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AGENDA ATTACHMENTS

I hereby give notice that a meeting of the

ARTS, CULTURE AND RECREATION COMMITTEE

will be held as follows:

Members:

Ex Officio:

1. APOLOGIES

   Apologies have been received from Councillors Caughey, Fryer, Leighton and Storer for non-attendance.

2. CONFIRMATION OF MINUTES

   The minutes of the Arts, Culture and Recreation Committee meeting held on Wednesday, 4 April 2007 to be confirmed as a true and correct record.

3. EXTRAORDINARY BUSINESS

   Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
   (a)	The local authority by resolution so decides; and
   (b)	The presiding member explains at the meeting at a time when it is open to the public,-
   	(i)	The reason why the item is not on the agenda; and
   	(ii)	The reason why the discussion of the item cannot be delayed until a subsequent meeting."
   Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "Where an item is not on the agenda for a meeting,-
   (a)	That item may be discussed at that meeting if-
   	(i)	That item is a minor matter relating to the general business of the local authority; and
   	(ii)	The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
   (b)	no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."

4. PUBLIC FORUM

   A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

   The following requests have been received to address the meeting:

   4.1. STEPHEN HAMILTON - AUCKLAND TOWN HALL ORGAN TRUST

   Stephen Hamilton, Auckland Town Hall Organ Trust, wishes to address the Committee regarding the Trust's progress to date and fundraising plans for the Town Hall organ project.

   4.2. JILL RAWNSLEY - AUCKLAND WRITERS AND READERS FESTIVAL

   Jill Rawnsley, Festival Director of the Auckland Writers and Readers Festival, wishes to address the Committee regarding this event which takes place from 24-27 May 2007.

   [ATTACHMENT 4.2]

   Pages 1-2

5. REPORTS REQUESTED/PENDING

   J Chisholm
   Democracy Advisor (Acting)	26 April 2007

   Advising of reports requested/pending.

   Recommending that the Reports Requested/Pending report of the Democracy Advisor (Acting) dated 26 April 2007 be received.

   [ATTACHMENT 5]

   Pages 3-4

6. FACILITY PATNERSHIPS PROPOSALS FOR THE 2008/2009 FINANCIAL YEAR - STAGE 1 ASSESSMENTS PLUS AN UPDATE ON ACTIVE PROJECTS

   N Carmine
   Facility Partnership Planner, Community Planning	16 April 2007

   Reporting on the facility partnership proposals for the 2007/2008 financial year. The minutes of the Facility Partnership Workshop held 16 April 2007 are presented to the Committee.

   Recommending the resolutions from the Facility Partnership Workshop of 16 April 2007 be endorsed.

   [ATTACHMENT 6]

   Pages 5-8

7. POLICE AUTHORITY ON PUBLIC LAND

   G Matthews
   Manager, Parks and Streetscapes - Recreation and Community Services	26 April 2007

   Updating the Committee on its request for officers to obtain legal advice on police ability to act on public land. This request came in response to information the Committee received at its 5 March 2007 meeting regarding a trespass authority issued to NZ Police for the Big Gay Out Event at Coyle Park, Point Chevalier. Simpson Grierson have provided advice on this matter with input from Inspector Derek Davison of the NZ Police.

   In summary, NZ Police have powers under the Summary Offences Act 1981 to act at events on public open space. The Act permits the Police to arrest and take into custody without a warrant any person whom they have good cause to suspect of having committed an offence against its primary provisions. In respect of public places, these include disorderly behaviour, offensive behaviour or language, disorderly assembly, fighting, acts endangering safety, things endangering safety, possession of knives, indecent exposure, being found preparing to commit a crime and drinking. The Police can also exercise general powers that apply beyond conduct in public places (for instance, common assault or wilful damage to property).

   The additional powers conferred on the NZ Police by council issuing a trespass authority are the ability to act on behalf of council in exercise of its powers under the Trespass Act 1980 and Section 56 of the Crimes Act 1961. If the NZ Police were not given these powers, then they would not have the authority to evict persons from public events without either getting permission from council to do so from the council representative present at the event on the day, or satisfying themselves that there was a basis for arrest under the Summary Offences Act.

   Recommending that the information memorandum from the Manager, Parks and Streetscapes, dated 26 April 2007, be received and noted.

   [ATTACHMENT 7]

   Pages 9-14

8. REPORT FROM AVONDALE COMMUNITY BOARD - DECLARATION AS A RESERVE, CLASSIFICATION AND NAMING - AVONDALE SOUTH DOMAIN

   H Wheatley
   Property Officer	23 February 2007

   Reporting on the reserve at 572-578 Blockhouse Bay Road which is formally named Avondale South Domain, although it is within the suburb of Blockhouse Bay. For consistency of management and to progress the reserve management plan for the Manukau Harbour Costal Reserves (Avondale/Mt Roskill), it is proposed to declare some areas of fee simple council land as a reserve, classify some areas of the reserve for certain purposes and seek community input for a new name for the whole reserve. 

   This report was presented to the Avondale Community Board meeting on 27 March 2007 and the resolutions from the Board are attached under Item 8 of this agenda.

   Recommending the Committee resolves that the pieces of land held by the Auckland City Council as described in the report by the Property Officer, dated 23 February 2007, shall be classified as recreation reserves, and that following the completion of the declaration and classification actions, the Manager Community Planning proceed with public consultation as to a suitable name for the reserve, and refer this matter back to the Avondale Community Board for confirmation to legalise this name by gazette notice.

   [ATTACHMENT 8]

   Pages 15-26

9. MONTE CECILIA PARK MASTER PLAN

   H Kerr
   Landscape Architect, Community Planning	17 April 2007

   Reporting on the draft master plan that has been prepared for Monte Cecilia Park to provide a co-ordinated strategy for the future use of and development of the park and Pah Homestead, Hillsborough. The master plan addresses the need to retain the existing character of the park whilst enhancing and developing it as a citywide destination. It also proposes the concept of a visual arts centre and sculpture park as the major theme, and identifies opportunities for activities that will act as a catalyst to attract visitors to the park whilst the homestead is being restored, such as events.

   The draft master plan exercise has also highlighted the limitations of the existing park boundary in providing adequate parking, access and road frontage to main arterial roads, as well as protecting historic features associated with the original homestead. Further property will need to be acquired to ensure that the future quality and use of Monte Cecilia as a citywide park can be maximised.

   Recommending that the draft master plan for Monte Cecilia Park (including Pah Homestead) be endorsed in principle for public consultation; that the concept of an arts centre and sculpture park be endorsed in principle subject to further detailed investigation; and that staged priorities for design, consents and implementation work be reported back to this Committee with the final master plan following public consultation.

   [ATTACHMENT 9]

   Pages 27-39

10. NEW ZEALAND NATIONAL MARITIME MUSEUM UPDATE

    L Redshaw
    Senior Business Partnership Manager, Community Planning	23 April 2007

    Updating the Committee on the activities of the New Zealand Maritime Museum. The report from Larry Robbins, Chief Executive Officer, NZ Maritime Museum, concentrates on the day to day operations of the museum while noting that two key personnel at the museum have retired or will be retiring shortly. Mr Robert Croker, has recently retired as chairman of the museum after serving 14 years on the Board of the museum, and will remain on as a trustee. Mr Alistair Aitken has been appointed as the new chairman. The other significant staff movement is the forthcoming retirement of Larry Robbins, after seven and a half years in the role. Both Mr Robbins and the new chairman, Mr Alistair Aitken, will be attending the Committee meeting.

    Recommending that the report from the Chief Executive Officer of the NZ National Maritime Museum be received, and that the Committee extends their best wishes and thanks Mr Robert Croker for his long service as chairman of the Museum, and that the Committee extend their best wishes and thanks to Mr Larry Robbins for his service as Chief Executive Officer for the museum.

    [ATTACHMENT 10]

    Pages 40-45

11. REGIONAL FUNDING INITIATIVE - PROPOSED LEGISLATION

    L Redshaw
    Senior Business Partnership Manager, Community Planning	17 April 2007

    Reporting on the details of the Regional Funding Initiative project, of which this Committee has been an avid supporter of from its inception in mid 2005. The promoters of the proposed legislation will be in a position to forward the Auckland Regional Amenities Funding Bill 2007 to parliament in June 2007. Although not the promoter of the Bill, Auckland City resolved in December 2006 to support the principles of the Bill. As there have been a number of changes to the Bill resulting from feedback from the Parliamentary Counsel Office and others, it is appropriate that the Committee review the updated version of the Bill and reconfirm its support.

    The Bill, if enacted, would see an initial core of eleven arts, museums and community service organisations receiving funding in the form of levy from the seven Territorial Local Authorities in the Auckland region. The funding would ensure that the groups were able to operate in a sustainable manner and allow them to grow towards providing services and facilities that were befitting of a city at the level of Auckland.

    Recommending that the Committee reconfirms its endorsement of the principles of the Auckland Regional Amenities Funding Bill 2007, particularly the concept of securing sustainable levels of funding for organisations that contribute to making Auckland a great region, and that, when the Select Committee considering the Bill calls for submissions, Auckland City consider making a submission, as appropriate, supporting the Bill and its intended outcomes.

    [ATTACHMENT 11]

    Pages 46-61

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

    Janine Chisholm
    Democracy Advisor (acting)	27 Apr 2007
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    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 are 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	Monte Cecilia Park - Draft Master Plan	Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	Section 7(2)(i) To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, this report deals with details on proposed land acquisitions. Public disclosure of this information would prejudice the bargaining position of Auckland City.	S48(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	Auckland Netball Centre	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) 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)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied. In particular, there is detailed financial information from the Auckland Netball Association.	S48(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.