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Eastern Bays Community Board
Back to contents MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
EASTERN BAYS COMMUNITY BOARD
HELD ON WEDNESDAY, 15 APRIL 2009 AT 6.00 PM
IN THE ST IGNATIUS HALL
12 KOTIRI STREET, ST HELIERS

PRESENT: Mr Colin Davis, JP Chairman
  Mrs Helen Wallace Deputy Chair
  Mrs Kate Cooke  
  Dr Adriana Gunder, JP  
  Mr David Roberton  
  Councillor Douglas Armstrong, QSO  
  Councillor Toni Millar, JP [from 6.07 item 4.2]
ALSO PRESENT: Ms Desley Simpson Chair, Hobson Community Board

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    Moved: Davis / Roberton

    That the minutes of the Eastern Bays Community Board meeting held on Wednesday, 18 March 2009 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    4.1. MRS WOOD - WAIATARUA RESERVE PLAYGROUND

    Attaching a letter from the Chairman dated 27 March 2009 sent to Mrs Wood.

    [ATTACHMENT 4.1]

    Secretarial note: Mrs Wood advised that she was no longer able to attend the meeting.

    4.2. MS LYNNE BARRACLOUGH - CITIZENS ADVICE BUREAU AUCKLAND CITY

    Moved: Davis / Wallace

    That Ms Lynne Barraclough, City manager of the Citizens Advice Bureau Auckland City be thanked for her presentation on their funding proposal.

    CARRIED

    Items 4.4 and 5 were taken at this point.

    4.3. DR IAN CALHAEM - ELLERSLIE RACECOURSE REZONING PROPOSAL

    Dr Ian Calhaem gave a presentation outlining the scale of potential development at the Ellerslie Racecourse as a result of the proposal to rezone the land (speakers notes and CD ROM were tabled). Dr Calhaem expressed concern about:

    • The loss of green space
    • Impact on traffic flows
    • Impact on stormwater

    [ATTACHMENT 4.3]

    Moved: Davis / Roberton

    That Dr Calhaem be thanked for his presentation on the Ellerslie Racecourse rezoning proposal.

    CARRIED

    4.4. MRS HENRIETTA WILKINSON - ORAKEI COMMUNITY CENTRE

    Mrs Wilkinson, Manager of the Orakei Community Centre addressed the Board in support of the discretionary funding application at item 5 on this agenda.

    Moved: Davis / Cooke

    That Mrs Henrietta Wilkinson of the Orakei Community Centre be thanked for her presentation in support of the discretionary funding application, and that her submission be considered with item 5.

    CARRIED

  5. Top DISCRETIONARY FUNDING - ORAKEI COMMUNITY CENTRE

    Moved: Davis / Gunder

    That the discretionary funding application from the Orakei Community Centre be approved in the order of $1,100 towards the cost of developing a community garden behind the Centre.

    CARRIED

  6. Top COMMUNITY AND LIBRARY FACILITIES PLAN - CONSULTATION WITH COMMUNITY BOARDS

    Moved: Davis / Wallace

    1. That the Eastern Bays Community Board offers the following feedback on the community and library facilities plan/policy:
      1. The officer's report should include in addition to the categories of Council- owned facilities, a list of the "large number of facilities leased to community groups" to assist the Community Board and the Community Services Committee.  The words "a large number of facilities" is too vague.
      2. The officer's report should include a reason why recreation centres, pools and arts facilities fall outside the scope of this plan/policy.  Recreation centres should be defined; a hall (for example, the Tamaki Ex-Services Hall in St Heliers) or a community centre could be and are used for recreation purposes by council tenants (say by an indoor bowling group) and could be classified as recreation centres.  The term "recreation centre" is too nebulous.  What is an "arts facility"?  The Board understands that the council has commercial lease arrangements in place for its pools.
      3. An appendix map for each Ward showing the "large number of facilities leased to community groups" would assist the Community Board, and the Community Services Committee.  The report notes that there are "approximately 21 groups leasing Council-owned land and/or buildings in the Eastern Bays area" (the word "area" needs to be defined as to whether they are in the Eastern Bays Ward or a larger area).  The Board notes that the Arts, Community & Recreation group does not always align its areas to Ward boundaries, which causes difficulties for Boards.
      4. The Meadowbank Community Centre has a satellite hall in Tahapa Crescent, Meadowbank; this should be reflected in the list of community facilities and shown on the map attached to the report.
      5. There needs to be consistency in use of the words "subsidised" and "discounted" in the policy to state that ratepayers are in effect subsidising community use of facilities (financial contribution or income foregone to assist organisations) to achieve the council's two strategies mentioned in the policy. "Discount" (a deduction from the nominal value) is the wrong word in the context of the policy.  For example, at page 5 of the policy it is stated that the "Council is not in the business of subsidising childcare services as this is considered to be a central government function", and yet at page 6 of the draft policy the word "discount" is used in relation to pre-school services; in the Board's opinion the leases for those playgroups and preschool services are still being subsidised by the ratepayers and the policy should say so.
      6. Contrary to its stated intention, the draft policy does not provide clarity.  The text of Appendices 1 and 2 are not at all clear, and the bullet points do not assist in a reasonable understanding of what constitute "community activities" and "commercial and non-community activities".
      7. While the policy attempts to define lessee responsibilities, it does not, and it should define the lessor's (the council's) responsibilities.
      8. The objectives of the policy should include:  "Ensure each community group is treated fairly and equitably".  Need to define "community activities, projects and programmes", and define the principles for fair and equitable rentals.
      9. Current leases provide that council-owned sports grounds leased to clubs should be made available to casual users; this is hardly fair to those members through their subscriptions and voluntary labour who pay for the facilities and ongoing maintenance of those facilities.
      10. Under "policy scope" factors to be to be considered, "type of service provided" should be re-worded to "type of service and benefit provided"; How will "the level of community need for the activity proposed" be assessed?  This is important because it could unfairly remove long-standing clubs/groups from premises for divestment or change of occupancy from active to passive recreation.  Further, at page 8 of the draft policy a factor to be considered is "whether council requires the land and/or buildings for another purpose which in the opinion of council, is of higher public interest".  How will that be determined?
      11. The fourth bullet point in the list of types of spaces at page 5 (of 10) should have added after "Reserves Act 1977" the words: "or any other special legislative provisions" (for example, the St Heliers Reserve Act).
      12. The list of exclusions at page 5 of the draft policy should include "recreation centres, pools, and arts facilities" which the covering report states are not within this policy.
      13. How are tenancies treated (for example an indoor bowling club using a hall on a regular basis)?  Should the draft policy define "lease" in contradistinction to "tenancy" or "casual tenancy"?  The Board presumes that some community groups which do not have exclusive use of council facilities or reserves, but use those facilities on a casual basis or a long term tenancy/hireage and which still meet the council's twin strategies of "strong and healthy communities" and "lifestyle choices" have some form of subsidised rent, and if they do not, then the Board considers they should, and the draft policy should say so.
      14. The term "predominantly young people" should be defined.  What percentage makes up "predominantly"?  Will this be a subjective call by the officers? How young are "young people"?  The Board does not support discrimination on the grounds of age when setting leases. The older members of the community are just as entitled to subsidised facilities as "young" members.  
        The reason for this discrimination should be made clear in the draft policy. Is this discrimination a breach of the Human Rights legislation?
      15. It is noted that leases will be renewed at regular intervals of five years.  Is it intended that the rents will likewise be reviewed?  Why is it intended that rentals go up from a peppercorn rental to $500 or the discriminatory $250? What is the basis and justification for such an increase?  The amount may seem small but to many organisations it is significant while still keeping subscriptions at a reasonable and competitive level, and having to find income to fund ongoing maintenance
      16. The summary table at page 7 under "Hybrid lease", second bullet point should include reference to gaming machines, i.e. "recreational groups using a facility to generate significant bar and gaming machine revenue".
      17. When will the annual reports required from organisations be required?  What will happen to the reports?  Who pays for the audit when the council requires that an audit be done?  In what circumstances will the council require an audit?
      18. The lessees covered by this draft policy should be in no different position than any other person concerning graffiti removal.  If the council provides a free service to ratepayers for graffiti removal, then the same situation should apply to those community organisations occupying council-owned premises. Drainage works, as well as roof and exterior wall repairs, should also be the responsibility of the council, particularly if the repairs are needed as the result of problems caused by council contractors on other jobs (as has happened in The Parade, St Heliers).
      19. Consideration should be given to lessees which own the building, and which building is used for community purposes, when the policy requires those organisations to provide structural and non-structural maintenance.
      20. The paragraph "Legal fees and costs for resource consents are also the responsibility of the lessee" should be amended by adding "only if the lessee is initiating the project for which resource consent is sought".
      21. (xxi) The Board does not consider it appropriate for expressions of interest to be registered with the council's customer service centre if this is the call centre. Often parties might wish to discuss their interest with persons who will have some knowledge of the subject they are talking about.
      22. (xxii) How will "an assessment of the impact of the proposed activity on open space (where the lease is on open space)" be carried out and assessed?  This is subjective.
      23. (xxiii) What powers will community boards have when applications are presented to boards?  Will boards be able to change any of the terms of the lease or merely be required to rubber stamp the reports and applications.
      24. (xxiv) That the current community facilities (including the library, community centres and halls) in the Eastern Bays ward be retained and improved where required (in particular Meadowbank and Tahapa community centres).
      25. (xxv) That officers be requested to report back to the May 2009 Eastern Bays Community Board meeting on the questions raised in points (i) to (xxiii) above, being feedback on the community and library facilities plan.

    CARRIED

  7. Top GAMBLING VENUE POLICY - COMMUNITY BOARD CONSULTATION

    Moved: Davis / Millar

    That the Eastern Bays Community Board supports in principle the Auckland City Council's draft class 4 gambling venue policy as shown in Appendix One of the report entitled "Gambling venue policy - community board consultation" by the Senior Policy Analyst, dated 15 April 2009, but offers the following for consideration:

    1. While reports of the number of persons apparently addicted to gambling is a disturbing trend and the source of hardship for many households, the council's policy regarding class 4 venues is reasonable and recognises that people will gamble whether in this form of gambling or other forms; and a complete ban while addressing problem gambling, will negatively impact on freedom of choice.
    2. The issues of clustering and imbalance of class 4 venues throughout the City needs to be addressed, and the policy of not consenting to any new class 4 venues will continue this uneven distribution.
    3. As the sources of alternative funding for sporting and other community organisations continue to dry up, the proceeds from gaming machines are important sources of small discretionary grants.
    4. In the list of Class 4 gaming venues shown in Appendix Four of the officers' report, five and not four (as recorded in the officer's report), are in the Eastern Bays Ward.
    5. The council's sinking lid approach is not supported and the status quo should remain for the number of gaming machines, and there should be a more even distribution of class 4 venues and machines across the city.

    CARRIED

  8. Top LIQUOR BAN REQUESTS - COMMUNITY BOARD CONSULTATION

    Moved: Davis / Armstrong

    1. That the Eastern Bays Community Board supports option one, viz a liquor ban in all parks, reserves and council-owned car parks in Auckland city seven days per week from 10pm to 8am during the period of daylight saving, and 8pm to 8am outside the period of daylight saving.
    2. That the Eastern Bays Community Board does not fully support option two of expanding liquor ban areas based around town centres, and considers that any liquor ban in any mainstreet programme area in Auckland city should be dealt with on its merits in consultation with the managers of the mainstreet areas, taking into account the licences already issued to restaurants.
    3. That the Eastern Bays Community Board supports the liquor bans currently operating in the Eastern Bays Ward, but questions why only Mission Bay Beach of all the beaches in the Eastern Bays Ward is particularly singled out, and asks whether the Auckland Regional Council also has imposed liquor bans on beaches within its jurisdiction.

    CARRIED

  9. Top LIQUOR LICENSING POLICY DEVELOPMENT - SCOPE

    Moved: Davis / Armstrong

    1. That the resolutions and report relating to the Liquor Licensing Policy Development - Scope report from the City Development Committee meeting held on 12 March 2009 be received.
    2. That the Eastern Bays Community Board provides the following feedback on the Liquor Licensing Policy Development - Scope:
      1. The Eastern Bays Community Board considers the Auckland City Council's present Auckland City Alcohol Strategy adequate as a liquor framework to guide the council's future decisions and actions relating to liquor in Auckland City, pending:
        1. the formulation of a regional liquor policy following the creation of the new Auckland Council; and
        2. the outcome of the Law Commission's comprehensive review of New Zealand's liquor legislation,
        both of which could significantly affect any new policy being created by the present Auckland City Council.
      2. The Board is mindful that any new policy must align itself with legislation and related case law. It is therefore important that the Council is pro-active with input into the Law Commission's deliberations.  Indeed while the ideals expressed in any policy, and in the current strategy, are lofty with the hope that reality will match, the Board notes that while the Liquor Licensing Authority may take into account the council's liquor licensing policy when determining issues before it, it is not obliged to do so.  This of course, is no reason for not having a policy expressing the "community's" aspirations with practical, common sense guidelines for dealing with issues associated with liquor.
      3. The Board acknowledges that consultation must be thorough and robust.  While the Board has not read the High Court judgement referred to in the officers' report, the Board notes the officers' comment that the Court emphasized that for the Liquor Licensing Authority to take account of the Council's policy the Authority must be satisfied that the policy accurately reflects the local community's wishes. The Board is uncertain how "local community" is to be interpreted, as community's wishes may vary from place to place and community to community. Will the policy therefore be an attempt to draw together the aspirations of the whole City, as one community.
      4. The Board asks the officers developing the specific licensing policy to replace the guidelines, to note the Eastern Bays Community Board's submission to Parliament's Social Services Select Committee on the Sale of Liqour (Objections to Applications) Amendment Bill in August 2008, which among other things, asked for the Bill to be strengthened to require licensing authorities to consider and give effect to a local authority's alcohol strategies when considering applications.
      5. The Board supports the objectives in the current strategy, and in particular, it supports for its Ward:
        1. the objective to reduce the risk of exposing minors, and others going about their lawful business, to possible harassment from intoxicated persons entering or leaving a drinking establishment;
        2. the present hours of closure in objective eight (page 14) in residential zones and mixed use, business and residential zones, and does not support any 24/7 entertainment licences in those zones;
        3. developing district plan measures to control the location of licensed taverns, clubs, and stand alone off-licences in residential and mixed use zones, and to ensure that local commercial shopping areas do not have concentrations of licensed premises; and
        4. the effective implementation of alcohol bans.
      6. The Board considers that any strategy/policy should not be so restrictive to prevent persons from lawfully enjoying a drink while visiting beaches and reserves in the Ward.

    CARRIED

  10. Top SALE AND SUPPLY OF LIQUOR AND LIQUOR ENFORCEMENT BILL

    Moved: Davis / Roberton

    That the information on the Sale and Supply of Liquor and Liquor Enforcement Bill be noted.

    CARRIED

  11. Top REPORT ON THE NZ COMMUNITY BOARDS CONFERENCE

    Moved: Davis / Millar

    1. That the report by Board member Kate Cooke on the NZ Community Boards Conference be received, noting that the Eastern Bays Community Board won the Best Practice Award in the 'Working with Children' category for the worm farm small local improvement project (SLIPs) project.
    2. That the Eastern Bays Community Board formally congratulates Kate Cooke and Democracy Services staff on their efforts in collating the entry in the "Working with Children" category of the New Zealand Community Board Conference Best Practice Awards and expresses its delight in winning the award.
    3. That a letter be sent to the Principal of Selwyn College congratulating  both students and staff for their contributions in making the worm farm project a success. This success  has been mirrored with the Eastern Bays Community Board winning the Best Practice Award at the New Zealand Community Boards Conference in March 2009.

    CARRIED

  12. Top CHAIRMAN'S REPORT

    Moved: Davis / Roberton

    1. That the Chairman's report, dated 8 April 2009, be received.
    2. That in the event of the Ngahue Reserve project not proceeding, the Eastern Bays Community Board consider in consultation with the Group managers from Arts Community and Recreation Policy and Arts Community and Recreation Services, alternative projects to be funded from the Eastern Bays financial contributions balance.

    CARRIED

  13. Top BOARD MEMBERS' REPORTS

    13.1. HELEN WALLACE

    Moved: Wallace / Davis

    That the report by Board member Helen Wallace, dated 6 April 2009, be received.

    CARRIED

    13.2. KATE COOKE

    Moved: Cooke / Davis

    That the report by Board member Kate Cooke, dated 6 April 2009, be received.

    CARRIED

    13.3. ADRIANA GUNDER

    Moved: Gunder / Davis

    1. That the report by Board member Adriana Gunder dated 6 April 2009 be received.
    2. That Board member Gunder's request for Council to further improve the inorganic collection in Southern Cross Rd and Hawera Road, Kohimarama, be referred to the appropriate council department for consideration.

    CARRIED

    13.4. DAVID ROBERTON

    Moved: Roberton / Wallace

    1. That the report from Board member Roberton, dated 5 April 2009, be received.
    2. That the appropriate council officers be requested to consider the possibility of installing a rubbish bin at or near the corner of Queen Street and City Road, and advise Board member Roberton of the outcome.

    CARRIED

  14. Top COUNCILLOR'S REPORTS

    14.1. COUNCILLOR MILLAR

    Moved: Millar / Davis

    That the verbal report from Councillor Millar be received, which covered the following issues:

    • Gentlemen's Bay access
    • St Heliers Bay flag pole - daily raising of the flag
    • St Heliers Anzac Day parade - commences at 9:45am on 25 April 2009.

    CARRIED

    14.2. COUNCILLOR ARMSTRONG

    Moved: Armstrong / Davis

    That the verbal report of Councillor Armstrong covering a range of matters relating to committees and working parties he has been involved in, be noted, which included the following issues:

    • § Regional governance
    • § Ten year plan
    • § Isthmus District Plan

    CARRIED

  15. Top REPORTS REQUESTED/PENDING AND ISSUES

    Moved: Davis / Roberton

    That the Reports Requested/Pending and Issues report be received and updated as appropriate, it being noted:

    1. that in respect of the planning application for the replacement boat ramp at St Heliers Beach, while the resource consent hearing papers have been pre-circulated, the Auckland Regional Council has advised that the hearing has been delayed pursuant to s37A(2)(b) of the Resource Management Act; and
    2. that in respect to Karaka Bay, the Board's Deputy Chair has provided an update in her report to the Board (refer to item 13.1).

    CARRIED

  16. Top GROUP ACTIVITY REPORTS

    An updated schedule of planning applications was tabled.

    [ATTACHMENT16A]

    Moved: Davis / Gunder

    That the Group Activity Reports to 31 March 2009 be received, it being noted that an updated schedule of planning applications was tabled.

    CARRIED

  17. Top EASTERN BAYS COMMUNITY BOARD GRANTS REGISTER

    Moved: Davis / Wallace

    That the Eastern Bays Community Board grants schedule from the Democracy Advisor for the period ending March 2009 be noted.

    CARRIED

  18. Top COMMUNITY BOARD ACHIEVEMENTS REGISTER

    Moved: Davis / Cooke

    That the Eastern Bays Community Board Achievements Register for the 2007-2010 Electoral Term be noted, and that the following achievements be added to the register:

    1. Bonnie Brae Playground and path small local improvement project (SLIPs) completed; and
    2. Receipt of the Best Practice Award at the NZ Community Boards Conference in the 'Working with Children' category for the worm farm small local improvement project (SLIP).

    CARRIED

  19. Top CORRESPONDENCE

    The letter from the Eastern Bays Community Board Chairman to the Chief Executive and the Chairman, Auckland Regional Council, dated 27 March 2009 regarding St Heliers Beach and Kohimarama "Swimming Only" signs was tabled.

    [ATTACHMENT 19A]

    Moved: Davis / Gunder

    1. That the inwards correspondence be received.
    2. That the outwards correspondence including the letter to the Auckland Regional Council be noted.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 8:40pm.