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Council member and meetings
Finance and Corporate Business Committee
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I hereby give notice that a meeting of the

FINANCE AND CORPORATE BUSINESS COMMITTEE

will be held as follows:

DATE:

Thursday, 19 April 2007

 

 

TIME:

1:30pm

 

 

VENUE:

Hearings Meeting Room NOTE VENUE!

 

Level 1, Auckland Town Hall

 

301 Queen Street

 

Auckland

Lee Manaia

DEMOCRACY ADVISOR

Members:

Cr

Vern

Walsh, JP [Chairman]

Cr

Richard

Northey, ONZM [Deputy Chairman]

Cr

Neil

Abel

Cr

Doug

Armstrong, QSO

Cr

Christine

Caughey

Cr

Glenda

Fryer

Cr

Toni

Millar, JP

Cr

Scott

Milne, JP

Cr

Richard

Simpson

Ex Officio:

His Worship the Mayor, Dick Hubbard, ONZM

Deputy Mayor, Dr Bruce Hucker, QSO

  1. Top APOLOGIES

    An apology has been received from Councillor Caughey for absence on council business and Councillor Northey for early departure.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Finance and Corporate Business Committee Council-controlled organisations meeting held on Monday, 26 March 2007 to be confirmed as a true and correct record.

  3. Top 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. Top 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.

  5. Top REPORTS REQUESTED/PENDING

    L Manaia

     

    Democracy advisor

    13 April 2007

    Providing a list of reports requested/pending.

    Recommending that the report from the Democracy advisor dated 13 April 2007 be received.

    [ATTACHMENT 5]

    Pages 1 - 2

  6. Top FINANCIAL REPORT FOR THE EIGHT MONTHS ENDED 28 FEBRUARY 2007

    B Asbhy

     

    Operational reporting manager

    19 March 2007

    Providing the actual results for the eight months ended 28 February 2007 compared to forecast one.

    Recommending that the committee notes the financial report for the eight months ended 28 January 2007 highlighting a favourable operating surplus variance of $4.2 million and a capital expenditure underspend of $34.3 million against forecast and the risk to achievement of forecast year-end capital expenditure.

    [ATTACHMENT 6]

    Pages 3 - 14

  7. Top TRUSTS AND RESERVES

    R Ganesh

     

    Corporate finance manager

    29 March 2007

    Providing an overview of Auckland City administered funds for the six months ended 31 December 2006.

    Recommending that the committee note the net income earned by the trusts of $2,940,620 and approve distributions of $823,477 for the six months to 31 December 2006 in accordance with the terms of the respective trusts.

    [ATTACHMENT 7]

    Pages 15 - 18

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

    Lee Manaia

     

    Democracy Advisor

    13 April 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 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.

    Transfer of Auckland Regional Transport Network Ltd (ARTNL) Assets to Auckland Regional Transport Authority (ARTA)

    Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.

    S7(2)(b)(ii)

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

    In particular, the information relating to the transfer of ARTNL assets to ARTA, if released to the public could impact on the commercial position of council.

    S7(2)i

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the information contained in the report relating to the transfer of ARTNL assets to ARTA, if released to the public would impact of further negotiations

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    C2.

    Supplier Recommendation Report for the Aotea Centering Staff Development Architect Consultancy Services

    Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.

    S7(2)(b)(ii)

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

    In particular, the information relating to tender prices, if released to the public, prior to a final decision could impact on the outcome of the final process.

    S7(2)i

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the information contained in the report, if released to the public would impact of further negotiations relating to tender prices.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    C3.

    Possible Acquisition of Open Space

    Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.

    Section 7(2)(h)

    To enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    In particular, public knowledge of information within the report would affect the final purchase price.

    Section 7(2)(i)

    To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the negotiations with private landowners could be impacted if the information in this report were made public.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    C4.

    Acquisition of Land for the Development of Active Sports Fields

    That a right of appeal lies to the Environment Court against the final decision of the committee in relation to an appeal against Private Plan Change 95, Auckland Institute of Studies

    Section 7(2)(h)

    To enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    In particular, public knowledge of information within the report would affect final purchase price.

    Section 7(2)(i)

    To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the negotiations with private landowners could be impacted if information in this report is made public.

    S48(1)(d) & (2)

    The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

     

    C5.

    Financial Contributions - Kells Debt

    Public conduct of the 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 information contained in the report in relation to debtors could, if released to the public, have an adverse affect on individual debtors.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    C6.

    Supplier Recommendation Report for the Construction of the landing Stage 2B and part Stage 2C Okahu Bay 2006/2007

    Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.

    S7(2)(b)(ii)

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

    In particular, the information relating to tender prices, if released to the public, prior to a final decision could impact on the outcome of the final process.

    S7(2)i

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the information contained in the report, if released to the public would impact of further negotiations relating to tender prices.

    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.

    C7.

    Property Enterprise Board Delegated Decisions

    Public conduct of the 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.

    In particular, the detailed financial information contained in the report, if released, would prejudice the commercial position of council or the other parties involved.

    Section 7(2)(h)

    To enable the council to carry out, without prejudice or disadvantage, commercial activities.

    In particular, the detailed financial information contained in the report, if released, would place council at a disadvantage in carrying out its commercial activities.

    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.

     

    C8.

    Delegated Decisions

    Public conduct of the 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.

    In particular, the detailed financial information contained in the report, if released, would prejudice the commercial position of council or the other parties involved.

    Section 7(2)(h)

    To enable the council to carry out, without prejudice or disadvantage, commercial activities.

    In particular, the detailed financial information contained in the report, if released, would place council at a disadvantage in carrying out its commercial activities.

    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.