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OPEN AGENDA

 I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 23 October 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, 25 September 2008 and the extraordinary council meeting held on Thursday, 9 October 2008 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."

    REPORTS OF COMMITTEES

  7. Top TRANSPORT COMMITTEE REPORT NO. 8/2008

    This report relates to:

    Cliff Road, St Heliers - Stage 1 Contract - Increase to Approved Contract Price

    Seeking council approval to increase the contract sum for Cliff Road Stage 1 awarded to Schick Construction and Cartage Ltd by $90,000 to $1,065,337.

    [ATTACHMENT 7] Pages 1 - 6

  8. Top ARTS, CULTURE AND RECREATION COMMITTEE REPORT NO. 3/2008

    This report relates to:

    Rugby World Cup 2001 - Operational Programme and Funding

    Seeking council endorsement for the $33.8 million operational programme for Rugby World Cup 2011 to be included in the 2009-2019 Long-term council community plan (LTCCP) funded through

    • $9.7 million reallocation within current budgeted baseline budgets
    • $4.0 million from external sources
    • $11.0 million from the redirection of the 2007/2008 operating surplus
    • with the balance of $9.1m to be considered via a 2011/2012 dedicated Rugby World Cup 2011 targeted rate.
    [ATTACHMENT 8] Pages 7 - 76

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

    This report relates to:

    1. Report on the Seven Strategies
      Seeking council endorsement of the amendments to the organisation's seven draft strategies.
    2. Weathertight Update - Financial
      Seeking council approval to invest in a process that fixes houses rather than pursuing a litigation approach, and that officers continue to advocate in support of the no-fault strategy developed by Local Government New Zealand, which is based on a process where council and owners will each meet 25% of the repair costs and Government will meet 50% of the cost, less what they recoup from the other defendants. Further recommending that until such time as central government responds, council continue with its strategy of participating in the settling of weathertight claims.
    3. Draft Community Outcomes Three-Year Progress Report
      Seeking council approval to the public release of the community outcomes three-year progress report via council's website in December 2008, and that the Chair of the Finance & Strategy Committee, together with the Manager Strategy be authorised to make any changes to the report as drafted to rectify non-material errors and/or omissions.
    [ATTACHMENT 9] Pages 77 - 158

  10. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 08/2008

    This report relates to:

    1. Amendment of the Traffic Bylaw 2007
      Seeking council approval to commence the special consultative procedure regarding the amendment of the Auckland City Traffic Bylaw 2007.
    2. Metrowater Service Agreement for the Provision of Stormwater Services
      Seeking council approval for the operational expenditure of $4,795,000 and capital expenditure of $11,261,000 as documented within the 2008/2009 annual service proposal from Metro Water Limited.
    [ATTACHMENT 10] Pages 189 - 272

  11. Top REMUNERATION WORKING PARTY REPORT NO. 01/2008

    This report relates to:

    Appointments to Committees and Review of Allocations

    Seeking council approval to reallocate the elected representatives remuneration pool:

    • Increasing the honorarium for the Deputy Chair of the City Development Committee and Hauraki Gulf Island District Plan panel members
    • 5% increase in the honorarium to councillors
    • 1% increase to Community board Chairpersons and board members
    • changing the expense rules for elected representatives for the period July 2008 to 30 June 2009.
    [ATTACHMENT 11] Pages 273 - 312

  12. Top CHIEF EXECUTIVE'S REPORT

    D Rankin  
    Chief executive 16 October 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 313 - 322

  13. Top APPOINTMENT TO AUCKLAND REGIONAL PHYSICAL ACTIVITY AND SPORTS STRATEGY (ARPASS)

    D Hay  
    Deputy Mayor 10 October 2008

    Recommending that a new councillor be appointed to the role as council representative to Auckland Regional Physical Activity and Sports Strategy (ARPASS) as this work is more in line with the specific area of interest to the recommended councillor and to assist in the balance of workloads.

    Recommending that Councillor Lister be appointed to the Auckland Regional Physical Activity and Sports Strategy group for the remainder of the 2007-2010 triennium in place of Councillor Baguley.

    [ATTACHMENT 13] Pages 323 - 324

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

    Lee Manaia  
    Democracy Advisor 16 October 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 & Strategy Committee Report No. C7/2008 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)(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 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. Acquisition of Land for Road 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, t he report contains information about the negotiations between council and the property owner, that if released to the public could jeopardise council's position and 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.
    C3 Consideration of an underwrite for a commercial musical production at The Edge 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.

    In particular, the report includes detailed information on THE EDGEŽ's approach to assessing the risk and financial returns of a proposed show which, if released to the public would enable its competitors to gain commercial advantage when bidding for or setting prices for future shows.

    		 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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