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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, 16 June 2009 |
| TIME: |
9:30 am |
| VENUE: |
Hearings Meeting Room, Level 15 |
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Civic Administration Building |
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1 Greys Avenue |
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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, 26 May 2009 to be
confirmed as a true and correct record.
EXTRAORDINARY BUSINESS
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Section 46A(7) of the Local Government Official Information and Meetings
Act 1987 (as amended) states: |
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"An item that is not on the agenda for a meeting may be dealt with at
that meeting if- |
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(a) |
The local authority by resolution so decides; and |
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(b) |
The presiding member explains at the meeting at a time when it is open
to the public,- |
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(i) |
The reason why the item is not on the agenda; and |
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(ii) |
The reason why the discussion of the item cannot be delayed until a
subsequent meeting." |
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Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states: |
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"Where an item is not on the agenda for a meeting,- |
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(a) |
That item may be discussed at that meeting if- |
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(i) |
That item is a minor matter relating to the general business of the
local authority; and |
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(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 |
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(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.
SUBMISSION ON NOTIFIED APPLICATION FOR CONSENT TO DISCHARGE CONTAMINANTS INTO AIR AT 259 JAMES FLETCHER DRIVE, FAVONA, MANUKAU CITY
| David Wong |
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| Senior Planner, Outer Isthmus |
28 May 2009 |
Seeking the subcommittee's retrospective approval to the lodgement of a
submission to the resource consent application from Pacific Steel Group to
continue to discharge contaminants into air from the manufacture of steel and
steel products from scrap, using an electric arc furnace located at 259 James
Fletcher Drive, Favona, Manukau City.
Recommending that the subcommittee retrospectively approve the submission at
appendix 1 of the agenda report.
| [ATTACHMENT 5] |
Pages 1 -4 |
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
| Denise McKenzie |
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| Democracy Advisor |
9 June 2009 |
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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. |
District Plan (Central Area): Appeals to proposed plan modification 8 -
Character building Demolition Controls |
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)(i)
The withholding of the information is
necessary to enable the local authority to carry on, without prejudice
or disadvantage, negotiations (including commercial and industrial
negotiations).
In
particular, the report sets out the council's proposed negotiating
position with respect to the appeals to proposed plan change 8 before
the Environment Court and public disclosure at this tinme could
disadvantage the council in the response to these appeals. |
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 |
125-153 Fanshawe Street, Auckland Central Appeal: ENV-2008-AKL-000279:
Mansons TCLM Limited v Auckland City Council |
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, an appeal has been lodged with the Environment Court against
conditions 19 and 20 of the council's decision which granted consent
pursuant to section 127 of the Act for a comprehensive office and marine
retail 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. |
| C3 |
Morning Star (St Luke's Garden Apartments) Limited v Auckland City Coucil
(ENV 2008 AKL-119) (Application No LUC20040335104) and eight further
appeal filed by submitters (ENV 2008-AKL-111 to AKL-118) - 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,
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.
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