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MINUTES OF A MEETING OF THE CITY DEVELOPMENT COMMITTEE

HELD ON THURSDAY, 11 SEPTEMBER 2008 AT 9.30AM

PRESENT: Councillors Peseta Sam Lotu-Iiga Chairperson
    Graeme Mulholland, JP Deputy Chairperson
[Until 9.50am item 5,
from 10.08am item 6,
until 1.30pm item 22]
    Douglas Armstrong, QSO [Until 10.55am item 9
From 11.25am item 12]
    Bill Christian, JP  
    Glenda Fryer  
    Noelene Raffills [Until 12.48pm item 27
From 12.57pm item 27
Until 1.55pm item C1]
  Deputy Mayor David Hay [From 9.45am item 5
Until 12.48pm item 27]
ALSO PRESENT: Councillors: Aaron Bhatnagar  
    Leila Boyle  
ABSENT:   Dr Cathy Casey  
    Graeme Easte  
    Toni Millar, JP  
    Richard Northey, ONZM  
    Denise Roche  

  1. Top APOLOGIES

    That the apology from Councillor Donnelly for non-attendance be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the City Development Committee meeting held on Thursday, 14 August 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.

    DEPUTATION

  5. Top THE QUAYS APARTMENTS, VIADUCT HARBOUR

    Mr Smith and Mr Yu tabled papers and provided a DVD in support of their deputation regarding the problems associated with the behaviour of some of the patrons frequenting establishments in the Viaduct Harbour.

    [ATTACHMENT 5 and 5A]  
    1. That Mr Smith and Mr Yu be thanked for their deputation on behalf of The Quay Apartments, Viaduct Harbour regarding the amount of establishments that hold 24 hours per day, 7 days a week liquor licences in the Market Square area of the Viaduct Harbour and the problems associated with this.
    2. That it be noted that a report regarding liquor licensing hours is scheduled for the November 2008 meeting of the City Development Committee.
    3. That the matters raised by the deputation be investigated and reported to the City Development Committee meeting in November 2008 with recommendations for solutions including the areas of:
      1. liquor accord
      2. enforcement
      3. noise

    CARRIED

  6. Top REPORTS REQUESTED/PENDING

    That the target dates of the following reports be amended:

    Row Date Report Name Reason
    6 Sept-08
    defer to
    Oct 08    		 Subsoil leases - public good Officers from City Planning and Property are still in discussion regarding this matter - defer until October
    7 Sept-08
    defer to
    Oct 08    		 Three Kings Quarry Officers from City Planning are addressing a resourcing issue. Please defer until October.
    25 From TBA
    to
    Nov 08    		 Ports of Auckland - Port Development Plan 2008 Reporting on the implications of the Port Development Plan 2008 including broader strategic issues for the city.
    26 Nov 08 Tamaki Edge Constituents Group Reporting on the reestablishment of the Tamaki Edge Constituents Group

    CARRIED

    POLICY/MAJOR DECISIONS

  7. Top REPORT ON THE ECONOMIC DEVELOPMENT STRATEGY

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Economic Development Strategy, with particular respect to feedback received from the City Development Committee working party and the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee notes the resolutions from the Transport Committee meeting held on Thursday, 4 September 2008 ie:
      That the City Development Committee investigate the following measures for measuring progress, namely:
      Amount of broadband provision and usage;
      Provision, enhancement and utilisation of public transport.
      Councillor Fryer moved the following amendments by way of addition:
    4. That the City Development Committee investigate including on page 4 of the strategy (page 12 of the agenda pages) under heading 3, an additional bullet point namely:
      Develop third sector partnerships to increase local employment
    5. That the City Development Committee investigate including on Appendix 2 (page 17 of the agenda pages) third column and second set of actions, an additional bullet point namely:
      Develop third sector partnerships to increase local employment
    6. That reference to the council funded affordable housing demonstration projects be included in projects and initiatives.

    LOST

    The Chair put the substantive motion:

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Economic Development Strategy, with particular respect to feedback received from the City Development Committee working party and the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee ask officers to investigate including the following measures for measuring progress (page 30 of the agenda pages), namely:
      Amount of broadband provision and usage;
      Provision, enhancement and utilisation of public transport.
    4. That "Additional council investment in infrastructure around Eden park" be added to Rugby World Cup 2011 (page 15 of the agenda pages).

    CARRIED

  8. Top REPORT ON THE QUALITY BUILT ENVIRONMENT STRATEGY

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Quality Built Environment Strategy, with particular respect to the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee insert under the Tamaki Transformation project section on page 7 of the strategy (page 34 of the agenda pages), a heading "Avondale Project" and a short explanatory paragraph describing the Property Enterprise Board's proposed Development With Vision Avondale project.
      Councillor Fryer moved the following amendment by way of addition:
    4. That the City Development Committee ask officers to investigate including the following measure for measuring progress on page 3 of the strategy (page 30 of the agenda pages) namely:
      A decrease in the level of housing stress in Auckland City as determined by residential sales, prices and residential rental level analysis.
    5. That the City Development Committee insert under "Support a built environment that is responsive to the Auckland character" on page 4 of the strategy (page 31 of the agenda pages), another bullet point:
      "Improve the variety of affordable housing and accommodation options to meet the needs of a diverse and growing community."
    6. That the City Development Committee insert under the second bullet point of point 5 on page 5 of the strategy (page 32 of the agenda pages), "and the amount of affordable housing available across the city."

    LOST

    The Chair put the substantive motion:

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Quality Built Environment Strategy, with particular respect to the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee insert under the Tamaki Transformation project section on page 7 of the strategy (page 34 of the agenda pages), a heading "Avondale Project" and a short explanatory paragraph describing the Property Enterprise Board's proposed Development With Vision Avondale project.

    CARRIED

  9. Top REPORT ON THE QUALITY NATURAL ENVIRONMENT STRATEGY

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Quality Natural Environment Strategy, with particular respect to the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee notes the resolutions from the Arts, Culture and Recreation Committee meeting held on Wednesday, 10 September 2008 ie:
      That the Draft Quality Natural Environment strategy be amended as follows:
      1. That on page 4, Objective 1, of the Draft Quality Natural Environment strategy (page 42 of the agenda papers), the first priority be changed to:
        Identify, celebrate and protect key landscapes and features, including volcanoes and the viewshafts to and from volcanoes and the harbours, cliff lines, beaches and coastal margins.
    4. That the objective one be amended to specifically include viewshafts to and from the volcanic cones and that objective three be amended to specifically include continuous walkways on both harbours.
      Councillor Fryer moved the following amendment by way of addition to resolution C:
      1. That on page 6, Maungawhau-Mt Eden heading, of the Draft Quality Natural Environment strategy (page 44 of the agenda papers), include an additional bullet point as follows:
        a safe and pleasant vehicle-free experience is provided with provision for elderly and disabled visitors to be able to enjoy the mountain on an environmentally friendly vehicle.

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Bill Christian

    Cr Peseta Sam Lotu-Iiga

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Deputy Mayor David Hay


    Cr Douglas Armstrong, Cr Mark Donnelly and His Worship the Mayor were absent.

    The amendment was declared LOST by 5 votes to 1.

    1. That on page 6, of the Draft Quality Natural Environment strategy (page 44 of the agenda papers), a heading "Maungarei-Mt Wellington, Owairaka-Mt Albert and Puketapapa-Mt Roskill" be added, with a paragraph of explanation as follows:
      The aim is to protect these cones, their vegetation and geological and archaeological features and the visitor experience to them.li>

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Bill Christian

    Cr Peseta Sam Lotu-Iiga

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Deputy Mayor David Hay


    Cr Douglas Armstrong, Cr Mark Donnelly and His Worship the Mayor were absent.

    The amendment was declared LOST by 5 votes to 1.

    The Chair put the substantive motion:

    1. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.
    2. That the City Development Committee notes the further development and refinement of the Quality Natural Environment Strategy, with particular respect to the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.
    3. That the City Development Committee notes the resolutions from the Arts, Culture and Recreation Committee meeting held on Wednesday, 10 September 2008 ie:
      That the Draft Quality Natural Environment strategy be amended as follows:
      1. That on page 4, Objective 1, of the Draft Quality Natural Environment strategy (page 42 of the agenda papers), the first priority be changed to:
        Identify, celebrate and protect key landscapes and features, including volcanoes and the viewshafts to and from volcanoes and the harbours, cliff lines, beaches and coastal margins.
    4. That the objective one be amended to specifically include viewshafts to and from the volcanic cones and that objective three be amended to specifically include continuous walkways on both harbours.

    CARRIED

  10. Top TRANSPORT CHOICES STRATEGY

    A. That the City Development Committee notes the development of the Long-term council community plan (LTCCP) 2009-2019 based on the organisation's seven strategies.

    B. That the City Development Committee notes the further development and refinement of the Transport Choices Strategy, with particular respect to the strategy's benefit statement, priorities and measures, to demonstrate a strong connection between council's overall vision and the projects and initiatives council undertakes.

    CARRIED

  11. Top STORMWATER DRAFT ASSET MANAGEMENT PLAN

    That the report of the Manager, Water and Landfill Operations dated 3 September 2008 be received and that a workshop be held with all councillors to discuss the feedback and options for the Stormwater Draft Asset Management Plan.

    Councillor Fryer moved the following amendment by way of replacement:

    1. That a workshop open to the public, media, Community Board Chairs and Community Board members be held with all councillors to discuss the feedback and options for the Stormwater Draft Asset Management Plan.
    2. That the City Development Committee notes that Councillor Fryer does not agree that:
      1. high profile/high value projects such as Vale Road, Cox's Creek, Stanley St, Eden Park etc be deferred.
      2. the capital envelope be reduced by $2-3 million.

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Bill Christian

    Cr Peseta Sam Lotu-Iiga

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Deputy Mayor David Hay


    Cr Douglas Armstrong, Cr Mark Donnelly and His Worship the Mayor were absent.

    The amendment was declared LOST by 5 votes to 1.

    The Chair put the substantive motion:

    That the report of the Manager, Water and Landfill Operations dated 3 September 2008 be received and that a workshop be held with all councillors to discuss the feedback and options for the Stormwater Draft Asset Management Plan.

    CARRIED

  12. Top CLOSED LANDFILL DRAFT ASSET MANAGEMENT PLAN

    That the report of the Acting Manager Recycling and Waste Operations dated 3 September 2008 be received and that a workshop be held with all councillors to discuss the feedback and options for the Closed Landfill Draft Asset Management Plan.

    Councillor Fryer moved the following amendment by way of replacement:

    1. That a workshop open to the public, media, Community Board Chairs and Community Board members be held with all councillors to discuss the feedback and options for the Closed Landfill Draft Asset Management Plan.
    2. That the City Development Committee notes that Councillor Fryer does not agree that the proposed capital budget for the three highest priority closed landfill sites (Newmarket Park, Waikowhai and Meola Reef) be reduced.

    LOST

    The Chair put the substantive motion:

    That the report of the Acting Manager Recycling and Waste Operations dated 3 September 2008 be received and that a workshop be held with all councillors to discuss the feedback and options for the Closed Landfill Draft Asset Management Plan.

    CARRIED

  13. Top COMMUNITY BOARDS' FEEDBACK ON THE DRAFT ASSET MANAGEMENT PLANS

    That the City Development Committee notes the feedback and comments received from the Mt Roskill Community Board, and the Chair of the Eastern Bays Community Board on the Draft Asset Management Plan reports presented to the committees in August and refer these comments to the workshops which are to be set up.

    CARRIED

  14. Top PLAN CHANGE 163 - THE RESIDENTIAL 1 AND 2 ZONES

    That a summary of feedback received and the outcome of the mayor's workshops regarding Plan Change 163 - the residential 1 and 2 zones, be reported to the October 2008 City Development Committee meeting and that all parties be commended for the efforts made to resolve this issue.

    The Chair adjourned the meeting at 11.40am and reconvened it at 11.50am

    Councillor Fryer moved the following amendment by way of replacement:

    That a summary of feedback received and the outcome of the mayor's workshops regarding Plan Change 163 - the residential 1 and 2 zones, be reported progressively and as soon possible to Councillors with an officers' report to the October City Development Committee meeting.

    LOST

    The Chair put the substantive motion:

    That a summary of feedback received and the outcome of the mayor's workshops regarding Plan Change 163 - the residential 1 and 2 zones, be reported to the October 2008 City Development Committee meeting and that all parties be commended for the efforts made to resolve this issue.

    CARRIED

  15. Top LIQUOR BAN POLICY

    That the City Development Committee approves the Liquor Ban Policy with an amendment that all liquor bans outside of the CBD be operational until 8am throughout the year and with editorial changes in appendix two.

    CARRIED

  16. Top MT WELLINGTON QUARRY - CODE OF SUBDIVISION AND DEVELOPMENT

    1. That the City Development Committee endorse and adopt the Mt Wellington Quarry Code of Subdivision and Development and that it is applied to the floor of Mt Wellington quarry instead of the current Code of Urban Subdivision.
    2. That once approved by the City Development Committee, the Group Manager - City Planning is authorised to publish the final Mt Wellington Quarry Code of Subdivision and Development.
    3. That authority to make changes/corrections/clarifications to the Mt Wellington Quarry Code of Subdivision and Development is delegated to the Chair of the City Development Committee.

    CARRIED

    Item 27 then 21 were considered at this point

    BUDGET/FINANCIAL

  17. Top TE WERO BRIDGE DESIGN CONSULTANT ENGAGEMENT

    That it be a recommendation to council:

    That the letting of a design contract to Hyder Consulting, Denton Corker Marshall and Kenneth Grubb Associates Limited with the final terms and conditions to be approved by the Chair of the City Development Committee and the Chief Executive, provided that the fee is within the budget envelope contemplated within the confidential agenda and noting that the contract commission is only for preliminary design until it is known whether the subsidy is granted from New Zealand Transport Agency.

    Councillor Fryer moved the following amendment by way of replacement:

    That letting of the design contract be postponed until Council has considered and determined the budget, design and structural features of the proposed Te Wero Bridge.

    LOST

    The Chair put the substantive motion:

    That it be a recommendation to council:

    That a design contract be let to Hyder Consulting, Denton Corker Marshall and Kenneth Grubb Associates Limited with the final terms and conditions to be approved by the Chair of the City Development Committee and the Chief Executive, provided that the fee is within the budget envelope contemplated within the confidential agenda and noting that the contract commission is only for preliminary design until it is known whether the subsidy is granted from New Zealand Transport Agency.

    CARRIED

    PROCEDURAL

  18. Top PLAN CHANGE 123 AND VARIATON 123A - MT EDEN CENTRE PLAN - APPROVAL TO INCORPORATE INTO THE DISTRICT PLAN (ISTHMUS)

    That it be a recommendation to council:

    1. That Plan Change 123 and Variation 123A - Mt Eden Centre Plan is incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Manager - Inner Isthmus be authorised to publicly notify the date on which Plan Change 123 and Variation 123A - Mt Eden Centre Plan will become operative.

    CARRIED

  19. Top APPOINTMENT OF HEARING COMMISSIONERS FOR PLAN CHANGE 218 - ADDITIONS OF BUILDINGS TO THE HERITAGE SCHEDULE (ISTHMUS)

    1. That the City Development Committee appoints Councillors Bhatnagar and Millar to hear submissions and deliberate on Plan Change 218 and to provide its report and recommendations to Council.
    2. That the Chairperson and Deputy Chairperson of the City Development Committee be given authority to appoint an alternate member to hear submissions and deliberate on Plan Change 218 should a commissioner not be available.

    CARRIED

  20. Top INVOLVEMENT IN EARTH HOUR 2009

    That Auckland City Council commits to formal participation in Earth Hour in 2009, subject to the following recommendations:

    1. That the event organisers be informed of the council's decision regarding Earth Hour in 2009.
    2. That officers discuss with event organisers options for better reflecting the Auckland and New Zealand situation with respect to energy and carbon emissions profiles, in the design of the Earth Hour in 2009 event
    3. That a detailed event plan be reported to the City Development Committee for consideration by December 2008, including any budget implications for the Earth Hour in 2009 event, noting that any funding required will be sourced from within existing budgets in the environmental policy and sustainable policy areas.

    CARRIED

  21. Top PLAN CHANGE 9 - TEMPORARY ACTIVITIES

    1. That the City Development Committee endorse proposed Plan Change 9 - Temporary Activities (as attached to the report of the Lead Senior Planner Resource Consents dated 26 August 2008) and the associated section 32 report.
    2. That the Manager Central Area be authorised to publicly notify Proposed Plan Change 9 - Temporary Activities (as attached to the report of the Lead Senior Planner Resource Consents dated 26 August 2008).
    3. That the Chair of the City Development Committee be delegated to sign off any minor amendments to Proposed Plan Change 9 prior to notification.

    CARRIED

  22. Top BOOBS ON BIKES INJUNCTION JUDGEMENT

    1. That the council not appeal the decision to refuse an injunction to prevent the 2008 Boobs on Bike parade
    2. That the council not seek to prosecute Mr Crow or his company for the breach of the public places bylaw regarding the Boobs on Bikes parade.
    3. That a working party consisting of the Deputy Mayor and Councillors Mulholland, Northey and Fryer be established to consider the objection criteria for the public places bylaw and its ongoing usage.
    4. That the working party from C. also consider:
      1. authorising in-house counsel to investigate the merits of seeking a declaratory judgement from the High Court; and
      2. seeking appropriate legislative clarification.
    5. That the working party report the final decision back to the committee in November 2008.

    CARRIED

    Councillor Christian asked that his vote against the motion be recorded.

    INFORMATION

  23. Top FUTURE PLANNING FRAMEWORK UPDATE REPORT

    1. That the City Development Committee notes the future planning framework programme progress to date, as outlined in the report of the Project Manager City Planning dated 29 August 2008.
    2. That a working group be established to oversee the development of the Future Planning Framework and the Isthmus District Plan and to recommend and report back to the City Development Committee regarding this.
    3. That the Chair and Deputy Chair of the City Development Committee in consultation with Councillor Northey be delegated to approve the terms of reference and agree to the membership of a working group.
      Councillor Fryer moved the following amendment by way of addition:
    4. That the City Development Committee agree in principle that the working group include at least one Councillor or Community Board Member from each of the eight isthmus Community Board areas.
    5. That the Councillors in C above choose representatives as per D above in consultation with the eight isthmus Community Boards through an additional agenda item on Community Boards' September 2008 meetings.

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Douglas Armstrong

    Cr Bill Christian

    Cr Peseta Sam Lotu-Iiga

    Deputy Mayor David Hay


    Cr Mark Donnelly, Cr Graeme Mulholland, Cr Noelene Raffills and His Worship the Mayor were absent.

    The amendment was declared LOST by 4 votes to 1.

    The Chair put the substantive motion:

    1. That the City Development Committee notes the future planning framework programme progress to date, as outlined in the report of the Project Manager City Planning dated 29 August 2008.
    2. That a working group be established to oversee the development of the Future Planning Framework and the Isthmus District Plan and to recommend and report back to the City Development Committee regarding this.
    3. That the Chair and Deputy Chair of the City Development Committee in consultation with Councillor Northey be delegated to approve the terms of reference and agree to the membership of a working group.

    CARRIED

  24. Top MAINSTREET PERCEPTION SURVEY 2008

    1. That the report of the Mainstreet Advisor dated 27 August 2008 entitled Mainstreet Perception Survey 2008 be received.
    2. That officers report on the outcomes of the Mainstreet Perception Survey workshop held on 10 September 2008 to the November 2008 City Development Committee meeting.

    CARRIED

  25. Top UPDATE ON WASTE EDUCATION

    That the report of the Waste Education Officer dated 21 August 2008 entitled update on waste education be received.

    CARRIED

  26. Top REPORT ON THE MEETING OF THE FULL INTER-COUNCIL WORKING PARTY ON GENETIC ENGINEERING

    1. That Auckland City Council remain an observer of the proceedings of the inter-Council Working Party on Genetic Engineering rather than engage as an active member of the group.
    2. That the City Development Committee note the minutes of the Inter-Council Working Party on Genetic Engineering dated 9 September 2008.
    3. That Councillor Roche be the political representative for Auckland City Council on the Inter-Council working party on Genetic Engineering.

    Councillor Fryer moved the following amendment by way of replacement:

    1. That Auckland City Council remain an observer of the proceedings of the inter-Council Working Party on Genetic Engineering and also engage as an active member of the group and that Councillor Roche and an officer represent the Council.

    LOST

    The Chair put the substantive motion:

    1. That Auckland City Council remain an observer of the proceedings of the inter-Council Working Party on Genetic Engineering rather than engage as an active member of the group.
    2. That the City Development Committee note the minutes of the Inter-Council Working Party on Genetic Engineering dated 9 September 2008.
    3. That Councillor Roche be the political representative for Auckland City Council on the Inter-Council working party on Genetic Engineering.

    CARRIED

  27. Top WAIHEKE ISLAND COMMUNITY BOARD RESOLUTIONS - WAIHEKE ISLAND WASTE AND RECYCLING

    The Chair, Mr Ray Ericson and the Deputy Chair, Mr Tony Sears of the Waiheke Island Community Board spoke to this item and tabled a submission from the board.

    [ATTACHMENT 27A]  

    That the resolutions from the Waiheke Island Community Board meeting held on 27 August 2008 where an item was considered regarding Waiheke Island Waste and Recycling be received ie:

    1. That the resolutions of the City Development Committee, dated 14 August 2008, and the report from the Project Manager - Environment and Utility Management, dated 27 July 2008, be received.
    2. That due to concerns around the report of the Project Manager - Environment and Utility Management, dated 27 July 2008, not expressing the wishes of the community, or realistically addressing the issues of refuse and recycling collection on the island, the Waiheke Community Board requests the City Development Committee approve a public consultation process regarding the waste and recycling review on Waiheke Island, prior to the October 2008 meeting of the committee.
    3. That the Waiheke Community Board hold a public meeting in order to facilitate community-wide consultation, noting that the purpose of the meeting will be to consult with the community about recycling and waste proposals, and to seek feedback on waste reduction issues, as the Board considers the report of the Project Manager - Environment and Utility Management, dated 27 July 2008, does not express the wishes of the community, or realistically address the issue of refuse and recycling collection.
    4. That councillors on the City Development Committee and His Worship the Mayor be invited to attend the meeting.
    5. That these resolutions be forwarded to the 11 September 2008 meeting of the City Development Committee.

    Councillor Fryer moved the following amendment by way of addition:

    1. Receiving all of the above.
    2. That the City Development Committee approve a public consultation process regarding the waste and recycling review on Waiheke Island, prior to the 9 October 2008 committee meeting.

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Douglas Armstrong

    Cr Bill Christian

    Cr Peseta Sam Lotu-Iiga

    Cr Graeme Mulholland

    Cr Noelene Raffills


    Cr Mark Donnelly, His Worship the Mayor and Deputy Mayor David Hay were absent.

    The amendment was declared LOST by 5 votes to 1.

    The Chair put the substantive motion:

    1. That the resolutions from the Waiheke Island Community Board meeting held on 27 August 2008 be received.
    2. That the tabled Waiheke Island Community Board submission be received and that the Chair, Mr Ray Ericson and the Deputy Chair, Mr Tony Sears of the Waiheke Island Community Board be thanked for their attendance.
    3. That the City Development Committee:
      1. Support the officers investigating the mixed collection system involving both bins and bags;
      2. Support a trial of the collection system, subject to negotiations with the existing contractor;
      3. Notes that there is a public meeting on Waiheke Island on Saturday, 13 September 2008;
      4. Notes that the Chair of the City Development Committee has authorised release of the confidential report to the Waiheke Island Community Board members except for the commercial appendix;
      5. Notes that the outcome of items i to iv above be reported back to the Waiheke Island Community Board in the October/November 2008 meeting; and
      6. Notes that there will be ongoing consultation with the Waiheke Island Community Board during the evaluation of the Waiheke waste minimisation services.

    CARRIED

  28. Top FIREWORKS BAN RECOMMENDATION

    1. That the City Development Committee impose a fireworks ban within the Whenua Rangatira, including Okahu Bay, from 3 November 2008 - 6 November 2008.
    2. That the City Development Committee impose a fireworks ban within the Whenua Rangatira, including Okahu Bay, from 3 November 2008 - 6 November 2009.

    CARRIED

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

    1. 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 Boobs on Bikes injunction judgement 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)(a)

    The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

    In particular, this report constitutes sensitive legal advice, including a discussion of future legal strategies in respect of this particular issue.

    		 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 New Zealand Innovation Park Business Case 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 provides information regarding negotiations between council and two other parties on governance and funding of the NZIP and commercially sensitive information about potential tenant companies for the NZIP

    		 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 Te Wero Bridge Design Consultant Engagement 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)(b)(ii)

    The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

    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 contains commercially sensitive information i.e. prices that were submitted by the consultant in confidence and potential negotiation strategy implemented by council with the consultant. Such negotiations as yet are incomplete, therefore making available the information could unreasonably prejudice the commercial position of the consultant and/or council

    		 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.

    1. That Stephen Knuckey, Chief Advisor, Ministry of Economic Development be permitted to remain for item C2 of the confidential item regarding the New Zealand Innovation Business Case, so as to provide an update on the government's position with respect to the innovation park.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 2.03pm