Proposal from Minister for the Environment for Board
of Inquiry on Proposed Men’s Prison at Wiri
File No.: CP2010/00314
Executive Summary
The Minister of Corrections has lodged a proposal with the Environmental protection Authority
(EPA) to alter the current designation for the Auckland Women’s correction facility at Wiri to
provide for the construction and operation of a men’s prison. The EPA’s role is to make a
recommendation to the Minister for the Environment regarding whether this matter should be
considered as nationally significant; and if so how the amendment to the Notice of Requirement
should be processed. Under the EPA terms of reference the EPA can recommend to the Minister
that the matter be referred to a Board of Inquiry; or directed straight to Environment Court for
consideration; or dealt with through normal designation processes by Auckland Council.
The EPA has assessed the matter and recommended to the Minister that it be considered
nationally significant. In October, the EPA asked Manukau City Council for its view on how the
matter should be processed. The matter was not reported to the full council. However, Manukau’s
Chief Executive, after consultation with the Chair of the Environmental Hearings committee, wrote
to the EPA indicating that it was traditional for Manukau City Council to make decisions at a local
level but due to the timing of the request he believed the Minister should determine the process
going forward.
The Minister for the Environment (the Minister) has asked for Auckland Council’s views on the
appropriate process. In his letter of request the Minister indicates he is inclined to consider the
Board of Inquiry option. It is recommended that Auckland Council also support a Board of Inquiry
process as that process enables a less formal opportunity for members of the community to make
submissions on the matter.
Recommendation/s
a)
b)
c)
That the report be received.
That the Council notes that;
x the proposal to construct a men’s prison on the site of the existing women’s
correction facility at Wiri is considered by the Environmental Protection Authority
to be of national significance
x the Minister of the Environment has sought the Council’s views on how the
proposal to amend the current notice of requirement can be best considered.
x there are three options for considering the matter – referral to a Board of Inquiry;
referral to the Environment Court; or referral to Auckland Council for standard
processing.
That the Council indicates to the Minister of the Environment its preference for a
Board of Inquiry to consider the proposal to amend the notice of requirement for the
existing women’s correction facility at Wiri in order to enable the construction and
operation of a men’s prison. The Board of Inquiry process will provide an
appropriate forum for members of the community to have their say on the proposed
men’s prison and allows the Council to lodge a submission and advocate for the
community
Background
The Minister of Corrections has lodged a proposal with the Environmental Protection Authority
(EPA) to alter the current designation for the Auckland Women’s correction facility at Wiri to
Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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provide for the construction and operation of a men’s prison. The EPA’s role is to make a
recommendation to the Minister for the Environment regarding whether this matter should be
considered as nationally significant; and if so how the amendment to the Notice of Requirement
should be processed. Under the EPA terms of reference the EPA can recommend to the Minister
that the matter be referred to a Board of Inquiry; or directed straight to Environment Court for
consideration; or dealt with through normal designation processes by Auckland Council.
The EPA has assessed the matter and recommended to the Minister that it be considered
nationally significant. In October, the EPA asked Manukau City Council for its view on how the
matter should be processed. The matter was not reported to the full council. However, Manukau’s
Chief Executive, after consultation with the Chair of the Environmental Hearings committee, wrote
to the EPA indicating that it was traditional for Manukau City Council to make decisions at a local
level but due to the timing of the request, he believed the Minister should determine the process
going forward. On 7 November the chair of the Manurewa Local Board wrote to the Minister
indicating that in his view the matter should be processed by Auckland Council using independent
planning commissioners. The chair also indicated that if the Minister chose to refer it to a board of
inquiry he could provide the Minister with a short list of people with local knowledge who could
serve on the board.
The Minister has now written to the Chief Planning Officer asking for Auckland Council’s views on
the appropriate process.
Decision Making
The Minister has asked Auckland Council to indicate its preference over how the proposal to
construct and operate a new men’s prison at Wiri, on the same site as the existing women’s
correction facility, will be considered. Three options exist; and each is discussed below.
Board of Inquiry process
The Board of Inquiry has up to five members who are appointed by the Minister. The Minister has
indicated that if this option was chosen then the chair would be an Environment Court judge and
the other appointees would be chosen for expertise relevant to the proposal and for strong local
area experience. The Board of Inquiry process requires public notification of the proposal; a
submission period of 20 working days; and a public hearing. The Board must make a decision
within nine months of the notification of the proposal. There are no appeal rights to the
Environment Court only appeal rights to the High Court on a point of law.
This process has the advantage that the council can lodge submissions in support or opposition to
the proposal; and become an advocate of the community’s views. It streamlines the process by
removing appeal rights to the Environment Court. The decision of the Board of Inquiry must be
accepted by all parties including the Minister of Corrections.
The process has the disadvantage that it is a more formal process than what may happen at a
council hearing. In addition, while a council may choose to extend the submission period to
beyond the 20 working days period due to the complexity of the proposal, to date the EPA has
declined requests for extensions to that period on other projects of national significance.
Environment Court process
Under this option, the matter is referred directly to the Environment Court after the matter has
been notified and submissions received. This option is the most formal of the three as the hearing
allows cross-examination of submitters; expert evidence and legal representation is often required.
This option is the least preferred as it could act as a barrier in terms of costs and formality to
individual’s ability to fully and effectively participate.
Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Local Authority Process
This option follows the standard RMA process for notifying and considering Notices of
Requirement. The proposal is publicly notified; a minimum submission period of 20 working days
would occur (Council could extend this period if it chose) and there would be a hearing before
planning commissioners appointed by Council. The hearing’s panel would recommend to the
Minister of Corrections that the amendment to the Notice of Requirement be confirmed or
declined. The Minister of Corrections makes the final decision. Appeal rights to the Environment
Court exist.
The advantages of this option is that the process is more familiar to the community. In the case of
the existing women’s correction facility at Wiri the notice of requirement was processed using this
approach (it was lodged prior to the introduction of the EPA process). The council also has greater
control over the timing of the process
One of the disadvantages of this process is that it is a two-stage process with opportunity to
appeal any decision to the Environment Court. This could delay any decision by a year or more;
and puts participants through the cost and time of two processes.
The other disadvantage is that the council takes on a quasi- judicial role where its ability to make
comment on the proposal is limited to statutory considerations. It cannot in the option be a
submitter or take on a community advocacy role. Council would also have to ensure that any
planning commissioner sitting on the hearing had not made any comments in the past about the
suitability or not of the site for a prison. If the Council preferred this option, then consideration
should be given to indicating to the Minister that any hearings panel would be a mix of politicians
and independent planning commissioners.
Significance of Decision
Not applicable
Consultation
Not applicable
Financial and Resourcing Implications
All three options have financial implications for the Council as they would all require the council to
consider the proposal and decide on a position. Budget for undertaking this work is available
within existing budgets.
Legal and Legislative Implications
Not applicable
Implementation Issues
Not applicable
Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Attachments
No.
Title
Page
A
Copy of the letter sent by the Chief Executive Manukau City Council to the
Environment protection Authority dated 29th October 2010
255
B
Copy of the letter sent to Hon Nick Smith, Minister for the Environment
from Daniel Newman, Chairperson Manurewa Local Board
256
Signatories
Authors
Penny Pirritt, Regional & Local Planning Manager
Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Attachment A
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Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Attachment B
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Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Attachment B
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Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Attachment B
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Proposal from Minister for the Environment for Board of Inquiry on Proposed Men’s Prison at Wiri
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Governing Body
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Item 15
New Zealand Historic Places Trust proposal for the
registration of Queen’s Wharf
File No.: CP2010/00313
Executive Summary
The New Zealand Historic Places Trust (NZHPT) proposes to enter the Queen’s Wharf, Auckland,
in the NZHPT Register as a Category I historic place under the Historic Places Act 1993 (HPA).
The Auckland Council has until Thursday 25 November 2010 to make written comment on the
proposed registration.
Works are currently underway on the wharf including repairs and the dismantling of Shed 11.The
proposed registration will not have an effect on these works.
The longer term plans for Queen’s Wharf, including the potential development of a cruise ship
terminal and the future of Shed 10, is less defined. It is these future works that the registration
may have influence over. Registration does not provide protection. If the council supports
registration, that may lead to an expectation that the council would, at some stage, follow through
with a subsequent resource management process under the Resource Management Act 1991
(RMA), such as a plan change, to ensure the protection of Queen’s Wharf. This action is not,
however, required by registration
Recommendation/s
(a) That the council agree that a submission is lodged with the New Zealand Historic
Places Trust (NZHPT) that additional work be undertaken by Auckland Council with the
Auckland Waterfront Development Agency Ltd and in consultation with central
government (as the other 50 per cent joint venture owner of Queen’s Wharf) to agree a
process and timeframe with NZHPT and document this by way of Memorandum of
Understanding that clearly outlines how the parties will work together to determine the
heritage status of Queen’s Wharf.
(b) That the Chief Executive be instructed to write to the NZHPT in submission to the
proposed registration of Queen’s Wharf setting out the Council’s position.
Background
The NZHPT has written to Auckland Council to “inform of the proposal to enter the Queen’s Wharf
Auckland in the NZHPT Register of historic places, historic areas, wahi tapu and wahi tapu areas”.
NZHPT is formally seeking views on the proposed registration, including reasons for or against the
proposal, as well as on the information within the NZHPT assessment report.
The Auckland Council has up until 4pm, Thursday 25 November 2010 to make written comment
on the proposed registration.
Criteria governing registration are set out in the Historic Places Act 1993 (HPA). The place/area
must have significant heritage values to warrant registration.
Following the close of submissions, the NZHPT Board will consider the registration proposal and
any submissions received. This is scheduled to occur in December 2010. Auckland Council will
then be advised of the decision. There are no rights of appeal to the board’s decision under the
HPA.
New Zealand Historic Places Trust proposal for the registration of Queen’s Wharf
Page 259
Governing Body
17 November 2010
Item 15
Decision Making
Consultation has been held between the Chief Executive/Chief Planning Officer, Auckland Council
and the Chief Executive Auckland Waterfront Development Agency Ltd, as set out below under
“Consultation”. It is recommended that the following principles be adopted in the decision making:
1.
2.
3.
4.
5.
that Auckland Council and Auckland Waterfront Development Agency Ltd work together to
achieve consistency in our approach, given our common goals of the Auckland Council.
there has not been time for either Auckland Council or Auckland Waterfront Development
Agency Ltd to work through with NZHPT in a non-statutory process the resolution of
issues relating to the heritage status of Queen’s Wharf itself and Shed 10
in order to achieve a public waterfront which contributes to Mayor Len Brown’s vision
“Auckland will be the most liveable city in the world”, it is imperative to follow a design-led
process which is open and collaborative. This could provide leadership through
contemporary ideas and expression which celebrates history and creates places for all
Aucklanders to enjoy. Providing tangible linkages to the waterfront’s maritime and
mercantile past is an important way of achieving this.
Auckland Council is generally in support of the preservation of the heritage status of
Queen’s Wharf, excepting that the exact nature of the heritage status needs to be
confirmed by proper process. Auckland Council is also concerned to ensure that the
registration process does not compromise future options for redevelopment by placing
potentially excessive restrictions on what can be undertaken (it is understood that
Auckland Waterfront Development Agency Ltd is likely to take the same approach).
therefore, the submission should recommend the following process:
Ͳ
Ͳ
additional work be undertaken by Auckland Council with Auckland Waterfront
Development Agency Ltd and in consultation with central government (as the other
50 per cent joint venture owner of Queen’s Wharf) to agree a process and
timeframe with NZHPT
this process will be documented by way of a Memorandum of Understanding that
clearly outlines how the parties will work together to determine the heritage status
of Queen’s Wharf.
Significance of Decision
Queen’s Wharf is considered within the NZHPT report (Attachment 1) to qualify as a Category I
historic place, meaning it is of “special or outstanding historical or cultural heritage significance or
value” under the HPA.
The proposed registration covers the entire Queen’s Wharf, including buildings and structures,
and their fittings and fixtures. Shed 10 is included in the proposed registration but Shed 11, being
currently dismantled and removed, is not included. The ferry shelter and the Devonport ferry
terminal building are also included within the area proposed for registration.
Given timeframes, it has not been possible to independently review the NZHPT assessment
report. Assessments have previously been carried out on the wharf and these assessments2
confirm the heritage values of this place.
Consultation
Discussions have been held between the Chief Executive/Chief Planning Officer, Auckland
Council and the Chief Executive Waterfront Development Agency Ltd, and between their
respective officers. The following is a summary of those consultations.
2
Assessments include ‘Queen’s Wharf & Sheds, Auckland – Design competition Phase 1 Heritage
Assessment’ by Matthews & Matthews Architects Ltd dated 27 August 2009
New Zealand Historic Places Trust proposal for the registration of Queen’s Wharf
Page 260
On 1 November Queen’s Wharf was vested in the WDA. The Local Government (Tamaki
Makaurau Reorganisation) Council-Controlled Organisation Vesting Order 2010 (Order in Council
4 October 2010) specifies that that vested in the WDA is “all of the Auckland Regional Council’s
undivided one-half share in Queen’s Wharf situated at 98 Wharf Street (being Part bed Waitemata
Harbour Deeds Index 33A/195) and comprising the wharf structure, the two 100-year old sheds,
the berthing infrastructure, and the heritage fence”. Legal advice is that ‘vesting’ in this context
means legal ownership of the asset.
The other undivided one-half share in Queen’s Wharf is owned by the New Zealand Government.
Officers have not had the opportunity to discuss this matter with officers from central government,
as co-owners of Queen’s Wharf. The short timeframes associated with this reporting and the
submission period has constrained the ability to undertake such consultation.
The Chief Executive of Waterfront Development Agency Ltd has advised on the following process:
1.
2.
3.
the Auckland Waterfront Development Agency Ltd Board on 22 November 2010 will
consider executive recommendations on the submission to the NZHPT on registration of
the heritage status for Queen’s Wharf. This recommendation will be consistent with that
set out in this paper above under “Recommendations”.
previously Auckland Waterfront Development Agency Ltd had discussions with NZHPT on
the merit of dealing with the heritage issues as part of a non-statutory process. This nonstatutory process was followed in relation to the Vos and Brijs building. This involved
meetings with an independent neutral facilitator and a process for consensus based
decision-making. Bringing project leaders and the evidence base together enabled a
resolution which met the needs of the commercial partners and the heritage group, and reused the building in an authentic way. The NZHPT executive put this proposal to their
board, but their board decided to proceed with the process of registration.
It is important that there is consistency between Auckland Council and the Auckland
Waterfront Development Agency Ltd in relation to any submissions made.
Financial and Resourcing Implications
There are no financial or resourcing implications for Council in regards to the process of
registration.
Legal and Legislative Implications
The register is compiled under the HPA and maintained by NZHPT. The register identifies and
informs about significant heritage. The register is an information and advocacy tool; the main
function of the register is to provide publically accessible information.
The inclusion of an item or place on the register does not protect it. Protection is often achieved
through a subsequent resource management process under the RMA.
Under the RMA3, entries in the register are matters which the Council must have regard to when
preparing or changing any regional or district plan. The legislation contemplates that councils will
make provision in their plans to ensure the continued preservation and conservation of
items/places on the register. The provisions for protection could be introduced to a plan either at
the time of plan review or could be advanced through a specific plan change.
Further, under the RMA4 any application for resource consent would need to be publically notified
if the consent authority considered that the activity would have adverse effects on the environment
3
4
Sections 66(2)(c)(iia) and 74(2)(b)(iia).
Section 95A(2)
New Zealand Historic Places Trust proposal for the registration of Queen’s Wharf
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that are more than minor. In making that assessment, the consent authority would need to take
into account that the item/place had been registered.
Implementation Issues
Progress is being made with the development of Queen’s Wharf for the Rugby World Cup in 2011.
Work on the under-wharf repairs are underway, the dismantling and storage of Shed 11 has
commenced, and the tender for the construction of the temporary ‘cloud’ building has been let.
These works are in the process of being discussed and agreed between WDA and NZHPT. The
proposed registration would not have any effect on these works.
The longer term plans for Queen’s Wharf, including the potential development of a cruise ship
terminal and the future of Shed 10, is less defined. It is these future works that the registration
may have influence over.
Attachments
There are no attachments for this report.
Signatories
Authors
Dr Roger Blakeley, Chief Planning Officer
New Zealand Historic Places Trust proposal for the registration of Queen’s Wharf
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Governing Body
17 November 2010
Item 16
Delegations to Committees
File No.: CP2010/00329
Executive Summary
The Governing Body now needs to adopt delegations which give effect to the committees
established by His Worship the Mayor.
These are attached.
It is noted that work is still underway on defining the delegations to the Hearings Committee.
Recommendation/s
a)
b)
c)
d)
That the report be received.
That the delegations as attached in Attachment 1 be adopted
That draft delegations to the Hearings Committee be reported back.
That officers be authorised to complete information in the delegations relating to
membership, and any other changes consequential on the Governing Body’s
decisions on membership.
Attachments
No.
Title
A
Terms of Reference and Delegations of the Governing Body’s
Committees, Subcommittees, Forums and Panels
Page
264
Signatories
Authors
Bruce Thomas, Electoral Officer / Public Information Manager
Delegations to Committees
Page 263
Attachment A
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Governing Body
17 November 2010
Recommended
Terms of Reference and Delegations of
the Governing Body’s Committees,
Subcommittees,
Forums and Panels
Delegations to Committees
Page 264
Attachment A
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17 November 2010
Delegations to Committees
Page 265
Attachment A
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17 November 2010
INTRODUCTION
GENERAL PRINCIPLES OF DELEGATION
The following matters cannot legally be delegated to Committees, Subcommittees, Boards, Officers or any other
subordinate decision-making body (Clause 32(1) of Schedule 7 of the Local Government Act 2002):
(a)
the power to make a rate; or
(b)
the power to make a bylaw; or
(c)
the power to borrow money, or purchase or dispose of assets, other than in accordance with the longterm council community plan; or
(d)
the power to adopt a long term council community plan, annual plan, or annual report; or
(e)
the power to appoint a Chief Executive; or
(f)
the power to adopt policies required to be adopted and consulted on under the (Local Government Act
2002) in association with the long-term council community plan or developed for the purpose of the
local governance statement; or
the power to approve or change a plan (RMA).
(g)
When an Act or Regulation empowering the “Council” to carry out a decision-making function, that decision
must be made by way of a resolution of the full Council unless the Act or Regulation, permits delegation to a
Committee, Subcommittee, Local Board or Officer.
Without delegation the operation of the Council and its administration would not be efficient, effective and timely
in delivering services. The business to be transacted by a Council and its administration is large and wideranging, dealing with the details of many Acts and Regulations, the Council’s Plans, Bylaws, and a range of
Council functions and activities.
It is impossible for the elected Council to deal with everything itself. The principle of subsidiarity should
therefore apply, that is, decisions should be made at the lowest possible level commensurate with efficiency and
effectiveness. Generally, the legislation, which the Council uses on a day-to-day basis, provides for
delegations. The terms of reference and delegations in this Register are intended to reflect the principles of
subsidiarity to allow the Council to delegate its powers and functions to the most efficient and effective levels.
The body or person to whom powers are delegated will usually exercise the delegated power, but is not obliged
to do so. The most common circumstances where the body or person with the delegation might choose not to
exercise it are when the matter has become a matter of public notoriety, or the issues are contentious and finely
balanced.
Establishment of Committees
In accordance with Clause (9)(3) of the Local Government (Auckland Council) Act 2009 the Mayor has the
power to establish the committees of the governing bodies and appoint the chairperson of each committee
of the governing body before the other members of the committees are determined.
Committees, Subcommittees and Forums are definitions of Committees in the Standing Orders of the
Governing body:
Committee includes, in relation to the Governing Body:(a)
A committee comprising all the members of the Governing Body;
(b)
A standing committee or special committee appointed by the Governing Body;
(c)
A standing committee or special committee appointed by the Mayor;
(d)
A joint committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002;
(e)
Any subcommittee of a committee described in items (a) (b), (c) or (d) of this definition; and
(f)
A subordinate decision-making body.
Delegations to Committees
Page 266
Forum - Forums hold meetings.for the consideration and formulation of recommendations to the parent
committee for its consideration and decision. Forums also enable the receipt of advice from officers for
discussion between councillors and officers.
Maori Statutory Board - A councillor will be appointed to liaise and work with the Maori Statutory Board.
Item 16
Governing Body
17 November 2010
Panels - The role of the panel will inform the Council. Panels have no decision-making role. Two of these
groups are established by statute:
x
Pacific Peoples Advisory Panel; and
x
Ethnic Advisory Panel.
The work of the Pacific and Ethnic panels will be lead by councillors appointed by the Mayor.
x
Business Advisory Panel;
x
Rural Advisory Panel; and
x
Youth Advisory Panel.
A councillor will be appointed to work with the Social Policy Forum.
DELEGATED POWERS
The Committees and Subcommittees are delegated all statutory powers necessary for them to fulfil their
Terms of Reference, except those powers that cannot be delegated including non-regulatory or other
powers, duties or responsibilities delegated or allocated to Local Boards or Council Controlled Organisations
under the Local Government Act 2002 and its amendments, or any other Act.
AMBIGUITY AND CONFLICT
In the event of ambiguity or conflict between any of the provisions contained in the Delegations Register, with
the result that there is uncertainty or dispute as to which Committee, Subcommittee, Forum or Local Board has
the delegated authority to act in respect of a particular matter, then the Chief Executive will prepare a written
report in respect of that uncertainty or dispute and submit the same to the Mayor (or the Deputy Mayor in the
absence of the Mayor) for consideration and determination. The decision of the Mayor (or Deputy Mayor in the
absence of the Mayor) will be final and binding.
If neither the Mayor nor the Deputy Mayor is available, the decision of the Chief Executive will be final and
binding.
Delegations to Committees
Page 267
Attachment A
Council will also establish three additional advisory panels, each of which will be led by an appointed
councillor:
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AUCKLAND FUTURE VISION COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Auckland Future Vision Committee will have responsibility for:
x
The future and sustainable development of Auckland while promoting the social economic environmental
and cultural wellbeing of its citizens;
x
Preparing and making recommendations to Council’s Governing Body in relation to the spatial plan for
Auckland (“the Auckland Plan”);
x
Submissions on legislative changes including amendments to the Resource Management Act;
x
Consider Area Spatial Plans; and
x
Oversight of City Transformation Projects.
Attachment A
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
Local Government Act 2002;
x
Resource Management Act 1991;
x
Local Government (Auckland Council) Act 2009; and
x
Local Government (Auckland Transitional Provisions) Act 2010.
MEMBERSHIP
Committee of the Whole
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 268
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TRANSPORT COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Transport Committee will have responsibility for:
x
Input into the Auckland Plan in relation to transport issues and aspirations;
x
Advocating on behalf of Auckland to develop and enhance transport and connectivity for the region; and
x
Prepare and recommend Regional Land Transport Strategy and the Auckland Transport Programme.
x
Local Government (Auckland Council) Act 2009;
x
Local Government (Auckland Transitional Provisions) Act 2010
x
Resource Management Act 1991;
x
Land Transport Act 1998; and
x
Land Transport Management Act 2003.
Attachment A
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 269
Attachment A
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17 November 2010
STRATEGY AND FINANCE COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Strategy and Finance Committee will have responsibility for:
x
Development of the Long Term Plan and Annual Plans for recommendation to Council’s Governing Body
for adoption;
x
Maori Statutory Board agreement;
x
Local Board agreements;
x
Treasury and funding functions;
x
Rating policy and initial standardisation;
x
Delegation of powers to subcommittee(s);
x
Dealing with Council’s Governing Body responsibilities for rates collection;
x
Power to develop financial policies for Council’s governing body including rates, investments and borrowing
treasury management and significance policies;
x
Developing alternative revenue streams and sources;
x
Ensuring local board input to the Long Term Plan and financial policies; and
x
To approve the write off of outstanding accounts (excluding rates) and wholly or partly remit fees and
charges up to $500,000.
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
Local Government Act 2002;
x
Local Government (Rating) Act 2002; and
x
Local Government (Auckland Council) Act 2004.
MEMBERSHIP
Committee of the Whole
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 270
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ACCOUNTABILITY AND PERFORMANCE COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Accountability and Performance Committee will have responsibility for:
x
Monitoring the performance of the Council’s Governing Body and Local Boards against the Long Term Plan
and Annual Plan;
x
Monitoring, setting policies and reviewing the performance of the CCO’s against organisational, CCO and
SOI’s targets;
x
Financial performance of Council functions;
x
Dealing with the Council’s responsibilities for the oversight and monitoring of its financial situation and its
audit and risk responsibilities; and
x
Delegation of powers to subcommittee(s).
x
The Council Controlled Organisation Strategy Review Subcommittee;
x
The Chief Executive Review Subcommittee; and
x
The Tenders Procurement Panel.
Attachment A
The Committee will be supported in its work by the following:
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
x
Local Government Act 2002; and
Local government (Auckland Council) Act 2009.
MEMBERSHIP
Committee of the Whole
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 271
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COUNCIL CONTROLLED ORGANISATION STRATEGY REVIEW SUBCOMMITTEE
(A Subcommittee of the Accountability and Performance Committee)
TERMS OF REFERENCE (DELEGATIONS)
Attachment A
The Council Controlled Organisation Strategy Review Subcommittee will be responsible for the oversight of
and provide recommendations to Council in regard to the Council’s interests in its [substantive] CCOs and
any subsidiaries including:
x
To comment on, agree and modification of CCOs accountability documents (including statements of
intent);
x
Consider material transactions for [the substantive] CCOs and make recommendation to the Committee;
x
Monitoring the performance of CCOs; and
x
To develop a policy for the appointment and remuneration of members and appoint members of the CCO
Boards.
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
Local Government Act 2002;
x
Resource Management Act 1991;
x
Companies Act 1987;
x
Port Companies Act 1988;
x
Local Government (Auckland Council) Act 2009; and
x
Local Government (Transitional Provisions) Act 2010.
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 272
CHIEF EXECUTIVE REVIEW SUBCOMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Chief Executive Review Committee is established to review the Chief Executive’s performance during
the 2010/2012 term of the Council and to negotiate terms and conditions of the CE’s employment including
any performance agreement measures and annual remuneration.
Item 16
Governing Body
17 November 2010
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
The Local Government Act 2002;
Attachment A
The Local Government (Auckland Council) Act 2002.
MEMBERSHIP
Mayor
Deputy Mayor
Chair of the Accountability and Performance Committee
Chair of the Strategy and Finance Committee
Chair of the Regional Development and Operations Committee
Quorum:
Three
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 273
Item 16
Governing Body
17 November 2010
TENDERS AND PROCUREMENT SUBCOMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The panel is established to assist the Chief Executive to undertake the management procedure of ensuring
sound probity procedures are followed in relation to procurement of goods and services necessary to deliver
on the work programme and operations outlined in Council’s adopted Annual plan.
The panel will ensure that reasonable purchasing procedures have been followed in awarding contracts and
will provide an efficient mechanism for documenting the approvals for those contracts.
Attachment A
Within a framework where contracts are an operational matter delegated to the Chief Executive, this panel
will consider all tenders beyond the Chief Executive’s financial delegations. The Chief Executive may refer
contracts within his financial delegations to the subcommittee at any time. In such cases, the subcommittee
will consider the tender and any particular issues raised and make recommendations to the Chief Executive.
For contracts over the Chief Executive’s delegation, the [Strategy and Finance Committee or other relevant
Committee or Local Board] must consider the recommendations of the Tenders Panel before making a
decision. All contracts awarded in this way must be included in a quarterly report to the Accountability and
Performance Committee.
From time to time the Subcommittee may advise the Chief Executive and Council on changes to the
Procurement and Contracts probity procedures.
MEMBERSHIP
3 councillors appointed by Council
2 senior management officials (or their alternates in times of absence)
Appropriate Local Board Chairman
Quorum:
Three members, two of whom must be either a councillor and/or the appropriate Local
Board Chair and one officer.
Delegations to Committees
Page 274
REGIONAL DEVELOPMENT AND OPERATIONS COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Regional Development and Operations Committee will have responsibility for determining operational policy
decisions for Council and dealing with associated issues. The committee will also have responsibility for
developing policy and plans to advance the economic, social, cultural and environmental well-being of Auckland
and implement the Auckland Spatial Plan, also authority to delegate powers to subcommittee(s).
Item 16
Governing Body
17 November 2010
x
To exercise and perform all of Council's Governing Body functions, powers and duties relating to the
preparation, approval, monitoring and/or review of objectives, policies, strategic and statutory plans and
instruments, and other methods to achieve integrated and sustainable management of the natural and
physical resources of the region and to ensure the implementation of the Auckland Council’s policies
and plans;
x
To exercise and perform all of Council's Governing Body functions, powers and duties relating to the
preparation, approval, monitoring and/or review of objectives, policies, strategic and statutory plans and
instruments, and other methods to achieve integrated and sustainable development of the region;
x
To deal with matters within the Council’s Governing Body responsibility relating to the formulation of
policy, reporting and monitoring to promote the economic, social and cultural wellbeing of the regional
community;
x
To deal with matters within the Council’s Governing Body responsibility relating to the navigation and
safety functions;
x
To undertake legal responsibilities as define under the Reserves Act 1977 (e.g. concessionary lease
policy and execution, changes in classification, sale of land under the Reserves Act 1977, management
plans);
x
Acquisition of property assets relating to the committees functions as provided for in the LTP;
x
To deal with all matters within the Council’s Governing Body‘s responsibility relating to the provision,
operation, maintenance, use and conservation of parks;
x
To deal with all matters and implementation relating to the Council’s Governing Body‘s Heritage and
Biosecurity functions; and
x
Lead and develop policy, strategy and monitoring of council’s Governing Body‘s art, culture and
recreational activities and to make provisions to meet the demands from growth, social and cultural
change;
x
Determining policy and planning for the open space of the region;
x
Determining high level policy for the provision of recreation and leisure opportunities;
x
Promoting the protection, enhancement and value of heritage resources and biodiversity for the
community;
x
Determining policies for Council’s Governing Body involvement and/or advocacy on social issues;
x
Determining policy and planning for community development and responding to region-wide
communities of interest;
x
The development of the Unitary Plan including plan changes to existing regional and district plans and
providing direction on appeal resolution;
x
Lodging submissions to applications before the Environmental Protection Authority Board of Enquiry or
Environment Court process; and
x
Oversight of the Council’s international relationship programme.
Delegations to Committees
Page 275
Attachment A
The areas covered by this committee may include:
Item 16
Governing Body
17 November 2010
The Committee will have delegated authority to establish councillor forums focused on specific areas of
responsibility These forums do not have decision making powers but can recommend policy and planning
amendments to the Regional Development and Operations committee.
These forums will include, but not be limited to:
x
Social and Community Development;
x
Culture, Arts and Events;
x
Economic Development;
x
Community Safety;
x
Environment and Sustainability;
x
Parks and Heritage; and
x
District Plan and Urban Design.
Attachment A
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
Resource Management Act 1991;
x
Local Government Act 2002;
x
Soil Conservation & Rivers Control Act 1941;
x
Maritime Transport Act 1994;
x
Marine Pollution Act 1974;
x
Hauraki Gulf Marine Park Act 2000;
x
Reserves Act 1977;
x
Biosecurity Act 1993;
x
Hazardous Substances and New Organisms Act 1996;
x
Litter Act 1979;
x
Local Government (Auckland) Amendment Act 2004;
x
Land Transport Act 1998;
x
Land Transport Management Act 2003;
x
Hauraki Gulf Marine Park Act 2000; and
x
Auckland Ranges Protection Act 2008.
MEMBERSHIP
Council of the whole
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 276
Item 16
Governing Body
17 November 2010
SOCIAL AND COMMUNITY DEVELOPMENT FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
The Social and Community Development Forum will be responsible for:
x
Considering and recommending to the Regional Development and Operations Committee policy for
council involvement and/or advocacy on social issues;
x
Policy and planning for community development and responding to communities of interest;
x
Social and community aspects of the Council’s Governing Body functions;
x
Advocating on behalf of Auckland, matters relating to the social issues and community development; and
x
Engaging with local boards on social and community issues.
Attachment A
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 277
Item 16
Governing Body
17 November 2010
CULTURE, ARTS AND EVENTS FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
The Culture, Arts and Events Forum will be responsible for:
x
Considering and making recommendations to the Regional Development and Operations Committee in
relation to:
-
policy and planning for arts and culture provision at a professional and community level;
-
Policy and planning for provision of community culture, arts and event aspects of the Council’s future.
x
Advocating on behalf of Auckland, matters relating to the culture, arts and events; and
x
Engaging with local boards on culture, arts and event issues.
Attachment A
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 278
Item 16
Governing Body
17 November 2010
ECONOMIC FORUM
TERMS OF REFERENCE (DELEGATIONS)
(Reports to the Regional Development and Operations Committee)
The Economic Forum will be responsible for:
x
Considering and making recommendations tothe Regional Development and Operations Committee in
relation to the economic development of Auckland;
x
Advocate on behalf of Auckland on matters relating to economic development; and
x
Engaging with local boards on economic issues.
MEMBERSHIP
Quorum:
Attachment A
TBA
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 279
Item 16
Governing Body
17 November 2010
COMMUNITY SAFETY FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
The Community Safety Forum will be responsible for:
x
Considering and recommending to the Regional Development and Operations Committee community
safety aspects of the Council’s future; and
x
Engaging with local boards on community safety issues.
Attachment A
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 280
Item 16
Governing Body
17 November 2010
ENVIRONMENT AND SUSTAINABILITY FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
The Environment and Sustainable Forum will:
x
Consider and make recommendations to the Regional Development and Operations Committee in relation
to high level policies on environmental and sustainability issues; and
x
Engaging with local boards on environment and sustainable issues.
MEMBERSHIP
Quorum:
Attachment A
TBA
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 281
Item 16
Governing Body
17 November 2010
PARKS, RECREATION AND HERITAGE FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
Attachment A
The Parks, Recreation and Heritage Forum will:
x
Consider and make recommendations to the Regional Development and Operations Committee in relation
to regional parks, recreation and heritage issues;
x
Review reserve management plans for regional parks or significant open space areas allocated to the
Governing Body;
x
Consider and make recommendations in relation to initiatives to the Regional Development and Operations
Committee that have not been delegated to Local Boards concerning:
x
-
The open space, parks, beaches and walkways within the Governing Body’s area of responsibility;
-
The regional development and use of sport and recreation facilities;
-
Flora and fauna, biodiversity, heritage buildings and sites, landscapes; and
-
The acquisition, development and use of cemeteries and crematoriums in the region.
Engaging with local boards on parks, recreation and heritage issues.
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 282
Item 16
Governing Body
17 November 2010
PLANNING AND URBAN DESIGN FORUM
(Reports to the Regional Development and Operations Committee)
TERMS OF REFERENCE (DELEGATIONS)
The Planning and Urban Development Design Forum will be responsible for:
x
Considering and recommending to the Regional Development and Operations Committee planning and
policies for:
-
managing the impact of residential and business growth in Auckland;
-
Improving the quality of the built environment and the look and feel of the city;
-
development of the Unitary Plan; plan changes to existing regional and district plans; and
-
liaise with the Design Panel.
Engaging with local boards on planning and urban design issues.
Attachment A
x
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
TBA
Page 283
Item 16
Governing Body
17 November 2010
HEARINGS COMMITTEE
Details to follow
Attachment A
Note the Chairman of the Hearings Committee has raised a number of issues. These matters are currently
being addressed and the delegations will follow in a separate document.
Delegations to Committees
Page 284
REGULATORY AND BYLAWS COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Regulatory and Bylaws Committee will be responsible for:
x
Considering and making recommendations to the Governing Body regarding the regulatory and bylaw
delegations to Local Boards;
x
District Licensing Agency for Auckland Council;
x
Regulatory fees and charges in accordance with the funding policy;
x
Recommend to Governing Body Special Consultative Procedures for Bylaws;
x
Review Local Board proposed bylaws and recommend to Governing Body;
x
Set regulatory policy and maintain an oversight of regulatory performance;
x
Engaging with local boards on bylaw development and review ; and
x
Exercising the Council's powers, duties and discretions under the Sale of Liquor Act 1989 as the
Auckland District Licensing Agency.
In its capacity as the Auckland District Licensing Agency the committee’s delegated powers include but are not
limited to hearing and determining applications under the Sale of Liquor Act 1989 to which objections have been
received. Note: The authority can delegate powers to the secretary (section 102) or to a sub-committee, where
they relate to an application under the Sale of Liquor Act 1989 to which no objections have been received;
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
Local Government Act 2002;
x
Resource Management Act 1991;
x
Sale of Liquor Act 1989; and
x
All Bylaws.
MEMBERSHIP
TBA
Quorum:
TBA
FREQUENCY OF MEETINGS
Delegations to Committees
Monthly
Page 285
Attachment A
Item 16
Governing Body
17 November 2010
Attachment A
Item 16
Governing Body
17 November 2010
AUDIT AND RISK COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Audit and Risk Committee will be responsible for:
x
Dealing with the Council’s risk responsibilities;
x
Dealing with Council responsibilities for the oversight and monitoring;
x
Considering the scope and focus of Council’s internal audit functions;
x
Monitoring implementation of internal and external audit report recommendations;
x
Monitoring the adequacy of Council’s internal control procedures and compliance with material laws and
policies; and
x
Reviewing and approving Council’s accounting policies and/or changes thereto.
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Quarterly
Page 286
CIVIL DEFENCE AND EMERGENCY MANAGEMENT COMMITTEE
TERMS OF REFERENCE (DELEGATIONS)
The Civil Defence and Emergency Management Committee will be responsible for:
x
Being Auckland’s strategic forum for civil defence and emergency management planning and policy;
x
Establishing an emergency management structure for the Auckland region;
x
Develop, approve, implement and monitor the Auckland Civil Defence Emergency Management Group
Plan;
x
Performing the statutory functions of a civil defence emergency management group;
x
Representing Auckland in the development of national emergency management policy;
x
To develop policy for and monitor the Auckland Council’s civil defence, emergency management and
natural hazards functions; and
x
Engage with Local Boards on civil defence and emergency management issues.
The Civil Defence and Emergency Management Group Committee will exercise the statutory powers outlined in
the Civil Defence Emergency Management Act 2002 and the Auckland Civil Defence Emergency Management
Group Plan.
The Civil Defence and Emergency Management Group Committee is authorised to approve use of the
established emergency funding facility provided for emergency management.
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
x
x
Civil Defence and Emergency Management Act 2002; and
Hazardous Substances and New Organisms Act 1996.
MEMBERSHIP
TBA
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
Quarterly
Page 287
Attachment A
Item 16
Governing Body
17 November 2010
Item 16
Governing Body
17 November 2010
BUSINESS ADVISORY PANEL
TERMS OF REFERENCE (DELEGATIONS)
The purposes of the Business Advisory Panel shall be as follows:
Attachment A
x
Identify and communicate to the Council the interests and preferences of the business community of
Auckland in relation to:
-
the content of the strategies, policies, plans, and bylaws of the Council- especially the economic
development strategy; and
-
any matter that the Panel considers to be of particular interest or concern to the business
community of Auckland.
x
Advise the Mayor and the Council’s governing body and local boards, of the Council processes and
mechanisms for engagement with the business community in Auckland; and
x
Engage with Local Boards on business issues.
MEMBERSHIP
Representation to be determined by the Panel Chairperson and Mayor in consultation with relevant officers.
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
As required
Page 288
Item 16
Governing Body
17 November 2010
RURAL ADVISORY PANEL
TERMS OF REFERENCE (DELEGATIONS)
The purposes of the Rural Advisory Panel shall be as follows:
Identify and communicate to the Council the interests and preferences of the rural community of
Auckland in relation to:
-
the content of the strategies, policies, plans, and bylaws of the Council, especially the economic
development strategy; and
-
any matter that the Panel considers to be of particular interest or concern to the rural community of
Auckland.
x
Advise the Mayor and the Council’s governing body and local boards, of the Council processes and
mechanisms for engagement with the rural community in Auckland;
x
Engage with Local Boards on rural issues.
MEMBERSHIP
Rodney Ward Councillor
Franklin Ward Councillor
Further representation to be determined by the Panel Chairperson and Mayor in consultation with relevant
officers.
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
As required
Page 289
Attachment A
x
Item 16
Governing Body
17 November 2010
YOUTH ADVISORY PANEL
TERMS OF REFERENCE (DELEGATIONS)
The purposes of the Youth Advisory Panel will be as follows:
Attachment A
x
Identify and communicate to the Council the interests and preferences of the youth of Auckland in
relation to:
-
the content of the strategies, policies, plans, and bylaws of the Council, especially the economic
development strategy; and
-
any matter that the Panel considers to be of particular interest or concern to the youth of Auckland.
x
Advise the Mayor and the Council’s governing body and local boards, of the Council processes and
mechanisms for engagement with the youth in Auckland;
x
Engage with Local Boards on youth issues.
MEMBERSHIP
Representation to be determined by the Panel Chairperson and Mayor in consultation with relevant officers.
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Delegations to Committees
As required
Page 290
Item 16
Governing Body
17 November 2010
SPECIAL PURPOSE COMMITTEES
HAURAKI GULF FORUM (Joint Committee)
TERMS OF REFERENCE (DELEGATIONS)
The purpose of the Forum is established in Section 15 of the Hauraki Gulf Marine Park Act 2000 Act to:
x
Integrate the management and, where appropriate, to promote the conservation and management in a
sustainable manner, of the natural, historic and physical resources of the Hauraki Gulf, its islands, and
catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand;
x
Facilitate communication, cooperation, and coordination on matters relating to the statutory functions of
the constituent parties in relation of the Hauraki Gulf, its islands and catchments and the Forum; and
x
Recognise the historic, traditional, cultural and spiritual relationship of tangata whenua with the Hauraki
Gulf, its islands, and where appropriate, its catchments.
x
Attachment A
RELEVANT LEGISLATION INCLUDES BUT IS NOT LIMITED TO
Hauraki Gulf Marine Park Act 2000 Act.
MEMBERSHIP
1 representative appointed by the Minister
1 representative appointed by the Minister of Fisheries
1 representative appointed by the Minister of Maori Affairs
7 representatives appointed by the Auckland Council (should this include Waiheke and Great Barrier local
boards)
1 representative appointed by each of the following local authorities:
Hauraki District Council
Matamata-Piako District Council
Thames-Coromandel District Council
Waikato District Council
Waikato Regional Council
6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after
consultation with the tangata whenua and the Minister of Maori Affairs
The representatives appointed must:
a)
b)
be members of:
i)
the Auckland Council; or
ii)
a local board of the Auckland Council elected in accordance with the Local Electoral Act
2001; and
include 1 member of each of the Great Barrier Island and Waiheke local boards.
The representatives must be members of the local authority elected in accordance with the Local Electoral
Act 2001.
If two-thirds or more of the constituent parties agree, a local authority whose powers and functions may
have an effect on the Hauraki Gulf, its islands, and catchments, and whose inclusion in the Forum will
further the interests of the Forum and of the Hauraki Gulf may join the Forum as a constituent party and
appoint a representative to the Forum.
Delegations to Committees
Page 291
Quorum:
Half if even number of members or half plus one if odd numbers of members.
FREQUENCY OF MEETINGS
Attachment A
Item 16
Governing Body
17 November 2010
Delegations to Committees
Page 292
Governing Body
17 November 2010
Item 17
Membership of Committees
File No.: CP2010/00327
Executive Summary
His Worship the Mayor has invited expressions of interest from councillors for membership of
committees, sub-committees and forums.
At the time of printing the agenda the list of members was as attached. It is noted that in some
cases the membership is over-subscribed in terms of the suggested numbers.
The delegations to the Hearings Committee had not been finalised and it is recommended that
appointments to this Committee be deferred.
Recommendation/s
a)
b)
c)
d)
That the report be received.
That the following committees be committees of the whole of the governing body:
i)
Auckland Future Vision
ii)
Auckland Future Vision Committee
iii)
Strategy & Finance Committee
iv)
Accountability & Performance Committee
v)
Regional Development & Operations Committee
That members be appointed to the following committees and sub-committees
(noting that the mayor has appointed the chairs):
i)
CCO Strategy & Appointments Sub-Committee
ii)
CEO Review Sub-Committee
iii)
Regulatory and Bylaws Committee
iv)
Audit and Risk Committee
v)
Civil Defence and Emergency Management Group
That members be appointed to the following Forums and Panels and that
chairpersons be confirmed:
i)
Social & Community Forum
ii)
Economic Forum
iii)
Community Safety Forum
iv)
Environment & Sustainability Forum
v)
Culture, Arts & Events Forum
vi)
District Plan & Urban Design Forum
vii)
Parks and Heritage Forum
viii)
Tenders and Procurement Panel
Attachments
No.
Title
A
Membership of Committees, Sub-committees, Forums and Panels
Page
294
Signatories
Authors
Warwick McNaughton - Governance Support Manager
Membership of Committees
Page 293
Item 17
Governing Body
17 November 2010
Membership of Committees, Sub-committees, Forums and Panels
Committees of the whole:
Auckland Future Vision Committee
Strategy & Finance Committee
Accountability & Performance Committee
Regional Development & Operations Committee
Committees & sub-committees:
Attachment A
Transport Committee (Monthly+ 7)
MIKE LEE
WAYNE WALKER
RICHARD NORTHEY
GEORGE WOOD
PENNY WEBSTER
JAMI-LEE ROSS
CHRISTINE FLETCHER
CCO Strategy & Appointments
Sub-Committee (Monthly 7)
LEN BROWN
PENNY HULSE
RICHARD NORTHEY
JAMI-LEE ROSS
PENNY WEBSTER
ANN HARTLEY
JOHN WALKER
CEO Review Sub-Committee (Quarterly 5)
LEN BROWN
PENNY HULSE
RICHARD NORTHEY
CHRISTINE FLETCHER
PENNY WEBSTER
ANN HARTLEY
Tenders & Procurement
Panel (Weekly 3)
JAMI-LEE ROSS
DES MORRISON
ARTHUR ANAE
Hearings
Committee (As required TBC)
NOELENE RAFFILLS
- NB – Membership to be notified after decisions on delegations.
Regulatory & Bylaws
Committee (Monthly 7)
DES MORRISON
CALUM PENROSE
JAMI-LEE ROSS
NOELENE RAFFILLS
ALF FILIPAINA
JOHN WALKER
Audit & Risk
Committee (Quarterly 5)
SHARON STEWART
Membership of Committees
Page 294
Item 17
Governing Body
17 November 2010
RICHARD NORTHEY
GEORGE WOOD
PENNY WEBSTER
WAYNE WALKER
Civil Defence and Emergency Management Group (Quarterly 5)
MICHAEL GOUDIE
ALF FILIPAINA
GEORGE WOOD
SHARON STEWART
CALUM PENROSE
Forums:
Attachment A
Social & Community Forum (Monthly 7)
CATHY CASEY
ALF FILIPAINA
RICHARD NORTHEY
GEORGE WOOD
SHARON STEWART
PENNY HULSE
CALUM PENROSE
WAYNE WALKER
SANDRA CONEY
Economic Forum (Monthly 7)
ARTHUR ANAE
ANN HARTLEY
MIKE LEE
GEORGE WOOD
PENNY HULSE
DES MORRISON
PENNY WEBSTER
CHRISTINE FLETCHER
CAMERON BREWER
RICHARD NORTHEY
WAYNE WALKER
SANDRA CONEY
Community Safety Forum (Monthly 7)
GEORGE WOOD
ANN HARTLEY
CATHY CASEY
SHARON STEWART
PENNY HULSE
CALUM PENROSE
JOHN WALKER
Environment & Sustainability Forum (Monthly 7)
WAYNE WALKER
MIKE LEE
ANN HARTLEY
PENNY HULSE
SANDRA CONEY
NOELENE RAFFILLS
DES MORRISON
Culture, Arts & Events Forum (Monthly 7)
ALF FILIPAINA
ANN HARTLEY
Membership of Committees
Page 295
Attachment A
Item 17
Governing Body
17 November 2010
CATHY CASEY
MICHAEL GOUDIE
SHARON STEWART
ARTHUR ANAE
NOELENE RAFFILLS
RICHARD NORTHEY
District Plan & Urban Design Forum (Monthly 7)
CAMERON BREWER
MIKE LEE
ANN HARTLEY
RICHARD NORTHEY
MICHAEL GOUDIE
ARTHUR ANAE
DES MORRISON
PENNY WEBSTER
NOELENE RAFFILLS
CHRISTINE FLETCHER
WAYNE WALKER
SANDRA CONEY
Parks & Heritage Forum (Monthly 7)
SANDRA CONEY
MIKE LEE
ALF FILIPIANA
ANN HARTLEY
PENNY WEBSTER
JOHN WALKER
NOELENE RAFFILLS
CHRISTINE FLETCHER
MICHAEL GOUDIE
SHARON STEWART
WAYNE WALKER
Membership of Committees
Page 296
Governing Body
17 November 2010
Item 18
Schedule of Meetings for November and December
2010
File No.: CP2010/00312
Executive Summary
At its meeting on 2 November 2010 the Governing Body adopted a schedule of meetings for
November and December 2010.
There is a need for additional meetings or workshops. An amended schedule is attached with
changes highlighted in bold. The first meeting of the Civil Defence and Emergency Management
Group Committee will take place in February 2011 and does not appear on the schedule.
There may be other issues that arise over the remainder of the year that make it desirable to make
additions or changes to meetings or to cancel meetings. The Governing Body is asked to confirm
the ability of the Mayor (in the case of the Governing Body), chair of the appropriate committee,
sub-committee, panel or forum, or, in the case of a workshop the CEO, to approve further changes
to the schedule provided the requirements of the Local Government Act 2002 (in regard to notice
to members) and the Local Government Official Information and Meetings Act 1987 (in regard to
public notification) are complied with.
In particular, it is noted that the CCO Strategy and Appointments Sub-committee will need to be
called earlier than scheduled. At the time of the printing of the agenda, a date had not been
identified.
Recommendation/s
a)
b)
c)
d)
That the report be received.
That the amended schedule of meetings for November and December 2010 be
adopted.
That the Mayor (in the case of the Governing Body), or chair of the appropriate
committee, sub-committee, panel or forum, or, in the case of a workshop, the CEO,
have the power to approve further changes to the schedule provided the
requirements of the Local Government Act 2002 (in regard to notice to members)
and the Local Government Official Information and Meetings Act 1987 (in regard to
public notification) are complied with.
That venue arrangements and changes (if required) be finalised by the Manager
Democracy Services
Attachments
No.
Title
A
Schedule of meetings for November and December 2010
Page
298
Signatories
Authors
Warwick McNaughton - Governance Support Manager
Schedule of Meetings for November and December 2010
Page 297
Item 18
Governing Body
17 November 2010
Schedule of meetings for November and December 2010
Meeting venues will be at the Auckland Town Hall or as arranged by the Manager Democracy Services. In
general, meetings involving all councillors and open to the public will be held in the Reception Lounge.
Workshops and smaller meetings will be held in the Council Chambers or Meeting Room, Ground Floor,
Town Hall.
November 2010
Attachment A
NOVEMBER - WEEK THREE
Monday 15 November
1pm
Maori Statutory Board
(preceded by a powhiri at 10am)
Pitt Street
Chambers
Tuesday 16 November
9.30am
Informal briefings
(If required)
Council Chamber
Wednesday 17
November
9.30am
Governing body meeting
Reception Lounge
All-day
Councillors strategy and action
planning session
Thursday 18 November
Friday 19 November
Saturday 20 November
NOVEMBER - WEEK FOUR
Monday 22 November
Tuesday 23 November
Wednesday 24
November
Thursday 25 November
Friday 26 November
9.30am
Regional Development &
Operations Committee
Reception Lounge
11.30am
– 2.30pm
Informal workshop on
submission to MFE on
“Building competitive cities:
Reform of the urban and
infrastructure planning system”
Council Chamber
3.00pm
Forum (Social & Community
Development)
Council Chamber
9.30am
Accountability and Performance
Committee
Reception Lounge
1.00pm
Tenders and Procurement Panel
Meeting Room
2.00pm
Forum (Culture, Arts & Events)
Council Chamber
9.30am
Transport Committee
Council Chamber
1.30pm
Forum (Economic Development)
Council Chamber
9.30 am
(all day)
Budget Briefing workshop
Council Chamber
Schedule of Meetings for November and December 2010
Page 298
Item 18
Governing Body
17 November 2010
December 2010
DECEMBER - WEEK ONE
Tuesday 30 November
Wednesday 1
December
Thursday 2 December
9.30am
Auckland Future Vision
Committee
Reception Lounge
1.30pm
Forum (Community Safety)
Council Chamber
9.30am
Audit & Risk Committee
Council Chamber
1.00pm
Tenders and Procurement Panel
Meeting Room
2.00pm
Forum (Environment &
Sustainability)
Council Chamber
9.30am
CCO Strategy & Appointments
Sub-committee
Reception Lounge
1.30pm
Forum (Parks & Heritage)
Council Chamber
9.30am
Strategy and Finance Committee
Reception Lounge
1.30pm
Forum (District Plan & Urban
Design)
Council Chamber
9.30am
Hearings Committee
Council Chamber
1.00pm
Tenders & Procurement Panel
Meeting Room
Attachment A
Monday 29 November
Friday 3 December
DECEMBER - WEEK TWO
Monday 6 December
Tuesday 7 December
Wednesday 8
December
Thursday 9 December
Friday 10 December
DECEMBER - WEEK THREE
Monday 13 December
All-day
Two-day workshop for the
Strategy and Finance
Committee on Annual Plan
direction setting
Council Chamber
Tuesday 14 December
All-day
Two-day workshop for the
Strategy and Finance
Committee on Annual Plan
direction setting
Council Chamber
Schedule of Meetings for November and December 2010
Page 299
Item 18
Governing Body
17 November 2010
Wednesday 15
December
Thursday 16 December
9.30am
Regulatory & Bylaws
Committee
Council Chamber
1.00pm
Tenders & Procurement Panel
Meeting Room
2.00pm
CEO Review Subcommittee
Meeting Room
9.30am
Governing Body
Reception Lounge
Friday 17 December
DECEMBER - WEEK FOUR
Attachment A
Monday 20 December
NO MEETINGS THIS WEEK
Tuesday 21 December
Wednesday 22
December
Thursday 23 December
Friday 24 December
Schedule of Meetings for November and December 2010
Page 300
Governing Body
17 November 2010
Item 19
Appointments to Hauraki Gulf Forum
File No.: CP2010/00328
Executive Summary
Attached is the legislative background setting out the purposes, functions and powers of the
Hauraki Gulf Forum. The membership is comprised of:
(2) The Forum consists of the following representatives:
(a) 1 representative appointed by the Minister [of Conservation]:
(b) 1 representative appointed by the Minister of Fisheries:
(c) 1 representative appointed by the Minister of Maori Affairs:
(ca) 7 representatives appointed by the Auckland Council:
(d) 1 representative appointed by each of the following local authorities:
ƒ (iv) Hauraki District Council:
ƒ (vi) Matamata-Piako District Council:
ƒ (ix) Thames-Coromandel District Council:
ƒ (x) Waikato District Council:
ƒ (xi) Waikato Regional Council:
(e) 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by
the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.
(2A) The representatives appointed in accordance with subsection (2)(ca) must—
(a) be members of —
(i) the Auckland Council; or
(ii) a local board of the Auckland Council elected in accordance with the Local
Electoral Act 2001; and
(b) include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
Of the seven members appointed by the Auckland Council, two are to be members of the Great
Barrier Island and Waiheke Local Boards.
The next meeting of the Forum will be held in February 2011.
Work on reporting back appointments to other organisations is proceeding. In the event that
urgent appointments need to be made, it is recommended that the power to make appointments is
delegated to all committees of the whole between now and the next meeting of the Governing
Body on 16 December 2010.
Recommendation/s
a)
b)
c)
d)
That the report be received.
That the Governing Body makes appointments of 5 members to the Hauraki Gulf
Forum on behalf of the Auckland Council
That the Great Barrier and Waiheke Island Local Boards make one appointment
each on behalf of the Auckland Council.
That all committees of the whole be delegated power to make appointments to
outside organisations, from this meeting until the next Governing Body meeting on
16 December 2010, in case there is a need for urgent appointments.
Appointments to Hauraki Gulf Forum
Page 301
Governing Body
17 November 2010
Item 19
Attachments
No.
Title
A
Hauraki Gulf Marine Park Act 2000 – Relevant Legislation
Page
303
Signatories
Authors
Warwick McNaughton - Governance Support Manager
Appointments to Hauraki Gulf Forum
Page 302
Governing Body
17 November 2010
Item 19
HAURAKI GULF MARINE PARK ACT 2000 – RELEVANT LEGISLATION HGF
SECTION3 PURPOSE OF THE ACT
The purpose of this Act is to—
(a) integrate the management of the natural, historic, and physical resources of the
Hauraki Gulf, its islands, and catchments:
(b) establish the Hauraki Gulf Marine Park:
(c) establish objectives for the management of the Hauraki Gulf, its islands, and
catchments:
(d) recognise the historic, traditional, cultural, and spiritual relationship of the tangata
whenua with the Hauraki Gulf and its islands:
SECTION 15 PURPOSES OF FORUM
The Forum has the following purposes:
(a)
to integrate the management and, where appropriate, to promote the conservation and
management in a sustainable manner, of the natural, historic, and physical resources of the
Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and
communities of the Gulf and New Zealand:
(b)
to facilitate communication, co-operation, and co-ordination on matters relating to the
statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and
catchments, and the Forum:
(c)
to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua
with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
SECTION 16 ESTABLISHMENT OF THE FORUM
(1) A body called the Hauraki Gulf Forum is established.
(2) The Forum consists of the following representatives:
(a) 1 representative appointed by the Minister [of Conservation]:
(b) 1 representative appointed by the Minister of Fisheries:
(c) 1 representative appointed by the Minister of Maori Affairs:
(ca) 7 representatives appointed by the Auckland Council:
(d) 1 representative appointed by each of the following local authorities:
ƒ (iv) Hauraki District Council:
ƒ (vi) Matamata-Piako District Council:
ƒ (ix) Thames-Coromandel District Council:
ƒ (x) Waikato District Council:
ƒ (xi) Waikato Regional Council:
Appointments to Hauraki Gulf Forum
Page 303
Attachment A
(e) establish the Hauraki Gulf Forum.
Item 19
Governing Body
17 November 2010
(e) 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed
by the Minister, after consultation with the tangata whenua and the Minister of Maori
Affairs.
(2A) The representatives appointed in accordance with subsection (2)(ca) must—
(a) be members of —
ƒ (i) the Auckland Council; or
ƒ (ii) a local board of the Auckland Council elected in accordance with the
Local Electoral Act 2001; and
(b) include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
SECTION 17 FUNCTIONS OF FORUM
Attachment A
1)
2)
To promote sections 7 and 8, the Forum has the following functions in relation to the
Hauraki Gulf, its islands, and catchments:
a)
to prepare a list of strategic issues, determine a priority for action on each issue,
and regularly review that list:
b)
to facilitate and encourage co-ordinated financial planning, where possible, by the
constituent parties:
c)
to obtain, share, and monitor information on the state of the natural and physical
resources:
d)
to receive reports on the completion and implementation of deeds of recognition:
e)
to require and receive reports from constituent parties on the development and
implementation of policies and strategies to address the issues identified under
paragraph (a):
f)
to receive reports from the tangata whenua of the Hauraki Gulf on the
development and implementation of iwi management or development plans:
g)
to prepare and publish, once every 3 years, a report on the state of the
environment in the Hauraki Gulf, including information on progress towards
integrated management and responses to the issues identified in accordance with
paragraph (a):
h)
to promote and advocate the integrated management and, where appropriate, the
sustainable management of the Hauraki Gulf, its islands, and catchments:
i)
to encourage, share, co-ordinate where appropriate, and disseminate educational
and promotional material:
j)
to liaise with, and receive reports from, persons and groups having an interest in
the Hauraki Gulf and business and community interests to promote an interest in
the purposes of the Forum:
k)
to commission research into matters relating to the functions of the Forum.
When carrying out its functions under subsection (1), the Forum must have particular
regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with
the natural, historic, and physical resources of the Hauraki Gulf, its islands, and
catchments.
Appointments to Hauraki Gulf Forum
Page 304
Governing Body
17 November 2010
The Forum has the powers that are reasonably necessary to carry out its functions.
(2)
The Forum's powers include the powers—
(3)
(a)
to consider issues related to its purpose; and
(b)
to receive reports from constituent parties; and
(c)
to make recommendations to constituent parties; and
(d)
to advise any person who requests the Forum's advice; and
(e)
to commission or undertake those activities that are necessary to achieve its
purpose.
The Forum must not—
(a)
appear before a court or tribunal other than as a witness if called by a party to
proceedings; or
(b)
take part in a decision-making process under any enactment other than to advise
when requested to do so.
SECTION 22 FORUM TO BE JOINT COMMITTEE
(1) Subject to section 28, the Forum is to be treated as a joint committee of the constituent local
authorities appointed under clause 30(1)(b) of Schedule 7 of the Local Government Act
2002.
(2) Clauses 20, 22, 23, 24, 26, 28, 29, 30(2), and 30(4) to (10) of Schedule 7 of the Local
Government Act 2002 apply with any necessary modifications to the Forum.
(3) The Forum may appoint such subcommittees as it considers appropriate.
SECTION 27 POWERS AND OBLIGATIONS OF AUCKLAND COUNCIL
The Auckland Council must store the Forum's records and make them available when the Forum
requires.
Section 27: substituted, on 1 November 2010, by section 113(1) of the Local Government
(Auckland Transitional Provisions) Act 2010 (2010 No 37).
Appointments to Hauraki Gulf Forum
Page 305
Attachment A
(1)
Item 19
SECTION 18 POWERS OF FORUM
Governing Body
17 November 2010
Item 20
Records of Briefings/Workshops held on 4 and 10
November 2010
File No.: CP2010/00315
Executive Summary
Attaching records of Briefings/Workshops held on 4 and 10 November 2010 for approval.
Recommendation/s
a)
That the records of the Briefings/Workshops held on 4 and 10 November 2010 be
approved.
Attachments
No.
Title
Page
A
Record of 4 November 2010 Briefing/Workshop
308
B
10November 2010 Record of Briefing
310
Signatories
Authors
Warwick McNaughton - Governance Support Manager
Records of Briefings/Workshops held on 4 and 10 November 2010
Page 307
Attachment A
Item 20
Governing Body
17 November 2010
Records of Briefings/Workshops held on 4 and 10 November 2010
Page 308
Governing Body
17 November 2010
Auckland Town Hall, Council Chambers
Date:
Thursday 4 November 2010 at 9.30 a.m.
Attendees:
Mayor
Deputy Mayor
Councillors
Len Brown
Penny Hulse
Arthur Anae
Cameron Brewer
Dr Cathy Casey
Sandra Coney
Alf Filipaina
Chris Fletcher
Michael Goudie
Ann Hartley
Mike Lee
Des Morrison
Richard Northey
Calum Penrose
Noelene Raffills
Jami-Lee Ross
Sharon Stewart
Sir John Walker
Wayne Walker
Penny Webster
George Wood
Proceedings
By whom
Introduction and Mayor’s Vision.
Mayor
Recap – International spatial planning; potential Auckland Straw-man
Spatial Plan; the importance of place.
Ree
Anderson
Councillor workshop and discussion - councillors broke into
discussion groups by table regarding key questions contained in Dr
Blakeley’s memo (Councillors were provided with a booklet which they
brought to the meeting).
All councillors
Councillors reported back on points raised in their discussion groups.
Table
spokesperson
Dr Blakeley
Dr Blakeley concluded the spatial planning discussion and talked of
where to from here.
Westfield St Lukes Briefing – following a presentation from Penny
Pirrit, supported by Bill Loutit from Simpson Grierson, it was decided
that further discussion was required on this matter.
Penny Pirrit
Grant Taylor, ATA gave presentations on the following matters:
Grant Taylor
(i)
(ii)
Attachment A
Meeting Room:
Item 20
Record of Councillor Briefing/Workshop
Delegations of bylaw responsibilities to Local Boards.
Use of Independent Commissioners.
Conclusion.
Mayor
The workshop concluded at 1.05 p.m.
Records of Briefings/Workshops held on 4 and 10 November 2010
Page 309
Item 20
Governing Body
17 November 2010
Record of Councillor Briefing/Workshop
Meeting Room:
Auckland Town Hall, Council Chambers
Date:
Wednesday 10 November 2010 at 9.30 a.m.
Attendees:
Deputy Mayor
Councillors
Penny Hulse
Attachment B
Cameron Brewer
Dr Cathy Casey
Sandra Coney
Alf Filipaina
Chris Fletcher
Michael Goudie
Ann Hartley
Des Morrison
Richard Northey
Calum Penrose
Noelene Raffills
Jami-Lee Ross
Sharon Stewart
Sir John Walker (until 10.30 a.m.)
Wayne Walker
Penny Webster (from 10.15 a.m.)
George Wood
Proceedings
By whom
Grant Taylor, ATA, gave a presentation on the Co-governance Model
– responsibilities of the Governing Body, supported by Manager Local
Board Services Department, Karen Lyons.
Grant Taylor
Karen Lyons
Conclusion.
Deputy Mayor
The workshop concluded at 12.10 p.m.
Records of Briefings/Workshops held on 4 and 10 November 2010
Page 310
Governing Body
17 November 2010
Item 22
Meeting Schedule 2011
File No.: CP2010/00320
Executive Summary
A draft month of meetings for 2011 is attached. A full schedule for the 2011 year will be reported
to the next meeting.
The draft monthly schedule is based around making Tuesdays the days when all councillors will
be in attendance for a committee of the whole of council. Because all councillors will be present
on Tuesdays, another meeting is scheduled for the afternoon of the same day.
The Hearings and Regulatory & Bylaws Committees are scheduled without any other meetings in
the afternoon in case a full day is needed for a hearing.
Forums held early in the month will allow discussion on matters that will be reported to the
Regional Development and Operations Committee later in the month. Those held following the
Committee meeting will report to the following month’s Committee meeting.
There are two scheduled Governing Body informal briefings per month if required.
Mondays and Fridays are left clear for boards, panels and quarterly meetings.
The final schedule will take account of meetings of Auckland Transport, which, for 2011 are held
on Wednesdays but vary between the third, fourth and fifth Wednesdays of the month.
Recommendation/s
a)
That the report be received.
Attachments
No.
Title
A
Draft monthly schedule for 2011
Page
312
Signatories
Authors
Warwick McNaughton - Governance Support Manager
Meeting Schedule 2011
Page 311