Council member and meetings
OPEN AGENDA
I hereby give
notice that a meeting of the
APPEALS SUBCOMMITTEE
will be held as follows:
| DATE: |
Tuesday, 27 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 |
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, 13 October 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.
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
| Denise McKenzie |
|
| Democracy Advisor |
20 Oct 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 |
Appeals to plan change 163 - the residential 1 and 2 zones |
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, five appeals have been lodged with the Environment Court
against the Council's decisions on plan change 163 and the disclosure of
information at this stage could be used by other parties to gain
improper advantage prior to court proceedings
The exclusion
of the public from the part of the meeting is necessary to enable the
local authority to deliberate in private on its decision or
recommendation. |
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. |
| C2 |
Appeals to the proposed Hauraki Gulf Islands District Plan 2006 |
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 Hauraki Gulf Islands
District Plan 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. |
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.
