auckland council: regional development and operation s committee, 19 september 2013

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    Note: The reports contained within this agenda are for consideration and should not be construed as Council policyunless and until adopted. Should Members require further information relating to any reports, please contactthe relevant manager, Chairperson or Deputy Chairperson.

    I hereby give notice that an ordinary meeting of the Regional Development and OperationsCommittee will be held on:

    Date:Time:Meeting Room:Venue:

    Thursday, 19 September 20139.00amReception Lounge Level 2Auckland Town Hall301-305 Queen StreetAuckland

    Regional Development and Operations Committee

    OPEN AGENDA

    MEMBERSHIP

    Chairperson Cr Ann Hartley, JPDeputy Chairperson Cr Sandra Coney, QSO

    Councillors Anae Arthur AnaeCameron Brewer Calum PenroseMayor Len Brown, JP Dick QuaxDr Cathy Casey Noelene Raffills, JPAlf Filipaina Sharon Stewart, QSMHon Chris Fletcher, QSO Member David TaipariMichael Goudie Member Patience Te AoDeputy Mayor Penny Hulse Sir John Walker, KNZM, CBEMike Lee Wayne WalkerDes Morrison Penny WebsterRichard Northey, ONZM George Wood, CNZM

    (Quorum 11 members)

    Barbara WatsonDemocracy Advisor

    11 September 2013

    Contact Telephone: (09) 307 7629Email: [email protected]: www.aucklandcouncil.govt.nz

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    TERMS OF REFERENCE

    The Regional Development and Operations Committee will have responsibility for determiningoperational policy decisions for Council and dealing with associated issues. The committee willalso have responsibility for developing policy and plans to advance the economic, social, culturaland environmental well-being of Auckland and has authority to delegate powers tosubcommittee(s).

    The areas covered by this committee may include: To deal with matters within the Councils Governing Body responsibility relating to the

    formulation of policy, reporting and monitoring to promote the economic, social, environmentaland cultural wellbeing of the regional community;

    To deal with matters within the Councils Governing Body responsibility relating to thenavigation and safety functions;

    To undertake legal responsibilities as defined under the Reserves Act 1977 (e.g. concessionarylease policy and execution, changes in classification, sale of land under the Reserves Act 1977,management plans); note that Local Boards are allocated responsibility for reservemanagement plans for local parks

    Acquisition of property assets relating to the committees functions as provided for in the LTP; To deal with all matters within the Councils Governing Bodys responsibility relating to the

    provision, operation, maintenance, use and conservation of parks; To deal with all matters and implementation relating to the Councils Governing Bodys Heritage

    and Bio-security functions; and Lead and develop policy, strategy and monitoring of councils Governing Bodys art, culture and

    recreational activities and to make provisions to meet the demands from growth, social andcultural change;

    Determining policy and planning for the open space of the region; Determining high level policy for the provision of recreation and leisure opportunities; Promoting the protection, enhancement and value of heritage resources and biodiversity for the

    community; Determining policies for Councils Governing Body involvement and/or advocacy on social

    issues; Determining policy and planning for community development and responding to region-wide

    communities of interest; Plan changes to existing regional and district plans Lodging submissions to applications before the Environmental Protection Authority Board of

    Enquiry or Environment Court process; Oversight of the Councils international relationship programme; Acquisition and disposal of property assets; and Stopping of roads pursuant to the provisions of the Public Works Act 1981 and the Local

    Government Act 1974.

    The Committee will have delegated authority to establish councillor forums focused on specificareas of responsibility These forums do not have decision making powers but can recommendpolicy and planning amendments to the Regional Development and Operations committee.

    Relevant legislation includes but is not limited to:

    Resource Management Act 1991 Local Government Act 2002Soil Conservation & Rivers Control Act 1941 Maritime Transport Act 1994Hauraki Gulf Marine Park Act 2000 Reserves Act 1977Biosecurity Act 1993 Hazardous Substances and New Organisms Act 1996Litter Act 1979 Local Government (Auckland) Amendment Act 2004

    Land Transport Act 1998 Land Transport Management Act 2003Hauraki Gulf Marine Park Act 2000 Waitakere Ranges Heritage Area Act 2008

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    Regional Development and Operations Committee

    19 September 2013

    Page 3

    ITEM TABLE OF CONTENTS PAGE

    1 Apologies 7

    2 Declaration of Interest 7

    3 Confirmation of Minutes 7

    4 Petitions 7

    5 Public Input 7

    5.1 Members of the Alcohol Programme Industry Stakeholder Reference

    Group 7

    5.2 Auckland Regional Public Health Service, Craig Heta 8

    5.3 New Zealand Police, Acting Assistant Commissioner Bill Searle and

    Inspector Gary Davey 8

    5.4 Colin Dale, Chair, Auckland Sport and Recreation Reference Group 8

    5.5 Asthma New Zealand and Mike Kandziora 8

    6 Local Board Input 9

    7 Extraordinary Business 9

    8 Notices of Motion 9

    9 Local Alcohol Policy Development Project: Preferred Position. 11

    10 Sport and Recreation Strategic Action Plan 21

    Due to size and complexity, Attachment A is available under separate cover in

    an Open Attachments document, and will be on the councils website.

    11 Auckland Council Regional Plan: Air, Land and Water - Making the plan

    operative 31

    12 Local approved products policy (psychoactive substances) 67

    13 Public Art Policy - Approval of final policy 73

    14 Proposed purchase of the Community House and Community Hall at

    Hobsonville Point 147

    15 Waitemat Harbour Stormwater Network Discharge Consent

    Stormwater Priorities Consultation 153

    16 Controls under the Solid Waste Bylaw 2012 for the separation andcollection from kerbside of domestic waste 165

    17 Dedication of Road Reserves at Karaka Rd, Beachlands 229

    18 Economic Development Strategy Implementation Progress Report 2012-

    13 235

    19 Economic Development Strategy Work Programme (2013/14) 259

    20 Parks and Open Spaces Strategic Action Plan - Recommendation from

    the 6 August 2013 Parks, Recreation and Heritage Forum 269

    Due to size and complexity, Attachments A and B are available under separate

    cover in an Open Attachments document, and will be on the councils website.

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    Regional Development and Operations Committee

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    21 Piha Mill Camp Development Plan - Recommendation from the Parks,

    Recreation and Heritage Forum 271

    Due to size and complexity, Attachment B is available under separate cover in

    an Open Attachments document, and will be on the councils website.

    22 Extension of Regional Pest Management Plan Expiry Date -

    Recommendation from the Parks Recreation and Heritage Forum 277

    23 Auckland Council Waste Management and Minimisation Plan Progress

    Report July 2013 283

    24 Kaipara Harbour - Joint Political Committee 303

    25 Approval of Plan Change 36 (Notable Trees in North Shore) to the

    Auckland Council District Plan (North Shore Section) 2011 307

    26 Approval of Plan Change 32, Albany Structure Plan zones - Auckland

    Council District Plan (North Shore section) 313

    27 Approval of Plan Change 37 - Anzac Street west, Takapuna - Residential

    8: Urban Neighbourhood - Auckland Council District Plan (North Shore

    section) 349

    Due to size and complexity, Attachment C is available under separate cover in

    an Open Attachments document, and will be on the councils website.

    28 Approval of Plan Change 149 (Schedule of Notable Trees) to the Auckland

    Council District Plan (Rodney Section) 2011. 357

    29 Request for Private Plan Change to Auckland Council District Plan

    (Rodney Section) 2011 by Brick Bay Trustee Limited 389

    Due to size and complexity, Attachments B and C are available under separate

    cover in an Open Attachments document, and will be on the councils website.

    30 Proposed Auckland Council District Plan (Hauraki Gulf Islands) - Making

    the plan operative in part 399

    31 Proposed Plan Modification 305: Additions to the Schedule of Notable

    Trees to the Auckland Council District Plan (Auckland City Isthmus

    Section) - Request to Make Operative 405

    32 Auckland Council District Plan (Waitakere Section) Plan Change 15

    Massey North to be approved and be made operative 423

    Due to size and complexity, Attachment B is available under separate cover in

    an Open Attachments document, and will be on the councils website.

    33 Private Plan Change at 35 Grafton Road, Grafton: to be made operative 427

    34 Consideration of Extraordinary Items

    PUBLIC EXCLUDED

    35 Procedural Motion to Exclude the Public 439

    C1 Potential acquisition of land on Sunnyvale Road, Massey 439

    C2 Acquisition of land in Waimauku for recreation purposes 439

    C3 Proposal to acquire open space in Mt Wellington for a neighbourhoodpark 439

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    C4 Proposal to acquire an easement for public walkway in the eastern part of

    Waiheke Island 440

    C5 Mt Albert Aquatic Centre Governance Review 440

    C6 Acquisition of land for reserve purposes- Greenhithe 440

    C7 Flat Bush land acquisition 441

    C8 Update on purchase of property under the Built Heritage Acquisition

    Fund 441

    C9 Land purchase for stormwater drainage easement purposes at 85A

    Henderson Valley Road, Henderson 442

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    Regional Development and Operations Committee

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    1 Apologies

    An apology from Councillor Dick Quax has been received.

    2 Declaration of Interest

    Members are reminded of the need to be vigilant to stand aside from decision makingwhen a conflict arises between their role as a member and any private or other externalinterest they might have.

    3 Confirmation of Minutes

    That the Regional Development and Operations Committee:

    a) confirm the minutes of its meeting held on Thursday, 15 August 2013 including theconfidential section, as a true and correct record.

    4 Petitions

    At the close of the agenda no requests for petitions had been received.

    5 Public Input

    Standing Order 3.21 provides for Public Input. Applications to speak must be made to theCommittee Secretary, in writing, no later than two (2) working days prior to the meetingand must include the subject matter. The meeting Chairperson has the discretion todecline any application that does not meet the requirements of Standing Orders. Amaximum of thirty (30) minutes is allocated to the period for public input with five (5)minutes speaking time for each speaker.

    5.1 Members of the Alcohol Programme Industry Stakeholder Reference Group

    Purpose

    1. Members of the Alcohol Programme Industry Stakeholder Reference Group, wish toaddress the Regional Development and Operations Committee regarding theAuckland Council Local Alcohol Policy Development Project. The speakers are asfollows:

    * John Albertson, CEO - New Zealand Retailers Association

    * Phillippa Clifford, Senior Lawyer Property - Progressive Enterprises Ltd

    * Mike Brooker, General Counsel - Foodstuffs North Island* Nadine Mehlhopt, Regional Manager and John Hellebrekers, HANZ

    Auckland Branch Committee Member - Hospitality Association of NewZealand

    Recommendation

    That the Regional Development and Operations Committee:

    a) thank the Members of the Alcohol Programme Industry Stakeholder ReferenceGroup, for their presentations.

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    5.2 Auckland Regional Public Health Service, Craig Heta

    Purpose

    1. Craig Heta, Programme Supervisor Health Promotion, on behalf of AucklandRegional Public Health Service, wishes to address the Regional Development andOperations Committee regarding the Auckland Council Local Alcohol Policy

    Development Project.Recommendation/s

    That the Regional Development and Operations Committee:

    a) thank Craig Heta of Auckland Regional Public Health Service for his verbalpresentation.

    5.3 New Zealand Police, Acting Assistant Commissioner Bill Searle and InspectorGary Davey

    Purpose

    1. Acting Assistant Commissioner Bill Searle and Inspector Gary Davey, on behalf ofNew Zealand Police, wish to address the Regional Development and OperationsCommittee regarding the Auckland Council Local Alcohol Policy DevelopmentProject.

    Recommendation/s

    That the Regional Development and Operations Committee:

    a) thank Acting Assistant Commissioner Bill Searle and Inspector Gary Davey of NewZealand Police, for their verbal presentation.

    5.4 Colin Dale, Chair, Auckland Sport and Recreation Reference Group

    Purpose

    1. Colin Dale, Chair, Auckland Sport and Recreation Reference Group, wishes toaddress the Regional Development and Operations Committee on the Sport andRecreation Strategic Action Plan.

    Recommendation

    That the Regional Development and Operations Committee:

    a) thank Colin Dale, of Auckland Sport and Recreation Reference Group for his

    presentation.

    5.5 Asthma New Zealand and Mike Kandziora

    Purpose

    1. Linda Thompson, on behalf of Asthma New Zealand and Mike Kandziora, wish toaddress the Regional Development and Operations Committee on the reportAuckland Council Regional Plan: Air, Land and Water making the plan operative.

    Recommendation

    That the Regional Development and Operations Committee:

    a) thank Linda Thompson of Asthma New Zealand and Mike Kandziora for theirpresentations.

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    6 Local Board Input

    Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of thatChairperson) is entitled to speak for up to five (5) minutes during this time. TheChairperson of the Local Board (or nominee of that Chairperson) shall wherever practical,

    give two (2) days notice of their wish to speak. The meeting Chairperson has thediscretion to decline any application that does not meet the requirements of StandingOrders.

    This right is in addition to the right under Standing Order 3.9.14 to speak to matters on theagenda.

    At the close of the agenda no requests for local board input had been received.

    7 Extraordinary Business

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (asamended) states:

    An item that is not on the agenda for a meeting may be dealt with at that meeting if-

    (a) The local authority by resolution so decides; and

    (b) The presiding member explains at the meeting, at a time when it is open to thepublic,-

    (i) The reason why the item is not on the agenda; and

    (ii) The reason why the discussion of the item cannot be delayed until asubsequent meeting.

    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (asamended) states:

    Where an item is not on the agenda for a meeting,-

    (a) That item may be discussed at that meeting if-

    (i) That item is a minor matter relating to the general business of the localauthority; and

    (ii) the presiding member explains at the beginning of the meeting, at a timewhen it is open to the public, that the item will be discussed at the meeting;but

    (b) no resolution, decision or recommendation may be made in respect of that itemexcept to refer that item to a subsequent meeting of the local authority for furtherdiscussion.

    8 Notices of Motion

    At the close of the agenda no requests for notices of motion had been received.

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    Item9

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    Local Alcohol Policy Development Project: Preferred Position. Page 11

    Local Alcohol Policy Development Project: Preferred Position.

    File No.: CP2013/17793

    Purpose1. To provide the Regional Development and Operations Committee (the Committee) with a

    copy of the preferred position paper developed as part of the Local Alcohol PolicyDevelopment Project.

    Executive Summary2. In May 2013, officers completed an issues and options paper as part of the development of

    the Auckland Council Local Alcohol Policy (LAP). That paper formed the basis of the initialengagement phase, which is now complete. As part of this process, officers met with andreceived written feedback from a range of internal, external and political stakeholders. Thisreport provides a summary of the feedback received.

    3. The next phase of the project is the development of a preferred position paper for feedback.A copy of the paper is provided in Attachment A.

    4. The preferred position paper outlines officers recommendations for Auckland Councils draftLocal Alcohol Policy (LAP), which will be developed in October-November 2013 andreleased for full public consultation in early 2014. The purpose of the preferred positionpaper is to facilitate discussions with internal, external and political stakeholders as well aswith Auckland communities, prior to the development of the draft LAP. This report invitesthe Committee to provide feedback on the recommendations contained within the paper.

    5. Officers distributed copies to the Community Safety Forum members in advance of the 27August 2013 meeting. The feedback and recommendations from the Community Safety

    Forum are included in this report.6. This report:

    outlines the approach being recommended by officers for inclusion in the draft LAP summarises the evidence considered by officers in developing these recommendations summarises the feedback received through the initial engagement period.

    Recommendation/sThat the Regional Development and Operations Committee:

    a) note the feedback received from the Community Safety Forum; particularly the

    specific resolution that the Community Safety Forum:recommend to the Regional Development and Operations Committee the closingtime for on-licence premises in the Broad Area 1 be 3am with no extended closinghours trial period for Broad Areas 1 and 2.

    b) provide feedback on the following matters included in the Local Alcohol PolicyDevelopment Project Preferred Position Paper:

    i) Location broad areas

    ii) Location proximity

    iii) Density controls

    iv) Hours and one-way doorv) Discretionary conditions.

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    Local Alcohol Policy Development Project: Preferred Position. Page 12

    c) note that officers are also gathering feedback on the Local Alcohol PolicyDevelopment Project Preferred Position Paper from:

    i) Local boards

    ii) the Alcohol Programme Political Working Party

    iii) internal stakeholders and CCOs

    iv) A range of external stakeholders including the Public Health Sector ReferenceGroup, the Industry Stakeholder Reference Group and various otherorganisations

    v) Community groups and stakeholders

    vi) Councils advisory panels

    vii) the Independent Maori Statutory Board, rangatahi and mana whenua.

    d) note that officers will report to the relevant committee in November-December 2013to seek approval to release a draft Local Alcohol Policy for public consultation inearly 2014.

    DiscussionBackground

    7. In May 2012, after considering the Local Alcohol Policy Research Report prepared byCommunity Policy and Planning officers, the Committee approved the development of aLAP, subject to the enactment of the Alcohol Reform Bill (the Bill) (resolution numberRDO/2012/78(d)).

    8. On 11 December 2013, the Bill passed its final reading. The resulting legislation, the Saleand Supply of Alcohol Act 2012 (the SSAA), received Royal assent on 18 December 2012.

    Following this, on 31 January 2013, the Governing Body confirmed the process and timelinefor developing the Auckland Council LAP.

    Project overview

    9. The LAP can include policies on any or all of the following:

    location of licensed premises by reference to broad areas location of licensed premises by reference to proximity to premises or facilities of a

    particular kind or kinds whether further licences (or licences of a particular kind or kinds) should be issued for

    premises in the district concerned or any stated part of the district maximum trading hours

    the issue of licences, subject to discretionary conditions one-way door restrictions.

    10. For special licences, a LAP can only include provisions about hours, discretionary conditionsand one-way door restrictions. LAPs cannot include policies on any matter not relating tolicensing.

    Process and timeline

    11. The process and timeline for developing the Auckland Council LAP is summarised in thetable below. This process meets the requirements for developing a LAP as set out in theSSAA.

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    Step Timeframe Milestones

    1. Projectorganisation /governance

    Complete Joint political working party (PWP) established Industry and public health sector stakeholder

    reference groups established (SRGs)2. Issues analysis Complete Literature review completed by Councils Research

    Investigations and Monitoring Unit. (Currentlyundergoing peer review process before beingpublicly released)

    Issues identification, and issues and optionsanalysis workshops held with PWP and SRGs

    3. Optionsanalysis

    Complete

    4. Initialengagementperiod

    Complete Issues and Options Paper distributed for feedback Workshops and meetings with local boards, PWP,

    SRGs, community groups and industry Written feedback and submissions received

    5. Engagement onpreferredposition

    Current Preferred position paper:o tabled at Community Safety Forum meeting for

    feedbacko distributed to internal and external stakeholders

    for feedbacko reported to RDOC (this report) and to all local

    boards Pre-election meeting with PWP to confirm position Workshops and meetings to be held with SRGs,

    council advisory panels, community groups, Maorigroups and industry stakeholders

    6. Develop andgain approval ofdraft policy

    October 2013 January2014

    Analyse evidence and feedback and prepare draftpolicy

    Re-establish PWP following election Present draft policy to PWP Report to relevant committee following election to

    gain approval to release draft policy for publicconsultation

    7. Specialconsultativeprocedure

    February May 2014 Written submissions and hearings

    8. Provisionalpolicy

    June July 2014 Report to relevant committee to gain approval ofprovisional policy

    9. Appeals July August 201410. Adopt final

    policyLate 2014 Report to relevant committee for adoption of final

    LAP11. Implementation Late 2014

    Update: Issues and options analysis and initial engagement phase

    12. In May 2013, officers completed the issues and options analysis phase of the project, whichincluded:

    a review of legacy council approaches to liquor licensing through non-statutoryalcohol policies and/or district plans

    an environmental scan of alcohol policies and projects delivered by other localauthorities around New Zealand

    analysis of the alcohol-related submissions that the council received during thedevelopment of the Auckland Plan, Long Term Plan (2012-2022), and local board plans

    commissioning councils Research Investigations and Monitoring Unit to conduct a

    literature review on the effectiveness of different policy mechanisms in regulatingalcohol availability and reducing alcohol-related harms commissioning Market Economics Ltd. to undertake an economic impact assessment

    of restrictions on hours of trade for alcohol licensees in Auckland

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    updating the data and information required by the SSAA for developing a LAP holding workshops with the Political Working Party, Industry Stakeholder Reference

    Group and Public Health Sector Reference Group to discuss the issues and optionsanalysis.

    13. This information was used to develop an issues and options paper, which formed the basisof the initial engagement phase. During the initial engagement phase, officers met with, and

    received written feedback from a range of stakeholders and community groups. A full list ofthose that provided feedback is included in Attachment B and a summary of the feedbackreceived is outlined in Attachment C. Local board feedback is summarised in the LocalBoard Views section of this report.

    Current: Preferred position phase

    14. Following the initial engagement phase, officers developed the attached preferred positionpaper, which:

    outlines the approach being recommended by officers for inclusion in the draft LAP summarises the evidence and feedback considered by officers in developing these

    recommendations.

    15. The details of the preferred position are summarised in the table below:

    Location:BroadAreas

    The following six broad areas have been identified:

    Broad Area 1: Central City

    Broad Area 2: City Fringe Centres and Metropolitan Centres

    Broad Area 3: Town Centres, Local Centres, Rural Satellite Towns and Rural andCoastal Towns Including Onetangi) other than those located within BroadArea 6

    Broad Area 4: Suburban / residential areas and neighbourhood centres

    Broad Area 5: Rural and Coastal Villagesand Waiheke Island (excluding Onetangi)

    Broad Area 6: High Risk / High Stress Areas

    Note: these broad areas will be more specifically defined and mapped in the draft LAPwhen it is produced.

    On-licences Include provisions to restrict certain styles of on-licences fromlocating in Broad Area 4. This will be achieved by adopting adefault policy position that further on-licences should not be issuedin these areas unless a cumulative impact assessment shows thatthe impacts on the local community and businesses would beminimal. This would be targeted towards tavern style licencesrather than restaurants and cafes.

    Officers also consider that the LAP may need to specify additionalor more specific requirements for the notification of licenceapplications in Broad Areas 4 to 6. This will depend on the finalcontent of the regulations being developed by the Ministry ofJustice

    Off-licences Potentially include additional notification requirements for BroadAreas 4 to 6 (as outlined above)

    Club-licences No additional requirements

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    Density On-licences No regulation of the density of on-licences in Broad Areas 1 and 2

    Allow the community and statutory stakeholders to have a greatersay over the appropriate density of on-licences in Broad Areas 3, 5and 6 by requiring a cumulative impact assessment to becompleted for opposed on-licence applications

    Require a cumulative impact assessment for all new on-licenceapplications in Broad Area 4. This will also prevent certain typesof on-licences (e.g. taverns) from establishing too close toresidential areas (as outlined above under the location broadareas policy lever).

    These provisions would encourage the clustering of on-licences inBroad Areas 1 and 2

    Off-licences Limit the density of off-licences in Broad Areas 1 and 6 byimplementing a temporary freeze on the issue of new licences fortwo years (with limited exceptions).

    Allow the community and statutory stakeholders to have a greatersay over the appropriate density of off-licences in Broad Areas 2

    by requiring a cumulative impact assessment to be completed foropposed off-licence applications

    Require a cumulative impact assessment for all new off-licenceapplications in Broad Areas 3 to 5.

    Club licences No additional requirementsLocation:Proximity

    On-licences No additional requirementsOff-licences Recommend that conditions be applied to off-licences located

    within close proximity to liquor ban areas and/or on-licensedpremises to prohibit the sale of single serves. This would need tobe clearly defined

    Include a requirement for applicants to consider the impact of theproximity of off-licences to on-licences under the cumulative

    impact assessmentClub licences No additional requirements

    Hours On-licences Maximum trading hours as follows:o Broad Area 1: 8am 4am with extended hours for a trial

    period on a case-by-case basiso Broad Area 2: 8am 3am with extended hours for a trial

    period on a case-by-case basiso Broad Areas 3 to 6: 8am 1am

    Exception for Auckland International Airport, including land sidelicences

    Exception of sales from mini-bar.Off-licences Maximum trading hours of 9am 10pm across the region for all

    off-licences Limited exceptions:

    o For wineries that have a cellar door licence as well as anon-licence for an attached restaurant, the cellar door hourswill align with the on-licence hours only for the purpose ofselling wine to diners to take away

    o Remote/online sales will be allowed at any time, inaccordance with the SSAA. However, the maximum hoursfor delivery of alcohol will be 9am 8pm

    Club licences Maximum trading hours of 8am 1am across the region for all off-licences

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    Conditions On-licences Recommend that licence decision-makers consider applyingdiscretionary conditions relating to the following:

    For all on-licences across Auckland: conditions prescribing steps to be taken by licensee to ensure they

    dont sell to prohibited persons as stated in SSAA sect 110(1)a conditions prescribing steps to ensure compliance with

    requirements regarding management of premises stated in SSAAsect 110(1)b

    the display of information about safe drinking and transportavailability

    the removal of bottles etc from public areas adjacent to thepremises on public areas

    the times at which bins containing glass bottles can be emptied(i.e. to limit noise)

    the maintenance of an incident log book

    For all on-licences in Broad Areas 2 to 6:

    the times at which outdoor audio equipment may be used

    For all on-licences in Broad Area 6: the use of CCTV

    For all tavern style on-licences across Auckland: the designation of the premises as a restricted area compulsory staff training minimum staff numbers (for high risk premises)

    For all tavern style on-licences in the Broad Areas 1 and 2 security staff after 1am where practical queue management (e.g. requirement not to obstruct access along

    public footpaths)

    For all endorsed on-licences (caterers) across Auckland compulsory staff training minimum staff numbers

    Off-licences Recommend that licence decision-makers consider applyingdiscretionary conditions relating to the following:

    For all off-licences across Auckland: the removal of bottles etc from public areas adjacent to the

    premises on public areas the maintenance of an incident log book restriction of single sales, especially for premises located within

    close proximity to liquor ban areas and on-licences the display of information about safe drinking and transport

    availability

    For all off-licences in Broad Area 6: the use of CCTV

    Club licences Recommend that licence decision-makers consider applyingdiscretionary conditions relating to staff training for all club licencesacross Auckland

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    Consideration

    Local Board Views

    16. The table below provides a summary of the feedback on each of the policy options receivedfrom local boards. A copy of specific resolutions passed by local boards is also attached asAttachment B.

    Policy lever Option Summary of local board feedback

    Location broad areas

    1. Status quo Generally not the preferred option as would not decreasealcohol-related harm

    A few local boards considered status quo sufficient for theirown area but considered other board areas need greaterrestrictions

    2. Location controlsbased on land use / othercharacteristics

    Well supported by the local boards Boards mostly support distinctions based on land use (e.g.

    commercial, rural etc) but some support for wider socio-economic considerations

    Some support for clusters of on-licences (e.g. entertainmentprecincts idea)

    3. Location controls forhigh stress / high riskzones

    Reasonable support for this option Other local boards were interested but wanted more

    information about how it would work for Auckland4. Consider location oflicences as a factor indetermining appropriatedensity, hours andconditions

    No extensive feedback on this specific option, althoughmany comments in relation to hours, density and conditionsindicated preference for local variation

    Location -proximity

    1. Status quo Local boards tended to acknowledge this is an importantissue for local communities

    2. Buffer zones aroundsensitive sites

    Local boards were concerned about licences being locatedclose to certain sites but also acknowledged practical issues

    with implementing buffer zones Most concerns focused on off-licences located close to

    schools Some boards discussed impact of alcohol advertising on

    children3. Discretionaryconditions based onproximity to sensitivesites

    Supported by some local boards as a potential compromisefrom option 2

    Density 1. Status quo Some local boards did not consider density was an issue fortheir area (e.g. west boards due to trust areas)

    2. Cumulative impactapproach

    A number of boards were interested in this option Some thought it could be used to determine appropriate

    conditions Others thought it should be required for opposed

    applications3. Temporary freeze Supported by some local boards4. Regional cap Generally not supported some boards specifically

    opposed, others preferred other options Would not account for local variations Considered too static

    5. Localised sinking lid Support for this approach in South Auckland, particularly foroff-licences

    Some boards opposed to this option

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    Maximumtrading hours

    1. Status quo nationaldefault hours

    Mixed views Some concerns about opening hours

    2. Fixed trading hoursacross the region morepermissive or morerestrictive

    Generally not supported most boards prefer hours variedby location

    3. Varied hours bylocation, by kind oflicence, by type ofpremises and/or by risk

    Strong support from local boards Most distinguished between business/commercial areas

    (e.g. CBD, town centres) and residential/suburban areas Preferred option - Hours dependant on licence kind

    o On-licences: Varied by locationo Off-licences: 9am/10am - 9pm region

    No exceptions for supermarkets Some boards supported the idea of high risk / high stress

    and saw potential to link in with the high risk / high stressapproach under location

    4. Extended hours for trialperiod

    Mixed responses from local boards Potential to link with other options (e.g. cumulative impact

    assessment, community impact statement)5. Community impactstatement

    Some support as another tool in the box Others concerned that this will not be a meaningful process

    i.e. contracted out to consultants6. One-way door policy Some support mixed views

    Discretionaryconditions

    Generally supportive - put the onus on the premises Some boards suggested that council needs to be mindful of

    compliance costs

    Maori Impact StatementResearch and data on Maori and alcohol

    17. Where possible, officers have gathered data on alcohol-related issues by ethnicity. Forexample, data collected from the three Auckland-based district health boards (2012) showedthat for the 2010/11 fiscal year, Maori had proportionately higher rates of alcohol-relatedemergency department presentations.

    Engagement with Maori

    18. Officer are currently working with the Policies and Bylaws team, Maori Strategy andRelations Department, policy advisors at the Independent Maori Statutory Board and HapaiTe Hauora to develop a plan for engaging with Maori on alcohol issues. This plan is likely to

    include engagement with rangatahi (youth) as part of the Atamira event as well as a hui withmana whenua to discuss both the LAP Project and the Alcohol Control (Liquor Ban) BylawProject.

    Other

    19. The IMSB is represented on the Political Working Party. Hapai Te Hauora Tapui isrepresented on the Public Health Sector Reference Group.

    Iwi management plans

    20. There are no specific references in Iwi Management Plans to alcohol or alcohol policy, otherthan a statement about general health and well-being.

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    General

    The preferred position paper was presented to the Community Safety Forum for feedback on 27August 2013. It was resolved at this meeting (Resolution number CS/2013/1) that the CommunitySafety Forum:

    a) note the feedback received on the Local Alcohol Policy Issues and Options Papersummarised in this report.

    b) forward the report and the tabled preferred position paper to all the Local Boards fortheir feedback and also note that it will be reported to the Regional Development andOperations Committee in September 2013.

    c) note that staff will also make the Local Alcohol Policy Development Project PreferredPosition Paper available to internal and external stakeholders, community groups,councils advisory panels, the Independent Maori Statutory Board, and will provideopportunities for them to respond.

    d) recommend to the Regional Development and Operations Committee the closing timefor on-licence premises in the Broad Area 1 be 3am with no extended closing hourstrial period for Broad Areas 1 and 2.

    e) seek a 100-metre buffer zone around schools and other sensitive sites for new off-licences.

    f) recommend the possibility of a freeze or sinking lid in residential areas with highdensity (of outlets) with examples being suburbs such as Oranga or Manurewa.

    g) seek further information on the implementation of a one-way door policy from 2am foron-licences.

    21. Resolution d), which was a specific recommendation to the Regional Development andOperations Committee, has been noted in the recommendations of this report. Officers willfollow up on the requests contained in resolutions e) to g) and will circulate a memo coveringthese matters to the members of the Committee in advance of the meeting.

    Implementation Issues22. Implementation of the Auckland Council LAP will not occur until 2014.

    AttachmentsThere are no attachments for this report.

    Signatories

    Authors Belinda Hansen - Principal Policy Analyst

    Michael Sinclair - Team Leader, Regionwide Social PolicyAuthorisers Penny Pirrit - Regional & Local Planning Manager

    Roger Blakeley - Chief Planning Officer

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    Sport and Recreation Strategic Action Plan

    File No.: CP2013/12888

    Purpose

    1. To present the Sport and Recreation Strategic Action Plan (SARSAP) to the RegionalDevelopment and Operations Committee for endorsement.

    Executive Summary2. The Sport and Recreation Strategic Action Plan is an Auckland wide document that has

    been developed in collaboration with the wider recreation and sport sector. The outcome ofthis collaboration is a strategic action plan that supports Auckland as a whole to deliver onits vision to be The worlds most liveable city Te pai me te whai rawa o Tamaki.

    3. The Sport and Recreation Strategic Action Plan delivers on the strategic directives of theAuckland Plan, particularly those identified in chapter five and supports priorities identified inthe 21 local board plans. It also supports wider sector plans for health, social well-being,

    and economic development, and will be a guiding document for relevant stakeholders withinand outside the recreation and sport sector.

    4. The Sport and Recreation Strategic Action Plan provides a clear shared vision to makeAucklanders more active, more often over the next ten years. It will achieve this vision byfocusing on four priority areas:

    Participation - more Aucklanders live physically active lives through participating ininformal physical activity, recreation and sport.

    Infrastructure - access to open spaces and harbours, coastlines and waterways and afit for purpose network of facilities enables physical activity, recreation and sport at alllevels.

    Excellence in recreation and sport - pride is built in Aucklands recreation andsporting achievements and strong sporting culture, talent is nurtured and excellence iscelebrated.

    Sector development - a strong and capable sector that delivers quality recreation andsport experiences in a sustainable way that contributes to Aucklands economy.

    5. The four priority areas are supported by a number of actions and initiatives that together willhelp the recreation and sport sector deliver on the vision of the strategic action plan.

    6. The development of the Sport and Recreation Strategic Action Plan has been sponsored bythe Auckland Sport and Recreation Reference group. Auckland Council has worked in

    partnership with the recreation and sport sector in particular with Sport New Zealand,Auckland Sport, Harbour Sport, Sport Auckland, Sport Waitakere, Counties Manukau Sportand He Oranga Poutama. Delivery of the actions and initiatives identified within the Sportand Recreation Strategic Action Plan will not solely fall to Auckland Council, many will be theresponsibility of other groups or institutions.

    7. The information received through the public consultation process was used to revise theSport and Recreation Strategic Action Plan.

    8. Once endorsed by the Regional Development and Operations Committee, the Sport andRecreation Strategic Action Plan will be circulated to key stakeholders, who have a lead rolein the initiatives, for sign-off and agreement to work collaboratively in delivering the actionplan.

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    Recommendation/sThat the Regional Development and Operations Committee:

    a) endorse the Sport and Recreation Strategic Action Plan.

    b) note that officers will circulate a copy of the Sport and Recreation Strategic Action Plan to

    all local boards.

    c) note that the Sport and Recreation Strategic Action Plan will be circulated to key partnerswho are identified to lead initiatives to obtain their endorsement of the plan and theiragreement to working collaboratively on its implementation.

    DiscussionProject overview

    9. SARSAP is an Auckland wide document that has been developed in collaboration with thewider recreation and sport sector. The outcome of this collaboration is a strategic actionplan that supports Auckland to deliver on its vision to be The worlds most liveable city Te

    pai me te whai rawa o Tamaki.

    10. SARSAP delivers on the strategic directives of the Auckland Plan, particularly thoseidentified in chapter five and supports priorities identified in the 21 local board plans. It alsosupports wider sector plans for health, social well-being, and economic development, andwill be a guiding document for relevant stakeholders within and outside the recreation andsport sector.

    11. SARSAP provides a clear shared vision to make Aucklanders more active, more often overthe next ten years. It will achieve this vision by focusing on four priority areas:

    Participation - more Aucklanders live physically active lives through participating ininformal physical activity, recreation and sport.

    Infrastructure - access to open spaces and harbours, coastlines and waterways and afit for purpose network of facilities enables physical activity, recreation and sport at alllevels.

    Excellence in recreation and sport - pride is built in Aucklands recreation andsporting achievements and strong sporting culture, talent is nurtured and excellence iscelebrated.

    Sector development - a strong and capable sector that delivers quality recreation andsport experiences in a sustainable way that contributes to Aucklands economy.

    12. The four priority areas are supported by a number of actions and initiatives that together willsupport the recreation and sport sector deliver on the vision of the strategic action plan.

    13. In February 2012, officers reported to the Parks, Recreation and Heritage Forum outliningthe timing and process to develop a Sport and Recreation Strategy, which was subsequentlyrenamed the Sport and Recreation Strategic Action Plan to recognise its focus on actions.

    14. In 2012, officers developed a draft discussion document, which identified potential strategicpriorities for recreation and sport. Workshops were held with local boards, Maoristakeholders, and key sector stakeholders to obtain feedback on the priorities and identify avision for recreation and sport in Auckland. The feedback obtained through the workshopswas used to inform the development of the draft SARSAP.

    15. In April 2013, officers attended workshops with the Parks, Recreation and Heritage Forumand key external stakeholders such as the Auckland Sport and Recreation Reference Group

    (ASRRG), and regional and local recreation and sport organisations (including organisationssuch as College Sport) to obtain feedback on a working draft.

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    16. In May 2013, officers reported to the Parks, Recreation and Heritage Forum seeking theForums approval to commence public consultation on the draft.

    Public consultation

    17. Public consultation on the draft occurred between 17 May and 30 June 2013. Consultationincluded five stakeholder workshops, a Peoples Panel survey and an online feedback form.

    Copies of the draft Sport and Recreation Strategic Action Plan were made available atcouncil service centres, on the council website and also through the regional sports trustsand Sport New Zealand.

    18. In addition to public consultation officers also attended local board workshops and meetingswith council forums and panels to obtain additional input. The table below provides asummary of the method of consultation, the approach and participation. Attachment 2provides a summary of the feedback received and revisions made to the SARSAP as aresult of this feedback.

    Method Consultation Approach Participation

    Peoples Panel survey

    General questions around recreationand sport and the actions within the

    action plan.

    3289 respondents

    Online feedback formand emailed feedback

    Review of document and focus onprioritising initiatives and roles fordelivery.

    85 respondents

    Stakeholder workshopsFocus on initiatives and prioritisinginitiatives and roles for delivery.

    5 workshops114 participants

    Local board workshopsand feedback

    Review of document and focus on theactions and initiatives relating toparticipation and infrastructure.

    18 local boardsresponded

    Panel/ forum meetingsand feedback

    Focus on the actions and initiativesmost relevant to the panel or forum.

    3 panels responded(Disability AdvisoryGroup, Youth Panel,

    Regional KaitiakiHui)

    Consideration

    Local Board Views

    19. During mid 2012, local boards attended workshops on the draft discussion document andthe feedback provided was used to inform the development of the draft SARSAP.

    20. On 6 May 2013, a briefing was held with local board portfolio leads to discuss thedevelopment of the SARSAP. At this briefing, officers outlined the findings of the discussiondocument analysis and how the information provided by local boards was used in the

    development of the draft SARSAP.

    21. During May and June 2013 officers attended local board business meetings and workshopsto present the draft SARSAP and seek formal feedback.

    22. A memo was provided to local boards following the receipt of formal feedback, updating thelocal boards on how their feedback was incorporated into the revised SARSAP.

    Maori Impact Statement

    23. During mid 2012, Maori stakeholders attended workshops on the draft discussion document,the feedback provided was used to inform the development of the draft SARSAP.

    24. On 28 May 3013 officers attended the Regional Kaitiaki Hui to present the draft SARSAP

    and receive feedback from forum members on the content.

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    25. Auckland Council has worked with He Oranga Poutama in the development of the SARSAP.He Oranga Poutama is a Sport New Zealand initiative supporting Maori participation incommunity sport and traditional physical recreation.

    26. Officers and He Oranga Poutama will continue to work with iwi and Maori organisations todeliver on the initiatives identified within the SARSAP.

    General27. Council has worked in partnership with the recreation and sport sector in the development of

    the SARSAP, in particular with Sport New Zealand, Auckland Sport, Harbour Sport, SportAuckland, Sport Waitakere, Counties Manukau Sport and He Oranga Poutama.

    28. The development of the SARSAP has been sponsored by the Auckland Sport andRecreation Reference Group (ASRRG), an independent reference group supported byAuckland Council, which provides feedback and engagement on a range of sporting andrecreation ideas, innovations and plans.

    29. In the development of the SARSAP officers consulted a wide variety of stakeholders andinterested parties in the recreation and sport sector and wider community.

    Implementation Issues30. The SARSAP is a guiding document for Auckland Council and key stakeholders in the

    recreation and sport sector. Delivery of the actions and initiatives identified with theSARSAP will not solely fall to Auckland Council, many will be the responsibility of othergroups or institutions within the recreation and sport sector. A joint steering group wasestablished to guide the development of content for the SARSAP, and includedrepresentatives from Sport New Zealand, Auckland Sport, Harbour Sport, Sport Auckland,Sport Waitakere, Counties Manukau Sport and He Oranga Poutama. An implementationleadership team will have responsibility for overseeing the implementation plan anddelivering the initiatives identified in the SARSAP.

    31. Once endorsed by the Regional Development and Operations Committee, the SARSAP willbe circulated to key partners, who are identified to lead initiatives, to obtain theirendorsement of the plan and their agreement to working collaboratively on itsimplementation.

    32. It is intended that funding of the SARSAP or the sourcing of funding for initiatives will be theresponsibility of the body, or bodies, identified to lead delivery. These agencies may,however, work collaboratively with other parties to source funding where required. As sectordevelopment initiatives are delivered, it is intended that new avenues of funding will becomeavailable through public private partnerships, greater levels of philanthropy, new fundingmodels and a greater leveraging of existing investment.

    33. In terms of the budget implications for Auckland Council, some initiatives are already funded

    through Auckland Councils operational or capital budgets, such as the development ofrecreation centre and swimming pool network plans and region-wide sportfields renewals.Other initiatives will be funded by prioritising the allocation of resources within existingbudgets. As with other similar strategies, funding for new initiatives that cannot be deliveredby reprioritising existing resources will be sought through Councils annual plan and Long-term planning processes.

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    Attachments

    No. Title Page

    A Sport and Recreation Strategic Action Plan (Under Separate Cover)

    B Summary of feedback for the Sport and Recreation Strategic Action Plan 27

    Signatories

    Authors Antonia Butler - Principal Policy Analyst

    Authorisers Penny Pirrit - Regional & Local Planning Manager

    Roger Blakeley - Chief Planning Officer

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    Attachment B Summary of feedback for the Sport andRecreation Strategic Action Plan

    Public consultation

    1. Public consultation on the draft Sport and Recreation Strategic Action Plan (SARSAP)occurred between 17 May and 30 June 2013. This included a Peoples Panel survey, onlinefeedback form and stakeholder workshops. Copies of the draft Sport and RecreationStrategic Action Plan were made available at council service centres, on the council websiteand also through the local regional sports trusts (RSTs) and Sport New Zealand. Over 500stakeholders were contacted during the consultation period, provided links to the draftSARSAP and online feedback form, and invited to attend one of the workshops.

    2. In addition to public consultation officers also attended local board workshops and meetingswith council forums and panels to obtain additional input.

    3. The feedback received through the consultation period, along with that from local boards,panels and forums, was used to revise the draft SARSAP.

    Peoples Panel Survey

    4. The survey asked general questions around recreation and sport, with a focus on whatwould encourage Aucklanders to be more active, more often. Targeted questions wereasked around the priority areas and actions within the action plan. 3289 people completedthe Peoples Panel survey. Respondents primary area of participation was in informalrecreation with the most common activities being walking, jogging, swimming and water use,playground use, and cycling.

    Peoples Panel Feedback

    The most effective way to encourage participation in recreation and sport is through: free and low cost activities family friendly activities pathways for young people better transportation.

    Decisions around using recreation and sport facilities is influenced by: cleanliness of facility maintenance of facility quality of the amenity and services

    perceptions of safety.

    Facility networks require: a range of parks and open spaces more facilities in high density areas better public transport to facilities wider use of schools and community facilities.

    Onlinefeedback form, emailed feedback and workshops

    5. The online feedback form asked general questions on the vision and priority areas identifiedin the SARSAP. It also asked targeted questions on the actions, and requested respondents

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    to prioritise initiatives and identify who should lead them. Eight-five people responded to theonline survey or emailed feedback on the draft SARSAP. Most respondents wereassociated with an established recreation or sporting club, association, or body. Half of therespondents primarily participated in formal recreation activities and half primarilyparticipated in sporting activities.

    During the workshops the vision and priority areas identified in the SARSAP were discussed.Workshop discussions focused on the actions and initiatives within the SARSAP.Participants were given the opportunity to provide feedback on the initiatives, prioritise theirdelivery and identify who should lead the initiatives. 5 workshops were held across Aucklandover the consultation period. These were delivered jointly with the RSTs and 114 peopleattended. Most respondents were associated with an established recreation or sporting club,association or professional body. The majority of the respondents primarily participated inthe sporting activities.

    Local board workshops and panel and forum meetings

    6. During the workshops with local boards the vision and priority areas identified in theSARSAP were discussed. The workshops focused on the actions and initiatives associatedwith the priority areas of participation and infrastructure. Local boards were asked toprioritise the initiatives and identify who should lead them. Eighteen local boardsparticipated in workshops.

    Officers attended meetings with the Youth Panel, the Disability Advisory Group and theRegional Kaitiaki Hui. Presentations focused on the actions and initiatives within theSARSAP most relevant to the panel or forum. Feedback was received on the generalcontent of the document.

    Feedback themes and changes to the SARSAP7. The following table identifies the key themes of feedback received through public

    consultation, the local board workshops and panel and forum presentations, and thechanges that were made to the SARSAP as a result. The feedback received from thePeoples Panel survey was used to concept check the general content of the SARSAP, thedirection of the actions and the focus of the initiatives.

    Key themes of feedback Changes to the SARSAPGeneral document

    Overall agreement with vision,priority focus areas and direction

    of SARASP Greater emphasis on physical

    activity, active transport, activeinformal recreation andemerging/growing sports andrecreation

    Participation is a priority Address funding for the SARSAP Make the wording of initiatives

    more specific and action focused

    General document Vision and priority areas were kept the same Additional text was added on issues

    associated with transport Additional text was added around the benefits

    of physical activity and the importance ofsupporting emerging/growing recreation andsport

    New initiative added to develop an InformalRecreation Plan for Auckland

    A section was added on funding the delivery ofthe SARSAP

    The wording of some actions was revised to bemore action focused

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    Key themes of feedback Changes to the SARSAP

    Actions and initiatives1

    Address transport, such asimproving integrated planning,

    and access and affordability Provide better provision for older

    people and recognise theirpotential contribution asvolunteers

    Address issues of safety linked toparticipation

    Provide for increased localisedprovision of opportunities

    Address the equity of provision,access, funding, support andparticipation costs across sport

    and recreation activities Need to cater to broader range of

    sport and informal recreation inparks growing, new andemerging

    Better show the importance of therole of schools as a settingfor engaging children and youngpeople in being more physicallyactive and participating insport and recreation

    Better alignment of Ministry ofEducation/Council provision foropen space and facilities

    Support for partnerships andmultisport facilities

    Make it easier to provideincreased access for water basedactivities

    Add role of professionalfranchises in encouragingparticipation

    Add recognise and celebrate

    volunteers

    Actions and initiativesParticipation

    New initiative - Work with AucklandTransport and other government agencies to

    provide free or low cost public transport fromschools to venues for recreation and sport New initiative Investigate ways to reduce

    the costs of participation of recreation andsports in school and at clubs

    New initiative Invest in increased localisedprovision of recreation programmes and sport

    New initiative Work with ATEED to promoteAucklands active recreation opportunities aspart of Aucklands appeal as a touristdestination

    Infrastructure New initiative Develop innovative ways to

    address inequities identified through assessingthe equity of access to facilities, funding anddifferent participation costs

    New initiative Advocate to AucklandTransport through the review of the regionalpublic transport network to provide improvedroutes to recreation and sport facilities atappropriate times

    New initiative Develop travel plans for majorsports grounds, multisport facilities andrecreation precincts

    New initiative Develop a tool to provideguidance for prioritising investment in facilitiesat a local level

    Excellence in recreation and sport New initiative Work with sporting franchises

    to support their community engagementprogrammes that encourage participation

    New initiative Investigate the best approachto provide high performance ambassadorprogramme to mentor up-and-coming athletes

    Sector development

    New initiative Develop programmes andevents to provide more recognition andcelebration of volunteer effort

    New initiative Work with the SouthernInitiative to develop recreation and sportpriorities to deliver on this transformationalaction

    1Changes to the actions and initiatives as a result of the feedback may be reflected across multiple priority

    areas shown in the second column.

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    Auckland Council Regional Plan: Air, Land and Water - Making the planoperative

    File No.: CP2013/20518

    Purpose1. This report seeks authorisation to make the Auckland Council Regional Plan: Air, Land and

    Water fully operative.

    Executive Summary2. The Auckland Council Regional Plan: Air, Land and Water (ALW Plan) was notified in

    October 2001 with hearings held through 2003.

    3. In October 2010 the ALW Plan was made operative in part. Further parts of the Plan weremade operative in April 2012.

    4. All appeals to the ALW Plan have now been resolved or withdrawn and staff recommendthat the Committee resolves to make the ALW Plan fully operative.

    Recommendation/sThat the Regional Development and Operations Committee:

    a) resolve to approve the Auckland Council Regional Plan: Air, Land and Waterpursuant to Clause 17(1) of the First Schedule of the Resource Management Act1991, with resulting amendments to Chapter 5 of the plan text and related definitions.

    b) resolve to effect this adoption by affixing the Council seal to the Auckland CouncilRegional Plan: Air, Land and Water pursuant to Clause 17(3) of the First Schedule ofthe Resource Management Act 1991.

    c) resolve to make operative the Auckland Council Regional Plan: Air, Land and Waterpursuant to Clause 20 of the First Schedule of the Resource Management Act 1991.

    d) delegate authority to the Manager Planning North/West to complete the FirstSchedule process to make the Auckland Council Regional Plan: Air, Land and Wateroperative pursuant to Clauses 17 and 20 of the First Schedule of the ResourceManagement Act 1991.

    Discussion5. The Auckland Council Regional Plan: Air, Land and Water (ALW Plan) was notified in

    October 2001 with hearings held through 2003. The decisions version of the Plan was

    released in November 2004 and appeals were lodged with the Environment Court in 2005.A total of 64 appeals were submitted against the Plan and there were 42 section 274 parties.

    6. In October 2010 the ALW Plan was made operative in part. Further parts of the Plan weremade operative in April 2012.

    7. The Hearings Committee approved the resolution of the remaining appeals to the ALW Planon 21 June 2013. These remaining appeals related to sewage solids and biosolids.

    8. Consent documentation associated with the sewage solids and biosolids appeals wasexecuted by all parties and submitted to the Environment Court on 31 July 2013. A sealedconsent order together with a track changes version of the amendments was received fromthe Environment Court on 13 August 2013 (Attachment A).

    9. Further consent orders approving the resolution of appeals to the ALW Plan have beenapproved by the Hearings Committee since the Regional Development and OperationsCommittee made further parts of the plan operative in April 2012. These are in Attachment Balong with track change versions of their amendments.

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    10. All appeal points that were lodged against the whole of the ALW Plan have now beenwithdrawn or resolved.

    11. Staff have undertaken a review of the ALW Plan which has resulted in minor changes thatmeet the requirements set out in clause 16(2) and clause 20A of the First Schedule to theRMA. The Manager Planning North West has delegation to make these minor amendments.

    12. Copies of the amended and repaginated ALW Plan will be available for inspection at theCommittees meeting.

    Consideration

    Local Board Views

    13. The ALW Plan was notified in 2001, prior to the formation of the Auckland Council on 1November 2010, and consequently preceded the formation of the Local Boards.

    Maori Impact Statement

    14. The ALW Plan has been processed according to RMA requirements. In accordance with theformer Auckland Regional Councils consultation processes, Iwi were contacted directly atthe time of public notification in 2001 and advised they could make submissions on the ALWPlan. This was preceded by pre-notification consultation, undertaken by the former AucklandRegional Council.

    General

    15. Under clause 17 of Schedule 1 of the RMA a local authority shall approve a plan if allsubmissions or appeals have been resolved and any amendments under clause 16 orvariations under clause 16A have been made. This approval is effected by the affixing of theCouncil seal. The approved plan can then be publicly notified as becoming operative on adate at least 5 working days after the date of that public notification (Schedule 1, clause 20).

    Implementation Issues16. The recommendations to adopt and make the ALW Plan fully operative are consistent with

    the Councils policies and strategies and do not trigger the significance policy.

    17. Pursuant to Clauses 17 and 20 of the First Schedule of the RMA, the Council must nowapprove the ALW Plan and publicly notify it as operative.

    18. There will be some minor administrative costs involved in making the ALW Plan fullyoperative. These costs can be accommodated within the existing Regional and LocalPlanning Departments budget.

    AttachmentsNo. Title Page

    A Sealed consent order (Sewage solids and biosolids) 33

    B Further sealed consent orders since April 2012 45

    Signatories

    Authors Andrew McPhee - Planner

    Authorisers Penny Pirrit - Regional & Local Planning Manager

    Roger Blakeley - Chief Planning Officer

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    Local approved products policy (psychoactive substances)

    File No.: CP2013/20339

    Purpose1. To provide an overview of the Psychoactive Substances Act 2013 (the Act), the

    development of a local approved products policy, and the potential roles and associatedtimeframes for Auckland Council in relation to psychoactive substances.

    Executive Summary2. On 17 July 2013, the Psychoactive Substances Bill was enacted. The purpose of the Act is

    to regulate the availability of psychoactive substances in New Zealand to protect the healthof, and minimise harm to, individuals who use psychoactive substances (s3). Psychoactivesubstances are the active ingredients in party pills, energy pills and herbal highs.

    3. The Act came into effect on 18 July 2013, and immediately banned the sale of allpsychoactive substances from dairies, supermarkets, convenience and grocery stores,service stations and places where alcohol is sold. The Act also restricts the sale ofpsychoactive products to people over 18, and introduces a wide range of restrictions onadvertising, signage and labelling.

    4. Psychoactive substances must now be approved before sale, and a licensing regime hasbeen established for any New Zealand resident who wishes to import, manufacture,research or sell psychoactive substances, or sell approved products. To be approved, theproduct must pose no more than a low risk of harm to individuals using it. An interimlicensing and approval process was established for 28 days following enactment.

    5. The Act provides for the development of regulations, which can cover a wide range of

    matters such as fees, licensing and approval processes, form of approved product,advertising, health warnings, record-keeping and other general matters. The regulations arecurrently under development through the Ministry of Health and are anticipated to becompleted by the end of 2013. Auckland Council has the opportunity to signal its interest inthe development of these regulations and provide feedback before they are put in place.

    6. A key feature of the Act is that it enables territorial authorities to make a local approvedproducts policy specifying where approved products may be sold. However, the scope,implementation and enforcement of this policy is currently unclear, and will need to beguided by the extent of the regulations. The development of a Local Approved ProductsPolicy should not be undertaken until these regulations have been drafted.

    Recommendation/sThat the Regional Development and Operations Committee:

    a) approve staff from Community Policy and Planning to provide feedback to theMinistry of Health as they develop the regulations that will support the PsychoactiveSubstances Act 2013

    b) approve staff from Community Policy and Planning to undertake initial scoping andworkplan development for a local approved products policy; noting that approval forthe workplan will be sought following the completion of regulations that support thePsychoactive Substances Act 2013

    c) note that approval for extra budget requirements associated with the development of

    a local approved products policy will be sought from the Strategy and FinanceCommittee prior to the workplan being submitted for approval

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    Discussion7. On 17 July 2013, the Psychoactive Substances Bill was enacted to regulate the availability

    of psychoactive substances in New Zealand to protect the health of, and minimise harm to,individuals who use psychoactive substances (s3). Psychoactive substances are the activeingredients in party pills, energy pills and herbal highs.

    8. Key features of the Act include:

    Restrictions on where psychoactive substances are sold Product approval and licence required before psychoactive products may be sold Restrictions and requirements for advertising, signage and product labelling Age restrictions Regulations Interim approval and licensing process

    Ability for territorial authorities to make a local approved products policy

    9. All psychoactive substances are now permanently banned from being sold at dairies,

    supermarkets, convenience and grocery stores, service stations and places where alcohol issold.

    Product approval and licence required before psychoactive products may be sold

    10. No psychoactive products may be sold unless they are approved by the PsychoactiveSubstances Regulatory Authority (the Authority).