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Appeals Sub-committee
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OPEN AGENDA

 I hereby give notice that a meeting of the

APPEALS SUBCOMMITTEE

will be held as follows:

DATE: Tuesday, 28 October 2008
TIME: 9:30 am
VENUE: Committee Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Denise McKenzie
DEMOCRACY ADVISOR

Members:

Cr Aaron Bhatnagar Chairperson
Cr Graeme Mulholland, JP Deputy Chairperson
Cr Mark Donnelly

Ex Officio:

His Worship the Mayor, Hon John Banks, QSO
Deputy Mayor, David Hay, JP

  1. Top APOLOGIES

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

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Appeals Subcommittee meeting held on Tuesday, 14 October 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 7 October 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
    1 District Plan Isthmus - Plan Modification 132 - Character Overlay: Appeal by F Power, 21 New North Road, Eden Terrace 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 the Council's decision on plan change 132 in relation to the site at 21 New North Road, Eden Terrace, 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 District Plan Isthmus - Plan Modification 132 - Character Overlay - appeal by the Roman Catholic Bishop of the Diocese of Auckland 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 the Council's decision on plan change 132 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 Resource Consent Appeal: Gulf District Plan Association v Auckland City Council 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 the Council's decision granting land use consent to a new dwelling at 205 Church Bay Road, Waiheke Island.

    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.
    C4 15-19 Vale Road consent appeal:
    ENV-2008-AKL-000193: Mal Smith v Auckland City Council
    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 the Council's decision to refuse consent to the proposed development of an additional unit at this site and 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.
    C5 7-9 Edenvale Crescent, Mt Eden. Edenvale Home Trust Board v Auckland City Council: ENV-2008-AKL-000190 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 various conditions of consent granted to redevelop an existing rest home and to use the completed development as a rest home and private hospital.

    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.
    C6 30-44 Barrack Road, Mt Wellington ENV-2007-AKL-000677 Auckland City Council v Auckland City Council 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 specific conditions of the council's decision on a notice of requirement to designate land for open space. 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.
    C7 Resource Consent Appeal - 228 Orakei Road, Orakei 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 specific conditions of the council's decision to refuse consent to the proposed development of a 5-block apartment complex in the Mixed Use zone and 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.

    The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.