertaking this refresh.
Tātaritanga me ngā tohutohu
Analysis and advice
Rationale for the refresh
45. The refresh process is based on observations and feedback from working with the policy (2022), annual compliance requirements reporting, and as noted, complex governance and management issues.
46. The aim of the refresh is to:
a) add in more content and clarification to sections of the policy regarding the minimum requirements, including the sections relating to establishments and expansion projects.
b) For clarity purposes, to strengthen parts of the policy (and appendix documents) relating to issue resolution (section five).
Summary of proposed changes suggested for BID Policy (2025) and appendix documents
47. The key proposed changes proposed for BID Policy (2025) are set out in Table 1.
Table 1 - Key changes made to the BID Policy (2025) and appendix documents
Change from 2022 BID Policy |
Description |
Note |
2022 section, Requirement |
New Wording Proposed |
|
||
Section 5 Issue resolution. |
Clarifying what would be deemed an ‘issue’ in addition to non-compliance with the policy.
|
New wording for an additional option to strengthen this section.
These changes should be of no concern to the majority of BIDs compliant with the policy. |
Section 5 Requirement 22 |
|
New wording added to: Requirement 22 ‘… or if Auckland Council becomes aware of any act or thing that is a significant risk to the funding or the obligations under the Three-year BID Targeted Rate Grant Agreement’.
|
Adding the ability for Auckland Council to act in situations where not only non-compliance with the policy is clear, but where there is a potential for serious risk to BID programme funding and the business associations obligations. Examples could include: · a failure to communicate relating to a non-compliance. · debt accumulation with no actions towards reduction. · disharmony within a business community. · a society not prepared to work with Auckland Council. |
|
|
‘Stop and End’ (terminate) the three- year target rate agreement and/ or not set the target rate for subsequent years.
|
‘Last case’ option for BIDs that are non-compliance and/ or with significant risk to the funding or the obligations under the Three-year BID Targeted Rate Grant Agreement.
|
|
New Section 2.6.3 |
Accumulated BID targeted rate grant/unspent BID targeted rate grant |
To provide more clarity and transparency within the BID Treasurer report presented at the BID AGM. Treasurers report to include information on any BID targeted rate grant accumulated or unspent.
|
Added to Section 2.6 |
2.7 |
BID grant used to guarantee, secure, or repay borrowed or raised money. New wording to align with the Three-year BID Targeted Rate Grant Agreement. |
Aligning the policy and the Three-year BID Targeted Rate Grant Agreement regarding the use of BID grant to guarantee, secure or repay borrowed or raised money. |
Added to Section 2.6, and aligning with Requirement 6 |
Section 3, Table One |
Updated tables - BID programme annual accountability reporting. |
Table format updated, new headings and numbering. New wording to provide a better understanding of the minimum requirements and transparency of information reported.
|
Section 3 |
|
New deadline for annual accountability reports to be with council |
Change date of annual accountability reporting from 10 March to the earlier date of 1 December. BIDs can complete post AGM reporting within a shorter period. Enables better alignment between a) council confirmation of compliance with policy and b) council annual draft budget/10year plan engagement process.
|
|
4.1.2 and Requirement 14 |
Audit review option removed |
Advice sought from Risk and Assurance Team recommended that all BIDs be required to undertake an annual full audit. |
Section 4.1.2 and Requirement 14 |
Minor changes – to accommodate administration changes and updates, additional wording to provide clarification to support a better understanding of the requirements of the policy. |
|||
Various places in the policy |
Updating references to the date of the Incorporated Societies Act 2022 |
|
|
|
Removal of council website references |
Information has been updated or is longer relevant. |
|
|
New wording or updated wording |
Wording and sentence structure tidied up and align throughout the policy and appendix documents. |
|
Section 3, Table One |
Treasurer’s written report |
Information transferred from Appendix D and amalgamated into Table One.
|
Section 3, Table One |
4.1.2 |
Governance practices |
New item due to changes within the Incorporated Societies Act 2022. New wording sets the notice requirements for AGM as a minimum of 14 days’ notice and SGM as a minimum of 21 days’ notice. |
Section 4.1.2 and aligning with Requirement 13 |
Section 6 |
Table Three – BID ballot processes New Table Four – BID ballot process and mandate |
Table Three captures information for the Eligible BID Voter list. New Table Four captures BID ballot process and mandate. Table format updated, wording added to tidy sentence structure and understanding of the processes associated with BID ballots. |
Section 6.4, Table Three and new Table Four |
Appendix A |
Tidied up wording |
To align with the policy |
|
Appendix B |
Tidied up wording |
Tidied up form layout and sentence structure, wording and added in numbering |
|
Appendix C |
Tidied up wording |
|
|
Appendix D |
Removed |
Information transferred and merged into Section 3, Table One |
|
New Appendix D |
Summary of policy requirements |
Updated to align with policy |
|
Appendix E |
Abbreviation and definitions |
Updated to align with policy |
|
48. A detailed summary of the proposed changes to the policy and appendix documents is set out in Appendix B.
Draft BID Policy (2025) and appendix documents
49. The draft BID Policy (2025) and appendix documents will be presented to the Governing Body at the April 2025 meeting.
50. Once approved, BID Policy (2025), the appendix documents and changes document will be made available on the BID Auckland Council website www.bid.aucklandcouncil.govt.nz
Tauākī whakaaweawe āhuarangi
Climate impact statement
51. The BID Policy (2025) focuses on the governance and accountability for BID-operating business associations. Individually the BID programme, through targeted rate-funding, can focus on advocacy and activities relating to climate factors at the request of their members.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
52. Formal feedback will be sought from council teams and those who work and have an interest in the BID programme and business community space.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
53. Local boards strongly contributed to the development of BID Policy (2022). The refresh process for the development of BID Policy (2025) presents an opportunity for local board feedback that can shape the content of the policy.
54. Local boards are asked to provide formal feedback on the changes proposed for BID Policy (2025). Local boards are encouraged to engage with BID-operating business associations in their local board area to help to inform this feedback process.
Tauākī whakaaweawe Māori
Māori impact statement
55. Officers are working with Auckland Council’s Ngā Mātārae Unit to ensure that the BID Policy (2025) aligns with the Auckland Council’s Kia Ora Tāmaki Makaurau performance measurement framework.
Ngā ritenga ā-pūtea
Financial implications
56. There are no financial implications for local boards under the refresh of the BID Policy (2022).
57. Targeted rates for BID-operating business associations are raised directly from business rated ratepayers and used by the business association for improvements within that rohe. The council’s financial role is to collect the BID targeted rates and pass them directly to the association every quarter.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
58. There are no direct financial risks to the local board or the council that could result from the refresh of the BID Policy (2022) and appendix documents.
59. The BID Policy describes the balance between the independence of the BID-operating business association, and the accountability role council has for monies collected as a public sector organisation. This balance is necessary to sustain public trust and confidence with the Auckland Council BID programme.
60. At the completion of the refresh, BID Policy (2025) and appendix documents will set out the requirements and obligations for BID-operating business associations and are intended to help minimise the potential for business associations to misuse BID targeted rate funds by requiring each BID to plan for their intended use, report on its activities to its members, to undertake and meet all requirements set out in the policy.
Ngā koringa ā-muri
Next steps
61. All BID-operating business associations and non-BID business associations will be advised of the refresh and invited to provide feedback on the changes proposed. The policy refresh, and engagement information will also be published on the council BIDs website www.bid.aucklandcouncil.govt.nz
62. Feedback from local board representatives on BID programmes is particularly valuable for policy development. Upon request, a workshop session could be organised. Appendix C details the stakeholders which the refresh will engage with.
63. Following formal feedback received from local boards, CCOs, BID-operating business associations, non-BID business associations, council departments, other external stakeholders, and those with an interest in BID programmes, the proposed BID Policy (2025) and appendix documents will be put before the Policy and Governing Body in April 2025 for approval.
64. The BID Policy (2025), if approved by the Governing Body, BID Policy (2025) would become operational on 1 July 2025.
Ngā kaihaina
Signatories
Authors |
Claire Siddens - Principal Advisor Business Improvement District Programme (BIDs) |
Authorisers |
Alastair Cameron, Manager - CCO Governance & External Partnerships Lou-Ann Ballantyne - General Manager Governance and Engagement Adam Milina – Local Area Manager |
Ngā tāpirihanga
Attachments
No. |
Title |
Page |
a⇩ |
Business Improvement District (BID) Policy (2022) |
77 |
b⇩ |
Changes between current Business Improvement District (BID) Policy and proposed BID Policy 2025 |
123 |
c⇩ |
Stakeholder Engagement Programme |
129 |
Ngā kaihaina
Signatories
Authors |
Claire Siddens - Principal Advisor |
Authorisers |
Adam Milina - Local Area Manager Alastair Cameron - Manager CCO/External Partnerships team |
27 February 2025 |
|
Public feedback report on the traffic bylaw review
File No.: CP2025/01276
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.
Recommendation/s
That the Waitākere Ranges 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 Member(s) XYZ 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 Waitākere Ranges local board at a workshop on 15 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 15 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.
Attachments
No. |
Title |
Page |
a⇩ |
Draft Vehicle Use and Parking Bylaw 2025 and the supporting proposals |
137 |
b⇩ |
Local board summary of public feedback |
163 |
Ngā kaihaina
Signatories
Authors |
Joemier Pontawe – Principal Policy Advisor, Auckland Transport Ben Stallworthy – Principal Advisor Strategic Relations, Auckland Transport |
Authorisers |
Lou-Ann Ballantyne - General Manager Governance and Engagement Adam Milina - Local Area Manager |
27 February 2025 |
|
Delegated feedback of the Waitākere Ranges Local Board on the Resource Management (Consenting and Other System changes) Amendment Bill
File No.: CP2025/01762
Te take mō te pūrongo
Purpose of the report
1. To inform the Waitākere Ranges Local Board of its feedback on the Resource Management (Consenting and Other System changes) Amendment Bill.
Whakarāpopototanga matua
Executive summary
2. Timelines for central government consultation processes do not typically align with local board meeting timeframes to allow for matters to be reported to the local board.
3. To ensure there is the opportunity to provide input on matters of interest, at the 8 December 2022 business meeting the Waitākere Ranges Local Board resolved to delegate to the Chair to approve and submit the local board’s input into Auckland Council submissions.
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Resolution number WTK/2022/1 MOVED by Member L Potauaine, seconded by Member L Manley: That the Waitākere Ranges Local Board: a) tautapa / delegate authority to the Chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils. b) tuhi ā-taipitopito / note that the local board can continue to use its urgent decision process to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils, if the Chair chooses not to exercise the delegation sought in recommendation (a). c) tuhi ā-taipitopito / note that this delegation will only be exercised where the timeframes do not allow for local board input to be considered and approved at a local board meeting. d) tuhi ā-taipitopito / note all local input approved and submitted for inclusion in an Auckland Council submission is to be included on the next local board meeting agenda for the public record. CARRIED |
4. The Government has introduced the Resource Management (Consenting and Other System changes) Amendment Bill as part of its phase two resource management system reform.
5. The deadline for submissions is 10 February 2025. The Bill is expected to be passed into law by mid-2025.
6. The local board members were provided with a briefing on 28 January 2025. The local board members were also provided with a memo (Attachment B), a document on the process of removing heritage protection (Attachment C) and the Resource Management (Consenting and Other System changes) Amendment Bill (Attachment D).
7. Local board feedback was due on 3 February 2025 to be incorporated into the Council submission, and 7 February 2025 to be appended to the Council submission.
8. A delegated decision was required as the final deadline for feedback input for inclusion in the council’s submission was 7 February 2025, and the Wāitakere Ranges Local Board’s next scheduled business meeting was on 27 February 2025. The Board provided its feedback (Attachment A) through the delegated feedback process on 3 February 2025.
9. This feedback is appended as Attachment A.
Recommendation/s
That the Waitākere Ranges Local Board:
a) whiwhi / receive the decision made under delegation on 3 February providing feedback on the Resource Management (Consenting and Other System Changes) Amendment Bill.
Attachments
No. |
Title |
Page |
a⇩ |
3 February 2025, Wāitakere Ranges Local Board: Feedback on the Resource Management (Consenting and Other System Changes) Amendment Bill |
169 |
b⇩ |
Resource Management (Consenting and Other System changes) Amendment Bill Memorandum |
173 |
c⇩ |
Process of removing heritage protection |
179 |
d⇩ |
Resource Management (Consenting and Other System changes) Amendment Bill |
181 |
Ngā kaihaina
Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |
27 February 2025 |
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Chair's Report - Greg Presland
File No.: CP2025/00086
Te take mō te pūrongo / Purpose of the report
1. To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.
Whakarāpopototanga matua
Executive summary
2. Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
Chair Greg Presland's Report - February 2025 |
251 |
Ngā kaihaina / Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |
27 February 2025 |
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Hōtaka Kaupapa / Governance Forward Work Programme
File No.: CP2025/00085
Te take mō te pūrongo
Purpose of the report
1. To present the Waitākere Ranges Local Board with its updated Hōtaka Kaupapa / Governance Forward Work Programme calendar (the calendar).
Whakarāpopototanga matua
Executive summary
2. The calendar for the Waitākere Ranges Local Board is in Attachment A. The calendar is updated monthly and reported to business meetings.
3. The calendar is part of Auckland Council’s quality advice programme and aims to support local boards’ governance role by:
· ensuring advice on meeting agendas is driven by local board priorities
· clarifying what advice is expected and when
· clarifying the rationale for reports.
4. The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.
Recommendation/s That the Waitākere Ranges Local Board: a) whiwhi / receive the Hōtaka Kaupapa / Governance Forward Work Programme for February 2024.
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Attachments
No. |
Title |
Page |
a⇩ |
Waitākere Ranges Local Board Hōtaka Kaupapa/Governance Forward Work Programme Calendar - February 2025 |
263 |
Ngā kaihaina
Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |
27 February 2025 |
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Workshop Records
File No.: CP2025/00083
Te take mō te pūrongo / Purpose of the report
1. To present records of workshops held by the Waitākere Ranges Local Board.
Whakarāpopototanga matua / Executive summary
2. A workshop record providing a brief summary of the general nature of the discussion is reported to the next business meeting, along with, where considered appropriate under the Local Government Official Information and Meetings Act 1987, related supporting material.
3. Waitākere Ranges Local Board workshops are open to the public. This means that public and/or media may be in attendance and workshop materials including presentations and supporting documents will be made publicly available unless deemed confidential.
4. Workshop records and supporting documents are publicly available at the following links:
· 12 December:
https://infocouncil.aucklandcouncil.govt.nz/Open/2024/12/20241212_WRLBW_MIN_12939_WEB.htm.
Ngā tūtohunga / Recommendation/s That the Waitākere Ranges Local Board: a) whiwhi / receive the workshop records for 12 December 2024.
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Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Authors |
Salif Sidibe - Democracy Advisor |
Authorisers |
Adam Milina - Local Area Manager |