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Appeals Sub-committee
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MINUTES OF A MEETING OF THE
APPEALS SUB-COMMITTEE
HELD ON TUESDAY, 27 JANUARY 2009 AT 9:30 AM
IN THE COMMITTEE ROOM, LEVEL 15, CIVIC ADMINISTRATION BUILDING, 1 GREYS AVENUE, AUCKLAND

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

  1. Top APOLOGIES

    That the apology from Councillor Donnelly be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Appeals Subcommittee meeting held on Tuesday, 16 December 2008 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    There were no requests to speak in 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.

    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 Matson v Auckland City Council (scheduling of Fitzroy Hotel at 75 Wakefield Street) 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, this matter is before the Environment Court and negotiations are underway with parties to solve the appeal by consent order.

    		 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 Auckland Regional Policy Statement - Change 8 Volcanic Cones Viewshafts - Department of Corrections v Auckland Regional 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, Auckland City Council has lodged an appeal with the Environment Court against Auckland Regional Council's decisions on Change 8 of the Regional Policy Statement 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.

    		 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 Chairman declared the meeting closed at 9.46am.