October 2024: Chairperson's Report
- alexispoppelbaum
- Oct 23, 2024
- 11 min read
Updated: Oct 30, 2024
October business meeting Chair's report
Purpose of the report
1. To receive the chairperson’s update on recent activities of the chairperson, itemised by outcomes in the Hibiscus and Bays Local Board Plan 2023.
Executive summary
2. Items noted in this report are intended to be key highlights, not a full overview of all activity.
Our People
3. On 9 October 2024 it was a pleasure to be the guest speaker to about 100 people at the Milford Combined Probus club monthly meeting at Sunnynook Community Centre. Many of the members come from all over the North Shore, including the East Coast Bays subdivision. I spoke to them about how local government works, about the Hibiscus and Bays Local Board, what some of our priorities are this term and interesting items we are funding in our work programme to deliver on these priorities.
4. On 12 October 2024 I was invited to speak and present awards, along with Minister for Ethnic Communities Hon Melisa Lee, at the Asian Elders Day Celebration. This was hosted by Southern Alps Retirement Living who are developing a retirement village on Glenvar Road, Long Bay specifically to cater for our ageing Asian communities. Following the awards celebration, I was part of the groundbreaking ceremony on site. You can view the plans and see updates for the construction of the village at www.southern-alps.co.nz/english
5. Member J Parfitt and I attended the Annual General Meeting and Mid-Autumn Festival celebrations of the Long Bay Chinese Association on 29 September 2024. They have over 500 members from primary school aged children to people in their 80’s enjoying a huge array of physical, social and art/music related activities.
Our Community
6. North Harbour Stadium and Domain Precinct Working Group: the chairpersons and deputies of the Hibiscus and Bays and Upper Harbour Local Boards (‘Steering Group’) have been tasked with co-leading a locally led working group to develop the way forward for North Harbour Stadium (as per the Budget Committee and Governing Body Long-term Plan resolutions). Updates since my September 2024 report include:
• we have been working closely with Tātaki Auckland Unlimited to progress discussions on the scope of a commercial process to identify a new operational manager (stage one of our programme of work). We are working through the details and timeline and hope to have advance notice to the market in December 2024, with notification officially Gazetted in early 2025
• the Steering Group held a third meeting with the Working Group on 27 September 2024 where discussions focused on stage one of our programme of work.
7. As previously noted at ‘members time’, I had an opportunity to speak with the board of Rotary Browns Bay to discuss potential ways we could combine our efforts in delivering positive community projects. Following a discussion with our Parks and Community Facilities Manager, I provided some examples of projects they might like to help deliver that are on our work programme or asset renewal list. They will discuss these ideas further and come back to me.
8. On 28 September 2024 I was invited to a small function in Millwater to celebrate the renaming of Metropark Hockey to the Merv Huxford Hockey and Sports Centre. The renaming was the request of the board of Hockey Hibiscus Trust who wanted to recognise Merv’s outstanding service to hockey on the Hibiscus Coast since the 1970’s, and for his fundraising efforts for 17 years to get the facility at Millwater constructed. A larger ‘fun day’ will occur over the summer period to celebrate with the wider community.
9. As the local board delegate to the Sir Peter Blake Marine Education and Recreation Centre (MERC) board, I attended their Annual General Meeting on 16 September 2024. Mike Brown stepped down as chair and he was thanked for his time in that role. Mark Orams has stepped in to the role of chair making the deputy chair role still vacant. One of the founders of MERC, Dr David Gray CNZM, resigned as MERC’s patron following some health issues. He gave a passionate speech to the board and staff with the support of his wife Marie and three of his daughters.
10. On 4 November 2024, Deputy Chairperson Gary Brown and I met with some members of the Mairangi Bay Surf Club board and their patron and local Member of Parliament Hon Simon Watts. They voiced their concerns that they had previously been given advice by council officers that they would be able to use the old Watercare pump station site for storage despite the Mairangi Bay Management Plan review. With staff input, we are responding to the club and Minister on this and a few other queries in due course. This will be shared with all members.
Our Environment
11. Forest and Bird North Shore branch representatives provided a presentation on 23 September 2024 open to all North Shore local board members regarding their views on the upcoming Auckland Council Policy on Dogs (2019) and Dog Management Bylaw (2019). They raised several concerns including that the current policy doesn’t address the impact that dogs have on wildlife and sedimentation, as well as lack of enforcement of the bylaw more generally.
Our Places and Our Economy
12. I have drafted a feedback framework to help ensure that the local board has a consistent approach to how we make decisions about Landowner Applications (LOAs). This draft is included as Attachment A to the agenda report and focuses on principles relating to open spaces that are derived from relevant strategic documents, has several factors that should be considered when making decisions about LOAs, and also describes the feedback process.
Other matters arising
13. I note that at the 15 October 2024 business meeting of the Devonport-Takapuna Local Board, a Notice of Motion was received and supported for two members to lodge an appeal to the Local Government Commission relating to the North Shore and Albany Wards which are currently non-compliant with provisions of section 19(V)(2) of the Local Electoral Act 2001 in terms of representation. Their proposals, which were not publicly consulted on, related to shifting the boundary of the North Shore Ward north to encompass three major suburbs of the East Coast Bays subdivision of the Hibiscus and Bays Local Board. Auckland Council will accept a response to their appeal from our local board by the end of November 2024. I will draft this and will focus on our previous representation review formally resolved feedback and the fact that the proposals being made by the Devonport-Takapuna Local Board have not been publicly consulted on. I will attach the draft response to my November 2024 chairperson’s report for your formal approval before it is sent.
Recommendation/s
That the Hibiscus and Bays Local Board:
a) whiwhi / receive the chairperson’s update on recent activities of the chairperson, itemised by outcomes in the Hibiscus and Bays Local Board Plan 2023.
b) whai / adopt ‘Hibiscus and Bays delegate guidelines for feedback 2024/2025’ as a feedback framework for landowner applications.
Attachment: Hibiscus and Bays delegate guidelines for feedback 2024/2025
How the Hibiscus and Bays Local Board delegate provides feedback on Landowner Approvals for activities, including mobile traders, on reserve land
Purpose
The decision-making process
Resolution for the appointments and delegations for the 2022-2025 electoral term
General landowner approvals and the role of the local board appointed lead
Overarching principles
Factors for providing feedback on Landowner Approval applications
Purpose
The Hibiscus and Bays Local Board is largely coastal and is home to some of Auckland’s most popular and family-friendly beach destinations like Ōrewa, Long Bay and Browns Bay. The local board is the decision maker for public land (reserves) and receives a high number of Landowner Approval (LOAs) applications for mobile traders and other activities, requesting permission to take place on reserves under the local board’s responsibility.
Through the general delegation to the chief executive, all local boards have delegated landowner approval (LOA) decisions to Land Advisory staff, subject to consultation with the local board and seeking feedback, unless the local board calls the application in. This enables this customer-facing process to be administered efficiently.
As part of the council approval process, Land Advisory seeks local board feedback on all LOAs. The Hibiscus and Bays Local board have appointed the chairperson as the delegate, and the deputy chairperson as an alternate, to provide local board feedback on all landowner approval applications.
To ensure that decision making is robust, consistent, and fair, it is essential for the Land Advisory team to have a structured approach to evaluating applications before seeking local board feedback and in particular noting local views and preferences, as provided in the Local Government (Auckland Council) Act 2009. This ensures that decision making aligns with the Hibiscus and Bays Local Board Plan 2023, meets community expectations and values, environmental protection, economic impacts, and cultural considerations.
The decision-making process
This process is directed by the Trading and Events in Public Places Bylaw 2015, the Reserves Act 1977 and the Local Government (Auckland Council) Act 2009.
Applicants wishing to operate on public land must make a detailed application to the Land Advisory Team of Auckland Council. Staff assess the relevant information provided and may ask for additional information, if required (as advised on the website here).
The LOA application is processed by the Land Advisory team which seeks Subject Matter Expert (SME) advice before submitting it to the local board for feedback under their staff delegation. The local board can request that staff do not exercise their delegation and call-in the application, which is then reported to the local board for a decision. Note staff, in exercising their delegation can recommend the application come to the local board for a decision or can decline any LOA that does not meet the required standards.
The Chairperson of the Hibiscus and Bays Local Board is delegated the authority to provide feedback on all Landowner Approval applications. The current process requires that the local board reviews the specific SME and staff advice received on the LOA and then provides feedback on the LOA.
Resolution for the appointments and delegations for the 2022-2025 electoral term
Hibiscus and Bays Local Board
22 November 2022
Resolution number HB/2022/157
MOVED by Deputy Chairperson J Parfitt, seconded by Member L Willis:
That the Hibiscus and Bays Local Board:
a) kopou / appoint the chairperson as nominated contact, and the deputy chairperson as an alternate, for staff consultations over landowner approval applications (excluding applications for filming and events)
General landowner approvals and the role of the local board appointed lead
The role of the local board’s nominated lead for general landowner approvals is to be the point of consultation for staff. The lead’s responsibility is to:
receive information about the proposed activity which requires landowner approval
provide views, if any, about the impact of the proposal on the local park and the local community
maintain a focus on governance matters noting that staff who maintain the park and undertake operational duties will be identifying the relevant operational issues
ensure that reasons are given to support the views based on relevant and not irrelevant considerations
consult other members of the local board, if appropriate, and collate in the local board feedback, if any
provide views, if any, in a timely manner (staff recommend nominated leads strive to provide feedback within five days, if possible)
provide regular updates to the local board on landowner approval applications received, as appropriate.
the exercise of council’s general powers to make landowner decisions is not unconstrained. Whether taken by staff or at the full local board level, decision-makers must ensure decisions are made in accordance with statutory, common and public law principles.
Overarching principles
When assessing LOA’s, the following objective from our local board plan is the key and relevant principle that decisions should relate to and meet.
Hibiscus and Bays Local Board Plan 2023
Our Community: ‘There is nowhere better that our local parks and reserves for a picnic, a sports game or meeting friends’.
The following strategic documents also support this principle.
Hibiscus and Bays Local Parks Management Plan 2022
Park Values: Natural values, social and recreational values, cultural and heritage values, economic values.
Principles for park management: Give effect to the relationship of mana whenua with the ancestral taonga; protect and enhance the natural environment, native biodiversity and the viability of ecosystems; protect the value, integrity, amenity and accessibility of parks as places for the use and enjoyment of park users; and enable access and provide connections to the water, the coast, natural areas, neighbourhoods and the park network.
Hibiscus and Bays Open Space Network Plan 2019
Key moves: quality parks and open space network; protecting and enhancing the environment; inclusive local communities; creating a healthy lifestyle and wellbeing; and connecting our communities.
Factors for providing feedback on Landowner Approval applications
Below are the factors that will be used to inform the feedback, including local views and preferences, of LOAs. These factors are weighted and considered evenly.
Factors
The activity is temporary in nature.
The local board defines ‘temporary’ in this instance to mean no more than half the calendar year (182 days); operating no more than 3 days a week in one location; and no more than six hours per day. It should be noted that these are defined as absolute ‘upper limits’ for applications and each location and application will be considered against all other factors.
The activity has minimum impact in the proposed location.
By ‘location’ the local board not only refers to the reserve identified in the application as being suitable, but also the specific trading area proposed within the reserve. The local board requires that staff refer to the Hibiscus and Bays Local Board Parks Management Plan for reserve specific information.
The LOA assessment includes:
- Does the site selection ensure that the open public space amenity values are still retained?
- Is the site selection appropriate for the type of activity? (consider other activities that are currently authorised and happening in this reserve location)
- Does the selected site ensure customer safety as well as safety of other people within the area? (considering proximity to roads, car parks and foot/cycle paths, ground disruption, i.e. pegging)
- Is the size and footprint of the activity keeping with the size of the reserve (consider if it is a large set up in a smaller reserve the impacts on open public space amenity)
- Does the activity disrupt or restrict public car parking or access to the reserve?
- Where appropriate, cultural significance to Māori
Note: SME advice should support the delegate to provide feedback on the above considerations.
The proposed hours of operation including days and hours is appropriate for the LOA offerings and the specific location.
The local board feedback may seek information on:
- The appropriateness of the LOA/mobile vendor’s proposed operating days and hours in the specific site identified.
- The seasonal appropriateness of the LOA/mobile vendor.
- The appropriateness of the LOA/mobile vendor where proposed trading includes school holidays, public holidays and summer months (December - March).
The vendor’s offerings are accessible to most people.
When assessing any mobile trader’s applications, the local board seeks to understand the offerings that appeal to a wide and diverse range of people and contributes to the local community identity.
Additionally, information should address:
- Whether the mobile trader’s offerings are accessible to most people in the community or offers something unique that helps enhance the general public’s enjoyment or access to our open public spaces.
- Whether the mobile trader’s activities enhance the character and vibrancy of local town centres, or public spaces.
- Whether other non-public/public (like roads) locations would be a better option for the mobile trader.
All LOAs should create or contribute to a positive or neutral local economic impact. In particular, if the mobile trader contributes to the local economy (including job creation – if the trader/staff is from the local board area) and/or supports local suppliers.
All LOAs:
- should not negatively impact on any similar activities/offerings or create a competitive environment for businesses located in close proximity.
Local board views on draft changes to dog policy and bylaw
The local board had the opportunity to provide initial feedback on draft proposed changes to Auckland Council’s Policy on Dogs 2019 and Dog Management Bylaw 2019. Public consultation will occur early next year and there will be another opportunity for the board to give feedback that takes account of public feedback.
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