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OPEN AGENDA

 I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 26 February 2009
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, ED
Cr Graeme Mulholland, JP
Cr Richard Northey, ONZM
Cr Noelene Raffills
Cr Denise Roche

  1. Top APOLOGIES

    An apology has been received from Councillor Moyle.

  2. Top MINUTES

    The minutes of the ordinary meeting of Council held on Thursday, 11 December 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 CITY DEVELOPMENT REPORT NO. 01/2009

    This report relates to:

    Plan Change 2: Urban Design and Residential Amenity Controls, Central Area District Plan

    Seeking council approval for Plan Modification 2 to the Operative District Plan (Central Area Section) 2004 which introduces urban design and residential amenity controls, in order that the plan change can be made operative. Furthermore, recommending that the Manager, central area planning be authorised to complete the statutory processes required to make it operative.

    [ATTACHMENT 7] Pages 1 - 22
  8. Top APPEALS SUB-COMMITTEE REPORT NO. 02/2008

    This report relates to:

    Plan Change 210 - 42 Herd Road, Hillsborough - Selwyn Heights Retirement Village - Approval to Incorporate into the Isthmus District Plan

    Seeking council approval to incorporate Private plan change 210 - 42 Herd Road, Hillsborough, which rezones land from Residential 6a to Special Purpose 1, into the Auckland City District Plan: Isthmus Section 1999. Furthermore, recommending that the manager, outer isthmus be authorised to publicly notify the date on which Plan change 210 will become operative.

    [ATTACHMENT 8] Pages 23 - 44
  9. Top HEARINGS PANEL REPORT NO. 1/2009

    This report relates to:

    Recommendations on Plan Change 223 to the Auckland City Operative District Plan 1999 - Isthmus Section

    Seeking council approval for part of Proposed plan modification 223 that proposes to

    1. rezone 0.53ha of land currently zoned Open Space 1 to Business 6 at 781 Great South Road, Southdown
    2. rezone an area from Special Purpose 3 to Business 6 at 791-793 Great South Road, Southdown.
    [ATTACHMENT 9] Pages 45 - 90
  10. Top HEARINGS PANEL REPORT NO. 2/2009

    This report relates to:

    Recommendations on Plan Change 196 - Newmarket Growth Area Structure Plan - Isthmus District Plan

    Seeking council approval for Proposed plan change 196 which provides a comprehensive and integrated framework in the Isthmus District Plan for facilitating growth in Newmarket in accordance with the Auckland City Growth Management Strategy 2003 and liveable community plan for Newmarket. Further recommending that council investigate administrative and district plan changes regarding more appropriate building in relation to boundary controls for properties adjoining urban squares and public spaces and existing threshold controls in their entirety.

    [ATTACHMENT 10] Pages 91 - 266

    REPORTS OF OFFICERS

  11. Top CHIEF EXECUTIVE'S JANUARY 2009 REPORT

    D Rankin  
    Chief executive 18 February 2009

    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 11] Pages 267 - 278
  12. Top EDEN-ALBERT COMMUNITY BOARD BY-ELECTION

    D Ofsoske  
    Electoral officer 19 January 2009

    Seeking council approval for the adoption of the early processing of the returned voting documents during the voting period.

    [ATTACHMENT 12] Pages 279 - 282
  13. Top COUNCILLOR APPOINTMENTS TO OUTSIDE ORGANISATIONS AND MEMBERSHIP OF COMMITTEES

    David Hay  
    Deputy mayor 18 February 2009

    Reporting on a suggested change to the membership of committees by recommending the appointment of Councillor Goldsmith as the Deputy chair of the Finance & Strategy Committee. Also recommending a change in the councillor representation to outside organisations by recommending that Councillor Goldsmith be appointed to the Shareholders Representative Group for Watercare Limited to replace Councillor Bhatnagar.

    [ATTACHMENT 13] Pages 283 - 284
  14. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 19 February 2009
    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 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. Pah Homestead - potential refurbishment to lease 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)

    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 the delivery of council's required outcomes with a third party and a private benefactor, that if released to the public, could jeopardise the 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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