MINUTES OF A MEETING OF THE FINANCE AND CORPORATE BUSINESS COMMITTEE HELD ON THURSDAY, 19 APRIL 2007 AT 1:30PM

1. APOLOGIES

   That apologies from Councillor Abel for lateness, Councillor Caughey for non-attendance, Councillor Fryer absent on council business and Councillor Northey for early departure be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Finance and Corporate Business Committee meeting held on Monday, 26 March 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 report of the Democracy advisor dated 13 April 2007 be amended as follows:

   Row No.	Date Requested	Target Date	Officer(s) Reporting	Report Name	Comments
   8	15/02/07	TBA change to July 07	Manager: off street parking	Long-term leases and licences on Parkright buildings that are affected by the signs bylaw	Officers report back with options for those billboard leases and licences subject to long-term arragements on Parkright buildings that are affected by the outcome of the billboard signs bylaw.
   9	2/2/07 - Item 7, Arts Culture & Recreation Committee	TBA change to August 07	General manager finance and General manager, art community and recreation	Process and criteria of purchasing local vs imported products for capital projects	Report on the appropriate process and criteria for choosing between imported and local products for capital projects.

   CARRIED

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

   That the Finance & Corporate Business Committee notes the financial report for the eight months ended 28 February 2007 highlighting:

   1. a favourable operating surplus variance of $4.2 million against forecast
   2. a capital expenditure underspend of $34.3 million against forecast
   3. the risk to achievement of forecast year-end capital expenditure.

   CARRIED

7. TRUSTS AND RESERVES

   That the Finance & Corporate Business Committee

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

   CARRIED

8. 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.	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.
   C2.	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.
   C3.	Acquisition of Land for 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.	Kells Financial Contribution	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 (Boat Ramp) - 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.

   CARRIED

9. KELLS' FINANCIAL CONTRIBUTION

   Secretarial note:

   This item was item C5 in the confidential section of the agenda.

   1. That the names of parties involved and the level of debt be moved to the open section of the agenda, and the defaults be notified to appropriate credit agencies and other metropolitan territorial local authorities as follows:

   Kells Development Original Finco amount	Balance due (after payments made)	Kells Company	Directors	Shareholders	Date application granted
   29-31 Mt Eden Road $77,970	$63,006.93	Grace Court	Martin Kenneth Kells	1. Rawson 2000 Ltd 2. MCK Trustee	11/00
   275 and 279 Onehunga Mall $54,230	$47,458.53	KCM (in liquidation)	Kenneth William Kells	1. Christopher Roman Rejthar 2. Bruce Ellett Page	07 and 08/99
   852 Mt Eden Road $298,702	$237,019.87	Eden Mews Ltd (in liquidation)	Kenneth William Kells	1. Howard David Morrison 2. Craig William Kells 3. Martin Kenneth Kells	08/02
   955 Mt Eden Road $297,202	$220,150.36	Eden Gardens Ltd	Martin Kenneth Kells	1. MCK Trustee Ltd	03/01
   Original FINCO Total $728,104	Total Outstanding Debt $567,635.69

   There being no further business the Chairman declared the meeting closed at 2.35pm.