Council member and meetings
OPEN AGENDA
I hereby give
notice that a meeting of the
APPEALS SUBCOMMITTEE
will be held as follows:
| DATE: |
Tuesday, 11 November 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 |
APOLOGIES
At
the close of the agenda no apologies had been received.
CONFIRMATION OF MINUTES
The
minutes of the Appeals Subcommittee meeting held on Tuesday, 28 October 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.
The
following request has been received to address the meeting:
4.1. 43 HACKETT STREET, HERNE BAY - IAN COWPER
Mr
Ian Cowper from Cowper Campbell, acting on behalf of the neighbours of the above
property, has requested to address the subcommittee to speak to his submission.
| [ATTACHMENT 4.1] |
Pages 1-3 |
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
| Denise McKenzie |
|
| Democracy Advisor |
6 November 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 |
Update of appeals yet to be reported to the sub-committee since April
2008 |
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)(g) The
withholding of the information is necessary to maintain legal
professional privilege.
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, appeals have been lodged
with the Environment Court against the Council's decision in either the
refusal of consent or the imposition of conditions. |
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 |
Possible Environment Court proceedings involving the occupiers of 45
Hackett Street, St Mary's Bay 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, correspondence has been received which sets out matters
which may result in enforcement proceedings at the Environment Court
against the Council's position on this matter. |
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.
