Agenda of Franklin Local Board - Tuesday, 27 May 2025

No.	Title	Page
a ⇩	1 April 2025 Franklin Local Board workshop notes	11
b ⇩	8 April 2025 Franklin Local Board workshop notes	15
c ⇩	15 April 2025 Franklin Local Board workshop notes	19
d ⇩	22 April 2025 Franklin Local Board workshop notes	23
e ⇩	29 April 2025 Franklin Local Board workshop notes	27

No.	Title	Page
a ⇩	Franklin Local Board Governance Forward Work calendar Hōtiaka Kaupapa May 2025	33

Franklin Local Board

27 May 2025

Auckland Council's Quarterly Performance Report: Franklin Local Board for Quarter Three 2024/2025

File No.: CP2025/08434

Te take mō te pūrongo

Purpose of the report

1. To receive the Franklin Local Board’s integrated quarterly performance report for Quarter Three, 1 January to 31 March 2025.

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 Franklin Local Board Plan outcomes.

4. The key activity updates from this quarter are:

· ID 4371 Franklin Communication and Engagement: Posters stating "This facility is supported by Franklin Local Board" have been displayed in community venues throughout Franklin. These posters include a QR code for signing up to the e-newsletter and the People’s Panel, and they promote the Franklin Local Board’s Facebook and Instagram pages. Online social media training sessions for community organisations in Franklin are scheduled for May and June 2025. An expression of interest form will be circulated in April to Rural Hall Committees, Strategic Community Partners, and selected other groups.

· ID 108 Franklin Arts Broker programme: Quarter 3 has delivered a multitude of successful arts activities across Franklin. Highlighted are:

· The Waiuku Music and Arts Festival, which sets the high tone for ongoing community-led initiatives in the town.

· A temporary mural project in the courtyard of the Franklin Arts Centre (Symbiosis- mural project).

· An ongoing platform for classical musicians in Clevedon (Sunday Serenades).

· A joyful new mural for Puni School (painted by Pukekohe artist).

· The launch of the Franklin Artists Database compiled by the Arts Broker scheme.

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):

· Plans and Places (ID1287) Wider southern local settlements scoping study: This project has been placed on hold-pending the outcomes of PC78.

6. Financial performance summary for nine months ended 31 March 2025

a) Net operating performance for Franklin Local Board is two percent over budget for the nine months ended 31 March 2025. Operating expenditure is two percent over budget, and operating revenue is six per cent below budget. Capital expenditure is 24 per cent below budget year to date.

7. The board is also asked to re-allocate funding as outlined in the Financial implications section of the report.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) receive the integrated performance report for Quarter Three ending 31 March 2025

b) reallocate $3,500 from ID 4445 Franklin Māori Partnership Programme to ID 112 Capacity and resilience building Franklin to support the Ngaati Te Ata Matariki Waananga

c) approve reallocating $3,000 from ID 4445 Franklin Māori Partnership Programme to ID 570 Finding Franklin Bats

d) approve reallocating $1,000from ID 4445 Franklin Māori Partnership Programme to ID 552 Predator Free Franklin

e) approve reallocating $2,000 from ID 3552 Achieving Māori Outcomes Franklin: Ara Kōtui Programme to ID 552 Predator Free Franklin

f) approve reallocating $3,000 from ID 528 Ecological Volunteering programme to ID 533 Franklin Mangrove Removal-Mudlarks.

Horopaki

Context

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

· Customer and Community Services

· Local Environmental

· Plans and Places

· Auckland Emergency Management

· Local Governance.

9. 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 advice

Local Board Work Programme Snapshot

10. 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

11. 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 three

12. Key activity updates for quarter three include:

· ID 4086 Zero Waste Education & Events Franklin: The Community Recycling Centre (CRC) has continued to play an active role in delivering workshops, activations, and contributing to community events. In addition, the CRC hosted engagement tours for Sustainable Schools teacher clusters, with visits in January and March involving a total of 29 teachers. These tours focused on zero-waste initiatives and offered practical, hands-on ideas for integrating sustainability into the classroom. Recent workshops included the Eco Glow DIY cleaning and beauty products workshop, Kids Day Reuse Workshop, and a Repair Café, with a combined total of 50 attendees across the three sessions. The CRC also delivered educational activations at several community events, including:

· The Little Green Expo in Pukekohe, with 110 stall visitors (80 adults and 30 children)

· The Beachlands Trolley Derby, attracting 105 stall visitors.

· ID 113 (Franklin Youth Participation) Working with our young people for a better future: Pukekohe Youth Leadership Council (PYLC): PYLC resumed meetings in late January following the summer break. They completed an insights report and presented it to the Franklin Local Board. In response, PYLC developed an annual plan and hosted the first Southern Clusters meeting. A proposed partnership with Kidz First aims to co-design a youth hub. PYLC also participated in community consultation for the pump track and began collaborations with Akerei Thomson, focusing on youth enterprise and work readiness. Pohutukawa Coast: Takutai Trust has signed a contract to support the Pohutukawa Coast Youth Council (PCYC). PCYC contributed to submissions for the Auckland Council Annual Budget. In addition, the Rotary Club has launched a youth leadership programme that uses environmental initiatives as a platform for positive change. Tu Whera Trust: The Trust has established the Waiuku Youth Network and the Youth Voice Panel and has relaunched the "Chips and Chatz" sessions—a Friday afternoon youth drop-in initiative. Te Ara Rangatahi Trust: The Trust has completed Cohort 1 of its 12-week programme and has now transitioned into providing pastoral care.

· ID 3935 Franklin hub services – access: Pukekohe Library and the Franklin Arts Centre recorded a combined total of 51,113 visitors this quarter—a 23% increase compared to the same period last year. Waiuku Library welcomed 15,741 visitors, a slight decrease of 47 visits from the corresponding quarter in the previous financial year. Overall satisfaction with library services remains high at 91.04%, and satisfaction with gallery exhibitions is also strong at 92.5%. A total of 522 new library memberships were issued, and there were 572 council service interactions recorded during the quarter.

· ID 4343 Franklin Community Partnerships Programme: Twenty-one of the twenty-two funding agreements have been finalised, with staff continuing to support the remaining group to complete the necessary steps to access their funding. In Quarter 3, seven Community Partnership groups presented to the Local Board, with a further twelve scheduled to present in Quarter 4. Two Business Associations will report back as part of their regular BID cycle, including updates on their partnership programme activities. The final group is scheduled to present in Quarter 1 of the next financial year, as their activities are planned for the end of the current financial year.

Activities with significant issues

13. The following work programme activities have been identified by operating departments as Red status:

· ID 1287 Plans and Places, Wider Southern local settlements scoping study: This project has been placed on hold pending the outcomes of PC78.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. 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:

· ID 522 Predator Free Franklin Te Ara Hikoi: The pest control program is expanding, with increased numbers across Franklin. They are exploring ways to boost activity among current participants, including proactive contact and offering site visits, piloted in selected areas due to resource constraints. The pest plant programme has budget constraints that limit opportunities for expansion, with some funds redirected to support community efforts to eradicate crack willow from the Wairoa River. The Franklin Local Board contribution will fund herbicide and application equipment. and execute funding agreements and work with recipients towards achieving the desired outcomes for each project

· ID 567 C.R.E.S.T Programme: CREST has a new coordinator this year, focusing on outreach to the Kingseat community and further east, with plans to improve trapping number records and extend outreach to Karaka. A Karaka / Te Hihi hub day is planned for the coming weeks. In March, the annual CREST BBQ featured talks from local conservation volunteers. During the event, 70 kilograms of bait and over 60 traps were distributed to landowners to combat pest animals. Local biodiversity monitoring confirmed a resident bat population in the Spookers / Kingseat area, which will benefit significantly from local pest control efforts.

· ID 570 Finding Franklin Bats: This quarter has been highly productive for bat monitoring efforts. A significant number of bats were caught, including a newly discovered colony near Patumāhoe. A high number of juveniles and several males were recorded, providing valuable insights into local population dynamics and confirming the viability of the bat population in Franklin. A couple of community members were certified as bat handlers. In February, local board members were hosted for a bat-catching night, strengthening their engagement with the work. Throughout this period, multiple bat walks and talks were conducted, increasing public awareness of bat conservation. Looking ahead, community outreach will be expanded, particularly by engaging local schools in upcoming bat-focused events.

· ID 333 Franklin Mangrove Removal Programme: A total of 828 volunteer hours were recorded this quarter, with 783 hours spent on mangrove clearance, 25 hours spent on pest animal control and 20 hours spent on planting site maintenance. In January, 56 of the reported hours were spent on managing the net below the Stage 2 retention area which catches propagules that would otherwise have been distributed to cleared areas. 322 buckets of propagules were filled which equates to over one million seeds

· ID 616 Papakura Stream Restoration programme – Franklin: Work on the nursery is ongoing. The nursery is growing 5,000 carex for 2025 planting work. The plan is to grow 50,000 plants a year by 2026/2027 financial year. These will be used in both public and private restoration efforts. Maintenance of the existing plants on five farms is ongoing with both volunteer and contractor work. Preparation is ongoing for planting within the quarter four period. This will involve working with further landowners and students from Trees for Survival to plant farmlands and educate students on farming practices.

· ID 4096 Franklin Rural Landowner Initiatives: No funding was allocated to this line item by the local board in the 2024/2025 financial year. Work continues on scoping projects put to the board for the 2025/2026 financial year. Project proposals are currently with the local board for consideration for the new financial year.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. 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

16. This report informs the Franklin Local Board of the performance for Quarter Two ending 31 March 2025

Tauākī whakaaweawe Māori

Māori impact statement

17. This report includes activities that have a direct impact on Māori outcomes with Mana Whenua or Mataawaka:

· ID 532 Manukau Harbour Forum – Franklin: The forum was represented at the Onehunga Festival and Portage Crossing in Māngere this quarter. The coordinator attended the Coastal Restoration Trust conference in Tolaga Bay and the Taiao Wānanga – Motuhoa in Tauranga. Planning for the 31 May symposium is progressing, with a pre-event clean-up scheduled in collaboration with Sea Cleaners, set for the two weeks prior. Two agenda development hui have begun outlining the event, and speakers/groups are being contacted for involvement. A venue visit with Mandy Kupenga, the Master of Ceremonies, helped finalise planning details. The event planner has started coordinating with the Auckland Council communications team to prepare launch materials.

· ID 1016 Wai-O-Manu: Meetings with Nga Tai and Franklin local board have commenced, Te Waka Tai Rangawhenua working on new co-management structure and Terms of Reference.

· ID Te Korowai o Papatuānuku: Planning is in place for planting at four sites - Rangiriri, Tāhuna Pā, Reretēwhioi, and multiple properties on Lake Whatihua. This will involve school plantings and iwi/community planting days. Approximately 30,000 plants are expected to be planted between May and June 2025. Ngāti Te Ata’s West Coast Bush Services completed all maintenance work around previous planting sites in February 2025. Fencing for southern Lake Whatihua is expected to be completed by April/May 2025.

· ID 3552 Achieving Māori Outcomes Franklin: Ara Kōtui. Budget underspend of 2k was identified and possible options A hui was held in February 2025 where the Terms of Reference for Ara Kōtui were reviewed and updated for 2025. The schedule for hui in 2025 was discussed, with direction to move to bi-monthly, with some in person hui and during working hours. There was discussion regarding the Action Plan for 2025 with direction to continue with focus on Local Government Elections, more focus on Māori Outcomes, and a request for clarity around what items of shared interest might be addressed. A preliminary discussion on the concept of a three year programme of elected member development in Te Ao Māori was discussed. There was general support for this, particularly the need to iwi to share priorities with elected members early in the electoral term to inform local board plan development; also an opportunity for collective hui at the start of the term, noting the limited capacity of both local boards and iwi representatives. The March hui focused on the Annual Budget 25/26, with a presentation from finance on the regional topics and a recap of local board priorities. Iwi representatives gave some high level feedback. Mana whenua iwi attendance this quarter was as follows:

· February - Ngaati Whanaunga, Ngāti Maru, Ngāti Tamaoho

· March - Ngaati Whanaunga, Ngāti Maru, Ngaati Te Ata.

· ID 4053 Pukekohe Cemetery unmarked graves redress: Two workshops were held during this period, alongside several community engagement activities. Whānau and hapori engagement hui were promoted through various channels, including a digital poster campaign and outreach to key stakeholder groups, who were encouraged to share the information within their networks. Key themes emerging from whānau engagement on the proposed memorial highlighted the deep pain and grief associated with this kaupapa, and the strong connection between whānau stories and the history of the market gardens. Some also shared that a memorial must be inclusive and should seek to be transformative.

· ID 4445 Franklin Māori Partnership Programme: Meeting with Ngāti Tamaoho CEO to build an inter-relationship with on a board to board basis. Ngāti Tamaoho elections are also scheduled to occur shortly and discussions are ongoing to schedule a Oct/Nov meeting to coincide with local board elections. Ngāti Tamaoho have expressed a desire to include and develop rangatahi in the governance space to shadow the local board chair to gain a better understanding of local board decision making and regional activities of council.

Ngā ritenga ā-pūtea

Financial implications

18. This report is provided to enable Franklin Local Board to monitor the organisation’s progress and performance in delivering the 2024/2025 work programmes. There is a recommendation to reallocate Locally Driven Initiative Operating Expenditure (LDI Opex) budgets as outlined in the table below.

ID/Ref	Work Programme Name	Activity Name	Summary of Change	ID/Ref	Work Programme Name	Activity Name
4445	Local Governance	Franklin Māori Partnership programme	Reallocate $3.5K	112	Customer and Community support	Capacity and resilience building Franklin. Ngaati Te Ata Matariki Waananga
4445	Local Governance	Franklin Māori Partnership programme	Reallocate $3K	570	Local Environmental	Finding Franklin Bats
4445	Local Governance	Franklin Māori Partnership Programme	Reallocate $1k	552	Local Environmental	Predator Free Franklin
3552	Local Governance	Ara Kōtui	Reallocate $2k	552	Local Environmental	Predator Free Franklin
528	Local Environmental	Ecological volunteering programme	Reallocate $3K	533	Local Environmental	Franklin Mangrove Removal- Mudlarks

The reallocation recommendation has no financial impact on the overall LDI Opex budget.

19. A financial summary for the local board is provided below:

· Operating expenditure of $14.65 million is $279,000 over budget.

· ABS (Asset Based Services) operating expenditure overspend of $144,000 is made up of higher facility maintenance costs, mitigated by lower charges for facility utilities mostly in recoveries for gas costs.

· For LDI (Locally Driven Initiatives) operating expenditure is over budget by $113,000 due to timing of some programmes’ payments with no financial implications.

· Operating Revenue of $341,000 million is $22,000 below budget mainly due loss of revenue from Pukekohe Town Hall hire, mitigated by higher hall revenue over other halls.

· Capital expenditure of $11.03 million year to date is $2.2 million below budget for local renewals, coastal renewals and one park development. The majority of programmes indicate no issues.

· The financial report for the nine months ended 31 March 2025 for Franklin Local Board area is in Appendix B attached.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

20. 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.

21. 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.

22. 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

23. The local board will receive the next performance update following the end of quarter four (30 June 2025).

Ngā tāpirihanga

Attachments

No.	Title	Page
a	Work Programme Quarter 3 update (Under Separate Cover)
b ⇩	Franklin LB Financial update Q3	47

Ngā kaihaina

Signatories

Author	Orrin Kapua - Local Board Advisor
Authoriser	Manoj Ragupathy - Local Area Manager

Franklin Local Board

27 May 2025

Variation to 2025-2027 Customer and Community Services work programme by way of variation to Pukekohe War Memorial Town Hall - renew heritage asset project

File No.: CP2025/09109

Te take mō te pūrongo

Purpose of the report

1. To seek approval to utilise the balance of unallocated local capital expenditure– renewal (capex) budget for a variation to the Pukekohe War Memorial Town Hall – renew heritage asset from the Franklin Local Board 2025–2027 Customer and Community Services work programme.

Whakarāpopototanga matua

Executive summary

2. The Franklin Local Board adopted its 2025–2027 Customer and Community Services work programme on 25 June 2024 (resolution number FR/2024/68).

3. The local board has a balance of unallocated capex budget of $327,242 available in financial year 2024/2025 due to an underspend in financial year 2023/2024 that has been carried forward by the finance team to financial year 2024/2025 as projects were under-delivered in financial year 2023/2024.

4. The adopted work programme contains the Pukekohe War Memorial Town Hall - renew heritage assets’ (Project ID 20637) project and has been allocated a budget of $7,214,933 from the capex renewal budget.

5. The Pukekohe War Memorial Town Hall project is progressing well, with the use of the Risk Adjusted Programme (RAP) process to accelerate delivery. However, this accelerated timeline impacts the allocated budget for the 2026 financial year, reducing the total budget for that period. To mitigate the financial impact in 2025/2026, staff recommend allocating an additional budget of $327,242 in financial year 2024/2025. This adjustment will reduce the advanced delivery amount for financial year 2025/2026 by the same sum, enabling other projects to be prioritised for selection in financial year 2025/2026.

6. The additional budget allocation to Pukekohe War Memorial Town Hall projects will be allocated from the balance of unallocated capex budget in financial year 2024/2025.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakaae / approve the variation including budget and timeline changes to its adopted 2025-2026 Customer and Community Services work programme as per attachment A, specifically:

i) shift budget allocation of $327,242 to financial year 2024/2025 for project ID 20637 Pukekohe War Memorial Town Hall - renew heritage assets to reduce impact on the advance delivery for 2025/2026.

Horopaki

Context

7. Franklin Local Board approved the 2025-2027 Customer and Community Services work programme on 25 June 2024 (resolution number FR/2024/68). The budget allocated for all projects in the work programme and the anticipated timelines were best estimates and are subject to change as projects progress through the design and delivery process.

8. After the financial balancing by the Finance Team for financial year 2023/2024 there is a balance of an unallocated capex renewal budget of $327,242 available in financial year 2024/2025. This is due to an underspend in financial year 2023/2024 that has been carried forward by the finance team to financial year 2024/2025 as projects were under-delivered in financial year 2023/2024.

9. Staff have identified Pukekohe War Memorial projects in the current approved 2025-2027 Customer and Community Services work programme where additional budget allocation is required. Approved funding allocations for the identified projects are shown in Table 1 below:

Table 1: approved funding allocation for the project

Project ID

Activity name

Activity description

Budget source

Total

budget allocation

ID20637

Pukekohe War Memorial Town Hall - renew heritage assets

· Renew assets in conjunction with the heritage team to ensure - Seismic upgrade of the building to 67%new building standard,

· Removal of asbestos and corroding galvanised steel roofing products and re-roof all roofs; Retention of interior asbestos ceiling to main hall

· Refurbishment of window and door joinery, timber and metal across site; Exterior building re-decoration repairs and repaint to rendered masonry walls; Interior redecoration to revitalise and bring up to standard.

· All the above to reflect the heritage values of the building and site; Fire compliance brought up to standard, alarm systems, means of escape etc. – as advised by the Fire Engineer.

· Site infrastructure brought up to standard if required)

· FY19/20 - investigation and design renewals work

· FY20/21 to FY21/22 physical works, renewals

· FY22/23 - design and consent seismic work

· FY23/24 to FY27/28 - physical works, seismic

Risk Adjusted Programme project. Seismic funding of $1,250,000

Capex Local Renewals

$7,214,933

Total Budget

$7,214,933

16. A project to renew the heritage asset at Pukekohe War Memorial Hall was approved by the local board as part of 2025–2027 Customer and Community Services work programme.

17. The project is progressing well, with the use of the Risk Adjusted Programme (RAP) process to accelerate delivery.

18. However, this accelerated timeline impacts the allocated budget for the 2025/2026, reducing the total budget for that period. To mitigate the financial impact in 2025/2026, staff recommend allocating an additional budget of $327,242 in 2024/2025. This adjustment will reduce the advanced delivery amount for 2025/2026 by the same sum, enabling other projects to be prioritised for selection in 2025/2026.

19. The additional budget of $327,242 will be allocated to the project from the financial year 2024/2025 unallocated capex.

Tātaritanga me ngā tohutohu

Analysis and advice

20. Proposed variations and how they will affect the current 2025–2026 Customer and Community Services work programme are shown in Attachment A and noted in Table 2 below:

Table 2: Description of the proposed variations to the 2025-2027 Customer and Community Services work programme

Project ID

Activity Name

Budget variations

FY2024/2025

Details

ID 20637

Pukekohe War Memorial Town Hall – renew heritage asset

Additional budget of $280,000 is required to reduce the advance delivery for the project in FY2025/2026.Approved FY24/25 budget

$1,693,535

Revised FY24/25 budget

$2,020,777 (increase of $327,242)

Approved FY25/26 budget

$2,474,608

Revised FY25/26 budget

$2,147,366 (decrease of $327,242)

Approved FY26/27 budget

$2,494,927

No Change

Proposed allocation of additional budget will ensure to mitigate the financial impact in FY2026. This adjustment will reduce the advanced delivery amount for financial year 2025/2026 by the same sum, enabling other projects to be prioritised for selection in FY2026.

21. The proposed variations are within the local board’s financial year 2024/2025 budget envelope and will not substantially impact the approved projects or the overall work programme.

22. All future budget allocations to deliver the full scope of work for each project will be discussed with the local board as part of the development of their next year’s work programme.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23. The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan 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.

24. It is anticipated there will be an increase in carbon emission from construction, including contractor emissions. Staff will seek to minimise carbon and contractor emissions as much as possible when delivering the project.

Renewing an existing building has a generally lower climate impact than building new, due to significantly reduced embodied carbon emissions. This is because renovations reuse existing materials and infrastructure, minimising the need for new material, production, and transport

25. Maximising the upcycling and recycling of existing material, aligned with the waste management hierarchy (prevention, reduction, recycle), will also be prioritised to ensure minimum impact.

26. Mitigation of greenhouse gas emissions will be achieved through sourcing of low-carbon material options (including sourcing materials locally) and the use of products with environmental declarations for embodied carbon reductions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. Council staff from within the Customer and Community Services directorate; Community Facilities Operational Management and Maintenance and Active Communities, Auckland Transport and Healthy Waters teams have been consulted and supportive of the proposed budget changes to renew and adjust budgets for Pukekohe War Memorial Hall project park within the Franklin area to meet the service level requirements for the local community.

28. The overall 2025-2026 work programme was developed through a collaborative approach by operational council departments, with each department represented in an integrated team.

29. Collaboration with staff will be ongoing throughout the life of the project to ensure integration into the operational maintenance and asset management systems.

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

Local impacts and local board views

30. Staff have discussed the proposal and rationale for this change with the local board at workshops on 4 March 2025 and 2 April 2025. The local board requested for further information to be provided in a business report to help make decisions regarding utilising the balance of unallocated funding for Pukekohe War Memorial Hall projects.

31. The project will deliver for our places and benefit community by providing changes to our current facilities network so that our parks, libraries, community halls and recreational facilities are fit for purpose, and deliver to future need and budget constraints. The project aligns and support the Franklin Local Board Plan 2023:

· Our Places - - making changes to our current facilities network so that our parks, libraries, community halls and recreational facilities are fit for purpose, and deliver to future need and budget constraints.

Tauākī whakaaweawe Māori

Māori impact statement

32. The project discussed in this report will benefit Māori and the wider community through provision of quality facilities and open spaces that promote good health, the fostering of family and community relationships and connection to the natural environment.

33. Where aspects or the work programme are anticipated to have an impact on activity of importance to Māori, then appropriate and meaningful engagement will be undertaken.

34. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori. 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), Whiria Te Muka Tangata Māori Responsiveness Framework, Kia Ora Tāmaki Makaurau - Māori Outcomes Performance Measurement Framework and local board plans.

Ngā ritenga ā-pūtea

Financial implications

35. The proposed variations are within the local board’s budget envelopes for each year and will not substantially impact the approved projects or the overall work programme.

36. The available balance of unallocated capex budget of $327,242 in financial year 2024/2025 needs to be reprioritised to allow funds to be better utilised and reduce further under-delivery financial impacts

37. The budgets associated with the work programme are estimates. Costs are subject to change and may need to be refined as the projects progress through the delivery process. The changes and budgets included above include a ten percent contingency to enable any unforeseen cost escalations.

38. The proposed variations are within the local board’s budget envelopes for each year and will not substantially impact on the approved projects or the overall work programme.

39. Details of proposed variations are outlined in Table 2 and the recommended changes as shown in attachment A have been agreed with the local board’s lead financial advisor.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. Amendments to the project as outlined in Table 2 are essential to renew the Pukekohe War Memorial Hall within the Franklin Local Board area. If the local board does not approve the change, there is a risk the available balance unallocated capex budget of $327,242 in financial year 2024/2025 will not be utilised and in turn impact the financial year 2025/2026 budgets.

Ngā koringa ā-muri

Next steps

41. Subject to the local board’s decision on the proposal outlined in this report, the local board’s 2025–2026 Customer and Community Services work programme will be amended to reflect the decision, and works will commence on the projects as per the timing outlined in the approved work programme.

42. Progress and updates on the work programme will be reported to the local board as part of the quarterly reports to the local board.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Proposed amendment to 2025-2-27 Customoer Community Services Work Programme May 2025	59

Ngā kaihaina

Signatories

Author

Moushmi Sharan - Work Programme Lead

Authorisers

Eli Nathan - Head of Area Operations

Manoj Ragupathy - Local Area Manager

No.	Title	Page
a ⇩	Notice of Motion - Member Holmes - Glenbrook Beach Beachfront playground	63
b ⇩	Kahawai/Glenbrook Beach Reserve playground concept 22 April 2025	65
c ⇩	Final Kahawai/Glenbrook Beach Reserve playground concept plan	67

No.	Title	Page
a ⇩	Auckland Transport update to Franklin Local Board May 2025	71

Franklin Local Board

27 May 2025

Endorsing Business Improvement District (BID) targeted rate grants for 2025/2026

File No.: CP2025/02960

Te take mō te pūrongo

Purpose of the report

1. To confirm Business Improvement District (BID) annual compliance against the Auckland Council BID Policy (Kaupapa Here ā-Rohe Whakapiki Pakihi) as of 10 March 2025.

2. To consider whether the local board should recommend to the Governing Body the setting of the targeted rates for the Pukekohe and Waiuku Business Improvement District (BID) programmes for the 2025/2026 financial year.

Whakarāpopototanga matua

Executive summary

BID-operating business associations within the local board area

3. Business Improvement Districts (BIDs) are programmes where local business and property owners have agreed to work together to improve their business environment, encourage engagement with all BID members and attract new businesses and customers.

4. The BID Policy includes a total of 23 Requirements, 19 are the direct responsibility of the BID-operating business association (BID) and inform this report. As part of the 19 Requirements, the BIDs are required to provide annual accountability reports which are due 10 March each year.

5. All BIDs need to work within the BID Policy and meet the terms of the signed three-year BID Targeted Rate Grant Agreement.

6. The BID annual accountability reports on public funds received by the BID within the local board area for the 2023/2024 financial year and compliance with the Auckland Council BID Policy (2022) as of 10 March 2025. This report has a direct link to the council’s Annual Plan and budget 2025/2026 process to set the BID targeted rates for 2025/2026.

7. Franklin Local Board has two BIDs operating in their local area:

Table 1: BID targeted rate sought 2025/2026

Incorporated Society Name

Proposed 2025/2026 Targeted Rate

Met BID Policy annual accountability reports

Pukekohe Business Association Inc.

$520,000.00

Yes

Waiuku Business & Development Association Inc.

$155,820.00

Yes

8. Staff recommend that the local board supports the Pukekohe and Waiuku Business Improvement Districts receiving their targeted rate grant for 2025/2026 set by the Governing Body.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) recommends to the Governing Body the setting of the 2025/2026 BID targeted rates for inclusion in the 2025/2026 Annual Plan and budget for the following Business Improvement District (BID) programmes:

i) $520,000.00 for Pukekohe BID

ii) $155,820.00 for Waiuku BID.

Horopaki

Context

BID Policy and BID targeted rate grant agreement

9. Auckland Council’s Business Improvement District (BID) Policy (2022) (Kaupapa Here ā-Rohe Whakapiki Pakihi includes a total of 23 Requirements, 19 are the direct responsibility of the BID-operating business association (BID) and inform this annual report. (Attachment A)

10. The remaining four BID Policy Requirements set out the process for establishing, expanding, and discontinuing a BID programme; and determines rating mechanisms. These will be covered within individual BID local board reports.

11. The BID Policy does not prescribe or measure standards for BID programme effectiveness. That is a matter for business association members to determine. Staff, therefore, cannot base recommendations on these factors, but only on the policy’s express requirements.

12. The BID Policy is supported by a BID Targeted Rate Grant Agreement, a three-year agreement signed by both Auckland Council and each BID-operating business association’s executive committee. The agreement sets out the relationship between the parties, how payment will be made and that compliance with the BID Policy is mandatory. The agreement confirms the business association’s independence from Auckland Council. All 51 BIDs currently have a BID Targeted Rate Grant Agreement which will finish on 30 June 2025. Staff are preparing the Agreement for signing in June 2025 for the upcoming three-year period.

13. This report to the local board focuses on the BID’s annual accountability reporting (BID Policy Requirements 9, 11 and 18) relating to public funds received by the BID for the 2023/2024 financial year. The report also confirms compliance with the 19 BID Policy Requirements that are the responsibility of the BID as of 10 March each year.

14. This report includes a copy of the individual BID’s Governance Summary documents (Attachment B and C). These documents include the full resolution detailing the amount of BID targeted rate grant approved by association members at their 2024 Annual General Meeting (AGM) for the 2025/2026 financial year. The BID Chair also agrees, by signing this document, to advise the council of any perceived or real current issues that can affect compliance with the BID Policy.

BID Programmes

15. Local BID programmes should provide value to the collective business community by delivering a suite of economic activities that respond to local needs and opportunities and are agreed by the local business community. BID programmes also provide the opportunity to work with the council group and engage with local boards.

16. The BID programme does not replicate services provided by the council but channels the capabilities and knowledge of the private sector to improve economic outcomes and achieve common goals.

17. Each business association operating a BID programme sets the BID targeted rate grant amount at its AGM when members vote to approve a detailed income and expenditure operational budget and business plan for the following financial year.

18. Responsibility for delivery and the outcomes of the BID programme sits with the individual BID-operating business association executive committee (provision of reporting information) and members (reviewing information provided to them by the executive committee).

19. All BIDs need to be aware of the requirement to re-register by April 2026 under the updated Incorporated Societies Act 2022. All BIDs are registered incorporated societies and may need to update their constitutions to meet the new Act.

BID Policy refresh 2025

20. The BID Team undertook a refresh of the BID Policy starting in October 2024. This refresh is nearing completion with the final draft of the BID Policy 2025 document going to the Governing Body meeting on 29 May.

Regional BID Programme Growth

21. Grey Lynn Business Association achieved a successful BID establishment ballot in November 2024. This will see them commence as a new BID from 1 July 2025 with a BID targeted rate grant of $320,000.

22. Takanini Business Association failed to meet the BID Policy ballot mandate and will not progress the BID establishment project to full BID status.

23. Two business associations are in the process of having their BID programmes stopped for non-compliance with the BID policy.

24. This will bring the total number of BID programmes to 50 as of 1 July 2025.

25. There are several BIDs signalling a review of their BID boundary areas and progressing towards a BID expansion over the next few years. These include Howick, Kingsland, Manurewa and Glen Eden.

Franklin Local Board BID Targeted Rates 2025/2026

26. Franklin Local Board has two BIDs operating in their local board area. Table 2 shows the amount of targeted rate each BID had approved at their 2024 AGM for the 2025/2026 financial year and linked to the council’s Annual Plan and budget 2025/2026 approval process.

Table 2: BID targeted rate changes in 2025/2026

Incorporated Society Name

Proposed 2025/2026 Targeted Rate

(Approved at AGM)

BID targeted rate grant 2024/2025

Proposed increase over 2024/2025

Pukekohe Business Association Inc.

$520,000.00

$520,000.00

Waiuku Business & Development Association Inc.

$155,820.00

$148,400.00

26. 37 BIDs increased their targeted rate grant amount for 2025/2026 - between 2 per cent to 42.5 per cent - while 12 maintained the fiscal status quo.

Decision making

Auckland Council

27. The recommendation in this report is put into effect with the Governing Body’s approval of the Annual Plan and budget 2025/2026 and its setting of the 2025/2026 targeted rates.

28. In accordance with the provisions of the Local Government Act 2002 and the Local Government (Rating) Act 2002, the Governing Body is authorised to make the final decisions on what BID programme targeted rates, if any, to set in any particular year or property (in terms of the amount and the geographic area to be rated).

Local Boards

29. Under the Auckland Council shared governance arrangements, local boards are allocated several decision-making responsibilities in relation to BID programmes. One of these is to annually recommend BID targeted rates to the Governing Body if it is satisfied that the BID is sufficiently complying with the BID Policy.

Tātaritanga me ngā tohutohu

Analysis and advice

BID 2025 Accountability Reporting process overview

30. Upon receipt of individual BID annual accountability documents, staff follow a set process that includes reviewing the documents provided by 10 March 2025 against the BID policy, analysing changes from the previous accountability period, and following up with BIDs on any identified issues.

31. The BID team report this year that all BIDs successfully completed their annual accountability reporting by the due date of 10 March 2025. There were no serious issues identified as part of this annual accountability review.

32. The BID Policy, Requirement 11, sets out the documents that form the annual accountability reporting documents for each BID. These documents confirm membership decision-making has taken place regarding the BID programme at the 2024 AGM. Other reporting requirements include the filing of annual financial statements with the Companies Office under the Incorporated Societies Act.

33. At the time of writing this report over 12 BIDs had completed the reregistration process with the NZ Companies Office under the Incorporated Society Act 2022.

Franklin Local Board BIDs

34. Using the documents and information submitted, the BID Team is satisfied that the Pukekohe and Waiuku BIDs have sufficiently met the BID Policy Requirements and the BID Policy for setting of the BID targeted rates for 2025/2026.

35. Staff advise the local board to recommend to the Governing Body the setting of the targeted rates for 2025/2026 as set out in Table 1.

Tauākī whakaaweawe āhuarangi

Climate impact statement

36. Through targeted rate-funded advocacy and activities, BID-operating business associations promote and can facilitate environmental sustainability programmes and climate response where appropriate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

37. Advocacy is a key service provided by business associations that operate a BID programme. BID-operating business associations ensure the views and ambitions of their members are provided to elected representatives and council teams, including council-controlled organisations (CCOs), on those policies, plans, programmes, and projects that impact them.

38. BIDs will continue to work across the council and at various times alongside the CCOs.

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

Local impacts and local board views

39. The local board’s views are most frequently expressed by its appointed representative on the board of each BID-operating business association. This liaison board member (or alternates) can attend BID board meetings to ensure there is a direct link between the council and the operation of the BID programme.

40. Pukekohe and Waiuku BID programmes best align with the Franklin Local Board Plan 2023, Outcome: Our Economy: Facilitate Franklin-centric economic development initiatives that support future-facing local prosperity and leverage local opportunity from growth and from local attributes.

41. Recommending that the Governing Body sets the targeted rates for Pukekohe and Waiuku business associations means that these BID programmes will continue to be funded from targeted rates on commercial properties in their respective rohe. They will provide services in accordance with their members’ priorities as stated in their strategic plans.

Tauākī whakaaweawe Māori

Māori impact statement

42. The BID Policy and the annual accountability process does not prescribe or report on individual BID programme’s effectiveness, outcomes, or impacts for Māori. However individual BIDs may include this level of detail in other reports provided to their members. This localised project reporting is not a requirement of the BID Policy and is not part of the BID Policy annual accountability reporting.

Ngā ritenga ā-pūtea

Financial implications

43. There are no financial implications for the local board. Targeted rates for BID-operating business associations are raised directly from business ratepayers in the district 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 associations every quarter.

44. The targeted rate is payable by the owners of the business rated properties within the geographic area of the individual BID programmes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

45. To sustain public trust and confidence in the council, the BID Policy sets out a balance between the independence of the BID-operating business associations and the accountability for monies collected by a public sector organisation.

46. For the council to be confident that the targeted rate grant funds provided to the BID-operating business associations are being used appropriately, it requires the BIDs to fully complete all annual accountability reporting and the 19 BID Policy Requirements that are the responsibility of the BID.

47. Council staff regularly monitor compliance with the BID Policy throughout the year including responding to queries and issues raised by council staff, members of the BID, the public and elected members.

48. The BID Team actively seeks out and grows relationships with council departments that interact with BID programmes to ensure a consistent approach is applied for the programme.

49. The role of the local board representative is a key link between the parties involved in the BID programme in terms of communication and feedback. Local Board representatives on BID programmes are strongly encouraged to contact the BID Team if they have any queries or concerns.

50. This report is part of an active risk management programme to minimise inappropriate use of funds. It provides an annual update that the BIDs operating within the local board area are compliant with the BID Policy.

Ngā koringa ā-muri

Next steps

51. If the local board supports this report, it will recommend to the Governing Body that the BID targeted rates be set as part of the Annual Plan and budget 2025/2026.

52. After the targeted rates are approved, the council will collect the targeted rate funds effective from 1 July 2025 and distribute them in quarterly BID grant payments to the Pukekohe and Waiuku BIDs.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	BID Policy Requirements Summary	83
b ⇩	Pukekohe BID Governance Declaration	87
c ⇩	Waiuku BID Governance Declaration	89

Ngā kaihaina

Signatories

Authors

Gill Plume - BID Senior Advisor

Claire Siddens - Principal Advisor

Authorisers

Alastair Cameron - Manager CCO/External Partnerships team

Anna Bray - General Manager Group Strategy, Transformation and Partnerships

Manoj Ragupathy - Local Area Manager

Franklin Local Board

27 May 2025

Auckland Council’s submission to proposed waste legislation changes – local board feedback

File No.: CP2025/09893

Te take mō te pūrongo

Purpose of the report

1. To outline the process and opportunity for local board members to tuku / provide feedback on the Government’s proposed amendments to the Waste Minimisation Act 2008 and Litter Act 1979 to inform the council’s draft submission.

Whakarāpopototanga matua

Executive summary

2. The Ministry for the Environment released its consultation document Have your say on proposed amendments to waste legislation - Tukuna ō whakaaro mō ngā menemana marohi ki te ture para, on 22 April 2025 outlining proposed amendments to the Waste Minimisation Act 2008 (WMA) and Litter Act 1979. Submissions on the proposed amendments close on 1 June 2025.

3. The proposed amendments for consultation relate to the following aspects:

· creating a framework for Extended Producer Responsibility (EPR)

· improving the allocation, distribution and use of waste disposal levy (WDL) funding

· clarifying roles and responsibilities for central government, local government and the waste sector

· creating a modern, effective compliance regime

· enabling controls to address impacts of ‘mismanaged waste’ (e.g. illegal dumping, litter and or ‘escaped’ waste carried by wind or water from one site to another).

4. Approval is being sought from the Policy and Planning Committee on 15 May 2025 to delegate authority to the Chair and Deputy Chair of that committee, and a member of Houkura, to review and approve the council’s final submission due 1 June 2025.

5. Waste Solutions staff will lead the development of Auckland Council’s submission which is due to the Ministry for the Environment by 1 June 2025.

6. A preliminary assessment of potential implications for Auckland Council of the proposed legislative amendments highlights the following key aspects (refer also to Attachment B):

· Implementation of extended producer responsibility: creating an EPR regulatory framework for end-of-life products would provide better support for waste minimisation and management outcomes for households and others. The EPR implementation may potentially provide positive impacts on resource recovery systems across the region, including opportunities through Auckland’s Resource Recovery Network.

· Funding impact: a change to the method to distribute waste disposal levy funds across all territorial authorities is proposed to provide a more equitable share distributed from larger councils to smaller councils. This would result in Auckland Council receiving a reduced amount from the ministry compared to the current population based method. This reduction will be partly offset by total levy funding increases from 2025–2027, due to higher waste disposal levy rates that the government confirmed in 2024. Maintaining certainty for the existing 50:50 share of levy revenue between central government and local government remains important to the council to ensure long term planning.

· Service delivery and costs: creating the ability to use waste disposal levy funding to support a wider range of environmental activities provides opportunities for the council and its partners to address local and regional issues, (including managing waste generated from climate-related and natural disasters, remediation of vulnerable closed landfills, and activities that reduce environmental harm). However, this would also introduce competing demands for limited waste disposal levy funding. There may also be the potential for increased operating costs to the council should a levy be applied to existing (or future) waste-to-energy facilities which are yet to be defined.

· Monitoring and enforcement of ‘mismanaged’ waste: a new compliance regime with potential impacts on effectiveness and resourcing.

7. Auckland Council’s submission will be developed based on policy positions articulated in relevant council strategy, such as Te Mahere Whakahaere me te Whakaiti Tukunga Para 2024 - Ki te Para Kore / Waste Minimisation and Management Plan 2024 – Towards Zero Waste (Waste Plan 2024) and other recent council submissions on government policy relating to waste management and minimisation.

8. Mana whenua will be invited to provide input on the council’s submission. Given the short timeframes involved in developing and submitting a submission, relevant, recently documented views from local boards and mana whenua on the waste plan 2024 may also be referred to.

9. Local boards can provide formal feedback by 22 May 2025 to be incorporated into the submission; or by 12.00pm on 30 May 2025 to be appended to the council’s submission

10. Further evidence and supporting positions will be obtained from subject matter experts across the Council Group.

11. The council’s draft submission will be circulated to the delegated members for input and approval.

12. A copy of the final submission will be provided to all elected members, local board members, Houkura and mana whenua once submitted.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) tuku / provide feedback on the government’s proposed amendments to the Waste Minimisation Act 2008 and Litter Act 1979 to inform the council’s draft submission.

Horopaki

Context

Government’s consultation on amendments to waste legislation

13. On 22 April 2025, the Ministry for the Environment - Manatū Mō Te Taiao (the ministry) released its consultation document, Have your say on proposed amendments to waste legislation - Tukuna ō whakaaro mō ngā menemana marohi ki te ture para (consultation document). A summary of the proposals and consultation questions is provided in Attachment A. Consultation closes 1 June 2025.

14. The consultation document states that the proposed amendments are to “create fit-for-purpose, modern waste legislation that gives us more options and flexibility to reduce and manage waste effectively and efficiently”.

15. Feedback is sought on 37 consultation questions across the following five proposals:

· creating a framework for ‘extended producer responsibility’

· improving the waste disposal levy system through changes to allocation, distribution, and use

· clarifying roles and responsibilities in the waste legislation

· creating a modern, effective compliance regime

· enabling efficient and effective controls for littering and other types of ‘mismanaged waste’.

16. The term ‘extended producer responsibility (EPR)’ is described in the consultation material as a suite of policy instruments that shift financial and/or operational responsibility for material recovery and waste management towards producers, importers and retailers, instead of falling by default on councils, communities, future generations and nature. EPR can include tools such as product stewardship schemes and deposit return models, such as a container return scheme for beverage containers.

17. The term ‘mismanaged waste’ is referred to in the consultation document as meaning litter, illegal dumping, or ‘escaped’ waste carried by wind or water from one site to another due to inappropriate management/storage.

18. The proposals include consolidating the Waste Minimisation Act 2008 (WMA 2008) and Litter Act 1979 into one bill.

19. The ministry states it will analyse all submissions received by 1 June 2025 to help inform policy and government decisions. If cabinet agrees, an amendment bill will then be introduced to parliament.

20. A delegated authority is sought to approve council’s submission, given the next Policy and Planning Committee meeting is scheduled for after the 1 June 2025 submission deadline.

Previous government’s consultation on waste policy and legislation reform

21. The WMA 2008 requires that all territorial authorities “must have regard to the New Zealand Waste Strategy” when developing waste management and minimisation plans. In late 2021, under the previous government, the ministry undertook a public consultation to update the New Zealand Waste Strategy (which had not been updated since 2010) and to reform the Waste Minimisation Act 2008 and Litter Act 1979.

22. At that time, delegated approval for the council’s submission on the ministry’s consultation document was provided by the Planning Committee on 4 November 2021, resolution PLA/2021/127.

23. In March 2023, the previous government adopted Te Rautaki Para - Waste Strategy to replace the previous version of the NZ Waste Strategy. Around the same time, cabinet papers were also released outlining the previous government’s proposed new legislative provisions.

24. In March 2023, the Policy and Environmental Planning Committee approved that any proposed replacement legislation for the Waste Management Act 2008 and Litter Act 1979 would be a priority submission for council (PEPCC/2023/33).

Recent updates to NZ Waste Strategy and waste legislation

25. On 5 March 2025, the Government released its Waste and Resource Efficiency Strategy to replace the Te Rautaki Para strategy document adopted by the previous government in 2023.

26. In March 2025, the Ministry also released its two-year work programme, indicating waste legislation reform would take place during the first half of 2025.

27. Prior to the release of the new strategy and work-programme, the Government made targeted amendments to the WMA 2008 in 2024 which included enabling central government to spend its portion of waste disposal levy funds on a broader range of waste and environmental activities. The waste disposal levy is applied to every tonne of waste disposed at approved disposal facilities across the country, and the funds are administered by the Ministry for the Environment for purposes of waste minimisation activities (and other broader central government activities as set out in recent amendments to the WMA 2008).

28. These recent amendments to the WMA 2008 also allowed for waste disposal levy rates to continue to increase incrementally up to July 2027. In 2009, the waste disposal levy rate was originally set at $10 per tonne for a Class 1 landfill (a disposal facility that accepts waste materials from household, commercial, industrial or institutional sources), and remained at that rate until 2021. Since then, waste disposal levy rates have increased incrementally, with lower levy rates also getting applied to other classes of landfills (Class 2 construction and demolition landfills, and Class 3 and 4 managed or controlled fill facilities). For a Class 1 landfill the rate is now $60 per tonne and will increase to $75 per tonne on 1 July 2027.

29. Table 1 below shows the increase in waste disposal levy rates that the government has confirmed to be introduced over the next three years. The ministry acknowledges New Zealand’s waste disposal levy rates will remain comparatively lower than similar waste disposal rates in Australia and the United Kingdom.

Table 1. Confirmed increase in waste disposal levy rates for 2025-2027

Facility Class	1 July 2025	1 July 2026	1 July 2027
Facility Class	($ per tonne)	($ per tonne)	($ per tonne)
Class 1 (municipal landfill)	$65	$70	$75
Class 2 (construction and demolition fill)	$35	$40	$45
Class 3 & 4 (managed or controlled fill facility)	$15	$15	$20

30. Under the WMA 2008, central government and territorial authorities equally share revenue generated by the waste disposal levy (after administration costs). The share of levy funding that goes to territorial authorities is distributed according to population within councils and districts.

31. In FY 2023/2024, Auckland Council received $26.6 million waste levy funding, compared to $5.6 million received in FY 2020/2021, before levy rates increased. Under the WMA 2008 territorial authorities must spend the levy funding on activities set out in a council’s Waste Minimisation and Management Plan, with some exceptions.

32. For central government, the focus to date has been on investing in waste minimisation projects largely through the ministry’s contestable Waste Minimisation Fund.

Council’s strategic framework relating to waste minimisation

33. Auckland Council’s strategic direction relating to waste is set by the Te Mahere Whakahaere me te Whakaiti Tukunga Para 2024 - Ki te Para Kore / Waste Minimisation and Management Plan 2024 – Towards Zero Waste (waste plan 2024) and complemented by Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan 2020.

34. Other policy, planning, and regulatory documents of relevance to waste activities include the council’s Long-term Plan 2024–2034, Infrastructure Strategy 2024, Kia Ora Tāmaki Makaurau, local board plans, Sustainable Procurement Framework, the Auckland Unitary Plan, and the Waste Management and Minimisation Bylaw 2019.

35. The waste plan 2024 continues a Zero Waste by 2040 vision originally set out in Auckland Council’s first Waste Minimisation and Management Plan in 2012. The waste plan 2024 has over 100 actions across 12 priority focus areas.

36. Waste disposal levy funds are used by Auckland Council to deliver a range of council’s waste minimisation activities and actions set out in its waste plan 2024, including the provision of a Waste Minimisation and Innovation Fund, community engagement programmes managed by council’s Wastewise team, and various projects to reduce waste.

Tātaritanga me ngā tohutohu

Analysis and advice

Process to develop council’s submission

37. Staff are in the process of reviewing the consultation document and coordinating a response. Thorough consideration of the scope and implications of the proposed amendments is required before well-defined advice and detailed feedback can be provided to the proposed delegated elected members.

38. The council’s submission will be developed based on current policy positions articulated in council’s adopted plans and policies. Evidence and data gathered through the recent development of the waste plan 2024 will be used, along with reference to the council’s submission provided to the ministry in 2021 as part of the previous government’s consultation on waste legislation.

39. Staff are seeking via this report local board feedback. Mana whenua have also been invited to provide input on the council’s submission. Local board and mana whenua views will also involve drawing on relevant input received through the pre-engagement and consultation process to develop the waste plan 2024.

40. Further evidence and supporting positions will be obtained from subject matter experts across the Council Group.

41. Once developed, the council’s draft submission will be circulated to the delegated elected members for input, review and approval.

42. Staff will submit an approved submission through the Ministry’s Citizen Space portal before 11.59pm, 1 June 2025.

Preliminary advice on proposals

43. To support the process to gather feedback from elected members and the Council Group, a preliminary review of the proposals in the consultation document and consideration of potential implications for Auckland Council and the region is provided in a table in Attachment B. This preliminary analysis is expected to inform the general direction of council’s submission.

44. A summary of the main implications for Auckland Council from an initial review of the proposed legislative amendments is provided below.

Funding impact

· A new method is proposed to distribute levy funding to territorial authorities, to provide for a more equitable approach for the provision of levy funds to smaller councils. Instead of using only a population-based method, the proposed new method is to provide all authorities with a flat amount (based on distributing 20 per cent of the 50 per cent share allocated to all councils), and an amount that distributes the remaining 80 per cent of funds to councils based on a city or district’s population.

· This proposed calculation method would reduce the amount Auckland Council receives annually, compared to the current distribution method. Table 2 below shows the comparison between the actual funding amount Auckland Council received in FY 2023/2024 compared to the proposed funding model. The FY 2027/2028 projection illustrates the increase due to increased waste disposal levy rates under the current funding model, and the difference under the proposed new funding model. This shows that while the council will receive an additional $26.8 million over the four-year period from FY 2023/2024 (due to waste disposal levy rates increasing), the proposed new method would reduce the annual amounts the council would receive by $5 million and $10 million each year, depending on when such a proposal would be implemented.

Table 2. Estimated waste disposal levy funding under the proposed funding model

Auckland Council’s waste disposal levy funding	Actual FY 23/24 funding (annual)	Estimated 27/28 funding (annual)*	Funding difference from 23/24–27/28
Current method	$26.6m	$52.8m	$26.8m
Proposed method	$21.4m	$42.7m	$21.7m
Reduction	($5.2m)	($10.1m)	($5.1m)

*this is based on the total levy revenue that is generated from the total tonnages of waste disposed to landfills across the country, as well as population data within each territorial authority. Figures provided to council staff by ministry staff in late 2024.

· Increased levy rates between 2025 and 2027 will result in more revenue generated for central and local government. In the longer term, the proposed change in the method to distribute levy funds would continue to require close strategic and financial planning, especially if combined with the proposed broadening uses of the levy funds (refer Attachment B for details).

Extended Producer Responsibility (EPR) framework and implementation

· As EPR schemes develop under a proposed new regulatory framework, Auckland Council would benefit from shifting certain responsibilities for end-of-life waste to producers/consumers of products. However, the council would likely need to adapt its waste planning functions, waste collection and resource recovery systems, and associated community engagement programmes, to complement EPR schemes as they are designed and implemented.

Service delivery

· The proposed broadening of the range of environmental activities that the council could use waste levy funding for may result in changes to the current range of waste minimisation service provision and outcomes, especially if not offset by other waste initiatives being funded through other means (e.g. private sector resource recovery initiatives or implemented ERP schemes) and in the absence of having a clear decision-making framework to help assess competing priorities.

· The proposals to have minimum obligations for territorial authorities to enable household waste and recycling services and making it a discretionary requirement to provide litter bins in public places, may require the council to review the various delivery models used across the region.

· There are also potential future cost implications for the council and its CCOs services (in particular, Watercare) in relation to a proposed amendment that could require waste-to-energy plants to be subject to a waste disposal levy. However, the consultation document is not clear on the types of waste to energy facilities that would have to pay the levy. Potentially, this may include the Ecogas facility processing Auckland’s kerbside food scraps. For Watercare, a levy on waste-to-energy facilities would be a significant factor to consider as it explores future options to manage biosolids generated at its Māngere Wastewater Treatment Plan. Further clarifications of the proposals, and implications, are required.

Compliance, monitoring and enforcement framework for mismanaged waste

· The proposed compliance framework and integration of provisions into legislation to address issues with ‘mismanaged waste’ (including litter, dumping, and waste that has the potential to escape a site) would support key issues and actions contained within the council’s waste plan 2024. It may also require assessment of the council’s enforcement capacity, and the potential for additional resources to implement such changes.

Access to and management of waste data

· Proposed amendments to enhance data on mismanaged waste and ERP schemes would help inform the council’s planning and decision-making processes but may also necessitate potential investment in systems to collect, manage, and share with regulators specific data on waste issues and activities.

Strategic alignment

· The council’s waste plan 2024 largely aligns with the proposed legislative amendments. However, as the proposed amendments, decision-making frameworks, and regulatory changes are further clarified and developed, the implementation of the waste plan 2024 may require further review.

Timeframe for the consultation

45. The timeframe for feedback and submission on the consultation document is provided in Table 3.

Table 3. Timeframe milestones for consultation

Milestone	Date
Consultation document released	22 April 2025
Online briefing for local board members	19 May 2025
Deadline for incorporated feedback	22 May 2025
Deadline for appended feedback	30 May 2025 – 12pm
Consultation period closes	1 June 2025
Copy of final council submission circulated to Governing Body members, local board members and Houkura.	2 June 2025

Tauākī whakaaweawe āhuarangi

Climate impact statement

46. The disposal and treatment of waste comprises around four per cent of Auckland’s gross greenhouse gas emissions.

47. The main source of greenhouse gas emissions associated with the disposal and treatment of waste is the release of bio-genic methane from landfills (generated from organic waste, such as garden waste, timber, food scraps, biosolids, paper or cardboard). Lesser contributions to New Zealand’s waste-sector emissions arise from wastewater treatment, incineration and open burning, and biological waste treatment (composting).

48. Emissions associated with the transportation of waste materials are not categorised within waste-sector emissions. Rather, these contribute to emissions from the transport sector. Embodied emissions contained within wasted products (i.e. emissions generated across the lifecycle of a product) are also not included within the four per cent of gross emissions associated with waste treatment or disposal.

49. The consultation document is not explicit in how the proposed amendments intend to respond to impacts from climate change. However, there are implicit connections made between reducing emissions by achieving waste minimisation outcomes (e.g. through proposals to strengthen EPR outcomes), and by adapting to the impacts of climate change through broadening the scope of activities that waste levy funds can be used for (e.g. for costs associated with managing emergency waste, remediating closed landfill sites which may be vulnerable to extreme weather events, or investing in “activities that reduce environmental harm or increase environmental benefits” which is broad in nature and could be interpreted as including climate change mitigation or adaptation activities).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

50. Feedback on the consultation document will be sought from subject matter experts across relevant council departments and CCOs, including Waste Solutions, Finance, Parks and Community Facilities, Auckland Transport and Watercare.

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

Local impacts and local board views

Local impacts

51. The potential local impacts from the proposed amendments will be considered as part of the council’s submission, however it is expected that the proposed legislative changes will impact local communities in various ways, including the following key points.

· Introducing extended producer responsibility schemes would have an impact on people’s purchasing choices and waste minimisation behaviours. The implementation of schemes could lead to changes in product design to minimise waste, or the provision of new collection systems and differing financing arrangements, that could result in new resource recovery, reuse, or recycling infrastructure within the Auckland region.

· Stronger controls to monitor and enforce ‘mismanaged waste’ would mean local ‘Litter Control Officers would gain enhanced powers to address litter and illegal dumping, and this would potentially improve Auckland’s ability to reduce negative issues associated with litter and illegal dumping

· Broadening the use of waste levy funding for activities that ‘reduce environmental harms or increase environmental benefits’ may present an opportunity for local boards to respond to local environmental issues. This would need to be supported by a clear decision-making framework on how the use of waste levy funding gets accessed across the Council Group without compromising the strategic objectives and goals of the council’s waste plan 2024.

Local boards

52. Local boards provided strong direction through the development of the waste plan 2024 and the council’s 2021 submission on government waste policy and legislation. These views will help to inform the submission.

53. Local board views received will be either incorporated within the report or appended to the submission, depending on when they are able to provide views.

Tauākī whakaaweawe Māori

Māori impact statement

54. Staff have contacted Houkura and are seeking to engage with iwi through the Mana Whenua Resilience and Infrastructure forum to alert them to this public consultation and the opportunity to input on council’s submission. Staff will do the same for the Tāmaki Makaurau mana whenua entities.

55. Feedback expressed to the council on previous related submissions, and through the engagement process to develop the draft waste plan 2024 will be incorporated into the development of this submission where relevant.

Ngā ritenga ā-pūtea

Financial implications

56. The submission will be developed as part of the council’s business-as-usual central government advocacy activity.

57. As the consultation is on proposed legislation changes, it is not yet possible to quantify the budgetary consequences for the council. However, as highlighted the consultation document proposes changes to the amount of waste disposal levy funding Auckland Council currently receives and on what activities the funding can be used for.

58. The potential financial implications for the council will be further considered as part of the council’s submission.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

59. There is a minimal risk in making a submission to the Ministry for the Environment consultation document.

60. Potential risks to the council arising from strategy and legislation changes will be considered as part of the council’s submission.

Ngā koringa ā-muri

Next steps

61. Local board resolutions on the government’s proposed amendments to waste legislation will be included in the Auckland Council submission on this matter.

62. Below are the key dates for input into the submission.

· 22 May 2025: deadline for feedback to be considered in the council’s submission.

· 30 May 2025 12 pm: final date for any formal local board feedback to be appended to the submission.

· 30 May 2025: final submission will be approved by delegated members subject to Policy and Planning Committee 15 May 2025 meeting.

· 2 June 2025: final submission will be circulated retrospectively to Governing Body members, Houkura and local board members.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Summary of proposals and consultation questions	101
b ⇩	Preliminary assessment of proposed amendments and implications for Auckland Council	109

Ngā kaihaina

Signatories

Authors

Tania Utley - Senior Waste Planning Specialist

Nadim Wakim – Senior Waste Planning Advisor

Authorisers

Justine Haves - General Manager Waste Solutions

Lou-Ann Ballantyne - General Manager Governance and Engagement

Manoj Ragupathy - Local Area Manager

Franklin Local Board

27 May 2025

Proposed transfer of ownership of Bombay War Memorial Hall and new community lease to Bombay War Memorial Sports Ground Trust at 30 Paparata Road, Bombay

File No.: CP2025/01543

Te take mō te pūrongo

Purpose of the report

1. To request that Franklin Local Board:

a) Rescind resolution FR/2019/117 - which granted a community lease to the Bombay Rugby Football Club Incorporated for part of the Bombay War Memorial Hall at 30 Paparata Road, Bombay.

b) Transfer ownership of the Bombay War Memorial Hall to the Bombay War Memorial Sports Ground Trust.

c) Grant a new lease to the Bombay War Memorial Sports Ground Trust for the Bombay War Memorial Hall/Bombay Rugby clubrooms and the surrounding carpark located at 30 Paparata Road, Bombay.

Whakarāpopototanga matua

Executive summary

2. The Bombay Hall site currently consists of a mixed-ownership building on council land with an unsigned lease to the Bombay Rugby Club. The building and surrounding carpark need significant renewal works at a high cost to the council.

3. The Franklin Local Board resolved (FR/2019/117) in 2019 to grant a building/ground lease to Bombay Rugby Club for their additions to the hall. This lease has not been signed and sealed by the club.

4. An assessment of both the building and carpark area highlighted several areas that require remediation. These include a new roof, cladding, external joinery and internal updates, including the requirement for consents and professional fees. A scope of works for both the building and carpark is estimated at just over $1,400,000.

5. The book value of the building is currently just over $300,000. The current estimated repair cost for the building alone is over $1,289,000 and represents four times the residual value of the building. This does not meet the council’s criteria for investment.

6. The trust has stated they would be willing to undertake works on the car-park area if council contributed to the cost. This procurement approach can be discussed further with the trust as the carpark renewal project progresses.

7. Bombay War Memorial Sports Ground Trustee Limited (the company), which owns the land and building to the north/east of the council site, and Bombay War Memorial Sports Ground Trust (the trust) has applied to have:

· the existing lease surrendered

· a new lease for the land parcel (hall and carpark) granted to the trust

· the council-owned portion of the building transferred to the trust.

8. Bombay Rugby Football Club supports the trust in their aims for the site and is willing to surrender the current (unsigned) lease.

9. The trust was established to run, promote, encourage, assist, develop and support all sports.

10. The new lease was identified and approved by the Franklin Local Board as part of its Customer and Community Services: Community Leases Work Programme 2024/2025 at their 25 June 2024 local board meeting (Resolution number FR/2024/68).

11. The trust’s activities align with and support the Franklin Local Board Plan 2023 outcomes:

· Our People

· Our Places

· Our Community.

12. The trust has provided all required information, including financials, showing that it has sufficient funds and that is being managed appropriately. The trust has all the necessary insurance cover, including public liability insurance, in place.

13. The proposed transfer of ownership of the council-owned building and new lease was workshopped with the Franklin Local Board on 8 October 2024. The local board supported this approach in principle.

14. Staff sought iwi feedback on the proposed new lease and ownership transfer. Ngaati Te Ata Waiohua responded and whilst supportive of these activities are keen to forge a relationship with the trust, so that the trust understands the cultural significance and values of the site and wider area. Staff have introduced the two groups.

15. The proposed transfer of ownership and new community lease was publicly notified. The notification appeared in the Franklin County News on 16 January 2025 and the Auckland Council website with a submission deadline of 14 February 2025. No submissions or objections were received.

16. This report recommends that council transfer ownership of the Bombay War Memorial Hall and grant a new community lease for the hall and surrounding carpark to the Bombay War Memorial Sports Ground Trust for a term of 10 years commencing 1 April 2025 with two 10‑year rights of renewal. The longer term of the proposed agreement is to give the new tenant security of tenure to enable it to undertake the necessary repair and renewal works required.

17. If the local board decides to grant the lease, staff will work with the relevant staff to transfer the ownership of the building and with the tenant to finalise the lease agreement.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) rescind resolution FR/2019/117 that granted a lease of 10 years with one 10-year right of renewal to Bombay Rugby Football Club Incorporated

b) whakaae / approve the transfer of ownership of the council-owned portion of the Bombay War Memorial Hall building and carpark at 30 Paparata Road, Bombay (outlined in red and marked A on Attachment A - site plan 30 Paparata Road, Bombay) to the Bombay War Memorial Sports Ground Trust for $1.00

c) whakaae / grant a new community ground lease to the Bombay War Memorial Sports Ground Trust for an area comprising approximately 1,778m² (more or less) located at 30 Paparata Road, Bombay on the land legally described as Part Allotment 13 Parish of Mangatawhiri (outlined in green on Attachment A – Site Plan 30 Paparata Road, Bombay), subject to the following terms and conditions:

i) term – 10 years, commencing 20 December 2024, with two 10-year rights of renewal

ii) rent – $1.300 plus GST per annum

iii) community outcomes plan - to be included within the lease as a schedule of the lease agreement (Attachment B – Community Outcomes Plan)

d) whakaae / approve all other terms and conditions in line with the Local Government Act 2002 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

e) tuhi ā-taipitopito / note that public notification and iwi engagement for Auckland Council’s intention to grant a new community lease to Bombay War Memorial Sports Ground Trust located at 30 Paparata Road, Bombay has been undertaken from 16 January to 14 February 2025

f) tuhi ā-taipitopito / note that no objections to the notified proposal were received.

Horopaki

Context

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

19. The Franklin Local Board approved the Customer and Community Services: Community Leases Work Programme 2024/2025 at their local board meeting on 25 June 2024 (resolution number FR/2024/68).

20. Bombay War Memorial Hall is situated on council owned land at 30 Paparata Road, Bombay. The building is a mixture of council and tenant owned spaces.

21. The building is currently subject to an unsigned lease from 2019 to the Bombay Rugby Football Club (the club). The lease is a ground lease for the tenant-owned sections of the building and a building lease for the council-owned section of the building. The club has agreed to surrender this agreement. Currently, the carpark area is not subject to any lease.

22. Bombay War Memorial Sports Ground Trust has applied for a new lease for the whole land parcel and to have the council-owned portion of the building divested to the trust. The Bombay Rugby Football Club Incorporated supports the proposal.

Land, building/s and lease

23. The land parcel is legally described as Part Allotment 13 Parish of Mangatawhiri, comprising 1778 square metres, and contained in NA572/188 (Part-Cancelled and Limited as to Parcels). The land is held by Auckland Council under the Local Government Act 2002.

24. The land was originally acquired for a public hall by the Franklin County Council in 1943 under the Counties Act 1929. The land is subject to a right of way to allow access to the rear land parcel.

25. The land parcel is surrounded by land that is owned by the Bombay Rugby Football Club to the west and on the eastern and southern side the land is owned by Bombay War Memorial Sports Ground Trustee Limited.

26. The hall building is in two sections. The section outlined in red is council-owned. A building assessment report was commissioned in 2019 and a large number of defects were found. The overall condition of the building was found to be poor (rated 4).

27. At the time of the assessment report, it was recorded that both the required and recommended works be undertaken to improve the condition of the building to an acceptable level.

28. The combined costs to renew both the building and carpark is in the vicinity of $1,400,000.

29. The section outlined in blue (Figure 1 below) is the tenant-owned portion of the building. The tenant is currently the Bombay Rugby Football Club.

30. The entirety of the building is leased to the Bombay Rugby Football Club. The current (unsigned) lease commenced on 1 October 2019 for 10 years with one 10-year right of renewal.

31. As the lease has remained unsigned for almost five years, staff recommend the club be requested to surrender this lease. Ownership would then revert to the council. In turn, the council could gift the building to the trust and grant a long-term ground lease.

32. The carpark area is not currently under the lease.

Figure 1: Council-owned land parcel outlined in green, Council-owned building outlined in red and tenant-owned extension outlined in blue

Bombay War Memorial Sports Ground Trust

33. The trust was established in 1922. The trust’s main purpose is to promote, encourage, assist, develop and support by any means whatsoever all sport, recreation, leisure and cultural activities which are in the interests and the well-being of the people in the district.

34. The trust owns land at 40 Paparata Rd, Bombay. This is used by both Bombay Rugby Football Club and Bombay Tennis Club.

35. Whilst the trust does not have a large membership, the land and facilities it owns (clubrooms, tennis courts and playing fields) provide recreation services for the wider community. The tennis and rugby clubs have a combined membership of just on 1,000 people.

36. The trust, together with the clubs, work towards keeping annual subscriptions at a minimum. The clubs, with the trust’s support, fundraise and secure sponsorship each year to help ensure the sports are affordable for the community.

37. Although the building has mixed ownership, the trust over the last two years has completed the following upgrades.

Table 1: Building upgrades completed by the trust

Building upgrades completed by the trust
2024	Partially reroofed
	Roof repainted
	Exterior repainted
2023	Commercial kitchen refit (including fixing floor)
	New chiller unit installed
	Interior refurbishment of the clubroom portion of the building
	Upgrade of changing rooms

38. The hall and clubrooms are used by rugby, tennis and touch rugby teams, Bombay Bowls and the Hato Hone St John Cadet programme.

39. Transferring the building ownership and lease will ensure the clubs can continue to use the facilities. This wider community use can also be included as a condition of a lease to the trust.

Tātaritanga me ngā tohutohu

Analysis and advice

40. At the expiry of a lease for a council-owned building, a review of alternatives for the use of the premises should be carried out as good practice.

41. This is an unusual situation as it is reflective of historical mixed ownership models. Under the Auckland Council Facility Partnerships Policy 2018, the council no longer invests in facilities that have split or mixed ownership. This is to ensure clear legal responsibility for assets throughout their life.

42. Auckland Council’s Community Occupancy Guidelines 2012 (Updated 2023) guide local boards in decision-making on community occupancy agreements. The guidelines provide that groups that own their buildings have an automatic right to re-apply for a new lease at the end of their occupancy term.

43. The Bombay Rugby Club have not signed their lease for the previous five years. The trust is heavily interlinked with the rugby club and already provides some facilities for the club. Under the proposal, the trust would own and operate the facility for the rugby club and the wider community.

44. Under the Local Government Act 2002, Auckland Council must publicly notify its intention to grant a new community lease if the term is longer than six months.

45. The proposed new community lease was publicly notified. The notification appeared in the Franklin County News issue of 16 January 2025 and the Auckland Council website; with a submission deadline of 14 February 2025.

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

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

Assessment of the application

48. The Bombay War Memorial Sports Ground Trust has submitted a comprehensive application supporting the new lease request and is able to demonstrate its ability to deliver a fit-for-purpose community facility to accommodate the Bombay Rugby Club and other community groups.

49. The trust registered with the New Zealand Companies Office, under the Charitable Trusts Act 1957, in July 2022 and meets the criteria for community occupancy under the Community Occupancy Guidelines. The primary objective of the trust is to promote, assist, develop and support community sport and recreational groups and activities in the interest and wellbeing of people in the Bombay area and surrounding district.

50. The area proposed to be leased consists of 1,778m² (more or less) and is outlined in Attachment A – Site Plan 30 Paparata Road, Bombay.

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

52. The trust has all necessary insurance cover, including public liability insurance, in place. They will be responsible for insuring the building.

53. A site visit has been undertaken by staff and it was noted that whilst the club room portion of the building is well maintained, the council-owned hall portion needs work.

54. The trust has already undertaken some major refurbishment projects and are planning further works once it has secured ownership of, and a lease for, the hall.

55. The major refurbishment projects include a commercial kitchen refit (including floor repairs), interior refurbishment of the clubroom portion of the building, a new chiller unit, a partial reroof and paint and exterior paint.

56. The trust provides a valuable service to the local community providing facilities that enable both the rugby and tennis clubs to operate and provide a community facility for people of the Bombay area.

57. The Bombay War Memorial Hall had a book value for the financial year 2024/2025 of $351,000.

58. The 2018 Community Facilities Network Plan (CFNP) sets out the council’s 20-year investment plan to provide community facilities that deliver on art and culture, community centres, libraries, pools, leisure facilities and venues for hire.

59. Investment decisions on the provision of new buildings, and renewals of existing facilities, are assessed through specific criteria. One of the criteria assesses the renewal costs against the residual value of the property. The current estimated repair cost exceeds $1,289,000 and represents four times the residual value of the building. This would not meet the CFNP matrix criteria and would not be recommended for renewal.

60. Under the CFNP, an option is to consider opportunities to transfer ownership of existing facilities where it delivers improved long-term outcomes. Transferring the building to the trust would enable the community group to continue to make improvements and deliver a facility to the community.

61. Previously the carpark area has not been included in the leased area. The carpark needs work and is provisionally scheduled for the 2026/2027 local board capital works programme. The trust has requested that the carpark be within the leased area as there is a right of way in favour of the Bombay Rugby Club to access their land at the rear.

62. The trust has stated they would be willing to undertake the works on the car-park area if council contributed to the cost. The other option would be for council to undertake the works as the landowner.

63. The trust could time the works around the rugby club’s off-season and when the facility has low use. The carpark renewal project is currently phased to commence in FY 2027/2028. Conversations regarding the trust’s contributions and delivery model could be explored sooner to advance delivery.

64. Over the next few months, staff will be undertaking analysis of each local board service portfolio before commencing work on a portfolio plan. The findings will inform the 2026/2027 work programme.

65. The portfolio plans will look at the current service property portfolio and identify how council can support changes to deliver differently, thereby reducing reliance on assets and shaping a more sustainable portfolio.

66. The plan will provide advice on divestment and integration opportunities including if this hall and car park are required.

67. The local board requires advice about the need for the hall and carpark in the local network ahead of the completion of the Matapopore service portfolio review.

68. Paparata Local Purpose Reserve is across the road from the hall and car park. It is a 8428m² reserve and includes a Scout hall. The Parks and Places Specialist is currently undertaking preliminary work on a concept plan for the reserve. Students from the neighbouring primary school are involved in developing ideas for the future of the reserve.

69. The car park provides parking for the hall and the wider Bombay centre, there is ample on-road parking and under the Auckland Unitary Plan there are no minimum parking requirements for community buildings.

70. A community outcomes plan has been negotiated with the trust that identifies the benefits it will provide to the community. This will be attached as a schedule to the lease agreement and is attached to the report as Attachment B- COP Bombay War Memorial Sports Ground Trust.

71. Staff recommend that a new community lease be granted to The Bombay War Memorial Sports Ground Trust for a term of 10 years commencing from 1 April 2025 with two ten-year rights of renewal. This longer term reflects the significant amount of capital required to bring the hall up to standard and supports the direction from the local board workshop.

Tauākī whakaaweawe āhuarangi

Climate impact statement

72. It is anticipated that the continued use of the building will not result in an increase of greenhouse gas emissions.

73. A shared community space will decrease overall energy use, as users will not consume energy at individual spaces. The shared space will provide opportunities and enable people to enjoy positive healthy lifestyles and will increase capability and connections within the local community.

74. To improve environmental outcomes and mitigate climate change impacts, the council encourages the tenant to:

· use sustainable waste, energy and water efficiency systems

· use eco-labeled products and services

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

75. 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.

76. Climate change has an unlikely potential to impact the lease, as no part of the leased area is located in a flood-sensitive or coastal inundation zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

77. Council staff from within the Local Board Financial Advisory, Area Operations, Projects, and the Service and Asset Planning teams have been consulted. They are supportive of the proposed lease and asset transfer.

78. The proposed new lease and asset transfer has no identified impact on other parts of the council group. Whilst Eke Panuku was initially involved around the potential to divest the land this was not an option supported by staff. Additionally, any land sale by Eke Panuku would be at market value.

79. The views of other 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

80. The proposed lease will benefit the community by enabling initiatives that promote sports such as rugby, tennis, touch rugby and indoor bowling. It will also provide a community space for such groups as the Hato Hone St John cadet programme providing a community facility for other groups to hire on a casual basis, including for private functions.

81. The assessment of the application was discussed with the local board at its workshop on 8 October 2024. The local board indicated its support in principle of the proposals.

82. The delivered activities align with, and support, the Franklin Local Board Plan 2023.

· Our community - Support the community to plan and deliver activities celebrating local history, engaging new residents in community life, promoting healthy active lifestyles, environmental sustainability and local resilience. Improving access to Auckland Council services and facilities.

· Our people - We are focusing on empowering and enabling all people in our community, with a focus on key groups – Māori, young people, and the aged and disabled communities.

· Our places - Make changes to our current facilities network so that our parks, libraries, community halls and recreational facilities are fit for purpose, and deliver to future need and budget constraints.

Tauākī whakaaweawe Māori

Māori impact statement

83. Iwi engagement on council’s intention to grant a new community lease to Bombay War Memorial Sports Ground Trust for the hall and grounds at 30 Paparata Road, Bombay was undertaken in October and November 2024 with the nine iwi groups identified as having an interest in land in the local board area. The engagement involved an email to these iwi (Attachment C – iwi notified of the proposed new lease) containing detailed information on the land, the proposed tenant and the lease proposal as per Section 4 of the Conservation Act 1987

84. Ngaati Te Ata Waiohua responded indicating support for the activities. They are also keen to forge a relationship with the trust, so they understand the cultural significance and values of the site and wider area. Staff have introduced the two groups.

85. No objections were received from the iwi and mana whenua emailed.

86. The proposed tenant has agreed, via a community outcomes plan, to deliver Māori outcomes that reflect their local community (Attachment B). The lease will benefit Māori and the wider community through specific benefits to Māori in, health and well-being.

87. 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.

88. These commitments are outlined 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.

89. One expected outcome of granting a community lease is to increase Māori wellbeing through targeted support for Māori community development projects.

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

Ngā ritenga ā-pūtea

Financial implications

91. All costs relating to the public notification of the council’s intention to grant the proposed lease will be borne by the Parks and Community Facilities department of Auckland Council.

92. Transferring ownership of the building to The Bombay War Memorial Sports Ground Trust will also transfer responsibility for all future costs associated with the building and carpark to the tenant.

93. The building and carpark need significant renewal works that have been costed at approximately $1,400,000. These renewal works will stretch the local board's budget and these funds could be used for other facilities.

94. The current estimated repair cost for the hall only is more than $1,289,000 and represents just over three and half times the residual value of the building. This would not meet the CFNP matrix criteria.

95. Staff have consulted with the Financial Strategy and Planning department of the council. No concerns were raised regarding the financial implications for the proposed new lease and asset transfer to the trust.

Table 2: Summary of financial implications

Transfer ownership of building (recommend)

Retain ownership, renew the asset and grant a building lease

Do nothing – don’t lease

Building

Opex: Transferring ownership of the building will remove the asset from the full facilities contract and hence all associated Opex costs

Capex: Obligation to renew will be removed.

Community outcome: yes

Opex: council-owned buildings are part of the full facilities contract which attracts a cost.

Capex: Needs an additional $1.289 million, delays other projects

Community outcome: yes

Opex: council-owned buildings are part of the full facilities contract which attracts a cost.

Capex: no change in the immediate future and the building will continue to deteriorate and become unusable.

Community outcome: no

Carpark

The trust would be responsible for maintenance. Likely trust would not renew without some contribution.

Capex commitment of $111,000 is currently programmed for the FY 2026/2027 work programme.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

96. Should the local board resolve not to grant the proposed community lease to The Bombay War Memorial Sports Ground Trust at 30 Paparata Road, Bombay, the group’s ability to undertake all current and future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcomes.

97. The transfer of the council-owned asset and proposed new lease gives the group security of tenure, enabling them to attend to the scheduled maintenance and future renovation projects within the facility. Should the building become unoccupied, there is a risk associated with the lack of maintenance and possible improvements.

98. Council will be liable for the asset/s regardless of whether a budget is allocated to, or identified for, renewals.

Ngā koringa ā-muri

Next steps

99. If the local board resolves to transfer ownership of the hall staff will work towards recording the asset transfer in line with the local board’s decision.

100. If the local board resolves to grant the proposed new community lease, staff will work with the Bombay War Memorial Sports Ground Trust to finalise a lease agreement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site plan - 30 Paparata Road, Bombay	125
b ⇩	Community outcomes plan - Bombay War Memorial Sports Ground Trust	127
c ⇩	Iwi with an interest in the land at 30 Paparata Road, Bombay	129

Ngā kaihaina

Signatories

Author

Phillipa Carroll - Principal Community Lease Advisor

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Manoj Ragupathy - Local Area Manager

Franklin Local Board

27 May 2025

Landowner approval and proposed new community licence to occupy to Orere Community and Boating Club Incorporated at 50 Howard Road, Orere

File No.: CP2025/05115

Te take mō te pūrongo

Purpose of the report

1. To request the Franklin Local Board to grant:

a) landowner approval to the Orere Community and Boating Club Incorporated to establish a community garden at 50 Howard Road, Orere Point

b) a new community licence to occupy to Orere Community and Boating Club Incorporated for a community garden at 50 Howard Road, Orere Point.

Whakarāpopototanga matua

Executive summary

2. Orere Community and Boating Club has applied for landowner approval and a licence to occupy to enable the creation of a community garden at 50 Howard Road, Orere Point.

3. The site is located next to the Orere Rural Library/health clinic building and is currently an open grassed area.

4. The proposal would see the installation of a 1.2-metre-high picket fence around the garden.

5. The proposal involves pruning a Titoki tree and the removal of three small native plants.

6. The land falls within a floodplain, requiring any solid structures to be positioned at a height to allow floodwaters to run beneath.

7. The proposal is not expected to increase the likelihood or severity of localised flooding.

8. Auckland Council staff support the proposal and believe it will provide positive community outcomes.

9. This report recommends that landowner approval and a new licence to occupy be granted to the Orere Community and Boating Club for the creation of a community garden.

10. If the local board decides to approve the landowner approval and licence, staff will work with the applicant to finalise the agreements.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakaae / grant landowner approval to the Orere Community and Boating Club Incorporated to enable the construction of community garden assets on 175 square meters (more or less) at 50 Howard Road, Orere Point, on land legally described as Lot 50 Deposited Plan 36710 (Attachment A)

b) whakaae / grant, under section 138 of the Local Government Act 2002, a new community licence to occupy to Orere Community and Boating Club Incorporated for 175 square meters (more or less) at 50 Howard Road, Orere Point on the land legally described as Lot 50 Deposited Plan 36710 (Attachment A), subject to the following terms and conditions:

i) term – five (5) years, commencing 1 June 2025, with one five (5)-year right of renewal and reaching final expiry on 31 May 2035

ii) annual rent – $1,300 (plus GST)

iii) community outcomes plan – to be included as a schedule of the licence agreement (Attachment B)

iv) the licensee will be responsible for implementing and maintaining regular pest and animal control measures for the duration of the community garden activity

c) whakaae / approve all other terms and conditions in accordance with the Local Government Act 2022, the Auckland Council Community Occupancy Guidelines 2012 (updated July 2023), and the Auckland Council standard form agreement for a new community garden licence to occupy

d) tuhi ā-taipitopito / note that public and iwi notification of Auckland Council’s intention to grant a new community licence to occupy has not been required.

Horopaki

Context

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

12. This application for a community licence to occupy has arisen from an application for landowner approval for a new community garden at Orere Point. The proposed item does not appear on the current work programme.

The land

13. The property at 50 Howard Road, Orere Point, is legally described as Lot 50 Deposited Plan 36710. The land is held by Auckland Council in fee simple and subject to the Local Government Act 2002.

Figure 1. The land at 50 Howard Road, Orere Point.

14. The land, of 963 square meters (more or less), at the corner of Orere Point Road and Howard Road (outlined in blue), currently contains a single building, shared by the Orere Rural Library and the Kawakawa Bay Orere Health Clinic (outlined in purple above). The community garden is proposed for the area outlined in red above.

Orere Community and Boating Club Incorporated

15. Orere Community and Boating Club Incorporated registered with the New Zealand Companies Office under the Incorporated Societies Act 1908 in June 2007. The association aims to serve and advance the interests and welfare of the people, community and rural settlement of Orere Point, its district and environs; and to encourage the residents and visitors to take pride and appreciation in the conservation of Orere Point.

16. The association has over 200 members and supports the small community with events and fundraising for First Responders, the Coastguard and Orere School. Annual Christmas events are held for seniors (a lunch) and children (a party). They also serve as a contact point and group in civil defence and emergency situations.

Proposal

17. The Orere Community and Boating Club have applied for landowner approval and a subsequent licence to occupy to enable the creation of a community garden at 50 Howard Road, Orere Point.

18. Picket fencing, 1.2 meters high, will be installed around the garden to outline the garden/licence area.

19. The garden will consist of three raised beds for vegetables and produce that will be distributed to the local community. A community pantry is located next to the land. The society plans to work with Orere School, the health clinic and community members to distribute produce. They also plan to work with the community garden at Kawakawa Bay.

20. Due to the size of the site, composting will not take place on-site. Storage of soils, mulch, etc. will be kept to a minimum, or not at all.

Tātaritanga me ngā tohutohu

Analysis and advice

Community benefits

21. One of the drivers for establishing the garden is to provide greater resilience for the local community.

22. Orere is an isolated community, a +40-minute drive from Papakura, that is at risk of being cut off from services in the event of extreme weather events, as has happened in the past. Establishing a community garden will enable residents to secure additional fresh food in the event of road closures.

23. Another aim of the proposal is to empower the community to grow their own food, while providing a new space for residents to come together to be social and active.

Public notification

24. Under section 138 of the Local Government Act 1977 council must consult on the proposal before it disposes (i.e. grants a licence) of land that “has the effect of excluding or substantially interfering with the public’s access to the park”. The development of a community garden will not interfere with access to the land.

Other considerations

25. Staff acknowledge that the activity may attract more vehicle traffic to the area. To mitigate this, the group will be encouraged to carpool, and/or visit on foot or by bike where possible.

26. There is potential that the activity will increase ambient noise in the area. However, as this is an open community space, noise-generating activities are expected to be minimal. The group will be asked to be respectful of neighbours at all times, and to set up a complaints process to deal with any issues that arise. This process would detail the actions required in the event a complaint was received and would ensure issues are addressed promptly, and to the satisfaction of Auckland Council.

27. If granted, staff also recommend that the licence include terms to ensure the applicant is responsible for implementing and maintaining regular pest and animal control measures for the duration of the community garden activity.

28. A community outcomes plan has been developed (Attachment B) to identify the benefits it will provide to the community. This will be attached as a schedule to the lease agreement.

29. 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 licence agreement if approved by the local board.

30. Staff recommend that a new community licence to occupy be granted to Orere Community and Boating Club Incorporated and a licence to occupy for a term of five years, commencing 1 June 2025, with a single five-year right of renewal; reaching final expiry on 31 May 2035.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The creation of the proposed community garden is not expected to cause any significant climate impact.

32. The site sits within a flood plain, as shown in Figure 2, below:

Figure 2. flood plain map, 50 Howard Road, Orere Point (circled)

33. The flood map above shows the extent of flooding expected around the Auckland region during severe rainfall events. However, areas that are not highlighted may also experience flooding in some circumstances. There are two layers:

· Flood plains show areas predicted to be covered by flood water as a result of a 1-in-100 year rainstorm event by river or surface flooding.

· Flood prone areas are low points in the ground that may flood. They are often associated with roads or railway embankments, or places where water can become trapped and pool if their outlet is blocked. These areas are also associated with 1-in-100 year rainfall events.

34. A flood happens when heavy rainfall overwhelms the capacity of natural or designed drainage systems. Floods become dangerous if the water is very deep or travelling very fast, or if the flood waters have risen very quickly, or if they contain debris like tree branches and sheets of iron.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. The following Auckland Council Parks and Community Facilities staff have been engaged for feedback on the proposal; the comments below reflect their feedback:

a) Arboriculture and Tree Health Specialist

b) Healthy Waters

c) Facilities Manager

d) Facilities Co-ordinator

e) Parks and Places Specialist

f) Rural Libraries.

36. Staff raised no significant concerns or objections to the proposal. However, if the application is approved, they recommend conditions to ensure that the applicant is responsible for the ongoing maintenance of the gardens and to ensure that is at any stage the gardens need to be disestablished that the applicant restores the land to a condition acceptable to the Facilities Manager.

37. Feedback from Council Controlled Organisations is not required, and has not been sought, for this proposal.

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

Local impacts and local board views

38. The proposed lease will benefit the community by enabling initiatives that promote food security and social cohesion for the Orere Point community.

39. The assessment of the application was discussed with the local board at its workshop on 10 September 2024. The board indicated its in-principle support of the proposal.

40. The proposal aligns with the Franklin Local Board Plan 2023 objectives:

· Tō Tātou Hapori | Our Community – support the community to plan and deliver activities celebrating local history, engaging new residents in community life, promoting healthy active lifestyles, environmental sustainability and local resilience. Improving access to Auckland Council services and facilities. And the key initiative to support food security initiatives.

· Ō Tātou Wāhi | Our Places - Make changes to our current facilities network so that our parks, libraries, community halls and recreational facilities are fit for purpose, and deliver to future need and budget constraints.

Tauākī whakaaweawe Māori

Māori impact statement

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

42. The Auckland Unitary Plan shows no recorded “Sites and Places of Significance to Mana Whenua” at the site.

43. Staff undertook a triage of the site and its possible significance to iwi. Advice received was that engagement is not required for this proposal.

Ngā ritenga ā-pūtea

Financial implications

44. All costs relating to the public notice of the council’s intention to grant the proposed lease has been borne by the Parks and Community Facilities department of council.

45. Staff have consulted with the Financial Strategy department of council. No concerns were raised regarding the financial implications of the proposed new agreement.

46. Ongoing maintenance of the garden assets will be the responsibility of the licensee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47. Should the local board resolve not to grant the proposed licence, the group’s ability to undertake their future activities will be negatively impacted. This will have an adverse impact on the achievement of the desired local board plan outcome/s.

Ngā koringa ā-muri

Next steps

48. If the local board resolves to grant the proposed new community licence to occupy, staff will work with the group to finalise a lease agreement in line with the local board’s decision.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan - 50 Howard Road Orere Point	137

Ngā kaihaina

Signatories

Authors

Jenny Young - Community Lease Specialist

Gail Lorier-May - Land Use Advisor

Authorisers

Kim O’Neill - Head of Property & Commercial Business

Manoj Ragupathy - Local Area Manager

Franklin Local Board

27 May 2025

Franklin Local Board Member Vacancy

File No.: CP2025/09225

Te take mō te pūrongo

Purpose of the report

1. To seek the Franklin Local Board’s decision on how to proceed with a vacancy set to occur on 1 June 2025.

2. To determine if any of the issues or fora member Soole has been appointed to represent the local board on needs to be reconsidered.

Whakarāpopototanga matua

Executive summary

3. Logan Soole has resigned from the Franklin Local Board effective 1 June 2025. This report outlines information regarding the options for filling the vacancy on the Franklin Local Board.

4. As the vacancy has occurred within 12 months or less of the triennial election, subsections 117 (2) and (3) of the Local Electoral Act 2001 apply. According to Section 117(3) of the Local Electoral Act 2001, on receiving notice under subsection (2) the local board must, at this meeting, determine by resolution that either (a) the vacancy will be filled by the appointment by the local board of a person named in the resolution who is qualified to be elected as a member; or (b) that the vacancy is not to be filled.

5. The Franklin Local Board must therefore decide at this business meeting, unless it is not practicable, to resolve to appoint a named person to the position or determine to leave the position vacant.

6. A person is eligible to be nominated if they are over 18 years of age, a New Zealand citizen, and on the electoral roll. The board may take other criteria into consideration as well, as long as the legislative criteria are met.

7. If, under section 117 (3) (b) the board resolves at this business meeting not to fill the vacancy, it must immediately give public notice of its decision.

8. If under section 117(3) the board resolves to appoint to the vacancy it must immediately give public notice of its decision and its selection process. The board will then confirm the appointment at its next subsequent business meeting on 24 June 2025 and the appointed member will make their statutory declaration.

9. Member Soole has been appointed by the board to represent it on various fora and on key issues. The board will need to confirm whether any of those appointments need to filled by other members of the board.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) resolve to not fill the vacancy created on the Franklin Local Board by Member Logan Soole’s resignation from the board effective on 1 June 2025 pursuant to section 117 (3) of the Local Electoral Act

b) immediately give public notice of the decision to leave the vacancy unfilled in accordance with section 119 of the Local electoral Act 2001

c) determine if any of the issues or fora that Member Soole has been appointed to represent the local board on needs to be reconsidered.

a) resolve to appoint <<person nominated>> to fill the vacancy created on the Franklin Local Board by Member Logan Soole’s resignation from the board effective 1 June 2025, until the next triennial election, which takes place on 11 October 2025, pursuant to section 117 (3) of the Local Electoral Act, and that <<person nominated>> be sworn in as a Member at the local board’s business meeting on 24 June 2025

b) note that the board has selected <<person appointed>> because of <<criteria met>>

c) resolve that the outcome of the appointment be immediately publicly notified as required by Section 118(1) of the Local Electoral Act 2001

d) determine if any of the issues or fora that Member Soole has been appointed to represent the local board on needs to be reconsidered.

Horopaki

Context

10. Member Logan Soole has resigned from his position as a member of the Franklin Local Board effective 1 June 2025.

11. As this vacancy occurs within 12 months or less before the next triennial election, the Franklin Local Board must make a decision:

a) that the vacancy is filled by an appointment by the local board of a person named in the resolution who is qualified to be elected, or

b) that the vacancy is not to be filled.

12. As per section 117 of the Local Electoral Act, the decision on how to proceed with the vacancy is to be determined at the next subsequent meeting (other than an extraordinary meeting) by resolution of the local board.

9. The criteria for eligibility for serving as an elected representative on a local board are provided in legislation and are that applicants must be:

a) Over eighteen years of age.

b) A New Zealand citizen.

c) On the electoral roll.

10. Additionally, no member of the Governing Body may also be a member of a local board. If a person is an un-discharged bankrupt, they must disclose this fact to the Chief Executive (Auckland Council’s Code of Conduct).

Tātaritanga me ngā tohutohu

Analysis and advice

11. The board is able to take any relevant considerations into account in:

i. deciding whether to appoint a new member or to leave the vacancy unfilled; and

ii. if it chooses to appoint, the criteria to use (in addition to the statutory criteria outlined above).

12. Key considerations in choosing whether to appoint or leave the position vacant could include:

· whether the community is adequately represented with either a vacancy or a full contingent of board members

· whether the remaining members adequately represent the part of the community or communities represented by the resigning member

· whether a new member has enough time to come up to speed with the council and the local board’s work this term to meaningfully contribute to discussions and decisions

· whether the board is likely to struggle to form a quorum for the remainder of the term while carrying a vacancy. The quorum remains a majority of local board members and is not affected by the vacancy.

13. Key considerations for the candidate to be appointed (if the board chooses to appoint a person) could include:

· the highest polling unsuccessful candidate at the last election

· whether the appointee has been subject to public scrutiny through participating in an election process previously

· experience of community leadership within the Franklin local board area

· an understanding of the area including the impact of Auckland Council’s services in the community

· experience in governance

· experience or knowledge of local government

· whether they are an excellent communicator

· whether they have an ability to evaluate and interpret complex information.

13. If the Board decides to appoint to the vacant position, this appointment will be confirmed at the next scheduled business meeting on 24 June 2025.

14. The new local board member will be taken through an induction programme, the level and detail of which will be dependent on the appointed member’s knowledge and experience in local government and of local boards. The programme will be delivered by the Governance and Engagement team to provide the member with the capability and understanding to undertake the role.

15. It is also noted that nominations will open on 4 July 2025 for the 11 October 2025 triennium elections.

Member Soole’s Appointments

16. The table below shows Member Soole’s appointments as lead or alternate. All of Member Soole’s appointments can be covered by other appointed lead or alternate members if the board choose to take no further action. Alternatively, the board can choose to reconsider the leads or alternates and appoint other members to fill the gap left by Member Soole’s resignation.

Appointment	Lead	Alternate
Landowner Consents (Pukekohe Subdivision)	Member Soole	Chair Fulljames
Filming consents (Pukekohe Subdivision)	Member Soole	Chair Fulljames
Events applications (Pukekohe Subdivision)	Member Soole	Chair Fulljames
Stormwater feedback (Pukekohe Subdivision)	Member Soole	Chair Fulljames
Pukekohe Cemetery Committee	Member Soole Chair Fulljames	Deputy Chair Cole
Emergency Readiness and Response Forum	Member Soole Member Bell	None
Ara Kotui	Chair Fulljames	Member Soole
Rural advisory Panel	Deputy Chair Cole	Member Soole

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. There are no implications for climate change arising from this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. There are no significant impacts on the council group on whether the board chooses to leave the vacancy unfilled.

19. A new member will need to be sufficiently inducted into their role within a short period of time by board members and staff.

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

Local impacts and local board views

20. This decision will impact on makeup of the Franklin Local Board for the remainder of this electoral term.

21. Filling the vacancy through appointment or leaving the vacancy unfilled will not have a significant impact as the board is still able to carry out its functions under either scenario.

Tauākī whakaaweawe Māori

Māori impact statement

22. Census 2023 shows that 19.2 % of Franklin residents identify as Maori compared to 13.8% for the wider Tāmaki Makaurau area.

23. Member Soole is of Te Rarawa and Ngāti Kahu descent. His absence will result in less Māori representation on the local board.

24. As this decision must be made at the board’s May business meeting, staff have not been able to consult with Māori on the decision of filling or not filling the vacancy.

25. The board may choose to fill the vacancy with an appointee of Māori descent and/or an effective representative of Māori communities and voices.

26. While impact on Māori may exist, the impact will be limited to the period before the next election.

Ngā ritenga ā-pūtea

Financial implications

27. If the board chooses to fill the vacancy by appointment, costs of induction and the member’s honorarium can be met from existing resources.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. The local board would be at risk of not meeting its legislative obligations if it fails to make a decision on this matter.

Ngā koringa ā-muri

Next steps

29. Proposed timeline:

27 May 2025 Board meets at scheduled ordinary meeting to make a decision. Resolution made to appoint or leave vacant, under section 117(3) of Local Electoral Act.

27 May 2025 If an appointment is made, the candidate is informed of the board’s decision.

10-16 June 2025 If appointment is made, a public notice will be provided via the Auckland Council website and the next available publication of local newspapers and minutes, providing the resolution and the process and/or criteria by which the person named in the resolution was selected for appointment.

If no appointment is made, the resolution will be also publicly notified.

24 June 2025 If an appointment is made it will be confirmed at the next scheduled business meeting on 24 June 2025 and the new member will make their Statutory Declaration. Section 118 (2) of the Local Electoral Act provides that the person appointed is for all purposes to be treated as having been elected to fill the vacancy on the date at which the appointment is confirmed. Term of office does not start until there has been a resolution confirming the appointment.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Denise Gunn - Democracy Advisor
Authoriser	Manoj Ragupathy - Local Area Manager

Chairperson	Angela Fulljames
Deputy Chairperson	Alan Cole
Members	Malcolm Bell JP
	Sharlene Druyven
	Gary Holmes
	Amanda Hopkins
	Andrew Kay
	Amanda Kinzett
	Logan Soole