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AGENDA ATTACHMENTS

OPEN AGENDA

I hereby give notice that an extraordinary meeting of the

COUNCIL

will be held as follows:

DATE:	Friday, 12 June 2009
TIME:	10:00 am
VENUE:	Meeting Room
	Level 15, Civic Administration Building

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, MP
Cr	Toni	Millar, JP
Cr	Greg	Moyle, ED
Cr	Graeme	Mulholland, JP
Cr	Richard	Northey, ONZM
Cr	Noelene	Raffills
Cr	Denise	Roche

1. APOLOGIES

   At the close of the agenda no apologies had been received.

2. PETITIONS

   There were no petitions received at the time the agenda was completed.

3. DEPUTATIONS

   There were no deputations received at the time the agenda was completed.

4. 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

5. CITY DEVELOPMENT COMMITTEE REPORT NO. 05/2009

   This report relates to:

   Tender for Waiheke Waste Services

   Seeking Council approval for a tender for a ten year contract with Transpacific Industries Group (NZ) Ltd for the refuse and recyclable collections, operation and redevelopment of the transfer station based on their alternative tender for a bag-based system with the option of residents choosing a bin-based service tender in the sum of $21,441,043 plus GST including a contingency sum of $300,000.

   [ATTACHMENT 5]

   Pages 1-56

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

   Lee Manaia
   Democracy Advisor	09 Jun 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 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	Tender for Waiheke Island waste services	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. In particular, the report on the Waiheke Island Waste Services tenders contains information which is commercially sensitive and would be likely to unreasonably prejudice the commercial position of the organisation which supplied the information. It also allows Council to carry out, without prejudice or disadvantage commercial activities.	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.