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Council member and meetings
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, 26 May 2009
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,12 May 2009 to be confirmed as a true and correct record.

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    There was no public forum.

  5. Top EXEMPTION FROM THE FENCING OF SWIMMING POOLS ACT 1987 - 9A WAIATA AVENUE, REMUERA

    Margaret Lacey  
    Pool Fencing Inspector, Auckland City Environments 27 April 2009

    Reporting on a request from the owners of 9A Waiata Avenue, Remuera seeking an exemption from swimming pool fencing requirements as they feel that additional fencing to isolate the pool would be difficult to install due to the design and layout of the swimming pool area and advising that officers are unwilling to support the application.

    Recommending that the subcommittee consider the request for an exemption.

    [ATTACHMENT 5] Pages 1-29

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

    Denise McKenzie  
    Democracy Advisor 19 May 2009
    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. Morning Star (St Luke's Garden Apartments) Limited v Auckland City Council (ENV 2008-AKL-119) (Application no. LUC20040335104 and eight further appeals filed by submitters (ENV 2008-AKL-111 to AKL-118) - Environment Court Appeal Public conduct of matter would be likely to result in 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, appeals have been lodged with the Environment Court to the Council's decision granting consent subject to conditions to a section 127 application to modify a comprehensive housing development and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    		 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.