Referendum on transport funding, Development Auckland, SHA
Decision digest | Governing Body
27 August 2015
Referendum on alternative transport funding, Development Auckland and SHA notice of motion
A number of reports were presented and discussed at today’s Governing Body. The following is a digest of decisions made.
The agenda is available on Auckland Council’s website and minutes will be added once confirmed. This meeting was also webcast on the council’s website and items will be available on demand within 24 hours of the meeting.
Items 1- 5 were administrative items. There was no local board input or extraordinary items.
Item 6 Petitions:
Save Our Unique Landscape presented a petition relating to Cllr Casey’s Notice of Revocation.
They said that the council was not fully briefed on the cultural, historical and archaeological significance of the Oruarangi site when it made its recommendation asking the Governing Body to recommend to the Minister to revoke the SHA.
The GB received the petition from Save Our Unique Landscape and asked questions of their representatives.
Item 7: Public Input:
Te Warena Taua, Chair of Te Kawerau Iwi Authroity and Te Ahiwaru Iwi (Makaurau Marae Trust) addressed the Governing Body on the Special Housing Area in relation to 2 Oruarangi Rd, Mangere.
Item 10: Notice of Motion
Cr Cathy Casey had submitted a notice of motion to revoke a 2014 Governing Body decision recommending to the Minister of Housing that the 545 Oruarangi Road site be declared a Special Housing Area (SHA).
The land is privately owned. The former Manukau City Council designated the land as public open space which was appealed by the land owner. The Auckland Council and iwi defended the public open space position in appeals to the Environment Court in 2011 and 2012, but this was not upheld.
Rather than public open space, the Environment Court ruled that the land be zoned for future development and directed the council to make changes to the district plan. It is currently zoned Future Urban Zone.
The land owner requested an SHA at 545 Oruarangi Road and after assessment the Governing Body decided in May 2014 to recommend the Oruarangi SHA as one of 41 SHAs in tranche 3 to the Minister of Housing.
The legislation is specialised and of a limited lifetime which is designed to fast track land supply for housing and so doesn’t use the formal RMA process.
The Council recommends to the Minister of Housing land for SHAs and the Minister then makes decisions to declare areas as SHAs.
The Oruarangi land has been declared by Order in Council to be an SHA. As a matter of law, the council cannot revoke an Order in Council declaring any area a SHA. Only the Minister can recommend the revocation of an SHA on the basis that it no longer meets specific criteria in the Housing Accords andSpecial Housing Areas Act 2013.
The Minister would need to be satisfied that:
• Adequate infrastructure to service qualifying developments no longer exists or will not exist.
• There is no longer evidence of demand to create qualifying developments in specific areas
• There will no longer be demand for residential housing in the SHA
The Minister has advised he does not have any information to justify revoking the SHA. The Governing Body voted 12-5 not to recommend revocation.
Item 11: Development Auckland – confirmation of prior approvals
The report recommends that the Governing Body confirms that all delegations, authorisation and approvals previously given by council to ACPL and Waterfront Auckland apply to Development Auckland.
Development Auckland will be established by a ‘short-form’ amalgamation under the Companies Act 1993.
Under this amalgamation, and as a matter of company law, all property, rights, powers, privileges, liabilities and obligations of ACPL will succeed to Waterfront Auckland. Waterfront Auckland will be renamed Development Auckland.
There was no discussion and the Governing Body voted to accept the recommendations.
Item 12: Referendum on alternative transport funding working party – report back
On 25 June 2015 the Governing Body appointed Councillors Wood (chair), Casey, Darby, Krum and Wayne Walker to a political working party tasked with investigating the possibility of a referendum on alternative transport funding held in conjunction with the 2016 elections.
The working party considered issues of costs, timing and the importance of holding a proper information campaign.
The Auckland Council and the Government have also agreed to establish the Auckland Transport Alignment Project (ATAP) to improve alignment between the parties over the way Auckland’s transport system should develop.
The working party concluded that holding a referendum with the 2016 local government elections is not suitable.
The working party also requests further advice on options for public engagement on alternative transport funding once the Auckland Transport Alignment Project has been completed.
The Governing Body voted to accept the recommendations.