Kaipātiki Local Board

OPEN MINUTES

Minutes of a meeting of the Kaipātiki Local Board held virtually by Skype for Business on Wednesday, 18 August 2021 at 10.09am. Either a recording or written summary will be uploaded to the website.

PRESENT

Chairperson John Gillon Deputy Chairperson Danielle Grant, JP Members Paula Gillon Melanie Kenrick Cindy Schmidt Andrew Shaw Adrian Tyler

Kaipātiki Local Board 18 August 2021

1 Welcome

Chairperson John Gillon opened the meeting followed by Member Adrian Tyler leading the meeting with a karakia.

2 Apologies

There were no apologies.

3 Declaration of Interest

There were no declarations of interest.

4 Confirmation of Minutes

Resolution number KT/2021/121 MOVED by Deputy Chairperson D Grant, seconded by Member A Tyler: That the Kaipātiki Local Board: a) confirm the ordinary minutes of its meeting, held on Wednesday, 21 July 2021, as true and correct. CARRIED

5 Leave of Absence

There were no leaves of absence.

6 Acknowledgements

There were no acknowledgements.

7 Petitions

There were no petitions.

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Kaipātiki Local Board 18 August 2021

8 Deputations

Precedence of Business Resolution number KT/2021/122 MOVED by Chairperson J Gillon, seconded by Deputy Chairperson D Grant: That the Kaipātiki Local Board: a) agree that Public forum items 9.1: Beach Haven Coastal Connections: Shepherds Park tracks – Steph Hay and 9.2: Northart – Lindsay Waugh be accorded precedence at this time. CARRIED

9 Public Forum

9.1 Beach Haven Coastal Connections: Shepherds Park tracks - Steph Hay Steph Hay was in attendance via Skype for Business to address the board on this item.

Resolution number KT/2021/123 MOVED by Chairperson J Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) receive the public forum item. b) thank Steph Hay for her attendance and presentation. CARRIED

9.2 Northart - Change of Status - Lindsay Waugh Lindsay Waugh was in attendance via Skype for Business to address the board on this item.

Resolution number KT/2021/124 MOVED by Member M Kenrick, seconded by Member A Shaw: That the Kaipātiki Local Board: a) receive the public forum item. b) thank Lindsay Waugh for her attendance and presentation. CARRIED

10 Extraordinary Business

There was no extraordinary business.

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Note: The deputation item 8.1:Northcote Petanque Club and Northcote Bowling Club request for additional terrains was taken at this time

8.1 Northcote Petanque Club and Northcote Bowling Club request for additional terrains June Hieatt and Ken Akers from the Northcote Petanque Club, were in attendance via Skype for Business to address the board in support of this item.

A document titled ‘Response paper to Mr John Gillon (Kaipātiki Local Board Chairperson)’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number KT/2021/125 MOVED by Chairperson J Gillon, seconded by Member P Gillon: That the Kaipātiki Local Board: a) receive the deputation and tabled response paper. b) thank June Hieatt and Ken Akers for their attendance and presentation. CARRIED

Member A Shaw left meeting at 10.50am and returned at 10.59am

Attachments A 18 August 2021 - Kaipātiki Local Board Business Meeting - Response paper to Mr John Gillon (Kaipātiki Local Board Chairperson)

11 Kaipātiki Community Facilities Trust Quarterly Report Challen Wilson, Strategic Broker, was in attendance via Skype for Business to address the board on this item.

Resolution number KT/2021/126 MOVED by Member P Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) receive the Kaipātiki Community Facilities Trust quarter four report. CARRIED

12 Birkdale early learning centre and community hall rebuild options Kaitlyn White, Senior Project Manager, was in attendance via Skype for Business to address the board in support of this item.

Resolution number KT/2021/127 MOVED by Deputy Chairperson D Grant, seconded by Chairperson J Gillon: That the Kaipātiki Local Board: a) approve option 1 to rebuild Birkdale community hall and early learning centre (Kauri Kids) at 134 and 136 Birkdale as one multi-purpose building, with a cost estimate of $2,792,508.

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b) request that the potential user conflict issues identified for option 1, such as noise, be minimised through design. c) request that all trees are retained, repurposed or transplanted within the site, where possible. d) note that the estimated completion timeframe for option 1 is by the end of financial year 2024/2025. e) request that the design incorporates both heritage and Māori design elements. f) request that the Chairperson or delegate attends stakeholder meetings. g) request that all construction material for this site be repurposed as part of a waste minimisation plan. CARRIED

Precedence of Business Resolution number KT/2021/128 MOVED by Chairperson J Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) agree that item 14: Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021 be accorded precedence at this time. CARRIED

14 Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021 Daniel Han, Local Board Advisor, was in attendance via Skype for Business to address the board in support of this item.

A document titled ‘Kaipātiki Work Programme 2020/2021 March – June 2021 Report’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

An error was noted in the Parks, Sport and Recreation activities with significant impact table in paragraph 16 of the agenda report. A revised report with the correct table was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment

Resolution number KT/2021/129 MOVED by Chairperson J Gillon, seconded by Member C Schmidt: That the Kaipātiki Local Board: a) receive the Auckland Council’s performance report: Kaipātiki Local Board for March to June 2021, as tabled. b) receive the tabled memo on the revised timeframes for the Local Park Management Plan. c) note the financial performance report in Attachment B of the report will remain confidential until after the Auckland Council Group results for 2020/2021 are released to the New Zealand Stock Exchange which are expected to be made public by 28 September 2021. CARRIED Attachments

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A 18 August 2021 - Kaipātiki Local Board Business Meeting - Kaipātiki Work Programme 2020 2021 March-June 2021 Report B 18 August 2021 - Kaipātiki Local Board Business Meeting - Quarterly Performance Report FY21 March - June

Note: Item 13 was taken prior to item 18

Precedence of Business Resolution number KT/2021/130 MOVED by Chairperson J Gillon, seconded by Member P Gillon: That the Kaipātiki Local Board: a) agree that item 15: Proposal to make a new Freedom Camping in Vehicles Bylaw be accorded precedence at this time. CARRIED

15 Proposal to make a new Freedom Camping in Vehicles Bylaw Eric Perry, Local Area Manager, was in attendance via Skype for Business to address the board on this item.

Resolution number KT/2021/131 MOVED by Chairperson J Gillon, seconded by Member M Kenrick: That the Kaipātiki Local Board: a) provide the following general feedback on the draft Statement of Proposal in Attachment A of this agenda report to make a new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Noho Puni Wātea ā-Waka 2022 / Auckland Council Freedom Camping in Vehicles Bylaw 2022: i) support all reserves being excluded from the bylaw and remaining prohibited under the Reserves Act 1977, ii) support Auckland Council not using the bylaw to manage issues associated with homelessness and support Auckland Council’s commitment to a compassionate enforcement approach to protect vulnerable Aucklanders, iii) express concern that all land held by Auckland Council under the Local Government Act (including the road corridor) is proposed to be available for freedom camping (unless specified as prohibited) rather than appropriate locations being specifically identified in the bylaw, and note that this is a significant change from the existing bylaw where freedom camping is prohibited unless specified, iv) do not support freedom camping being allowed by default in all road corridors in Auckland, as this will put added pressure on arterial and suburban roads and potentially allow freedom camping in: A) carparks servicing neighbourhood shops, B) slip roads servicing private driveways, C) carparks servicing public transport, such as ferry terminals D) carparks servicing parks and reserves (where outside the reserve boundary) E) pocket parks and paper roads

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F) outside schools, early learning centres and kindergartens. b) support the use of general rules for all areas where freedom camping is permitted, as proposed in the draft Statement of Proposal in Attachment A, and support the following options: i) General rule 1: Self-containment rule - Option C, that freedom camping vehicles must be certified self-contained, help to prevent toilet waste, and cooking and washing wastewater being left behind. ii) General rule 2: Maximum stay rule – Option B, maximum one night stay, to help ensure a turnover of carpark spaces, and minimise conflict with other users of the area/neighbours. iii) General rule 3: Set departure time rule – Option B, 8am departure time, to help ensure a turnover of carpark spaces, and minimise conflict with other users of the area/neighbours. iv) General rule 4: No-return period rule – Option C, No return to the same street/parking area within 4 weeks, to ensure fair access to the area, help make it easier to enforce, and minimise conflict with other users of the area/neighbours. c) request that the Governing Body consider the following additions to “Schedule 2: Designated areas where freedom camping is prohibited”: Prohibited area Location Reason for prohibition

The gravel carpark near Colonial Road, To protect access to the the southern end of Birkenhead area as this area Colonial Road, provides access to the Birkenhead (commonly pond and is a track assumed to be part of entry-point and Chelsea Estate Heritage provides into Chelsea Park) Estate Heritage Park. To protect the health and safety of the people that visit the area which provides carparks for Chelsea Estate Heritage Park. There have been previous issues with freedom-campers in this location. The carparks at the end Exmouth Road, To protect access to the of Exmouth Road, Northcote area as this area Northcote (commonly provides access to both assumed to be part of Heath Reserve and Tuff Heath Reserve) Crater Reserve. To protect the health and safety of the people that visit the area which provides carparks for Heath Reserve and Tuff Crater Reserve.

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All marked carparks at Beach Haven Road, To protect access to the the western end of Beach Haven area as this area Beach Haven Road in provides carparks and the vicinity of Beach access to Beach Haven Haven Wharf, and the Wharf, Hilders Park access road to the recreation wharf, wharf Hilders Park and Larkings Landing Reserve. All marked carparks at Queen Street, Northcote To protect access to the the southern end of area as this area Queen Street in the provides carparks and vicinity of Te Onewa access to Te Onewa (Northcote) Wharf (Northcote) Wharf. All marked carparks College Road, To protect access to the within the road corridor Northcote area as this area of College Road provides carparks to between Kilham Ave service the Northcote and Ernie Mays St, that Town Centre. form part of the wider To protect the health south-western and safety of the people Northcote Town Centre that use the carparks to carpark access the Northcote Town Centre. All marked carparks at Lot 4 DP 63458 To protect access to the the Rawene Road area as this area Part Lot 2 DP 233 carpark, Birkenhead provides carparks to service the Birkenhead Town Centre. To protect the health and safety of the people that use the carparks to access the Birkenhead Town Centre. All carparks at the Lot 2 DP 51878 To protect access to the carpark behind the area as this area Pt Lot 12 DP 43175 Sunnyhaven Ave shops provides carparks to that services the shops Lot 1 DP 51878 service the Sunnyhaven and Opaketai Beach Ave shops and Haven Gardens Opaketai Beach Haven Gardens. To protect the health and safety of the people that use the carparks to access the Sunnyhaven Ave shops and Opaketai Beach Haven Gardens. All formed carparks Multiple locations To protect access for designed to service within the road corridor customers and delivery neighbourhood shops vehicles to businesses and businesses, that have varying

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including (but not opening hours from limited to): very early to very late. • Birkdale Rd shops, To protect the health • Chartwell Rd shops, and safety of the people • Chivalry Rd/Diana that use the carparks to Rd shops, access the businesses. • Glenfield Rd/Wairau Rd shops (portion of carpark), • Levesque Rd shops, • Manuka Rd shops, • Moore St shops, • Pupuke Rd shops, • Rangatira Rd/ Lysander Cr shops, • 71 Roseberry Ave, • Salisbury Rd shops, • Sunnybrae Rd shops, • View Rd (western end) shops, • View Rd (eastern end)/Wairau Rd shops (portion of carpark) All slip roads within the Multiple locations To protect access to road corridor that within the road corridor private properties, provide access to including for private properties, emergency services. whether they are parallel to roads (for example on Glenfield Road) or across corners/intersections (for example corner of Sunset Rd/Target Rd; corner Mokoia Rd/Colonial Rd) All carparks servicing Multiple locations To protect access to the community area for people to centres/houses, access services libraries and leisure delivered by centres that are on organisations that parcels of land held deliver community under the Local outcomes for the Government Act, (but Kaipātiki Local Board. not limited to): To protect the health • Lot 1 DP 94804 and safety of the people (ActivZone); that use the carparks to • Lot 2 DP 79494 access services (Bayview delivered by Community Centre); organisations that deliver community

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• Part Lot 55 DP 1675 outcomes for the (Birkdale Kaipātiki Local Board Community Hall); • Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017 (Glenfield Leisure Centre); • Part Lot 2 DP 49045, Part Lot 3 DP 49045, Part Lot 4 DP 49045, Part Lot 5 DP 49045 (Glenfield Library); • Pt Lot 12 Blk I DP 804, Lot 13 Blk I DP 804 (Highbury House); • Lot 151 DP 49752 (Kaipātiki Community Facilities Trust); • Allot 651 Psh of Takapuna (NorthArt); • Allot 652 Psh of Takapuna, Lot 1 DP 92328 (Northcote Library).

d) express concern that any bylaw on freedom camping may not be able to be adequately enforced as there doesn’t appear to be any budget for an enhanced service level of compliance identified in the 10 Year Budget 2021-31. e) request the opportunity to speak at the Governing Body Committee meeting on 23 September 2021, noting the local board endorse the Chairperson to speak on behalf of local board members. f) request clarification on the process to revise and update both Schedule 1: Designated areas where freedom camping is restricted and Schedule 2: Designated areas where freedom camping is prohibited both prior to and after the adoption of the new Bylaw. g) request that this resolution is circulated with all local boards and the councillors. CARRIED

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Precedence of Business Resolution number KT/2021/132 MOVED by Deputy Chairperson D Grant, seconded by Chairperson J Gillon: That the Kaipātiki Local Board: a) agree that item 16: Kaipātiki Local Board feedback on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori consituency processes be accorded precedence at this time. CARRIED

Adjournment of Meeting Resolution number KT/2021/133 MOVED by Chairperson J Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) agree to adjourn the meeting at 11.38am for five minutes. CARRIED

Meeting reconvened at 11.52am.

16 Kaipātiki Local Board feedback on the Department of Internal Affairs' consultation on changes to Māori ward and Māori constituency processes Eric Perry, Local Area Manager, was in attendance via Skype for Business to address the board on this item.

A document titled ‘Submission of Auckland Council to the discussion document - Changes to Māori Ward and Constituency Process’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number KT/2021/134 MOVED by Member A Tyler, seconded by Member A Hartley: That the Kaipātiki Local Board: a) support Auckland Council’s draft submission to the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes, and provide the following feedback: i) request that the submission includes support for the investigation of Māori representation on local boards, such as the provision of Māori wards. ii) note that since the constitutional relevance of the Treaty of Waitangi is independent of population ratios, Maori Wards in and of themselves do not give adequate effect to the principal of partnership. The Constitutional Advisory Panel formed by Deputy Prime Minister Hon Bill English and Minister of Maori Affairs Hon Pita Sharples in 2011 noted several options that might more fairly give effect to the Treaty partnership. More work needs to be done to achieve improved partnership outcomes for central and local government, including local boards. CARRIED Attachments

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Kaipātiki Local Board 18 August 2021

A 18 August 2021 - Kaipātiki Local Board Business Meeting - Submission of Auckland Council to the discussion document "Changes to Māori Ward and Constituency Processes"

Precedence of Business Resolution number KT/2021/135 MOVED by Chairperson J Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) agree that item 17: Appointments of local board members 2019 – 2022 – Uruamo Maranga Ake Marae Charitable Trust Liaison be accorded precedence at this time. CARRIED

17 Appointments of local board members 2019-2022 - Uruamo Maranga Ake Marae Charitable Trust Liaison A letter titled ‘Local board appointment for Uruamo Maranga Ake Marae’ was tabled. A copy of the tabled letter has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number KT/2021/136 MOVED by Chairperson J Gillon, seconded by Member A Hartley: That the Kaipātiki Local Board: a) appoint Member Andrew Shaw as local board liaison to Uruamo Maranga Ake Marae Charitable Trust for the remainder of the 2019-2022 political term, noting that the board has limited appointments for the 2019-2022 political term to organisations that receive annual contract grants from the board and that an appointment to Uruamo Maranga Ake Marae Charitable Trust would be an exception to that position due to the board’s desire to progress the development of a community marae at Shepherd’s Park. b) note the local board agreed at its 11 December 2019 meeting (resolution number KT/2019/238) that to avoid potential conflicts of interest, elected members appointed to any outside organisation do not exercise any voting rights conferred by the organisation. c) note the local board agreed at its 11 December 2019 meeting (resolution number KT/2019/238) that the role of being the appointed member to the external organisation comprises of: i) providing updates to the external organisation on Auckland Council and local board activities, plans and projects ii) communicating to the other local board members by providing information on the activities, plans and projects of the external organisation, preferably in the form of a Members Report on a business meeting agenda which maintains public transparency iii) ensuring that the collective board views on issues is represented iv) being the first point of contact, from a governance perspective, for the external organisation v) committing to attend most of the external organisation’s governance meetings and being responsive in communication with the external organisation. CARRIED Attachments

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A 18 August 2021 - Kaipātiki Local Board Business Meeting - Local board appointment letter for Uruamo Maranga Ake Marae

Public Excluded Resolution number KT/2021/137 MOVED by Chairperson J Gillon, seconded by Member P Gillon: That the Kaipātiki Local Board: a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1 Local Board Annual Report 2020/2021 Reason for passing this Particular interest(s) protected Ground(s) under section 48(1) resolution in relation to each (where applicable) for the passing of this matter resolution The public conduct of the part s7(2)(j) - The withholding of the s48(1)(a) of information is necessary to The public conduct of the part the meeting would be likely to prevent the disclosure or use of of result in the disclosure of official information for improper the meeting would be likely to information for which good gain or improper advantage. result in the disclosure of reason for withholding exists In particular, the report information for which good under section 7. contains reason for withholding exists detailed financial adjustments, under section 7. assumptions and judgements that have impact on the financial results of the Auckland Council group as at 31 July 2021 that require release to the New Zealand Stock Exchange.

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

12.04pm The public was excluded.

12.15pm The public was re-admitted.

Re-admitting the public Resolution number KT/2021/138 MOVED by Chairperson J Gillon, seconded by Member P Gillon: That the Kaipātiki Local Board: a) reopen the meeting to the public. CARRIED

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13 Local Board Annual Report 2020/2021 Mark Purdie, Manager – Local Board Financial Advisors, was in attendance via Skype for Business to address the board in support of this item.

Resolution number KT/2021/139 MOVED by Chairperson J Gillon, seconded by Member A Shaw: That the Kaipātiki Local Board: a) adopt the draft 2020/2021 Kaipātiki Local Board Annual Report as set out in Attachment A to the agenda report. b) note that any proposed changes after the adoption will be clearly communicated and agreed with the chairperson before the report is submitted for adoption by the Governing Body on 27 September 2021. c) note that the draft 2020/2021 Kaipātiki Local Board Annual Report, as set out in Attachment A to the agenda report, will remain confidential until after the Auckland Council group results for 2020/2021 are released to the New Zealand Stock Exchange which are expected to be made public by 28 September 2021. CARRIED

18 Kaipātiki Local Board Chairperson's Report No report was provided at this time.

19 Members' Reports No reports were provided at this time.

20 Governing Body and Independent Maori Statutory Board Members' Update A document titled ‘North Shore Ward Councillor Report – Chris Darby Council Response to National Policy Statement – Urban Development’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number KT/2021/140 MOVED by Chairperson J Gillon, seconded by Member A Tyler: That the Kaipātiki Local Board: a) note the tabled report from Councillor Chris Darby. CARRIED Attachments A 18 August 2021 - Kaipātiki Local Board Business Meeting - North Shore Ward Councillor Report – Chris Darby Council Response to NPS-UD

21 Governance Forward Work Calendar Resolution number KT/2021/141 MOVED by Chairperson J Gillon, seconded by Member C Schmidt: That the Kaipātiki Local Board: a) note the Kaipātiki Local Board September – November 2021 governance forward work calendar and August – September 2021 workshop forward work plan. CARRIED

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22 Workshop Records - Kaipātiki Local Board - July 2021 Resolution number KT/2021/142 MOVED by Member A Tyler, seconded by Member P Gillon: That the Kaipātiki Local Board: a) note the record for the Kaipātiki Local Board workshop held on Wednesday 7 July and Wednesday 28 July 2021. CARRIED

23 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

12.18 pm The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE KAIPĀTIKI LOCAL BOARD HELD ON

DATE:......

CHAIRPERSON:......

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