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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL HELD ON THURSDAY, 26 APRIL 2007 AT 6:00PM

PRESENT:	His Worship the Mayor, Dick Hubbard, ONZM, JP
	Councillors:	Neil	Abel	[until 7:10pm item 13; from 7:12pm item 13; until 8:33pm item C3]
		Doug	Armstrong, QSO	[from 6:10pm; until 6:30pm item 7; from 6:33pm item 8; until 7:58pm item C1; from 8:00pm item C1; until 8:10pm item C1; from 8:15pm C1]
		Leila	Boyle
		Dr. Cathy	Casey
		Bill	Christian, JP
		Glenda	Fryer	[until 7:00pm item 13; from 7:03pm item 13; until 7:15pm item 13; from 7:18pm item 13; until 7:28pm item 13; from 7:35pm item C1]
		Dr John	Hinchcliff, CNZM	[until 7:15pm item 13; from 7:20pm item 13]
	Deputy Mayor	Dr Bruce	Hucker, QSO
		Linda	Leighton	[from 7:10pm item 13]
		Scott	Milne, JP	[from 6:10pm]
		Richard	Northey, ONZM	[until 6:40pm item 9; from 6:46pm item 10]
		Noelene	Raffills	[until 6:20pm item 5; from 6:28pm item 5]
		Penny	Sefuiva
		Richard	Simpson
		Faye	Storer	[until 7:30pm item 13; from 7:33pm item C1; until 8:17pm item C1]
		Vern	Walsh, JP	[until 6:29pm item 7; from 6:33pm item 8; until 6:43pm item 9; from 6:45pm item 10]

Living Legends awards

Don McGlashan

Born in Auckland, singer/songwriter Don McGlashan has toured the globe picking up numerous awards along the way.

McGlashan has been widely recognised for his achievements, including Song of the Year at the NZ Recording Industry awards, being awarded APRA Silver Scrolls for well known songs "Anchor Me" and "Bathe in the River", and the audience award for composing the score for "No. 2" which featured at the Sundance Film Festival in 2006.

Since 1991 McGlashan has been singer and the main songwriter for The Mutton Birds, who have released four New Zealand top 10 albums, two top five singles, and a number one hit. McGlashan has composed for cinema and television, including Jane Campion's film "An Angel At My Table", and the 1990 Commonwealth Games theme. He was also a founder of Auckland's Watershed Theatre.

McGlashan maintains a busy performance schedule with his new band Don McGlashan and the Seven Sisters. Their latest album, Warm Hand, was released in 2006.

Stanley Palmer

Artist Stanley Palmer has lived in Mt Eden for over 30 years and is a well respected member of the community, with a strong commitment to heritage causes in Auckland.

The Auckland landscape has provided inspiration for many of his works, with some of the causes Palmer has contributed to over the years have seeing him donate his own works of art for charity, and paint particular subject to express his conscientious environmentalist approach.

He has supported or led some of the many community efforts to save the Methodist Church in Mount Eden from demolition. He is now an active member of the society and uses his artistic skills in fund raising to finance the alterations to convert the church to multi use community space.

Charles Crotty

Charles Crotty has been involved with Turn Your Life Around project (TYLA), since the Avondale Rotary Club was approached for funding to assist young offenders in the community ten years ago. After his own experiences with helping a young offender in his own workplace, Crotty believed in there being a way in which to help before they got involved with crime, hence TYLA was born.

Crotty has dedicated much of his own time to work on the programme, and has presented TYLA to the government and various other organisations over the past decade. Through his business skills and strategies he has guided the initiative from a small community youth project to being spread to other Auckland Communities, with government interest in moving the project nationwide.

Nick Tuitasi

Serving with the New Zealand Police since 1981, Nick Tuitasi has specialised in Crime Prevention and working with at-risk families in Auckland for the last 15 years. Many families in Auckland have benefited as a direct result of his work.

One of the highlights of Tuitasi's career has been his benchmark Community Approach initiative, which has been hugely successful and subsequently become a blueprint for the Police for special projects throughout New Zealand, there are now 29 of these centres around the country.

His outstanding community service efforts were recognised in 1998 when he was awarded the Queen's Service Medal. He still serves as a Senior Constable with the Mt Roskill Police.

Keith Taylor

Spanning across a number of decades, Keith Taylor continually strives to provide worship and liturgy in a bicultural and inclusive context, and has helped develop strategic plans within a theological framework throughout New Zealand.

Notable achievements throughout his career include serving as the Superintendent/ Executive Director for the Methodist Mission Northern, acting as a spokesperson and advocate theologian for the Mission and Methodist Church, representing their interests to the Methodist Church of New Zealand, Church and ecumenical agencies, Central and Local governments and other relevant industry networks.

Some of Taylor's community involvements include being a member of the Housing and Poverty Group NZCSS and the Auckland Synod.

Ivan Mercep

Since graduating for the University of Auckland school of architecture in 1954, Ivan Mercep's work has been widely acclaimed, with many notable achievements his field. Some of his works include award winning projects such as the Te Papa Museum of New Zealand, the University of Auckland Recreation Centre and the University of Auckland Arts Commerce Building as well as projects throughout New Zealand and overseas.

During his time abroad, he worked on Montreal's first suburban mall, and on the documentation of the SOM-designed office tower, adding to his knowledge of building technology and the documentation of large scale projects. He has been awarded with many NZIA National and Regional Awards among numerous others spanning throughout his outstanding career.

Mercep is also an active member in the community, being involved in a number of committees. He serves as an Officer if the Order of New Zealand and a Board member of the Civic Trust, with a highlight being named as Metro magazines Aucklander of the year in 2004.

1. APOLOGIES

   His Worship the Mayor moved:

   Councillor Christian seconded:

   That the apologies from Councillors Caughey, Millar and Mulholland for non-attendance and Councillor Leighton for lateness be accepted.

   CARRIED

2. MINUTES

   His Worship the Mayor moved:

   Councillor Hucker seconded:

   That the minutes of the ordinary meeting of council held on Thursday, 22 March 2007 be confirmed as a true and correct record.

   CARRIED

3. LEAVE OF ABSENCE

   There were no leave of absence requests.

4. PETITIONS

   There were no petitions.

5. DEPUTATIONS

   There were no deputations.

6. TRANSPORT AND URBAN LINKAGES COMMITTEE REPORT NO. 03/2007

   Councillor Simpson moved:

   Councillor Christian seconded:

   That the recommendations contained in the report of the Transport and Urban Linkages Committee No. 03/2007 be adopted ie:

   Submissions on the proposal to Rename Maniutu Street to Waiohua Road

   That Maniutu Street, Greenlane be renamed 'Waiohua Road'.

   CARRIED

7. ECONOMIC DEVELOPMENT AND SUSTAINABLE BUSINESS COMMITTEE REPORT NO. 02/2007

   Councillor Northey moved:

   Councillor Simpson seconded:

   That the recommendations contained in the report of the Economic Development and Sustainable Business Committee no. 02/2007 be adopted ie:

   Heart of the City Representation

   That Kathryn Carter act as an alternate to Judith Basset on Heart of the City.

   CARRIED

8. HEARINGS PANEL REPORT NO: 03/2007

   Councillor Fryer moved:

   Councillor Storer seconded:

   That the recommendations contained in the report of the Hearings Panel No. 03/2007 be adopted ie:

   Plan Change 186 - Greenlane Hospital

   1. That plan change 186 as attached as appendix 1 to the report of the Hearings Panel dated 4 April 2007 be approved for the following reasons:

   1. The plan change is consistent with achieving the overall purpose of the Resource Management Act 1991 and in particular, sustainable management of natural and physical resources.
   2. Any potential or actual effects of the plan change on residential amenity, traffic and parking, and vegetation either would be minor, or would be adequately addressed through the requirements for resource consent and by a covenant imposed over the title of the site offered by the applicant (Auckland District Health Board) and agreed to by the Council that will:

   1. Maintain the two storied building in its present position or relocated on the site, for no less than 50 years. Any alterations and additions to the building will require written agreement from the City Heritage Manager and in accordance with the heritage provisions of the Operative District Plan (Isthmus Section: 1999).
   2. Preserve the scheduled Puriri tree in the southwestern corner of the site from damage or destruction.
   3. Preserve the following trees from damage or destruction: The covenantor may apply to the council for a resource consent under the General Tree Protection rules in the District Plan for works to be carried out under the dripline of these trees (see note below regarding the Pin Oak.)

   • Cabbage tree (located near the western boundary)
   • Box Elder: (located near the centre of the site)
   • Pin Oak (located near the southern boundary) - no building works shall be undertaken within five metres from the trunk of this tree
   • Kermadec Pohutukawa: (located near the southern boundary)

   3. The plan change is the most appropriate means of achieving the objectives and policies of the Auckland City Council District Plan: Isthmus Section 1999.

   2. That for the reasons outlined in the report of the Hearings Panel dated 4 April 2007 submissions 1, 2, 3 and 4 be rejected.

   CARRIED

9. HEARINGS PANEL REPORT NO. 4/2007

   Councillor Fryer moved:

   Councillor Storer seconded:

   That the recommendations contained in the report of the Hearings Panel No. 4/2007 be adopted ie:

   Plan Modification No. 1- Central Area District Plan: Victoria Quarter Precinct, Proposed Plan Change: Plan Modification No. 118, Proposed Variation: Plan Modification No. 31

   1. A. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, Proposed Plan Modification No.1 to the Operative District Plan (Central Area Section) 2004, which implements a design-based approach to built form throughout that part of the Central Area named Victoria Quarter and introduces standards to ensure residential amenity is maintained or enhanced, be approved with amendments (attached as Appendix 1 of the report of the Hearings Panel dated 11 April 2007) for the following reasons:
      1. The proposed rules contained within the amended plan change are necessary in achieving the purpose of the Resource Management Act 1991.
      2. The Council has considered alternative means and is satisfied that the amended plan change, which amends the plan provisions in the Central Area will ensure that adverse effects are avoided, remedied or mitigated.
   2. That for the reasons outlined in the report of the Hearings Panel dated 11 April 2007, the submissions to Proposed Plan Modification No. 1 be accordingly accepted, accepted in part or rejected.
   3. That further submissions made in support or opposition to the prime submissions listed above be accepted, accepted in part or rejected accordingly.
   4. That the Manager: City Planning be authorised to publicly notify the fact that the Council has made its decision on submissions to Proposed Plan Modification No.1 to the Operative District Plan (Central Area Section) 2004.
   5. The Hearings Panel further recommends that the Council investigates the following -
      • Fast tracking of applications for good practice
      • Practice notes / additional training for Council staff
      • Information for applicants so they know council advice is available.

   CARRIED

10. HEARINGS PANEL REPORT NO. 5/2007

    Councillor Fryer moved:

    Councillor Storer seconded:

    That the recommendations contained in the report of the Hearings Panel No. 5/2007 be adopted ie:

    Plan Modification No. 2- Central Area District Plan: Part 5 Activities: Urban Design Control and Residential Amenity Control

    1. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, Proposed Plan Modification No.2 to the Operative District Plan (Central Area Section) 2004, which implements a design-based approach to built form throughout the Central Area and introduces standards to ensure residential amenity is maintained or enhanced, be approved with amendments (attached as Appendix 1 of the Hearings Panel dated 11 April 2007) for the following reasons:

    1. The proposed rules contained within the amended plan change are necessary in achieving the purpose of the Resource Management Act 1991.
    2. The Council has considered alternative means and is satisfied that the amended plan change, which amends the plan provisions in the Central Area will ensure that adverse effects are avoided, remedied or mitigated.

    2. That for the reasons outlined in the report of the Hearings Panel dated 11 April 2007, the submissions to Proposed Plan Modification No. 2 be accordingly accepted, accepted in part or rejected.
    3. That further submissions made in support or opposition to the prime submissions listed above be accepted, accepted in part or rejected accordingly.
    4. That the Manager: City Planning be authorised to publicly notify the fact that the Council has made its decision on submissions to Proposed Plan Modification No.2 to the Operative District Plan (Central Area Section) 2004.
    5. The Hearings Panel further recommends that the Council investigates the following changes -

    • Fast tracking of applications for good practice
    • Practice notes / additional training for Council staff
    • Information for applicants so they know council advice is available.

    CARRIED

11. ART GALLERY ENTERPRISE BOARD REPORT NO. 2/2007

    This item was moved to the confidential section of the agenda due to the personal nature of the topic under discussion.

12. CHIEF EXECUTIVE'S MARCH 2007 REPORT

    His Worship the Mayor moved:

    Councillor Hucker seconded:

    1. That the significant matters highlighted within the chief executive's report dated 18 April 2007 be noted.
    2. That council expresses its congratulations to the organisers of the Vector Arena on the success of the opening ceremony.

    CARRIED

13. LOCAL GOVERNMENT RATES INQUIRY SUBMISSION

    His Worship the Mayor moved:

    Councillor Northey seconded:

    1. That the council accepts the draft Local Government rates inquiry submission.
    2. That delegated authority be given to Councillor Richard Northey (member of the Local Government Rates Inquiry Working Party) and the Chief executive to approve the final wording of this submission to correct minor wording errors and reflect any changes required by Council.

    [ATTACHMENT 13A]

    CARRIED

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

    His Worship the Mayor moved:

    Councillor Christian seconded:

    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.	Economic Development and Sustainable Business Committee Report No: C1/2007	Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	S7(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 information contained in the report relating to the Eden Park Redevelopment, if released to the public would impact on further 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.
    C2.	Property Enterprise Board Report No: C2/2007	Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	S7(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. In particular, the information relating to 81-155 Park Road, Grafton if released to the public could impact on the commercial position of council. S7(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 information contained in the report relating to 81-155 Park Road, Grafton, if released to the public would impact on further 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.

     

    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
    C3.	Finance and Corporate Business Committee Report No: C3/2007	Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	S7(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. In particular, the information relating to the tender received, if released to the public could impact on the commercial position of council. S7(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 information contained in the report relating to the tender received, if released to the public would impact on further 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.

     

    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
    C4.	Art Gallery Enterprise Board Report No. 2/2007	Public conduct of the matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	S7(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 material contains a Curriculum Vitae including personal information.	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.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 8:40pm.