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Appeals Sub-committee
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MINUTES OF A MEETING OF THE
APPEALS SUBCOMMITTEE
HELD ON TUESDAY, 13 OCTOBER 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
    Mark Donnelly  

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Appeals Subcommittee meeting held on Tuesday, 22 September 2009, 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.

    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

    District Plan (Isthmus): Proposed Plan Modification 196 - Newmarket Growth Area Structure Plan

    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 196 before the Environment Court and public disclosure at this time could disadvantage the council in the response to these appeals.

    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 Environment Court against the council's decision on plan change 196 and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    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

    District Plan (Isthmus): Proposed Plan Modification 196 - Newmarket Growth Area Structure Plan

    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 196 before the Environment Court and public disclosure at this time could disadvantage the council in the response to these appeals.

    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 Environment Court against the council's decision on plan change 196 and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    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.

    C3

    District Plan (Central Area): Proposed plan modification 4-Wynyard Quarter appeals

    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)(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.

    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.

    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.

    CARRIED

    There being no further business, the chairperson declared the meeting closed at 10:45 am.