Super City Select Committee submissions workshops Thursday 4

Super City Select Committee submissions workshops Thursday, 4 February Presentation by Rob Thomas

Introduction Workshop to assist community groups and individual citizens make submissions to the Select Committee on Auckland's Governance. This is a non-partisan community event to encourage community participation in the decision making process. Ø Background to the Local Government (Auckland Law Reform) Bill 2009 Ø How to make a submission on the Bill? Ø Facilitated brainstorming with your group Presentation by Rob Thomas

Background Current structure PK RD MK City FR Ø Regional / Local decision making Ø Regional services and assets ARC WT City Current challenges Ø Environmental - global warming Ø Social - population growth Ø Economic - competitive city NS City AK City Community Boards “Regional issues get tangled up in the competing interests of local councils” “to create a common identity and purpose for the region” - Auckland Council Bill - Royal Commission Presentation by Rob Thomas

Background 1) Consultation In 2008, received over 3, 500 submissions and 550 verbal submissions. 2) Royal Commission recommendation (25 March 2009) Ø Auckland Mayor Ø 23 Councillors (three Maori seats) Ø Auckland Council Ø Six Councils with local services Ø Local Boards Waiheke & Hauraki Gulf “building on existing institutional arrangements where possible. ” “result in a loss of local democratic voice” and “poor alignment between some functions” - Royal Commission - Auckland Council Bill Presentation by Rob Thomas

Background 1 st Bill - Local Government (Auckland Council) Act 2009 2 nd Bill - Local Government (Tamaki Makaurau Reorganisation) Act 2009 These Acts established: Auckland Transition Authority The Agency will manage the transition from the existing seven territorial authorities and one regional council. Local Government Commission The Commission will determine the boundaries, powers and functions. Auckland's Governance Laws Creating one Auckland Council and its local boards Presentation by Rob Thomas

Background 3 rd Bill - Local Government (Auckland Law Reform) Bill Third and final Bill - split into seven parts ØPart 1 – Transitional Amendments Reorganisation ØPart 2 – Governance of Auckland Council * ØPart 3 – Amendment to other Bills ØPart 4 – Transport Management * ØPart 5 – Water Supply and Wastewater * ØPart 6 – Spatial Planning * ØPart 7 – Maori of Tamaki Makaurau * Presentation by Rob Thomas

Background Part 2 – Governance of Auckland Council ØThe power to rate, create by laws, borrow money, purchase or dispose of assets (Section 32) Ø The Auckland Council is prohibited from selling, transferring or otherwise disposing of property before 1 July 2012, unless outlined in current long-term Council Community Plan. This includes Council Controlled Organisations. (Section 62) Ø All regional council policies are adopted into the Auckland Council, until it expires or is revoked. The Auckland Council must confirm or revoke it before 31 October 2015 (Section 95) Presentation by Rob Thomas

Background Part 2 – Governance of Auckland Council cont. . Local Boards Ø The Auckland Council must adopt a local board funding policy (Section 13 F of the Local Government (Auckland Council) Act 2009) Ø Must communicate with the community (Section 13 of the Local Government (Auckland Council) Act 2009) Ø Must undertake any responsibilities or duties delegated (Section 13 of the Local Government (Auckland Council) Act 2009) Ø Governing body can delegate duties to local boards (Section 31) Ø Local Boards can propose a by-law (Section 16) Ø Targeted rate for all or part of an area (Section 31) Ø Fees and charges relating to an area, any other revenue connected with a local area (Section 31) Presentation by Rob Thomas

Background Part 4 – Transport Management Ø Auckland Transport system includes roads, public transport services, public transport infrastructure. However, it does not include state highways, railways, off-street parking and airfields (section 37) Ø Auckland Transport is a Council Controlled Organisation (section 38) Ø Undertake any other transport functions that the Council may lawfully direct it to exercise or delegate to it (section 41) Ø Board of directors of which 2 may be Councillors, and 1 non-voting director nominated by NZ Transport Agency (section 45) Ø Must not borrow funds without Auckland Council permission (section 47) Presentation by Rob Thomas

Background Part 5 – Water Supply and Wastewater Ø All assets, liabilities, rights, delegations and other relating to water supply or wastewater services transferred to Watercare Services Limited (section Ø Must manage its operations efficiently with a view to keeping charges for water supply and wastewater services at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets (section 49) Ø Must not pay any dividend or distribute any surplus in any way, directly or indirectly, to any owner or shareholder section (section 49) Ø Can propose bylaws to the Council (section 50) Ø Must consult on proposed bylaw (section 51) Presentation by Rob Thomas

Background Part 6 – Spatial Planning Ø Spatial plan will set out the 20 -30 year strategic plan for Auckland (section 49) Ø Designed to combine regulatory planning (section 49) Ø The Auckland Regional Council Plan and Regional Growth Strategy remain in effect. No effect once the Council adopts the spatial plan (section 66 of the Local Government (Auckland Council) Act 2009) Presentation by Rob Thomas

Background Part 7 – Maori of Tamaki Makaurau Ø Establishes a board whose purpose is to promote cultural, economic, environmental, and social issues of significance for mana whenua and Māori of Tamaki Makaurau (section 67) Ø The board must appoint a maximum of 2 persons to sit on each of the Auckland Council's committees that deal with the management and stewardship of natural and physical resources (section 70) Ø If the Auckland Council asks the board to appoint a person or persons to any other of the council's committees, the board may do so (section 70) Ø The Auckland Council must take into account the board’s advice (section 73) Presentation by Rob Thomas

Background Local Government (Auckland Council) Bill 2009 Ø December 2009 - Enactment of third Bill Ø 12 February 2010 - Submissions close Ø 22 February 2010 - Hearings start Ø 1 March 2010 - Decision Wards / Local Boards areas Ø 17 September 2010 - Voting commences Ø 9 October 2010 - Preliminary results Ø 1 November 2010 - Establish new structure Presentation by Rob Thomas

Public issues Ø Determining ward boundaries (communities) Ø Maori seats on the Auckland Council Ø Youth participation ( more than 30% population) Ø Sale of Assets Ø Privatisation of Watercare Services Ø Responsibility of local boards (delegation) Ø Funding for local boards (local projects) Ø Resources / funding for community groups Presentation by Rob Thomas

What is a select committee? Ø Appointed by the House of Representatives to undertake the detailed work Ø Membership reflects the balance of parties in the House Ø Allows the public direct input into the parliamentary process Why make a submission? Ø Present your opinions, observations, and recommendations Ø Your chance to shape the laws that affect you Presentation by Rob Thomas

Making a submission Ø There is no set format for making a submission Ø Generally submissions are written and/or verbal Auckland City Youth Council’s submission on the Ocean’s Policy, August 2001 Presentation by Rob Thomas

Writing a Submission Your submission does not have to be a technical masterpiece, it is meant to be about your concerns in your words There is no set format, it’s up to you how you formulate your submission: your main objective is to write something that states your case clearly and holds the Committee’s attention The most magnificent submission will count for nought if you don’t make the deadline, so get something on paper first, then worry about perfecting it: an imperfect submission is infinitely more useful than none at all so make sure you submit by the deadline even if you aren’t absolutely satisfied with every aspect of it (you can always elect to appear in person and add further clarification or emphases then) Presentation by Rob Thomas

Who is your audience? Ø Select Committee members’ caucuses Ø The general public (attending the Committee hearings, via media present at hearings, and through publication of the Committee’s findings) Respectful and well-reasoned submissions will always be received better than terse, rude or garbled submissions Presentation by Rob Thomas

Possible Structure • Your organisation (what you do, your achievements, what benefits to provide to community and Government, what political pressure you can mobilise – in short, why they should listen to you over the hundreds of other voices) • Broad outline of concern • Specific concerns (substantiated by references to clauses in the Bill, your experiences, observations or arguments, or reference to other sources) • Suggest remedies or ways by which your concerns might be alleviated Keep it focussed – consider ‘farming out’ submissions on topics that may dilute the focus to friends and family if necessary. Both focus and the number of submissions are important. Presentation by Rob Thomas

Summary Ø Submissions due Friday, 12 February Ø Post two copies of submission to Clerk of the Committee, Auckland Governance Legislation Committee, Select Committee Office, Parliament Buildings, Wellington Ø Make a submission online http: //www. parliament. nz/en. NZ/PB/SC/Make. Sub/6/3/a/49 SCAGL_SCF_00 DBHOH_BILL 9729_1 -Local. Government-Auckland-Law-Reform. htm Ø Hearings in Auckland start the week of 22 February Presentation by Rob Thomas

Facilitated brainstorming Split into groups and generate a high volume of ideas. Rules Ø Create a process that is free from criticism and judgment Ø Get everyone involved and build on each others creativity Process Ø Make time for brainstorming Ø Specific concerns Ø Suggest remedies Presentation by Rob Thomas

Helpful references Ø Local Government (Auckland Law Reform) Bill 2009 http: //www. legislation. govt. nz/bill/government/2009/0112/22. 0/DLM 2635005. ht ml Ø Guide on making a submission http: //www. parliament. nz/NR/rdonlyres/6092 F 83 E-CE 78 -4 C 66 -A 50 ACC 4490 DC 9034/103478/makingasubmission 2007_1. pdf Ø Legislation Direct Phone 04 568 0024 Presentation by Rob Thomas

CONTACT DETAILS Rob Thomas rob@robthomas. co. nz www. robthomas. co. nz Presentation by Rob Thomas