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OPEN AGENDA

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 27 March 2008
TIME: 6.00 pm
VENUE: Council Chambers
  Ground Floor
  Auckland Town Hall
Lee Manaia
DEMOCRACY ADVISOR

Members:

His Worship the Mayor, Hon John Banks, QSO
Cr Doug Armstrong, QSO
Cr Ken Baguley
Cr Aaron Bhatnagar
Cr Leila Boyle
Dr Cathy Casey
Cr Bill Christian, JP
Cr Mark Donnelly
Cr Graeme Easte
Cr Glenda Fryer
Cr Paul Goldsmith
Deputy Mayor David Hay, JP
Cr Peseta Sam Lotu-Iiga
Cr Toni Millar, JP
Cr Greg Moyle, E.D.
Cr Graeme Mulholland, JP
Cr Richard Northey, ONZM
Cr Noelene Raffills
Cr Denise Roche

NOTICE OF MOTION

SIR EDMUND HILLARY

The mayor and councillors of Auckland City Council convey their heartfelt condolences and respects to the Hillary family on the passing of a truly extraordinary man. A beekeeper, adventurer and philanthropist, Sir Edmund Hillary was a hero, a role model and a distinguished citizen of Auckland city.


  1. Top APOLOGIES

    An apology has been received from Councillor Northey.

  2. Top MINUTES

    The minutes of the ordinary meeting of Council held on 28 February 2008 and extraordinary council meetings on 5 March 2008 and 12 March to be confirmed as true and correct records.

  3. Top LEAVE OF ABSENCE

  4. Top PETITIONS

  5. Top DEPUTATIONS

    5.1. COUNCIL DELEGATION FROM THE MAYORS TASKFORCE FOR JOBS

    Mr Dale Williams (Mayor of Otorohanga District, and Chair of Mayors Taskforce for Jobs) and Jan Francis (Executive officer, Mayors Taskforce for Jobs) wish to address the council regarding the operations of the Mayors Taskforce for Jobs.

  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 TRANSPORT COMMITTEE REPORT NO.

    This report relates to:

    1. Update report on the State Highway 20 (SH20) South-Western Cycleway - Hillsborough Road to Richardson Road

    Seeking council approval for Transit New Zealand to construct the State Highway south-western cycleway, extending from Hillsborough Road/Hendry Avenue to Richardson Road/Ernie Pinches Road for the sum of $1,540,000.

    1. Maintenance Alliance Tender Outcomes

    Seeking council approval to accept the tender submitted by the consortium of Leighton Contractors, Blacktop Construction and MWH for the Auckland city council Western Road Maintenance Alliance to proceed to the Interim Alliance Agreement phase and that they then be approved as council's Alliance partner once a successful conclusion is made to that phase.

    [ATTACHMENT 7] Pages 1 - 15
  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 02/2008

    This report relates to:

    1. Bylaw Review - Public Domain And Environment Related Bylaws

    Seeking council approval for the commencement of the special consultative procedure for the bylaw review relating to amusement galleries, cultural and recreational facilities, construction, environmental protection, refuse landfill development control, stormwater and the council's coat of arms bylaws.

    1. Paerimu Street Stormwater Upgrade - Sp872

    Seeking council approval to accept the tender of $1,025,000 from H&H Contractors Ltd for the Paerimu Street stormwater upgrade project, allowing for a provisional sum of $750,000.

    1. Plan Change 194 - Nine Heritage B Buildings for Scheduling - Approval to Incorporate into the District Plan (Isthmus)

    Seeking council approval to incorporate plan change 194 into the Auckland City District Plan: Isthmus Section 1999, being 9 category B heritage items for heritage protection.

    1. Plan Change 211- 17 Peacock Street, Glendowie - Approval to Incorporate into the District Plan (Isthmus Section)

    Seeking council approval for plan change 211 - 17 Peacock St, Glendowie which incorporates a Pohutukawa tree as a scheduled tree into the Auckland City District Plan: Isthmus Section 1999.

    [ATTACHMENT 8] Pages 16 - 133
  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 3/2008

    This report relates to:

    1. Supplier Recommendation Report for Auckland Art Gallery Development project

    Seeking Council's confirmation to support the Art Gallery development project at a cost-to-complete of $113 million representing an estimated increased cost to council of $10.47 million, bringing council's total contribution to $48.1 million. Furthermore, seeking council approval to grant Hawkins Construction Ltd the main building contract for the sum of $85.38 million (excl GST)

    1. Auckland Festival Trust - Additional Financial Assistance

    Seeking council approval to reinstate the level of funding provided for in the biennial funding agreement to Auckland Festival Trust to $2 million, noting this will necessitate council providing an additional $200,000 unbudgeted funding for the 2007/2008 year.

    1. Fees and Charges for Temporary use of the Road Reserve

    Seeking council approval for the inclusion of the Transport schedule of fees and charges for temporary use of the road reserve in the 2008/2009 draft annual plan for public consultation.

    [ATTACHMENT 9] Pages 134 - 173
  10. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO. 01/2008

    This report relates to:

    Royal Commission Governance Options and progress Update

    Seeking council endorsement to be heard in support of its submission at the public hearing of the Royal Commission, and approval for His Worship the Mayor, the Deputy Mayor and Chief Executive as council representatives at the Royal Commission public hearing process, with Councillor Armstrong as the alternate for His Worship the Mayor and Deputy Mayor.

    [ATTACHMENT 10] Pages 174 - 217
  11. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 4/2008

    This report relates to:

    Approval for Auckland City Council to Guarantee Watercare Services Limited's Debt

    Seeking approval for Auckland City Council to guarantee Watercare Services Limited's debt.

    Secretarial Note: This matter is being considered at the 26 March 2008 Finance and Strategy Committee meeting. The resolutions will be tabled at the 27 March council meeting.

    [ATTACHMENT 11] Pages 218 - 239

    REPORTS OF OFFICERS

  12. Top CHIEF EXECUTIVE'S FEBRUARY 2008 REPORT

    D Rankin  
    Chief executive 20 March 2008

    Presenting the Chief executive's monthly report on key matters and overview on issues and activities, and recommending that these be noted.

    [ATTACHMENT 12] Pages 240 - 249
  13. Top 2008/2009 DRAFT ANNUAL PLAN AND AMENDMENTS TO OUR 2006-2016 LONG-TERM COUNCIL COMMUNITY PLAN

    L Manaia  
    Democracy advisor 20 March 2008

    The Finance and Corporate Planning staff will collate the feedback received from councillors and document the subsequent changes to the draft annual plan along with the Audit Office comments which will be tabled at the meeting.

  14. Top 2007 TRIENNIAL COUNCIL ELECTIONS

    D Ofsoske  
    Electoral officer 11 March 2008

    Reporting on the process and issues relating to the 2007 triennial elections. Recommending that the Finance and Strategy Committee consider the electoral system to be used in 2010; whether Maori representation is to be introduced; and whether a representation arrangement review is to be undertaken in 2009. This matter will be reported back to council's August 2008 meeting.

    [ATTACHMENT 14] Pages 250- 267
  15. Top NOTICE OF MOTION

    Dr Cathy Casey  
    Councillor 22 March 2008

    Seeking council approval to retain its membership of the Mayors Taskforce for Jobs.

    [ATTACHMENT 15] Pages 268 - 269
  16. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 19 March 2008

    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 Finance and Strategy Committee:

    i. Supplier recommendation report for Auckland Art Gallery development project

    ii. Orakei Marina Berth Sales

    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)

    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 7(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 document contains financial information that if released to the public would jeopardise Council's ability to negotiate with the preferred supplier.

    Section 7(2)(h)

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

    In particular, council's ability to maximise the potential value from the proposed sale of berths could be jeopardised should the information in the report become available to the 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.

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