Council member and meetings
OPEN AGENDA
I hereby give
notice that a meeting of the
APPEALS SUB-COMMITTEE
will be held as follows:
| DATE: |
Tuesday, 8 July 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 |
APOLOGIES
At
the close of the agenda no apologies had been received.
CONFIRMATION OF MINUTES
The
minutes of the Appeals Sub-Committee meeting held on Tuesday, 24 June 2008 to be
confirmed as a true and correct record.
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." |
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.
EXEMPTION FOR FENCING OF SWIMMING POOLS ACT 1987
| Margaret Lacey |
|
| Pool Fencing Coordinator |
16 June 2008 |
Pursuant to Section 6 (special exemption of the Fencing of Swimming Pools Act
1987 (the Act), the applicant Ms Jaye Moon, on behalf of the property owner Mr
Edward Colin Manson, 4 The Rise, St Heliers, is seeking an exemption from pool
fencing requirements on the grounds that they consider additional fencing would
be difficult to install due to the design and layout of the site.
That
the sub-committee consider the report by the inspections officer who recommends
that the existing pool area can remain unchanged, subject to the additional
layers of protection being installed incorporating the NZS8500 standards
outlined in the report.
| [ATTACHMENT 5] |
Pages 1-22 |
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
| Denise McKenzie |
|
| Democracy Advisor |
01 July 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:
|
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 T and V Hill to plan change 192 (residential 3 zone) |
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 192 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 |
241 Church Bay Road, Waiheke
Island.
Ardern v Auckland City Council: ENV-2007-AKL-000803 - 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
prevent the disclosure or use of official information for improper gain
or improper advantage.
In particular, an appeal has been lodged with the Environment Court
against conditions 22 of the Council's decision refusing consent to
proposed two lot subdivision at 241 Church Bay Road, Waiheke Island |
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 |
