Skip navigation
Council member and meetings
Appeals Sub-committee
Back to contents

MINUTES OF A MEETING OF THE APPEALS SUBCOMMITTEE

HELD ON TUESDAY, 11 NOVEMBER 2008 AT 9:30 AM

PRESENT: Councillors: Aaron Bhatnagar Chairperson
    Graeme Mulholland, JP Deputy Chairperson
    Mark Donnelly  

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Appeals subcommittee held on Tuesday, 28 October 2008, be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    4.1. 43 HACKETT STREET, HERNE BAY - IAN COWPER

    Mr Ian Cowper, solicitor representing the owners of 45 Hackett Street, spoke to his submission which was included with the agenda. He advised that the biggest concern for his clients was the deck at the rear of 43 Hackett Street and asked that the sub-committee to be aware of the visual intrusion into his clients' property.

    That Mr Cowper be thanked for his presentation regarding 43 Hackett Street, Herne Bay.

    CARRIED

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

    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.

    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 Update of appeals yet to be reported to the sub-committee since April 2008 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)(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.

    		 S48(1)(a): 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 Possible Environment Court proceedings involving the occupiers of 45 Hackett Street, St Mary's Bay v Auckland City Council 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, correspondence has been received which sets out matters which may result in enforcement proceedings at the Environment Court against the Council's position on this matter.

    		S48(1)(a): 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

    CARRIED

    There being no further business, the chairperson declared the meeting closed at 10.45 am.