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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, 23 April 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, 26 March 2009 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 COMMITTEE REPORT NO. 03/2009

    This report relates to:

    1. Decisions on Submissions to the Proposed Hauraki Gulf Islands District Plan 2009

    Seeking council approval for the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 to be amended in accordance with the recommendations contained in the decision reports of the hearings panel, and the amendments to take effect from the date on which the council publicly notifies its decisions. Further recommending that the Manager: Islands be authorised to advise requiring authorities of the council's recommendations and to undertake notification of the council's decision.

    Secretarial note: A copy of the Auckland City District Plan: Hauraki Gulf Island Section - Proposed 2006 was circulated to those councillors who were not members of the City Development Committee. Due to the volume of paper associated with the Plan (4 volumes), copies will be available for the public on request only. A copy may also be viewed on the Auckland City Council website.

    1. Introduction of a New Administration Bylaw and Consequential Amendments to Other Bylaws

    Seeking council approval to begin the special consultative procedure to adopt a new Administration Bylaw and consequential amendments to other bylaws using the draft bylaw and the statement of proposal (attached as appendix 1 to the report of the Senior planner citywide strategy dated 13 March 2009).

    1. Making Plan Change 61 Operative - Isthmus District Plan

    Seeking council approval to adopt plan change 61 - Glen Innes residential 6a and 8 rezoning to the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative. Further, that the Manager, Outer Isthmus be authorised to complete the statutory processes required to make plan change 61 operative.

    1. Plan Change 145 and Variation 145a - St Heliers Centre Plan - Approval to Incorporate into the District Plan (Isthmus)

    Seeking council approval for plan change 145 and variation 145A to introduce a centre plan to St Heliers Village to protect the character and amenity values of the village for incorporating into the Auckland City District Pan: Isthmus Section 1999.

    Furthermore, seeking authorisation for the Manager, outer isthmus to be authorised to publicly notify the date on which the plan change becomes operative.

    [ATTACHMENT 7] Pages 1 - 72
  8. Top FINANCE & STRATEGY COMMITTEE REPORT NO. 01/2009

    This report relates to:

    Governance Delegations Register Amendments

    Seeking council approval for the adoption of the amendments to the Governance Register section of the Auckland City Council Delegations Register.

    A further report outlining the specific changes to the Delegations Register as agreed to by Councillors Armstrong, Goldsmith and Northey, as delegated by the Finance & Strategy Committee, will be circulated under separate cover.

    [ATTACHMENT 8] Pages 73 - 132
  9. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO 1/2009

    This report relates to:

    Delegations of the Regional Governance Committee

    Seeking council approval to appoint Community Board Chair Bruce Kilmister to the Regional Governance Committee as a non-voting member.

    [ATTACHMENT 9] Pages 133 - 140
  10. Top HEARINGS PANEL REPORT NO. 3/2009

    This report relates to:

    Recommendations to Amend the Auckland City Council Traffic Bylaw 2006

    Reporting the result of Hearings Panel consideration of proposed amendments of the Traffic Bylaw 2006.

    Recommending that council adopt the resolutions of the Hearings Panel as listed, and endorsing that they come into force on the date of the council resolution.

    [ATTACHMENT 10] Pages 141 - 200
  11. Top HEARINGS PANEL REPORT NO. 4/2009

    This report relates to:

    Recommendations on Plan Change 219 to the Auckland City Operative District Plan 1999 - Isthmus Section

    Reporting the result of Hearings Panel consideration of plan change 219 to rezone 3,077 hectares at 223 Kohimarama Road and 451m2 at 7 John Rymer Place from Special Purpose 2 (Education) to Special Purpose 1 (Health) and apply Concept Plan C14-05: Kohimarama Retirement Village to the Auckland City Council District Plan 1999: Isthmus Section.

    Recommending that council adopt the resolutions of the Hearings Panel with modifications to the Concept Plan as set out in Appendix 1 of the report of the Hearings Panel dated 2 April 2009.

    [ATTACHMENT 11] Pages 201 - 236
  12. Top HEARINGS PANEL REPORT NO. 5/2009

    This report relates to:

    Recommendations to Introduce a New Dog Policy and Dog Control Bylaw

    Reporting the result of Hearings Panel consideration of the special consultative process to introduce a new Dog Policy and Dog Control Bylaw.

    Recommending that council adopt the resolutions of the Hearings Panel as set out in the report dated 26 March 2009, and that the new Dog Control Bylaw 2009 and Dog Policy come into force on 1 June 2009. Further, that City Planning commence consultation in October 2009 with members of the public on amendments to the dog policy and dog bylaw on various matters as outlined in the Hearings Panel Report No. 5/2009.

    [ATTACHMENT 12] Pages 237 - 294
  13. Top HEARINGS PANEL REPORT NO. 6/2009

    This report relates to:

    1. Report and Recommendations of the Hearing Panel on Submissions to Plan Change 217, Additions to the Heritage Schedule - Isthmus District Plan, Building 5, Greenlane Hospital, 210 Greenlane Road West

    Reporting the result of Hearings Panel consideration to include Building 5, Greenlane Hospital into the Heritage Schedule - Isthmus District Plan.

    Recommending that council adopt the resolutions of the Hearings Panel as set out in the report dated 20 March 2009.

    1. Report and Recommendations of the Hearing Panel on Submissions to Plan Change 217, Additions to the Heritage Schedule - Isthmus District Plan, at 123 Grafton Road, Grafton; 1218-1220 Great North Road, Point Chevalier; 465-475 Khyber Pass Road, Newmarket; 24 Mountain Road Epsom; 537 Mt Eden Road, Mt Eden; 143-149 Newton Road, Eden Terrace and 118-126 Ponsonby Road, Ponsonby

    Reporting the result of Hearings Panel consideration for additions to the heritage schedule - Isthmus District Plan (excluding Building 5, Greenlane Hospital).

    Recommending that council adopt the resolutions of the Hearings Panel to modify Plan Change 217 as set out in the Hearings Panel Report No. 6/2009.

    [ATTACHMENT 13] Pages 295 - 366
  14. Top REMUNERATION WORKING PARTY REPORT NO. 01/2009

    This report relates to:

    Remuneration Pool 2009/2010 and Expense and Reimbursement Policy

    Seeking council acceptance to no increases in the rates of remuneration for elected representatives for 2009/2010, and that an amount of $70,000 be set aside for the 2009/2010 meeting fee pool to cover Resource Management Act hearing requirements and the criteria be extended to include business related to the implementation of the restructure of the Auckland region.

    Further, seeking that council adopt the travel policy for elected representatives as amended, and that officers be requested to prepare a submission from council to the Remuneration Authority rejecting the proposed change to the motor vehicle mileage allowance for elected members and supporting the status quo.

    [ATTACHMENT 14] Pages 367 - 400

    REPORTS OF OFFICERS

  15. Top CHIEF EXECUTIVE'S APRIL 2009 REPORT

    D Rankin  
    Chief executive 16 April 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 15] Pages 401 - 408
  16. Top FOOTPATH MAINTENANCE AND RENEWAL CONTRACTS

    D Rankin  
    Chief executive 16 April 2009

    Reporting back to council on the request for assurance of probity for the footpath renewal contracts PW/08/589 and PW/08/591.

    Seeking council approval for the footpath renewal contracts PW/08/589 and PW/08/591.

    [ATTACHMENT 16] Pages 409 - 422
  17. Top NOTICE OF MOTION - DISTINGUISHED CITIZENS AWARD

    John Banks  
    Mayor 20 March 2009

    In 2002 the distinguished citizen award was established and has been continued through the consecutive electoral terms of council.

    Recommending that a working party be established to determine the Distinguished Citizen Award recipients for the remaining period of the 2007-2010 electoral term.

    Secretarial note: This item was deferred from the 26 March 2009 council meeting.

    [ATTACHMENT 17] Pages 423 - 424
  18. Top NOTICE OF MOTION - AUCKLAND REGIONAL GOVERNANCE ADVOCACY

    Richard Northey  
    Councillor 15 April 2009

    Formerly identifying and detailing the key issues that council could and should advocate on this vital time while key decisions are being made by the Government and other organisations.

    Recommending that Auckland City Council records its issues to Regional Governance reorganisation for advocacy by the City Council, preferably in conjunction with other councils in the region.

    [ATTACHMENT 18] Pages 425 - 426
  19. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 16 April 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.

    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 Auckland Art Gallery Development - Variations to Contract 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)(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 matter is part of a contract negotiation and is therefore considered commercially sensitive.

    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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