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

Date: Time: Meeting Room: Venue:

Thursday, 19 September 2013 9.00am Reception Lounge Level 2 Auckland Town Hall 301-305 Queen Street Auckland

Regional Development and Operations Committee OPEN AGENDA


MEMBERSHIP Chairperson Deputy Chairperson Councillors Cr Ann Hartley, JP Cr Sandra Coney, QSO Anae Arthur Anae Cameron Brewer Mayor Len Brown, JP Dr Cathy Casey Alf Filipaina Hon Chris Fletcher, QSO Michael Goudie Deputy Mayor Penny Hulse Mike Lee Des Morrison Richard Northey, ONZM

Calum Penrose Dick Quax Noelene Raffills, JP Sharon Stewart, QSM Member David Taipari Member Patience Te Ao Sir John Walker, KNZM, CBE Wayne Walker Penny Webster George Wood, CNZM

(Quorum 11 members) Barbara Watson Democracy Advisor 11 September 2013 Contact Telephone: (09) 307 7629 Email: barbara.watson@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 The Regional Development and Operations Committee will have responsibility for determining operational policy decisions for Council and dealing with associated issues. The committee will also have responsibility for developing policy and plans to advance the economic, social, cultural and environmental well-being of Auckland and has authority to delegate powers to subcommittee(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, environmental and cultural wellbeing of the regional community; To deal with matters within the Councils Governing Body responsibility relating to the navigation and safety functions; To undertake legal responsibilities as defined under the Reserves Act 1977 (e.g. concessionary lease policy and execution, changes in classification, sale of land under the Reserves Act 1977, management plans); note that Local Boards are allocated responsibility for reserve management 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 and cultural 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 specific areas of responsibility These forums do not have decision making powers but can recommend policy and planning amendments to the Regional Development and Operations committee. Relevant legislation includes but is not limited to:
Resource Management Act 1991 Soil Conservation & Rivers Control Act 1941 Hauraki Gulf Marine Park Act 2000 Biosecurity Act 1993 Litter Act 1979 Land Transport Act 1998 Hauraki Gulf Marine Park Act 2000 Local Government Act 2002 Maritime Transport Act 1994 Reserves Act 1977 Hazardous Substances and New Organisms Act 1996 Local Government (Auckland) Amendment Act 2004 Land Transport Management Act 2003 Waitakere Ranges Heritage Area Act 2008

Regional Development and Operations Committee 19 September 2013 ITEM TABLE OF CONTENTS 1 2 3 4 5 Apologies Declaration of Interest Confirmation of Minutes Petitions Public Input 5.1 5.2 5.3 5.4 5.5 6 7 8 9 10 Members of the Alcohol Programme Industry Stakeholder Reference Group Auckland Regional Public Health Service, Craig Heta New Zealand Police, Acting Assistant Commissioner Bill Searle and Inspector Gary Davey Colin Dale, Chair, Auckland Sport and Recreation Reference Group Asthma New Zealand and Mike Kandziora PAGE 7 7 7 7 7 7 8 8 8 8 9 9 9 11 21

Local Board Input Extraordinary Business Notices of Motion Local Alcohol Policy Development Project: Preferred Position. Sport and Recreation Strategic Action Plan 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 12 13 14 15 16 17 18 19 20

Auckland Council Regional Plan: Air, Land and Water - Making the plan operative Local approved products policy (psychoactive substances) Public Art Policy - Approval of final policy Proposed purchase of the Community House and Community Hall at Hobsonville Point Waitemat Harbour Stormwater Network Discharge Consent Stormwater Priorities Consultation Controls under the Solid Waste Bylaw 2012 for the separation and collection from kerbside of domestic waste Dedication of Road Reserves at Karaka Rd, Beachlands Economic Development Strategy Implementation Progress Report 201213 Economic Development Strategy Work Programme (2013/14) Parks and Open Spaces Strategic Action Plan - Recommendation from the 6 August 2013 Parks, Recreation and Heritage Forum 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.

31 67 73 147 153 165 229 235 259 269

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Regional Development and Operations Committee 19 September 2013 21 Piha Mill Camp Development Plan - Recommendation from the Parks, Recreation and Heritage Forum 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 23 24 25 26 27 Extension of Regional Pest Management Plan Expiry Date Recommendation from the Parks Recreation and Heritage Forum Auckland Council Waste Management and Minimisation Plan Progress Report July 2013 Kaipara Harbour - Joint Political Committee Approval of Plan Change 36 (Notable Trees in North Shore) to the Auckland Council District Plan (North Shore Section) 2011 Approval of Plan Change 32, Albany Structure Plan zones - Auckland Council District Plan (North Shore section) Approval of Plan Change 37 - Anzac Street west, Takapuna - Residential 8: Urban Neighbourhood - Auckland Council District Plan (North Shore section) 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 29 Approval of Plan Change 149 (Schedule of Notable Trees) to the Auckland Council District Plan (Rodney Section) 2011. Request for Private Plan Change to Auckland Council District Plan (Rodney Section) 2011 by Brick Bay Trustee Limited 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 31 Proposed Auckland Council District Plan (Hauraki Gulf Islands) - Making the plan operative in part 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 Auckland Council District Plan (Waitakere Section) Plan Change 15 Massey North to be approved and be made operative 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 34 Private Plan Change at 35 Grafton Road, Grafton: to be made operative Consideration of Extraordinary Items 427 399 357 389 277 283 303 307 313 271

349

405 423

32

PUBLIC EXCLUDED
35 C1 C2 C3 Procedural Motion to Exclude the Public Potential acquisition of land on Sunnyvale Road, Massey Acquisition of land in Waimauku for recreation purposes Proposal to acquire open space in Mt Wellington for a neighbourhood park 439 439 439 439

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Regional Development and Operations Committee 19 September 2013 C4 C5 C6 C7 C8 C9 Proposal to acquire an easement for public walkway in the eastern part of Waiheke Island Mt Albert Aquatic Centre Governance Review Acquisition of land for reserve purposes- Greenhithe Flat Bush land acquisition Update on purchase of property under the Built Heritage Acquisition Fund Land purchase for stormwater drainage easement purposes at 85A Henderson Valley Road, Henderson 440 440 440 441 441 442

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Regional Development and Operations Committee 19 September 2013 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 making when a conflict arises between their role as a member and any private or other external interest 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 the confidential 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 the Committee Secretary, in writing, no later than two (2) working days 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. 5.1 Members of the Alcohol Programme Industry Stakeholder Reference Group

Purpose 1. Members of the Alcohol Programme Industry Stakeholder Reference Group, wish to address the Regional Development and Operations Committee regarding the Auckland Council Local Alcohol Policy Development Project. The speakers are as follows: * * * * 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 New Zealand

Recommendation That the Regional Development and Operations Committee: a) thank the Members of the Alcohol Programme Industry Stakeholder Reference Group, for their presentations.

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Regional Development and Operations Committee 19 September 2013 5.2 Auckland Regional Public Health Service, Craig Heta

Purpose 1. Craig Heta, Programme Supervisor Health Promotion, on behalf of Auckland Regional Public Health Service, wishes to address the Regional Development and Operations 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 verbal presentation.

5.3

New Zealand Police, Acting Assistant Commissioner Bill Searle and Inspector Gary Davey

Purpose 1. Acting Assistant Commissioner Bill Searle and Inspector Gary Davey, on behalf of New Zealand Police, wish to address the Regional Development and Operations Committee regarding the Auckland Council Local Alcohol Policy Development Project. Recommendation/s That the Regional Development and Operations Committee: a) thank Acting Assistant Commissioner Bill Searle and Inspector Gary Davey of New Zealand 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 to address the Regional Development and Operations Committee on the Sport and Recreation 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 to address the Regional Development and Operations Committee on the report Auckland 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 their presentations.

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Regional Development and Operations Committee 19 September 2013 6 Local Board Input Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson 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 the discretion to decline any application that does not meet the requirements of Standing Orders. This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda. 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 (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 local authority by resolution so decides; and The presiding member explains at the meeting, at a time when it is open to the public,(i) (ii) The reason why the item is not on the agenda; and 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) That item may be discussed at that meeting if(i) (ii) That item is a minor matter relating to the general business of the local authority; and the presiding member explains at the beginning of the meeting, at a time when 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 item except to refer that item to a subsequent meeting of the local authority for further discussion.

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

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Regional Development and Operations Committee 19 September 2013

Local Alcohol Policy Development Project: Preferred Position.


File No.: CP2013/17793

Purpose
1. 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 Policy Development Project.

Executive Summary
2. 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 initial engagement phase, which is now complete. As part of this process, officers met with and received written feedback from a range of internal, external and political stakeholders. This report provides a summary of the feedback received. 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. The preferred position paper outlines officers recommendations for Auckland Councils draft Local Alcohol Policy (LAP), which will be developed in October-November 2013 and released for full public consultation in early 2014. The purpose of the preferred position paper is to facilitate discussions with internal, external and political stakeholders as well as with Auckland communities, prior to the development of the draft LAP. This report invites the Committee to provide feedback on the recommendations contained within the paper. Officers distributed copies to the Community Safety Forum members in advance of the 27 August 2013 meeting. The feedback and recommendations from the Community Safety Forum are included in this report. 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.

3. 4.

5.

6.

Recommendation/s
That 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 closing time for on-licence premises in the Broad Area 1 be 3am with no extended closing hours trial period for Broad Areas 1 and 2. b) provide feedback on the following matters included in the Local Alcohol Policy Development Project Preferred Position Paper: i) ii) iii) iv) v) Location broad areas Location proximity Density controls Hours and one-way door Discretionary conditions.

Local Alcohol Policy Development Project: Preferred Position.

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Item 9

Regional Development and Operations Committee 19 September 2013 c)

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note that officers are also gathering feedback on the Local Alcohol Policy Development Project Preferred Position Paper from: i) ii) iii) iv) Local boards the Alcohol Programme Political Working Party internal stakeholders and CCOs A range of external stakeholders including the Public Health Sector Reference Group, the Industry Stakeholder Reference Group and various other organisations Community groups and stakeholders Councils advisory panels the Independent Maori Statutory Board, rangatahi and mana whenua.

v) vi) vii) d)

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

Discussion
Background 7. In May 2012, after considering the Local Alcohol Policy Research Report prepared by Community Policy and Planning officers, the Committee approved the development of a LAP, subject to the enactment of the Alcohol Reform Bill (the Bill) (resolution number RDO/2012/78(d)). On 11 December 2013, the Bill passed its final reading. The resulting legislation, the Sale and 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 timeline for developing the Auckland Council LAP. The LAP can include policies on any or all of the following: 10. 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.

8.

Project overview 9.

For special licences, a LAP can only include provisions about hours, discretionary conditions and one-way door restrictions. LAPs cannot include policies on any matter not relating to licensing. The process and timeline for developing the Auckland Council LAP is summarised in the table below. This process meets the requirements for developing a LAP as set out in the SSAA.

Process and timeline 11.

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

Step 1. Project organisation / governance 2. Issues analysis 3. Options analysis 4. Initial engagement period 5. Engagement on preferred position

Timeframe Complete

Complete Complete Complete

Current

6. Develop and gain approval of draft policy

October 2013 January 2014

7. Special consultative procedure 8. Provisional policy 9. Appeals 10. Adopt final policy 11. Implementation

February May 2014 June July 2014 July August 2014 Late 2014 Late 2014

Milestones Joint political working party (PWP) established Industry and public health sector stakeholder reference groups established (SRGs) Literature review completed by Councils Research Investigations and Monitoring Unit. (Currently undergoing peer review process before being publicly released) Issues identification, and issues and options analysis workshops held with PWP and SRGs Issues and Options Paper distributed for feedback Workshops and meetings with local boards, PWP, SRGs, community groups and industry Written feedback and submissions received Preferred position paper: o tabled at Community Safety Forum meeting for feedback o distributed to internal and external stakeholders for feedback o 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, Maori groups and industry stakeholders Analyse evidence and feedback and prepare draft policy Re-establish PWP following election Present draft policy to PWP Report to relevant committee following election to gain approval to release draft policy for public consultation Written submissions and hearings Report to relevant committee to gain approval of provisional policy Report to relevant committee for adoption of final LAP

Update: Issues and options analysis and initial engagement phase 12. In May 2013, officers completed the issues and options analysis phase of the project, which included: a review of legacy council approaches to liquor licensing through non-statutory alcohol policies and/or district plans an environmental scan of alcohol policies and projects delivered by other local authorities around New Zealand analysis of the alcohol-related submissions that the council received during the development 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 regulating alcohol 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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Local Alcohol Policy Development Project: Preferred Position.

Item 9

Regional Development and Operations Committee 19 September 2013

Item 9

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 options analysis.

13.

This information was used to develop an issues and options paper, which formed the basis of 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 of those that provided feedback is included in Attachment B and a summary of the feedback received is outlined in Attachment C. Local board feedback is summarised in the Local Board Views section of this report. Following the initial engagement phase, officers developed the attached preferred position paper, 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.

Current: Preferred position phase 14.

15.

The details of the preferred position are summarised in the table below:
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 and Coastal Towns Including Onetangi) other than those located within Broad Area 6 Broad Area 4: Suburban / residential areas and neighbourhood centres Broad Area 5: Rural and Coastal Villages and Waiheke Island (excluding Onetangi) Broad Area 6: High Risk / High Stress Areas

Location: Broad Areas

Note: these broad areas will be more specifically defined and mapped in the draft LAP when it is produced. On-licences Include provisions to restrict certain styles of on-licences from locating in Broad Area 4. This will be achieved by adopting a default policy position that further on-licences should not be issued in these areas unless a cumulative impact assessment shows that the impacts on the local community and businesses would be minimal. This would be targeted towards tavern style licences rather than restaurants and cafes. Officers also consider that the LAP may need to specify additional or more specific requirements for the notification of licence applications in Broad Areas 4 to 6. This will depend on the final content of the regulations being developed by the Ministry of Justice

Off-licences Club-licences

Potentially include additional notification requirements for Broad Areas 4 to 6 (as outlined above) No additional requirements

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

Allow the community and statutory stakeholders to have a greater say over the appropriate density of on-licences in Broad Areas 3, 5 and 6 by requiring a cumulative impact assessment to be completed for opposed on-licence applications Require a cumulative impact assessment for all new on-licence applications in Broad Area 4. This will also prevent certain types of on-licences (e.g. taverns) from establishing too close to residential areas (as outlined above under the location broad areas policy lever). These provisions would encourage the clustering of on-licences in Broad Areas 1 and 2 Limit the density of off-licences in Broad Areas 1 and 6 by implementing a temporary freeze on the issue of new licences for two years (with limited exceptions). Allow the community and statutory stakeholders to have a greater say over the appropriate density of off-licences in Broad Areas 2 by requiring a cumulative impact assessment to be completed for opposed off-licence applications

Off-licences

Location: Proximity

Club licences On-licences Off-licences

Hours

Club licences On-licences

Off-licences

Club licences

Require a cumulative impact assessment for all new off-licence applications in Broad Areas 3 to 5. No additional requirements No additional requirements Recommend that conditions be applied to off-licences located within close proximity to liquor ban areas and/or on-licensed premises to prohibit the sale of single serves. This would need to be clearly defined Include a requirement for applicants to consider the impact of the proximity of off-licences to on-licences under the cumulative impact assessment No additional requirements Maximum trading hours as follows: o Broad Area 1: 8am 4am with extended hours for a trial period on a case-by-case basis o Broad Area 2: 8am 3am with extended hours for a trial period on a case-by-case basis o Broad Areas 3 to 6: 8am 1am Exception for Auckland International Airport, including land side licences Exception of sales from mini-bar. 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 an on-licence for an attached restaurant, the cellar door hours will align with the on-licence hours only for the purpose of selling wine to diners to take away o Remote/online sales will be allowed at any time, in accordance with the SSAA. However, the maximum hours for delivery of alcohol will be 9am 8pm Maximum trading hours of 8am 1am across the region for all offlicences

Local Alcohol Policy Development Project: Preferred Position.

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Item 9

Density

On-licences

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

Regional Development and Operations Committee 19 September 2013

Item 9

Conditions

On-licences

Recommend that licence decision-makers consider applying discretionary 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 SSAA sect 110(1)b the display of information about safe drinking and transport availability the removal of bottles etc from public areas adjacent to the premises 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 Recommend that licence decision-makers consider applying discretionary 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

Off-licences

Club licences

Recommend that licence decision-makers consider applying discretionary conditions relating to staff training for all club licences across Auckland

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

Consideration
Local Board Views
16. The table below provides a summary of the feedback on each of the policy options received from local boards. A copy of specific resolutions passed by local boards is also attached as Attachment B.
Option 1. Status quo Summary of local board feedback Generally not the preferred option as would not decrease alcohol-related harm A few local boards considered status quo sufficient for their own area but considered other board areas need greater restrictions Well supported by the local boards Boards mostly support distinctions based on land use (e.g. commercial, rural etc) but some support for wider socioeconomic considerations Some support for clusters of on-licences (e.g. entertainment precincts idea) Reasonable support for this option Other local boards were interested but wanted more information about how it would work for Auckland No extensive feedback on this specific option, although many comments in relation to hours, density and conditions indicated preference for local variation 3. Discretionary conditions based on proximity to sensitive sites 1. Status quo 2. Cumulative impact approach Local boards tended to acknowledge this is an important issue for local communities Local boards were concerned about licences being located close 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 children Supported by some local boards as a potential compromise from option 2 Some local boards did not consider density was an issue for their area (e.g. west boards due to trust areas) 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 applications Supported by some local boards Generally not supported some boards specifically opposed, others preferred other options Would not account for local variations Considered too static Support for this approach in South Auckland, particularly for off-licences Some boards opposed to this option

Policy lever Location broad areas

2. Location controls based on land use / other characteristics

Location proximity

3. Location controls for high stress / high risk zones 4. Consider location of licences as a factor in determining appropriate density, hours and conditions 1. Status quo 2. Buffer zones around sensitive sites

Density

3. Temporary freeze 4. Regional cap

5. Localised sinking lid

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

Item 9

Maximum trading hours

1. Status quo national default hours 2. Fixed trading hours across the region more permissive or more restrictive 3. Varied hours by location, by kind of licence, by type of premises and/or by risk

Mixed views Some concerns about opening hours Generally not supported most boards prefer hours varied by location 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 location o 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 stress approach under location Mixed responses from local boards Potential to link with other options (e.g. cumulative impact assessment, community impact statement) Some support as another tool in the box Others concerned that this will not be a meaningful process i.e. contracted out to consultants Some support mixed views Generally supportive - put the onus on the premises Some boards suggested that council needs to be mindful of compliance costs

4. Extended hours for trial period 5. Community impact statement 6. One-way door policy Discretionary conditions

Maori Impact Statement


Research and data on Maori and alcohol 17. Where possible, officers have gathered data on alcohol-related issues by ethnicity. For example, data collected from the three Auckland-based district health boards (2012) showed that for the 2010/11 fiscal year, Maori had proportionately higher rates of alcohol-related emergency department presentations. Officer are currently working with the Policies and Bylaws team, Maori Strategy and Relations Department, policy advisors at the Independent Maori Statutory Board and Hapai Te 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 with mana whenua to discuss both the LAP Project and the Alcohol Control (Liquor Ban) Bylaw Project. The IMSB is represented on the Political Working Party. Hapai Te Hauora Tapui is represented on the Public Health Sector Reference Group. There are no specific references in Iwi Management Plans to alcohol or alcohol policy, other than a statement about general health and well-being.

Engagement with Maori 18.

Other 19.

Iwi management plans 20.

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

General
The preferred position paper was presented to the Community Safety Forum for feedback on 27 August 2013. It was resolved at this meeting (Resolution number CS/2013/1) that the Community Safety Forum: a) b) note the feedback received on the Local Alcohol Policy Issues and Options Paper summarised in this report. forward the report and the tabled preferred position paper to all the Local Boards for their feedback and also note that it will be reported to the Regional Development and Operations Committee in September 2013. note that staff will also make the Local Alcohol Policy Development Project Preferred Position Paper available to internal and external stakeholders, community groups, councils advisory panels, the Independent Maori Statutory Board, and will provide opportunities for them to respond. recommend to the Regional Development and Operations Committee the closing time for on-licence premises in the Broad Area 1 be 3am with no extended closing hours trial period for Broad Areas 1 and 2. seek a 100-metre buffer zone around schools and other sensitive sites for new offlicences. recommend the possibility of a freeze or sinking lid in residential areas with high density (of outlets) with examples being suburbs such as Oranga or Manurewa. seek further information on the implementation of a one-way door policy from 2am for on-licences.

c)

d)

e) f) g) 21.

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

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

Attachments
There are no attachments for this report.

Signatories
Authors Authorisers Belinda Hansen - Principal Policy Analyst Michael Sinclair - Team Leader, Regionwide Social Policy Penny Pirrit - Regional & Local Planning Manager Roger Blakeley - Chief Planning Officer

Local Alcohol Policy Development Project: Preferred Position.

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Regional Development and Operations Committee 19 September 2013

Sport and Recreation Strategic Action Plan


File No.: CP2013/12888

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

Executive Summary
2. 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 of this collaboration is a strategic action plan that supports Auckland as a whole to deliver on its vision to be The worlds most liveable city Te pai me te whai rawa o Tamaki. The Sport and Recreation Strategic Action Plan delivers on the strategic directives of the Auckland Plan, particularly those identified in chapter five and supports priorities identified in the 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 within and outside the recreation and sport sector. The Sport and Recreation Strategic Action Plan provides a clear shared vision to make Aucklanders more active, more often over the next ten years. It will achieve this vision by focusing on four priority areas: Participation - more Aucklanders live physically active lives through participating in informal physical activity, recreation and sport. Infrastructure - access to open spaces and harbours, coastlines and waterways and a fit for purpose network of facilities enables physical activity, recreation and sport at all levels. Excellence in recreation and sport - pride is built in Aucklands recreation and sporting achievements and strong sporting culture, talent is nurtured and excellence is celebrated. Sector development - a strong and capable sector that delivers quality recreation and sport experiences in a sustainable way that contributes to Aucklands economy. 5. 6. The four priority areas are supported by a number of actions and initiatives that together will help the recreation and sport sector deliver on the vision of the strategic action plan. The development of the Sport and Recreation Strategic Action Plan has been sponsored by the 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 Sport and He Oranga Poutama. Delivery of the actions and initiatives identified within the Sport and Recreation Strategic Action Plan will not solely fall to Auckland Council, many will be the responsibility of other groups or institutions. The information received through the public consultation process was used to revise the Sport and Recreation Strategic Action Plan. Once endorsed by the Regional Development and Operations Committee, the Sport and Recreation Strategic Action Plan will be circulated to key stakeholders, who have a lead role in the initiatives, for sign-off and agreement to work collaboratively in delivering the action plan.

3.

4.

7. 8.

Sport and Recreation Strategic Action Plan

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Recommendation/s
That the Regional Development and Operations Committee: a) b) c) endorse the Sport and Recreation Strategic Action Plan. note that officers will circulate a copy of the Sport and Recreation Strategic Action Plan to all local boards. note that the Sport and Recreation Strategic Action Plan will be circulated to key partners who are identified to lead initiatives to obtain their endorsement of the plan and their agreement to working collaboratively on its implementation.

Discussion
Project overview 9. SARSAP is an Auckland wide document that has been developed in collaboration with the wider recreation and sport sector. The outcome of this collaboration is a strategic action plan that supports Auckland to deliver on its vision to be The worlds most liveable city Te pai me te whai rawa o Tamaki. SARSAP delivers on the strategic directives of the Auckland Plan, particularly those identified in chapter five and supports priorities identified in the 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 within and outside the recreation and sport sector. SARSAP provides a clear shared vision to make Aucklanders more active, more often over the next ten years. It will achieve this vision by focusing on four priority areas: Participation - more Aucklanders live physically active lives through participating in informal physical activity, recreation and sport. Infrastructure - access to open spaces and harbours, coastlines and waterways and a fit for purpose network of facilities enables physical activity, recreation and sport at all levels. Excellence in recreation and sport - pride is built in Aucklands recreation and sporting achievements and strong sporting culture, talent is nurtured and excellence is celebrated. Sector development - a strong and capable sector that delivers quality recreation and sport experiences in a sustainable way that contributes to Aucklands economy. 12. 13. The four priority areas are supported by a number of actions and initiatives that together will support the recreation and sport sector deliver on the vision of the strategic action plan. In February 2012, officers reported to the Parks, Recreation and Heritage Forum outlining the timing and process to develop a Sport and Recreation Strategy, which was subsequently renamed the Sport and Recreation Strategic Action Plan to recognise its focus on actions. In 2012, officers developed a draft discussion document, which identified potential strategic priorities for recreation and sport. Workshops were held with local boards, Maori stakeholders, and key sector stakeholders to obtain feedback on the priorities and identify a vision for recreation and sport in Auckland. The feedback obtained through the workshops was used to inform the development of the draft SARSAP. In April 2013, officers attended workshops with the Parks, Recreation and Heritage Forum and key external stakeholders such as the Auckland Sport and Recreation Reference Group (ASRRG), and regional and local recreation and sport organisations (including organisations such as College Sport) to obtain feedback on a working draft.

10.

11.

14.

15.

Sport and Recreation Strategic Action Plan

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Regional Development and Operations Committee 19 September 2013 16.

Public consultation 17. Public consultation on the draft occurred between 17 May and 30 June 2013. Consultation included 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 at council service centres, on the council website and also through the regional sports trusts and Sport New Zealand. In addition to public consultation officers also attended local board workshops and meetings with council forums and panels to obtain additional input. The table below provides a summary of the method of consultation, the approach and participation. Attachment 2 provides a summary of the feedback received and revisions made to the SARSAP as a result of this feedback. Method Peoples Panel survey Online feedback form and emailed feedback Stakeholder workshops Local board workshops and feedback Consultation Approach General questions around recreation and sport and the actions within the action plan. Review of document and focus on prioritising initiatives and roles for delivery. Focus on initiatives and prioritising initiatives and roles for delivery. Review of document and focus on the actions and initiatives relating to participation and infrastructure. Focus on the actions and initiatives most relevant to the panel or forum. Participation 3289 respondents 85 respondents 5 workshops 114 participants 18 local boards responded 3 panels responded (Disability Advisory Group, Youth Panel, Regional Kaitiaki Hui)

18.

Panel/ forum meetings and feedback

Consideration
Local Board Views
19. 20. During mid 2012, local boards attended workshops on the draft discussion document and the feedback provided was used to inform the development of the draft SARSAP. On 6 May 2013, a briefing was held with local board portfolio leads to discuss the development of the SARSAP. At this briefing, officers outlined the findings of the discussion document analysis and how the information provided by local boards was used in the development of the draft SARSAP. During May and June 2013 officers attended local board business meetings and workshops to present the draft SARSAP and seek formal feedback. A memo was provided to local boards following the receipt of formal feedback, updating the local boards on how their feedback was incorporated into the revised SARSAP. 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. On 28 May 3013 officers attended the Regional Kaitiaki Hui to present the draft SARSAP and receive feedback from forum members on the content.

21. 22.

Maori Impact Statement


23. 24.

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

Regional Development and Operations Committee 19 September 2013 25.

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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 in community sport and traditional physical recreation. Officers and He Oranga Poutama will continue to work with iwi and Maori organisations to deliver on the initiatives identified within the SARSAP. 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, Sport Auckland, Sport Waitakere, Counties Manukau Sport and He Oranga Poutama. The development of the SARSAP has been sponsored by the Auckland Sport and Recreation Reference Group (ASRRG), an independent reference group supported by Auckland Council, which provides feedback and engagement on a range of sporting and recreation ideas, innovations and plans. In the development of the SARSAP officers consulted a wide variety of stakeholders and interested parties in the recreation and sport sector and wider community.

26.

General
27.

28.

29.

Implementation Issues
30. 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 the SARSAP will not solely fall to Auckland Council, many will be the responsibility of other groups or institutions within the recreation and sport sector. A joint steering group was established to guide the development of content for the SARSAP, and included representatives from Sport New Zealand, Auckland Sport, Harbour Sport, Sport Auckland, Sport Waitakere, Counties Manukau Sport and He Oranga Poutama. An implementation leadership team will have responsibility for overseeing the implementation plan and delivering the initiatives identified in the SARSAP. Once endorsed by the Regional Development and Operations Committee, the SARSAP will be circulated to key partners, who are identified to lead initiatives, to obtain their endorsement of the plan and their agreement to working collaboratively on its implementation. It is intended that funding of the SARSAP or the sourcing of funding for initiatives will be the responsibility of the body, or bodies, identified to lead delivery. These agencies may, however, work collaboratively with other parties to source funding where required. As sector development initiatives are delivered, it is intended that new avenues of funding will become available through public private partnerships, greater levels of philanthropy, new funding models and a greater leveraging of existing investment. 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 of recreation centre and swimming pool network plans and region-wide sportfields renewals. Other initiatives will be funded by prioritising the allocation of resources within existing budgets. As with other similar strategies, funding for new initiatives that cannot be delivered by reprioritising existing resources will be sought through Councils annual plan and Longterm planning processes.

31.

32.

33.

Sport and Recreation Strategic Action Plan

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Regional Development and Operations Committee 19 September 2013

Attachments
No. A B Title Sport and Recreation Strategic Action Plan (Under Separate Cover) Summary of feedback for the Sport and Recreation Strategic Action Plan 27 Page

Signatories
Authors Authorisers Antonia Butler - Principal Policy Analyst Penny Pirrit - Regional & Local Planning Manager Roger Blakeley - Chief Planning Officer

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Regional Development and Operations Committee 19 September 2013

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, online feedback form and stakeholder workshops. Copies of the draft Sport and Recreation Strategic Action Plan were made available at council service centres, on the council website and also through the local regional sports trusts (RSTs) and Sport New Zealand. Over 500 stakeholders were contacted during the consultation period, provided links to the draft SARSAP and online feedback form, and invited to attend one of the workshops. In addition to public consultation officers also attended local board workshops and meetings with council forums and panels to obtain additional input. The feedback received through the consultation period, along with that from local boards, panels and forums, was used to revise the draft SARSAP.

2. 3.

Peoples Panel Survey 4. The survey asked general questions around recreation and sport, with a focus on what would encourage Aucklanders to be more active, more often. Targeted questions were asked around the priority areas and actions within the action plan. 3289 people completed the Peoples Panel survey. Respondents primary area of participation was in informal recreation 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.

Online feedback form, emailed feedback and workshops 5. The online feedback form asked general questions on the vision and priority areas identified in the SARSAP. It also asked targeted questions on the actions, and requested respondents
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Sport and Recreation Strategic Action Plan

Attachment B

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

Regional Development and Operations Committee 19 September 2013 to prioritise initiatives and identify who should lead them. Eight-five people responded to the online survey or emailed feedback on the draft SARSAP. Most respondents were associated with an established recreation or sporting club, association, or body. Half of the respondents primarily participated in formal recreation activities and half primarily participated 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 their delivery and identify who should lead the initiatives. 5 workshops were held across Auckland over the consultation period. These were delivered jointly with the RSTs and 114 people attended. Most respondents were associated with an established recreation or sporting club, association or professional body. The majority of the respondents primarily participated in the sporting activities. Local board workshops and panel and forum meetings 6. During the workshops with local boards the vision and priority areas identified in the SARSAP were discussed. The workshops focused on the actions and initiatives associated with the priority areas of participation and infrastructure. Local boards were asked to prioritise the initiatives and identify who should lead them. Eighteen local boards participated in workshops. Officers attended meetings with the Youth Panel, the Disability Advisory Group and the Regional Kaitiaki Hui. Presentations focused on the actions and initiatives within the SARSAP most relevant to the panel or forum. Feedback was received on the general content of the document. Feedback themes and changes to the SARSAP 7. The following table identifies the key themes of feedback received through public consultation, the local board workshops and panel and forum presentations, and the changes that were made to the SARSAP as a result. The feedback received from the Peoples Panel survey was used to concept check the general content of the SARSAP, the direction of the actions and the focus of the initiatives. Changes to the SARSAP 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 of supporting emerging/growing recreation and sport New initiative added to develop an Informal Recreation Plan for Auckland A section was added on funding the delivery of the SARSAP The wording of some actions was revised to be more action focused

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Key themes of feedback General document Overall agreement with vision, priority focus areas and direction of SARASP Greater emphasis on physical activity, active transport, active informal recreation and emerging/growing sports and recreation Participation is a priority Address funding for the SARSAP Make the wording of initiatives more specific and action focused

Sport and Recreation Strategic Action Plan

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Regional Development and Operations Committee 19 September 2013 Key themes of feedback Actions and initiatives1 Address transport, such as improving integrated planning, and access and affordability Provide better provision for older people and recognise their potential contribution as volunteers Address issues of safety linked to participation Provide for increased localised provision of opportunities Address the equity of provision, access, funding, support and participation costs across sport and recreation activities Need to cater to broader range of sport and informal recreation in parks growing, new and emerging Better show the importance of the role of schools as a setting for engaging children and young people in being more physically active and participating in sport and recreation Better alignment of Ministry of Education/Council provision for open space and facilities Support for partnerships and multisport facilities Make it easier to provide increased access for water based activities Add role of professional franchises in encouraging participation Add recognise and celebrate volunteers Changes to the SARSAP Actions and initiatives Participation New initiative - Work with Auckland Transport and other government agencies to provide free or low cost public transport from schools to venues for recreation and sport New initiative Investigate ways to reduce the costs of participation of recreation and sports in school and at clubs New initiative Invest in increased localised provision of recreation programmes and sport New initiative Work with ATEED to promote Aucklands active recreation opportunities as part of Aucklands appeal as a tourist destination Infrastructure New initiative Develop innovative ways to address inequities identified through assessing the equity of access to facilities, funding and different participation costs New initiative Advocate to Auckland Transport through the review of the regional public transport network to provide improved routes to recreation and sport facilities at appropriate times New initiative Develop travel plans for major sports grounds, multisport facilities and recreation precincts New initiative Develop a tool to provide guidance for prioritising investment in facilities at a local level Excellence in recreation and sport New initiative Work with sporting franchises to support their community engagement programmes that encourage participation New initiative Investigate the best approach to provide high performance ambassador programme to mentor up-and-coming athletes Sector development New initiative Develop programmes and events to provide more recognition and celebration of volunteer effort New initiative Work with the Southern Initiative to develop recreation and sport priorities to deliver on this transformational action

Changes 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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Regional Development and Operations Committee 19 September 2013

File No.: CP2013/20518

Purpose
1. This report seeks authorisation to make the Auckland Council Regional Plan: Air, Land and Water fully operative. The Auckland Council Regional Plan: Air, Land and Water (ALW Plan) was notified in October 2001 with hearings held through 2003. In October 2010 the ALW Plan was made operative in part. Further parts of the Plan were made operative in April 2012. All appeals to the ALW Plan have now been resolved or withdrawn and staff recommend that the Committee resolves to make the ALW Plan fully operative.

Executive Summary
2. 3. 4.

Recommendation/s
That the Regional Development and Operations Committee: a) resolve to approve the Auckland Council Regional Plan: Air, Land and Water pursuant to Clause 17(1) of the First Schedule of the Resource Management Act 1991, with resulting amendments to Chapter 5 of the plan text and related definitions. resolve to effect this adoption by affixing the Council seal to the Auckland Council Regional Plan: Air, Land and Water pursuant to Clause 17(3) of the First Schedule of the Resource Management Act 1991. resolve to make operative the Auckland Council Regional Plan: Air, Land and Water pursuant to Clause 20 of the First Schedule of the Resource Management Act 1991. delegate authority to the Manager Planning North/West to complete the First Schedule process to make the Auckland Council Regional Plan: Air, Land and Water operative pursuant to Clauses 17 and 20 of the First Schedule of the Resource Management Act 1991.

b)

c) d)

Discussion
5. 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. In October 2010 the ALW Plan was made operative in part. Further parts of the Plan were made operative in April 2012. The Hearings Committee approved the resolution of the remaining appeals to the ALW Plan on 21 June 2013. These remaining appeals related to sewage solids and biosolids. Consent documentation associated with the sewage solids and biosolids appeals was executed by all parties and submitted to the Environment Court on 31 July 2013. A sealed consent order together with a track changes version of the amendments was received from the Environment Court on 13 August 2013 (Attachment A). Further consent orders approving the resolution of appeals to the ALW Plan have been approved by the Hearings Committee since the Regional Development and Operations Committee made further parts of the plan operative in April 2012. These are in Attachment B along with track change versions of their amendments.
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6. 7. 8.

9.

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All appeal points that were lodged against the whole of the ALW Plan have now been withdrawn or resolved. Staff have undertaken a review of the ALW Plan which has resulted in minor changes that meet the requirements set out in clause 16(2) and clause 20A of the First Schedule to the RMA. The Manager Planning North West has delegation to make these minor amendments. Copies of the amended and repaginated ALW Plan will be available for inspection at the Committees meeting.

11.

12.

Consideration
Local Board Views
13. The ALW Plan was notified in 2001, prior to the formation of the Auckland Council on 1 November 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 the former Auckland Regional Councils consultation processes, Iwi were contacted directly at the time of public notification in 2001 and advised they could make submissions on the ALW Plan. This was preceded by pre-notification consultation, undertaken by the former Auckland Regional Council.

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

Implementation Issues
16. 17. 18. 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. Pursuant to Clauses 17 and 20 of the First Schedule of the RMA, the Council must now approve the ALW Plan and publicly notify it as operative. There will be some minor administrative costs involved in making the ALW Plan fully operative. These costs can be accommodated within the existing Regional and Local Planning Departments budget.

Attachments
No. A B Title Sealed consent order (Sewage solids and biosolids) Further sealed consent orders since April 2012 Page 33 45

Signatories
Authors Authorisers Andrew McPhee - Planner 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

Purpose
1. 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 associated timeframes for Auckland Council in relation to psychoactive substances.

Executive Summary
2. 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 health of, and minimise harm to, individuals who use psychoactive substances (s3). Psychoactive substances are the active ingredients in party pills, energy pills and herbal highs. The Act came into effect on 18 July 2013, and immediately banned the sale of all psychoactive substances from dairies, supermarkets, convenience and grocery stores, service stations and places where alcohol is sold. The Act also restricts the sale of psychoactive products to people over 18, and introduces a wide range of restrictions on advertising, signage and labelling. Psychoactive substances must now be approved before sale, and a licensing regime has been established for any New Zealand resident who wishes to import, manufacture, research or sell psychoactive substances, or sell approved products. To be approved, the product must pose no more than a low risk of harm to individuals using it. An interim licensing and approval process was established for 28 days following enactment. 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 are currently under development through the Ministry of Health and are anticipated to be completed by the end of 2013. Auckland Council has the opportunity to signal its interest in the development of these regulations and provide feedback before they are put in place. A key feature of the Act is that it enables territorial authorities to make a local approved products policy specifying where approved products may be sold. However, the scope, implementation and enforcement of this policy is currently unclear, and will need to be guided by the extent of the regulations. The development of a Local Approved Products Policy should not be undertaken until these regulations have been drafted.

3.

4.

5.

6.

Recommendation/s
That the Regional Development and Operations Committee: a) approve staff from Community Policy and Planning to provide feedback to the Ministry of Health as they develop the regulations that will support the Psychoactive Substances Act 2013 approve staff from Community Policy and Planning to undertake initial scoping and workplan development for a local approved products policy; noting that approval for the workplan will be sought following the completion of regulations that support the Psychoactive Substances Act 2013 note that approval for extra budget requirements associated with the development of a local approved products policy will be sought from the Strategy and Finance Committee prior to the workplan being submitted for approval

b)

c)

Local approved products policy (psychoactive substances)

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Discussion

Item 12

7.

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 active ingredients in party pills, energy pills and herbal highs. 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

8.

9.

All psychoactive substances are now permanently banned from being sold at dairies, supermarkets, convenience and grocery stores, service stations and places where alcohol is sold.

Product approval and licence required before psychoactive products may be sold 10. No psychoactive products may be sold unless they are approved by the Psychoactive Substances Regulatory Authority (the Authority). To be approved, the product must pose no more than a low risk of harm to individuals using it. In addition, no person may sell an approved product unless they hold a licence to do so. The advertising of psychoactive products is strictly controlled and only permitted at the point of sale. The labelling of products is also subject to strict requirements, including health warnings, list of ingredients, manufacturer details and the telephone number of the national poisons centre. No advertising or labelling is allowed to appeal to minors. The minimum age for purchasing or possessing psychoactive products is 18 years. The sale of psychoactive products by, or to, people under 18 is also prohibited.

11.

12.

Regulations 13. Regulations to support the Act are currently being developed within the Ministry of Health. The regulations may set the requirements for a wide range of matters such as testing and approval of psychoactive products, licensing requirements and conditions, fees and charges, enforcement, and more specific regulations for product form, signage, advertising, labelling and place of sale. Until the regulations are developed, no psychoactive products will be approved for sale, except for those granted interim approval (interim approvals are explained below). Also, no local approved products policy can be implemented or enforced until the regulations have prescribed the process for doing so. This means that if Auckland Council wishes to introduce a local approved products policy (explained below), it should be following the introduction of the regulations. The Ministry of Health website indicates that the regulations are likely to be complete by the end of 2013. The Minister is required to consult with any person or organisation that represents the interests of those likely to be substantially affected by the proposed regulations. Therefore, there is an opportunity for Auckland Council to signal its interest and provide feedback on the proposed regulations before they are put in place. Staff will work closely with the Ministry of Health to provide feedback on the regulations over the next four months.

14.

15.

Local approved products policy (psychoactive substances)

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Regional Development and Operations Committee 19 September 2013

16.

Until 15 August 2013, if a psychoactive product was lawfully imported, manufactured, researched or sold over a period of at least three months immediately prior to the enactment of the legislation, a person could apply for interim approval of that product. Similarly, until 15 August 2013, if a person operated a business importing, manufacturing, researching or selling psychoactive substances for at least 28 days before the Act came into effect, they could apply for an interim licence to continue doing so. A person may only import, manufacture, research or sell psychoactive products if he or she is granted an interim licence and if an application for interim approval of that product has also been approved. Interim approvals and interim licences must have been applied for within 28 days of the legislation coming into effect, and a full application is required after the regulations come into force. After 15 August, no applications will be received for product approvals or licences, until the regulations are in place. The table below summarises the interim product approvals and licences that appeared on the Ministry of Health website at the time of drafting this report. License issued 28 13 5 5 16 3 2 Under consideration 36 40 0 0 0 0 0

17.

18.

19.

20.

Type Interim product approvals Interim licences to retail (Auckland-based) Interim licences to import (Auckland-based) Interim licences to manufacture (Aucklandbased) Interim licences to wholesale (Aucklandbased) Interim licences to research (Aucklandbased) Interim licences to sell psychoactive substances that are not approved products (Auckland-based)

Ability for territorial authorities to make a local approved products policy 21. The Act enables (but does not require) territorial authorities to develop a local approved products policy to specify locations where approved products may be sold. Location controls may relate to broad areas within a territorial authoritys district, proximity to other premises that sell approved products, or proximity to premises of a particular kind, such as schools, early childhood centres and places of worship. A recent memo from LGNZ on this matter noted a lack of clarity in the Act about whether or not a local approved products policy could be used to ban the sale of such products altogether or whether councils could put in place a regional sinking lid something like what is used to control class 4 gaming machines. If territorial authorities choose to develop a local approved products policy, it must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

22.

23.

Local approved products policy (psychoactive substances)

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Item 12

Interim approval and licensing process

Regional Development and Operations Committee 19 September 2013 24.

Item 12

As noted above, a local approved products policy cannot be implemented or enforced until regulations have been developed that provide guidance on these matters. If Auckland Council wishes to develop a local approved products policy, it is expected that policy development could begin in early 2014. A local approved products policy for Auckland Council would take approximately 12 months to develop, at a cost of $150,000. There are a number of potential roles for Auckland Council in relation to psychoactive substances in the short to medium-term, including research, advocacy, policy development and non-regulatory opportunities. These potential roles are explained briefly below. To develop an Auckland Council position on psychoactive substances, it is important to understand context that the sale of these products exists in. Research is required into:

Councils potential role 25.

Research 26.

the current commercial environment (the location, nature and scale of commercial activities); current levels of harm, and; current levels of community concern. Advocacy 27. As noted earlier, the Act enables the development of regulations in relation to psychoactive substances that may cover a very broad range of matters such as signage, labelling, ingredients, dosage, form, place of sale restrictions or prohibitions, licensing conditions and other general matters. Auckland Council may wish to advocate to the Minister through submission on the content of the regulations, particularly on aspects such as the scope and enforcement of a local approved products policy. Staff will work closely with the Ministry of Health to provide input and feedback into the development of regulations over the next few months. Auckland Council may choose to develop a local approved products policy as provided for in the Act, to regulate where psychoactive substances are sold. Any policy would need to be evidence-based and would involve an operational component for venue consenting. Because the scope and enforcement of a local approved products policy has not been clarified in the Act, it is recommended that a new policy is not developed until the regulations are complete. Council has a number of non-regulatory mechanisms for promoting the responsible supply and use of psychoactive products. These could include working in partnership with community and non-government organisations, or utilising councils existing communication channels.

Policy development 28.

29.

Non-regulatory opportunities 30.

Consideration
Local Board Views
31. On 11 July 2013, the Manurewa Local Board passed a resolution requesting the council to urgently draft a policy for their local board area that prohibits the sale of approved products under the Psychoactive Substances Act within a 1km radius of schools, early childhood education centres, kindergartens, places of worship and all community halls and facilities. At the time of writing this report, five local boards have made resolutions in support of Manurewas proposal, including the Otara-Papatoetoe, Papakura, Henderson-Massey, Waitakere Ranges and Hibiscus and Bays local boards. The Otara-Papatoetoe Local Board also included a recommendation to the Auckland Plan Committee that the same psychoactive substances controls be included in the draft Unitary Plan.
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32.

Local approved products policy (psychoactive substances)

Regional Development and Operations Committee 19 September 2013 33. 34.

A summary of the Psychoactive Substances Act and potential roles of Auckland Council is being sent to all local boards and will be provided to the Local Board Chairs Forum in September 2013.

Maori Impact Statement


35. Early conversations with the secretariat of the Independent Maori Statutory Board indicate that psychoactive substances are a key policy issue for Maori, and that an Auckland Council psychoactive substances policy would support the health and wellness outcomes in the Maori Plan. Discussions with representatives of Hapai Te Hauora Tapui also indicated support for the development of a psychoactive substances policy. Auckland Council staff have been given the opportunity to work with Hapai to gather Maori views on alcohol and drugs at their Hauora hub during the Atamira event on 6-8 September 2013. Views gathered at the Atamira event will be presented to the Mana Whenua forum at a hui in October 2013 for feedback. If approved, additional research and engagement with Maori will occur throughout the development of a local approved products policy.

36.

37. 38.

Implementation Issues
Costs 39. The new legislation enables but does not require territorial authorities to develop a local approved products policy. However, if a policy is developed it must follow the special consultative procedure. The total cost of developing a Local Approved Products Policy is estimated at $150,000 spread across two financial years. This is based on a budget of $60,000 research and engagement in 13/14 financial year plus $75,000 for special consultative process and $15,000 for publication and communication costs in the 14/15 financial year. The cost of advocacy and investigating non-regulatory mechanisms for promoting the responsible supply and use of psychoactive products can be met within existing budgets.

40.

Timeframes and reporting 41. The research, advocacy and non-regulatory roles of council can begin immediately, and would provide the evidence base upon which a policy could be developed, should council wish to progress that option. Staff will also continue to work with the Ministry of Health to provide input into the development of regulations and clarify the scope and enforcement of a local approved products policy. It is anticipated that a report will be presented to local boards early in 2014 to provide an update on the regulations for psychoactive substances, and the scope of a local approved products policy, if the development of a policy is approved.

42.

Local approved products policy (psychoactive substances)

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The Orakei Local Board supported the intent of Manurewas proposal, and requested advice from officers on options available to the board.

Regional Development and Operations Committee 19 September 2013 Key dates

Item 12

43.

The table below provides a summary of the key dates relating to the Psychoactive Substances Act and the development of a local approved products policy. Description Psychoactive Substances Bill enacted Psychoactive Substances Act comes into effect 28-day period closes for applications for interim product approvals and licences (no new applications for product approvals or licences to sell will be received between now and when the regulations are complete) Estimated timeframe for the development of regulations to support the Act Research, advocacy and non-regulatory activities begin Report to the Regional Development and Operations Committee seeking approval to develop a local approved products policy Development of local approved products policy (if approved) Estimated completion date for proposed local approved products policy

Date 17 July 2013 18 July 2013 15 August 2013

August-December 2013

19 September 2013

January 2014 December 2014

Attachments
There are no attachments for this report.

Signatories
Authors Authorisers Elizabeth McKenzie - Principal Policy Analyst Michael Sinclair - Team Leader, Regionwide Social Policy Penny Pirrit - Regional & Local Planning Manager Roger Blakeley - Chief Planning Officer

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