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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON THURSDAY, 27 MARCH 2008 AT 6:00PM

PRESENT: His Worship the Mayor Hon John Banks, QSO [until 6:10pm item 1; from 6:56pm item 8]
  Deputy Mayor David Hay, JP  
  Councillors: Douglas Armstrong, QSO  
  Ken Baguley  
    Aaron Bhatnagar [until 6:50pm item 7; from 6:55pm item 8]
    Leila Boyle [until 6:50pm item 7; from 6:55pm item 8]
    Dr Cathy Casey [until 6:50pm item 7; from 6:55pm item 8]
  Bill Christian, JP  
  Mark Donnelly  
    Graeme Easte  
  Glenda Fryer
    Paul Goldsmith [until 7:58pm item 13; from 7:52pm item 13]
    Toni Millar, JP  
    Greg Moyle, E.D.
    Graeme Mulholland, JP
    Noelene Raffills
    Denise Roche

NOTICE OF MOTION

SIR EDMUND HILLARY

Lady Hillary, Peter Hillary, Sarah Hillary, June Carlisle and six other members of the Hillary family were present to receive the framed resolution and condolence books.

His Worship the Mayor moved:

Deputy Mayor David Hay seconded:

That the Mayor and Councillors of Auckland City Council convey their heartfelt condolences and respects to the Hillary family on the passing of a truly extraordinary man. A beekeeper, adventurer and philanthropist, Sir Edmund Hillary was a hero, a role model and a distinguished citizen of Auckland city.

CARRIED UNANIMOUSLY

His Worship the Mayor asked the Deputy Mayor to chair the meeting to allow the Mayor to farewell Lady Hillary and family. The Deputy Mayor assumed the chair.


  1. Top APOLOGIES

    Deputy Mayor David Hay moved:

    Councillor Armstrong seconded:

    That the apologies from Councillors Lotu-Iiga and Northey for non-attendance be accepted.

    CARRIED

  2. Top MINUTES

    Deputy Mayor David Hay moved:

    Councillor Raffills seconded:

    That the minutes of the ordinary meeting of council held on 28 February 2008 and of the extraordinary council meetings on 5 March and 12 March 2008 be confirmed as true and correct records.

    CARRIED

  3. Top LEAVE OF ABSENCE

    There were no applications for leave of absence.

  4. Top PETITIONS

    There were no petitions.

  5. Top DEPUTATIONS

    5.1. COUNCIL DELEGATION FROM THE MAYORS' TASKFORCE FOR JOBS

    Deputy Mayor David Hay moved:

    Councillor Moyle seconded:

    That Mr Dale Williams (Mayor of Otorohanga District Council, and Chair of Mayors Taskforce for Jobs) and Jan Francis (Executive officer, Mayors Taskforce for Jobs) be thanked for their presentation regarding the operations of the Mayors' Taskforce for Jobs.

    CARRIED

    The Deputy Mayor moved:

    Councillor Casey seconded:

    That item 15 be taken at this point.

    CARRIED

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  7. Top TRANSPORT COMMITTEE REPORT NO. 02/2008

    Councillor Baguley moved:

    Councillor Millar seconded:

    That the recommendations contained in the Transport Committee report No. 02/2008 be adopted ie:

    1. Update report on the State Highway 20 (SH20) South-Western Cycleway - Hillsborough Road to Richardson Road

    That the sum of $1,540,000 for Transit New Zealand to construct the State Highway 20 (SH20) south-western cycleway, extending from Hillsborough Road/Hendry Avenue to Richardson Road/ Ernie Pinches Road, be approved.

    1. Maintenance Alliance Tender Outcomes

    1. That the tender submitted by the consortium of Leighton Contractors, Blacktop Construction and MWH for the Auckland City Council Western Road Maintenance Alliance be accepted to proceed to the Interim Alliance Agreement phase.
    2. That subject to a successful conclusion of the Interim Alliance Agreement phase, the consortium of Leighton Contractors, Blacktop Construction and MWH be accepted as the councils Alliance partner for the Auckland City Council Western Road Maintenance Alliance.
    3. That the annual budget of the alliance be established within the annual budgets approved by Auckland City Council in June each year.

    CARRIED

    His Worship the Mayor resumed the Chair.

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 02/2008

    Councillor Mulholland moved:

    Councillor Christian seconded:

    That the recommendations contained in the City Development Committee report No. 02/2008 be adopted ie:

    1. Bylaw Review - Public Domain And Environment Related Bylaws

    That Council approve the commencement of the special consultative procedure for the bylaw review relating to amusement galleries, cultural and recreational facilities, construction, environmental protection, refuse landfill development control, stormwater and the council's coat of arms bylaws.

    1. Paerimu Street Stormwater Upgrade - SP872
    1. That Council accept the H & H Contractors Ltd tender of $1,025,000 (inclusive of contingency sum but exclusive of provisional sum and GST) for Paerimu Street stormwater upgrade project.
    2. That the Paerimu Street stormwater upgrade contract SP872 be concluded pursuant to recommendation (A) above, and to include a provisional sum of $750.000 as provided for in the tender document resulting in a total contract sum of $1,775,000.
    3. That approval for expenditure against the provisional sum included in the Paerimu Street stormwater upgrade contract SP872, be in accordance with the delegation register and the contract.
    1. Plan Change 194 - Nine Heritage B Buildings for Scheduling - Approval to Incorporate into the District Plan (Isthmus)

    1. That plan change 194, which schedules nine category B heritage items at the following addresses for heritage protection into the Isthmus section of district plan, be incorporated into the Auckland City District Plan: Isthmus Section 1999:
      • 3-9 Ascot Avenue, Remuera
      • 504-506 Blockhouse Bay Road, Blockhouse Bay
      • 69-79 Endeavour Street, Blockhouse Bay

      • 470 Great North Road, Grey Lynn

      • Great North Road, Western Springs (Cnr Great North Rd and Stadium Rd)

      • 428-434 Mt Eden Road, Mt Eden

      • 447 Mt Eden Road, Mt Eden

      • Poronui Steet, Mt Eden (End of Poronui St, entrance to Auckland Normal Intermediate school)

      • 73 Valley Road, Mt Eden

    2. That the Manager - inner isthmus be authorised to publicly notify the date on which plan change 194 will become operative.
    1. Plan Change 211- 17 Peacock Street, Glendowie - Approval to Incorporate into the District Plan (Isthmus Section)
    1. That plan change 211 - 17 Peacock Street, Glendowie, Auckland, that schedules a Pohutukawa tree, be incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Manager - outer isthmus be authorised to publicly notify the date on which plan change 211 - 17 Peacock Street, Glendowie will become operative.

    CARRIED

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 3/2008

    Councillor Armstrong moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report No. 3/2008 be adopted ie:

    1. Supplier Recommendation Report for Auckland Art Gallery Development project

    1. That council confirms its support for the Art Gallery development project at a cost-to-complete of $113 million (which includes a contingency sum of $5 million), representing an estimated increased cost to council of $10.47 million and bringing council's total contribution to $48.1 million, noting that this increase comprises:
      • $5.4 million increase as a result of Environment Court decision
      • $9.15 million of increased main building construction costs
    2. That council awards the Art Gallery development main building contract to Hawkins Construction Ltd for the sum of $85.38 million (excl. GST) which includes a Provisional Sum of $1.6 million for the nominated security contract, tendered separately on a concurrent basis, all subject to Stage 1 building consent (demolition, piling & foundations) been issued.
    3. That the Art Gallery development project update on budget, procurement, design, and regulatory status be received.
    4. That council accept the fundraising risk noting that the Auckland Art Gallery Foundation is confident the risk is small.
      1. Auckland Festival Trust - Additional Financial Assistance

    That the level of funding provided for in the biennial funding agreement to Auckland Festival Trust be reinstated to $2.0 million, noting this will necessitate Council providing an additional $200,000 funding for the 2007/2008 year, which is currently unbudgeted.

    1. Fees and Charges for Temporary use of the Road Reserve

    That the Transport schedule of fees and charges for temporary use of the road reserve be accepted and included in the 2008/2009 draft annual plan for public consultation as follows:

    Transport Schedule of Fees & Charges for Activities In, On and Above the Road 2008 - 2009
    Item Service Description Unit Measure Fee excl GST Fees from 1 July 2008 incl GST
    1 Applications & Occupations      
             
    1.1 Road Openings (see notes 4.3)      
    1.1.1 Minor works including retrospective each 18.67 21.00
    1.1.2 Major works each 33.33 37.50
    1.1.3 Project works each 60.00 67.50
    1.1.4 Urgent processing requests each 80.00 90.00
    1.2 Operations in the street      
    1.2.1 Light casual in parking lane or berm area only each 40.00 45.00
    1.2.2 Heavy casual in parking lane or berm area only each 80.00 90.00
    1.2.3 Annual operators permit in parking lane or berm area only each 3,000.00 3,375.00
    1.2.4 Mobile cranes - see 1.4 Temporary full and partial road closures      
    1.2.5 Urgent processing requests each 80.00 90.00
    1.3 LUC construction sites    
    1.3.1 Traffic management plan reviews (maximum charge $400.00 excl GST) per hour 80.00 90.00
    1.3.2 Temporary use of road reserve for hoardings, loading zones or other on the footpath only. For occupancy of traffic lanes see 1.4      
    1.3.2.1 CBD, Newmarket, Ponsonby, Parnell m2 pa 300.00 337.50
    1.3.2.2 Arterials & other retail and mixed business areas m2 pa 200.00 225.00
    1.3.2.3 All other areas m2 pa 100.00 112.50
    1.3.3 Urgent processing requests each 200.00 225.00
    1.4 Temporary full and partial road closures (exceeding 5 minutes in any hour)      
    1.4.1 Advertising each At cost
    1.4.2 Administration incl invoicing each 40.00 45.00
    1.4.3.1 Arterial class roads lane per day 500.00 562.50
    1.4.3.2 Collector class roads lane per day 250.00 281.25
    1.4.3.3 Residential class roads lane per day 100.00 112.50
    1.4.4 Urgent processing requests each 80.00 90.00
    2 Auditing      
    2.1 Road openings
    2.1.1 Minor works (performance based) each 40.00 45.00
    2.1.2 Major works (performance based) each 60.00 67.50
    2.1.3 Project works (weekly) each 80.00 90.00
    2.1.4 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.2 Operations in the street    
    2.2.1 All sites (performance based) each 40.00 45.00
    2.2.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.3 LUC Construction sites      
    2.3.1 CBD, Newmarket, Ponsonby, Parnell (weekly) each 40.00 45.00
    2.3.2 Arterials & other retail and mixed business areas (monthly) each 40.00 45.00
    2.3.3 All other areas (random) each 40.00 45.00
    2.3.4 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.4 Street damage deposits & Private to public drainage connections      
    2.4.1 Pre-commencement (optional) each 60.00 67.50
    2.4.2 Post CCC (mandatory) each 60.00 67.50
    2.4.3 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.5 Requests for service      
    2.5.1 Principal / contractor cause each 60.00 67.50
    2.5.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.6 Temporary traffic management      
    2.6.1 All sites (random and if NCN issued) each 60.00 67.50
    2.6.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    3 Other    
    3.1 Non notified works      
    3.1.1 Non notified and/or not approved per site 250.00 281.25
    3.1.2 Further delay in submitting application per day 50.00 56.25
    3.2 Non permitted temporary traffic management      
      Early establishment / late disestablishment      
    3.2.1 Arterial class roads per hour
    or
    part hour
    750.00 843.75
    3.2.2 Collector class roads 400.00 450.00
    3.2.3 Residential class roads 150.00 168.75
    3.3 Non notified full or partial road closures      
    3.3.1 Arterial class roads per lane
    per day
    or part day
    750.00 843.75
    3.3.2 Collector class roads 400.00 450.00
    3.3.3 Residential class roads 150.00 168.75
    3.4 Unidentified works      
      Sites identified after completion but not notified      
    3.4.1 Excavation and identification of causer by council contractor per site At cost
    3.4.2 Non notified works per site 400.00 450.00
    3.4.3 Administration per site 80.00 90.00
    3.5 Non actioned Non Compliance Notice (NCN)      
    3.5.1 Rectification by council contractor per site At cost
    3.5.2 Administration per site 80.00 90.00
    4 Notes      
    4.1 Fees and charges for non compliance notices (NCN's) apply from the time of notification by an authorised council officer either verbally or in writing to the principal. Verbal notifications will be confirmed in writing as soon as practical and in any case not later than the following working day.
    4.2 An authorised council officer may waive or reduce any of the scheduled fees in specific situations.
    4.3 Classes of road opening notices are as defined in The Code of Practice for Working in the Road, Auckland Region or in the National Code of Practice for Utilities Access to the Road, whichever is operative at the time of the commencement of the relevant service.

    Councillor Roche moved the following amendment to resolution 9(i) adding a new E.:

    Councillor Easte seconded:

    1. That following the circulation of the media release entitled "Auckland Art Gallery budget confirmed through tender process" on 18 March 2008, no media releases confirming budgets or tenders be sent out prior to the relevant Council and/or Committee decision being made.

    LOST

    Councillor Casey moved the following amendment to resolution 9(ii) by way of substitution:

    Councillor Boyle seconded:

    That the level of funding provided for the biennial funding agreement to Auckland Festival be increased to $2.3 million, noting that this will necessitate council reinstating $200,000 in funding for the 2007/2008 year and an additional $400,000 in funding for the 2008/2009 year.

    A division was called for, voting on which was as follows:

    For the Amendment: Against the Amendment:
    Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer

    Denise Roche

    Councillors: Doug Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor John Banks

    Councillors Peseta Sam Lotu-Iiga and Richard Northey were absent.

    The amendment was declared LOST by 12 votes to 5.

    The Mayor put the following substantive motion:

    That the recommendations contained in the Finance and Strategy Committee report No. 3/2008 be adopted ie:

    1. Supplier Recommendation Report for Auckland Art Gallery Development project

    1. That council confirms its support for the Art Gallery development project at a cost-to-complete of $113 million (which includes a contingency sum of $5 million), representing an estimated increased cost to council of $10.47 million and bringing council's total contribution to $48.1 million, noting that this increase comprises:
      • $5.4 million increase as a result of Environment Court decision
      • $9.15 million of increased main building construction costs
    2. That council awards the Art Gallery development main building contract to Hawkins Construction Ltd for the sum of $85.38 million (excl. GST) which includes a Provisional Sum of $1.6 million for the nominated security contract, tendered separately on a concurrent basis, all subject to Stage 1 building consent (demolition, piling & foundations) been issued.
    3. That the Art Gallery development project update on budget, procurement, design, and regulatory status be received.
    4. That council accept the fundraising risk noting that the Auckland Art Gallery Foundation is confident the risk is small.
      1. Auckland Festival Trust - Additional Financial Assistance

    That the level of funding provided for in the biennial funding agreement to Auckland Festival Trust be reinstated to $2.0 million, noting this will necessitate Council providing an additional $200,000 funding for the 2007/2008 year, which is currently unbudgeted.

    1. Fees and Charges for Temporary use of the Road Reserve

    That the Transport schedule of fees and charges for temporary use of the road reserve be accepted and included in the 2008/2009 draft annual plan for public consultation as follows:

    Transport Schedule of Fees & Charges for Activities In, On and Above the Road 2008 - 2009
    Item Service Description Unit Measure Fee excl GST Fees from 1 July 2008 incl GST
    1 Applications & Occupations      
    1.1 Road Openings (see notes 4.3)      
    1.1.1 Minor works including retrospective each 18.67 21.00
    1.1.2 Major works each 33.33 37.50
    1.1.3 Project works each 60.00 67.50
    1.1.4 Urgent processing requests each 80.00 90.00
    1.2 Operations in the street      
    1.2.1 Light casual in parking lane or berm area only each 40.00 45.00
    1.2.2 Heavy casual in parking lane or berm area only each 80.00 90.00
    1.2.3 Annual operators permit in parking lane or berm area only each 3,000.00 3,375.00
    1.2.4 Mobile cranes - see 1.4 Temporary full and partial road closures      
    1.2.5 Urgent processing requests each 80.00 90.00
    1.3 LUC construction sites    
    1.3.1 Traffic management plan reviews (maximum charge $400.00 excl GST) per hour 80.00 90.00
    1.3.2 Temporary use of road reserve for hoardings, loading zones or other on the footpath only. For occupancy of traffic lanes see 1.4      
    1.3.2.1 CBD, Newmarket, Ponsonby, Parnell m2 pa 300.00 337.50
    1.3.2.2 Arterials & other retail and mixed business areas m2 pa 200.00 225.00
    1.3.2.3 All other areas m2 pa 100.00 112.50
    1.3.3 Urgent processing requests each 200.00 225.00
    1.4 Temporary full and partial road closures (exceeding 5 minutes in any hour)      
    1.4.1 Advertising each At cost
    1.4.2 Administration incl invoicing each 40.00 45.00
    1.4.3.1 Arterial class roads lane per day 500.00 562.50
    1.4.3.2 Collector class roads lane per day 250.00 281.25
    1.4.3.3 Residential class roads lane per day 100.00 112.50
    1.4.4 Urgent processing requests each 80.00 90.00
    2 Auditing      
    2.1 Road openings    
    2.1.1 Minor works (performance based) each 40.00 45.00
    2.1.2 Major works (performance based) each 60.00 67.50
    2.1.3 Project works (weekly) each 80.00 90.00
    2.1.4 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.2 Operations in the street  
    2.2.1 All sites (performance based) each 40.00 45.00
    2.2.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.3 LUC Construction sites      
    2.3.1 CBD, Newmarket, Ponsonby, Parnell (weekly) each 40.00 45.00
    2.3.2 Arterials & other retail and mixed business areas (monthly) each 40.00 45.00
    2.3.3 All other areas (random) each 40.00 45.00
    2.3.4 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.4 Street damage deposits & Private to public drainage connections      
    2.4.1 Pre-commencement (optional) each 60.00 67.50
    2.4.2 Post CCC (mandatory) each 60.00 67.50
    2.4.3 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.5 Requests for service      
    2.5.1 Principal / contractor cause each 60.00 67.50
    2.5.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    2.6 Temporary traffic management      
    2.6.1 All sites (random and if NCN issued) each 60.00 67.50
    2.6.2 Follow up where NCN issued - all sites by specified date and ongoing daily until completed by contractor or council each 80.00 90.00
    3 Other      
    3.1 Non notified works      
    3.1.1 Non notified and/or not approved per site 250.00 281.25
    3.1.2 Further delay in submitting application per day 50.00 56.25
    3.2 Non permitted temporary traffic management      
      Early establishment / late disestablishment    
    3.2.1 Arterial class roads per hour
    or
    part hour
    750.00 843.75
    3.2.2 Collector class roads 400.00 450.00
    3.2.3 Residential class roads 150.00 168.75
    3.3 Non notified full or partial road closures      
    3.3.1 Arterial class roads per lane
    per day
    or part day
    750.00 843.75
    3.3.2 Collector class roads 400.00 450.00
    3.3.3 Residential class roads 150.00 168.75
    3.4 Unidentified works      
      Sites identified after completion but not notified      
    3.4.1 Excavation and identification of causer by council contractor per site At cost
    3.4.2 Non notified works per site 400.00 450.00
    3.4.3 Administration per site 80.00 90.00
    3.5 Non actioned Non Compliance Notice (NCN)      
    3.5.1 Rectification by council contractor per site At cost
    3.5.2 Administration per site 80.00 90.00
    4 Notes      
    4.1 Fees and charges for non compliance notices (NCN's) apply from the time of notification by an authorised council officer either verbally or in writing to the principal. Verbal notifications will be confirmed in writing as soon as practical and in any case not later than the following working day.
    4.2 An authorised council officer may waive or reduce any of the scheduled fees in specific situations.
    4.3 Classes of road opening notices are as defined in The Code of Practice for Working in the Road, Auckland Region or in the National Code of Practice for Utilities Access to the Road, whichever is operative at the time of the commencement of the relevant service.

    CARRIED

  10. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO. 01/2008

    Deputy Mayor David Hay moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Regional Governance Committee report No. 1/2008 be adopted ie:

    Royal Commission Governance Options and Progress Update

    1. That Council, in approving the submission to the Royal Commission, seeks to be heard in support of its submission, and requests one hour for this presentation at the public hearing.

    2. That His Worship the Mayor, Deputy Mayor and Chief Executive (or his alternate) be approved as Council representatives at the Royal Commission public hearing process, with Councillor Armstrong as the alternate for His Worship the Mayor and Deputy Mayor in the event that they are unable to attend.

    CARRIED

  11. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 4/2008

    Councillor Armstrong moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report No. 4/2008 be adopted ie:

    Approval for Auckland City Council to Guarantee Watercare Services Limited's Debt

    1. That Auckland City Council guarantee Watercare Services Limited's (Watercare) debt, subject to the development of satisfactory agreements with the board of Watercare and between the shareholding councils (including back-to-back guarantees).

    2. That responsibility for approving the final terms of the Auckland City Council guarantee of Watercare Services Limited's debt documents be delegated to the chair of the Finance and Strategy Committee and the Chief Executive.

    3. That it be noted that Auckland City Council's offer to guarantee the cost of borrowing for Watercare Services Limited will reduce the level of price increases from 46.5 per cent and 30 per cent to 17.5 per cent and 13 per cent for water and wastewater respectively, a saving of over $400 million for Auckland water users over the next 10 years.

    CARRIED

  12. Top CHIEF EXECUTIVE'S FEBRUARY 2008 REPORT

    His Worship the Mayor moved:

    Councillor Raffills seconded:

    That the council notes the significant matters highlighted within the Chief executive's February report dated 20 March 2008.

    CARRIED

    The meeting adjourned at 7:40pm and reconvened at 7:50pm.

  13. Top 2008/2009 DRAFT ANNUAL PLAN AND AMENDMENTS TO OUR 2006-2016 LONG-TERM COUNCIL COMMUNITY PLAN

    A memo dated 27 March 2008 was tabled detailing the changes made to the draft Annual Plan 2008/2009 as a result of feedback received from councillors.

    [ATTACHMENT 13]

    Councillor Armstrong moved:

    Deputy Mayor David Hay seconded:

    1. That Auckland City Council's draft Annual Plan 2008/2009 (incorporating amendments to the 2006-2016 Long-term council community plan) be adopted for public consultation.
    2. That the Chairman of the Finance and Strategy Committee and General Manager Finance be delegated authority to make minor edits and any changes reflecting outstanding recommendations by Audit New Zealand.

    Councillor Boyle moved the following amendment:

    Councillor Easte seconded:

    That the draft Annual Plan include an option 4 on Metrowater water prices, that is, the option which describes no water price increase for the 2008/2009 financial year.

    A division was called for, voting on which was as follows:

    For the Amendment: Against the Amendment:
    Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer

    Denise Roche

    Councillors: Doug Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor John Banks

    Councillors Peseta Sam Lotu-Iiga and Richard Northey were absent.

    The amendment was declared LOST by 12 votes to 5.

    Councillor Casey moved the following amendment to resolution A.:

    Councillor Fryer seconded:

    That the following changes be made to the draft 2008/2009 Annual Plan document:

    1. Replace "Government and housing agencies" with "the NZ Housing Foundation" under Arts Community and Recreation strategic milestone 28 b).

    LOST

    1. Include a clear definition of what "Under Review" means.
    2. Draft 2008/2009 Annual Plan document page 53, para4: Add the words "or cancelled" after the word "reinstated", so it reads as follows:

    "We would like feedback on whether you think any of the projects should be reinstated or cancelled."

    CARRIED

    The Mayor put the following substantive motion:

    1. That Auckland City Council's draft Annual Plan 2008/2009 (incorporating amendments to the 2006-2016 Long-term council community plan) be adopted for public consultation, subject to the following amendments:
    1. Include a clear definition of what "Under Review" means.
    1. Page 53 of the draft 2008/2009 Annual Plan document, para 4 - add the words "or cancelled" after the word "reinstated", so it reads as follows:

    "We would like feedback on whether you think any of the projects should be reinstated or cancelled."

    1. That the Chairman of the Finance and Strategy Committee and General Manager Finance be delegated authority to make minor edits and any changes reflecting outstanding recommendations by Audit New Zealand.

    CARRIED

  14. Top 2007 TRIENNIAL COUNCIL ELECTIONS

    His Worship the Mayor moved:

    Councillor Bhatnagar seconded:

    That the following matters be referred to the Finance and Strategy Committee for consideration by the end of July 2008 for a report back to Council at its August 2008 meeting:

    1. which electoral system is to be used for the 2010 Council elections;

    2. whether Maori representation is to be introduced for the 2010 Council elections;

    3.  whether a representation arrangements review is to be undertaken in 2009 (optional but compulsory if Maori representation is introduced) for the 2010 Council elections, or to leave this until the legally required 2012 date - subject to the Royal Commission on Auckland's findings.

    CARRIED

  15. Top NOTICE OF MOTION - Mayors' Taskforce for Jobs

    Councillor Casey moved:

    Councillor Roche seconded:

    1. That Auckland City Council supports retaining its membership of the Mayors' Taskforce for Jobs.

    2. That Councillor Boyle be the alternate for His Worship the Mayor Hon. John Banks at Mayors' Taskforce for Jobs events.

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Councillors: Leila Boyle

    Cathy Casey

    Bill Christian

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Denise Roche

    Councillors: Doug Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor John Banks Councillors Peseta Sam Lotu-Iiga and Richard Northey were absent.

    The motion was declared LOST by 9 votes to 7.

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

    His Worship the Mayor moved:

    Deputy Mayor David Hay 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 Finance and Strategy Committee:

    i. Supplier recommendation report for Auckland Art Gallery development project

    ii. Orakei Marina Berth Sales

    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)(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 document contains financial information that if released to the public would jeopardise Council's ability to negotiate with the preferred supplier.

    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, council's ability to maximise the potential value from the proposed sale of berths could be jeopardised should the information in the report become available to the public.

    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 8:04pm.

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