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Back to contents AGENDA ATTACHMENTS

OPEN AGENDA

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 26 June 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 Douglas 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 John Lister, OBE
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

OBITUARIES

Colin Kay, CBE JP - Mayor of Auckland City 1980-1983 and Councillor 1971-1977

Mr Colin Kay, Auckland City Council Mayor from 1980-1983 and Auckland City Councillor from 1971-1977, passed away on 4 June 2008 aged 82.  He was a member of a number of committees during his local body political career, such as the Parks and Recreation Committee, Planning and Redevelopment committee, Social Welfare Committee, Cultural Activities and Property Committee, to name a few.  He was also a council representative on the Auckland Anniversary Regatta, Auckland Community Chest Combined Trust Board, The Auckland Grammar School's Board and the Auckland University Council during his tenure.  In 1973, while he was an Auckland City Councillor, he started the Round the Bays Run, which has grown into a significant event in the Auckland City calendar.  Colin Kay started as an athlete, and was New Zealand Triple Jump Champion in 1949-1951, and represented New Zealand at the Empire Games.  He also held many offices in sports administration, including being Governor of the New Zealand Sports Foundation for 16 years and Chair of the Peter Snell Institute of sport.

A minutes silence will be observed.

Jolyon Firth - Deputy Mayor of Auckland City 1977-1980 and Councillor 1968-1983

Mr Jolyon Firth, Deputy Mayor for Auckland City Council from 1977-1980 and Auckland City Councillor from 1968-1983, passed away recently. He was a member of a number of committees during his local body political career, such as Town Planning Committee, Works Committee, Policy and Finance Committee, and the Traffic and Road Safety Committee. He was also a Council representative for the Auckland Local Bodies Association, the Auckland Metropolitan Fire Board and the Civil Defence Committee (Central Area) during his tenure. Joylon Firth was the founding President of Toastmasters New Zealand.

A minutes silence will be observed.


  1. Top APOLOGIES

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

  2. Top MINUTES

    The minutes of the ordinary meeting of council held on Thursday, 22 May 2008 and the extraordinary council meeting on Thursday, 19 June 2008 to be confirmed as true and correct records.

  3. Top LEAVE OF ABSENCE

  4. Top PETITIONS

  5. Top 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."

  7. Top TRANSPORT COMMITTEE REPORT NO. 4/2008

    This report relates to:

    Cliff Road, St Heliers - Retaining Wall Stage 2

    Seeking council approval for emergency ground stability works to proceed at Cliff Road, St Heliers up to a value of $4 million.

    [ATTACHMENT 7] Pages 1 - 10

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 05/2008

    This report relates to:

    1. Plan Change 95, Auckland Institute of Studies, Mt Albert

    Seeking council approval for the Manager inner isthmus to be authorised to complete the statutory processes required to make Plan Change 95 (Auckland Institute of Studies, Linwood Avenue, Mt Albert) to the Isthmus Plan operative.

    1. Shaddock to Water Street Stormwater Upgrade - 755

    Seeking council approval to enter into a contract with Harker Underground Construction Ltd, committing a maximum expenditure of $6,578,594.95 (inclusive of contingency sum but exclusive of GST) for the Shaddock to Water Street stormwater upgrade project.

    [ATTACHMENT 8] Pages 11 - 36

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 6/2008

    This report relates to:

    1. Community Boards and Councillors' Comments on the Draft Consultation Policy

    Seeking council approval to adopt the updated "Auckland City Council Consultation Policy: better decision through public input" with amendments as indicated.

    1. Local Governance Statement - Updates and Changes

    Seeking council approval to adopt the Auckland City Council's Local Governance Statement and make it publicly available subject to approved changes.

    [ATTACHMENT 9] Pages 37 - 132

  10. Top HEARINGS PANEL REPORT NO. 1/2008

    This report relates to:

    Report and recommendation on the Otahuhu Liveable Community Plan

    Reporting the result of the Hearings Panel consideration of amendments to be incorporated into the Otahuhu Liveable Community Plan.

    Recommending that council adopt the amended Otahuhu Liveable Community Plan, and that an implementation plan be prepared.

    [ATTACHMENT 10] Pages 133 - 244

  11. Top HEARINGS PANEL REPORT NO. 2/2008

    This report relates to:

    Report and Recommendations on Plan Change 210 to the Auckland City Operative District Plan 1999 - Isthmus Section

    Reporting the result of the Hearings Panel consideration to rezone 5.53ha of land at 42 Herd Rd, 167 Pah Rd, 167a Pah Rd, 10 Korma Rd and 16 Korma Rd special purpose 1.

    Recommending that council adopt Plan Change 210 to the Auckland City Operative District Plan 1999 - Isthmus Section.

    [ATTACHMENT 11] Pages 245 - 330

  12. Top HEARINGS PANEL REPORT NO. 3/2008

    This report relates to:

    Recommendations of the Hearings Panel to Introduce New Bylaws: Animals Bylaw, Hostels Bylaw, Bathing, Health and Beauty Facilities Bylaw, Hazardous Substances Bylaw, Food Premises Bylaw, Food Stalls Bylaw, Skin Piercing Bylaw and Radio Frequency Fields Bylaw

    Reporting the result of the Hearings Panel consideration to revoke existing bylaws and to adopt appropriate new bylaws, and to make minor amendments to the existing Radio Frequency Fields bylaw.

    Recommending that council revoke the bylaws as listed and adopt the relevant new bylaw as reported, to come into force on 1 July 2008, noting that no rodeos will be permitted to occur on council land because of animal welfare concerns.

    [ATTACHMENT 12] Pages 331 - 436

    REPORTS OF OFFICERS

  13. Top CHIEF EXECUTIVE'S MAY 2008 REPORT

    D Rankin  
    Chief executive 19 June 2008

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

    [ATTACHMENT 13] Pages 437 - 450

  14. Top AVONDALE-ROSKILL WARD BY-ELECTION

    D Ofsoske  
    Electoral officer 6 June 2008

    Reporting on the background and outcome of the by-election held in the Avondale-Roskill ward on Wednesday, 9 April 2008.

    Recommending that Council note the election of John Lister as councillor to the Avondale-Roskill Ward.

    [ATTACHMENT 14] Pages 451 - 456

  15. Top NOTICE OF MOTION - APPOINTMENT OF A NEW CHILCREN'S ADVOCATE AND OLDER PERSONS' CHAMPION

    Dr Cathy Casey  
    Councillor 16 June 2008

    With the retirement of Cr Hinchcliffe from the council, it is recommended that Auckland City Council appoint a new older person's champion.

    Recommending that Auckland City Council appoints a children's advocate and a champion for older people, and furthermore, that Cr Northey be appointed as the Children's advocate and Cr Boyle be appointed as the champion for older people.

    [ATTACHMENT 15] Pages 457 - 458

  16. Top NOTICE OF MOTION - ADVOCATING TO CENTRAL GOVERNMENT FOR COUNCILS TO HAVE MORE DECISION MAKING POWER TO LIMIT THE NUMBER AND LOCATION OF LIQUOR OUTLETS

    R Northey  
    Councillor 17 June 2008

    Seeking that Auckland City Council advocate jointly with Manukau City Council and other supportive local authorities for government and parliament to give councils and communities greater control over the number and location of liquor outlets in their districts.

    [ATTACHMENT 16] Pages 459 - 460

  17. Top APPOINTMENT TO AUCKLAND REGIONAL LAND TRANSPORT COMMITTEE FOR AUCKLAND CITY COUNCIL

    D Hay  
    Deputy Mayor 18 June 2008

    In November 2007 Councillor Millar was appointed on a short-term basis as council's representative to the Auckland Regional Land Transport Committee.

    Recommending that Councillor Lister be appointed to Auckland Regional Land Transport Committee for the remainder of the 2007-2010 triennium, replacing Councillor Millar.

    [ATTACHMENT 17] Pages 461 - 462

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

    Lee Manaia  
    Democracy Advisor 19 June 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 Transport Committee Report No. C03/2008 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)(h)

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

    In particular, this report contains material that in a competitive environment, competing with privately owned car parks, disclosure of strategic intent could have an adverse impact on the market.

    		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 Arts Culture and Recreation Committee Report No. C4/2008
    1. Emirates Team NZ Property Rental and Sponsorship
    2. Supplier recommendation report for Panmure town centre upgrade stage three
    		 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 contains information that could prejudice or disadvantage council's future negotiations with tenants or landowners.

    Section 7(2)(h)

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

    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 this report contains tender prices submitted by a contractors for the completion of public works. Disclosure of this information could prejudice or disadvantage council's future negotiations with contractors and 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.
    C3 Finance and Strategy Committee Report No. C5/2008
    1. Property Enterprise Board draft Statement of Intent
    2. Peer Review of the Business Case for the Replacement of Civic Theatre Seats
    		 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)(h)

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

    In particular, the report and the attached statement of intent contain information on the Property Enterprise Board's (PEB) strategies for acquiring and developing property and specific information about its objectives for particular projects. If this information was made available to other actors in the property market it would enable them to negotiate more favourable terms for transactions when dealing with the PEB; disclosure would therefore disadvantage the PEB in undertaking such commercial activities on the council's behalf.

    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, releasing the information in this report may disadvantage the council or The EdgeŽ in 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.

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