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Appeals Sub-committee
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MINUTES OF A MEETING OF THE APPEALS SUBCOMMITTEE

HELD ON TUESDAY, 25 NOVEMBER 2008 AT 9:30 AM

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

  1. Top APOLOGIES

    That the apology of Councillor Bhatnagar for non-attendance be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Appeals sub-committee meeting held on Tuesday, 11 November 2008, be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    There was no public forum.

  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 Appeal: Auckland Regional Council, Gulf District Plan Association and W R Vickery & others 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, an appeal has been lodged with the Environment Court against the Council's decision granting land use for an airpark facility at 171 Carsons Road, Waiheke Island.

    		 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 Appeal: 114-116 Market Road & 1/3 Wapiti Avenue, Epsom - St Cuthbuerts College Trust Board v Auckland City Council: ENV-2008-AKL-000062 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, an appeal has been lodged with the Environment Court against Council's decision declining an application to construct a music and drama centre to carry out modifications to the existing car park area in Wapiti Avenue with associated tree and earthworks. The disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    		 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 10.05 am.