MINUTES OF A MEETING OF THE ARTS, CULTURE AND RECREATION COMMITTEE HELD ON WEDNESDAY, 1 AUGUST 2007 AT 9:35 AM

1. APOLOGIES

   That the apologies from Councillor Leighton for non attendance and Councillor Millar for lateness be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Arts, Culture and Recreation Committee meeting held on Monday, 9 July 2007, the minutes of the extraordinary joint meeting of the Arts, Culture and Recreation and the Economic Development and Sustainable Business Committees held on Monday, 9 July 2007, and the minutes of the joint Arts, Culture and Recreation and the Environment, Heritage and Urban Form Committees held on Monday, 16 July 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   There were no requests to speak in public forum.

5. REPORTS REQUESTED/PENDING

   That the Reports Requested/Pending report of the Democracy Advisor dated 25 July 2007 be amended as follows:

   Row	Target Date	Report Title	Reason for Changing Target Date
   5	From Aug 07 now Sept 07	NTi Update	New information needs to be assessed prior to report being '.
   6	From Aug 07 now Sept 07	Multi-purpose facility at Meola Road, Seddon Fields, Pt Chevalier	Report will now be presented to the September meeting.

   CARRIED

6. PETITIONS

   6.1. PETITION REGARDING PONSONBY ROAD STREET TRADING - 11.00PM OUTDOOR SEATING CLOSURE

   That Luke Dallow, Director Chapel Bar and Bistro and Chris Rupe, Director SPQR Café and Bar, be thanked for their petition regarding Ponsonby Road Street Trading - 11.00pm Outdoor Seating Closure, containing 4090 signatures, and that the petition be received.

   CARRIED

7. PARKS PLAN

   1. That the Arts, Culture and Recreation Committee endorse the Parks Plan dated July 2007, attached as appendix 3.
   2. That the General Manager City Development be requested to prioritise the review of regulatory and planning processes to urgently reduce the need for resource consents in public open space in line with public feedback, and thereby reducing financial costs and delays to quality improvements of public space.
   3. That the above resolutions be forwarded to the Planning and Regulatory Committee.
   4. That approval of the final wording of council's Parks Plan be delegated to the General Manager, Arts Community and Recreation and the Chair of the Arts, Culture and Recreation Committee.

   CARRIED

8. DRAFT STREET TRADING POLICY UPDATE

   1. That the proposed street trading policy continues to be developed and that the proposed policy be reported to the appropriate committee by the end of December 2007 in order to advertise the consequent bylaw changes at the same time.
   2. That, prior to finalisation of the street trading policy, Auckland City Environments maintains ongoing enforcement and monitoring of street trading license compliance, as mandated by Part 23 of the consolidated bylaw 1998 - Trading in Streets and Public Places.
   3. That officers report to the appropriate committee on the proposed timetable to ensure the review of all bylaws is completed before the end of June 2008, including where the Street Trading Bylaw and the Street Performance Bylaw fit within that timetable.
   4. That the above resolutions be forwarded to the Planning and Regulatory Committee.

   CARRIED

9. MONTE CECILIA PARK MASTER PLAN

   1. That the final master plan for Monte Cecilia Park be approved by the Arts, Culture and Recreation Committee.
   2. That a cultural demand study to develop the concept of an arts centre and café/restaurant component in Pah Homestead, Monte Cecilia Park, be supported in general accordance with the outline brief, and that this study be supported as a top priority within the 2007/2008 work programme enabling budget reallocation for commencement in late 2007.
   3. That an accelerated programme for Pah Homestead restoration within a three year timeframe be endorsed, subject to delegated approval for bringing LTCCP funding forward and obtaining relevant consents.
   4. That the proposed staged priorities for Monte Cecilia Park development be endorsed for the first three years commencing 2007/2008 financial year, including planning, design and implementation for access improvements and garden restoration.

   CARRIED

10. STREET PERFORMANCE POLICY

    That the Arts, Culture and Recreation Committee adopt the Street Performance Policy, noting that implementation of the policy will be timed to coincide with the relevant amended or new Bylaw, estimated to be early 2008.

    CARRIED

11. ARTS PARTNERSHIPS PERFORMANCE REVIEWS 2006

    1. That the Arts, Culture and Recreation Committee note the Auckland Theatre Company and the New Zealand Opera have successfully met all of their annual performance review requirements.
    2. That the funding agreement with New Zealand Opera be extended for one year, and payment of a $75,000 grant for 2007/2008 be made.
    3. That payment of a $105,000 grant be made to Auckland Theatre Company for 2007-2008, which is year two of a three year funding agreement.
    4. That the Arts, Culture and Recreation Committee acknowledge the successful programme delivery and commercial outcomes that have been achieved during the 2006 period by the Auckland Theatre Company and the New Zealand Opera.

    CARRIED

12. AUCKLAND PHILHARMONIA ORCHESTRA 2006 PERFORMANCE REVIEW

    1. That the Arts, Culture and Recreation Committee approve total funding of the Auckland Philharmonia Orchestra (APO) for 2007/2008 of $500,000, comprised of a grant payment of $300,000 and $200,000 to be used to off-set against venue hire charges at The EDGE.
    2. That the Chair of the Arts, Culture and Recreation Committee and the General Manager, Arts Community and Recreation, be delegated to approve the orchestra hires and free concerts for 2007/2008 to a value of $60,000 for the free concerts and $20,000 for the hires, as amendments to the funding contract with Auckland Philharmonia Orchestra (APO).
    3. That the Arts, Culture and Recreation Committee notes with concern the ongoing financial challenges experienced by the Auckland Philharmonia Orchestra (APO).

    CARRIED

13. PASIFIKA FESTIVAL 2007 REVIEW

    1. That the events team be thanked for their ongoing contribution to the success of the Pasifika Festival.
    2. That the Arts, Culture and Recreation Committee supports the strategic directions developed and changes made by the Pasifika Festival Director.
    3. That the Pasifika Festival Director be part of the vision exercise for Celebrate Pasifika, to develop a regional strategy for Pacific events.

    CARRIED

14. AUCKLAND TENNIS/NGCA - PROPOSED AUCKLAND DOMAIN (AUCKLAND TENNIS) AMENDMENT BILL 2007

    1. That the Arts, Culture and Recreation Committee recommend that the Economic Development and Sustainable Business Committee approve the promotion of the Local Bill entitled the Auckland Domain (Auckland Tennis) Amendment Bill 2007 to enable the redevelopment of the Auckland Tennis Incorporated site located within the Auckland Domain (72 Stanley Street, Auckland).
    2. That the Arts, Culture and Recreation Committee specifically note that the bill is being promoted at the request of Auckland Tennis Incorporated to specifically address irregularities in the Auckland Domain Act 1987 relating to the land occupied and used by Auckland Tennis Incorporated; allow Auckland City Council to lease the site at 72 Stanley Street, Auckland to Auckland Tennis Incorporated for a term of up to 50 years; and for Auckland Tennis Incorporated to be able to seek consent from Auckland City Council to sublease the site (or part thereof) to a third party.
    3. That the Arts, Culture and Recreation Committee note that Auckland Tennis Incorporated has entered into an agreement to reimburse Auckland City for costs incurred in respect of seeking the amending legislation to the Auckland Domain Act 1987 and any subsequent costs associated with approving a new lease and/or sub-lease.

    CARRIED

15. COMMUNITY LOANS

    That the item regarding community loans be deferred until the September 2007 meeting of the Arts, Culture and Recreation Committee, under confidential agenda, to enable officers to produce a summary document detailing all loans outstanding, current repayment arrangements and history, and a commentary on financial performance, community access, facility maintenance and general future viability.

    CARRIED

16. TRESPASS NOTIFICATION - ARCH HILL RESERVE AND NIXON PARK

    That this item be moved to the confidential section of the agenda due to the personal nature of the topic under discussion.

    CARRIED

17. GRANT OF A NEW/NEW LEASE -- OTHERWORLD PRODUCTIONS INCORPORATED, OLD BLACKPOOL SCHOOL LIBRARY, WAIHEKE

    1. That a new lease be granted to Otherworld Productions Incorporated for the old Blackpool School library Building, Nikau Road, Blackpool Park, Waiheke on the following terms and conditions:
       1. Term - five years commencing 1 May 2007;
       2. Rights of Renewal - two rights of renewal each of five years;
       3. Rent -- $500.00 plus GST per annum;
       4. Insurance - All contents insurance including public liability; and
       5. All other terms and conditions per council's Community and Recreation lease Policy.
       6. In order to ensure the old Blackpool School Library building, Nikau Road, Blackpool Park, Waiheke is kept in active usage, an annual review of the lease be undertaken by officers and a report provided to the Waiheke Community Board, which will include membership numbers of the group, activities being undertaken in the building and a comparison of usage with what was outlined in the lease application from Otherworld Productions.
       7. In the event that these annual reports show significant discrepancies or the building is not being kept in active usage, council invoke their right to terminate the lease.
       8. That the above terms and conditions be included within the new lease to Otherworld Productions Incorporated.
    2. That the Arts, Culture and Recreation Committee request that when a building lease is terminated or expires it be reported to the appropriate community board for consideration of alternate uses.
    3. That the Arts, Culture and Recreation Committee request that officers liaise with the community board lease spokesperson when any lease is due to be renewed.

    CARRIED

18. 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 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	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	Trespass Notification - Arch Hill Reserve and Nixon Park	Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, the material contains personal details of an individual.	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.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 11:48 am.