Skip navigation
Council member and meetings
Council
Back to contents

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE:

Thursday, 20 September 2007

 

 

TIME:

6.00 pm

 

 

VENUE:

Council Chambers

 

Ground Floor

 

Auckland Town Hall

Marius Rothmann

DEMOCRACY ADVISOR

Members:

His Worship the Mayor, Dick Hubbard, ONZM

Cr

Neil

Abel

Cr

Doug

Armstrong, QSO

Cr

Leila

Boyle

Dr

Cathy

Casey

Cr

Christine

Caughey

Cr

Bill

Christian, JP

Cr

Glenda

Fryer

Dr

John

Hinchcliff, CNZM

Deputy Mayor, Dr Bruce Hucker, QSO

Cr

Linda

Leighton

Cr

Toni

Millar, JP

Cr

Scott

Milne, JP

Cr

Graeme

Mulholland, JP

Cr

Richard

Northey, ONZM

Cr

Noelene

Raffills

Cr

Penny

Sefuiva

Cr

Richard

Simpson

Cr

Faye

Storer

Cr

Vern

Walsh, JP

  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top MINUTES

    1. The minutes of the ordinary meeting of council held on Thursday, 23 August 2007 to be confirmed as a true and correct record.
    2. The minutes of the extraordinary meetings of council held on Monday, 20 August 2007, Monday 27 August and Monday 3 September to be confirmed as true and correct records.

  3. Top LEAVE OF ABSENCE

    There was no leave of absence.

  4. Top PETITIONS

    4.1. L&Y HOLDINGS LIMITED - QUEENS LODGE AND KINGS SQUARE, NEWMARKET

    A petition has been received which should have been presented to the Planning and Regulatory Committee, but as all committees have now ceased due to forthcoming elections this petition will be received by council.

    Mr Ivor de Menefy presented a petition containing 72 signatures, for which they have requested permission to present to council, with the following prayer:

    "Petition to the Auckland City Council:

    The Auckland City Council address the concerns of the tenants and property owners adjoining or adversely influenced by the L&Y Holdings Limited, 'Queens Lodge' and 'Kings Square' Newmarket development and further by providing a fulltime liaison person to facilitate and monitor the developer, contractor and sub-contractors to ensure best site practices as required by the Building Act and numerous Auckland City Council Ordinances."

    A copy of the papers submitted to council by Mr de Menefy is attached for councillors' consideration.

    [ATTACHMENT 4.1]

    Pages 1 - 6

  5. Top DEPUTATIONS

    There were no deputations.

  6. 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."

    REPORTS OF COMMITTEES

  7. Top HEARINGS PANEL REPORT NO. 13/2007

    This report relates to:

    Report and recommendations for the Waste Management Plan - Central Area Section

    Reporting on the result of the Hearings Panel consideration of the Waste Management Plan - Central Area and recommending it be adopted.

    [ATTACHMENT 7]

    Pages 7 - 54

  8. Top HEARINGS PANEL REPORT NO. 14/2007

    This report relates to:

    Report and recommendations on Plan Change 213 to the Auckland City Operative District Plan 1999 - Isthmus Section

    Reporting on the result of the Hearings Panel consideration of Plan Change 213 to the Auckland City Operative District Plan 1999 - Isthmus Section and recommending it be approved with modifications.

    [ATTACHMENT 8]

    Pages 55 - 72

  9. Top HEARINGS PANEL REPORT NO. 15/2007

    This report relates to:

    Report and recommendations on Plan Change 207 to the Auckland City Operative District Plan 1999 - Isthmus Section

    Reporting on the result of the Hearings Panel consideration of Plan Change 207 to the Auckland City Operative District Plan 1999 - Isthmus Section, which proposes the scheduling of four heritage buildings, recommending it be approved with amendments.

    [ATTACHMENT 9]

    Pages 73 - 114

  10. Top HEARINGS PANEL REPORT NO. 16/2007

    This report relates to:

    Report and recommendations on Ellerslie's Future Framework

    Reporting on the result of the Hearings Panel consideration of Ellerslie's Future Framework, recommending it be adopted with amendments.

    [ATTACHMENT 10]

    Pages 115 - 248

  11. Top PLANNING AND REGULATORY COMMITTEE REPORT NO. 3 /2007

    This report relates to:

    1. Plan Change 186 - 26-28 Claude Road, Epsom - Approval to Incorporate into the District Plan: Isthmus Section

      Requesting that council incorporate Plan change 186 - 26-28 Claude Road, Epsom into the Auckland City District Plan: Isthmus Section.

    2. Private Plan Change 7 - Mt Wellington Quarry

      Requesting that council approve and incorporate Private plan change 7 into the Auckland District Plan: Isthmus section, excluding the small strip of land at the base of Maungarei/Mt Wellington identified as "to be '" on the structure plan.

    [ATTACHMENT 11]

    Pages 24 9 - 290

    Secretarial Note:The reports from the Arts, culture and Recreation Committee below were signed off electronically using the new FILENET system.

  12. Top ARTS, CULTURE AND RECREATION COMMITTEE REPORT NO. 4/2007

    This report relates to:

    1. Orakei Domain Watercare, Project Hobson

      Seeking council consent to set apart a part of Orakei Domain as a public work and transfer to Watercare Services Ltd and the acceptance of land currently owned by Watercare being transferred to council to form part of the Orakei Domain.

    2. Supplier recommendation report for Keith Hay park stage 1

      Requesting that council accept the lump sum contract of $1,589,417.31 plus GST submitted by City Contractors Civil Engineers Ltd for stage one of the Keith Hay precinct upgrade contract reference R604/06/055. Furthermore, that a contingency of $170,000 be approved for stage one of the Keith Hay precinct upgrade project.

    3. New Theatre Initiative / Q Theatre

      Requesting that council further fund the Q Theatre base building to the extent of $4.6 million in the 2008-2009 financial year, provided that the venue can and will meet some of the needs of Auckland Theatre Company.

    [ATTACHMENT 12]

    Pages 291 - 318

  13. Top FINANCE AND CORPORATE BUSINESS COMMITTEE REPORT NO. 6/2007

    This report relates to:

    1. Annual Report 2006/2007

      Requesting that council adopt the annual report, and that the Chairperson of the Finance and Corporate Business Committee together with the General manager finance be authorised to make any changes to correct non-material errors or omissions. Furthermore, that council adopt the annual reports of Downtown Marinas Ltd, Westhaven (Existing Marina) Trust, Westhaven (Marina Extension) Trust, Westhaven Marine Ltd and Waitemata Infrastructure Ltd for 30 June 2007.

    2. New Theatre Initiative / Q Theatre

      Requesting that council authorise a drawdown of a further $700,000 against the approved capital grants of $4.6 million for the specific purpose of advancing design work and obtaining building consents, and that the Heads of Agreement be varied to record this variation to the contract. Also, that council further fund the Q Theatre for $4.6 million in the 2008/2009 financial year provided the venue meet some of the needs of the Auckland Theatre Company.

    [ATTACHMENT 13]

    Pages 319 - 342  

    REPORTS OF OFFICERS

  14. Top CHIEF EXECUTIVE'S AUGUST 2007 REPORT

    D Rankin

     

    Chief executive

    13 September 2007

    Presenting the Chief executive's monthly report on key matters including those of leadership and strategy, and an overview report on issues and activities, and recommending that these be noted.

    [ATTACHMENT 14]

    Pages 343 - 352

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

    Marius Rothmann

     

    Democracy Advisor

    14 September 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.

    Works and Services Committee Report No. C03/2007

    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)(i)

    The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

    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.

    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.

    Directors Review and Appointments Sub-committee Report No. C2/2007

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

    Section 7(2)(c)(i)

    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, Auckland City Council relies on directors on its boards to honestly participate in board reviews. It is in the best interest of the council and residents that these reviews and evaluations take place now and into the future. If directors on boards believed information from the reviews was to be made public they would be less likely to co-operate and therefore it would impact negatively on the effectiveness of the board review process.

    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.

    Finance and Corporate Business Committee Report No. C4/2007

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

    [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)i]

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

    In particular, the report contains commercially sensitive nature of information which may prejudice or disadvantage the commercial position of Watercare Services Ltd.

    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.

    Finance and Corporate Business Committee Report No. C5/2007

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

    [Section 7(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 report contains specific information about the directors of Auckland International Airport Ltd.

    [Section 7(2)(i)]

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

    In particular, the report contains information about negotiations that will be carried out regarding appointments to the AIAL board. Making this information public would unreasonably disadvantage the council in these 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.

    C5.

    Acquisition for Various Strategic Purposes: Onehunga

    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.

    S7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    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 report contains references to

     the property's value and information that may impact on the property's value, or disclosure of which may impact on the property owner's commercial activities

     identification of the site and contract terms which form the basis of negotiations between council and the landowner

     sensitive information about council's proposed intentions for the site, which could prejudice or disadvantage 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.

    C6.

    Supplier recommendation report for Queen Street Stage 4

    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 report contains commercially sensitive nature of information which may prejudice or disadvantage the commercial position of the contractor.

    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.
Copyright © 2007 Auckland City Council. All rights reserved.