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OPEN ADDENDUM AGENDA

I hereby give notice that a meeting of the

APPEALS SUBCOMMITTEE

will be held as follows:

DATE: Tuesday, 13 October 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 EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Cecily Dower  
    Democracy Advisor 02 October 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
    C3 District Plan (Central Area): Proposed plan modification 4-Wynyard Quarter appeals 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 4 before the Environment Court and public disclosure at this time could disadvantage the council in the response to these appeals.

    		 Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
    C4 Resource Consent Appeals - Status Report 13 October 2009 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)(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.

    		 Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding 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.