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AGENDA ATTACHMENTS

OPEN AGENDA

I hereby give notice that a meeting of the

COUNCIL

will be held as follows:

Members:

His Worship the Mayor will address the council with regards to a special recognition.

1. APOLOGIES

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

2. MINUTES

   The minutes of the ordinary meeting of Council held on Thursday, 26 August 2010 to be confirmed as a true and correct record.

3. LEAVE OF ABSENCE

4. PETITIONS

5. DEPUTATIONS

6. 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."

7. CITY DEVELOPMENT COMMITTEE REPORT NO. 08-2010

   This report relates to:

   1. Wynyard Quarter Plan Modifications - Operative In Part

      Seeking council approval for those parts of the Wynyard Quarter plan modifications that are no longer subject to challenge, to become 'operative in part'.
      

   2. Plan Change 218 - Approval to Include Three Buildings into the Heritage Schedule of District Plan

      Seeking council approval for Pan change 218, which incorporates the following three buildings as category B items into the schedule of buildings, objects and places, be incorporated into the District Plan:

      • 75 Parnell Road, Parnell (Mayfair Flats)
      • 317 St Heliers Bay Road, St Heliers (Blumenthal/Mondrian House)
      • 105 Tamaki Drive, Mission Bay (Garden Court Flats).
        
   3. Plan Change 219 Kohimarama Retirement Village - to be made Operative
      
   4. Seeking council approval for Plan change 219 - re-zoning land at 223 Kohimarama Road and 7 John Rymer Place, Kohimarama from Special Purpose 2 and Residential 6a to Special Purpose 1, and applying a site-specific concept plan (C14-15) for Kohimarama Retirement Village in the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative.

   [ATTACHMENT 7]

8. TRANSPORT COMMITTEE REPORT NO. 02-2010

   This report relates to:

   Proposed Pedestrian Mall for Governor Fitzroy Place, Central Business District (CBD)

   Seeking council approval for the commencement of the Special Consultative Procedures for the Governor Fitzroy Place pedestrian mall proposal project.

   [ATTACHMENT 8]

9. FINANCE AND STRATEGY COMMITTEE REPORT NO. 04-2010

   This report relates to

   Proposed Government Financial Assistance Package for Leaky Home Owners

   Seeking council approval to enter into the proposed government Financial Assistance Package (FAP) for leaky homeowners, subject to certain conditions.

   Further, seeking delegated authority for the Chief executive, once confirmation is received from the Auckland Transition Agency, to sign the final agreement for the FAP following introduction of the relevant legislation.

   The resolutions were not available at the time the agenda went to print and will be circulated separately.

   [ATTACHMENT 9]

10. URGENT DECISION OF THE COMMUNITY SERVICES COMMITTEE

    Attaching an urgent decision of the Community Services Committee dated 13 September 2010 in relation the approval to the change in use of the Maungarei Rooms, 7-13 Pilkington Rd, Panmure to be made available for the new Tamaki-Maungakiekie local board accommodation.

    Recommending that the report be noted.

    [ATTACHMENT 10]

11. HEARINGS PANEL REPORT NO. 13-2010

    This report relates to:

    Proposed Private Plan Modification 235: 286 Mt Wellington Highway (Sylvia Park)

    Seeking council adoption of the Hearings panel decision to accept, with modifications, Proposed Private Plan Change 235: 286 Mt Wellington Highway (Sylvia Park) to the Operative District Plan (Isthmus Section).

    [ATTACHMENT 11]

12. HEARINGS PANEL REPORT NO. 14-2010

    This report relates to:

    Proposed Private Plan Modification 8: Westfield St Lukes

    Seeking council adoption of the Hearings panel decision to accept, as modified, Proposed Private Plan Modification 8: Westfield St Lukes - to rezone land which is zoned Residential 6a, Business 4 and Residential 7b to Business 8 and to rezone part of Exeter Road (which is private road) to Business 8.

    [ATTACHMENT 12]

13. HEARINGS PANEL REPORT NO. 15-2010

    This report relates to:

    Recommendations of the Hearing Panel to Amend the Dog Policy and Dog Control Bylaw 2009

    Seeking council adoption of the hearings panel decision to accept the amendments to the Dog Policy and Dog Control Bylaw 2009, following the special consultative process, to add three Waiheke beaches to the list of designated dog exercise areas, namely Owhanake, Surfdale Beach and Anzac Bay.

    [ATTACHMENT 13]

14. HEARINGS PANEL REPORT NO. 16-2010

    This report relates to:

    Proposed Plan Change 269 to the Isthmus District Plan - Addition to the Schedule for Notable Trees

    Seeking council adoption of the hearings panel decision for Proposed Plan Change 269 to the Auckland City Operative District Plan (Isthmus Section) - to confirm the inclusion of a Pohutukawa tree located at 16 Almorah Place, Epsom in the schedule of notable trees.

    [ATTACHMENT 14]

15. HEARINGS PANEL REPORT NO. 17-2010

    This report relates to:

    Rugby World Cup 2011 - Amendment of the Signs Bylaw 2007 and the Billboard Bylaw 2007

    Seeking council adoption of the hearings panel decision to accept the proposed amendments of the Auckland City Council Signs Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Signs Amendment Bylaw No 4, and Auckland City Council Billboards Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Signs Amendment Bylaw No 1 of 2010; both to come into force on 4 October 2010.

    [ATTACHMENT 15]

16. HEARINGS PANEL REPORT NO. 18-2010

    This report relates to:

    Proposed Plan Change 36 - Learning Quarter - Area 1

    Seeking council adoption of the hearings panel decision to approve Proposed Plan Change 36 to the City of Auckland - District Plan - Central Area Section (2004), by deleting the Tertiary Education Precinct provisions of Part 14.12 and replacing them with a new set of provisions referred to as "Learning Quarter - Area 1", subject to the amendments as described in the Plan Change document.

    [ATTACHMENT 16]

17. HEARINGS PANEL REPORT NO. 19-2010

    This report relates to:

    Proposed Private Plan Modification 227 - Central Park, Ellerslie

    Seeking council adoption of the hearings panel decision to accept Proposed Private Plan Modification 227 - Central Park, Ellerslie, to the Auckland City Operative District Plan (Isthmus Section) subject to the modifications contained in the Concept Plan.

    [ATTACHMENT 17]

18. HEARINGS PANEL REPORT NO. 20-2010

    This report relates to:

    Proposed Plan Modifications 54, 55, 199 and 292

    Seeking council adoption of the hearings panel decisions to approve Proposed Private Plan Changes 54, 55, 199 and 292 to the Auckland City Council District Plan (Central Area) and (Isthmus), subject to amendments as identified in each decision.

    [ATTACHMENT 18]

    REPORTS FROM OFFICERS

19. CHIEF EXECUTIVE'S SEPTEMBER 2010 REPORT

    D Rankin
    Chief executive	17 September 2010

    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 19]

20. VALEDICTORY SPEECHES

    Councillors will be given the opportunity to make a three minute valedictory speech to the council meeting.

21. 21 EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia
    Democracy Advisor	16 September 2010
    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 and Strategy Committee Report No. 05-2010 - Report and Resolutions from Arts, Culture and Recreation Committee - Acquisition of Land for Open Space	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, this report identifies a property council wishes to purchase. Disclosure of this information could prejudice or disadvantage council's negotiations or its commercial position."; This report also contains references to the value of the property, information that impacts on the value and contract terms which form the basis of negotiations for the purchase of the property between council and the landowner.	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	Finance and Strategy Committee Report No. 06-2010 - Financials for Proposed Government Financial Assistance Package For Leaky Home Owners	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)(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 of the weathertight proposal from the Government includes commercially sensitive information with financial data that could negatively impact council in future litigation.	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.