Council member and meetings
OPEN AGENDA
I hereby give
notice that a meeting of the
APPEALS SUBCOMMITTEE
will be held as follows:
| DATE: |
Tuesday, 25 August 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 |
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 July 2009 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 POOL UNDER THE FENCING OF SWIMMING POOLS ACT 1987 - 9A WAIATA AVENUE, REMUERA
| Margaret Lacey |
|
| Pool Fencing Inspector, Auckland City Environments |
5 August 2009 |
At
its 27 April 2009 meeting the subcommittee considered an application for
exemption under the Fencing of Swimming Pools Act 1987 and deferred
consideration of the matter as it was not satisfied that the locking mechanisms
on both the front gate and the pool cover were adequate.
An
independent report and evaluation of the site has been completed by a senior
building specialist and his report is attached.
Recommending that the Appeals Subcommittee either:
- decline the application for exemption and
require that the swimming pool be isolated by complying fencing to eliminate
pedestrian access from the driveway and dwelling; or
- agree to an exemption under the Fencing of
Swimming Pools Act 1987 by using NZS 8500 [appendix 2 of agenda report] to
include additional layers of protection to act as the barrier, as set out in the
agenda report.
| [ATTACHMENT 5] |
Pages 1-42 |
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
| Denise McKenzie |
|
| Democracy Advisor |
19 August 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. |
Resource Consent Appeals - Status Report |
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 in either the refusal of consent or the imposition of
conditions. |
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.
