Skip navigation
Council member and meetings
Appeals Sub-committee
Back to contents

OPEN AGENDA

 I hereby give notice that a meeting of the

APPEALS SUB-COMMITTEE

will be held as follows:

DATE: Tuesday, 10 June 2008
TIME: 9:30 am
VENUE: Hearings Meeting Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Denise McKenzie
DEMOCRACY ADVISOR

Members:

Cr Peseta Sam Lotu-Iiga Chairperson
Cr Graeme Mulholland, JP Deputy Chairperson
Cr Mark Donnelly

  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Appeals Sub-Committee meeting held on Tuesday, 27 May 2008 to be confirmed as a true and correct record.

  3. Top 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) 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
    (b) 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."
  4. Top PUBLIC FORUM

    A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

    At the close of the agenda no requests to speak had been received.

  5. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Denise McKenzie  
    Democracy Advisor 03 June 2008
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    That the public be excluded from the following part(s) of the proceedings of this meeting.

    The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

    This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

    Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Particular interest(s) protected (where applicable) Ground(s) under section 48(1) for the passing of this resolution
    C1 The appeal by Southern Cross to plan change 132 (character overlay) The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(j) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage , negotiations [including commercial and industrial negotiations].

    In particular an appeal has been lodged with the Environment Court against the Council's decisions on plan change 132 in relation to the site at 169-175, 177 and 181 Grafton Road and 88-90 Khyber Pass Road and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

    S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.
    C2 The appeal by the Roman Catholic Bishop of the Diocese of Auckland to plan change 132 (character overlay) The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(j) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage , negotiations [including commercial and industrial negotiations].

    In particular an appeal has been lodged with the Environment Court against the Council's decisions on plan change 132 in relation to the site at 109, 111-113, 115-117, 119-121, 123-125 Symonds Street, 1-3 Alex Evans St, and 1 and 2 St Benedict's St and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

    S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.
    C3 187 Campbell Road, Greenlane - Environment Court Appeal The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(j) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage , negotiations [including commercial and industrial negotiations].

    In particular, the Council is reviewing the position it is to take on this matter at the Environment Court. The disclosure of information at this stage could be used by other parties to gain improper advantage prior to Court proceedings.

    S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.