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OPEN AGENDA

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

DATE: Thursday, 22 October 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, MP
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

    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, 16 September 2009 and the extraordinary meeting on Thursday, 8 October 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. 9-2009

    This report relates to:

    1. Review of Auckland City Council Draft Liquor Licensing Policy and Special Consultative Procedure

      Seeking council approval to cease the special consultative procedure to inform the Auckland City Council draft liquor licensing policy at the closure of the written submission period on 7 October 2009.

    2. Signs Bylaw 2007 - Review of Poster Boards

      Seeking council approval to commence the special consultative procedure to gain public feedback on the Auckland City Council Signs Amendment Bylaw No. 3 of 2009 and the corresponding Statement of proposal.

    3. Variation 29 Scheduling of Fitzroy Hotel 75 Wakefield Street

      Seeking council endorsement of Variation 29 to be made operative, listing Ashington House (formerly Fitzroy Hotel) at 75-77 Wakefield Street, Auckland as a Category A building under Appendix 1 Schedule A: Buildings, Heritage Properties or Places of Special Value to the Auckland City District Plan (Central Area Section) with a score of 98 points.

    [ATTACHMENT 7]  
  8. Top TRANSPORT COMMITTEE REPORT NO. 5-2009

    This report relates to:

    Legislative authority for establishing subordinate decision-making bodies

    Seeking council approval to replace the existing Transport Resolution Subcommittee with a subordinate decision-making body of council officers, to be named the Transport Management Board, and allocate to that body the ability to pass resolutions under the Auckland City Council Traffic Bylaw 2006.

    [ATTACHMENT 8]  
  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 3-2009

    This report relates to:

    1. Auckland Regional Transport Network Limited 2008/2009 Annual Report and 2009 Annual Meeting

      Seeking council approval to vote in favour of the resolutions of Auckland Regional Transport Network Limited's (ARTNL) 2009 annual meeting, to be held by way of written resolution in lieu of a physical meeting.

      Further, recommending that Councillor Armstrong be delegated authority to vote on behalf of Auckland City Council, and sign documents required to give effect to the proposed resolutions of ARTNL 2009 general meeting.

    2. Renewal of the Exemption for the Mt Alert Grammar School Community Swimming Pool Trust and Arts Regional Trust from Council-controlled Organisation Status

      Seeking council approval to exempt Mt Albert Grammar School Community Swimming Pool Trust and Arts Regional Trust from council controlled organisation status under section 7 of the Local Government Act 2002 on the grounds that the benefits of applying the required level of monitoring to the trusts would be outweighed by the costs, and that current reporting arrangements are appropriate.

    [ATTACHMENT 9]  
  10. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO. 5-2009

    This report relates to:

    Regional Governance Committee meeting

    Providing the resolutions and reports from the Regional Governance Committee meeting held on Thursday, 13 October 2009 for information.

    [ATTACHMENT 10]  

    REPORTS OF OFFICERS

  11. Top CHIEF EXECUTIVE'S OCTOBER 2009 REPORT

    D Rankin  
    Chief executive 16 October 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]  
  12. Top NOTICE OF MOTION - NEW MEETING PROCEDURE REGARDING STATEMENT ON CONFLICTS OF INTEREST

    Cathy Casey  
    Councillor 8 October 2009

    Requesting that council adopts a new reporting procedure for its meetings to include a statement at the beginning of each agenda that will serve to remind councillors of their requirement under the Code of Conduct to stand aside from decision making when a conflict of interest arises.

    Recommending that council include the following statement at the beginning of agendas:

    Conflicts of Interest

    The Auckland City Council has acknowledged in its Code of Conduct that the mayor and councillors must maintain a clear separation between their personal interests and their duties as an elected member to ensure they carry out their duties free from bias (whether real or perceived). If an elected member believes that such a bias exists (whether real or perceived) on any matter, they are prohibited from participating in any council discussion or any vote relating to it. This note is provided as a reminder to members to check that no such conflicts arise in relation to any items on the agenda.

    Secretarial note: This item would normally be referred to the Audit and Risk Committee but given the length of time that would elapse before that committee next meets, with the consent of the Audit & Risk Committee Chair this item was placed on the council agenda.

    [ATTACHMENT 12]  
  13. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 15 October 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 Finance & Strategy Committee Report No. C6-2009 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 personal information concerning 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.

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