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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, 25 September 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

    An apology has been received from Councillor Donnelly.

  2. Top MINUTES

    The minutes of the ordinary meeting of Council held on Thursday, 28 August 2008 to be confirmed as a true and correct record.

  3. Top LEAVE OF ABSENCE

  4. Top PETITIONS

  5. Top DEPUTATIONS

    5.1. GREG MCKEOWN - TE WERO BRIDGE AND RELATED TRANSPORT ISSUES

    Mr Greg McKeown, representing business, heritage and viaduct interests, wishes to address council with regard to the Te Wero Bridge and key related transport issues that relate to the decision the council is being asked to make.

  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. 7/2008

    This report relates to:

    Central Connector - Grafton Bridge Strengthening Tender Acceptance Report (PR/07/492)

    Seeking council approval to enter into a contract with The Fletcher Construction Company Ltd for the strengthening of Grafton Bridge in association with the Central Connector project, to the value of $6,906,260.52 and a contingency sum of $1,000,000.

    [ATTACHMENT 7] Pages 1 - 10

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 07/2008

    This report relates to:

    1. Te Wero Bridge Design Consultant Engagement
      Seeking council approval to let the design contract to Hyder Consulting, Denton Corker Marshall and Kenneth Grubb Associates Ltd with the final terms and conditions to be approved by the Chair of the City Development Committee and the Chief executive, provided that the fee is within the budget envelope contemplated, noting that the contract commission is only for preliminary design until it is known whether the subsidy is granted from New Zealand Transport Agency.
    2. Plan Change 123 and Variation 123A - Mt Eden Centre Plan - Approval to Incorporate into the District Plan (Isthmus)
      Seeking council approval for Plan Change 123 and Variation 123A to be incorporated into the Auckland City District Plan: Isthmus Section 1999, and that the Manager - Inner Isthmus be authorised to publicly notify the date on which the Plan Change and Variation will become operative.
    [ATTACHMENT 8] Pages 11 - 42

  9. Top APPEALS SUB-COMMITTEE REPORT NO. 01/2008

    This report relates to:

    Plan Change 142 - Panmure Structure Plan and Local View Protection

    Seeking council adoption of Plan Change 142 - Panmure Structure Plan and Local View Protection to be incorporated into the Auckland City District Plan: Isthmus Section 1999 and that the Manager, citywide strategy be authorised to notify the date on which Plan Change 142 will become operative.

    [ATTACHMENT 9] Pages 43 - 86

  10. Top AUDIT AND RISK COMMITTEE REPORT NO. 01/2008

    This report relates to:

    Annual Report 2007/2008

    Informing council of the outcome of the Audit and Risk Committee meeting held on 16 September 2008, where it was noted:

    • that council has completed all tasks required to sign the Audit letter of representation as required by Audit New Zealand and that Audit New Zealand have indicated that they will sign an unqualified audit opinion once they have received the Audit letter of representation and the signed Annual Report.
    • that the amended note in respect of changes in accounting policies for the council's capitalisation of interest policy be approved subject to Audit confirmation.

    Recommending that the report be received.

    [ATTACHMENT 10] Pages 87 - 100

  11. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 8/2008

    This report relates to:

    1. Annual Report 2007/2008
      Seeking council approval to adopt the Annual Report 2007/2008.
      A copy of the draft Annual Report 2007/2008 was provided to the councillors. A copy is available to the public on request.
    2. Establishment of Holding Company
      Seeking council approval to establish a holding company, on the basis that no assets or activities are to be transferred to the holding company at this stage. Further, that officers assess relevant assets and activities on a case-by-case basis and report back to council with recommendations about transferring (or not transferring) each asset or activity to a holding company.
    [ATTACHMENT 11] Pages 101 - 124

    REPORTS OF OFFICERS

  12. Top CHIEF EXECUTIVE'S REPORT

    D Rankin  
    Chief executive 18 September 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 12] Pages 125 - 132

  13. Top APPOINTMENTS TO COMMITTEES AND REVIEW OF ALLOCATIONS

    D Hay  
    Deputy Mayor September 2008

    This report was not available at the time the agenda went to print and will be circulated under separate cover.

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

    Lee Manaia  
    Democracy Advisor 18 September 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 Audit & Risk Committee Report No. C01/2008 - Review of External appointment to Audit and Risk Committee 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)(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 personal information about the proposed external appointee.

    		 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 City Development Committee Report No. C3/2008 - Te Wero Bridge Design Consultant Engagement 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 report contains commercially sensitive information i.e. prices that were submitted by the consultant in confidence and potential negotiation strategy implemented by council with the consultant. Such negotiations as yet are incomplete, therefore making available the information could unreasonably prejudice the commercial position of the consultant and/or council.

    		 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 & Recreation Committee Report No. C7/2008 - Station Square Access 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)

    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.

    		 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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