Governing Body Agenda For Thursday 29th October 2015

I hereby give notice that an ordinary meeting of the Governing Body will be held on:
Date:
Time:
Meeting Room:
Venue:
Thursday, 29 October 2015

9.30am
Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
Governing Body
OPEN AGENDA
MEMBERSHIP
Mayor
Deputy Mayor
Councillors
Len Brown, JP
Cr Penny Hulse
Cr Anae Arthur Anae
Cr Cameron Brewer
Cr Dr Cathy Casey
Cr Bill Cashmore
Cr Ross Clow
Cr Linda Cooper, JP
Cr Chris Darby
Cr Alf Filipaina
Cr Hon Christine Fletcher, QSO
Cr Denise Krum
Cr Mike Lee
Cr Calum Penrose
Cr Dick Quax
Cr Sharon Stewart, QSM
Cr Sir John Walker, KNZM, CBE
Cr Wayne Walker
Cr John Watson
Cr Penny Webster
Cr George Wood, CNZM
(Quorum 11 members)
Elaine Stephenson
Democracy Advisor
22 October 2015
Contact Telephone: (09) 890 8117
Email: elaine.stephenson@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
Those powers which cannot legally be delegated:

(a)
the power to make a rate; or
(b)
the power to make a bylaw; or
(c)
the power to borrow money, or purchase or dispose of assets, other than in accordance with
the long term council community plan; or
(d)
the power to adopt a long term plan, annual plan, or annual report; or
(e)
the power to appoint a Chief Executive; or
(f)
the power to adopt policies required to be adopted and consulted on under the Local
Government Act 2002 in association with the long term plan or developed for the purpose of
the local governance statement; or
(g)
the power to adopt a remuneration and employment policy.
Additional responsibilities retained by the Governing Body:

(a)
approval of a draft long term plan or draft annual plan prior to community consultation
(b)
approval of a draft bylaw prior to community consultation
(c)
resolutions required to be made by a local authority under the Local Electoral Act 2001,
including the appointment of electoral officer
(d)
adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and
Code of Conduct
(e)
relationships with the Independent Mori Statutory Board, including the funding agreement
and appointments to committees.
(f)
approval of the Unitary Plan
(g)
overview of the implementation of the Auckland Plan through setting direction on key strategic
projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and
receiving regular reporting on the overall achievement of Auckland Plan priorities and
performance measures.
Exclusion of the public who needs to leave the meeting

Members of the public
All members of the public must leave the meeting when the public are excluded unless a resolution
is passed permitting a person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
Access to confidential information is managed on a need to know basis where access to the
information is required in order for a person to perform their role.
Those who are not members of the meeting (see list below) must leave unless it is necessary
for them to remain and hear the debate in order to perform their role.
Those who need to be present for one confidential item can remain only for that item and must
leave the room for any other confidential items.
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
The members of the meeting remain (all Governing Body members if the meeting is a
Governing Body meeting; all members of the committee if the meeting is a committee meeting).
However, standing orders require that a councillor who has a pecuniary conflict of interest leave
the room.
All councillors have the right to attend any meeting of a committee and councillors who are not
members of a committee may remain, subject to any limitations in standing orders.
Independent Mori Statutory Board
Members of the Independent Mori Statutory Board who are appointed members of the
committee remain.
Independent Mori Statutory Board members and staff remain if this is necessary in order for
them to perform their role.
Staff
All staff supporting the meeting (administrative, senior management) remain.

Other staff who need to because of their role may remain.
Local Board members
Local Board members who need to hear the matter being discussed in order to perform their
role may remain. This will usually be if the matter affects, or is relevant to, a particular Local
Board area.
Council Controlled Organisations
Representatives of a Council Controlled Organisation can remain only if required to for

discussion of a matter relevant to the Council Controlled Organisation.
Governing Body
29 October 2015
ITEM TABLE OF CONTENTS
PAGE
Affirmation
Apologies
Declaration of Interest
Confirmation of Minutes
Acknowledgements and Achievements
Petitions
Public Input
7.1
Public Input - Steve Abel, Greenpeace - Block Offer 2016

Submission
Local Board Input
Extraordinary Business
10
Notices of Motion
11
Block Offer 2016 submission
12
Report of the Hearings Panel on the Confirmation of Legacy Bylaws 2015
13
Unitary Plan Committee amendment of membership
157
14
Nomination to University of Auckland Animal Ethics Committee
159
15
Consideration of Extraordinary Items
37
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Governing Body
29 October 2015
1
Affirmation
His Worship the Mayor will read the affirmation.
Apologies
At the close of the agenda no apologies had been received.
Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making
when a conflict arises between their role as a member and any private or other external
interest they might have.
Confirmation of Minutes
That the Governing Body:
a)
confirm the ordinary minutes of its meeting, held on Thursday, 24 September 2015,
as a true and correct record.
Acknowledgements and Achievements

At the close of the agenda no requests for acknowledgements had been received.
Petitions
At the close of the agenda no requests to present petitions had been received.
Public Input
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the
Democracy Advisor, in writing, no later than one (1) clear working day prior to the
meeting and must include the subject matter. The meeting Chairperson has the discretion
to decline any application that does not meet the requirements of Standing Orders. A
maximum of thirty (30) minutes is allocated to the period for public input with five (5)
minutes speaking time for each speaker.
7.1
Public Input - Steve Abel, Greenpeace - Block Offer 2016 Submission
Purpose
1.
Steve Abel, representing Greenpeace, will be present to speak to the meeting
regarding the Block Offer 2016 submission.
Recommendation/s
a)
receive the presentation from Steve Abel regarding the Block Offer 2016 submission.
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Governing Body
29 October 2015
Local Board Input

Standing Order 6.2 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 one (1) 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 6.1 to speak to matters on the
agenda.
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)
The local authority by resolution so decides; and
(b)
The presiding member explains at the meeting, at a time when it is open to the
public,(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 a
subsequent meeting.
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as
amended) states:
Where an item is not on the agenda for a meeting,(a)
(b)
10
That item may be discussed at that meeting if(i)
That item is a minor matter relating to the general business of the local
authority; and
(ii)
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
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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Governing Body
29 October 2015
Item 11

File No.: CP2015/22040
Purpose
1.
To approve Auckland Councils submission to the Ministry of Business Innovation and

Employment(MBIE) on the areas proposed to be offered for petroleum exploration permit
applications in 2016 (Block Offer 2016).
Executive Summary
2.
MBIE is consulting iwi/hapu and local authorities on areas it proposes to offer up for
prospective oil and gas exploration through an annual tender process (Block Offer 2016).
Consultation began on 3 September 2015 and closes on 30 October 2015.
3.
If approved, this is Auckland Councils third submission on Block offers.
4.
The Block Offer 2016 proposal incorporates four offshore areas including the NorthlandReinga and New Caledonia Basin (16NRN-R1 ~186,000 km2) and the Taranaki Basin
(16TAR-R1 ~73,000 km2). The boundaries of these two basins are the same as those
released for tender following consultation on Block Offer 2015.
5.
While not directly in Aucklands coastal marine area (CMA), oil exploration and production in
nearby regions and Exclusive Economic Zone could have effects on Aucklands natural and
physical resources and their social, cultural and economic use and value.
6.
The issues remain in essence the same as with Block Offers 2014 and 2015, and Auckland
Council could therefore seek the following changes to Block Offer 2016:
i.
Amend the proposed Taranaki basin area to be at least 12 nautical miles offshore so it
applies a precautionary approach and avoids the North Island West Coast Marine
Mammal Sanctuary (the sanctuary) and potentially associated adverse effects on
Mauis dolphin and their habitat;
ii.
Exploration activities to adhere to guidelines for minimising acoustic disturbance to

marine mammals, including within 20 nautical miles of the sanctuary;
iii.
Recognise the sensitivity of potentially impacted areas and minimise oil spill and
discharge risks, particularly close to the coast, by applying the highest international
standards and favouring tender applicants with the best environmental track records;
iv.
Support integration by keeping iwi and local authorities informed of the permitting
process and by sharing analysis and data between the Crown Minerals Act and
Resource Management Act processes.
Recommendation/s
a)
approve the submission (Attachment D to the agenda report), including any

amendments sought by the governing body, in response to the Ministry of Business
Innovation and Employments Block Offer 2016 consultation.
b)
delegate authority to the Mayor to approve final amendments to the submission

sought by the governing body.
c)
delegate to the Chief Executive the authority to lodge a submission, with a similar
position as taken on Block Offer 2016, in the event that a Block Offer 2017 round of
consultation coincides with the local government election period in 2016.
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Comments
Proposed Block Offer 2016 Release Areas
7.
The Block Offer 2016 proposal incorporates four offshore areas including the NorthlandReinga and New Caledonia Basin (16NRN-R1 ~186,000 km2) and the Taranaki Basin
(16TAR-R1 ~73,000 km2) off the west coast of the North Island. The boundaries of these two
basins are the same as those released for tender following consultation on Block Offer 2015.
A map of all the release areas proposed for Block Offer 2016 is appended as Attachment
A. A map of the two large areas closest to the Auckland region is appended as
Attachment B.
8.
Of note is that:
no areas proposed for release in Block Offer 2016 extend into the CMA of the Auckland
region,
the proposed areas include potential for exploration within very large areas off the North
Island west coast,
the proposed Taranaki basin area overlaps of with the more southern parts of the North
Island West Coast Marine Mammal Sanctuary (the sanctuary - see Attachment B).
9.
Further background information is provided in Attachment C, describing the block offer

process, the regulatory framework for oil and gas exploration and changes between recent
block offer rounds for the two basin areas offshore from the Auckland region.
Auckland Councils previous submission on Block Offer 2015

10.
Auckland Council lodged a submission to Block Offer 2015 (REG/2015/6 5 February 2015).
The council submission sought measures to avoid or mitigate potential environmental risks,
including amending areas to be outside of Aucklands coastal marine area and outside the
marine mammal sanctuary to reduce risks to the endangered Mauis dolphins.
11.
A number of local boards supported the councils submission, whilst some local boards
opposed all areas for Block Offer 2015.
12.
Changes made by the Minister following consultation included moving the northern part of
the Taranaki basin area so that it no longer overlapped with the Auckland regions coastal
marine area, but no change to the overlap with the marine mammal sanctuary further south.
The boundary changes have been carried through into the Block Offer 2016 areas.
13.
The Minister also required that any permits granted for exploration in the North Island Marine
Mammal Sanctuary specifically comply with the 2013 Code of Conduct for Minimising
Acoustic Disturbance to Marine Mammals from Seismic Survey Operations.
Auckland Councils proposed submission on Block Offer 2016

14.
As the issues around Block Offer 2016 (Attachment D) essentially remain the same, the
proposed submission is in principle the same as the councils submission on Block Offer
2015. It raises four recommended changes to minimise any potential environmental impacts.
a) Amend the proposed Taranaki basin area to be at least 12 nautical miles offshore so
it applies a precautionary approach and avoids the North Island West Coast Marine
Mammal Sanctuary (the sanctuary) and potentially associated adverse effects on
Mauis dolphin and their habitat;
b) Exploration activities to adhere to guidelines for minimising acoustic disturbance to
marine mammals, including within 20 nautical miles of the sanctuary;
Page 10
c) Recognise the sensitivity of potentially impacted areas and minimise oil spill and
discharge risks, particularly close to the coast, by applying the highest international
standards and favouring tender applicants with the best environmental track records;
d) Support integration by keeping iwi and local authorities informed of the permitting
process and by sharing analysis and data between the Crown Minerals Act and
Resource Management Act processes.
Option to avoid potential difficulties submitting on the next years Block Offer 2017
15. In the expectation that the government may continue to run an annual Block Offer process
and that Block Offer 2017 consultation may coincide with the local government elections in
2016, a contingency is proposed to simplify what might otherwise be a difficult submission
process. There were significant limitations to local board involvement during development
and approval of the councils submission on Block Offer 2014 consultation.
16.
An option is therefore included (recommendation (d)) for the committee to determine

whether or not it supports the position reached on the councils submission on Block Offer
2016 also applying to any Block Offer 2017 consultation.
Consideration
Local Board views and implications
17.
Local Boards were circulated the Block Offer 2016 proposal and explanatory notes on 21
September 2015. Informal positions received are included in this agenda report.
18.
Waitakere Ranges Local Board provided a formal submission opposing the block offer
process and seeking adoption of the precautionary principle because of the potential risks
associated with oil and gas exploration to the legislatively1 recognised, valued and
vulnerable natural resources of the west coast.
19.
Waiheke Island Local Board provided an informal submission that also opposes the block
offer process in its entirety. They identify the wide regional and national significance of the
concerns, in particular their relation to important and fundamental issues and principles over
the way in which New Zealands marine ecosystems and habitats of threatened marine
fauna (and marine mammals in particular) are managed. The Local Board also seeks
assurance that future exploration and extraction within the Hauraki Gulf Marine Park will not
be contemplated.
20.
The Orakei Local Board provided an informal comment that there should be no seabed
mining or extraction within 200 nautical miles of the Hauraki Gulf.
21.
The Mngere-Otahuhu Local Board provided informal advice seeking a mineral and mining
exclusionary zone along the length of the North Island, and therefore supporting a
precautionary position of avoiding the Mauis dolphin marine mammal sanctuary.
22.
The Puketpapa Local Board provided a formal submission expressing concern about the
environmental risks associated with the block offer process and exploration activities, and
seeking that the council submission strongly advocate for application of a precautionary
approach. The Board also expresses concerns about the capability for effective oil spill
response and seeks information on the requirements placed on applicants by the
Environment Protection Authority and Maritime New Zealand.
23.
The Manurewa Local Boards formal submission identifies the important and vulnerable
values of the Manukau Harbour and environs, requests all practical steps be taken to protect
these, and supports the councils request for Block Offer areas to avoid the marine mammal
sanctuary.
Waitakere Ranges Heritage Area Act 2008
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24.
The Maungakiekie-Tmaki Local Boards formal submission opposes allocation of petroleum

exploration permits in the proposed Block Offer areas because of community concerns over
oil spill risks and potential risks to Mauis dolphin and recovery of their population.
25.
The Franklin Local Boards informal submission raised concerns about environmental
sensitivity and risks of oil spills, and supported the councils previously requested actions to
avoid or reduce risks to Mauis dolphin habitat and remaining populations.
Mori impact statement

26.
New Zealand Petroleum and Minerals (NZP&M) are required by the Crown Minerals Act to
consult with iwi and hapu on the proposed release areas. Iwi and hapu therefore have a
direct route to contribute their concerns into the Block Offer process. The Minister may then
exclude areas from the Block Offer process where these have been identified by iwi or hapu
as having particular significance and sensitivity. Once permits are granted, permit holders
are also required to provide an annual report to the Minister on their engagement with
potentially affected iwi and hapu.
27.
In addition, the same opportunity to contribute and its accompanying explanatory information
that was sent to Local Boards was circulated on 18 September to the full Auckland iwi/hapu
contact list provided by Te Waka Angamua.
28.
To date, Nga Maunga Whakahii o Kaipara has responded. The Board of Trustees approved
the drafting of a submission that objects in principle to the block offer process, and will lodge
their submission directly with NZP&M.
Implementation
29.
Final decisions on any response to the councils submission on Block Offer 2016, along with
the subsequent announcement in December 2016 of any exploration permits granted, rests
with the Minister of Energy and Resources.
30.
Council officers will monitor the NZP&M Block Offer 2016 process and will inform the
relevant council bodies of any significant developments.
Attachments
No.
Title
Page
Block Offer 2016 proposed areas
13
Block Offer 2016 proposed areas closest to the Auckland region
15
Block Offer background
17
Auckland Council proposed submission on Block Offer 2016
21
Signatories
Author
Dominic McCarthy, Principal Specialist Environmental Strategy
Authorisers
Jacques Victor - GM Auckland Plan Strategy and Research

Jim Quinn - Chief of Strategy
Stephen Town - Chief Executive
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Attachment A
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Attachment B
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Attachment C
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Attachment C
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Attachment C
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Attachment D
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Page 35
Report of the Hearings Panel on the Confirmation of Legacy Bylaws

2015
File No.: CP2015/21784
Purpose
1.
To confirm seven full bylaws and residual parts of 12 other bylaws, made by Aucklands
former local authorities, to avoid them being automatically revoked on 31 October 2015.
Executive Summary
2.
When Auckland Council was established on 1 November 2010, it inherited a series of

bylaws (legacy bylaws) made by Aucklands former councils.
3.
Under section 63(3) of the Local Government (Auckland Transitional Provisions) Act, the
legacy bylaws will be automatically revoked on 31 October 2015, unless confirmed,
amended or revoked by the council before that date.
4.
Over 2010-2015, Auckland Council and Auckland Transport have reviewed most of the
legacy bylaws and have:
adopted 22 new Auckland-wide bylaws (17 council bylaws and five Auckland
Transport bylaws) to replace or consolidate the legacy bylaws, as outlined in
Attachment A
allowed some legacy bylaws or residual parts to be automatically revoked by the

legislation on 31 October 2015, as they are no longer used and/or required.
5.
This leaves seven legacy bylaws and residual parts of 12 other legacy bylaws that the
council needs to address before the statutory deadline on 31 October 2015.
6.
On 8 July 2015, the Regulatory and Bylaws Committee:
recommended that the governing body adopt the Statement of Proposal: Confirmation
of Legacy Bylaws 2015, which outlined a proposal to confirm seven legacy bylaws
and residual parts of 12 other legacy bylaws
appointed a hearings panel, comprised of Councillors Penrose (as Chair) and

Filipaina, to hear submissions, deliberate and make recommendations to the
governing body (Resolution number: RBC/2015/23).
7.
On 30 July 2015, the councils governing body accepted the Regulatory and Bylaws
Committees recommendation and adopted the Statement of Proposal for public consultation
(Resolution number: GB/2015/77).
8.
The details of the proposal are as follows:
to confirm the legacy bylaws (or residual parts) related to freedom camping, electric
and barbed wire fencing adjoining public land, wharves, construction in the road
corridor and other public places, and on-site wastewater management so they remain
in force until 31 October 2020. The specific bylaws and clauses are detailed in the
recommendations of this report and in Attachment B.
to confirm the Auckland City Council Bylaws: Bylaw No. 27B Billboards 2007 so that
it remains in force until the relevant provisions of the Proposed Auckland Unitary Plan
become fully operative (see Attachment B).
Page 37
Item 12
Governing Body
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Item 12
no changes to the legacy bylaws are proposed.
9.
The council publicly notified the Statement of Proposal on 3 August 2015 and received 12
submissions in response.
10.
On 21 September 2015, the Hearings Panel considered the submissions and heard oral
submissions from two submitters. The oral submissions were about freedom camping.
11.
No contentious issues were raised about the proposal to confirm the bylaws in the
submissions or hearings processes. The Hearings Panel therefore recommends the
governing body confirm the seven legacy bylaws and residual parts of 12 other legacy
bylaws, as proposed.
Recommendation/s
a)
confirm the following legacy bylaws, or residual parts, in accordance with section
63(3) of the Local Government (Auckland Transitional Provisions) Act 2010 until 31
October 2020, at which time these bylaws, or residual parts, will be automatically
revoked:
i. On freedom camping:
ii.
a)
Auckland City Council Bylaws: Bylaw No.20 - Public Places 2008:

clauses 20.3.1 (g) and (v), and 20.8
b)
Auckland Regional Council Parks Bylaw 2007: clauses 6.1(b) and 8
c)
Franklin District Council Public Places Bylaw 2007: clause 5(5)(b) and
the First Schedule
d)
Manukau City Consolidated Bylaw 2008: Chapter 9 General Nuisance,

Safety and Behaviour in Parks and Public Places: clause 4.1 (a) and (b)
e)
North Shore City Council Bylaw 2000: Part 2 Public Places: clauses 2.3.1
(g) and (j)
f)
Papakura District Council Public Places Bylaw 2008: clauses 3.4(b) and
18.1
g)
Rodney District Council General Bylaw 1998: Chapter 8 Public Places

clauses 6.1 (a) and (c), 7, and 8
h)
Waitakere City Council Public Places Bylaw 2010: clauses 6.1(i), 7.1(a),
17, 18, and 19.
On electric and barbed wire fences on property next to public land:

a)
Papakura District Council Public Places Bylaw 2008: clause 12.1
b)
Waitakere City Council Public Places Bylaw 2010: clause 15.2(b).
iii. On wharves:
a)
Auckland City Council Bylaws: Bylaw No.8 - Wharves 2008
b)
Rodney District Council General Bylaw 1998: Chapter 12 Use of Public

Wharves and Boat Ramps
iv. On construction activities in the road corridor and other public places:
a)
Auckland City Council Bylaws: Bylaw No.6 - Construction 2008
b)
Franklin District Council Public Places Bylaw 2007:clause 11
Page 38
v.
c)
Manukau City Consolidated Bylaw 2008: Chapter 5 Construction,

Development, Street Damage and Vehicle Crossings
d)
North Shore City Council Bylaw 2000: Part 13 Construction and

Scaffolding
e)
North Shore City Council Bylaw 2000: Part 2 Public Places: clause 2.11
f)
Papakura District Council Public Places Bylaw 2008: clause 9
g)
Rodney District Council General Bylaw 1998: Chapter 9 (Road Crossings

and Numbering of Premises): clauses 4, 5 and 6.
On on-site wastewater management:

a)
b)
Auckland City Council Bylaws: Bylaw No. 29 - Waiheke Wastewater 2008

North Shore City Bylaw 2000: Part 20 Wastewater: clauses 20.1.2,
20.2.1, 20.2.2 and 20.7.3
Papakura District Council Wastewater Bylaw 2008: clauses 1, 9, 10, 11,
12, 13, 14 and 16
Rodney District Council General Bylaw 1998: Chapter 20 Wastewater
Drainage: clauses 2, 9 and 12.
c)
d)
b)
Item 12
Governing Body
29 October 2015
confirm the Auckland City Council Bylaws: Bylaw No. 27B Billboards 2007, in
accordance with section 63(3) of the Local Government (Auckland Transitional
Provisions) Act 2010, until the relevant signage provisions of the Auckland Unitary
Plan become operative, at which time this bylaw will be automatically revoked.
Comments
Background
12.
When Auckland Council was established on 1 November 2010, it inherited a series of

bylaws (legacy bylaws) that had been made by Aucklands former councils.
13.
Since then, the legacy bylaws have remained in force in the areas to which they previously
applied, in accordance with the Local Government (Auckland Transitional Provisions) Act
2010. Under section 63(3) of that Act however, the legacy bylaws will be automatically
revoked on 31 October 2015, unless confirmed, amended or revoked by the council before
that date.
Bylaw Review Programme

14.
Since amalgamation, the council and Auckland Transport have reviewed most of the legacy
bylaws, leaving seven full bylaws and residual parts of 12 other bylaws to be addressed
before 31 October 2015.
15.
The outcomes of the reviews completed to date are summarised as follows:
The council has adopted 17 new Auckland-wide bylaws (as listed in Attachment A)
to replace or consolidate legacy bylaws
Auckland Transport has adopted five new bylaws (as listed in Attachment A), of
which three are administered by the council and two by Auckland Transport.
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Item 12
16.
The council has decided to allow a number of legacy bylaws to be automatically

revoked by section 63(3) of the Local Government (Auckland Transitional
Provisions) Act 2010 on 31 October 2015, as they are no longer used and/or
required. This includes a decision by the Regulatory and Bylaws Committee in July
2015, when the committee determined that 19 of the remaining legacy bylaws
should be automatically revoked (resolution number: RBC/2015/23). No further
decisions on those legacy bylaws are required.
The seven full bylaws and residual parts of 12 other bylaws that still require a decision are
addressed through this report.
Relevant decisions
17.
18.
On 8 July 2015, staff presented the Regulatory and Bylaws Committee with the Statement
of Proposal: Confirmation of Legacy Bylaws 2015, which outlines the proposal to confirm
seven legacy bylaws and residual parts of 12 other legacy bylaws. The committee:
recommended that the governing body adopt the Statement of Proposal, for public
consultation
appointed a hearings panel, comprised of Councillors Penrose (as Chair) and

Filipaina, to hear submissions, deliberate and make recommendations to the
governing body (Resolution number: RBC/2015/23).
On 30 July 2015, the councils governing body accepted the Committees recommendation
and adopted the Statement of Proposal for public consultation (Resolution number:
GB/2015/77).
Proposal to confirm legacy bylaws

19.
The table below summarises the details of the proposal:

Bylaw topics
Proposal
Detail
Freedom
camping
Electric and
barbed wire
fencing adjoining
public land
To confirm the
legacy bylaws (or
residual parts) so
that they remain
in force until 31
October 2020
Confirming these legacy bylaws means they will

remain in force from 1 November 2015 in the
areas to which they applied at the date of
confirmation.
Confirming the legacy bylaws preserves the

status quo and allows the council time to
complete further work on the topics or issues
that relate to the legacy bylaws.
Staff expect to review the bylaws prior to 31

October 2020, and to make specific
recommendations about whether to retain,
replace, or revoke each one, as part of this
review process. However, if such a review was
not completed by 31 October 2020, the bylaws
would be deemed to be revoked.
The legacy billboards bylaw will no longer be

required once the signs-related provisions of the
Proposed Auckland Unitary Plan become
operative.
Those provisions of the Proposed Auckland
Wharves
Construction in
the road corridor
and other public
places and
On-site
wastewater
management
Billboards
To confirm the
Auckland City
Council Bylaws:
Bylaw No. 27B Billboards 2007
so that it remains
Page 40
in force until the

relevant
provisions of the
Proposed
Auckland Unitary
Plan become fully
operative
Unitary Plan are expected to become operative

sometime in 2016. If the legacy billboards bylaw
is not confirmed by 31 October 2015, there
would be a regulatory gap in the management
of billboards in the former Auckland City Council
area.
Public consultation
20.
The Statement of Proposal was notified on 3 August 2015 and the submission period closed
on 3 September 2015. The council received 12 submissions on the proposal, including one
late submission.
Overview of submissions
21.
The submissions raised the following issues:
Support for confirming the legacy bylaws, particularly those related to

construction in the road corridor and other public places; on-site wastewater
management; and billboards.
Concerns about the enforcement of existing freedom camping rules,

particularly in the Snells Beach area. Council staff will consider this information
when completing the review of freedom camping provisions (planned for 2016).
Concern that the whole Auckland Regional Council Parks Bylaw 2007 is not
proposed for confirmation:
o
The council has already revoked and replaced most of the provisions in the
Auckland Regional Council Parks Bylaw 2007, as part of the adoption of the
Public Safety and Nuisance Bylaw 2013, Animal Management Bylaw 2015
and the Trading and Events in Public Places Bylaw 2015.
The Statement of Proposal outlines the councils proposal to confirm the two
remaining clauses of the Auckland Regional Council Parks Bylaw 2007
(clause 6.1(b) and clause 8).
Hearings and deliberations

22.
After considering the submissions, on 21 September 2015 the Hearings Panel considered a
staff report and heard oral submissions from two submitters. The Chair of the Hibiscus and
Bays Local Board also attended the meeting to provide feedback.
23.
The feedback raised at the hearings is summarised as follows:
24.
Submitters were concerned about the lack of effective enforcement of the current
freedom camping rules.
Submitters supported the proposal to retain the legacy bylaw provisions and would
like to be involved in the development of any new Auckland-wide freedom camping
bylaw.
No contentious issues were raised about the proposal to confirm the legacy bylaws in the
submissions or hearings processes.
Page 41
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25.
The Hearings Panel also completed its deliberations on 21 September 2015 when it
resolved to:
receive and adopt the hearing report
accept the late submission by Housing New Zealand
recommend to the governing body to confirm the retention of the 19 bylaws (or
residual parts), made by the former local authorities in the Auckland region, as
provided in Attachment 1 of the hearing report.
Hearings Panel recommendations

26.
The Hearings Panel recommends the governing body confirm the seven legacy bylaws and
residual parts of 12 other legacy bylaws, as detailed Attachment B of this report.
Consideration
27.
The local boards were notified of the public consultation process. However, specific local
board consultation was not considered necessary as the proposal is to retain the status quo
rather than to introduce new regulatory measures.
28.
The chair of the Hibiscus and Bays Local Board attended the hearings and provided
feedback about freedom camping issues.
29.
The council will involve the local boards in the bylaw review processes planned for five of the
legacy bylaw topics (noted in clauses 18 and 19).

30.
Targeted consultation and workshops with iwi were not considered necessary for the
proposal on the Confirmation of Legacy Bylaws 2015, as the proposal is to retain the status
quo rather than to introduce new regulatory measures
31.
Retaining the seven legacy bylaws and residual parts of 12 other legacy bylaws is not
considered to have any particular impacts on Aucklands Maori communities.
32.
The council will actively involve Aucklands Maori communities in the bylaw review
processes that will be undertaken for five bylaw topics (noted in clauses 18 and 19), but
particularly the bylaw review processes for freedom camping and on-site wastewater
management. Those topics will be particularly important to Aucklands Maori communities,
as they involve managing Aucklands environmental quality and the disposal of wastewater.
Implementation
33.
Confirming the seven legacy bylaws and residual parts of 12 other legacy bylaws means the
provisions will remain in force from 1 November 2015. The council will need to continue
following its regulatory practices and procedures, though this will not require any additional
resources.
34.
After the legacy bylaws are confirmed, the council will notify the public through a public
notice.
Page 42
35.
The council will need to review the confirmed bylaws by 31 October 2020. The indicative
review timeframes are as follows:
By 2017, the council expects to review the legacy bylaws on: freedom camping;
construction in the road corridor and other public places (to be reviewed in
conjunction with Auckland Transport); and on-site wastewater management, which
will be reviewed once the rules for on-site wastewater in the Proposed Auckland
Unitary Plan are finalised.
By 2018, the council expects to review the remaining legacy bylaws on electric and
barbed wire fencing adjoining public land; and the two bylaws on wharves (to be
reviewed in conjunction with Auckland Transport).
Attachments
No.
Title
Page
New bylaws adopted by Auckland Council and Auckland Transport over

2010-2015
45
Legacy bylaws and bylaw provisions proposed for confirmation by 31

October 2015
47
Signatories
Author
Councillor Calum Penrose Hearings Panel Chairperson
Authoriser
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Item 13

File No.: CP2015/21151
Purpose
1.
To amend the membership of the Unitary Plan Committee.
Executive Summary
2.
The Unitary Plan Committee currently has eight councillor members and two Independent
Mori Statutory Board (IMSB) members. The committee, which already has frequent
meetings, is entering into an extensive and intensive work programme over coming months.
Given the number of meetings and intensity of the work programme, it is recommended that
the membership be increased to nine councillors plus the two current IMSB members. The
Unitary Plan Committee Chair, Councillor Alf Filipaina, supports this recommendation.
3.
It is not proposed to change the quorum for the committee, which will remain at five
members.
4.
It is recommended that Councillor Penrose be added to the membership of the Unitary Plan
Committee.
Recommendation/s
a)
appoint Councillor Calum Penrose to the membership of the Unitary Plan Committee.
Comments
Governance arrangements
5.
The Unitary Plan Committee was set up as a reporting committee of Auckland Development
Committee. While major policy decisions go to Auckland Development Committee, the
Unitary Plan Committee fulfils an extremely important function giving direction to staff on
matters associated with the Unitary Plan, including Councils submission to the Unitary Plan
(final sign off is with the Auckland Development Committee), pre-hearing mediation and
responding to matters raised by the submission process.
6.
The Terms of Reference for the Unitary Plan Committee allow for frequent meetings to
ensure timeliness of response to the Independent Hearings Panel. Councillor Filipaina, as
Chair of the Committee, has identified the difficulty of getting regular attendance from all
members on such a frequent basis.
7.
Councillor Penrose is a regular attendee, although not a member of the Committee. With the
work programme of the Regulatory and Bylaws Committee (of which he is Chairperson) now
reducing, Councillor Penrose has expressed an interest in becoming a full member of the
Unitary Plan Committee.
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Consideration
Local Board Views
8.
Local board views have not been sought as membership of Governing Body Committees is
a matter of Governing Body procedure.
Mori Impact Statement

9.
The Unitary Plan Committee includes representation for members of the IMSB. This is
intended to ensure input from the IMSB into a wide range of council decision-making. No
changes are proposed to this representation.
Attachments
There are no attachments for this report.
Signatories
Author
Theresa Stratton - Principal Advisor Finance and Governance
Authoriser
His Worship the Mayor, Len Brown
Page 158
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Item 14

File No.: CP2015/21792
Purpose
1.
To make a nomination to the University of Auckland Animal Ethics Committee.
Executive Summary
2.
The University of Auckland is required to have an Animal Ethics Committee. One lay
member of this committee must be appointed on the nomination of the council. The current
member is Simon Randall, Chairperson Maungakiekie-Tmaki Local Board and his term has
come to an end. He is available for re-nomination.
3.
At this stage there are no other nominations however, nominations can occur at the
Governing Body meeting.
Recommendation/s
a)
make a nomination to the University of Aucklands Animal Ethics Committee.
Comments
4.
The Animal Welfare Act 1999 (the Act) requires all organisations which use live animals for
research, testing and teaching to have both a Code of Ethical Conduct and an Animal Ethics
Committee. The University of Auckland is a code holder organisation.
5.
The Animal Ethics Committee comprises at least four members, one of which needs to be
nominated by Auckland Council (section 101(8)). All are appointed by the chief executive of
the code holder organisation (University of Auckland).
6.
The requirements of the legislation in section 101 are:

(8)
One member must be a person appointed by the code holder on the nomination
of a territorial authority or regional council.
(9)
The person appointed under subsection (8) must not be
(10)
(a)
a person who is in the employ of, or is otherwise associated with, the code
holder; or
(b)
a person who is associated with the scientific community or an animal

welfare agency.
The appointed members of each animal ethics committee hold office for such
terms and on such conditions as are specified in the code of ethical conduct.
7.
The Code of Ethical Conduct refers to the council nominee as representing the public
interest and sets the term of office for all members at three years.
8.
The functions and powers of committee members, and the procedures that they must follow,
are outlined in the Act, but their overall responsibility can be summarised as ensuring that no
unnecessary harm or distress is caused to animals as a consequence of research or
captivity.
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9.
A member of the committee is expected to:

-
read applications (approximately five - ten applications a month)
review applications (reviews will not usually be assigned to the same members
every month but may involve one or two reviews in a given month)
attend the committee meeting once a month (eleven per year) to discuss these
applications (usually the morning of the last Friday of the month, for a duration of
approximately three-four hours)
take part in formal monitoring of approved protocols on an occasional basis

which may involve attending site visits (approximately 12 hours per year) to
animal holding facilities
review approved applications in conjunction with another member of the

committee (up to two hours per review excluding preparation and travel time,
with two to three reviews per member per year).
10.
There are legal implications for the university if no appointment is made, as the Act requires
that a code holder must establish and maintain an animal ethics committee made up of at
least four members.
11.
The governing body resolved its nomination of the current appointee, Simon Randall, on 27
September 2012. The three-year term of appointment has now run its course and the
governing body is asked to re-confirm Simon Randall as Auckland Councils nominee or
make a different nomination. At this stage there are no other nominations however,
nominations can occur at the Governing Body meeting.
12.
Mr Randall is available to stay on for another three-year term in this capacity. Relevant
aspects of Mr Randalls background include:
i)
he has eight years of experience as an elected member in local government, and so

has considerable experience in deliberation and decision-making
ii) he has university degrees which cover relevant papers in philosophy of science, ethics,
critical reason, and a Masters of Science with first class honours in conservation and
biosecurity
iii) he taught high school biology for three years which included teaching critical
examination of animal testing
iv) he has been a member of the committee for the last three years
v) he meets the criteria of Section 101(9) of the Act.
Consideration
13.
This decision involves making an appointment to a university committee, which is a regional

entity. Council has no formal engagement with the Animal Ethics Committee once the
appointment is made. The current appointee is the chairperson of the Maungakiekie-Tamaki
Local Board.

14.
There is a requirement that an application to use native animals must receive Department of
Conservation approval, which includes consultation with Mori.
Implementation
15.
Staff will advise the university of the governing bodys decision.
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Item 14
Attachments
There are no attachments for this report.
Signatories
Authors
Warwick McNaughton - Principal Advisor - Democracy Services
Authorisers
Marguerite Delbet - Manager Democracy Services

Phil Wilson - Governance Director
Page 161

Governing Body Agenda For Thursday 29th October 2015

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I hereby give notice that an ordinary meeting of the Governing Body will be held on:

Thursday, 29 October 2015

Those powers which cannot legally be delegated:

the power to make a rate; or

the power to make a bylaw; or

the power to appoint a Chief Executive; or

the power to adopt a remuneration and employment policy.

Additional responsibilities retained by the Governing Body:

approval of a draft bylaw prior to community consultation

approval of the Unitary Plan

Exclusion of the public who needs to leave the meeting

Members of the meeting

Independent Mori Statutory Board

All staff supporting the meeting (administrative, senior management) remain.

Local Board members

Council Controlled Organisations

Representatives of a Council Controlled Organisation can remain only if required to for

Acknowledgements and Achievements

Public Input - Steve Abel, Greenpeace - Block Offer 2016

Local Board Input

Block Offer 2016 submission

Report of the Hearings Panel on the Confirmation of Legacy Bylaws 2015

Unitary Plan Committee amendment of membership

Nomination to University of Auckland Animal Ethics Committee

Consideration of Extraordinary Items

Acknowledgements and Achievements

Public Input - Steve Abel, Greenpeace - Block Offer 2016 Submission

Local Board Input

The local authority by resolution so decides; and

The reason why the item is not on the agenda; and

That item may be discussed at that meeting if(i)

the presiding member explains at the beginning of the meeting, at a time

no resolution, decision or recommendation may be made in respect of that item

Block Offer 2016 submission

To approve Auckland Councils submission to the Ministry of Business Innovation and

If approved, this is Auckland Councils third submission on Block offers.

Exploration activities to adhere to guidelines for minimising acoustic disturbance to

approve the submission (Attachment D to the agenda report), including any

delegate authority to the Mayor to approve final amendments to the submission

Block Offer 2016 submission

Further background information is provided in Attachment C, describing the block offer

Auckland Councils previous submission on Block Offer 2015

Auckland Councils proposed submission on Block Offer 2016

Block Offer 2016 submission

An option is therefore included (recommendation (d)) for the committee to determine

Waitakere Ranges Heritage Area Act 2008

Block Offer 2016 submission

The Maungakiekie-Tmaki Local Boards formal submission opposes allocation of petroleum

Mori impact statement

Block Offer 2016 proposed areas

Block Offer 2016 proposed areas closest to the Auckland region

Block Offer background

Auckland Council proposed submission on Block Offer 2016

Dominic McCarthy, Principal Specialist Environmental Strategy

Jacques Victor - GM Auckland Plan Strategy and Research

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission

Block Offer 2016 submission