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on:
Date:
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Tam White
Democracy Advisor
3 September 2015
Contact Telephone: (09) 890 8156
Email: Tam.white@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
Note:
The reports contained within this agenda are for consideration and should not be construed as council policy
unless and until adopted. Should members require further information relating to any reports, please contact
the relevant manager, Chairperson or Deputy Chairperson.
TERMS OF REFERENCE
Responsibilities
This committee will lead the implementation of the Auckland Plan, including the integration of
economic, social, environmental and cultural objectives for Auckland for the next 30 years. It will
guide the physical development and growth of Auckland through a focus on land use planning,
housing and the appropriate provision of infrastructure and strategic projects associated with these
activities. Key responsibilities include:
Unitary Plan
City centre development (incl reporting of CBD advisory board) and city transformation
projects
Built Heritage
Urban design
Powers
(i)
powers that the Governing Body cannot delegate or has retained to itself (see
Governing Body responsibilities)
(b)
(ii)
(iii)
Powers belonging to another committee, where it is necessary to make a decision prior to the
next meeting of that other committee.
(iv)
Access to confidential information is managed on a need to know basis where access to the
information is required in order for a person to perform their role.
Those who are not members of the meeting (see list below) must leave unless it is necessary
for them to remain and hear the debate in order to perform their role.
Those who need to be present for one confidential item can remain only for that item and must
leave the room for any other confidential items.
In any case of doubt, the ruling of the chairperson is final.
The members of the meeting remain (all Governing Body members if the meeting is a
Governing Body meeting; all members of the committee if the meeting is a committee meeting).
However, standing orders require that a councillor who has a pecuniary conflict of interest leave
the room.
All councillors have the right to attend any meeting of a committee and councillors who are not
members of a committee may remain, subject to any limitations in standing orders.
Members of the Independent Mori Statutory Board who are appointed members of the
committee remain.
Independent Mori Statutory Board members and staff remain if this is necessary in order for
them to perform their role.
Staff
Local Board members who need to hear the matter being discussed in order to perform their
role may remain. This will usually be if the matter affects, or is relevant to, a particular Local
Board area.
PAGE
Apologies
Declaration of Interest
Confirmation of Minutes
Petitions
Public Input
Extraordinary Business
Notices of Motion
10
17
11
19
12
PUBLIC EXCLUDED
13
47
C1
47
C2
47
C3
48
C4
48
Page 5
Apologies
Apologies have been received from Mayor LCM Brown, Cr CM Casey, Chairperson PA
Hulse and Cr GS Wood.
Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making
when a conflict arises between their role as a member and any private or other external
interest they might have.
Confirmation of Minutes
That the Auckland Development Committee:
a)
confirm the ordinary minutes of its meeting, held on Thursday 13 August 2015,
including the confidential section, as a true and correct record.
Petitions
At the close of the agenda no requests to present petitions had been received.
Public Input
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the
Democracy Advisor, in writing, no later than one (1) clear working day prior to the
meeting and must include the subject matter. The meeting Chairperson has the discretion
to decline any application that does not meet the requirements of Standing Orders. A
maximum of thirty (30) minutes is allocated to the period for public input with five (5)
minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
Page 7
Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as
amended) states:
An item that is not on the agenda for a meeting may be dealt with at that meeting if(a)
(b)
The presiding member explains at the meeting, at a time when it is open to the
public,(i)
(ii)
The reason why the discussion of the item cannot be delayed until a
subsequent meeting.
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as
amended) states:
Where an item is not on the agenda for a meeting,(a)
(b)
That item is a minor matter relating to the general business of the local
authority; and
(ii)
Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Page 8
Item 9
Purpose
1.
Executive Summary
2.
This report is a regular information-only report that provides committee members with
greater visibility of committee resolutions requiring follow-up reports (Attachment A). It
updates the committee on the status of such resolutions. It covers committee resolutions
from February 2015 and will be updated for every regular meeting.
3.
This report covers open resolutions only. A separate report has been placed in the
confidential agenda covering confidential resolutions requiring follow up reports.
4.
The committees Forward Work Programme 2015/2016 is also attached for information
(Attachment B).
Recommendation/s
That the Auckland Development Committee:
a)
Attachments
No.
Title
Page
11
13
Signatories
Author
Authoriser
Page 9
Attachment A
Item 9
Page 11
Attachment B
Item 9
Page 13
Attachment B
Item 9
Page 14
Attachment B
Item 9
Page 15
Item 10
Purpose
1.
To receive a summary and provide a public record of memos or briefing papers that may
have been distributed to committee members since 13 August 2015.
Executive Summary
2.
This is a regular information-only report which aims to provide greater visibility of information
circulated to committee members via memo or other means, where no decisions are
required.
3.
4.
These and previous documents can be be found on the Auckland Council website, at the
following link:
http://infocouncil.aucklandcouncil.govt.nz/
o
o
5.
at the top of the page, select meeting Auckland Development Committee from the
drop-down tab and click View
Under Attachments, select either HTML or PDF version of the document entitled Extra
Attachments.
Note that, unlike an agenda report, staff will not be present to answer questions about
these items referred to in this summary. Committee members should direct any
questions to the author.
Recommendation/s
That the Auckland Development Committee:
a)
Attachments
No.
Title
Page
Signatories
Author
Authoriser
Page 17
Item 11
Purpose
1.
b.
Executive Summary
2.
The criteria used by the council in making SHA recommendations were adopted by the
Governing Body (CP2013/22237) on recommendation from the Auckland Development
Committee (ADC) in September 2013 (Attachment A).
3.
4.
Rather than having two sets of criteria sitting alongside each other it is proposed that the
SHA criteria be consolidated. Having consolidated criteria removes unnecessary duplication
of the existing criteria. Additionally, a series of questions and answers accompanying the
criteria makes it easier for the Housing Project Office (HPO) to apply and easier for the
public and SHA requesters to understand the criteria. For reference, the HPO has prepared
a spreadsheet showing the existing criteria, the refined and consolidated criteria and
guidance as to the application of the criteria (Attachment C).
5.
If the refined and consolidated criteria and guidance are adopted by the Auckland
Development Committee and endorsed by the Governing Body then the HPO will publish the
refined and consolidated criteria and guidance (Attachment D) on the councils website and
communicate this to interested parties. Having communicated the refined and consolidated
criteria to existing requesters we will give these people an opportunity to provide further
information on their request before the HPO makes its final recommendation to the ADC.
6.
The HPO propose to apply the refined and consolidated criteria from the day following the
Governing Body meeting on 23 September 2015.
7.
In addition to the refinements to the criteria, this report also recommends two significant
process changes to streamline decision-making on SHA requests:
That the committee exercise its delegated authority to make recommendations on behalf
of council to the Minister of Building and Housing, rather than referring its
recommendations to the Governing Body, unless the timing of committee meetings or
special circumstances requires the matter to go before the Governing Body.
That the committee endorses that the HPO may decide not to refer to the Committee for
consideration SHA requests that do not satisfy the criteria 1 3 in Attachments C and D,
which relate to section 16(3) of the Housing Accords and Special Housing Areas Act
2013. The HPO would still report to the committee on those requests that are supported,
or where HPO takes the view that the request does not satisfy one or more of the
councils criteria, other than criteria 1 3 in Attachments C and D.
8.
There are currently 41 SHA requests under consideration by the Housing Project Office.
Page 19
Item 11
Recommendation/s
That the Auckland Development Committee:
a)
note that on 10 September 2013 the Governing Body endorsed criteria for the
definition and establishment of Special Housing Areas (SHA) in accordance with the
Housing Accords and Special Housing Areas Act 2013 and the Auckland Housing
Accord (10 September 2013, item 12, resolution number GB 2013/93).
b)
note that on 16 April 2015 the Auckland Development Committee agreed to a special
housing area programme for the remainder of 2015 that applies the existing SHA
establishment criteria with additional considerations (16 April 2015, item C3,
resolution number AUC/2015/75).
c)
d)
agree that the SHA establishment criteria and additional considerations would be
improved by refining and consolidating the criteria in a single document, and adopting
the following format:
i)
ii)
e)
adopt the refined and consolidated criteria and explanatory guidance for assessing
SHA requests in Attachment D, to be endorsed by the Governing Body and applied
from the day following the Governing Body endorsement, likely to be on 24
September 2015.
f)
agree that the refined and consolidated SHA critieria will be communicated to
interested parties and put on the councils website.
g)
agree that those with pending SHA requests will be invited to provide additional
information to supplement that already provided to the HPO.
h)
note that the criteria are non-exhaustive and that the council has the discretion
whether or not to recommend a SHA.
i)
note that clause 3.1 of the Governing Body Terms of Reference provide that the
Auckland Development Committee has responsibility for SHA designations.
j)
agree that the Auckland Development Committee exercise its delegated authority to
make recommendations on behalf of council to the Minister of Building and Housing
on the designation of SHAs unless timing of committee meetings or special
circumstances exist, that justify the matter to go to the Governing Body.
k)
agree that the HPO may decide not to refer to the committee for consideration SHA
requests that do not satisfy the criteria 1 3 in Attachments C and D, which relate to
section 16(3) of the Housing Accords and Special Housing Areas Act 2013. The HPO
would still report to the committee on those requests that are supported, or where the
HPO takes the view that the request does not satisfy one or more of the councils
criteria, other than criteria 1 3 in Attachments C and D.
l)
note that on 26 August 2015 there were 41 SHA requests under consideration by the
Housing Project Office.
Page 20
The Housing Project Office (HPO) has worked with internal and external legal advisers to
refine and consolidate the existing SHA criteria to make it easier for the HPO to apply the
criteria to SHA requests and for the public to understand the criteria.
10.
The intent of the refined and consolidated SHA establishment criteria in this report is to:
11.
12.
a.
Bring the original criteria and the additional considerations from the 16 April Auckland
Development Committee meeting into one document;
b.
Eliminate duplication between the original criteria and the additional considerations.
application of the agreed basis (3 December 2014, item C1, resolution number
AUC/2014/183) for SHAs on Maori-owned land / Maori special purpose land / treaty
settlement land outside the Rural Urban Boundary;
b.
c.
a preference for requests that are strategically important, at least 50 dwellings in yield
or exemplary with regard to the Auckland Plan, the outcomes and objectives of the
Proposed Auckland Unitary Plan and the objectives of the Auckland Housing Accord;
d.
particular regard to the spatial priorities and infrastructure programme enabled by the
proposed and final Long-term Plan and the need for greater certainty about funding of
any required local public infrastructure;
e.
advice on the future programme for SHA establishment following the joint ministerialmayoral meeting scheduled for 15 April 2015.
Following the decisions of the committee and endorsement by the Governing Body, the HPO
will communicate the criteria to interested parties, place the criteria on the councils website
and apply the criteria in its assessment and recommendations regarding SHA requests and
all subsequent SHA recommendations to the committee.
There are currently 41 SHA requests under consideration by the HPO. In accordance with
the councils 16 April 2015 additional considerations the council has a preference to await
the finalisation of the Future Urban Land Supply Strategy before recommending new SHAs
in Future Urban Zone areas.
14.
Other SHA requests relate to live-zoned greenfield land or brownfield land. The HPO will
give priority in the Tranche 8 report to making recommendations on requests previously
considered by the ADC but deferred for a number of reasons.
15.
The HPO will aim to complete its consideration and make appropriate recommendations to
the committee on pending SHA requests by as soon as practicable following the Governing
Bodys endorsement of the committees decisions arising from this report.
16.
The HPO also expects to make recommendations in October regarding the remainder of
SHA establishment programme in general, through to the end of the Accord, including
proposed dates after which council will no longer be able to accept new SHA requests,
having regard to the time required to submit plan variation and consent applications.
Page 21
Item 11
Discussion
Item 11
Consideration
Local Board Views
17.
The refined and consolidated criteria includes the consideration of whether the local board is
supportive of the area being made a SHA.
18.
The HPO is working with Local Board Services to improve the way in which information is
shared with and feedback received from local boards regarding SHA requests. The HPO
acknowledges the relatively short timeframes for decision making on SHA requests creates
difficulties so is seeking to provide other channels for the exchange of information in addition
to reports on business meeting agendas, while having regard to the importance of
maintaining the confidentiality of commercially sensitive information.
19.
Local boards will be made aware of the committees decisions arising from this report.
The refined and consolidated criteria includes the consideration of whether the relevant
mana whenua groups are supportive of the area being made a SHA.
21.
In considering this criterion the HPO will work with mana whenua groups, the Independent
Maori Statutory Board and Te Waka Angamua to establish and refine the process for the
HPO obtaining mana whenua views on confidential SHA requests.
22.
Following input from mana whenua groups and advice from appropriate council staff, if it is
established that a proposed SHA raises issues of significance for a mana whenua group, the
council will likely engage directly with that mana whenua group.
23.
The views of mana whenua will be taken into account when council decides whether or not
to support a SHA request.
Implementation Issues
24.
The HPO propose to apply the refined and consolidated criteria from the day following the
Governing Body endorsement of these, likely to be on 24 September 2015.
25.
If the recommendations in this report are agreed to by the Committee the HPO will ensure
relevant interested parties are made aware of the refinements to the criteria and the process
for establishing future SHAs. It will also initiate more direct engagement with iwi on SHA
requests.
26.
Attachments
No.
Title
Page
23
25
27
37
Signatories
Author
Authorisers
Page 22
Extract from the extraordinary meeting of the Governing Body held on Tuesday, 10 September
2013
Was item 12: Criteria and process for establishing Special Housing Areas under the Housing
Accords and Special Housing Areas legislation (HASHA)
Item 11
Page 23
Attachment A
e)
f)
g)
agree that requests received following 16 April 2015 will not be reported with
recommendations to this committee until July or August at the earliest, noting that this
does not prevent interested parties continuing to bring Special Housing Areas requests to
the Housing Project Office
support the Housing Project Offices intention that appropriate actions are taken to
maximise the success of existing Special Housing Areas, including an assessment of
reasons for inactivity or slow activity in existing Special Housing Areas and a willingness
to explore with developers and landowners ways to generate or accelerate activity in
SHAs
agree that the report and attachments regarding the Special Housing Area Programme for
2015 remain confidential until all due processes have been concluded; and that the
Mayor/Deputy Mayor be delegated responsibility to release information on the Special
Housing Areas as may be required.
express appreciation of all the work completed by the Housing Project Office, and the
quality of work undertaken.
Page 25
Attachment B
Extract from the Auckland Development Committee meeting held on 16 April 2015.
Was item C3:
Special Housing Area Programme for 2015
Item 11
Attachment C
Item 11
Page 27
Attachment C
Item 11
Page 28
Attachment C
Item 11
Page 29
Attachment C
Item 11
Page 30
Attachment C
Item 11
Page 31
Attachment C
Item 11
Page 32
Attachment C
Item 11
Page 33
Attachment C
Item 11
Page 34
Attachment C
Item 11
Page 35
Attachment C
Item 11
Page 36
Attachment D
Item 11
Page 37
Attachment D
Item 11
Page 38
Attachment D
Item 11
Page 39
Attachment D
Item 11
Page 40
Attachment D
Item 11
Page 41
Attachment D
Item 11
Page 42
Attachment D
Item 11
Page 43
Attachment D
Item 11
Page 44
Attachment D
Item 11
Page 45
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
s48(1)(a)
The public conduct of the part of
the meeting would be likely to
result in the disclosure of
information for which good reason
for withholding exists under
section 7.
C2
Proposed Auckland Unitary Plan Submissions - Council position for Mediation and
Hearing - Puhinui Rural Urban Boundary
s48(1)(a)
Public Excluded
s48(1)(a)
C4
s48(1)(a)
Public Excluded
Page 48