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Mike Lee starts a blog

ARC Chairman Mike Lee has started a blog, in the run up to the Super City elections where he’s standing in the Waitemata and Gulf Ward for the Auckland Council.

The blog has backdated some interesting posts, and also has a great little piece on why Steven Joyce is a bit of a hypocrite asking for local politicians to be more cautious with their rail promises – while he goes and blows a billion and a half dollars on a holiday highway.

Has Banks given up on public transport?

In recent times I have been very pleased to see that all the main mayoral candidates for the Auckland Super City appear to support significant investment in upgrading public transport in Auckland, most particularly in the widespread enthusiasm for big ticket projects like the CBD Rail Tunnel and rail to the Airport (although I have noted that a North Shore Line might be a step too far at the moment). An article in the NZ Herald today, which reports on a mayoral debate at Auckland University last night, suggests that perhaps John Banks is going to break away from his previous commitments to rail projects.

There are a few relevant extracts, starting with this:

John Banks has cast doubt about his commitment to rail and other major projects in Auckland after accusing his Super City mayoral opponent Len Brown of “ticking off $40 billion of spending”.

“I’m going to hold your rates affordable, I’m not going to promise you six lanes under the harbour, airport links … building this and putting money into that.

“We simply cannot go on in meetings like this and recklessly buy votes and treat you like an ATM machine,” Mr Banks told several hundred people at Auckland University last night.

In the first real testy exchange of the campaign, Mr Brown said he was surprised to hear Mr Banks no longer supported rail to the airport, an inner-city rail tunnel and rail to the North Shore after “parroting” his own support for the three projects until now.

While I certainly agree that we need to ensure the rail projects being proposed are realistic and cost-effective, there is potentially plenty of money available for projects such as the CBD rail tunnel: we just need to have it redirected away from projects that are a waste of money.

The Herald makes a link between Banks’s “change of heart” on large-scale public transport projects and comments made last week by Transport Minister Steven Joyce:

Mr Banks’ comments about major projects follows a suggestion by Transport Minister Steven Joyce last week that the rail expansion hopes of mayoral contenders were linked to the “lunar cycle”.

Mr Joyce told an infrastructure conference that a $1.5 billion central city rail tunnel was “the only serious major project worth considering in the foreseeable future for Auckland commuter rail – and even that’s a big commitment”.

Last night, Mr Brown dismissed the minister’s message, saying Auckland had the opportunity with the Super City to work with the Government to complete the tunnel, rail to the airport and the North Shore over the next 10 to 15 years.

It would be really sad if there is a link between Joyce’s comments and Banks’s “about-turn”. In my opinion one of the biggest advantages of the Super City will be giving Auckland a stronger voice when it comes to negotiations with the government. It’s fairly common knowledge that Auckland has chipped a lot more into general government coffers than it has got in return over the years, and while some of that is justified, with much of New Zealand’s future population growth occurring in Auckland, I think we have a pretty good argument to get a pretty massive chunk of new infrastructure spending. Having a mayor who’s going to argue Auckland’s case, not one that buckles to the wishes of central government, is essential in my opinion.

Now I’m not saying that this is the reason why Banks seems to have gone cold on public transport all of a sudden, but it does seem like an interesting coincidence.

The article goes on:

To another question about the environment, Mr Banks drew boos when he said “we have to complete Auckland’s motorway network”.

“We have to get people out of cars and into integrated public transport but we also have to fix Auckland’s motorway network otherwise we will continue polluting Auckland,” he said.

Oh dear, not the old fallacy that building motorways reduces pollution. Building roads encourages more people to drive, which encourages more pollution. Congested traffic might emit more per car per kilometre, but generally if you have free flowing traffic you end up with more cars and more kilometres.

If Banks really does no longer support advancing these big public transport projects it would be really disappointing.

Mayoral candidates on CBD rail tunnel

On the TV programme Q+A this morning there was a debate between the three main candidates for the job of being mayor of the Auckland Super City. You can watch the debate here, or read through the whole transcript of it here.

What I found particularly interesting is the discussion on the CBD rail tunnel, and I have included the parts of the debate relevant to that topic below. For reference, Paul is interviewer Paul Holmes, John is Auckland City mayor John Banks, Andrew is North Shore City mayor Andrew Williams and Len is Manukau City mayor Len Brown:

PAUL Now, let’s talk about the inner-city loop, because this is where all trains come into Britomart. We knock the back wall down on the Britomart, and then we build an underground loop that takes us all around Auckland.

ANDREW And a cross-harbour tunnel to go to the North Shore.

PAUL No, let’s talk about that shortly. That’s another big one, Andrew. But this inner-city underground loop, I understand the hope is that 370,000 Aucklanders can be delivered within the CBD in 30 minutes. All of you want this? All of you are on the same page?

ANDREW and LEN AGREE

JOHN I don’t have a problem with that.

PAUL The government has a problem. The government won’t pay the one and a half billion. So how are you going to get it off them?

JOHN Advocacy. For the first time in history. For the first time in history, one council, one mayor, one voice, one song sheet and a big lobby group to Wellington. We can do it. But it’s not going to be about these issues, Paul. This election is going to be about who is the best-qualified candidate to deliver on the vision with affordable progress, with the most experience around consistent, decisive leadership.

PAUL And the way you will be judged on that is do we the have inner-city loop and do we manage to get it? Do you have the leadership to get that? Len Brown.

LEN That’s exactly right. So it’s just not about rates. It’s just not about taxes. It’s also about the possibility of us issuing significant infrastructure bonds. It’s also about us considering whether or not this is an appropriate project. And other appropriate projects for PPPs.

PAUL Ah, yes, I know. And you’re not opposed to those?

LEN No, I’m not. I’m comfortable for us to go through that process and look at those as one of the four alternatives.

PAUL What I’m asking you— Hang on, Andrew. What I’m asking you all is how you’re going to get the $1.5 billion off Steven Joyce, who doesn’t think he’s got the money.

ANDREW Paul, in the last 15 years, Auckland received $3 billion in its fuel taxes when it gave the government $7 billion in fuel taxes. We were $4 billion underfunded. It’s time that Auckland got a lot of that funding back. And so what we’re doing now— and we’re getting $900 million a year this year from the government. Five years ago, we were getting $50 million for Auckland transport. Finally the ledger is coming right. We’re getting the spending here. And it will happen. But we will have to have private-public partnerships to do, for instance, the cross-harbour tunnel.

JOHN Fixing the train set is critical. We push 18 trains an hour in and we pull 18 trains an hour out of the Britomart. This will give us 36 trains running up Albert St and back to Mt Eden. The train set will work with double tracking, modern rolling stock and electrification. It can be built with economic infrastructure bonds. $600 million has been lost – 600 million – by the people and their savings in shonky finance companies. We can put all of that money into economic infrastructure bonds to build Auckland, where the seniors have their money safe, they get a good return and they’re doing something great. They’re building a greater Auckland.

LEN So, Paul, it’s not just about the issue of credibility. It’s about the issue of trust and believability. Who does Auckland actually believe can deliver on these projects? Who has had strong focus? For example, in Manukau, we have at last the first extension…

ANDREW They’ve got a lot of bus lanes in Manukau.

LEN …to suburban rail in 73 years. So this is about believability and trust. Who do we trust to hold our public assets?

There are a few interesting issues raised above, but perhaps the most crucial thing to note is that all three seem to agree that this project is desperately needed – which is a fantastic step forward. Of course it’s all very easy to support a project when you don’t need to pay for it, but as John Roughan noted in a Herald article yesterday, the Super City mayor is going to be a very very important person, not someone that the government can simply ignore when it comes to their transport demands.

The big question still remains though – who’s going to pay for this? Or more precisely, how will it be paid for, as $1.5 billion is a lot of money.  The idea of infrastructure bonds, which both Len Brown and John Banks appear to endorse, it not necessarily a bad idea – as it takes central government somewhat out of the picture – but in the end those bonds are council debt. Furthermore, as it is likely a large chunk of the benefits of the CBD rail tunnel will be to road users, in the form of reduced congestion (at least in terms of how NZTA calculates project benefits) so therefore it seems logical to me that road users, through NZTA, should pay for a big chunk of the project’s cost.

Perhaps one of the best lines in politics though is “talk is cheap”. It’s easy for politicians to promise rail to the airport and rail to the North Shore (even though the Shore has a pretty brand new busway, go figure) when they expect the government to foot the bill.  But what would actually be more insightful is finding out which politicians will oppose the holiday highway because it’s poor value for money (and the money saved on that project could construct the CBD rail tunnel), which politicians would support the expansion of bus lanes (well sign-posted of course) to improve public transport cheaply and quickly for the 80% of PT users who catch the bus? Which politicians will have the guts to say “hey, the North Shore has a decent busway, the southeast of the city doesn’t have anything” and prioritise a southeast RTN rather than a North Shore railway line (which the RLTS didn’t think was needed until 2040)? Which politicians will put a stake in the ground and guarantee that the Waterview Connection is the last motorway ever built in Auckland?

That’s what I’d be interested in finding out. I’m pretty sure it isn’t John Banks, especially on the holiday highway issue.

Join CBT and hear John Banks talk on transport

Tonight at 7.30pm the annual general meeting of the Campaign for Better Transport is being held at the Grey Lynn Community Centre, 510 Richmond Rd. The CBT is a politically neutral lobby-group for transport issues in Auckland and elsewhere in NZ, and has had many successes, like the Onehunga Line, rail electrification and so forth.

Before the AGM, Auckland City Mayor John Banks will be giving a talk and answering some questions about transport issues. The meeting is open to all CBT members, although you can join on the night for a $20 yearly membership fee.

Farebox recoveries & transport emissions

An interesting question time today in parliament discussing the implication of farebox recovery ratios, the emissions trading scheme and so forth.

The transcript is available to read here. Did Joyce really say that forcing people from public transport into their cars will decrease transport emissions?

Gareth Hughes: If fewer people take trains and buses and instead drive their cars, will this increase or decrease our greenhouse gas emissions from transport?

Hon STEVEN JOYCE: Obviously it would decrease them, but I think the member is arguing against the emissions trading scheme with that question. Presumably as a member of the Green Party he seeks to see the emissions trading scheme introduced to raise the cost of fuel to encourage people to use more public transport. To suggest that that will somehow reverse the situation is, I think, unfortunate logic.

Crikey I didn’t mishear it. I think Gareth Hughes wondered if it was a clip of the tongue from Joyce, but seemingly not:

Gareth Hughes: Did I hear the Minister correctly just then? Does he believe that if fewer people take trains and buses and instead drive their cars, it will decrease our greenhouse gas emissions from transport?

Hon STEVEN JOYCE: It all depends on the fuel efficiency of their cars, I would have thought. The emissions trading scheme is designed to encourage fuel efficiency. We have continuing improvement in fuel efficiency in this country. If the member believes that he will solve the world’s problems by shifting people away from their private forms of transport permanently on to public forms of transport, I say that I genuinely think he would be better to focus on improving fuel technologies and improving the fuel efficiency of private vehicles, as this Government is doing.

Oh goodness not the good old “electric cars will save us” argument.

Gareth Hughes on Transport

Green MP Gareth Hughes’s speech on the 2010 budget:

This bit is particularly good:

“Just one more win, and then I can finally quit.”, “Just one more motorway, then we can relieve congestion and finally stop building them.” But one motorway leads to another, then another, until we are building motorways to solve the problems caused by the other motorways.

This guy is really onto it.

Len Brown’s CCO Plan

With all the hoopla surrounding the various piece of legislation that are leading to the creation of the Super City in Auckland, it’s easy to forget that the election is only a few months away now, and in less than six months we’ll be living in the “brave new world” of a single-council Super City. While my general political persuasions are centre-left, I am keeping a relatively open mind about who I plan to vote for in the upcoming elections, largely because aside from the mayoral candidates I don’t really know who my options will be.

Turning to the mayoral candidates, it is interesting to read Len Brown’s (current Manukau City mayor) reaction to the select committee’s report on the Auckland Law Reform Bill, and how he plans to hold the CCOs accountable. Here’s his statement on the matter:

Manukau Mayor Len Brown will strengthen the accountability and openness of Auckland Council’s council controlled organisations (CCOs) should he be elected mayor.

“There is still considerable community concern over the establishment of CCOs. If I am elected mayor I will make sure they work in the interest of local communities,” says Len Brown.

Len Brown is proposing making sure the Auckland Council’s CCOs are effective and are held accountable for their performance through:
• rigorous statements of intent that include key performance indicators,
• regular monthly meetings with the mayor,
• open lines of communication,
• the publication of board agendas prior to meetings and, unless absolutely necessary, the requirement for boards to hold open meetings and publish draft board minutes as soon as practically possible after the meeting.
“I disagree with the establishment of the Transport CCO because I’m not confident it’s the best structure to run out the mayor and council’s vision for transport. I will, therefore, call for a review of the statutory Transport CCO after two years if I am not satisfied it is working well, with the option of promoting legislation to amend or repeal it.

“My experience of CCOs in Manukau has been positive because we have paid a great deal of attention to putting good governance mechanisms in place. The community is right to demand high standards of performance and ultimately we, the Council and principle shareholder, will be held accountable to the public.

“The Auckland Council has the power to appoint the directors, the chair and the deputy chair of each CCO. I intend to make sure these people are appointed on merit and are committed to working in the interest of local communities.

“I disagreed with the government appointing initial directors, but I don’t believe the best way for the Auckland Council to get off on the right foot is to start firing directors. However, it is important that the people who are appointed retain the confidence of the full council.

“I will make sure the Auckland Council and/or Local Boards have the final say on CCO bylaws and activities that will have a significant impact on local communities and I’ll ensure all CCOs give effect to the Spatial Plan and other Auckland Council plans and policies.

“In the end we need leadership to make sure the supercity changes work for local communities. It’s up to Auckland now.”

Clearly, he has cottoned on to the fact that it will be up to the Auckland Council to require the CCOs to operate in public, rather than that being set by the legislation. I like the plans he has for ensuring accountability and transparency of Auckland Transport in particular, although I would add a suggestion that the Auckland Council retain a number of transport qualified staff so that there can be better land-use planning and transport integration. I also like the idea of reviewing how effectively Auckland Transport is working after two years, and if it’s found to not be working, putting together a Bill to parliament to ‘bring it in-house’. Reviewing whether such a big change has actually had good results or bad results is a sound idea.

While in the past I have somewhat egged on the council to completely fire the board of Auckland Transport on day one of the council, now that it would seem the mayors will have a role in helping to choose these directors, I think that it’s sensible for Len Brown to state that it would be a bit silly to fire the lot on day one. However, if the directors do end up being “Steven Joyce lap dogs” (which is a bit of a worry I have) then I would absolutely expect the council to get rid of them so that Auckland Transport actually does what Auckland Council, not the Minister of Transport, wants.

A lot of people have commented that while Len Brown seems like a great guy, they’re not so sure there’s the experience, deep knowledge of how things work and ultimate toughness for him to take on the job of “super-Mayor”. The way he plans to hold the CCOs to account indicates that he may well have what’s necessary for the job. I wonder what John Banks’ plan for the CCOs is.

Supercity Bonus?

While the Supercity is shaping up as a anti-democracy nightmare, one side effect is we may see the back of some of the transport dinosaurs who spread misinformation about Auckland’s transport system, such as Rodney Mayor Penny Webster who made the news earlier this week moaning about opposition to the “Holiday Highway”. So I dug back into Penny’s past and found her speech to the ACT conference in 2001 and want to deal with some of the, ahem, inaccuracies she clearly believes.

Whatever the reason for their ill-conceived crusade, each person in the anti-road movement has the same fear.  They are scared of cars because automobiles allow individuals to make their own decisions. Car drivers can turn left or right, they can travel for miles or stay in the city, they can live out and commute in or live in and commute out. Planners and politicians can’t control them.

What crap. The point so easily lost on Penny and others of her ilk is this; 1 car per family: an economic miracle, 4 car per family: an economic disaster, give people no other option, or a far poorer option, and they are effectively forced to have a car and drive, which leads to my second point.  How can consigning (by design) everyone to travel the same way, via automobile, be a position a so called “freedom loving”  politican supports when it may not be the best option for them or their family (or affordable)? What about the elderly, those too young to drive, the disabled and those living in poverty, should they be consigned to transport irrelevance?

Auckland’s transport costs $3 billion every year.  One billion of that is straight transport costs – fuel, wear and tear. Another one billion is caused by land escalation costs including servicing for densified housing, subsidised by ratepayers.

I almost went cross-eyed at this one, the infrastructure costs of low-density housing are much higher, the evidence for this is overwhelming, in fact Joshua (admin) did his thesis in part on this very phenomenon. Makes sense doesn’t? Lots of long thin water pipes are more expensive than shorter wider ones, ditto electrical grids, roads, footpaths, etc. And this person is a Mayor? I feel sorry for Rodney residents.

Forty-five years ago, the first plan for the completion of the Auckland road network was launched.  We are no closer today to a satisfactory solution.

I actually agree with what she says here if not the sentiment, because guess what, an unsatisfactory plan leads to an unsatisfactory outcome. She might like to read the CBD rail tunnel based proposal of a year earlier which was less than 1/4 the price.

There is no evidence that the current growth strategy and transport planning for Auckland, with its heavy investment in public transport, with no effective policies to address the current congestion issues, will provide the transport infrastructure the city needs to achieve the well‑being of the community.

Oh dear, only an ACT politician could call less than 20% of monies going into the PT system “heavy investment”.

Auckland is a de‑centralised city with both residential and non­home destinations widely dispersed. It’s a typical young, modern city that has developed in the car and transport age. As a result, it would be very hard to get up to 20% public transport use because of the limited number of people who work in the CBD. In Auckland, only 12% of employment is in the CBD. A further 22% work in ten other centres, but each area only contains about 2% of employment, while the remaining 66% of work trips are dispersed elsewhere in the region. So, it’s difficult to get a concentration of work trips along any of the corridors. You’ll very likely only get a high proportion of public transport where the public transport has a separate corridor and there is very heavy congestion on the roads. However, once you’ve got this heavy congestion, the adverse effects on the economy of the region make this an undesirable situation.

This I want to deal with as it is one of the big whoppers regularly told about Auckland’s transport. Auckland developed around the tram and the railway, not the car. The oldest and most desirable parts of the city today are those that developed close to train station or on both sides of a tram route. Saying we can’t even aim for 20% PT mode share is crazy considering that up until 1954 over 66% of trips in the Auckland region were taken by public transport, walking or cycling. The active destruction of the PT system after 1955 is the reason our CBD collapsed (surrounding it with the biggest motorway junction in Australasia didn’t hurt) and investment in the separate corridors of PT she talks about is the only way it will regenerate and become a fantastic place for people and businesses again. Remember Melbourne has been able to double its CBD job share in 10 years. Finally Penny needs to accept that unless you have a PT system that caters for the majority of trips, you are going to have congestion during peak times, cars are flexible, sure, but inefficient at moving large numbers of people in peak times. An effective public transport system is hard, it takes good political organisation and great planning, responsible budgeting and investment but when it works well it is worth it’s weight in gold.

It’s often implied that alternatives to road transport are benign with no adverse effects. In practice, the noise from rail can be as disruptive as that from motorways and accidents from public transport are not much different from road transport.

This is simply not true, the London tube and Auckland roads have a similiar number of trips taken on them per year (just over a billion), while the tube has approximately 4 deaths a year and Auckland’s road’s 80.

Public opinion reveals that while drivers approve of better public transport for others, the reality is that they themselves won’t be abandoning their cars in a hurry.  Studies overseas have shown that enticing people out of their cars and onto public transport does not work.  Recent New Zealand Automobile Association figures show that in 1986 fifteen percent of people travelling to work used public transport, and in 1996 this had dropped to seven percent.

The Northern Busway really proves her point here, doesn’t it? And talking about dropping figures in the 80s and 90s despite enticements? My word what enticements were these? Abandoning public ownership, fair fares, planning, integration, frequencies and investment?

I really could go on all day. As a right wing commentor said to me another blog, “It doesn’t seem to pass the common sense test”, I agree and hopefully one positive side effect of the Supercity reforms is we may see the back of leaders such as Penny who lack common sense. If she stands for the Rodney Council seat don’t vote for her if you ever want to see an effective transport system in Auckland.

Her full speech is here. I advise you to read it sitting down and it might make more sense if you drink heavily first.

Super City structure still unfair

The Local Government Commission has today released its finalised findings for what the details of the boundary of Auckland’s Super City should be, the boundaries for the various wards and the boundaries of the various local boards. Back in November their draft plans got absolutely panned for being unfair, unrepresentative and – at worst – appeared like blatant gerrymandering.

The main cause of all this angst was that the Local Government Commission were meant to ensure that no ward boundary was over or under represented by any more than 10%. This means that in determining the make-up of the future Auckland Council, whether my vote living in one part of the city was worth approximately the same as someone’s vote living elsewhere in the city. At their first crack, the LGC did a shocking job, and a huge number of the wards were vastly over or under represented. Submissions hammered them for this, as they acknowledge themselves:

We received a number of submissions on councillor representation and particularly the variation in fair representation ratios between the proposed wards. We agree that fair representation is very important. Consequently, while still providing for effective representation of communities of interest, we have made adjustments to ensure wards now more closely comply with the ‘+/-10% fair representation rule’. We believe this will assist achievement of our objective of public understanding of representation arrangements and help promote effective community engagement.

But have they really made things that much better? I don’t think so, and if you have a look at the table which details how under of over-represented each place is, there are still a large number of areas that fall outside that 10% threshold.

March 2010 final version:

The important column to look at is the one on the right, showing the deviation from the average population per councillor. Out of the 13 wards to be created, no fewer than six have a deviation of greater than 10%. That’s almost half of them. The table below shows the November proposal, and you can see that there have been some improvements, but really it’s still outrageous that 80,000 people in the Waitemata and Gulf Ward are only represented to the same extent that 54,000 people in the Rodney Ward are. That’s not fair democracy.

November 2009 draft version:

Some of the other changes that have been made make some sense. Orakei has been split off from Tamaki-Maungakiekie, and thankfully the central Auckland ward has been renamed from Mangawhau to Waitemata and Gulf. It seemed insane for it to be called Mangawhau (Mt Eden), when Mt Eden wasn’t even in it!

However, in general I still think the LGC have done an incredibly lousy job here. How hard can it be to ensure equal and fair representation across the different wards? What’s stopping them from shifting another 5,000 people from Manukau into Manurewa-Papakura to even up those two wards? What’s stopping them shifting more of Waitakere into Albany (some has been shifted) to ensure that those match up more evenly. I realise that some effort has gone into ensuring that the boundaries match “communities of interest”, but I actually think that’s far more important for the local boards than for the wards. The ward boundaries are about democratic equality, and the way they’ve been established is not fair.

Furthermore, if you look at the areas that are over-represented and under-represented it would seem there’s quite a political bias (Orakei excepted). Which is very worrying and suspicious.

The Local Government (Auckland Law Reform) Bill

Auckland’s Super City is being established through three different pieces of legislation. Two of those – the Local Government (Tamaki Makaurau Reorganisation) Act and the Local Government (Auckland Council) Act – have already been passed into law. The third piece of legislation, the Local Government (Auckland Law Reform) Bill, is currently open for submissions, until February 12th. Making a submission is actually really easy, as you can now do it online. I’m not sure whether I will end up making a submission, but I do certainly have a few issues with the legislation as it currently stands – particularly in terms of the details about how it establishes the “Auckland Transport Agency”, which will be the successor to ARTA and the transport departments of the various current councils.

Part 4 of the Bill creates the Auckland Transport Agency as the “Council Controlled Organisation” (CCO) that will manage quite a lot of the transport system within the Auckland Region, once the Super City is established in October this year. Perhaps the key statement there is “quite a lot” of the transport system, rather than “all of it”. As I explained in a previous post, there’s actually quite a lot that the Auckland Transport Agency will NOT manage. This is outlined in section 37 of the Bill:

Perhaps what is most critical here is that the transport system under the management of the Auckland Transport Agency will not include railways or state highways. It’s not necessarily surprising that the government has refused to give up sole control of the railways and state highways, but I think it undermines attempts to create a truly “integrated” transportation system. I would have perhaps preferred some sort of “joint venture” agency to manage everything the Auckland Transport Agency will, plus the state highways and railways (jointly with NZTA & KiwiRail). Such an agency would have allowed for true integration, but instead we’re still going to have a variety of different agencies and entities managing transport – unfortunately losing much of the benefits that the Super City could bring.

I suppose that the obvious result of creating the Auckland Transport Agency is that they are doing this job rather than the Council. To ensure that Council can’t get involved in transport matters, we have section 43:

Now obviously we wouldn’t want the Auckland Council to establish their own “rival” transport agency, so this section is necessary. However, it just hammers home how this Act takes transport out of control of the Auckland Council and into the control of an agency that is quite separate from the Council. At first I thought this was a good idea, but now I’m worried that this might just be a way for the government to get around the current difference of opinion between itself and many local politicians on where the focus for transport spending should be.

The Green Party appears particularly suspicious about what this decision to put transport into a “CCO”, rather than leaving it in the hands of the Auckland Council means, with Sue Kedgley making the following comments in her original speech on the Auckland Law Reform Bill:

If members look at the Auckland transport one [agency], members will see that it will run every aspect of Auckland’s transport. It will run the electrification of the Auckland rail network and integrated ticketing. The only aspect left for the Auckland Council to manage is off-street parking facilities owned by the council. The Auckland Transport Agency will have the powers and functions of a local authority. It is to act as if it were a regional council. It can make by-laws, it is a requiring authority, it can seize property, and with all of these functions, it will be run by unelected and unaccountable directors.

One of the most critical aspects of this bill is a clause that states that councillors are prohibited from exercising any powers or functions that the Minister has conferred on to the council-controlled organisations. So councillors will be prohibited under this bill from exercising any of powers or functions that are being undertaken by, for example, the Auckland transport council-controlled organisation.

We have these mayors running around Auckland saying they want to be elected as mayor to fix Auckland’s transport problems. The only trouble is they will have virtually no powers to do anything to influence Auckland transport. All they will be able to do is bang the table in frustration because they will not have the powers to make the changes they want.

If they want to get involved in the debate on electrification of rail or on integrated ticketing, which are some of the most important issues facing Auckland, all they will be able to do is sit around banging the table in frustration and impotence because the Crown-owned companies will have all of the authority to implement policy in every aspect of water, of transport, and other issues.

I guess it’s worthwhile to point out that the rail electrification project isn’t actually something that would be under the auspices of the Auckland Transport Agency, but rather KiwiRail/Ontrack – as it’s a government project. However, much of the rest of what Sue Kedgley says is very true – that there is going to be such a divide between the Auckland Council and the Auckland Transport Agency that even though future members of the Council, including the quite powerful mayor, are likely to want to “do something about transport” as a matter of urgency, it seems fairly likely that they will struggle to do so.

The main way in which the Auckland Council will be able to affect what the Auckland Transport Agency does is through the fact that the Council is the sole shareholder of the Transport Agency, and has the ability to appoint all its voting directors. The board of the Auckland Transport Agency is supposed to make all the important decisions the Agency will have to make, as outlined in section 45 of the Act: Schedule 2 of the Act outlines the process for the appointment of the directors, and does indeed state that the Auckland Council will appoint these directors. However, there’s an interesting part of an earlier part of the legislation which details how the initial directors of the Auckland Transport Agency will be appointed. The very lengthy Clause 24 makes changes to the Local Government (Tamaki Makaurau Reorganisation) Act 2009 includes one part that gives the Minister of Transport and the Minister for Local Government the opportunity to appoint the initial directors of the Auckland Transport Agency:I must say it is difficult to work out why this is necessary, other than to ensure the Auckland Transport Agency reflects the government’s, rather than Auckland Council’s, wishes for at least the first three years of its existence. I suppose that we do need a board to “hit the ground running”, but surely the Auckland Council should have the ability to appoint all the directors within 6 months of taking office?

Another aspects of this bill that I find concerning is the fact that it completely repeals the 2004 Local Government (Auckland) Amendment Act, known as the LGAAA. While a large part of this Act was dedicated to the establishment of ARTA – so therefore kind of has to be repealed, the LGAAA also is very important in providing some legal “teeth” to the 1999 Auckland Regional Growth Strategy, by requiring that council plans be consistent with this strategy. It seems as though repealing those aspects of the LGAAA have been simply designed to undermine the Growth Strategy, and in particular the metropolitan urban limits that it created.

Perhaps the plan is for the Regional Growth Strategy to be effectively replaced by what Part 6 of the Auckland Law Reform Bill focuses on – the spatial plan for Auckland. This is definitely one part of the legislation that I wholeheartedly support, although it is definitely necessary that we get this plan right, as it seems as though it will be fairly powerful in guiding Auckland’s future development. Here’s what the legislation requires of this “Spatial Plan”:

This is certainly the kind of plan Auckland needs, and it will be interesting to see how it is developed over the next few years.

In terms of what others are saying about this legislation, ARC Councillor Joel Cayford has made a couple of excellent posts on it here and here. He points out a few of the more difficult to find consequences of the legislation. The Green Party have also put together a guide for submitting on the bill, which is quite useful once again in terms of digging into some of the potentially hard to understand bits of it.

Overall, I am really starting to think that this whole “Auckland Transport Agency” concept is potentially a big mistake. Originally I had supported it, because I figured it would largely be an “empowered ARTA”, and ARTA seems to have done a reasonable job over the past 5 years. Yet as time has gone on, and I have seen more of the details about the Auckland Transport Agency, it really seems as though we’d probably be better off with transport simply being a part of the Auckland Council. Transport is a big political issue in Auckland, with local politicians just about always putting transport matters at the top of their priority lists. Given the level of discontent with Auckland’s current transport system, it seems very silly to effectively “lock away” transport into an agency that is really only very indirectly accountable to the people of Auckland for the decisions it makes.

So while you submit ways in which the Auckland Transport Agency could be improved (which I think it most definitely can be), I do think it might also be worthwhile mentioning that, ideally, transport shouldn’t be locked away from the Auckland Council.