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Back to contents AGENDA ATTACHMENTS

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 28 August 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

  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, 24 July 2008 to be confirmed as a true and correct record.

  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."

    REPORTS OF COMMITTEES

  7. Top TRANSPORT COMMITTEE REPORT NO. 6/2008

    This report relates to:

    1. i. Proposed Speed Limit Reduction for Queen Street

    Seeking council endorsement for the lowering of the speed limit in Queen Street, Auckland city between Mayoral Drive and Customs Street from 50 to 30 kilometres an hour.

    1. ii. Term Maintenance Physical Works and Professional Services Contract Values for 2008/2009

    Seeking council approval to award term contract values for the 16 transport projects relating to general maintenance, road marking, street lighting, carriageway renewals, footpath renewals, Hauraki Gulf Island wharves maintenance and professional services.

    [ATTACHMENT 7] Pages 1 - 16
  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 06/2008

    This report relates to:

    1. i. District Plan (Central Area): Proposed Plan Modification 14 - Minor Amendments to Heritage Provisions

    Seeking council approval for Plan Modification 14 to the Operative District Plan (Central Area Section) 2004 in order that the plan change can be made operative, and that the Manager, central area planning be authorised to complete the statutory processes required.

    1. ii. Plan Change 1 - Victoria Quarter, Central Area District Plan

    Seeking council approval for Plan Modification 1 to the Operative District Plan (Central Area Section) 2004 and Plan Modification No. 31 to the Proposed District Plan 1997 which relate to the Victoria Quarter (western part of the central area, bound by Hobson Street, Fanshawe St, Union St and Victoria Park).

    Also seeking council approval for Plan Modification 118 - Commercial 8V: Victoria Zone, to the Transitional Operative District Plan 1991 in order that the plan change be made operative, and that the Manager, Central area planning be authorised to complete the statutory process required to make both plan modifications operative.

    1. iii. Plan Change 71 - Mixed Use Operative

    Seeking council approval for the Manager: Inner isthmus to be authorised to complete the statutory processes required to make plan change 71 (mixed-use zone) to the Isthmus Plan operative.

    1. iv. Marine Events Project Update

    Seeking council approval for an additional $7.8 million for the 2009/2010 and $1.5 million for the 2010/2011 financial years for additional enhancements at the Marine Events Centre (MEC) to maximise the functionality, sustainability and public amenity/urban design. Noting, that this would increase the development budget to $29.3 million, which includes payable development contributions of $1.6 million.

    1. v. Network Utility Plan Changes 90, 90A and 74 to the Isthmus District Plan

    Seeking council approval to withdraw plan change 90 (revision of the network utility section part 4A.4) and plan change 90A (a variation to plan change 90 that seeks to correct inconsistencies to water, stormwater and sewerage provisions) and that remaining relevant provisions of these proposed plan changes be specifically considered for inclusion in the comprehensive review of the network utility provisions to be undertaken by officers as part of the review of the Isthmus District Plan. Furthermore, that the Manager, Inner Isthmus be authorised to commence statutory withdrawal procedures for plan changes 90 and 90A.

    Also seeking that Plan change 74 which strengthens the assessment criteria for new aboveground lines and amend discrepancies, be retained.

    [ATTACHMENT 8] Pages 17 - 182
  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 7/2008

    The report relates to:

    1. i. Electoral System and Maori Representation

    Seeking council agreement that it would be inappropriate to make changes to the electoral and Maori representative system at this time, in view of council's submission to and the ongoing deliberations by the Royal Commission. Furthermore, seeking council approval to continue the existing first past the post electoral system and ward representation.

    1. ii. Draft One Plan for the Auckland Regional (Version One)

    Seeking council endorsement of One Plan for Auckland (version 1) subject to feedback being provided to the Regional Sustainable Development Forum (RSDF), and that council's RSDF members be delegated authority to sign off council's response to the RSDF and present council's views on the draft One Plan for Auckland region (version 1) at the September and October RSDF meetings.

    1. iii. Declaration of Land to be Surplus and Sold - Part 594 Great North Road

    Seeking council approval to dispose of surplus land of approximately 100mē being the rear part of Lot 42 DP20423, in accordance with the provision of the Public Works Act 1981.

    [ATTACHMENT 9] Pages 183 - 268
  10. Top HEARINGS PANEL REPORT NO. 5/2008

    This report relates to:

    Recommendations on Private Plan Change 225 to the Auckland City Operative District Plan - Isthmus Section

    Reporting the result of Hearings Panel consideration of Private plan change 225 to rezone 452mē of land at 32 Balfour Road, Parnell to Business 4.

    Recommending that council approve the rezoning of land at 32 Balfour Rd, Parnell to Business 4 and apply Concept Plan B10-19 to the Auckland City Council District Plan 1999: Isthmus Section with modifications as indicated. Furthermore, that the Manager: Inner isthmus be authorised to publicly notify that the council has made its decision on submissions to proposed Plan Change 225.

    [ATTACHMENT 10] Pages 269 - 324
  11. Top HEARINGS PANEL REPORT NO. 6/2008

    This report relates to:

    Recommendations of the Hearings Panel to Introduce the New Auckland City Council Cemeteries Bylaw 2008 and to Revoke Part 7 (Cemeteries) of the Auckland City Council Consolidated Bylaw 1998

    Reporting the result of Hearings Panel consideration to revoke the existing Cemeteries Bylaw (part 7 of the Auckland City Consolidated Bylaw 1998) and adopt a new Cemeteries bylaw 2008.

    Recommending that council revoke the existing Cemeteries Bylaw (part 7 of the Auckland City Consolidated Bylaw 1998) and adopt a new Cemeteries bylaw 2008. Furthermore, that the Cemeteries bylaw 2008 come into force on 15 September 2008.

    [ATTACHMENT 11] Pages 325 - 342
  12. Top ARTS, CULTURE AND RECREATION REPORT NO. 2/2008

    This report relates to:

    Aotea Square Redevelopment - Landscape Design Public Consultation Feedback and Design Enhancements

    The resolutions from the extraordinary Arts, Culture and Recreation Committee meeting of Wednesday, 27 August 2008 will be tabled at the 28 August council meeting.

    [ATTACHMENT 12] Pages 343 - 360

    REPORTS OF OFFICERS

  13. Top CHIEF EXECUTIVE'S JULY 2008 REPORT

    D Rankin  
    Chief executive 21 August 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 361 - 368
  14. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 21 August 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 Report No. C6/2008 -

    i. Maori Land Rates

    ii. Supplier recommendation report for the theatre seat replacement at the Civic Theatre

    Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. i. 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 assessment numbers and property locations of properties for which rates are recommended to be written off which could lead to the identification of the property owners concerned.

    ii. 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.

    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 report contains financial and commercial information relating to the contractor, that if released to the public, would compromise council's commercial activities and ability to negotiate.

    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. C5/2008

    i. Supplier Recommendation report for the Aotea Square Redevelopment

    ii. Report and Resolutions from the Great Barrier Community Board - Medlands Historic Reserve Burial Issues

    Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. i. 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 financial and commercial information relating to various contractors / tenderers for the Aotea contract, and contains sensitive information which could prejudice or disadvantage council in commercial negotiations or activities.

    ii. Section 7(2)(a)

    The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased persons.

    In particular, Great Barrier Island is a small community and there are sensitivity issues relating to private individuals and families.

    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 Arts, Culture and Recreation Committee Report No. C6/2008

    i. Approval of indemnity arrangements for the Civic Carpark

    ii. Acquisition of Land for Open Space - Onehunga

    iii. Request for Underwrite - Auckland Festival Trust

    Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. i. 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)(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 information needs to be confidential, as released it would breach an obligation of confidentiality in the Deed of Indemnity, and would prejudice the commercial positions of the organisations involved.

    ii. 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.

    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 deals with details on proposed land acquisitions. Public disclosure of this information would prejudice the bargaining position of Auckland City.

    iii. 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)(h)

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

    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 report contains information relating to third parties, that if released to the public, would compromise the Auckland Festival's ability to carry out negotiations and commercial activities in relation to the organising of the Auckland Festival 2009.

    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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