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Appeals Sub-committee

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MINUTES OF A MEETING OF THE
APPEALS SUBCOMMITTEE
HELD ON TUESDAY, 17 NOVEMBER 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. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Appeals Subcommittee meeting held on Tuesday, 27 October 2009, be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   There was no public forum.

5. 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	Appeals to Regional Coastal Plan Change - Wynyard Quarter	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 negotiated position with respect to the appeals to regional coastal plan change - Wynyard Quarter before the Environment court and disclosure at this time could disadvantage the council in the response to this appeal.	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	Appeal to plan change 7 (Central Area Plan), 16 Waterloo Quadrant Newman Hall (Nathan House) v Auckland City Council (ENV-2007-AKL-000114)	Public conduct of this 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 negotiated position with respect to the appeal by the Roman Catholic Bishop of Auckland to proposed plan change 7 to the Central Area District Plan. Public disclosure at this time could disadvantage the council in the response to this appeal.	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 (isthmus): Proposed plan modification 196 - Newmarket growth area structure plan	Public conduct of this 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.
   C4	Update on mediation with specified countryside living and urban containment policies appeals to Change 6 to the Auckland Regional Policy Statement	Public conduct of this 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 the Proposed Change 6 to the Auckland Regional Policy Statement 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.
   C5	Settlement of specified commercial appeals to region plan change 6 and appeals to plan change 175	Public conduct of this 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 6 to the Auckland Regional Policy Statement 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.
   C6	Appeals to plan change 163 the residential 1 and 2 zones.	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, 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.	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.