Skip navigation
Council member and meetings
City Development Committee
Back to contents MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
CITY DEVELOPMENT COMMITTEE
HELD ON THURSDAY, 8 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
    Douglas Armstrong, QSO [Until 1.17pm, item 20
From 1.27pm, item 21]
    Leila Boyle  
    Bill Christian, JP [Until 10.25am, item 7
From 10.52am, item 11]
    Mark Donnelly  
    Glenda Fryer  
    Noelene Raffills [Until 11.37am, item 9
From 11.42am, item 12]
         
ALSO PRESENT: Deputy Mayor David Hay, JP [From 10.02am, item 6
Until 10.34am, item 7
From 10.42am, item 7
Until 11.50am, item 12]
  Dr Cathy Casey  
  Councillors Graeme Easte  
    Toni Millar, JP [From 10.26am, item 7
Until 11.45am, item 9
From 11.50am, item 15
Until 12.57pm, item 19
From 1.05pm, item 19]
    Richard Northey, ONZM [Until 1.15pm, item 20]
    Denise Roche [From 11.10am, item 8]

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the City Development Committee meeting held on Thursday, 10 September 2009 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    3.1 PACIFIC TSUNAMI

    Councillor Fryer moved:

    That the City Development Committee consider asking the chief executive of Auckland City Council, to report to Council on options for the council to respond appropriately to assisting recovery from the Pacific Tsunami as extraordinary business at item 29, for the reason that there is not another meeting of this committee prior to the 22 October Council meeting.

    CARRIED

  4. Top PUBLIC FORUM

    4.1 MARKETING ASSOCIATION - KEITH NORRIS AND PHANTOM BILL STICKERS - JAMIE HOLLOWAY

    Keith Norris from Marketing Association and Jamie Holloway from Phantom Bill Stickers spoke regarding issues raised by the submitters to the Signs Bylaw 2007 - review of poster boards.

    [ATTACHMENT 4.1]  

    That Keith Norris from Marketing Association and Jamie Holloway from Phantom Bill Stickers be thanked for their presentation regarding the Signs Bylaw 2007 - review of poster boards.

    CARRIED

  5. Top REPORTS REQUESTED PENDING

    That the reports requested/pending be received.

    CARRIED

    POLICY/MAJOR DECISIONS

  6. Top REVIEW OF AUCKLAND CITY COUNCIL DRAFT LIQUOR LICENSING POLICY AND SPECIAL CONSULTATIVE PROCEDURE

    1. That it be a recommendation to Council that the special consultative procedure, approved by Council on 27 August 2009 to inform the Auckland City Council draft liquor licensing policy cease at the closure of the written submission period on 7 October 2009.
    2. That the City Development Committee requests that officers report to the November 2009 meeting on the outcomes of the written submissions process and with options for the future development of liquor licensing policy for Auckland City Council, including different possible options for dealing separately with on-licences and off-licences.

    CARRIED

    Councillor Boyle and Councillor Christian neither spoke nor voted on this item.

  7. Top LAW COMMISSION SUBMISSION - LIQUOR LEGISLATION

    The Chairperson moved resolution A:

    1. That the Auckland City Council submits only on those matters that are within the council's powers and responsibilities under current legislation, in particular in its role as the District Licensing Agency.

    Councillor Boyle moved the following amendment be way of replacement:

    1. That the Auckland City Council submits only principally on those matters that are within the council's powers and responsibilities under current legislation, in particular in its role as the District Licensing Agency but, as the council has a responsibility to advocate for the wider well being of the Auckland city community, the Auckland City Council submits on other important matters raised in the review which are not within the council's regulatory powers and responsibilities.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Mark Donnelly

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Graeme Mulholland

    Deputy Mayor David Hay

    Cr Aaron Bhatnagar


    Cr Bill Christian and Cr Noelene Raffills abstained from voting.

    His Worship the Mayor was absent.

    The amendment was declared LOST by 4 votes to 3, with 2 abstentions.

    The chairperson put the substantive motion to resolution A:

    1. That the Auckland City Council submits only on those matters that are within the council's powers and responsibilities under current legislation, in particular in its role as the District Licensing Agency.

    CARRIED

    Councillor Boyle neither spoke nor voted on the substantive motion to resolution A .

    The chairperson moved B - E:

    1. That the City Development Committee notes that in addition to the basic premise that there should be greater local control over the sale and supply of liquor, the guiding principles used to draft the council's submission taken from the Auckland City alcohol strategy are:
      1. that council has a role to play in the reduction of alcohol related harm in Auckland city
      2. that alcohol related harm reduction will be best achieved through working in partnership with the community and other key stakeholders including police, health promotion agencies, emergency services and licensees
      3. that alcohol related activities should be able to occur with minimal risk of harm to drinkers, minors and the community at large
      4. that council's focus on the reduction of alcohol related harm recognises the legality of the sale and use of liquor and its place in entertainment, and council's overall goal to make Auckland an exciting and vibrant place to live and a prosperous economic centre
      5. that, in order to be as effective as possible, a variety of strategies should be adopted to reduce alcohol related harm. These include education, relationship building, regulation and community action
      6. that actions relating to supply control, demand reduction and problem limitation should co-exist in order to reduce alcohol related harm.
    2. That the City Development Committee notes the council's existing framework for liquor related issues, which is:
      1. the Sale of Liquor Act 1989 (which guides the council in its role as the Auckland city District Licensing Agency)
      2. the Auckland City alcohol strategy adopted in 2006 (including activities such as liquor bans and alcohol accords).
    3. That the City Development Committee approves the Auckland City Council submission to the Law Commission on the report 'Alcohol in Our Lives: an Issues Paper on the reform of New Zealand's Liquor Laws' attached as Appendix Two, with the following amendments:
      1. Amend 3.3.33:
        1. to note the council's concern with the breadth of the extended grounds on which licence applications and renewals may be refused by the District Licensing Agency, as suggested by the commission, as too general and undefined and liable to be exploited by competitors, notwithstanding the proposed controls on prejudicing commercial interests;
        2. That the Law Commission consider the issue of local boards under a combined new Auckland city and any possible role they may have in setting local alcohol plans or liquor policy, including the devolution of powers to local communities to set local policies relating to opening hours and other controls on the sale of liquor;
      2. Amend 3.1.1

        fourth bullet point, add "and of communities" after "industry and consumers".

      3. Amend 5.1

        public involvement in liquor licensing decisions, second bullet point, to read at the end "broadened and clearly set out in the legislation".

    4. That the City Development Committee delegates to the chairperson of the committee, authority to make and approve any amendments to the submission arising from the committee meeting, noting that this will be in conjunction with the chairperson of the Community Services Committee and Councillor Fryer.

    Councillor Fryer moved the following amendment by way of addition to D:

    1. That the City Development Committee approves the Auckland City Council submission to the Law Commission on the report 'Alcohol in Our Lives: an Issues Paper on the reform of New Zealand's Liquor Laws' attached as Appendix Two, with the following amendments:
      1. Amend 3.3.33
        • That the Law Commission consider the issue of local boards under a combined new Auckland city and any possible role they may have in setting local alcohol plans or liquor policy, including the devolution of powers to local communities to set local policies relating to opening hours and other controls on the sale of liquor.
      2. Amend 3.3.4 and 3.3.15
        • Abolish separate club licenses and amalgamate them into on-licence provisions.

    LOST

    The chairperson put the substantive motion:

    1. That the Auckland City Council submits only on those matters that are within the council's powers and responsibilities under current legislation, in particular in its role as the District Licensing Agency.
    2. That the City Development Committee notes that in addition to the basic premise that there should be greater local control over the sale and supply of liquor, the guiding principles used to draft the council's submission taken from the Auckland City alcohol strategy are:
      1. that council has a role to play in the reduction of alcohol related harm in Auckland city
      2. that alcohol related harm reduction will be best achieved through working in partnership with the community and other key stakeholders including police, health promotion agencies, emergency services and licensees
      3. that alcohol related activities should be able to occur with minimal risk of harm to drinkers, minors and the community at large
      4. that council's focus on the reduction of alcohol related harm recognises the legality of the sale and use of liquor and its place in entertainment, and council's overall goal to make Auckland an exciting and vibrant place to live and a prosperous economic centre
      5. that, in order to be as effective as possible, a variety of strategies should be adopted to reduce alcohol related harm. These include education, relationship building, regulation and community action
      6. that actions relating to supply control, demand reduction and problem limitation should co-exist in order to reduce alcohol related harm.
    3. That the City Development Committee notes the council's existing framework for liquor related issues, which is:
      1. the Sale of Liquor Act 1989 (which guides the council in its role as the Auckland city District Licensing Agency)
      2. the Auckland City alcohol strategy adopted in 2006 (including activities such as liquor bans and alcohol accords).
    4. That the City Development Committee approves the Auckland City Council submission to the Law Commission on the report 'Alcohol in Our Lives: an Issues Paper on the reform of New Zealand's Liquor Laws' attached as Appendix Two, with the following amendments:
      1. Amend 3.3.33:
        1. to note the council's concern with the breadth of the extended grounds on which licence applications and renewals may be refused by the District Licensing Agency, as suggested by the commission, as too general and undefined and liable to be exploited by competitors, notwithstanding the proposed controls on prejudicing commercial interests;
        2. That the Law Commission consider the issue of local boards under a combined new Auckland city and any possible role they may have in setting local alcohol plans or liquor policy, including the devolution of powers to local communities to set local policies relating to opening hours and other controls on the sale of liquor;
      2. Amend 3.1.1

        fourth bullet point, add "and of communities" after "industry and consumers".

      3. Amend 5.1

        public involvement in liquor licensing decisions, second bullet point, to read at the end "broadened and clearly set out in the legislation".

    5. That the City Development Committee delegates to the chairperson of the committee, authority to make and approve any amendments to the submission arising from the committee meeting, noting that this will be in conjunction with the chairperson of the Community Services Committee and Councillor Fryer.

    CARRIED

    Councillor Raffills neither spoke nor voted on this item.

    Councillor Boyle declared her membership of the Mount Wellington Licensing Trust and did not speak on any issues regarding licensing.

    Councillor Christian declared his membership of the Mount Wellington Licensing Trust and neither spoke nor voted on this item.

    That item 11 be taken at this point.

    CARRIED

  8. Top WATERFRONT UPDATE - QUEENS WHARF AND MARINE EVENTS CENTRE

    The chairperson moved:

    That the City Development Committee notes:

    1. that Stage 1 of the Queens Wharf design competition has been completed.
    2. that five designs have been shortlisted. The five finalists are design numbers 024 (Andrius Gedgaudas, Architect, Shanghai China), 046 (Den Aitken, Pete Griffins and Hamish Foote, Field Landscape Architecture, Auckland), 170 (David Gibbs and Aaron Sills, Construkt / SVB, Auckland), 195 (John Coop, Tasman Studio, Auckland) and 216 (Simon Williams, Williams Architects Ltd, Auckland).
    3. that three expressions of interest (EOI) submissions have been selected as finalists. The finalist teams are Tasman Studios, Jasmax + Architectus and the Water-shed team.
    4. that in Stage 2, the finalists will develop their designs further, taking into account public feedback from over 2,000 forms received and the 13 specific factors identified by the advisory panel as critical to achieving the objectives of the development.
    5. that over 4,000 people have physically viewed the display of the designs at the Union Fish Building and there have been over 32,000 hits on the competition website.
    6. that the design brief for stages one and two requires the participants and assessors to take appropriate account of the South Pacific environment and cultural mix of Auckland in their final designs of Queens Wharf.
    7. that the Auckland Regional Council (ARC) has granted a resource consent for the Marine Events Centre and that the appeal period closed on 30 September 2009 with only three appeals.

    Councillor Fryer moved the following amendment by way of addition:

    1. That the Council appoint Government and Ngati Whatua nominated Maori architect Rau Hoskins to be a judge on Stage 2 of the Queen's Wharf design.

    The chairperson ruled the amendment out of order, pursuant to standing order 1.3. as the matter had been dealt with separately.

    The chairperson moved the substantive motion:

    That the City Development Committee notes:

    1. that Stage 1 of the Queens Wharf design competition has been completed.
    2. that five designs have been shortlisted. The five finalists are design numbers 024 (Andrius Gedgaudas, Architect, Shanghai China), 046 (Den Aitken, Pete Griffins and Hamish Foote, Field Landscape Architecture, Auckland), 170 (David Gibbs and Aaron Sills, Construkt / SVB, Auckland), 195 (John Coop, Tasman Studio, Auckland) and 216 (Simon Williams, Williams Architects Ltd, Auckland).
    3. that three expressions of interest (EOI) submissions have been selected as finalists. The finalist teams are Tasman Studios, Jasmax + Architectus and the Water-shed team.
    4. that in Stage 2, the finalists will develop their designs further, taking into account public feedback from over 2,000 forms received and the 13 specific factors identified by the advisory panel as critical to achieving the objectives of the development.
    5. that over 4,000 people have physically viewed the display of the designs at the Union Fish Building and there have been over 32,000 hits on the competition website.
    6. that the design brief for stages one and two requires the participants and assessors to take appropriate account of the South Pacific environment and cultural mix of Auckland in their final designs of Queens Wharf.
    7. that the Auckland Regional Council (ARC) has granted a resource consent for the Marine Events Centre and that the appeal period closed on 30 September 2009 with only three appeals.

    CARRIED

  9. Top ISTHMUS DISTRICT PLAN PROPOSED PRIVATE PLAN CHANGE 260 ORAKEI POINT - NOTIFICATION REPORT

    Kerry Knight from the Redwood Group was in attendance to answer questions.

    The chairperson moved:

    1. That the City Development Committee notes:
      1. that this report fulfils a statutory requirement under Clause 25 of the First Schedule of the Resource Management Act 1991 (the Act). This clause requires the council to consider private plan change applications and their notification.
      2. that the proposed plan change seeks to rezone land at Orakei Point to a combination of a new mixed use zone and open space 2. This plan change has been informed by a master planning process, and will enable the comprehensive redevelopment of the site maximising opportunities presented by the site while considering its natural, landscape and heritage values.
      3. the importance of integrated transit-oriented development at Orakei Point, to ensure that the redevelopment of the site will deliver high quality outcomes for the area and city rather than the potential fragmented development under the status quo.
      4. the following public benefits of the proposed comprehensive development of Orakei Point:
        1. comprehensive development of the land, which is in several titles and which may otherwise be redeveloped in an ad-hoc manner on a site by site basis, and therefore would be less able to deliver public benefits and the same level of design quality
        2. provision of public open spaces, including parks and plazas and enhanced access to the coast
        3. improvements to the rail station environment, encouraging public transport patronage amongst residents and improving access for visitors to the site
        4. enhanced pedestrian facilities around and through the site
        5. improvements to the roading network
        6. provision for a mixed use community that is an attractive place to live, work and visit
    2. That the City Development Committee adopts proposed plan modification 260: Orakei Point (attachment 1) as a public plan change to the Auckland City Council District Plan: Isthmus Section under clause 25 of the first schedule of the Resource Management Act 1991 due to the public benefits outlined in (iv) above and that the applicant, Orakei Point Trust be advised of this.
    3. That the manager, outer isthmus, be authorised to commence the necessary statutory procedures for the public notification of proposed plan modification 260: Orakei Point.
    4. That the notification of proposed plan modification 260 be initiated once the general manager City Development is satisfied that sufficient progress has been made on the commercial agreement between the council and the current developer of Orakei Point.
    5. That the City Development Committee appoints a maximum of three independent commissioners to hear submissions and make recommendations to Council in relation to proposed plan modification 260.

    Councillor Boyle moved the following amendment by way of addition to (iv):

    1. the following public benefits of the proposed comprehensive development of Orakei Point:
      1. improvements to the rail station environment, encouraging public transport patronage amongst residents and improving access for visitors to the site, including minimising the impact of freight train movements on the passenger environment

    LOST

    The chairperson put the substantive motion:

    1. That the City Development Committee notes:
      1. that this report fulfils a statutory requirement under Clause 25 of the First Schedule of the Resource Management Act 1991 (the Act). This clause requires the council to consider private plan change applications and their notification.
      2. that the proposed plan change seeks to rezone land at Orakei Point to a combination of a new mixed use zone and open space 2. This plan change has been informed by a master planning process, and will enable the comprehensive redevelopment of the site maximising opportunities presented by the site while considering its natural, landscape and heritage values.
      3. the importance of integrated transit-oriented development at Orakei Point, to ensure that the redevelopment of the site will deliver high quality outcomes for the area and city rather than the potential fragmented development under the status quo.
      4. the following public benefits of the proposed comprehensive development of Orakei Point:
        1. comprehensive development of the land, which is in several titles and which may otherwise be redeveloped in an ad-hoc manner on a site by site basis, and therefore would be less able to deliver public benefits and the same level of design quality
        2. provision of public open spaces, including parks and plazas and enhanced access to the coast
        3. improvements to the rail station environment, encouraging public transport patronage amongst residents and improving access for visitors to the site
        4. enhanced pedestrian facilities around and through the site
        5. improvements to the roading network
        6. provision for a mixed use community that is an attractive place to live, work and visit
    2. That the City Development Committee adopts proposed plan modification 260: Orakei Point (attachment 1) as a public plan change to the Auckland City Council District Plan: Isthmus Section under clause 25 of the first schedule of the Resource Management Act 1991 due to the public benefits outlined in (iv) above and that the applicant, Orakei Point Trust be advised of this.
    3. That the manager, outer isthmus, be authorised to commence the necessary statutory procedures for the public notification of proposed plan modification 260: Orakei Point.
    4. That the notification of proposed plan modification 260 be initiated once the general manager City Development is satisfied that sufficient progress has been made on the commercial agreement between the council and the current developer of Orakei Point.
    5. That the City Development Committee appoints a maximum of three independent commissioners to hear submissions and make recommendations to Council in relation to proposed plan modification 260.

    CARRIED

  10. Top DISTRICT PLAN (CENTRAL AREA): PROPOSED PLAN MODIFICATION 35 - CLARIFYING THE PROVISIONS FOR ACCOMMODATION

    1. That the City Development Committee notes the need to amend the Central Area district plan to correct the current inconsistencies relating to accommodation and non permanent accommodation.
    2. That the City Development Committee endorses the notification of proposed plan modification 35: Clarifying the Provisions for Accommodation and Minor Amendments to the Quay Park Precinct, which introduces a new definition for non permanent accommodation and amended definition for accommodation (permanent), and clarifies the rules and assessment criteria that apply to these activities.
    3. That the City Development Committee endorses the section 32 report for proposed plan modification 35.
    4. That the manager, central area planning be authorised to commence the necessary statutory procedures to notify proposed plan modification 35 for public submissions.
    5. That the City Development Committee appoints three commissioners to hear submissions and make recommendations to council in relation to proposed plan modification 35, in accordance with the 'Appointment of Commissioner' process.

    CARRIED

  11. Top SIGNS BYLAW 2007 - REVIEW OF POSTER BOARDS

    The chairperson moved:

    1. That the City Development Committee notes that:
      1. the existing bylaw prevents:
        1. posters being displayed on private land except on the inside of an occupied shop or on a dedicated poster board or poster site approved by the council and with the approval of the owner or occupier
        2. posters being displayed on public land, except at locations set aside for that purpose by a resolution of the relevant community board and in accordance with any conditions set by that resolution
      2. the existing bylaw defines a poster as a temporary sign of 1.5 square metres or less, including a placard, leaflet, flyer or communication device of a like nature, which is directly affixed (without the need for a supporting structure) to walls, buildings or structures, furniture, utilities, traffic signage or placed on any car windscreen, the message of which does not relate to the site or place where the poster is displayed
      3. on 5 July 2009 the City Development Committee appointed Councillors Bhatnagar, Mulholland and Fryer to hear submissions and deliberate on proposed amendments to the Signs Bylaw relating to real estate signs, and any proposed amendments dealing with poster boards arising from subsequent meetings;
      4. this report addresses the council's intended purpose for posters, issues regarding the approval of private poster boards, and the opportunity to work with one or more private sector partners in the provision of poster sites on public land;
    2. That the City Development Committee resolves that:
      1. clause 27.3.7 of the Auckland City Council Signs Bylaw 2007 be amended by inserting a new clause that provides that a poster can only advertise a forthcoming artistic, cultural, religious, community or sporting event except where the council approves an exception to these rules and include an explanatory note that posters may include sponsor branding;
      2. that the definition of a poster board / poster board site in the definitions clause of the Auckland City Council Signs Bylaw 2007 be amended to clarify that poster bollards and poster wraps are included as poster boards / poster board sites;
      3. that the attached Auckland City Council Signs Amendment Bylaw No 3 of 2009 (Appendix 3) and the corresponding statement of proposal (Appendix 2) be endorsed
      4. the proposed draft standards and conditions for the location and construction of poster sites on private land in Auckland city contained in Appendix 1 be approved; and
      5. officers commence the preparation of tender documents for the provision of poster sites on public land consistent with the following requirements:
        1. that the process be in accordance with the council's existing procedures unless by further council resolution or as otherwise requested by the Auckland Transition Authority;
        2. the existing role of community boards in the approval of public poster sites be applied in the selection of poster sites;
        3. the tender documents and the terms of any subsequent contract provide certainty to the council on the benefits that justify the exclusive use of any approved sites by a successful tender, including the good management of each site and surrounds, control of unapproved posters and graffiti in the vicinity of each site, the level of use for not-for-profit organisations of approved public sites, and any efficiencies or cost savings by the council.
        4. the terms under which structures (e.g. bollards, wraps) are designed, placed and where necessary removed or relocated.
      6. any advice on the issues and recommendations received from the Auckland Transition Authority following the committee meeting is reflected in a further report.
    3. That it be a recommendation to Council:

    That the Auckland City Council Signs Amendment Bylaw No 3 of 2009 and the corresponding statement of proposal be approved and the special consultative procedure to gain public feedback on the proposed amendment be commenced.

    Councillor Fryer moved the following amendment by way of addition to B (i):

    1. That the City Development Committee resolves that:
      1. clause 27.3.7 of the Auckland City Council Signs Bylaw 2007 be amended by inserting a new clause that provides that a poster can only advertise a forthcoming artistic, cultural, religious, community or sporting event except where the council approves an exception to these rules and include an explanatory note that posters may include sponsor branding; provided the brand does not cover more than 10% of the surface area of the poster and excludes alcohol or gambling products

    LOST

    Councillor Boyle declared a conflict of interest and neither spoke nor voted on this amendment.

    The chairperson put the substantive motion:

    1. That the City Development Committee notes that:
      1. the existing bylaw prevents:
        1. posters being displayed on private land except on the inside of an occupied shop or on a dedicated poster board or poster site approved by the council and with the approval of the owner or occupier
        2. posters being displayed on public land, except at locations set aside for that purpose by a resolution of the relevant community board and in accordance with any conditions set by that resolution
      2. the existing bylaw defines a poster as a temporary sign of 1.5 square metres or less, including a placard, leaflet, flyer or communication device of a like nature, which is directly affixed (without the need for a supporting structure) to walls, buildings or structures, furniture, utilities, traffic signage or placed on any car windscreen, the message of which does not relate to the site or place where the poster is displayed
      3. (iii). on 5 July 2009 the City Development Committee appointed Councillors Bhatnagar, Mulholland and Fryer to hear submissions and deliberate on proposed amendments to the Signs Bylaw relating to real estate signs, and any proposed amendments dealing with poster boards arising from subsequent meetings;
      4. (iv). this report addresses the council's intended purpose for posters, issues regarding the approval of private poster boards, and the opportunity to work with one or more private sector partners in the provision of poster sites on public land;
    2. That the City Development Committee resolves that:
      1. (i). clause 27.3.7 of the Auckland City Council Signs Bylaw 2007 be amended by inserting a new clause that provides that a poster can only advertise a forthcoming artistic, cultural, religious, community or sporting event except where the council approves an exception to these rules and include an explanatory note that posters may include sponsor branding
      2. that the definition of a poster board / poster board site in the definitions clause of the Auckland City Council Signs Bylaw 2007 be amended to clarify that poster bollards and poster wraps are included as poster boards / poster board sites
      3. that the attached Auckland City Council Signs Amendment Bylaw No 3 of 2009 (Appendix 3) and the corresponding statement of proposal (Appendix 2) be endorsed
      4. the proposed draft standards and conditions for the location and construction of poster sites on private land in Auckland city contained in Appendix 1 be approved; and
      5. officers commence the preparation of tender documents for the provision of poster sites on public land consistent with the following requirements:
        1. that the process be in accordance with the council's existing procedures unless by further council resolution or as otherwise requested by the Auckland Transition Authority
        2. the existing role of community boards in the approval of public poster sites be applied in the selection of poster sites
        3. the tender documents and the terms of any subsequent contract provide certainty to the council on the benefits that justify the exclusive use of any approved sites by a successful tender, including the good management of each site and surrounds, control of unapproved posters and graffiti in the vicinity of each site, the level of use for not-for-profit organisations of approved public sites, and any efficiencies or cost savings by the council
        4. the terms under which structures (e.g. bollards, wraps) are designed, placed and where necessary removed or relocated.
      6. any advice on the issues and recommendations received from the Auckland Transition Authority following the committee meeting is reflected in a further report.
    3. That the explanatory material of the draft bylaw particularly seek public feedback on:
      1. whether general commercial advertising should be allowed on poster boards
      2. the nature of any advertising and/or sponsorship which would be inappropriate from the community's perspective, for example alcohol/gambling advertising.
    4. That it be a recommendation to Council:

    That the Auckland City Council Signs Amendment Bylaw No 3 of 2009 and the corresponding statement of proposal be approved and the special consultative procedure to gain public feedback on the proposed amendment be commenced.

    CARRIED

  12. Top EDEN PARK PRECINCT PLAN FINALISATION

    The chairperson moved:

    1. That the City Development Committee notes the importance of the Rugby World Cup, and recognises that the environs and infrastructure surrounding Eden Park are integral to the successful delivery of the event for residents and visitors.
    2. That the City Development Committee notes that the precinct plan is a non-statutory document.
    3. That the City Development Committee endorses the Eden Park precinct plan, which describes a suite of projects within a geographical area that are happening outside the boundaries of Eden Park itself with the objectives to:
      1. enhance the safety of stadium users and the community
      2. facilitate or support the successful operation of the stadium
      3. leave a positive legacy for the community
      4. enhance the presentation of the precinct to visitors and the community.

    Councillor Fryer moved the following amendment by way of addition to C:

    1. That the City Development Committee endorses the Eden Park precinct plan, while providing that any Link Lane be restricted to pedestrian use only, and providing for more extensive undergrounding of power lines, commencing with Bellwood Avenue which describes a suite of projects within a geographical area that are happening outside the boundaries of Eden Park itself with the objectives to:
      1. enhance the safety of stadium users and the community
      2. facilitate or support the successful operation of the stadium
      3. leave a positive legacy for the community
      4. enhance the presentation of the precinct to visitors and the community.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Mark Donnelly

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Bill Christian

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    The amendment was declared LOST by 5 votes to 3.

    The chairperson put the substantive motion:

    1. That the City Development Committee notes the importance of the Rugby World Cup, and recognises that the environs and infrastructure surrounding Eden Park are integral to the successful delivery of the event for residents and visitors.
    2. That the City Development Committee notes that the precinct plan is a non-statutory document.
    3. That the City Development Committee endorses the Eden Park precinct plan, which describes a suite of projects within a geographical area that are happening outside the boundaries of Eden Park itself with the objectives to:
      1. enhance the safety of stadium users and the community
      2. facilitate or support the successful operation of the stadium
      3. leave a positive legacy for the community
      4. enhance the presentation of the precinct to visitors and the community.

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

    For the Motion: Against the Motion:
    Cr Douglas Armstrong

    Cr Bill Christian

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar

    		 Cr Leila Boyle

    Cr Mark Donnelly

    Cr Glenda Fryer


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    The motion was declared CARRIED by 5 votes to 3, with 2 abstentions.

  13. Top REVIEW OF UPDATED CITY DEVELOPMENT SERVICE PROFILES

    1. That the City Development Committee reviews the updated service profiles for the Auckland City Environments, CBD Projects, City Planning, Economic Development, Environmental and Utility Management, Urban Design and Waterfront groups of Auckland City Council and confirms any services it wishes to review in more detail.
    2. That councillors be requested to provide any feedback regarding the City Development service profiles to officers by 5pm, Thursday, 15 October 2009.

    CARRIED

  14. Top CBD INTO THE FUTURE STRATEGY - SERVICE PROFILE

    That the memorandum of the group manager, CBD Projects dated 18 September 2009 regarding Auckland's CBD into the future be received as background information to assist with consideration of the CBD Projects' service profile which is reported separately to the October City Development Committee.

    CARRIED

    Secretarial note:

    Items 13 and 14 were taken together.

    The chairperson adjourned the meeting at 12.17pm and reconvened it at 12.22pm.

    That item 16 be taken at this point.

    CARRIED

    BUDGET/FINANCIAL

  15. Top DEVELOPMENT CONTRIBUTIONS, GROWTH FORECASTS, REVENUE AND PROPOSED WORK PROGRAMME

    The chairperson moved:

    That the City Development Committee:

    1. notes that the development contributions policy has now been in place for four years, and has over that time generated $51 million of cash revenue towards the cost of capital projects that the city has carried out (or planned) to handle the increased demand arising from growth and $7 million value of land.
    2. notes that based on current expectations for development activity contributions revenue will be insufficient to fund the currently planned expenditure, with a shortfall estimated at $2.8 million for the 2010 financial year and $3.7 million the year after.
    3. notes that the council's past practice has been to amend the development contributions policy each year to ensure it reflects up to date information.
    4. agrees that officers progress the development contributions work programme outlined in the report of the manager development contributions policy dated 16 September 2009, (including monitoring development levels; evaluating appropriate per-unit charges; seeking to better align the policy with the council's growth strategy; targeted communication and seeking to streamline the transition to the Auckland Council), with the results of that work leading to proposed policy amendments to be considered in 2010, through the special consultative procedure, and that one of the options include a proposal that development contributions do not increase beyond council's rate of inflation, and that the timing of project implementation be correspondingly related to income levels.
    5. agrees that the proposed policy amendments be brought back to the appropriate committees for consideration in November and December 2009.

    Councillor Boyle moved the following amendment by way of replacement to (D):

    1. agrees that officers progress the development contributions work programme outlined in the report of the manager development contributions policy dated 16 September 2009, (including monitoring development levels; evaluating appropriate per-unit charges; seeking to better align the policy with the council's growth strategy; targeted communication and seeking to streamline the transition to the Auckland Council), with the results of that work leading to proposed policy amendments to be considered in 2010, through the special consultative procedure.

    LOST

    The chairperson put the substantive motion:

    That the City Development Committee:

    1. notes that the development contributions policy has now been in place for four years, and has over that time generated $51 million of cash revenue towards the cost of capital projects that the city has carried out (or planned) to handle the increased demand arising from growth and $7 million value of land.
    2. notes that based on current expectations for development activity contributions revenue will be insufficient to fund the currently planned expenditure, with a shortfall estimated at $2.8 million for the 2010 financial year and $3.7 million the year after.
    3. notes that the council's past practice has been to amend the development contributions policy each year to ensure it reflects up to date information.
    4. agrees that officers progress the development contributions work programme outlined in the report of the manager development contributions policy dated 16 September 2009, (including monitoring development levels; evaluating appropriate per-unit charges; seeking to better align the policy with the council's growth strategy; targeted communication and seeking to streamline the transition to the Auckland Council), with the results of that work leading to proposed policy amendments to be considered in 2010, through the special consultative procedure, and that one of the options include a proposal that development contributions do not increase beyond council's rate of inflation, and that the timing of project implementation be correspondingly related to income levels.
    5. agrees that the proposed policy amendments be brought back to the appropriate committees for consideration in November and December 2009.

    CARRIED

  16. Top CITY AMBASSADORS

    Michelle Dodd from Heart of the City was in attendance and spoke to this item.

    The chairperson moved:

    1. That the City Development Committee notes that the decision to hand over the City Ambassadors' programme to Heart of the City was based on the need to prioritise council spending.
    2. That the City Development Committee notes that there is no budget in the 2009-2010 ten-year plan to fund the City Ambassadors' programme.
    3. That the council does not commit at this time long term funding for the City Ambassador programme, however, to ensure effective transition of the programme, a one-off grant of $75,000 to Heart of the City be approved by the City Development Committee to cover a share of ambassador salary costs for the period from 1 November 2009 to 31 October 2010.
    4. That the issue of the future funding from 31 October 2010 of the City Ambassador programme be considered at the forthcoming annual plan direction setting meetings.

    Councillor Fryer moved the following amendment by way of replacement:

    That resolutions C and D be replaced by:

    That the City Development Committee supports a grant of $75,000 to Heart of the City to cover a share of City Ambassador salary costs for the period from 1 November 2009 to 31 October 2010 and that a further $75,000 annually be provided for in the APDS , subject to a review at the conclusion of Rugby World Cup 2011.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Bill Christian

    Cr Mark Donnelly

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    Voting in the division was TIED with 4 votes for and against. The chairperson exercised his casting vote against the amendment. The amendment was declared LOST by 5 votes to 4.

    The chairperson put the substantive motion:

    1. That the City Development Committee notes that the decision to hand over the City Ambassadors' programme to Heart of the City was based on the need to prioritise council spending.
    2. That the City Development Committee notes that there is no budget in the 2009-2010 ten-year plan to fund the City Ambassadors' programme.
    3. That the council does not commit at this time long term funding for the City Ambassador programme, however, to ensure effective transition of the programme, a one-off grant of $75,000 to Heart of the City be approved by the City Development Committee to cover a share of ambassador salary costs for the period from 1 November 2009 to 31 October 2010.
    4. That the issue of the future funding from 31 October 2010 of the City Ambassador programme be considered at the forthcoming annual plan direction setting meetings.

    CARRIED

    PROCEDURAL

  17. Top VARIATION 29 SCHEDULING OF FITZROY HOTEL 75 WAKEFIELD STREET

    1. That the City Development Committee notes the importance of the protection variation 29 gives to Ashington House (former Fitzroy Hotel) at 75-77 Wakefield Street by scheduling it as a Category A building in the Auckland City District Plan (Central Area Section). The Category A scheduling was recently approved by the Environment Court.
    2. That the manager, central area planning, be authorised to commence the necessary statutory procedures statutory processes required to make variation 29 operative.
    3. That the City Development Committee recommends to Council:

    That approval be given for variation 29 to list Ashington House (formerly Fitzroy Hotel) at 75-77 Wakefield Street as a Category A building under Appendix 1 Schedule A: Buildings, Heritage Properties or Places of Special Value to the Auckland City District Plan (Central Area Section) with a score of 98 points, in order that variation 29 can be made operative.

    CARRIED

    INFORMATION

  18. Top HAURAKI GULF FORUM ANNUAL REPORT

    1. That the City Development Committee notes that the Hauraki Gulf Forum has published their annual report for the July 2008 - June 2009 period to provide an update of the forum's achievements over the year and what lies ahead in the work program for the upcoming year. The purposes of the forum are to integrate the management of the Hauraki Gulf and to facilitate communication, co-operation and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf.

      The six project areas for the 2008-2009 work plan were:

      • Environmental indicators
      • Cultural heritage management
      • Planning guidance
      • Communications
      • Applying kawa
      • Community shellfish monitoring
    2. That the information report on the annual report of the Hauraki Gulf Forum for the 2008-2009 year be received.

    CARRIED

  19. Top FINAL INFRASTRUCTURE BILL SUBMISSION

    The chairperson moved:

    That Auckland City Council's submission on the Infrastructure Bill, dated 18 September 2009 be received.

    Councillor Fryer moved the following amendment by way of addition:

    That Auckland City Council's submission on the Infrastructure Bill, dated 18 September 2009 be received and that Parliament be notified of the following additions and amendments to the submission:

    3.1.7 Auckland City submits that the Bill be amended by adding a provision empowering local authorities to develop and require stricter standards for microwave and other radiation exposure than is required by national standards for cellphone towers and other utilities particularly when children and invalids are exposed to the radiation.  The Bill should also require consultation by all Telcos with residents and property owners near the proposed installation and their concerns taken into account to the extent practicable.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Bill Christian

    Cr Mark Donnelly

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    The amendment was declared LOST by 6 votes to 2.

    Councillor Boyle moved the following amendment by way of addition:

    That Auckland City Council's submission on the Infrastructure Bill, dated 18 September 2009 be received and that Parliament be notified of the following additions and amendments to the submission:

    3.1 Amendments relating to affordable housing (Part 4)

    Replace 3.3.1 and 3.3.2 with the following amended words:

    3.1.1 Auckland City does not support the repeal of the Affordable Housing: Enabling Territorial Authorities Act 2008 (the Act) as outlined in Part 4, but recognise that the Act requires substantial amendments effectively to achieve its purpose. We advocate amendments to the Act:

    • to require the Act apply across all urban areas in a region as determined by its regional council
    • to fund the additional cost on territorial authorities and regional councils from Central Government
    • to reduce compliance costs and bureaucratic requirements
    • to eliminate RMA and analogous appeals, and
    • to make the law more similar to the way in which inclusionary zoning is effectively applied in Vancouver, Brisbane, Melbourne, Adelaide and Perth.

    3.1.2 Auckland City believes that an appropriately amended Affordable Housing: Enabling Territorial Authorities Act is still very much required. In many growing urban areas of New Zealand, including Auckland, Tauranga, Nelson and Queenstown lower income working people cannot secure housing they can afford near the places they work and consequently both they and the regional economies suffer substantial loss. The same is true for those with mental or other long-term illnesses or disability who particularly need to be near both their work and their support services. Inclusionary zoning policies have proved very successful in the major centres in Australia, Canada and Britain in ensuring well-integrated mixed income developments with huge social, economic and urban design benefits. Strengthening and amending the Act appropriately will enable regional, city and district councils to pursue and implement appropriate New Zealand solutions to the housing crisis.

    LOST

    The chairperson put the substantive motion:

    That Auckland City Council's submission on the Infrastructure Bill, dated 18 September 2009 be received.

    CARRIED

  20. Top CITY PLANNING GROUP QUARTERLY REPORT

    That the City Planning group's quarterly report for the period June to August 2009 be received.

    CARRIED

  21. Top ENVIRONMENTAL AND UTILITY MANAGEMENT FIRST QUARTER REPORT OCTOBER 2009

    That the Environmental and Utility Management Group first quarter report be received.

    CARRIED

  22. Top UPDATE ON WAIHEKE ISLAND WASTE AND RECYCLING SERVICES.

    The chairperson moved:

    1. That the City Development Committee notes that significant numbers of ratepayers responding to the refuse and recycling container choice preference have selected either one or two bins such that the hybrid bin/bag service is now viable.
    2. That the City Development Committee endorses the procurement and distribution of bins to those households who have indicated that this is their service preference.
    3. That the City Development Committee notes that if a ratepayer has requested a bin and finds they are unable to utilise the bin, then the council will use its best endeavours to accommodate the ratepayer's request.
    4. That these resolutions be forwarded to the Waiheke Community Board for its information.

    Councillor Boyle moved the following amendment by way of addition to B:

    1. That the City Development Committee endorses the procurement and distribution of bins to those households who have indicated that this is their service preference and that such procurement be deferred until after this Council term.

    LOST

    Councillor Fryer moved the following amendment by way of addition to E:

    1. That procurement and distribution of bins to Waiheke ratepayers be deferred until the ratepayers who have chosen bins for their waste and/or recycling have been informed of their proposed new collection day and have been made aware of the legal and other consequences of not collecting their bins from the street promptly.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Bill Christian

    Cr Mark Donnelly

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    The amendment was declared LOST by 6 votes to 2.

    The chairperson put the substantive motion:

    1. That the City Development Committee notes that significant numbers of ratepayers responding to the refuse and recycling container choice preference have selected either one or two bins such that the hybrid bin/bag service is now viable.
    2. That the City Development Committee endorses the procurement and distribution of bins to those households who have indicated that this is their service preference.
    3. That the City Development Committee notes that if a ratepayer has requested a bin and finds they are unable to utilise the bin, then the council will use its best endeavours to accommodate the ratepayer's request.
    4. That these resolutions be forwarded to the Waiheke Community Board for its information.

    CARRIED

    Secretarial note:

    Items 22 and 26 were taken together.

  23. Top METROWATER - WET WEATHER OVERFLOW MEASURE

    That the memorandum of the manager water policy & assets dated 22 September 2009 be received and that it be noted that an appropriate reduction target be adopted for 2010.

    CARRIED

  24. Top URGENT DECISION - DEFINITION OF TREE TRIMMING AS A RESULT OF THE RESOURCE MANAGEMENT (SIMPLIFYING AND STREAMLINING) AMENDMENT ACT PROVISIONS

    The chairperson moved:

    That the urgent decision regarding definition of tree trimming as a result of the resource management (simplifying and streamlining) Amendment Act provisions be noted i.e:

    1. That the City Development Committee notes that Parliament has passed the Resource Management (Simplifying and Streamlining) Bill but as at 18 September 2009 it had yet to be given Royal Assent.
    2. That the City Development Committee recognises that clauses 52 and 151 of the Resource Management (Simplifying and Streamlining) Bill have been widely publicised and seek to remove the ability for blanket tree protection rules to be imposed in urban areas unless the tree or group of trees is specifically identified in the district plan. This provision will come into force on 1 January 2012 unless council notifies a change to their district plan prior to that date. A last minute addition to clause 151 was made by the Minister for the Environment through the Supplementary Order Paper process to allow tree trimming in the urban environment. This provision was passed by Parliament and will come into force on 1 October 2009.
    3. That the City Development Committee notes that the trimming provision in clause 151 of the Bill applies only to the isthmus section of the Auckland City district plan - in the case of the Hauraki Gulf islands, there are no areas that meet the Bill's definition of urban environment and in the case of the Central Area, all protected trees are either scheduled or on public land (such as roads and parks) and therefore the changes will have no effect.
    4. That the City Development Committee approves the following definition of trimming which recognises the expertise of qualified practitioners and is a fair and sensible fit for the majority of people to undertake trimming in accordance with the intention of Parliament, while still seeking to ensure that the work is appropriate and safely undertaken:

      Trimming of the canopy (excluding the roots) of any tree which does not damage its health. Such works shall be limited to no more than 20% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

      If the trimming is undertaken by a qualified arborist or arboriculturalist, such works shall be limited to no more than 30% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

    5. That the Group Manager: City Planning be authorised to change the isthmus district plan by inserting the definition of trimming in resolution D above and any other changes required to give effect to the Resource Management (Simplifying and Streamlining) Act in accordance with clause 151 of the Resource Management (Simplifying and Streamlining) Act and clause 20A of the First Schedule of the Resource Management Act 1991.

    Councillor Fryer moved the following amendment by way of addition to D:

    1. That the City Development Committee approves the following definition of trimming which recognises the expertise of qualified practitioners and is a fair and sensible fit for the majority of people to undertake trimming in accordance with the intention of Parliament, while still seeking to ensure that the work is appropriate and safely undertaken:

      Trimming of the canopy (excluding the roots) of any tree which does not damage its health. Such works shall be limited to no more than 10% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

      If the trimming is undertaken by a qualified arborist or arboriculturalist, such works shall be limited to no more than 20% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

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

    For the Amendment: Against the Amendment:
    Cr Leila Boyle

    Cr Glenda Fryer

    		 Cr Douglas Armstrong

    Cr Bill Christian

    Cr Mark Donnelly

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Aaron Bhatnagar


    Deputy Mayor David Hay and His Worship the Mayor were absent.

    The amendment was declared LOST by 6 votes to 2.

    The chairperson put the substantive motion:

    That the urgent decision regarding definition of tree trimming as a result of the resource management (simplifying and streamlining) Amendment Act provisions be noted i.e:

    1. That the City Development Committee notes that Parliament has passed the Resource Management (Simplifying and Streamlining) Bill but as at 18 September 2009 it had yet to be given Royal Assent.
    2. That the City Development Committee recognises that clauses 52 and 151 of the Resource Management (Simplifying and Streamlining) Bill have been widely publicised and seek to remove the ability for blanket tree protection rules to be imposed in urban areas unless the tree or group of trees is specifically identified in the district plan. This provision will come into force on 1 January 2012 unless council notifies a change to their district plan prior to that date. A last minute addition to clause 151 was made by the Minister for the Environment through the Supplementary Order Paper process to allow tree trimming in the urban environment. This provision was passed by Parliament and will come into force on 1 October 2009.
    3. That the City Development Committee notes that the trimming provision in clause 151 of the Bill applies only to the isthmus section of the Auckland City district plan - in the case of the Hauraki Gulf islands, there are no areas that meet the Bill's definition of urban environment and in the case of the Central Area, all protected trees are either scheduled or on public land (such as roads and parks) and therefore the changes will have no effect.
    4. That the City Development Committee approves the following definition of trimming which recognises the expertise of qualified practitioners and is a fair and sensible fit for the majority of people to undertake trimming in accordance with the intention of Parliament, while still seeking to ensure that the work is appropriate and safely undertaken:

      Trimming of the canopy (excluding the roots) of any tree which does not damage its health. Such works shall be limited to no more than 20% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

      If the trimming is undertaken by a qualified arborist or arboriculturalist, such works shall be limited to no more than 30% of live growth removal in any one year and must be in accordance with currently accepted arboricultural practice, ensuring that the natural form and branch habit of the tree species is maintained.

    5. That the Group Manager: City Planning be authorised to change the isthmus district plan by inserting the definition of trimming in resolution D above and any other changes required to give effect to the Resource Management (Simplifying and Streamlining) Act in accordance with clause 151 of the Resource Management (Simplifying and Streamlining) Act and clause 20A of the First Schedule of the Resource Management Act 1991.

    CARRIED

  25. Top URGENT DECISION - WASTEMINZ 21ST ANNUAL CONFERENCE

    That the urgent decision regarding the WasteMINZ 21st Annual Conference be noted i.e:

    That Councillor Graeme Mulholland be authorised to attend the WASTEMINZ 21st Annual Conference to be held in Christchurch from 14 - 16 October 2009.

    CARRIED

    RESOLUTIONS FROM COMMUNITY BOARDS

  26. Top RESOLUTIONS FROM WAIHEKE ISLAND COMMUNITY BOARD - UPDATE ON WAIHEKE ISLAND WASTE SERVICES.

    The chairperson moved:

    That the extract and attachment from the Waiheke Island Community Board's meeting held on Wednesday, 23 September 2009 regarding the Waiheke Island waste services be received.

    Councillor Boyle moved the following amendment by way of addition:

    That the extract and attachment from the Waiheke Island Community Board's meeting held on Wednesday, 23 September 2009 regarding the Waiheke Island waste services be received and adopted by this Committee.

    LOST

    The chairperson put the substantive motion:

    That the extract and attachment from the Waiheke Island Community Board's meeting held on Wednesday, 23 September 2009 regarding the Waiheke Island waste services be received.

    CARRIED

  27. Top RESOLUTIONS FROM MAUNGAKIEKIE COMMUNITY BOARD - MANUKAU HARBOUR

    That the extract and attachment from the Maungakiekie Community Board's meeting held on Thursday, 20 August 2009 regarding the Manukau Harbour be received.

    CARRIED

  28. 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 Resource Consent Appeal - 1 to 5 Wiremu Street 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)(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 a restaurant and drive through facility at 1-5 Wiremu Street, Balmoral

    		 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

    The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

    CARRIED

  29. Top AUCKLAND CITY COUNCIL'S RESPONSE TO THE PACIFIC TSUNAMI

    That the chief executive of Auckland City Council report to the 22 October 2009 Council meeting on actions the council has taken and options for further action to assist with the recovery and restoration of areas damaged by the Pacific tsunami.

    CARRIED

  30. Top RESOURCE CONSENT APPEAL - 1 TO 5 WIREMU STREET

    The above matter was considered in the confidential section of this meeting where it was resolved inter alia as follows:

    That the City Development Committee:

    1. agrees to take a neutral strategy before the Environment Court in respect of the McDonalds restaurant at Balmoral
    2. authorises officers to take all the appropriate action required to assist the Court in its considering of the appeal in respect of the McDonalds restaurant at Balmoral, including attending informal and formal Court assisted mediation should that be appropriate.
    3. That resolutions D, E and F be moved into the open minutes of this meeting.

    There being no further business the chairman declared the meeting closed at 2.05pm.