Agenda of Governing Body - Thursday, 25 September 2025

Governing Body

25 Sept 2025

Auckland Future Fund Statement of Investment Policy and Objectives (SIPO)

File No.: CP2025/20302

Te take mō te pūrongo

Purpose of the report

1. To provide Governing Body with an opportunity to provide feedback on the draft inaugural statement of investment policy and objectives (SIPO) for the Auckland Future Fund (the fund) (Attachment A).

Whakarāpopototanga matua

Executive summary

2. The Auckland Future Fund Deed of Trust stipulates that Auckland Council will consider and (if thought fit) provide comments or propose amendments on the SIPO to the Auckland Future Fund Trustee (AFFTL) Board before the board finalises and approves the SIPO.

3. A SIPO is a document that sets out the investment governance and management framework, philosophy, strategies and objectives of an investment fund and its investments or portfolios. This includes the asset classes and allocations of the fund’s investments.

4. The draft SIPO was prepared by Māpua Wealth (independent advisor to the AFFTL board), in collaboration with the AFFTL Board and Vontobel Asset Management AG (global investment manager).

5. Key elements of the draft SIPO content (investment strategies, asset allocations and reporting requirements, etc) were developed during the procurement process and contract negotiations for the global investment manager.

6. Staff in the council’s Treasury and Commercial Legal teams have reviewed the draft SIPO and are of the opinion that the SIPO is appropriate for the fund, has regard to the council’s Responsible Investment Policy and meets best practice.

7. The draft SIPO needs to be approved by the AFFTL Board before investment can commence. Delays in feedback from the council may result in delays investing the money; currently expected in mid to late October 2025.

8. Going forward, the Auckland Future Fund SIPO will be reviewed and reapproved before 30 June of each year. The next draft will be provided for review in April or May 2026.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaū / confirm the draft statement of investment policy and objectives for the Auckland Future Fund has been considered by Governing Body members and there are no further comments or proposed amendments.

Horopaki

Context

Auckland Future Fund

9. As part of the Long-term Plan 2024-2034, Auckland Council decided to establish a long-term investment fund, to be called the Auckland Future Fund (the fund). The fund is intended to diversify the council’s investments, both financially and geographically, to improve the council’s financial and physical resilience.

10. The fund was initially capitalised in December 2024 with $1.319 billion as a result of the sale of the council’s shareholding in Auckland International Airport Limited. On 19 September 2025, the council will provide another $45 million to the fund as a result of a special dividend the council received from Port of Auckland Limited in August 2025.

11. As set out in the Auckland Future Fund Distribution Policy, the fund is expected to pay an annual distribution to the council..

12. The fund is held in a trust, which is managed by the Auckland Future Fund Trustee Limited (AFFTL) as corporate trustee of the fund. Both the fund and AFFTL are substantive CCOs under the Local Government Act 2002.

Statements of investment policy and objectives (SIPO)

13. A SIPO is a document that sets out the investment governance and management framework, philosophy, strategies and objectives of an investment fund and its investments or portfolios. This includes the asset classes and allocations of the fund’s investments.

14. It is the vehicle for clearly articulating the investment objectives and parameters for an investment fund and plays an important part in shaping and ensuring the effectiveness of the overall accountability framework. As such, the fund’s SIPO will be a critical document for the successful operation and outcomes of the fund.

Auckland Future Fund Deed of Trust requirements

15. Section 6.1(b) of the Auckland Future Fund Deed of Trust requires AFFTL to prepare and deliver to the council, a draft SIPO that must:

· be based on any council guidance received prior to preparing the draft (such as the Auckland Future Fund Policy and Auckland Future Fund Distribution Policy)

· have regard to the council’s Responsible Investment Policy

· be consistent with the deed of trust

· be drafted not less than 60 business days prior the commencement of each financial year.

16. Section 6.1(c) of the deed of trust stipulates that Auckland Council will consider and, if thought fit, provide comments on or proposed amendments to the draft SIPO; not later than 30 business days prior to the commencement of each financial year.

17. Section 6.1(d) of the deed of trust requires AFFTL to approve the SIPO, after taking into account Auckland Council’s comments on, or proposed amendments to, the draft SIPO, prior to the commencement of each financial year. It also clarifies that, while AFFTL must consider council’s feedback, AFFTL has sole discretion on the content and form of the final SIPO.

18. Section 6.1(e) of the deed of trust allows the council and AFFTL to agree to extend timeframes set out in Section 6.1. This clause has been exercised to allow for the global investment manager to be appointed and contribute to the SIPO before it was completed.

Tātaritanga me ngā tohutohu

Analysis and advice

19. The draft SIPO (Attachment A) helps to formalise, organise, implement and monitor the fund’s investment strategy. It provides clarity on what the fund is aiming to achieve and helps the AFFTL Board and global investment manager to focus on the opportunities that are most appropriate for the fund. It also lays out the roles and responsibilities of all parties, including strategic oversight and reporting requirements and is linked to the council’s Responsible Investment Policy.

20. The key elements covered in the SIPO (in line with best practice) include:

· structure/framework overview

· investment objectives and strategy

· roles and responsibilities

· strategic asset allocation, asset classes and benchmarks, and rebalancing and hedging settings

· procedures

· risk management

· responsible investing

· due diligence

· monitoring

· reporting.

21. Many key elements of the content (investment strategies, asset allocations and reporting requirements, etc) were developed during the procurement process and contract negotiations with the global investment manager. The collaborative approach utilised the expertise and capabilities of the AFFTL Board, the board’s independent advisor and the global investment manager to develop a strong investment strategy and framework which all parties are confident will deliver the investment returns and distribution targets required in the Auckland Future Fund Distribution Policy.

22. The draft SIPO was prepared by Māpua Wealth (independent advisor to the AFFTL board), in collaboration with the AFFTL Board and Vontobel Asset Management AG (global investment manager).

23. The AFFTL Board engaged Māpua Wealth as they are experts in investment governance, asset allocation, portfolio design, fund research and alternative investments. They provide tailored investment and governance advice to a broad range of entities across charitable trusts, Māori and iwi groups, financial advisers, high-net-worth individuals, and fund management firms. Their expertise has supported the AFFTL Board in ensuring the SIPO follows best practice for SIPOs and is appropriate for the fund.

24. The council’s Treasury and Commercial Legal teams have reviewed the draft SIPO and believe it:

· is appropriate for the fund

· follows best practice

· meets the requirements of the fund’s compliance, such as obligations under the council’s Responsible Investment Policy

· provides a pathway for the AFFTL Board and Vontobel Asset Management AG to deliver the long-term target returns and annual distribution to the council, as per the Auckland Future Fund Distribution policy.

Climate impact statement

25. The SIPO is required to reference the council’s Responsible Investment Policy which includes guidelines for climate change considerations. The draft SIPO has highlighted this policy in the relevant sections, including those relating to vision, mission and investment beliefs.

26. The SIPO also outlines that the global investment manager is required to provide a quarterly environment, social and governance (ESG) report to the AFFTL Board, which includes greenhouse gas emissions and other potential ESG exposure reporting.

Council group impacts and views

27. Staff in the council’s Treasury and Commercial Legal teams have reviewed the draft SIPO. Further views have not been sought as the fund’s SIPO does not directly impact CCOs.

Financial implications

28. The draft SIPO sets out investment strategies for the fund such as asset allocation, asset classes, benchmarks, rebalancing and hedging settings. These parameters have been established and agreed by the AFFTL Board and global investment manager to ensure the fund is able to deliver on the investment returns and other financial obligations as required by the Auckland Future Fund Distribution Policy.

Risks and mitigations

29. The SIPO is reviewed annually to ensure it continues to be appropriate and meet the obligations of the fund.

30. The fund cannot be invested until there is an approved SIPO in place, further risking the fund’s ability to meet the investment return targets in the distribution policy. Therefore, the AFFTL board is highly focused on delivering the SIPO as soon as possible, including shortening the timeframes where appropriate and practicable.

31. In the meantime, the fund is being held mostly in interest-earning bank accounts to ensure it continues to earn interest but is also available to be transferred to the global investment manager immediately once the SIPO and administration tasks are completed.

Tauākī whakaaweawe Māori

Māori impact statement

32. The content of the draft SIPO does not have any direct benefits to or adverse effects on Māori.

33. The fund/AFFTL’s Statement of Intent 2025-2028 (approved by the Governing Body on 28 August 2025) notes that AFFTL will utilise the council’s Māori Outcomes Performance Measurement Framework Tamaki Ora 2025-2027 to inform the development of its augural Achieving Māori Outcomes Plan, to be completed before 31 December 2025. However, the plan is unlikely to impact future SIPO reviews.

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

Local impacts and local board views

34. The governance of substantive CCOs is a responsibility of the Governing Body. Local board views have not been sought.

Ngā koringa ā-muri

Next steps

35. As a matter of urgency, the AFFTL Board will:

· consider any feedback received from Governing Body

· make any changes it deems appropriate related to Governing Body feedback or otherwise

· approve the SIPO.

36. The SIPO will be used as a tool for the global investment manager to initiate and continue to manage the investments.

37. As per the fund’s deed of trust – the SIPO will be reviewed and reapproved before 30 June of each year. Refer to paragraphs 15-17 of this report for further details.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Draft Auckland Future Fund SIPO 2025

Ngā kaihaina

Signatories

Authors

Megan Holley - Treasury and Investments Relationship Manager

Authorisers

John Bishop - Group Treasurer

Ross Tucker - Group Chief Financial Officer

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Proposed promotion of a local bill to amend Auckland Domain Act 1987

File No.: CP2025/15275

Te take mō te pūrongo

Purpose of the report

1. To decide whether to promote a local bill to amend the leasing provisions in the Auckland Domain Act 1987

Whakarāpopototanga matua

Executive summary

2. Auckland Council’s leasing powers over Auckland Domain (Domain) are prescribed in section 7 of the Auckland Domain Act 1987 (the Act).

3. Section 7 of the Act prescribes maximum lease terms to named lessees at defined locations within the Domain.

4. The current leases permitted under the Act (and the respective final expiry dates) are held by the following groups: Auckland Tennis Incorporated - expires 1 September 2061, Auckland Bowling Club Incorporated - expires 31 March 2033, Parnell Lawn Tennis Club Incorporated - expires 15 December 2029 and the operator at the Wintergardens Café - expires 30 June 2028.

5. Under the Act, on the expiry or earlier termination of these leases, council will be unable to grant further leases at the current specified locations within the Domain, or any other part of the Domain.

6. On 19 May 2025 the Auckland Domain Committee resolved (ADCCC/2025/13) to recommend to the Governing Body that council promote a local bill to amend section 7 of the Act. This would empower council to grant future leases over those parts of the Domain as described in section 7 (as shown indicatively in Image 1 as areas A, B, C and D as specified in the plan), at council’s discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the Local Government Act 2002 (LGA) (proposed amendment to the Act).

7. The Auckland Domain Committee also resolved for staff to undertake mana whenua and public consultation on the proposed amendment. The consultation feedback to be reported to the Waitematā Local Board by August 2025 to inform its consideration of the proposed amendment and reporting to the Governing Body.

8. The views of iwi identified as having an interest in the Domain in relation to the proposal were sought. No feedback was received from any iwi group of either objections, questions or concerns from mana whenua. Council received one public submission which was opposed to the proposal.

9. Council initially engaged with the existing community lessees, the Auckland Bowling Club, Tennis Auckland and Parnell Lawn Tennis Club who indicated that they are supportive of a council proposal to amend the Auckland Domain Act. Following the Domain Committee decision to publicly consult on a chosen option, the lessees were informed of the public notice asking for submissions. None of the lessees made submissions.

10. On 19 August 2025 the Waitematā Local Board resolved to recommend to the Governing Body that council promote a local bill to amend section 7 of the Act to empower Auckland Council to grant future leases over those parts of the Auckland Domain as described in section 7 (and shown indicatively as areas A, B, C, D as specified in the plan in Image 1) at its discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the Local Government Act 2002 (WTM/2025/128).

11. Staff recommend that the Governing Body agrees to promote a local bill to amend section 7 of the Act as recommended by the Auckland Domain Committee and the Waitematā Local Board.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree that council promote a local bill to amend section 7 of the Auckland Domain Act 1987 to empower Auckland Council to grant future leases over those parts of the Auckland Domain as described in section 7 (and shown indicatively as areas A, B, C, and D as specified in the plan in Image 1 in the agenda report), at its discretion, including as to lessee and duration (including any rights of renewal) subject to the consultation requirements of section 138 of the Local Government Act 2002.

b) tāpae / delegate to the Chief Executive to:

i) prepare and finalise the draft local bill to reflect the proposed amendment to the Auckland Domain Act 1987 in resolution a) above; and

ii) carry out all procedural requirements, including those under Parliamentary Standing Orders, to enable the Bill to be introduced to the House.

Horopaki

Context

Domain Leasing Powers

12. The overriding policy and intention of the Act is that the Domain is held as a place of public recreation and enjoyment, including at all times free access to and egress from the Domain in favour of all persons, subject to the provisions of the Act (section 4 of the Act).

13. The Act balances this against providing the council with limited leasing powers prescribed in section 7 of the Act. Under section 7, council may only grant leases in specific locations to named lessees, with the one exception of a lease permitted under section 7(1)(e) that does not name a specific lessee. As each of these leases expires (or is otherwise terminated), no further leasing of those sites is permitted. No leasing of alternative sites in the Domain is permitted. Section 7 of the Act is set out in Attachment A.

14. An amendment to the Act would be required to enable the council to enter into new leases with the existing lessees beyond the existing lessees’ terms, or to grant a new lessee a lease of those sites upon expiry of the current leases or to enter into leases over other parts of the Domain. The latter is not considered in this report.

15. As the Act is a Local Act, the process to amend the Act requires the council to promote a Local Bill. Parliamentary Standing Orders prescribe the process a local authority must follow to promote a Local Bill.

Current Leases in the Domain

16. The current leases (and the respective final lease expiry dates) as provided for under section 7 of the Act are set out in Table 1:

Table 1. Current Domain Leases

Section(s) of the Act	Lessee name	Site location/address	Lease Expiry
Section 7(1)(b) Section 7 (2A)	Auckland Tennis Incorporated (marked A on the plan in Image 1)	1 Tennis Lane, Parnell or 20 Park Road, Grafton	01/09/2061
Section 7(1)(a) Section 7(2)	Auckland Bowling Club Incorporated (marked B on the plan in Image 1)	100 Stanley Street, Parnell	31/03/2033
Section 7(1)(d) Section 7(2)	Parnell Lawn Tennis Club Incorporated (marked C on the plan in Image 1)	Maunsell Road, Parnell	15/12/2029
Section 7(1)(e) Section 7(2)	Golden Fortune Auckland Limited (marked D on the plan in Image 1)	Wintergarden Café, Kiosk Road, Grafton	30/06/2028

17. The areas of the Domain subject to existing leases under section 7 of the Act are indicatively set out in the plan in Image 1 below, outlined in red.

18. Section 7(1)(c) of the Act also provides for a lease to Auckland Rugby League of an area shaded purple on the plan in Image 1. This area of the Domain has not been occupied by Auckland Rugby League since 2002. The former Rugby lease site is not included in the land proposed to be made subject to future leasing under the Act.

19. Council’s maintenance contractor for the Domain has a licence to occupy in and around the nursery area to enable them to efficiently fulfil their maintenance contract.

20. Auckland Museum Trust Board leases the Auckland Museum at the Domain under separate legislation and accordingly this report does not consider the museum leasing arrangements.

21. The final lease expiry dates for two of the leases are approaching in 2028 and 2029 respectively, and a third lease expiring in 2033 (see Table 1 above).

Image 1: Auckland Domain site plan

Red - current lease areas:

A - Tennis Auckland

B - Auckland Bowling Club

C - Parnell Lawn Tennis

D - Wintergarden Café

Blue - licence to occupy for the Domain maintenance contractor

Purple - expired and terminated lease (Auckland Rugby League)

Decision Making

22. The Domain is identified in the “Decision-Making Responsibilities of Auckland Council’s Governing Body and Local Boards” (the Allocation Table) (set out in Volume 2 of the Annual Plan 2025-2026) as a park of regional significance with decision-making responsibility over the Domain as follows:

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23. As noted in the Allocation Table, both the Governing Body and the Waitematā Local Board have delegated their decision-making responsibilities over the Domain to the Auckland Domain Committee.

24. The Domain Committee terms of reference include “all powers of the Governing Body and Waitematā Local Board necessary to perform the committee’s responsibilities including those powers conferred on Auckland Council pursuant to the Auckland Domain Act 1987”, with certain exceptions including (relevantly for current purposes) the approval of final policy and deciding significant matters for which there is high public interest, and which are controversial.

25. Staff advice is that the promotion of a local bill to amend the Act would come under the exception of “the approval of final policy” and is likely to be considered a significant matter for which there could be high public interest. Therefore, a decision to promote a local bill in this case would be with the Governing Body rather than the Domain Committee. The views of the Waitematā Local Board should be considered in any Governing Body decision.

26. On 19 May 2025 the Auckland Domain Committee considered the options available as to future leasing at the Domain and agreed to recommend to the Governing Body its preferred option of promoting a local bill to amend the Act, subject to the outcome of public consultation and mana whenua engagement. The options analysis and staff advice is set out in the report to the Auckland Domain Committee in Attachment B.

27. The Auckland Domain Committee’s resolution is set out in paragraph 56 below.

28. Public consultation and mana whenua consultation on the proposal has been undertaken in accordance with the requirements of the Local Government Act.

29. No response was received from iwi in relation the proposal. One public submission objecting to the proposal was received (Attachment C).

30. On 19 August 2025 the Waitematā Local Board approved the proposed amendment to the Act and agreed to the Domain Committee’s recommendation to the Governing Body, taking into consideration the submission received through public consultation. The Waitematā Local Board’s resolution is set out at paragraph 58 below (WTM/2025/128).

Tātaritanga me ngā tohutohu

Analysis and advice

Purpose of the Act and status of Domain

31. The purpose of the Act is to consolidate and amend the law relating to the control, management and use of the Domain.

32. The status of the Domain under section 4(1) of the Act is that it shall continue to be held by the council upon trust as a place of public recreation and enjoyment, including at all times free access to and egress from the Domain in favour of all persons. This statutory status reflects the regional importance of the Domain.

33. When a lease of land is granted, the lessee is entitled to exclusive use of the leased land area for the duration of the lease. Council’s power to grant leases over the Domain under section 7 of the Act is therefore an exception to the overriding status of the Domain as a place for public recreation and enjoyment for all persons.

34. Section 7(3) provides that “except as provided in this section, the council shall not have power to grant a lease or leases of any other part or parts of the Domain”. This reflects the intention of the Act to preserve the Domain for public recreation with free access to all, rather than providing exclusive rights to selected groups.

Leasing restrictions under section 7 of the Auckland Domain Act 1987

35. The key restrictions on leasing under section 7 of the Act can be summarised, as follows:

a) Finite lease terms – lease terms are prescribed for a finite term.

b) Fixed lease areas – lease areas within the Domain are described in section 7 in of the Act (Attachment A) and as indicated in the plan in Image 1.

c) Exclusive named lessees – only named lessees are entitled to lease the Domain land, with the exception of leases permitted under section 7(1)(e).

36. As most of the current leases will expire in the next three to eight years, council needs to decide whether to promote a local bill to amend the leasing provisions under the Act, which would enable further leases to be granted.

37. Any decision to seek to extend council’s leasing powers at the Domain, by way of amendment to section 7 of the Act, should consider the statutory status of the Domain, reflecting its importance as a park of regional significance. In light of this, staff recommend that leasing remains restricted to the parts of the Domain currently specified in section 7 of the Act.

Recommended Option

38. The options analysis presented to the Auckland Domain Committee on 19 March 2025 (see Table 2, in Attachment B) recommended the following option to be promoted as an amendment to the Act:

Table 2: recommended option

Option

Advantages

Disadvantages

Promote a local bill to amend the Act to allow future leases at specified locations within the Domain:

Empower council to grant future leases over those parts of the Auckland Domain as described in s7 of the Act (and shown indicatively as areas A, B, C, D as specified in the plan in Attachment B*), at its discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the Local Government Act 2002.

(recommended)

*now shown in Image 1

Council retains discretion over the lease term.

Council holds complete discretion to select suitable lessee groups.

Statutory process for leasing would trigger the same consultation requirements as leasing parks under s 138 of the LGA to bring in line with council’s current practices and policies for other LGA land.

This would give council more flexibility to cater for the changing needs of the community.

Restricting the areas of the Domain available for leasing reflects the intention of the Act and the statutory status of the Domain as a place for public recreation for all persons.

The existing lessees are likely to resist not being named as they have, to date, enjoyed the benefit of exclusivity.

On expiry of the current ground leases, ownership of lessee’ buildings and improvements revert to the council. Near the end of the terms, the current lessees will have no incentive to invest in the maintenance and repair of their assets.

39. The Auckland Domain Committee were supportive of the option set out in Table 2 above as the preferred option, subject to public consultation and mana whenua engagement, on the basis that this amendment, if enacted, would continue to restrict leasing to defined areas of the Domain in accordance with the intention of the Act, while aligning with current council leasing practices and policies for both community and commercial leasing.

40. Following public consultation and iwi engagement, the Waitematā Local Board endorsed the approved option in Table 2 above on the 19 August 2025 and resolved (resolution (WTM/2025/128)) to recommend that the Governing Body approves the promotion of a local bill to amend section 7 of the Auckland Domain Act 1987. This will empower Auckland Council to grant future leases over those parts of the Auckland Domain as described in section 7 (and shown indicatively as areas A, B, C, D as specified in the plan in Image 1), at its discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the LGA. A copy of the report to the Waitematā local board is contained in Attachment D.

41. This report seeks Governing Body agreement to promote a local bill (Bill) to amend section 7 of the Act in accordance with the Allocation Table for the Domain as set out in paragraphs 22 above.

Process to Promote the Local Bill

42. If the Governing Body agrees to promote a local bill, the following steps are required:

a) Staff will prepare a draft local bill reflecting the policy agreed to by the Governing Body.

b) A local MP would need to be identified and agree to be in charge of the Bill.

c) Council Legal Services will liaise with Parliamentary Council Office to review the draft Bill, load into their system, and put into the correct format.

d) Staff will prepare a public notice in accordance with Parliamentary Standing Orders for publication in newspapers and on council’s website.

e) Council Legal Services will liaise with the Office of the Clerk in relation to the promotion of the Bill. Even with the delay due to the election period next year, it is not currently anticipated that there is a risk the bill would not be passed before the first lease expires on 30/06/2028.

Climate impact statement

43. A decision to approve promotion of a local bill to amend the Act is an administrative matter and does not trigger any climate change impacts.

Council group impacts and views

44. Land Advisory Services, Community Leasing and Commercial Leasing staff in the Property Department support the promotion of a local bill for the proposed amendment to the Act for the following reasons:

a) It would provide more certainty for existing and future lessees at the Domain.

b) It would align with the previous 2008 amendment to the Act to enable a large-scale development by lessees.

c) Where appropriate, allowing for long term leases enables lessees to undertake capital projects on the site creating better upgraded facilities for the community.

d) It would continue to restrict leasing to defined areas of the Domain in accordance with the intention of the Act.

e) It would align with current council leasing practices and policies for both community and commercial leasing.

f) Council will continue to be able to charge commercial rental for the commercial lease premises.

Financial implications

45. Costs relating to the promotion of a local bill will be met from within existing budgets.

46. If enacted, an amendment to the Act to provide for future leasing in the Domain would allow council to continue to generate rental revenue from those leases.

47. If the Act is not amended the council runs the risk of the improvements vesting in council at ground lease expiry. Maintenance and future renewals of these improvements are not currently budgeted for.

Risks and mitigations

48. The public consultation and mana whenua engagement sought the views and preferences of those interested in or affected by the proposal to inform the council’s decision-making.

49. If the proposed promotion of a local bill to amend the Act to allow for future leasing at the Domain is not approved by Governing Body, the implications are:

a) On expiry or earlier termination of the existing leases, no further leasing will be permitted under the Act.

b) Any revenue from existing leases would end on lease expiry. No future lease revenue could be contemplated.

c) Aucklanders stand to lose access to community recreational facilities.

d) Well established activities and groups would be displaced without obvious alternative locations.

e) Ownership of lessee buildings and improvements would revert to council. Council will be responsible for operating expenses and capital costs associated with asset management. Cost to remove improvements and reinstate or maintain would be a financial risk to council.

Tauākī whakaaweawe Māori

Māori impact statement

50. Council staff have engaged with mana whenua on the promotion of a local bill for the proposed amendment to the Act.

51. Mana whenua engagement involved an email to the 15 iwi groups identified as having an interest in the Domain. No feedback was received from any iwi group for either objections or concerns in relation to the proposal, were raised by mana whenua. The email to mana whenua did state there would be another opportunity to provide feedback via Parliamentary Standing Orders.

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

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

54. An amendment of the Act to enable the council to continue to provide leasing on the Domain which can be used as a tool to target positive outcomes for Māori and support the council’s strategic plans.

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

Local impacts and local board views

55. Early initial engagement with the community lessees for this report was made and the Auckland Bowling Club, Tennis Auckland and Parnell Lawn Tennis Club indicated they are supportive of a council proposal to amend the Auckland Domain Act. Staff also directed the groups to the public notice which detailed the proposed amendments and details around making a submission. No submissions were received from the lessees.

56. At its business meeting on 19 May 2025, the Auckland Domain Committee resolved as follows:

Resolution number ADCCC/2025/13

MOVED by Chairperson D Simpson, seconded by Cr S Stewart:

That the Auckland Domain Committee:

a) whakaae / agree to recommend to the Governing Body that council promote a local bill to amend section 7 of the Auckland Domain Act 1987 to empower Auckland Council to grant future leases over those parts of the Auckland Domain as described in section 7 (and shown indicatively as areas A, B, C and D as specified in the plan in attachment B), at its discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the Local Government Act 2002.

b) whakaae / agree that staff undertake mana whenua and public consultation on a proposal to promote a local bill to amend section 7 of the Auckland Domain Act 1987 as set out in resolution a) above.

c) tono / request that the feedback received from mana whenua and public consultation be reported to the Waitematā Local Board by August 2025 to inform its consideration of the recommendation in resolution a) above, after which staff will report the outcome of the mana whenua and public consultation and the views of the Waitematā Local Board to the Governing Body for a decision.

CARRIED

57. One submission was received from the public consultation undertaken opposing the proposal. This submission is attached at Attachment C.

58. At its business meeting on 19 August 2025 the Waitematā Local Board resolved as follows:

Resolution number WTM/2025/128

MOVED by Chairperson G Sage, seconded by Member A Rawiri:

That the Waitematā Local Board:

a) tūtohi / receive the submission received following public consultation of the proposal to promote a local bill to amend section 7 of the Auckland Domain Act 1987.

b) tautoko / support proposed amendment to section 7 of the Auckland Domain Act 1987 to allow council to grant future leases over specified parts of the Auckland Domain.

c) whaikupu / recommend to the Governing Body that council promote a local bill to amend section 7 of the Auckland Domain Act 1987 to empower Auckland Council to grant future leases over those parts of the Auckland Domain as described in s 7 (and shown indicatively as areas A, B, C, D as specified in the plan in Image 1), at its discretion as to lessee and duration (including any rights of renewal), subject to the consultation requirements of section 138 of the Local Government Act 2002.

CARRIED

59. Staff recommend the Governing Body make their decision in relation to the proposal taking into account the public feedback and recommendations of the Auckland Domain Committee and Waitematā Local Board as set out above.

Ngā koringa ā-muri

Next steps

60. Subject to the Governing Body decision on whether to promote a local bill to amend section 7 of the Act, the Chief Executive will instruct Council legal services to assist with drafting of the Bill and seek sponsorship by a local MP to support the Bill.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Section 7 Auckland Domain Act 1987
b ⇨	Dom Com AGN Report
c ⇨	Submission
d ⇨	Waitemata LB Report 19 August 2025

Ngā kaihaina

Signatories

Authors

Katerina Marinkovich - Principal Property Advisor

Phillipa Carroll - Principal Community Lease Advisor

Authorisers

Ian Wheeler – General Manager Property

Barry Potter - Director Resilience and Infrastructure

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Approval to dispose of non-service properties in Pakuranga and Onehunga

File No.: CP2025/16286

Te take mō te pūrongo

Purpose of the report

1. To recommend the disposal of properties no longer required by Auckland Council as part of the council’s asset recycling programme, being: 54-68 Pakuranga Road, 20 Williams Avenue, 74-88 Pakuranga Road, 1/25 Williams Avenue, 1/31 Williams Avenue, Pakuranga and 210A Onehunga Mall, Onehunga.

Whakarāpopototanga matua

Executive summary

2. Asset recycling provides capital to be invested into strategically important activities. Auckland Council’s Long-term Plan 2024-2034 includes a target of $300 million to be realised from the sale of surplus council owned property and alternative commercial arrangements. This report identifies council owned properties surplus to requirements and recommends their disposal.

3. The properties at 54-68 Pakuranga Road, 20 Williams Avenue, 74-88 Pakuranga Road, 1/25 Williams Avenue and 1/31 Williams Avenue, Pakuranga (collectively the Pakuranga properties) were acquired by Auckland Council between 2012 and 2017 for the Auckland Manukau Eastern Transport Initiative roading project (now called Eastern Busway).

4. The properties at 54-68 Pakuranga Road, 20 Williams Avenue, 70-88 Pakuranga Road are vacant sections. The properties at 1/25 Williams Avenue and 1/31 Williams Avenue are each a half share in a cross-lease property with dwellings.

5. The Auckland Transport Board declared that the Pakuranga properties are no longer required for transport and infrastructure purposes.

6. The Pakuranga properties were acquired for a public work. Therefore, they are subject to offer back obligations to the former owners under S40 Public Works Act 1981.

7. The Planning Committee endorsed the Transform Onehunga High Level Plan on 28 March 2017 (PLA/2017/34). The Finance Performance Committee subsequently approved the divestment of properties located within the Transform Onehunga High Level Project Plan boundary for urban renewal purposes on 23 May 2017 (FIN/2017/61).

8. The property at 210A Onehunga Mall, Onehunga is part of the Waiapu precinct project supporting urban regeneration outcomes of the Transform Onehunga High Level Project Plan. The property is a small narrow site used as a public right of way and accessway from Onehunga Mall to Gerrard Beeson Lane.

9. Staff recommend the disposal of the 210A Onehunga Mall property to provide for an agreement with adjacent property owners to proceed. The agreement will result in an improved public right of way that better serves pedestrians at 208 Onehunga Mall.

10. Staff have engaged with council business units, council-controlled organisations, iwi authorities. Howick Local Board has endorsed the proposed disposal of the Pakuranga properties and Maungakiekie-Tāmaki Local Board have a report on their 25 September business meeting to consider endorsing the disposal of the Onehunga property. No public work requirement has been identified for these properties through this engagement.

11. Sales proceeds from the proposed disposal of the properties will be allocated towards the asset recycling target contained in the council’s Long-term Plan 2024-2034. If any or all properties are not approved for disposal there will be an impact on council’s budget.

12. Images of the properties are provided in Attachment A.

Ngā tūtohunga

Recommendations

That the Governing Body:

a) whakaae / approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of:

i) 54-68 Pakuranga Road and 20 Williams Avenue, Pakuranga being:

A) Sect 2 SO 557938 contained in Record of Title 1233948

B) Sect 3 SO 557938 contained in Record of Title 1233943

C) Sect 4 SO 557938 contained in Record of Title 1233944

D) Sect 5 SO 557938 contained in Record of Title 1233951

E) Sect 6 SO 557938 contained in Record of Title 1233945

F) Sect 7 SO 557938 contained in Record of Title 1233946

G) Sect 8 SO 557938 contained in Record of Title 1233942

H) Sect 9 SO 557938 contained in Record of Title 1233947

I) Sect 10 SO 557938 contained in Record of Title 1233949

J) Sect 11 SO 557938 contained in Record of Title 1228638; and

ii) 74-88 Pakuranga Road, Pakuranga being;

A) Sect 2 SO 557939 contained in Record of Title 1014444

B) Sect 3 SO 557939 contained in Record of Title 1014442

C) Sect 4 SO 557939 contained in Record of Title 1014441

D) Sect 7 SO 557939 contained in Record of Title 1014440

E) Sect 8 SO 557939 contained in Record of Title 1014445

F) Sect 9 SO 557939 contained in Record of Title 1014443

G) Sect 10 SO 557939 contained in Record of Title 1014447

H) Sect 11 SO 557939 contained in Record of Title 1014446

I) Sect 12 SO 557939 contained in Record of Title 1014448

iii) 1/25 Williams Avenue, Pakuranga being Lot 13 DP 5496, Flat 1 DP 61593 contained in Record of Title NA17A/933

iv) 1/31 Williams Avenue, Pakuranga being Flat 1 DP 69273, ½ SH SECT 5 SO 523007 contained in Record of Title 858295

v) 210A Onehunga Mall, Onehunga being Part Deeds Plan 969, contained in Record of Title NA591/177

Horopaki

Context

13. Asset recycling is an important lever for Auckland Council, providing capital to be invested into the most strategically important activities. Auckland Council’s Long-term Plan 2024-2034 includes a target of $300 million to be realised from asset recycling. This is to be achieved from proceeds of sale of surplus council owned property and alternative commercial arrangements.

14. For all properties that are potentially no longer required for public work purposes, the property department engages with council departments and its council-controlled organisations through an expression of interest process to establish whether the property must be retained for a strategic purpose or is required for a future funded public work. Once a property has been internally cleared of any public work requirements, the department then consults with local boards, mana whenua and ward councillors.

15. Two types of properties are recommended for disposal in this report. There are properties in Pakuranga that were acquired by Auckland Council for a transport project and a property in Onehunga that was acquired as a public pedestrian accessway. Both types of property are no longer required for the purpose that they were acquired for.

16. The Auckland Manukau Eastern Transport Initiative (now Eastern Busway) is a group of projects that will give residents of South Eastern suburbs improved transport choices and better connect them to the rest of Auckland. The Pakuranga properties were acquired by Auckland Council for construction of the Pakuranga Road section of the project.

17. Construction is complete on the relevant section of the Eastern Busway and the Auckland Transport Board declared that the Pakuranga properties are no longer required for transport and infrastructure purposes.

18. The Onehunga priority location is an urban regeneration project that seeks to achieve urban renewal within the Onehunga town centre. There is significant potential for redevelopment in this area. The property at 210A Onehunga Mall is within the Onehunga priority location boundary and is suitable to form part of a mixed-use development (residential/ retail commercial) with high quality architectural expression that will add visual interest to the main street.

19. The Transform Onehunga High Level Plan was endorsed by the Planning Committee on 28 March 2017 (resolution PLA/2017/34). The Finance and Performance Committee subsequently approved the divestment of properties located within the Onehunga priority location boundary on 23 May 2017 (resolution FIN/2017/61) for urban renewal purposes.

20. The relevant ward councillors have been notified regarding the properties located in their ward and recommended for disposal in this report. Engagement with the local boards and mana whenua is covered in the local board views and Māori impact statement sections.

Tātaritanga me ngā tohutohu

Analysis and advice

Assessing the disposal of the Pakuranga properties

21. The Pakuranga properties were acquired by Auckland Council between 2012 and 2017 for the Eastern Busway (previously Auckland Manukau Eastern Transport Initiative) roading project.

22. The properties at 54-68 Pakuranga Road and 20 Williams Avenue are vacant sections laid to grass, held in ten titles.

23. All the original improvements have been removed and roading works have been completed and legalised.

24. The properties in their current form represent the balance of land from the roading project, measuring 3,799 square metres in total. The Auckland Unitary Plan zoning is Residential - Terrace Housing and Apartment Building. The total current council valuation is $6,670,000.

25. There is no practical access to the land from Pakuranga Road and future development options will need to consider access via Williams Avenue or Tāmaki Bay Drive or secure additional land or easements.

26. The properties at 74-88 Pakuranga Road are vacant sections laid to grass, held in nine titles.

27. All the original improvements have been removed and roading works have been completed and legalised.

28. The properties in their current form represent the balance of land from the roading project, measuring 4,459 square metres. The Auckland Unitary Plan zoning is Residential - Terrace Housing and Apartment Building. The total current council valuation is $5,990,000.

29. There is no practical access to the balance land from Pakuranga Road and future development options will need to consider access via Tāmaki Bay Drive or secure additional land or easements.

30. The property at 1/25 Williams Avenue is a half share of a 739 square metres cross-lease property containing two single-storey brick and tile residential units. Auckland Council holds the half share that fronts onto Williams Avenue.

31. The Auckland Unitary Plan zoning is Residential - Terrace Housing and Apartment Building. The current council valuation is $810,000.

32. The property at 1/31 Williams Avenue is a half share of a 1,300 square metres cross-lease property containing two single-storey residential brick and tile units. Auckland Council holds the half share on the eastern side.

33. The Auckland Unitary Plan zoning is Residential - Terrace Housing and Apartment Building. The current council valuation is $690,000.

34. All of the Pakuranga properties were acquired for a public work. Therefore, they are subject to offer back obligations to the former owners under S40 Public Works Act 1981.

35. If any or all the properties are not approved for disposal there will be an impact on council’s asset recycling target and budget.

Assessing the disposal of 210A Onehunga Mall, Onehunga

36. The property at 210A Onehunga Mall is a long narrow strip of land currently used as a public pedestrian accessway from Onehunga Mall to Gerrard Beeson Lane. It was acquired by the former Onehunga Borough Council from a private party in 1973 and is subject to rights of way easements.

37. The accessway at 210A Onehunga Mall is not fit for purpose and does not comply with crime prevention through environmental design principles as it is narrow and bordered by tall buildings.

38. The property at 210A Onehunga Mall, Onehunga is not required to remain a public access route as Auckland Council has acquired 208 Onehunga Mall to create an improved, wider pedestrian connection between Onehunga Mall and Gerrard Beeson Place, that complies with crime prevention and environmental design principles.

39. The property in its current form has an area of 71 square metres. The Auckland Unitary Plan zoning is Town Centre. The total current council valuation is $10,000.

40. The land at 210A Onehunga Mall has been identified as part of a wider agreement with a private landowner which will enable a mixed-use development. The proposed disposal will enable part of the Waiapu precinct project supporting a “more inviting and well-connected town centre area in Onehunga”. This also supports the urban regeneration objectives of the Transform Onehunga High Level Project Plan.

41. The property was acquired for a public work in 1973 and is likely to be exempt from the offer back obligations to the former owners under the Public Works Act 1981.

42. If 210A Onehunga Mall is not approved for disposal the new walkway at 208 Onehunga Mall will not proceed, there will be an impact on the urban renewal outcomes for the adjacent sites and the Waiapu precinct project will be impacted.

Significance and Engagement Policy

43. The disposal of the subject properties is not deemed significant under Auckland Council’s Kaupapa Here Whaitake, Whakatauteute / Significance and Engagement Policy.

Climate impact statement

44. The proposed sale of these properties may lead to land use changes. It is acknowledged that any form of construction and development can increase carbon emissions.

45. Emissions associated with any potential redevelopment can be reduced through development standards agreed through a future development agreement, application of Homestar 6 criteria and requirements to reduce carbon emissions in commercial developments.

46. The properties are not in flood prone areas and are not coastal properties likely to be impacted by coastal inundation.

Council group impacts and views

47. Staff consulted with council departments and council-controlled organisations including Auckland Transport, Heritage, and Closed Landfills.

48. No alternative public work requirements were identified.

Financial implications

49. Capital receipts from the sale of properties not required by Auckland Council contribute to the goals of the Long-term Plan 2024-2034 by providing the council with an efficient use of capital and prioritisation of funds to achieve its activities and projects.

50. The execution of the disposal decision will be managed by existing council regional resources and budget. The balance of funds after sale will contribute towards council’s asset sales target.

Risks and mitigations

51. No significant risks associated with the recommendations contained in this report have been identified.

52. The properties’ market values may be lower than anticipated, or they may fail to sell in current market conditions. If the properties fail to sell in the first instance, they can be brought to market again at a later date or alternate strategies advised.

Tauākī whakaaweawe Māori

Māori impact statement

53. Staff undertook consultation with 19 mana whenua iwi authorities in March 2024 regarding any issues of cultural significance associated with the Pakuranga properties.

54. Staff have engaged with mana whenua through the Onehunga priority location mana whenua project working groups since 2018. The engagement is ongoing as the programme continues to progress.

55. No issues of cultural significance were raised in response. In the event the properties are approved for sale and after discharge of obligations under s40 Public Works Act 1981, all iwi entities will be informed of the decision and invited to participate in an open market transaction process where appropriate should they wish to acquire any of the properties.

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

Local impacts and local board views

Local Impacts

56. The disposal of the Pakuranga properties may enable residential development as the properties are zoned Residential - Terrace Housing and Apartment Building.

57. The disposal of 210A Onehunga Mall, Onehunga will enable delivery of the Onehunga High Level Plan and Waiapu Precinct masterplan which was publicly consulted on in 2023 and approved by the Maungakiekie-Tāmaki local board in October 2023 (MT/2023/150).The strategic moves and project initiatives identified in Onehunga High Level Plan which are facilitated by this project include:

· Retain – build on the existing community strengths – people and central place

· Respond – encourage smart growth with quality, connected communities

· Revitalise – celebrate industrial character and foster local productivity

Local boards

58. Staff attended a Howick Local Board workshop on 5 June 2025, and the local board provided informal feedback expressing support for the proposed disposals.

59. The Howick Local Board endorsed the recommendation to dispose of the Pakuranga Road and Williams Avenue properties at its business meeting on 21 August 2025 (HW/2025/143).

60. Staff have held workshops with the Maungakiekie-Tāmaki Local Board regarding the Waiapu precinct project, of which 210A Onehunga Mall is a part of.

61. The Maungakiekie-Tāmaki Local Board will receive a report on 25 September 2025 at the business meeting to recommend endorsement of the proposed disposal of 210A Onehunga Mall. The resolution of the local board will be tabled at the Governing Body meeting.

Ngā koringa ā-muri

Next steps

62. Subject to approval by the Governing Body the terms and conditions of sale for the properties will be approved under the appropriate delegations.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Images of Pakuranga and Onehunga properties

Ngā kaihaina

Signatories

Authors

Merelina Rasmussen - Strategic Property Specialist

Carl May - Team Leader Portfolio Review

Letitia Edwards - Head of Optimisation, Acquisitions and Disposals

Authorisers

Ian Wheeler - Director Portfolio Management

Barry Potter - Director Resilience and Infrastructure

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Proposed revocation and disposal of accessway reserve parcels at Aotea and Rukutai Streets, Ōrākei

File No.: CP2025/20020

Te take mō te pūrongo

Purpose of the report

1. To consider the public objections and submissions on the proposed revocation of the reserve status and subsequent disposal, of two reserve parcels at Aotea and Rukutai Streets, Ōrākei (the land).

2. Subject to the consideration of objections, recommend to the Minister of Conservation (Minister) that the reservation of the land’s status as reserve be revoked for the reason that the land does not have any or sufficient reserve values when assessed in terms of the Reserves Act 1977; that neither the land nor the use of the land has the characteristics or attributes of reserve land warranting protection which is set out in section 3 of the Reserves Act. It would be noted that public accessway provision to the Ngāti Whātua Ōrākei Treaty settlement land will be retained and improved through alternative walkways in close proximity.

Whakarāpopototanga matua

Executive summary

3. At its meeting on 26 June 2025, the Governing Body agreed to publicly notify under section 24(2) Reserves Act 1977 Auckland Council’s intention to recommend to the Minister the revocation of the reserve status of two local purpose (accessway) reserves in Ōrākei, and subject to satisfactory completion of all statutory processes, to dispose of the land to Ngāti Whātua Ōrākei Trust, including on the basis of negotiating improved access to the Ngāti Whātua Ōrākei Treaty settlement land, Takaparawhau, through pedestrian right of way easements. (resolution GB/2025/100).

4. The proposal was subsequently publicly notified on the 9 July 2025 in the Eastern Courier (see Attachment A) the weekly free newspaper circulating in the Ōrākei area where the reserves are located. The date for objections closed on 10 August 2025. Eight individual objections and a petition were received (see Attachment B).

5. The objections are summarised along with staff comments in Attachment C. The Governing Body must now receive the public submissions and under section 24(2)(c) Reserves Act 1977 consider and resolve on recommendations regarding those objections. Subject to its consideration of the objections, the Governing Body must decide whether to recommend to the Minister that the reservation of the land as a reserve should be revoked and, if so, the reasons for the recommendation.

6. The proposal was initiated by Auckland Council upon receiving a joint request In December 2024 from Ngāti Whātua Ōrākei and Generus Living Group Limited. Their proposal requested the revocation of the reserves status to enable the subsequent disposal to Ngāti Whātua Ōrākei Trust who would in return grant council perpetual public pedestrian right of ways through their nearby land ensuring there would be no loss of connectivity for the public and would instead result in enhanced public access through the provision of landscaping and upgraded accessways.

7. The function of these narrow land parcels (2 to 3.5 metre-wide) is pedestrian access from roads through to Takaparawhau, Ngāti Whātua Ōrākei’s ancestral land, co-governed with Auckland Council by the Ngāti Whātua Ōrākei Reserves Board.

8. The accessways are understood to be well used by the local community. Despite their access function, the land itself holds little to no reserve values as set out in the purposes s3 of the Reserves Act 1977, that warrant it be held under this protected area legislation. The proposal relocates the public access to Takaparawhau ensuring under perpetual easements there would no loss of connectivity or amenity for the public.

9. Staff consider the proposal to relocate the public access would result in new accessways which overall better serve the needs of the public. The new accessways would be compliant with current standards of provision, design and safety, and would have the additional benefit of no ongoing cost to the public.

10. Should the Governing Body recommend to the Minister that the reservation of the land as reserve be revoked, staff will refer it to the Department of Conservation. The Minister or his delegate will review all the supporting materials including the submissions and then determine whether to gazette the revocation of the reservation of the land as reserve.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / agree to accept the late submission, a petition from Leanne Tattle dated 4 September 2025;

b) tuhi tīpoka/ note that in accordance with the process in the Reserves Act 1977 that Auckland Council gave public notice on 9 July 2025 of its proposal to recommend to the Minister of Conservation the revocation of the reserve status of two local purpose (accessway) reserves at Aotea and Rukutai Streets, Ōrākei, legally described as Lot 6 Deposited Plan 92924 in Record of Title 1211845, and the land legally described as Lot 7 Deposited Plan 92925, Record of Title 1212543, (the land)

c) kohuki / consider the objections to the proposal to revoke the reserve status of the land, as set out and addressed in this agenda report and attached at Attachment B;

d) whakaae / approve Auckland Council recommending to the Minister of Conservation that, having considered the objections to the proposal, that the reservation of the land as reserve should be revoked;

e) whakaae / agree that the reasons for reserve revocation are that:

i) the land does not have any or sufficient values as reserve land, including for the purposes set out in section 3 of the Reserves Act 1977, and holding it under the Reserves Act 1977 is not necessary;

ii) the revocation of the reserve status will not result in any appreciable public loss of reserve amenity intended to be protected by the Reserves Act 1977;

f) tuhi tīpoka / note that the community benefit would be better served by the revocation of reserve status, as public access to the Ngāti Whātua Ōrākei Treaty settlement land, Takaparawhau, will be retained through perpetual easements for walkway access with improved amenity (through landscaping and other upgrades).

Horopaki

Context

The Land

11. The reserves are held by Auckland Council in fee simple as local purpose (accessway) reserves subject to the Reserves Act 1977. The land at Rukutai Street, Ōrākei is legally described as Lot 6 Deposited Plan 92924 in Record of Title 1211845. The land at Aotea Street, Ōrākei is legally described as Lot 7 Deposited Plan 92925, Record of Title 1212543 (the land).

12. The land was vested in Auckland City Council in February 1982 on subdivision of land owned by the Housing Corporation of New Zealand, pursuant to section 306(4) of the Local Government Act 1974.

13. Despite being held as local purpose reserves under Reserves Act section 23, whose purpose is ‘access’, there are alternative and better mechanisms for providing access without the statutory protections of the Reserves Act 1977. The land holds very little reserve values warranting it being held under the Reserves Act 1977. The function of these narrow land parcels is pedestrian access from roads through to Takaparawhau, Ngāti Whātua Ōrākei’s ancestral land returned through its historical Treaty of Waitangi settlement and co-governed (with Auckland Council) by the Ngāti Whātua Ōrākei Reserves Board.

Figure 1. Location of the reserve parcels indicated by red arrow. Highlighted in yellow the adjacent Ngāti Whātua Ōrākei hapū land being redeveloped for a comprehensive retirement village.

The proposal

14. In December 2024 council received a joint request from Ngāti Whātua Ōrākei and Generus Living Group, to revoke the reservation of the land as reserves. Ngāti Whātua Ōrākei also requested that subject to successful revocation, council disposes of the land parcels to Ngāti Whātua Ōrākei for amalgamating with its adjoining land being commercially redeveloped (hapū land). Acquiring these narrow land parcels which bisect the hapū land would better enable them to reconfigure and comprehensively redevelop the proposed joint retirement village development.

15. In return, Ngāti Whātua Ōrākei propose to grant public pedestrian right of way easements nearby through the hapū land, which would ensure there would be no loss of public connectivity through to Takaparawhau.

A aerial view of a neighborhood

AI-generated content may be incorrect.

Figure 2. Aerial image depicting the land (red line) and the proposed accessway easements (blue line)

16. Staff held initial concerns that the proposed accessway easement location in Aotea Street would funnel users into a more remote corner of Takaparawhau. Discussions have modified the proposition and led to the proposal being the accessway easement from Aotea Street would now link to upgraded pathways on Takaparawhau; a) down to Aitken Street and b) connecting to the main pathway in Takaparawhau. (see pink line marked on Figure 3 below). Council staff made this a requirement to be able to endorse the proposal to ensure the connectivity, safety and enhanced usability of the proposed relocated accessway from Aotea Street.

A map of a neighborhood

AI-generated content may be incorrect.

Figure 3. Plan showing proposed upgraded tracks as formed metal paths (in pink) through the eastern corner of Takaparawhau linking directly to the proposed public pedestrian right of way at Aotea Street (in yellow).

17. Ngāti Whātua Ōrākei Whai Rawa (the commercial investment company of the Ngāti Whātua Ōrākei group) obtained the approval of the Ngāti Whātua Ōrākei Reserves Board the co-governance entity that manages Takaparawhau, at the board’s 21 July 2025 business meeting, to upgrade the tracks on Takaparawhau as per the plan in Figure 3 to improve signage and wayfinding and removal of some vegetation (resolution NGA/2025/11).

18. Subsequent to the consultation closing, staff received further information on 3 September 2025 regarding the design of the proposed retirement village including that the site layout will internally provide a daytime pedestrian route through the site, between Rukutai St and Te Arawa St. This route through the retirement village would mean the public inconvenienced about the relocation of the Rukutai St access could still walk to the end of that street and cross through the retirement village land to access the proposed Te Arawa St accessway resulting in an increase in their current journey of 82 meters, see orange line on Figure 4.

Figure 4: Image showing proposed retirement village internal (daytime) pedestrian access (orange line).

Reserve revocation process

19. Reserves Act section 24 sets out the process for revocation of reserve status, including public notification specifying the reasons for the proposal and providing an opportunity for any written objections for a period of one month.

20. The reasons for revocation of reserve status are subject to the general purpose of the Reserves Act set out at section 3, and the purpose of the relevant reserve classification. The land is classified under section 23 local purposes reserves, namely for the purpose of providing and retaining areas for such local purpose or purposes as are specified in any classification of the reserve. Any other reserve values present should be managed and protected to the extent compatible with the primary purpose.

21. The purposes set out in section 3 of the Reserves Act 1977 are as follows:

3 General purpose of this Act

(1) It is hereby declared that, subject to the control of the Minister, this Act shall be administered in the Department of Conservation for the purpose of—

(a) providing, for the preservation and management for the benefit and enjoyment of the public, areas of New Zealand possessing—

(i) recreational use or potential, whether active or passive; or

(ii) wildlife; or

(iii) indigenous flora or fauna; or

(iv) environmental and landscape amenity or interest; or

(v) natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, community, or other special features or value:

(b) ensuring, as far as possible, the survival of all indigenous species of flora and fauna, both rare and commonplace, in their natural communities and habitats, and the preservation of representative samples of all classes of natural ecosystems and landscape which in the aggregate originally gave New Zealand its own recognisable character:

(c) ensuring, as far as possible, the preservation of access for the public to and along the sea coast, its bays and inlets and offshore islands, lakeshores, and riverbanks, and fostering and promoting the preservation of the natural character of the coastal environment and of the margins of lakes and rivers and the protection of them from unnecessary subdivision and development.

22. Council must comply with the legislative processes for the proposal to revoke the reservation of the land as a reserve under section 24 of the Reserves Act 1977 and the disposal decision which is subject to successful completion of all statutory requirements.

Consultation

23. The proposal was publicly notified on the 9 July 2025 in the Eastern Courier (Attachment A) in the weekly (free) newspaper circulating in the Ōrākei area where the reserves are located. Information was made available on the council website. The date for submissions closed on 10 August 2025. Eight (8) individual submissions were received and a petition.

24. Mana whenua were consulted on the proposal. In the unique circumstances with the location of the land being surrounded by Ngāti Whātua Ōrākei’s Treaty settlement land, staff determined it was appropriate to solely consult Ngāti Whātua Ōrākei on this matter. This is explained further in the Māori Impact Statement of this report.

25. The views of the Ngāti Whātua Ōrākei Reserves Board as the co-governance entity of Takaparawhau were also sought on the proposal. They advised the Ngāti Whātua Ōrākei Reserves Board received a business meeting report from Ngāti Whātua Ōrākei Whai Rawa on the proposal at their 11 November 2024 hui and they later resolved to support the proposal at their hui of 3 March 2025 (resolution NGA/2025/2).

26. The views of the Ōrākei Local Board, which was in support of the proposal, were made by resolution at their 19 June 2025 business meeting (resolution OR/2025/126) and reported to the 26 June 2025 Governing Body business meeting.

27. When making a recommendation decision to the Minister on the revocation of reserve status the Governing Body must take into account all relevant considerations, including the responses from the Ōrākei Local Board and the Ngāti Whātua Ōrākei Reserves Board and other interested and affected parties, and must consider the objections received in response to the public notice of the proposed revocations.

Tātaritanga me ngā tohutohu

Analysis and advice

Public objections

28. Council is required by the Reserves Act 1977 to consider all objections to the proposal. Consideration of the views and preference of affected or interested persons under Part 6 of the Local Government Act 2002 is also required. The following table either summarises main points in each objection received or copies their text in full where the objection was short, and includes officer comments (see the full submissions in Attachment B). Most of the submissions are from submitters who identify as living in the two affected streets and object to a change to the existing accessway locations.

29. As noted above, since the consultation closed staff received further information on 3 September 2025 regarding the proposed retirement village plans that the site layout will internally provide a daytime pedestrian route through the site, between Rukutai St and Te Arawa St see Figure 4.

30. A table of submissions is included in Attachment C. Staff have considered the objections and have provided comments in response to them. Governing Body, as the administering body of the land for the purposes of this Reserves Act decision, must consider the objections and then resolve on whether or not to recommend to the Minister of Conservation that the reserve status of the land be revoked.

31. Staff also consider that the proposal appropriately respects and takes into account the views and preferences of Ngāti Whātua Ōrākei in respect to land of historical customary significance and contiguous with its Treaty settlement land

32. Staff recommend revocation of the land as reserve for the reasons that it is no longer necessary to hold this land as a reserve subject to the restrictions in the Reserves Act; that the land does not hold any or sufficient reserve values, including in accordance with section 3 of the Reserves Act to require that it be retained under that Act; and that improved access to the Ngāti Whātua Ōrākei ancestral land Takaparawhau will be provided through perpetual easements. It is the staff view that there are no secondary scenic, historic, archaeological, biological, or natural features present on the land as per section 23(2)(a) that would require the statutory protections of the Reserves Act 1977. For these reasons it is the view of staff that the revocation of reserve status will not result in any appreciable loss of reserve amenity for the public and that the reserves can be considered surplus to the purposes of the Reserves Act 1977.

Climate impact statement

33. The proposal to relocate the public access to Takaparawhau through easement areas on the hapū land is not anticipated to result in an increase in climate change impacts or mitigations.

Council group impacts and views

34. Specialist staff from within the council, including Healthy Waters, Parks and Community Facilities Area Operations, Parks and Places, and Service and Asset Planning, have considered the proposed loss of the reserve against the existing access provision to Takaparawhau, the classification it is held for and the benefits of the proposed public accessway easements. Staff across council have worked collaboratively on this proposal.

35. Staff are supportive of the proposal as the service provision of the accessway function to Takaparawhau would be improved and continue to be served through the proposed easement areas. It was also noted that there would be an additional benefit of no ongoing maintenance costs to the public.

Financial implications

36. If approved in its entirety, this proposal would reduce the Ōrākei Local Board opex costs by the amount spent each year on the maintenance of these small reserves and any future capex costs. Under the proposed easement terms, Ngāti Whātua Ōrākei as landowner would bear the initial cost of the development of the easement areas, and their ongoing maintenance and renewal in perpetuity.

Risks and mitigations

37. There is low risk to the council if it complies with legislative processes for the proposal to revoke the reservation of the land as a reserve under section 24 of the Reserves Act 1977.

38. The Minister holds the power to either refuse or consent to the proposal to revoke the reservation of the land as reserve under section 24 of the Reserves Act 1977. There may be a risk of timeframe expectations not aligning with this step in the process, noting that the Department of Conservation has its own processes to follow.

Tauākī whakaaweawe Māori

Māori impact statement

39. Auckland Council is committed to meeting its Treaty-derived legal obligations and commitments to Māori. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan 2050, the Long-term Plan 2024-2034, the Auckland Unitary Plan (Operative in Part), and Tāmaki Ora 2025-2027 – Auckland Council Group Māori Outcomes Strategy and Performance Measurement Framework.

40. The Reserves Act 1977 is one of the Acts in the First Schedule to the Conservation Act 1987. Section 4 of the Conservation Act contains an obligation to give effect to the principles of the Treaty of Waitangi / Te Tiriti o Waitangi.

41. In performing functions and duties under the Reserves Act, including taking a decision to recommend revocation of Reserves Act status, the decision-maker must therefore interpret the Reserves Act to give effect to the principles of the Treaty. The courts have held that the requirement “to give effect” is a strong directive, creating a firm obligation on the part of those subject to it. Treaty obligations are overarching and not something to be considered or applied after all other matters are considered.

42. Treaty principles likely to be relevant to this decision include the following:

· Partnership – the mutual obligations to act towards each other reasonably and in good faith, honourable conduct and co-operation

· Informed decision making (often considered to form part of the partnership principle), means being well-informed of the mana whenua interests and views.

· Active protection – a positive obligation to take steps to ensure that Māori rights and interests are protected (while also noting this is not an absolute or unqualified obligation). The duty is ongoing and forward looking and may engage a range of social, cultural, and economic considerations. This principle may require that weight be given to Māori commercial and economic considerations.

43. Due to the unique circumstances of the revocation proposal, namely in relation to land of immense customary and ancestral significance to Ngāti Whātua Ōrākei and to Treaty settlement land held by the iwi, staff considered whether it would be appropriate in this situation to consult more widely than with Ngāti Whātua Ōrākei, namely with other iwi who have expressed that they may have customary interests in the wider area of central Auckland. The council carefully considered this matter and determined it was appropriate to solely consult Ngāti Whātua Ōrākei on this matter.

44. It is also noted, in respect to the wider proposal, and subject to the completion of all statutory processes, that it would enable the ancestral land to be reunited under Ngāti Whātua Ōrākei ownership. Ngāti Whātua Ōrākei also noted in the joint proposal the additional benefits of the wider proposal, to their development including the ‘ability to unlock the commercial value of a technically difficult site, thereby promoting Māori economic development and supporting the social and economic well-being of mana whenua’.

45. The Ngāti Whātua Ōrākei Trust has confirmed it supports the revocation proposal. It also acknowledges the broader aspirations and benefits associated with the wider proposal, including the opportunity to better integrate these parcels into the development of the surrounding whenua and enhance long‐term outcomes for both Ngāti Whātua Ōrākei and the wider community. It further stated they remain committed to ensuring that public access to Takaparawhau is maintained and enhanced through the proposed pedestrian easements and associated improvements.

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

Local impacts and local board views

46. The Ōrākei Local Board were consulted on the proposal at their 19 June 2025 business meeting to obtain their views and preferences for the Governing Body’s consideration (resolution OR/2025/126). The local board supported the proposals. These resolutions were provided (late) for the 26 June 2025 Governing Body meeting due to the short timeframe between the meetings.

Ngā koringa ā-muri

Next steps

47. Should the Governing Body resolve to recommend to the Minister that the reserve status of the land be revoked, staff will compile and send council’s application to the Department of Conservation.

48. The Minister then determines whether to gazette the revocation decision. If that were to occur, the Governing Body at their 26 June Meeting has agreed, subject to satisfactory completion of all statutory processes, that council dispose of the land under the Local Government Act 2002 to Ngāti Whātua Ōrākei Trust, including on the basis of negotiating improved access through pedestrian right of way easements. The Governing Body delegated to the General Manager Property the authority to approve negotiations and terms and conditions for the disposal of the land.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	EB Courier 9 July 25 notice
b ⇨	Submissions and Petition
c ⇨	Table of Submissions

Ngā kaihaina

Signatories

Author

Catherine Dearsley - Principal Property Advisor

Authorisers

Ian Wheeler - Director Portfolio Management

Barry Potter - Director Resilience and Infrastructure

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Auckland Council's submission on the Local Government (Auckland Council) (Transport Governance) Amendment Bill

File No.: CP2025/16897

Te take mō te pūrongoPurpose of the report

1. To agree Auckland Council’s position on the Local Government (Auckland Council) (Transport Governance) Amendment Bill and delegate authority for final approval of the council’s submission to the Mayor and Deputy Mayor, the Chair and Deputy Chair of the Transport, Infrastructure and Resilience Committee, and a member of Houkura / Independent Māori Statutory Board.

Whakarāpopototanga matua

Executive summary

2. The government introduced the Local Government (Auckland Council) (Transport Governance) Amendment Bill on 5 September 2025. The Bill had its first reading on 16 September and was referred to the Transport and Infrastructure Select Committee. At the time of writing, the select committee had not decided on the closing date for submissions.

3. The Bill seeks to reform transport governance and planning arrangements in Tāmaki Makaurau Auckland and provide for a stronger, more integrated governance and transport planning framework.

4. Reform is intended to ensure democratic accountability for transport decision-making in Auckland and strengthen the role of the government and Auckland Council in long-term, integrated transport planning. Overall, the Bill’s provisions generally align with council’s previous directions and decisions.

5. The Bill proposes:

· Auckland Council will be the Road Controlling Authority for Auckland, and most transport responsibilities will be transferred to Auckland Council

· a transport council-controlled organisation with a focus on providing public transport services

· establishment of a new Auckland Regional Transport Committee (ARTC) with members appointed by the Mayor and the Minister of Transport, with a jointly appointed independent chair

· the ARTC is responsible for preparing a 30-year transport plan for approval by Auckland Council and the Minister of Transport, with legal weight

· the ARTC is responsible for preparing the Regional Land Transport Plan for Auckland Council’s approval

· Auckland Council is responsible for all other regional transport plans and policies.

6. Auckland Council supports legislative change and strategic planning and policy functions being transferred from Auckland Transport to the council. They will enable long-term strategic alignment between Crown and Council through a single 30-year plan, improve coordination and optimisation of planning and funding decisions, and restore democratic accountability for local transport. They are a foundation for further positive changes. The report highlights points for consideration in the development of Auckland Council’s submission.

7. Staff will finalise the submission based on the direction given at the Governing Body meeting. The report requests a delegation to the Mayor and Deputy Mayor, the Chair and Deputy Chair of the Transport, Infrastructure and Resilience Committee, and a member of Houkura / Independent Māori Statutory Board to approve Auckland Council’s submission.

Ngā tūtohunga

Recommendations

That the Governing Body:

a) whakaae / agree Auckland Council’s emerging positions, as identified in Table 1 of the report, to form the council’s submission on the Local Government (Auckland Council) (Transport Governance) Amendment Bill

b) tautapa / delegate to the Mayor and Deputy Mayor, the Chair and Deputy Chair of the Transport, Infrastructure and Resilience Committee, and a member of Houkura / Independent Māori Statutory Board authority to approve the council’s submission

c) tautapa / delegate to the Mayor or their representative/s the authority to speak to the submission on behalf of the Governing Body at the Transport and Infrastructure Select Committee

Horopaki

Context

8. The government introduced the Local Government (Auckland Council) (Transport Governance) Amendment Bill on 5 September 2025. The Bill had its first reading on 16 September and was referred to the Transport and Infrastructure Select Committee. The closing date for submissions on the Bill was unknown at the time of writing.

9. The Bill seeks to reform transport governance and planning arrangements in Tāmaki Makaurau Auckland by returning decision-making power to elected representatives and enabling Aucklanders to directly influence transport policies. The legislation seeks to:

· ensure democratic accountability for transport decision-making in Auckland

· strengthen the role of the government and Auckland Council in long-term, integrated transport planning.

10. The Bill proposes:

· Auckland Council will be the Road Controlling Authority (RCA) for Auckland, noting that both the Governing Body and local boards will perform RCA functions

· to retain a transport council-controlled organisation (CCO) with a focus on providing public transport services within Auckland, with Auckland Council responsible for all other transport functions

· establishment of a new Auckland Regional Transport Committee (ARTC) with up to three members appointed by the Mayor in consultation with the Governing Body (who must be members of the Governing Body) and up to three members appointed by the Crown, with a jointly appointed independent chair

· the ARTC is responsible for preparing a 30-year transport plan, for approval by Auckland Council and the Minister of Transport

· the ARTC is responsible for preparing the Regional Land Transport Plan (RLTP) for Auckland Council’s approval

· Auckland Council is responsible for all other regional transport plans and policies.

Previous council decisions

11. In August 2023, the Transport and Infrastructure Committee unanimously resolved to support legislative change that, at a high level, provides for:

· joint decision-making between Auckland Council and the Crown on a long-term, integrated transport plan for Auckland, and on the funding and implementation of that plan

· Auckland Council to have the lead role in preparing and approving the Regional Land Transport Plan (RLTP), which sets the direction for transport and the allocation of funding in support of that direction

· Auckland Council to be able to make other key regulatory decisions about the Auckland transport system, including setting parking fines.

12. In addition, the Governing Body requested the Mayor advocate for legislative change giving effect to the above to be a priority for the incoming government.

13. In September 2024, the Cabinet Economic Policy Committee agreed that the Minister of Transport would consult with the Mayor of Auckland on a proposal for transport governance reform in Auckland [ECO-24-MIN-0217].

14. Since these decisions, staff have been developing the transport reform work programme with work underway to prepare for change and identify opportunities ahead of legislation.

15. On 26 June 2025, the Governing Body considered opportunities ahead of transport legislative reform. It agreed to accept the delegation approved by the Auckland Transport Board on 24 June 2025 to transfer some strategy and policy functions from Auckland Transport to the council [GB/2025/93].

16. The Policy and Planning Committee approved the preparation of a submission on the reform of Auckland transport governance on 14 August 2025 [PEPCC/2025/112].

17. A Governing Body workshop was held on the 10 September to seek direction on potential themes for the council's submission on the Bill.

18. Local boards and mana whenua have been invited to provide input to the council’s submission. Further evidence and supporting positions were obtained from subject matter experts across the council group, including Auckland Transport.

19. Staff recommend that the Governing Body agree the council’s position on the Bill and delegate authority to the Mayor and Deputy Mayor, the Chair and Deputy Chair of the Transport, Infrastructure and Resilience Committee, and a member of Houkura / Independent Māori Statutory Board to approve and sign off the final submission. If the submission needs to be approved in the period following the election, then it will be approved by the Chief Executive [in accordance with resolution GB/2025/115].

Tātaritanga me ngā tohutohu

Analysis and advice

20. The Bill provides for a stronger, more integrated governance and transport planning framework. The framework is intended to better align the transport priorities of Auckland Council and the government in a 30-year plan.

21. The Bill’s provisions can be grouped into four areas:

· changes to the strategic planning framework and governance framework for Auckland (e.g. the ARTC and 30-year transport plan)

· changes to Auckland Council’s transport functions and powers

· a new transport CCO – statutory purpose, powers and functions

· transitional provisions.

22. The proposed framework summary is shown in Figure 1 with key changes in yellow.

A diagram of a company

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Figure 1. Proposed transport planning and governance framework

23. Auckland Council supports legislative change and the strategic planning and policy functions being transferred from Auckland Transport to the council.

24. The positions in the table below highlight points for consideration in the development of Auckland Council’s submission.

Proposal	Emerging Positions
Strategic planning framework
Establish an ARTC as a statutory joint government and Auckland Council committee responsible for strategic transport planning. Membership will comprise equal representation from Auckland Council Governing Body, Ministerial appointees (up to three voting members each) and a non-voting member from the New Zealand Transport Agency (NZTA), KiwiRail and the transport CCO; an independent chair jointly appointed by the Mayor and Minister will have the casting vote. Auckland Council may delegate any of its strategic responsibilities, duties, functions, or powers that relate to land transport in Auckland to the ARTC following consultation with the Minister.	· Support establishment of the ARTC and membership. · Support the provision for council to delegate any other strategic functions to the ARTC.
The ARTC will be responsible for preparing a 30-year transport plan for Auckland for approval by the Minister of Transport and Auckland Council. The purpose of the plan is to provide direction for the development of land transport in Auckland, aligning the priorities of the government and Auckland Council, and setting the strategic direction for planning, funding and investment. The ARTC must review and replace the plan within six years or by any earlier date specified by the Minister of Transport and the Mayor. Auckland Council must take the 30-year transport plan into account when preparing any relevant plans or policies. The government is required to consider the 30-year plan as part of its transport planning and funding processes including the Government Policy Statement on Land Transport and the National Land Transport Programme.	· Support requirement for 30-year transport plan and its purpose. · Support joint approval by the Minister of Transport and Auckland Council. · Support the six-year review period and flexibility to review the plan earlier if required. · Support the provision that the government is required to take into account the 30-year plan as part of its transport planning and funding processes including the Government Policy Statement on Land Transport and the National Land Transport Programme.
Auckland Council’s transport powers and functions
Local boards will be allocated specific transport decision-making functions in legislation that will apply to local and collector roads including setting speed limits, closing roads for events, managing parking and creating cycleways. Arterial roads, and roads in the city centre, will be the responsibility of the Governing Body.	· Support in principle local boards having greater transport decision-making. · Do not support provisions that prescribe the allocation of council’s transport responsibilities to local boards. · Recommend the Bill relies on existing principles and processes set out in the Local Government (Auckland Council) Act 2009 (LGACA) to allocate responsibilities (i.e. the appropriate allocation is determined by the Governing Body taking into account the views and preferences of local boards).
The Regional Land Transport Plan (RLTP) is prepared by the ARTC and approved by Auckland Council. ARTC must have regard to the Auckland Council’s transport policy statement and the LTP. The RLTP must be consistent with the 30-year transport plan.	· Support approval of the RLTP by Auckland Council. · Support the requirement for the ARTC to have regard to council’s transport policy statement when preparing the RLTP.
Auckland Council is the Auckland Road Controlling Authority (RCA). The Governing Body and local boards must consider certain matters when exercising powers including being satisfied that decision-making does not “unreasonably interrupt” the transport of freight and frequently running public transport networks.	· Support Auckland Council being the RCA. · Support in principle a requirement for the council to consider impacts on freight and public transport services when making decisions; but recommend review of provision to ensure the standard applied is not too onerous or imposing an excessive procedural burden.
Transfers most transport functions from Auckland Transport to Auckland Council including the power to make bylaws under the Land Transport Act 1998. The Governing Body and each local board must agree to the making of a new bylaw. The Governing Body can make a bylaw if the majority of local boards agree to it and any dissenting local boards have unreasonably withheld their agreement.	· Support the shift of transport functions from Auckland Transport to Auckland Council. · Do not support approval process to make a new transport bylaw. · Recommend that responsibility for making bylaws under the Land Transport Act 1998 sits with the Governing Body, with input from Local Boards as provided for under LGACA, as is the case with all other bylaws.
Auckland Council may delegate any of its responsibilities, duties, functions and powers to the transport CCO subject to approval by the Minister of Transport.	· Support Auckland Council being able to delegate additional responsibilities to the transport CCO when consistent with the purpose of the CCO. · Do not support Ministerial approval requirement for these delegations.
Auckland Council must develop an Auckland Roading Classification Framework. The Minister of Transport must approve the Auckland Roading Classification Framework or any variations.	· Support the council developing an Auckland Roading Classification Framework · Do not support Ministerial approval of the Auckland Roading Classification Framework.
Transport CCO
Continuation of a statutory transport CCO. The primary function of the transport CCO is to provide public transport services within Auckland. Auckland Council may delegate any of its responsibilities, duties, functions and powers to the transport CCO with the approval of the Minister of Transport.	· Do not support the continuation of a statutory CCO · Support a more narrowly focused transport CCO. · Recommend confirming that the income tax status of the CCO and council group remain unchanged · Do not support the requirement for Ministerial approval of Auckland Council delegations to the transport CCO. · Recommend that delegations must be consistent with purpose of the CCO. · Recommend that Auckland Council consult the Minister on delegations to the transport CCO.
Transition provisions
Transitional provisions that provide for appointment of a transition director responsible for developing a detailed transition plan to be approved by the Governing Body.	· Do not support the Governing Body approving people / operational elements as this is the role of the council’s Chief Executive. · Recommend the governing body approves the governance elements of the transitional plan (i.e. not people / operational elements). · Recommend that the transition plan outlines clearly what will be achieved and in what timeframes. · Recommend additional provisions to support implementation e.g. around transfer of assets, contracts, etc.
Transition timeframe - anticipates a six-month transition period.	· Support the concept of transition provisions. · Recommend greater flexibility on some key aspects (e.g. the requirement for all transport policies and plans to be reviewed and adopted by the end of the transition period and organisational / structural change). · Recommend providing clarity that changes required as part of transition are not subject to Local Government Act 2002 consultation and decision-making requirements such as the need for long-term plan amendments. · Do not support three-member limit on interim transport CCO board due to complexity and breadth of decisions required. · Recommend council can use discretion when appointing interim board members with no more than 5 members.

Proposal

Emerging Positions

Strategic planning framework

Establish an ARTC as a statutory joint government and Auckland Council committee responsible for strategic transport planning.

Membership will comprise equal representation from Auckland Council Governing Body, Ministerial appointees (up to three voting members each) and a non-voting member from the New Zealand Transport Agency (NZTA), KiwiRail and the transport CCO; an independent chair jointly appointed by the Mayor and Minister will have the casting vote.

Auckland Council may delegate any of its strategic responsibilities, duties, functions, or powers that relate to land transport in Auckland to the ARTC following consultation with the Minister.

· Support establishment of the ARTC and membership.

· Support the provision for council to delegate any other strategic functions to the ARTC.

The ARTC will be responsible for preparing a 30-year transport plan for Auckland for approval by the Minister of Transport and Auckland Council.

The purpose of the plan is to provide direction for the development of land transport in Auckland, aligning the priorities of the government and Auckland Council, and setting the strategic direction for planning, funding and investment.

The ARTC must review and replace the plan within six years or by any earlier date specified by the Minister of Transport and the Mayor.

Auckland Council must take the 30-year transport plan into account when preparing any relevant plans or policies.

The government is required to consider the 30-year plan as part of its transport planning and funding processes including the Government Policy Statement on Land Transport and the National Land Transport Programme.

· Support requirement for 30-year transport plan and its purpose.

· Support joint approval by the Minister of Transport and Auckland Council.

· Support the six-year review period and flexibility to review the plan earlier if required.

· Support the provision that the government is required to take into account the 30-year plan as part of its transport planning and funding processes including the Government Policy Statement on Land Transport and the National Land Transport Programme.

Auckland Council’s transport powers and functions

Local boards will be allocated specific transport decision-making functions in legislation that will apply to local and collector roads including setting speed limits, closing roads for events, managing parking and creating cycleways. Arterial roads, and roads in the city centre, will be the responsibility of the Governing Body.

· Support in principle local boards having greater transport decision-making.

· Do not support provisions that prescribe the allocation of council’s transport responsibilities to local boards.

· Recommend the Bill relies on existing principles and processes set out in the Local Government (Auckland Council) Act 2009 (LGACA) to allocate responsibilities (i.e. the appropriate allocation is determined by the Governing Body taking into account the views and preferences of local boards).

The Regional Land Transport Plan (RLTP) is prepared by the ARTC and approved by Auckland Council. ARTC must have regard to the Auckland Council’s transport policy statement and the LTP.

The RLTP must be consistent with the 30-year transport plan.

· Support approval of the RLTP by Auckland Council.

· Support the requirement for the ARTC to have regard to council’s transport policy statement when preparing the RLTP.

Auckland Council is the Auckland Road Controlling Authority (RCA).

The Governing Body and local boards must consider certain matters when exercising powers including being satisfied that decision-making does not “unreasonably interrupt” the transport of freight and frequently running public transport networks.

· Support Auckland Council being the RCA.

· Support in principle a requirement for the council to consider impacts on freight and public transport services when making decisions; but recommend review of provision to ensure the standard applied is not too onerous or imposing an excessive procedural burden.

Transfers most transport functions from Auckland Transport to Auckland Council including the power to make bylaws under the Land Transport Act 1998.

The Governing Body and each local board must agree to the making of a new bylaw.

The Governing Body can make a bylaw if the majority of local boards agree to it and any dissenting local boards have unreasonably withheld their agreement.

· Support the shift of transport functions from Auckland Transport to Auckland Council.

· Do not support approval process to make a new transport bylaw.

· Recommend that responsibility for making bylaws under the Land Transport Act 1998 sits with the Governing Body, with input from Local Boards as provided for under LGACA, as is the case with all other bylaws.

Auckland Council may delegate any of its responsibilities, duties, functions and powers to the transport CCO subject to approval by the Minister of Transport.

· Support Auckland Council being able to delegate additional responsibilities to the transport CCO when consistent with the purpose of the CCO.

· Do not support Ministerial approval requirement for these delegations.

Auckland Council must develop an Auckland Roading Classification Framework.

The Minister of Transport must approve the Auckland Roading Classification Framework or any variations.

· Support the council developing an Auckland Roading Classification Framework

· Do not support Ministerial approval of the Auckland Roading Classification Framework.

Transport CCO

Continuation of a statutory transport CCO.

The primary function of the transport CCO is to provide public transport services within Auckland.

Auckland Council may delegate any of its responsibilities, duties, functions and powers to the transport CCO with the approval of the Minister of Transport.

· Do not support the continuation of a statutory CCO

· Support a more narrowly focused transport CCO.

· Recommend confirming that the income tax status of the CCO and council group remain unchanged

· Do not support the requirement for Ministerial approval of Auckland Council delegations to the transport CCO.

· Recommend that delegations must be consistent with purpose of the CCO.

· Recommend that Auckland Council consult the Minister on delegations to the transport CCO.

Transition provisions

Transitional provisions that provide for appointment of a transition director responsible for developing a detailed transition plan to be approved by the Governing Body.

· Do not support the Governing Body approving people / operational elements as this is the role of the council’s Chief Executive.

· Recommend the governing body approves the governance elements of the transitional plan (i.e. not people / operational elements).

· Recommend that the transition plan outlines clearly what will be achieved and in what timeframes.

· Recommend additional provisions to support implementation e.g. around transfer of assets, contracts, etc.

Transition timeframe - anticipates a six-month transition period.

· Support the concept of transition provisions.

· Recommend greater flexibility on some key aspects (e.g. the requirement for all transport policies and plans to be reviewed and adopted by the end of the transition period and organisational / structural change).

· Recommend providing clarity that changes required as part of transition are not subject to Local Government Act 2002 consultation and decision-making requirements such as the need for long-term plan amendments.

· Do not support three-member limit on interim transport CCO board due to complexity and breadth of decisions required.

· Recommend council can use discretion when appointing interim board members with no more than 5 members.

Table 1. Emerging Positions

25. Staff are continuing to undertake detailed analysis of the implications of the Bill. Further analysis will inform the final submission.

Climate impact statement

26. Providing direction on a submission to a Bill is neutral in terms of climate change impacts.

27. Transport emissions remain the largest contributor to Auckland’s greenhouse gas emissions (47%), largely from on-road transport. Reducing transport emissions is critical to Auckland achieving its target of halving emissions by 2030 and reaching net zero emissions by 2050 as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan.

28. Meeting the council’s emissions reduction goals will require systemic and sustained action over time, especially in the transport sector.

29. The return of decision-making to elected representatives strengthens the alignment of transport planning to the council’s existing commitments, provides for more integrated planning for transport and land use, and provides opportunities for Aucklanders to directly influence transport policies.

Council group impacts and views

30. Feedback to assist in the development of the council submission was sought from subject matter experts across the council group. Auckland Transport’s feedback will be incorporated in the submission.

Financial implications

31. There are no financial implications from preparing and approving a submission, as this is a budgeted activity.

32. The Bill seeks to optimise joint Auckland Council and government funding, reduce current inefficient and duplicative processes across agencies, and provide more certainty on investment priorities and other interventions.

33. Further analysis of the financial implications of the Bill will be undertaken by staff as part of the process of finalising the council’s submission and in transition planning.

34. Risks and mitigationsFinancial and legal expertise is informing the ongoing development of the submission including the identification of potential financial, legal and reputational risks to the council associated with the Bill.

35. Transitional provisions included in the Bill are intended to mitigate against the risk of disruption to the delivery of transport services.

36. Making a submission is intended to help to mitigate risks that may arise from the Bill by allowing the council to advocate for changes to the Bill that would address those risks.

Tauākī whakaaweawe Māori

Māori impact statement

37. The Bill includes proposals that are likely to have an impact on Māori. Equitable access to transport services across Tāmaki Makaurau is important for Māori.

38. The Schedule of Issues of Significance to Māori highlights the importance of providing opportunities for Māori to actively and meaningfully contribute to decision-making on future infrastructure projects including transport. The review of policies and plans should build on Te Aranga Māori urban design principles, reflected in existing Auckland Transport policy frameworks.

39. The Bill requires that the ARTC establish and maintain processes to provide opportunities for Māori to contribute to the development and preparation of the 30-year transport plan for Auckland. It must also consult Māori on the proposed plan.

40. In addition, the new transport CCO must establish and maintain processes for Māori to contribute to its decision-making processes. These provisions are supported.

41. Further analysis of the implications of the Bill for Māori will be undertaken by staff as part of the process of finalising the council’s submission.

42. A communication on the Bill was sent to all iwi entities and their feedback sought, recognising that iwi entities may prefer to make their own submissions. Houkura – Independent Māori Statutory Board secretariat staff participated in the development of the council’s submission.

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

Local impacts and local board views

43. The Bill includes proposals that are likely to have an impact on the activities of local boards. These include specific transport decision-making functions allocated to local boards in legislation that will apply to local and collector roads.

44. Further analysis of the implications of the Bill for local boards will be undertaken by staff as part of the process of finalising the council’s submission.

45. Local board views were sought and are appended to this report and will be appended to the final submission.

Ngā koringa ā-muri

Next steps

46. Staff will finalise the submission based on the direction given at the Governing Body meeting, incorporating feedback provided by council group staff, local boards, and mana whenua.

47. The Mayor and Deputy Mayor, the Chair and Deputy Chair of the Transport, Infrastructure and Resilience Committee, and a member of Houkura / Independent Māori Statutory Board will approve and sign-off Auckland Council’s submission on the Bill.

48. The Bill is expected to be enacted in early 2026, with the new arrangements expected to be in place by approximately September 2026.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Local board feedback on the Local Government (Auckland Council) (Transport Governance) Amendment Bill – Will be circulated prior to the meeting

Ngā kaihaina

Signatories

Author

Karryn Kirk - Principal Strategic Advisor

Authorisers

Megan Tyler - Director Policy, Planning and Governance

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Governance arrangements in preparation for transport reform legislation

File No.: CP2025/19160

Te take mō te pūrongo

Purpose of the report

1. To:

i) adopt interim operating rules for Auckland Transport for the period leading up to the transition to new transport governance arrangements; and

ii) approve the process, criteria and base remuneration for appointing three interim directors to the board of the new transport CCO.

Whakarāpopototanga matua

Executive summary

2. The Local Government (Auckland Council) (Transport Governance) Amendment Bill passed its first reading on 16 September 2025. It repeals the legislation that established Auckland Transport and re-establishes a statutory transport council-controlled organisation (CCO) with a primary role to deliver public transport services. Most other transport functions currently performed by Auckland Transport are proposed to transfer to Auckland Council.

3. A separate report on this agenda covers Auckland Council’s submission on the Bill.

4. The reform process can be understood in three phases:

· Pre-enactment (current phase): Existing arrangements continue apart from approved “early opportunity” changes. Council and AT are preparing for transition.

· Post-enactment transition period (formal transition period): AT becomes the new transport CCO but retains most existing functions. Some planning and regulatory functions are transferred to council. A three-member interim board, appointed by council, will govern the entity.

· Post-transition (future state): Most transport functions transfer to council. The transport CCO will be primarily responsible for public transport services and any other delegated functions, and governed by a new board of up to five members.

5. The reform requires significant change for both AT and Auckland Council. This change will be managed carefully, led by the council with a strong level of collaboration with AT, and with continuity of service a paramount priority.

6. To provide stability and clear expectations during the pre-transition phase, this report recommends adoption of interim operating rules. These are framed as good-practice guardrails: allowing day-to-day decision-making to continue while requiring consultation on material matters that could affect the transition or future responsibilities.

7. The report also seeks approval of the criteria and process for appointing the interim board. Given local elections and the holiday period, a candidate search should begin in November 2025, with appointments confirmed in early 2026 under the council’s Appointments Policy. Interim directors are recommended to receive the current Auckland Transport board base rate of $56,160 per annum, with a broader review of CCO board fees scheduled for 2026.

8. These decisions will provide clarity for staff and stakeholders, strengthen governance through transition, and emphasise the importance of maintaining and improving high-quality transport services for Aucklanders.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whakaae / approve the operating rules set out in paragraph 31 of this report.

b) whakaae / approve the criteria for appointing the interim board of the transport CCO as set out in Attachment A.

c) whakaae / approve that interim directors receive a base fee of $56,160 per annum, consistent with current Auckland Transport board remuneration, noting a substantive review of CCO board fees is scheduled for 2026.

d) tuhi tīpoka / note that staff will begin a candidate search in November 2025 and report back after the 2025 local elections to confirm the selection panel and consider short-listed candidates

Horopaki

Context

Local Government (Auckland Council) (Transport Governance) Amendment Bill

9. The Local Government (Auckland Council) (Transport Governance) Amendment Bill was introduced to Parliament on 5 September 2025 and passed its first reading on 16 September 2025.

10. The Bill seeks to improve the transport system in Auckland by strengthening transport governance and planning arrangements. It repeals the provisions that established Auckland Transport and re-establishes a statutory transport CCO. The transport CCO’s primary role will be delivery of public transport services, while most other transport functions currently performed by Auckland Transport are proposed to transfer to Auckland Council.

11. The reform can be understood in three phases, set out below.

Pre-enactment (current phase)

12. Council and Auckland Transport prepare for the changes. Some early opportunity changes already underway, but otherwise existing arrangements continue.

Post-enactment transition period (formal transition period)

13. The transition period commences on the date the amendment Act comes into force and is for a period of six months or an earlier date if Auckland Council directs.

14. During this phase, Auckland Council and the transport CCO’s powers and functions change, including the governance of the transport CCO:

· Council’s functions: Auckland Council becomes responsible for regional transport planning, making bylaws, and has status as a requiring authority

· Transport CCO functions: Auckland Transport becomes the transport CCO, but retains all other functions that Auckland Transport currently has.

· Transport CCO interim board:

o The tenures of all current Auckland Transport board members’ end.

o An interim board with three members becomes responsible for the governance of the transport CCO and ensuring that the transport CCO performs its functions and powers, and complies with the direction provided by Auckland Council. This may include members of the current Auckland Transport board.

· Transition director: A transition director is appointed by Auckland Council’s chief executive to prepare the transition plan and the transition strategy, including relating to employment matters.

Post-transition (future state)

15. Six months from commencement, or earlier if the transfer of functions is complete:

· Council’s functions: Most transport functions are transferred to Auckland Council.

· Transport CCO functions: The transport CCO will have responsibility for Auckland’s public transport services, as well as any other functions delegated to it.

· Transport CCO board:

o The terms of the interim board members will end.

o The transport CCO will be governed by a board with up to five members appointed by the council. This may include the appointment of members of the interim board.

· Staff, assets and contracts: On or before the transition date, there will be a transfer of staff, assets and contracts into the new structure.

Previous council direction on transition process

16. Earlier this year, the Governing Body provided shareholder feedback to Auckland Transport through the Letter of Expectation (February 2025) and its Draft Statement of Intent (May 2025). That feedback asked Auckland Transport to:

· work with council to prepare for and enable legislative reform

· ensure communications and engagement about reform are directed through Auckland Council

· commit to providing timely and open access to information to support the transition

· agree with council on any updates or new work on strategic, policy, and planning documents as part of the reform programme.

17. In June 2025, the Governing Body also endorsed several “early opportunities” to be implemented pre-legislation as positive interim steps, and these are underway:

· transfer of some strategy and policy functions from AT to council

· development of a joint work programme for AT and council strategy, policy and planning functions

· appointment of two Auckland Council staff members on to the Auckland Transport Traffic Control Committee

Our board appointments policy and process

18. The current Auckland Transport board has eight members, including Councillors Darby and Williamson. The terms of the Councillor directors end on 13 November 2025.

19. The current Auckland Transport board will be replaced by an interim board with three members. This interim board will become responsible for the governance of the transport CCO. This report deals with the appointment of the three members of the interim board.

20. Under section 57 of the Local Government Act 2002, the council must make appointments to boards in line with a policy that sets out an objective and transparent process for making appointments and determining remuneration. The council’s policy for board appointments is the Appointments and Remuneration Policy for Board Members of Council Organisations (the Appointments Policy).

21. The Appointments Policy sets out a process for board appointments. Key roles in the process are a committee of the Governing Body with responsibility for board appointments and a selection panel established by the responsible committee. The process is summarised in Figure 1 below:

Figure 1: General process for making board appointments

22. Selection panel memberships are as follows:

· up to two members of the Governing Body

· the mayor, or their representative

· a member of Houkura Independent Māori Statutory Board

· the chief executive of Auckland Council, or their representative.

· the chair of the CCO (as the transport CCO is a new entity, this will not apply to the appointment of the interim board).

Tātaritanga me ngā tohutohu

Analysis and advice

Importance of clear and effective governance and guardrails through transition

23. Clear and effective governance will be essential to successfully navigating the upcoming transition, including managing risk, avoiding misunderstandings, and maintaining delivery as transport reforms progress. In major transitions, it is also good practice to adopt sensible “guardrails” to ensure day-to-day operations continue while major or sensitive decisions are subject to appropriate oversight.

24. The Bill establishes a framework for governance during the formal transition period. However, it is important to provide clarity earlier, in the pre-enactment phase, for both the current AT Board and staff.

25. To minimise risks of misunderstanding, duplication, or inefficiency, staff recommend the establishment of interim operating rules. These are intended as good-practice guidance: practical steps for AT and sensible due diligence for the Governing Body. They are not intended to be overly prescriptive, but to give both parties clear expectations and a consistent basis for decision-making during this preparatory phase.

Operating rules

26. Section 49 of the Local Government (Auckland Council) Act 2009 enables the council to adopt operating rules for Auckland Transport:

(1) The Auckland Council may make rules by which Auckland Transport must operate, including rules in relation to -

(a) how the governing body of Auckland Transport must operate

(b) how Auckland Transport must appoint and employ staff (including its chief executive)

(c) how Auckland Transport must acquire and dispose of significant assets.

27. The Bill retains this provision and extends it to the new transport CCO. Staff have assessed available governance mechanisms and consider this to be the appropriate mechanism for adopting interim operating rules for AT through the transition period.

28. Operating rules supplement the council’s wider shareholder powers, providing clarity about procedures and expectations, and signaling strong oversight during a period of significant organisational change. Given the unique nature of the transport reforms, staff recommend additional guidance tailored to the transition.

29. The proposed rules would aim to:

· confirm Auckland Transport’s role in continuing to deliver services and maintain stability for Aucklanders

· provide a clear basis for consultation with council on major or sensitive matters that may affect the transition

· ensure alignment of decisions with the reform programme and future governance arrangements.

Proposed interim operating rules

30. It is recommended that the Governing Body adopt the following operating rules to govern Auckland Transport’s approach to the transition process:

Preamble – working together on transition

Auckland Council and Auckland Transport share a clear, common commitment to deliver the transition in a way that improves transport outcomes for Aucklanders, respects and supports staff and stakeholders, and improves public confidence in the system.

These rules are intended as good-practice guardrails to support that shared purpose, ensuring a constructive, collaborative, and transparent relationship. They respect the AT Board’s statutory responsibilities and the council’s leadership roles in the transition, while providing additional clarity and oversight to ensure decisions align with the transition process and the public interest.

1. Keep services running

AT should continue the effective, efficient, and safe delivery of services in the public interest and in accordance with its Statement of Intent.

The AT Board should continue to make decisions within its remit necessary to maintain and improve current services, safeguard future service delivery, and carry out its statutory functions.

This should be done consistently with the usual shareholder expectations (including the “no surprises” principle and compliance with the Statement of Intent), and subject to the additional guardrails in these interim operating rules.

2. Check in before material decisions

AT should consult with the Auckland Council Chief Executive before taking any material decision that could impact on the transition or future service delivery.

This is particularly important where a decision may materially constrain or affect:

· powers or responsibilities that are expected to transfer to council;

· the financial position of council or the transport CCO (including assets or liabilities that will transfer to the council)

· the ability of council or the transport CCO to deliver services in future

Examples include:

a) Material staffing changes, including key leadership appointments, or any significant restructures or changes to terms and conditions for staff. The mayor should be consulted on any changes relating to the Chief Executive.

b) Major financial decisions, including major procurement or contracts, leases, significant capital commitments, material disposals, acquisitions of assets, or new strategic initiatives.

c) Decisions to develop, adopt or extend platforms, systems or technology, particularly relating to functions which may transfer to council or be incorporated into Group Shared Services in future.

Council’s Chief Executive may set out further guidance about the application of this principles, such as the materiality thresholds and processes for consultation.

AT should also continue to apply the “no surprises” principle in its relationship with Auckland Council, keeping the Governing Body and Chief Executive informed of any sensitive or significant matters.

3. Share information and expertise

AT should promptly make information and systems available to support the transition process, including establishing a shared “data-room” for any information required to support the transition (such as financial, employee and contract information).

AT should also make expertise and staff time available to support the transition process, including for preparatory work before the legislation takes effect. Wherever possible, joint instruction of internal or external advisers (e.g. legal, financial, technical) should be used to ensure alignment.

Confidential or sensitive board papers should be shared with the Auckland Council Chief Executive if requested, subject to reasonable safeguards.

4. Work together on strategies and policies

AT should not start or adopt new strategies or policies relating to transport planning, regulation or delivery without agreement from Auckland Council. Instead, it should work jointly with council on the agreed joint programme.

5. Speak with one voice

AT should contribute to Auckland Council’s submission on the Transport Governance Bill so there is a single submission to Parliament, informed by AT’s expertise. AT (including in its role as the Regional Transport Committee) should not make a separate submission.

6. Consider governance settings

AT Board should consider its governance and delegation arrangements, including the subcommittee structure and Chief Executive delegations, to ensure they are aligned with these principles and provide for appropriate transparency and oversight during transition.

Other governance considerations, including board appointments to the interim transport CCO board

31. The transport reform will also require updates to several governance documents, including the CCO Accountability Policy (part of the Long-term Plan), the Significance and Engagement Policy, and Auckland Transport’s Statement of Intent. Staff will bring these forward for Governing Body consideration in the new term to ensure alignment with the new governance framework.

32. In addition, Letters of Expectation for CCOs will be considered in November or December 2025. This provides an opportunity to signal further guidance and expectations for Auckland Transport during the pre-enactment phase, as well as for the new transport CCO once established.

33. The Bill provides for council to appoint three interim directors to the board of the transport CCO on or following commencement. Their role will be to ensure the CCO operates effectively during the transition and complies with council direction.

34. The interim directors’ term will end at the conclusion of the transition period. Members may be considered for reappointment to the subsequent board of up to five members, but this would be a separate appointment decision under the Appointments Policy.

35. To ensure continuity and avoid delay, it is recommended that a candidate search commence in November 2025, with decisions on the appointment panel and shortlisting to follow the 2025 local elections. This approach mitigates two timing constraints:

· the local election period, which limits availability of elected members for appointment processes; and

· the holiday period, which reduces the ability to engage with potential candidates.

36. The anticipated appointment timeline is set out in Table 1 below.

Table 1: Proposed timeline for appointment of the interim transport CCO board

Date	Actions
25 September 2025	· Governing Body approval of criteria for selecting the transition board of the transport CCO
October - November 2025	· Search for candidates
December 2025	· A selection panel is established by the committee responsible for board appointments · The selection panel considers the long-list of candidates and recommends a short-list of candidates to the committee
February 2026	· The short-list of candidates is approved by the committee responsible for board appointments · Candidates are interviewed by the selection panel and the selection panel makes a recommendation on appointments
March 2026	· The committee responsible for board appointments considers the recommendations of the selection panel and makes appointments.

The role of the transitional board and proposed board member selection criteria

37. Clause 9(2) of the Bill describes the role of the interim board of the transport CCO as follows:

“During the transitional period, the interim board must—

(a) ensure that the transition from the old Act to the new Act is efficient and effective; and

(b) ensure that the transport CCO performs its functions and exercises its powers in accordance with clause 7; and

(c) comply with a direction by the Auckland Council under this Act, including under clause 7(2).”

38. At commencement, the new transport CCO will retain most of Auckland Transport’s current functions. These include (but are not limited to) maintenance of roads, footpaths and cycleways, enforcement activities, harbourmaster, and road safety programmes. During the transitional period, the interim board will therefore need to:

· ensure continuity of operations across a broad range of transport services;

· oversee preparatory work to transfer functions, assets, staff, and contracts to council; and

· work closely with Auckland Council to align decisions with the transition programme and its objectives.

39. In practice, this will require the interim board to balance day-to-day oversight of public transport delivery with active stewardship of the transition process. Staff recommend that through the appointment process, consideration is given to a level of continuity between the Auckland Transport board, the interim board, and the post-transition board of the new transport CCO.

40. The Appointments Policy includes the core competencies expected of all directors appointed to a CCO board. When initiating an appointment process, council approves a set of additional criteria that are appropriate to the specific CCO and the skills needs of that board. The core competencies of directors of substantive CCOs:

· [have] extensive and relevant experience of industries and customers relevant to the operations of the council-controlled organisation

· [have] a passion for Auckland, understanding of the CCO’s customers and commitment to improving outcomes for Aucklanders

· uphold the principles of the Treaty of Waitangi, readiness to promote improved outcomes for Māori and knowledge of Te Ao Māori and established Māori networks

· demonstrate appropriate accountability and responsiveness to the Governing Body and the public and a commitment to public sector ethos and collaboration across the council-controlled organisation family

· demonstrate financial accountability with close review of current and proposed activities to deliver value for money

· [have] commitment to integrate the council’s climate action plans into the strategies and operations of the council-controlled organisations

· drive appropriate leadership and cultural response to deliver the required outcomes and to harness the benefits of diversity.

41. In addition to these core competencies, specific criteria are proposed for the appointments to the interim transport CCO board. These are listed below with further explanation noted in Attachment A.

Table 2: Specific criteria for members of the transport CCO board

Priority skills and experience for the interim transport CCO board	Other skills sought for the interim and full transport CCO board
· change management, establishment of an organisation or business, leading through significant change	· customer experience
· understanding of Auckland’s transport governance and context	· health and safety
· public transport leadership	· tikanga Māori
· financial and commercial leadership	· climate response
· chair experience

42. The criteria for the transport CCO board do not necessarily need to be held by all board members but should be represented on the board as a whole.

Board remuneration

43. The council sets board fees in line with the Appointments Policy and a remuneration framework, which sets CCOs into bands that reflect the scale and complexity of each CCO. Auckland Transport is classified as a ‘Band One’ CCO (the highest band) under this framework, with annual base remuneration for directors of $56,160 per annum [PACCC/2024/63]. The next review of board fees is due in 2026.

44. The Appointments Policy also allows for a temporary increase in board remuneration where a period of increased workload is anticipated. Given the nature of the transition, this provision may be relevant.

45. To support informed engagement with potential candidates, approval of director fees for the transport CCO is sought ahead of the candidate search.

46. It is recommended that interim board members be remunerated at the same level as current Auckland Transport directors, as the scope of responsibilities during the transition is expected to be comparable. However, given the smaller board size and the additional demands associated with the transition, the council may wish to consider a temporary uplift in fees. Further advice on this option will be provided to the relevant committee following the election.

Climate impact statement

47. This report does not seek any decisions that would impact climate or would be impacted by climate change.

Council group impacts and views

48. The transport reform is part of the broader CCO reform programme of work.

Financial implications

49. There are no financial implications for establishing operating rules for Auckland Transport.

50. Costs associated with the appointment process are met with existing budgets.

51. Budget for the remuneration of interim board members has not been specifically identified, but costs will be offset by the conclusion of existing Auckland Transport board terms.

Risks and mitigations

52. There is a risk that the Bill’s progress through Parliament may be delayed, prolonging uncertainty and creating potential for confusion over roles and responsibilities. The proposed operating rules will help mitigate this risk by providing clear expectations and processes for consultation and decision-making during the pre-transition phase.

53. There is also a risk that the interim operating rules could unintentionally constrain day-to-day decision-making or slow down operational activity. To mitigate this, the rules have been deliberately framed as good-practice guardrails, designed to allow AT to continue making decisions necessary to maintain and improve services, while requiring consultation only on material matters that could affect the transition or future responsibilities.

54. There are risks of disruption to staff and service delivery during the transition period. The emphasis in the operating rules on continuity of service, collaborative working, and transparent information-sharing is designed to mitigate this risk. In addition, the wider transition programme has its own comprehensive risk management approach, which will cover operational, financial, and governance risks as the reforms progress.

55. Board appointments carry inherent risks, including reputational risks associated with underqualified candidates, governance risks associated with board imbalances and lack of relevant and broad experience amongst board members. The Appointments Policy and the process that it seeks to address these risks by prioritising candidate qualifications, skills, and experience through the selection panel processes and approvals of appointments.

Tauākī whakaaweawe Māori

Māori impact statement

56. The proposed operating rules do not create direct impacts for Māori. However an effective transition will help ensure that existing commitments to Māori are upheld.

57. The Iwi Ora outcome in the council’s Tāmaki Ora – Māori Outcomes Strategy emphasises that iwi have the resources, relationships, and ability to influence decision-making and shape the future of Tāmaki Makaurau. This objective is supported through the expectation that directors uphold the principles of Te Tiriti o Waitangi, demonstrate knowledge of Te Ao Māori, and bring established Māori networks.

58. In addition, knowledge of tikanga Māori is sought for the interim transport CCO board to assist in engagement with Māori and bring a tikanga lens to decision-making.

59. The Bill itself reinforces this by requiring the transport CCO to establish and maintain processes for Māori to contribute to its decision-making processes. Seeking directors with appropriate expertise will help ensure that these statutory obligations are met and that Māori voices are embedded in the transition and future governance model.

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

Local impacts and local board views

60. The proposed decisions do not have immediate operational impacts for local boards, but they are relevant to local boards’ future role in transport decision-making.

61. The interim operating rules are partly designed to protect the ability for functions expected to transfer to Auckland Council, including those that may sit with local boards, to be exercised effectively once the transition occurs. By requiring consultation on material decisions that could affect future responsibilities, the rules help ensure that local board roles are not undermined during the pre-transition phase.

62. Local boards have not been formally consulted on this report, as the matters are primarily governance arrangements between the Governing Body and Auckland Transport. However, their statutory role and anticipated responsibilities under the new governance framework have been considered in developing the recommended approach.

Ngā koringa ā-muri

Next steps

63. If the Governing Body approves the proposed interim operating rules, staff will issue a formal letter to the Board of Auckland Transport confirming the Governing Body’s decision and expectations.

64. Staff will initiate a candidate search in November 2025 to identify potential members for the interim transport CCO board. A long-list of candidates will be prepared for consideration following the 2025 local elections.

65. After the elections, the responsible committee will be asked to confirm the membership of the selection panel, which will then assess the long-list and recommend a short-list of candidates for interview. Interviews will take place in February 2026, with the selection panel recommending appointments to the responsible committee in March 2026, in time for the expected commencement of the new legislation.

66. Staff will also prepare advice on related governance documents – including the CCO Accountability Policy, the Significance and Engagement Policy, and Letters of Expectation – to ensure alignment with the transport reform. This advice will be provided to the Governing Body in the new term

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Proposed criteria for the transport CCO board

Ngā kaihaina

Signatories

Authors

James Stephens - Senior Advisor

Claire Gomas - Principal Advisor

Authorisers

Alastair Cameron - Manager CCO/External Partnerships team

Max Hardy - Director Group Strategy and Chief Executive Office

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Preparation of the draft 2024/2025 Auckland Council Annual Report and Summary Annual Report

File No.: CP2025/19376

Te take mō te pūrongo

Purpose of the report

1. To note the basis for preparation of the draft 2024/2025 Auckland Council Annual Report and Summary Annual Report (together referred to as the annual reports) and the process followed.

Whakarāpopototanga matua

Executive summary

2. The Local Government Act 2002 requires the council to prepare and adopt an annual report and a summary of the annual report each year. Preparing and publishing the annual reports is a legislative requirement and ensures transparency of the group’s performance to investors and ratepayers.

3. The annual reports, covering the 12 months to 30 June 2025, have been prepared by council staff. Volumes 1, 2 and 3 of the draft Annual Report, and the draft Summary Annual Report have been audited by Audit New Zealand on behalf of the Auditor-General.

4. The Controller and Auditor-General will attend this Governing Body meeting for the adoption of the annual reports and will address the Governing Body on the audit of these reports and other matters of interest during the confidential section of this meeting.

5. The annual reports compare and comment on the performance of Auckland Council and the Auckland Council Group against the budgets and operating targets set in Long-term Plan 2024-2034.

6. At its meeting on 16 September 2025, the Audit and Risk Committee reviewed the annual reports and the preparation processes and recommended the annual reports for adoption by the Governing Body (Attachment A).

7. The Controller and Auditor-General attended the Audit and Risk Committee on 16 September 2025 to comment on the:

· audit process

· draft letter of representation

· draft proposed audit opinion, including commentary on the key audit matters

· status of the annual reports.

8. All matters raised by the Audit and Risk Committee in relation to the annual report content have been resolved.

9. At the time of writing this report, there were no outstanding issues relating to the audit.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) tuhi ā-taipitopito / note the confirmation by the Audit and Risk Committee that the audit process in respect of the draft 2024/2025 Auckland Council Annual Report and the draft Summary Annual Report, has been completed satisfactorily and these reports are recommended for adoption by the Governing Body

b) tuhi ā-taipitopito / note the draft 2024/2025 Auckland Council Annual Report and draft Summary Annual Report will be discussed later in this meeting in confidence.

Horopaki

Context

10. Section 98 of the Local Government Act 2002 requires the council to prepare, adopt and publish an annual report and a summary annual report within four months following the financial year end.

11. As an issuer of debt on the NZX, the council is subject to the NZX listing rules. This requires the release of unaudited group primary financial statements and commentary on changes from the prior year, within 60 days of the financial year end. In addition, the NZX listing rules require the audited annual report and climate statement to be released no later than three months from the financial year end.

Annual report contents

12. The annual reports detail the activities and performance of the Auckland Council Group. They include performance results against planned levels of performance set in the Long-term Plan 2024 -2034 and outline the group’s consideration of climate risks and opportunities. The summary annual report discloses the most significant matters dealt with in the annual report.

13. The annual reports cover all activities of the council, council-controlled organisations (CCOs), subsidiaries, joint ventures and associated entities.

14. The annual reports consist of four separate volumes and a summary:

· Volume 1: an overview and a summary of service performance against first year of Long-term Plan 2024-2034, material issues facing the council, service and summarised financial performance of each group of activity

· Volume 2: a summary of local board achievements and their financial performance against first year of Long-term Plan 2024-2034

· Volume 3: detailed consolidated statutory financial statements for the group and the council, the group’s consolidated funding impact statement with financial commentary against the Annual Budget 2024/2025 and groups of activity funding impact statements with financial commentary against the first year of Long-term Plan 2024-2034

· Volume 4: a summary of the group’s integration of climate change risks and opportunities into its governance mechanisms, strategy, risk management processes, and the metrics and targets the group uses to measure progress towards climate targets

· Summary annual report: a financial and non-financial performance overview, summary financial statements, strategy and value creation model, summary of key drivers, a summary of the groups of activities.

15. The annual reports, except Volume 4, have been audited by Audit New Zealand on behalf of the Auditor-General.

16. Audit New Zealand provided limited assurance over Scope 1 and 2 greenhouse gas emissions and related disclosures that are included in Volume 4.

Tātaritanga me ngā tohutohu

Analysis and advice

17. The unaudited 2024/2025 Auckland Council Group primary financial statements and commentary were released via the NZX on 28 August 2025 (preliminary NZX release) following recommendations and approvals by the Audit and Risk Committee, the Chief Executive and the Mayor.

18. The annual reports and the audit were completed following the preliminary NZX release.

19. On 16 September 2025, the Audit and Risk Committee reviewed the annual reports, as well as the council’s process and controls undertaken to prepare them. The committee received feedback on the audit from Audit New Zealand and the Controller and Auditor-General and made a recommendation for adoption of the annual reports (Attachment A) subject to the finalisation of disclosure items, final management review and receipt of the Independent Auditor’s Report.

20. Since the Audit and Risk Committee meeting, the annual reports have undergone final editing and review by council staff and Audit New Zealand. The Group Financial Controller will update the Governing Body at this meeting on the finalisation of the audit work.

Climate impact statement

21. This committee paper relates to financial and non-financial statutory reporting. No decision is sought in this paper that has a direct impact on the group’s greenhouse gas emissions nor the group’s approach to preparing for climate change.

22. However, it is acknowledged that the activities undertaken by the group and reported on within the annual report have the potential to be impacted by climate change and can also reinforce or weaken our climate action response.

23. Climate risk disclosures included in Volume 4 play a key role in how external organisations direct capital flow towards climate positive solutions and investments. Reporting of the group’s response to climate change risk holds the group publicly accountable, and ensures the business maintains their focus on addressing climate change risk at all levels across the group.

Council group impacts and views

24. The annual reports reflect the results of the group for the year ended 30 June 2025. The CCOs and Port of Auckland Limited are involved in the preparation of this information and have reviewed any content relating to them.

Financial implications

25. There are no financial implications directly arising from the information contained in the report as no financial decision is sought.

Risks and mitigations

26. The following risks and mitigations have been identified:

Risk	Mitigation
*Breach of confidentiality*
The information contained within the annual reports may be released to the public prior to its release to the NZX.	All Auckland Council, CCO and Port of Auckland Limited (POAL) employees who are involved in the preparation and review of the annual reports have been briefed on confidentiality requirements. A cover sheet attached to the draft annual reports provided to Governing Body members provided a reminder of the NZX confidentiality obligations.
*Events subsequent to balance date may not be disclosed*
Significant events may occur between the balance date and approval date and might not be known to the preparers of the annual report, thus go undisclosed.	The Group Financial Controller has formally requested council management, CCOs and POAL confirm whether there are any events after balance date which might require disclosure. The most up to date draft or, where available, the issued statutory financial statements from the CCOs and POAL have been reviewed for disclosure of subsequent events.
*Delay in issue of audit report*
There may be a delay in issuing the audit report due to unresolved audit matters. At the time of writing this report there is no outstanding issue relating to the audit.	The council’s Financial Control and Group Performance Reporting units have been working proactively with the Audit New Zealand to address technical issues early.

Tauākī whakaaweawe Māori

Māori impact statement

27. The annual reports cover all aspects of the group’s governance and public accountability. They include commentary on the group’s contribution to outcomes for Māori, the role of the Houkura - Independent Māori Statutory Board and the council’s Ngā Mātārae - Māori Outcomes department. No decision is sought in this paper that has a direct impact on Māori.

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

Local impacts and local board views

28. Volume 2 includes a section featuring the achievements in each local board area. Local boards were engaged to collect and review this information and each local board chair has prepared a message which is included in their respective annual reports and has approved the content.

Ngā koringa ā-muri

Next steps

29. The Governing Body will discuss the annual reports in confidence with staff, the Controller and Auditor-General and Audit New Zealand, after which it will adopt the annual reports.

30. The Controller and Auditor-General will issue the audit opinion at the time of the adoption of the annual reports by the Governing Body.

31. The annual reports will then be released to the NZX and published on our website. Printed copies will be made available at libraries and service centres.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Audit and Risk Committee resolution 16 September 2025

Ngā kaihaina

Signatories

Authors

Yvonne Teo - External Stakeholder Group Reporting Manager

Tracy Gers - Group Financial Controller

Chimka Gantumur - Senior Group Reporting Technical Account

Authorisers

John Bishop - Group Treasurer

Ross Tucker - Group Chief Financial Officer

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Process to make board appointments to Tāmaki Redevelopment Company 2025

File No.: CP2025/19649

Te take mō te pūrongo

Purpose of the report

1. To inform the Governing Body about the process for making joint board appointments to Tāmaki Redevelopment Company, noting that a confidential report on this agenda seeks approval of a new appointment

Whakarāpopototanga matua

Executive summary

2. This report provides public information on the process for making board appointments to Tāmaki Redevelopment Company (TRC). TRC is jointly owned by central government (59 per cent) and Auckland Council (41 per cent), and its board is appointed through a shared process under a shareholder agreement.

3. A confidential report on this Governing Body meeting agenda seeks the Governing Body’s decision on the appointment of a new TRC board member. This report describes the appointment process and contains the candidate details and recommendations.

4. Key aspects of this appointment process include:

· a joint selection panel established with representatives from the Ministry of Housing and Urban Development and Auckland Council

· agreed criteria to assess candidates included a focus on regeneration expertise, governance, public accountability, and financial acumen

· interviews of shortlisted candidates conducted during August 2025

· final approval required by both central government and Auckland Council.

5. This approach ensures appointments are transparent, robust, and aligned with the skills needed for TRC to deliver large-scale urban regeneration in Tāmaki.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) tuhi tīpoka / note the process to make appointments to the board of Tāmaki Redevelopment Company

b) tuhi tīpoka / note that a confidential report on this agenda makes a recommendation on a new appointment to the Tāmaki Redevelopment Company board.

Horopaki

Context

6. TRC is a council organisation and a Crown Entity under Schedule 4A of the Public Finance Act 1989. Central government holds 59 per cent of shares and the council holds the remaining 41 per cent of shares. The shareholding ministers are the Minister of Housing and Minister of Finance.

7. The purpose of TRC is to achieve large-scale urban regeneration in Tāmaki (Glenn Innes, Point England and Panmure). The scope of the regeneration includes housing delivery and management, social transformation, economic development and placemaking. TRC targets the delivery of 10,500 new homes in Tāmaki by 2050.

8. The TRC board is jointly appointed by the government and the council. The council makes appointments to boards in line with its Appointment and Remuneration Policy for Board Members of Council Organisations (the Policy). In the case of multiply-owned organisations like TRC, provisions in a shareholders agreement take precedence over the specific provisions of the Policy. The shareholders agreement includes that the shareholders will agree on processes to make appointments.

9. The general process the council uses to make appointments is noted in Figure 1 below.

Figure 1: General process for making board appointments.

10. Key differences with the general process for this appointment are:

· representatives from the Ministry of Housing and Urban Development and Auckland Council are on the board selection panel

· both the council and central government approve the criteria, short-list, and final appointment to the board

· as there are no further Performance and Appointments Committee meetings this political term, this decision is referred to the Governing Body.

Tātaritanga me ngā tohutohu

Analysis and advice

11. The Performance and Appointments Committee delegated decisions on criteria, composition of the selection panel and short-listing as noted in Table 1 in June 2025 [PACCC/2025/50].

Table 1: Decisions delegated by the Performance and Appointments committee

Decision

Delegates

Agreement of criteria and composition of the selection panel with central government

· Mayor Wayne Brown

· Councillor Josephine Bartley

· Councillor Daniel Newman

· Houkura Independent Māori Statutory Board Chair David Taipari.

Agreement of a short-list with central government

· Councillor Daniel Newman

· Councillor Mike Lee

· Houkura Independent Māori Statutory Board Chair David Taipari.

12. The agreed criteria for assessing candidates were:

· knowledge and experience of built regeneration, such as large-scale residential and/or commercial construction and development

· extensive governance experience

· good understanding of public accountability

· tenancy management experience

· financial and commercial acumen

· prior experience in chair roles.

13. The selection panel held interviews with the short-listed candidates on 27 and 29 August 2025 and have made a recommendation on the appointment, which will be considered in the confidential agenda item.

Climate impact statement

14. TRC is aware of their role in supporting the council’s plans to reduce carbon emissions. For example, through their environment strategy to restore and revitalise the taiao of Tāmaki. The strategy supports TRC to respond to climate change and restore the whenua (land), hau (air), wai (water) and koiroa (biodiversity) of Tāmaki.

Council group impacts and views

15. The TRC chair was a member of the selection panel.

Financial implications

16. The selection process was funded through existing budgets, and no funds have been spent on consultants or external advertising. In addition, no costs arise from the confidential report.

Risks and mitigations

17. There are risks common to all board appointments. These include:

· reputational risk of appointing candidates without appropriate skills or governance experience. To mitigate this potential risk, a due diligence process is in place.

· governance risk of creating an unbalanced board without the range of skills and experiences needed to govern and lead the organisation. This is considered throughout appointment processes.

Tauākī whakaaweawe Māori

Māori impact statement

18. The Iwi Ora outcome in Tāmaki Ora – Māori Outcomes Strategy includes that iwi have the resources, relationships and ability to influence decision-making and shape the future of Tāmaki Makaurau. Māori representation at board level supports this outcome.

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

Local impacts and local board views

19. Board appointments to TRC are a responsibility of the Governing Body. Local boards may participate in the nomination process for board vacancies and criteria are circulated to local boards to allow their participation in the nomination process.

Ngā koringa ā-muri

Next steps

20. The Governing Body is asked to consider the recommendation in the confidential agenda item, and this recommendation will also be considered by central government.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

James Stephens - Senior Advisor

Authorisers

Alastair Cameron - Manager CCO/External Partnerships team

Anna Bray - General Manager Group Strategy, Transformation and Partnerships

Max Hardy - Director Group Strategy and Chief Executive Office

Phil Wilson - Chief Executive

Governing Body

25 Sept 2025

Summary of Governing Body and Committee information memoranda and briefings (including the Forward Work Programme) - 25 September 2025

File No.: CP2025/00819

Te take mō te pūrongo

Purpose of the report

1. To note the progress on the forward work programme appended as Attachment A.

2. To receive a summary and provide a public record of memoranda or briefing papers that may have been distributed to the Governing Body or its committees.

Whakarāpopototanga matua

Executive summary

3. This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/briefings or other means, where no decisions are required.

4. Any information circulated to other committee’s and their members after the last ordinary meeting of those committees has also been included.

5. The following memos or information were circulated to members of the Governing Body:

Date	Subject
29.8.25	Memorandum: Written update from Auckland Future Fund
8.9.25	Memorandum: Local Government (Auckland Council) (Transport Governance) Amendment Bill
16.9.25	Quarterly Performance Report: Auckland Future Fund / AFFTL

6. The following workshops / briefings have taken place for the Governing Body:

Date

Subject

10.09.25

Auckland Council submission on the Local Government (Auckland Council) (Transport Governance) Amendment Bill CONFIDENTIAL

Reason:

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

Interests:

s7(2)(f)(1)

The withholding of the information is necessary to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to members or officers or employees of any local authority in the course of their duty.

In particular, the verbal information may contain staff advice on organisational structure implications of the legislation that could impact on both AT and Auckland Council staff.

Grounds:

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

7. The following memos were circulated to members of other committees following the last ordinary meeting:

Date

Committee

Subject

22.8.25

Auckland Domain Committee

Memorandum: Auckland Tennis Region request for letter of support for a resource consent application to operate a fanzone within Auckland Domain

2.9.25

Performance and Appointments Committee

Confidential Memorandum: Performance and Appointments Committee - Short-list of candidates for Tāmaki Redevelopment Company.

Reason:

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

Interests:

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains personal information about candidates for the Tāmaki Redevelopment Board.

Grounds:

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

8.9.25

Transport, Resilience and Infrastructure Committee

Memorandum: Update on Transport, Resilience and Infrastructure Committee resolution TICCC/2025/50 – transport measures and emissions targets.

8.9.25

Transport, Resilience and Infrastructure Committee

Memorandum: Select Committee report on the Time of Use Charging enabling legislation

8.9.25

Policy and Planning Committee

Auckland Council submission – CRA management targets 2025

10.9.25

Policy and Planning Committee

Memorandum: State of the Environment in 2025

15.9.25

Policy and Planning Committee

Letter to Mayor from Minister responsible for RMA Reform

18.9.25

Regulatory and Safety Committee

Memorandum: Update on Local Alcohol Policy 2024 and Next Steps

8. The following workshops/briefings have taken place for other committees following the last ordinary meeting:

Date	Committee	Workshop/Briefing
10.9.25	Policy and Planning Committee	Workshop – Integrated Intensification Plan Change(IIPC): Consideration of feedback on the draft replacement Plan Change A recording of the workshop can be found by clicking the link.
17.9.25	Policy and Planning Committee	Workshop – Integrated Intensification Plan Change(IIPC): Consideration of feedback on the draft replacement Plan Change A recording of the workshop can be found by clicking the link

9. This document can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

o at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;

o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

10. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Governing Body members should direct any questions to the authors.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) whiwhi / receive the Summary of Governing Body information memoranda and workshop information (including the Forward Work Programme) – 25 September 2025

b) whiwhi / receive the information memoranda and workshop information from other committee’s.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Forward Work Programme
b ⇨	Quarterly Performance Report: Auckland Future Fund / AFFTL
c ⇨	Memorandum: Written update from Auckland Future Fund
d ⇨	Memorandum: Local Government (Auckland Council) (Transport Governance) Amendment Bill
e ⇨	Memorandum: Auckland Tennis Region request for letter of support for a resource consent application to operate a fanzone within Auckland Domain, 20 Park Road, Grafton
f ⇨	Memorandum: Update on Transport, Resilience and Infrastructure Committee resolution TICCC/2025/50 – transport measures and emissions targets.
g ⇨	Memorandum: Select Committee report on the Time of Use Charging enabling legislation
h ⇨	Memorandum: State of the Environment in 2025
i ⇨	Memorandum: Update on Local Alcohol Policy 2024 and Next Steps
j ⇨	Auckland Council submission – CRA management targets 2025
k ⇨	Letter to Mayor from Minister responsible for RMA Reform

Ngā kaihaina

Signatories

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

Governing Body

25 Sept 2025

Summary of Confidential Decisions and related information released into Open

File No.: CP2025/00826

Te take mō te pūrongo

Purpose of the report

1. To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2. This is a regular information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.

3. Some decisions released here may be for committees other than the Governing Body due to those committees having already held their last meeting for the 2022-2025 political term.

4. The following decisions / documents are now publicly available:

Date of Decision

Subject

7.9.23

Policy and Performance Committee – CONFIDENTIAL: Consideration of potential land acquisition

10.12.24

Policy and Performance Committee – CONFIDENTIAL: Regional parks acquisition opportunity

29.4.25

Performance and Appointments Committee - CONFIDENTIAL: Appointments to the board of Auckland War Memorial Museum 2025

26.8.25

Performance and Appointments Committee - CONFIDENTIAL: Appointment to the board of Auckland War Memorial Museum

26.8.25

Performance and Appointments Committee - CONFIDENTIAL: Reappointments to the board of Port of Auckland Limited

26.8.25

Performance and Appointments Committee - CONFIDENTIAL: Appointment of a director to Tāmaki Redevelopment Company and consideration of reappointments

18.04.23

Expenditure Control and Procurement Committee - CONFIDENTIAL: Procurement approach for facilities management of Auckland Council's recreational facilities

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that could prejudice the council's position with potential suppliers.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

5. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Governing Body members should direct any questions to the authors.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) tuhi ā-taipitopito / note the confidential decision and related information that is now publicly available:

i) Consideration of potential land acquisition

ii) Regional parks acquisition opportunity

iii) Appointments to the board of Auckland War Memorial Museum 2025

iv) Appointment to the Auckland War Memorial Museum board

v) Reappointments to the board of Port of Auckland Limited

vi) Appointment of a director to Tāmaki Redevelopment Company and consideration of reappointments

vii) Procurement approach for facilities management of Auckland Council's recreational facilities

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Policy and Performance Committee – CONFIDENTIAL: Regional parks acquisition opportunity, 10 December 2024 (Under Separate Cover)
b ⇨	Policy and Performance Committee – CONFIDENTIAL: Consideration of potential land acquisition, 7 September 2023 (Under Separate Cover)
c ⇨	Procurement approach for facilities management of Auckland Council's recreational facilities
d ⇨	Summary of Confidential Information Released

Ngā kaihaina

Signatories

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

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

Resolution Number	Item	Status
GB/2025/125	Decision on Te Ārai Regional Park dog access: Panel Report	Came into effect on 1 September 2025

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