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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON TUESDAY, 29 APRIL 2008 AT 6:00PM

PRESENT: His Worship the Mayor Hon John Banks, QSO  
  Deputy Mayor David Hay, JP  
  Councillors: Douglas Armstrong, QSO [from 6:05pm item 5.1]
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle  
    Dr Cathy Casey  
    Bill Christian, JP [until 7:13pm item 11; from 7:17pm item 11]
    Mark Donnelly  
    Graeme Easte  
    Glenda Fryer  
    Paul Goldsmith [until 7:17pm item 11; from 7:20pm item 11]
    John Lister, OBE [until 7:20pm item 11; from 7:24pm item 11]
    Peseta Sam Lotu-Iiga  
    Toni Millar, JP [from 6:09pm item 5.1]
    Greg Moyle, E.D. [from 6:08pm item 5.1
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills [from 6:08pm item 5.1
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That the apologies from Councillors Millar, Moyle and Raffills for lateness be accepted.

    CARRIED

  2. Top MINUTES

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That the minutes of the council meeting held on Thursday, 27 March 2008 and of the extraordinary meeting held on Thursday, 17 April 2008 be confirmed as true and correct records.

    CARRIED

  3. Top LEAVE OF ABSENCE

    There was no leave of absence.

  4. Top PETITIONS

    There were no petitions.

  5. Top DEPUTATIONS

    5.1. GREENS ON CAMPUS - LUCY HAWCROFT

    Ms Lucy Hawcroft and Ms Nina Hall gave a presentation regarding impacts of climate change, actions taken by other councils around the country and suggestions for policy change.

    [ATTACHMENT 5.1]

    His Worship the Mayor moved:

    Councillor Raffills seconded:

    That Ms Hawcroft and Ms Hall from Greens on Campus at University of Auckland be thanked for their presentation.

    Councillor Roche moved the following amendment:

    Seconded Councillor Fryer:

    1. That the submission from the Greens on Campus be received and referred to the City Development Committee for consideration, together with a report from officers on the issues raised in the submission.

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

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

    Cathy Casey

    Bill Christian

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche

    		 Councillors: Doug Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor John Banks

    The amendment was declared LOST by 12 votes to 8.

    His Worship the Mayor put the following substantive motion:

    That Ms Hawcroft and Ms Hall from Greens on Campus at University of Auckland be thanked for their presentation.

    CARRIED

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary item of business.

  7. Top TRANSPORT COMMITTEE REPORT NO. 3/2008

    Councillor Baguley moved:

    Councillor Christian seconded:

    That the recommendations contained in the Transport Committee report No. 3/2008 be adopted, ie:

    Supplier Recommendation report for Isthmus Beach - Isthmus Beach Replenishment supply and Placement of Sand to Six Beaches

    That Council approves the contract with Coastal Resources Ltd in the sum of $1,993,781 (plus GST) for contract PR/08/565 Supply and Placement of Sand to Six Beaches including Pt Chevalier, Herne Bay Beach, Hamilton Reserve, Sentinel Reserve, Blockhouse Bay and Taylors Reserve.

    CARRIED

  8. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 5/2008

    Secretarial note: The meeting dealt with resolution ii., Supplier Recommendation Report for the Bella Vista, Home Bay and Cremorne Reserves Physical Works Contract, first.

    Councillor Armstrong moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the report of the Finance and Strategy Committee report No. 5/2008 be adopted, ie:

    1. Supplier Recommendation Report for the Bella Vista, Home Bay and Cremorne Reserves Physical Works Contract

    1. That the tender of $539,426 (plus GST) submitted by John Fillmore Contracting Ltd for the upgrade of Bella Vista, Home Bay and Cremorne reserves, be accepted.

    2. That the shortfall of $136,665 for the upgrade of Bella Vista, Home Bay and Cremorne reserves be offset against savings of $150,000 from the Talbot Reserve development project.

    CARRIED

    Councillor Armstrong moved:

    Councillor Christian seconded:

    That the recommendation contained in the Finance and Strategy Committee report No. 5/2008 be adopted, ie:

    1. Auckland Regional Council Draft Annual Plan 2008/2009

    That the chair of the Finance and Strategy Committee, Councillor Armstrong and Councillor Northey, as representatives of the annual plan editorial working party, together with the Deputy Mayor, be delegated authority to approve any final changes to Auckland City Council's submission to Auckland Regional Council's draft annual plan 2008/2009 following the 29 April 2008 Council meeting.

    Councillor Armstrong moved the following amendment:

    Councillor Bhatnagar seconded:

    That the recommendation contained in the report of the Finance and Strategy Committee report No. 5/2008 be amended and adopted as follows, ie:

    1. Auckland Regional Council Draft Annual Plan 2008/2009

    1. That the draft council submission on the Auckland Regional Council's draft 2008/2009 Annual Plan, attached to the Senior Strategic Analyst's report dated 29 April 2008 entitled "Auckland Regional Council draft Annual Plan 2008/2009", be approved.

    2. That His Worship the Mayor, Deputy Mayor and Chief Executive (or his alternate) be appointed as council representatives at the public hearings on the Auckland Regional Council's draft annual plan, scheduled for 19-29 May.

    3. That the chair of the Finance and Strategy Committee, Councillor Armstrong, Councillors Bhatnagar, Boyle, Northey and Deputy Mayor David Hay be appointed to a working party with delegated authority to approve any final changes to Auckland City Council's submission to Auckland Regional Council's draft annual plan 2008/2009.

    4. That the following suggested amendments to the Auckland City Council's submission to the Auckland Regional Council draft 2008/2009 Annual Plan be forwarded to the Working Party (outlined in resolution C above) for consideration:
    1. Revenue and Financing, Community Development, Tourism, and Economic references:
      1. Revenue and Financing policy
        • Add at the end of section 3.4: "We urge that the Plan be amended to provide for Auckland Regional Holdings (ARH) funding continuing at close to the previously planned levels".
        • Add to section 4.2 at the end of the second to last paragraph: "On the face of it, we strongly urge that the plan be amended to provide that ARH funding capacity continue to be applied at levels as close as practicable to those previously planned."
      2. Maximising economic benefit to Auckland

      Add to the end of 4.3.2 "We urge that Regional Council funding for Auckland plus for economic development be substantially increased. This would both cost effectively maximise economic growth and also more fully implement the decisions made by the Auckland local authorities under Strengthening Auckland's Governance and the Metro Project Action Plan for the Regional Council to take the lead role in economic development."

      1. Regional tourism development
        • Add to the end of the second to last paragraph: "We urge that the Regional Council further substantially increase its tourism funding as envisaged under Strengthening Auckland's Governance and by the Metro Project Action plan"
        • Add to end of 4.2.3: "We urge that this be funded by a targeted rate on the tourism, commercial entertainment, hospitality and accommodation businesses, while advocating for the introduction of an appropriate international departure tax and/or an approved transitory accommodation tax to pay for this longer term.
      2. Stormwater Management

      That proposed Section 5.1.1 be deleted because if these charges were to be met from general rates this would result in a reduction in this and other valuable services in order to achieve Auckland Regional Council Councillors' aim to hold general rate increases to less than 5%.

      1. Community Development

      In section 5.3 amend the first line of the second paragraph to read "Auckland City Council strongly supports, and urges further appropriate growth in, the Auckland Regional Council's community development programme of initiatives..." particularly those addressing regional actions in adapting, mitigating and reporting on climate change.

      1. Regional Amenities

      Add a new section. "We support the Auckland Regional Council's stated commitment to help fund regional organisations such as the Auckland Philharmonia Orchestra and Surf Life Saving Auckland region. We urge that this commitment to funding support be steadily increased for these and the other amenities identified in the Auckland Regional Amenities Bill, pending that Bill being considered and dealt with by Parliament."

    2. Transport and Regional Fuel Tax references:
      1. Rail transport priority
        • Amend section 3.3 to delete the second sentence and amend the third line of the next sentence to read "Sustainable urban environment, including consideration of the role of the arterial network in enhancing public transport and..."
        • Under 4.1.1 the second number 2 reword the first line to read: "As the draft plan reads there is a heavy focus on rail improvements, which we completely support, and a more limited..."
      2. Section 4.1.1 first number 4

      Add at the end of the first sentence "which must including the Stonefields development"

      1. Section 4.1.1 second number 3

      Add at the end: "in enhancing passenger transport components of these developments, and advocating for the early provision of a rail link from the Central Business District (CBD) to the Airport and then for an underground rail link from Britomart to Mt Eden station."

      1. Tamaki Rail Station Section 4.1.1 number 7
        • Amend the last two lines to read "Auckland City Council asks that the Annual plan be amended specifically to include the restoration and reopening of the Tamaki station in this project list (also mentioned below)"
        • In section 4.1.4 third to last paragraph amend to read "As mentioned above, Auckland City also strongly advocates for the early restoration and reopening of the Tamaki rail station and strongly urges this to be included in the list of projects. Such a project will provide public transport for the large population in the Stonefields development; assist responding to the expected growth in this part of the city, along with the Tamaki Transformation project, the Tamaki Innovation Precinct and the public transport components of Auckland-Manukau Eastern Transport Initiative (AMETI)."
      2. Transport for disabled people

      Add a number 8. "We are very appreciative of the level of funding support the Auckland Regional Council continues to provide for Dial a Ride and other transport services for disabled people. We would urge that this funding support be increased to enable disabled people to be subsidised for the longer journeys they frequently feel obliged to undertake for work, recreation or family gathering purposes in the increasingly spread out Auckland region. "

      1. Level crossings

      Section 4.1.2, second to last paragraph amend second sentence to read  "We urge that the Auckland Regional Council (ARC) significantly increase its funding for grade separation for level crossings, particularly given the number of them on the about to be reopened Onehunga line, and also urge the ARC urgently taking this issue up, with our support, with central government on behalf of the region."

    3. Environmental, Cultural Heritage and parks references:
      1. Section 5.1.2

      Add at end "It is also vital effectively both to monitor and to enforce air quality standards in the region and Auckland City supports enhanced resources going into these areas"

      1. Section 5.1.3, second paragraph

      Insert an additional second sentence. "Auckland City supports in principle the proposed increase in service levels and in the level of formal protection for natural and cultural heritage."

      1. Re: Regional Parks

      Add a new 5.5. "Auckland City strongly supports the Regional Council's role, purchases and resourcing for Regional Parks. We also support Regional Parks being identified and developed on the Auckland Isthmus and nearby more readily to make them accessible to population concentrations in Auckland. This should include the further development of Mt Smart stadium, the identification of a Regional Park on Wynyard Point and at Chelsea, and intensified lobbying of the Government to free up Mutukaroa / Hamlins Hill for development as a regional park jointly with Auckland City."

    CARRIED

    Secretarial note: His Worship the Mayor put the substantive motion resolution B separately and resolutions A, C and D together. Resolution B was lost. Resolutions A, C and D were renumbered accordingly.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Finance and Strategy Committee report No. 5/2008 be amended and adopted as follows, ie:

    1. Auckland Regional Council Draft Annual Plan 2008/2009

    1. That the draft council submission on the Auckland Regional Council's draft 2008/2009 Annual Plan, attached to the Senior Strategic Analyst's report dated 29 April 2008 entitled "Auckland Regional Council draft Annual Plan 2008/2009", be approved.

    CARRIED

    1. That His Worship the Mayor, Deputy Mayor and Chief Executive (or his alternate) be appointed as council representatives at the public hearings on the Auckland Regional Council's draft annual plan, scheduled for 19-29 May.

    LOST

    1. That the chair of the Finance and Strategy Committee, Councillor Armstrong, Councillors Bhatnagar, Boyle, Northey and Deputy Mayor David Hay be appointed to a working party with delegated authority to approve any final changes to Auckland City Council's submission to Auckland Regional Council's draft annual plan 2008/2009.

    2. That the following suggested amendments to the Auckland City Council's submission to the Auckland Regional Council's draft 2008/2009 Annual Plan be forwarded to the Working Party (outlined in resolution B) for consideration:
      1. Revenue and Financing, Community Development, Tourism, and Economic references:
        1. Revenue and Financing policy
          • Add at the end of section 3.4: "We urge that the Plan be amended to provide for Auckland Regional Holdings (ARH) funding continuing at close to the previously planned levels".
          • Add to section 4.2 at the end of the second to last paragraph: "On the face of it, we strongly urge that the plan be amended to provide that ARH funding capacity continue to be applied at levels as close as practicable to those previously planned."
        2. Maximising economic benefit to Auckland

        Add to the end of 4.3.2 "We urge that Regional Council funding for Auckland plus for economic development be substantially increased. This would both cost effectively maximise economic growth and also more fully implement the decisions made by the Auckland local authorities under Strengthening Auckland's Governance and the Metro Project Action Plan for the Regional Council to take the lead role in economic development."

        1. Regional tourism development
          • Add to the end of the second to last paragraph: "We urge that the Regional Council further substantially increase its tourism funding as envisaged under Strengthening Auckland's Governance and by the Metro Project Action plan"
          • Add to end of 4.2.3: "We urge that this be funded by a targeted rate on the tourism, commercial entertainment, hospitality and accommodation businesses, while advocating for the introduction of an appropriate international departure tax and/or an approved transitory accommodation tax to pay for this longer term.
        2. Stormwater Management

        That proposed Section 5.1.1 be deleted because if these charges were to be met from general rates this would result in a reduction in this and other valuable services in order to achieve Auckland Regional Council Councillors' aim to hold general rate increases to less than 5%.

        1. Community Development

        In section 5.3 amend the first line of the second paragraph to read "Auckland City Council strongly supports, and urges further appropriate growth in, the Auckland Regional Council's community development programme of initiatives..." particularly those addressing regional actions in adapting, mitigating and reporting on climate change.

        1. Regional Amenities

        Add a new section. "We support the Auckland Regional Council's stated commitment to help fund regional organisations such as the Auckland Philharmonia Orchestra and Surf Life Saving Auckland region. We urge that this commitment to funding support be steadily increased for these and the other amenities identified in the Auckland Regional Amenities Bill, pending that Bill being considered and dealt with by Parliament."

      2. Transport and Regional Fuel Tax references:
        1.  Rail transport priority
          • Amend section 3.3 to delete the second sentence and amend the third line of the next sentence to read "Sustainable urban environment, including consideration of the role of the arterial network in enhancing public transport and..."
          • Under 4.1.1 the second number 2 reword the first line to read: "As the draft plan reads there is a heavy focus on rail improvements, which we completely support, and a more limited..."
        2. Section 4.1.1 first number 4

        Add at the end of the first sentence "which must including the Stonefields development"

        1. Section 4.1.1 second number 3

        Add at the end: "in enhancing passenger transport components of these developments, and advocating for the early provision of a rail link from the Central Business District to the Airport and then for an underground rail link from Britomart to Mt Eden station."

        1. Tamaki Rail Station Section 4.1.1 number 7
          • Amend the last two lines to read "Auckland City Council asks that the Annual plan be amended specifically to include the restoration and reopening of the Tamaki station in this project list (also mentioned below)"
          • In section 4.1.4 third to last paragraph amend to read "As mentioned above, Auckland City also strongly advocates for the early restoration and reopening of the Tamaki rail station and strongly urges this to be included in the list of projects. Such a project will provide public transport for the large population in the Stonefields development; assist responding to the expected growth in this part of the city, along with the Tamaki Transformation project, the Tamaki Innovation Precinct and the public transport components of Auckland-Manukau Eastern Transport Initiative (AMETI)."
        2. Transport for disabled people

        Add a number 8. "We are very appreciative of the level of funding support the Auckland Regional Council continues to provide for Dial a Ride and other transport services for disabled people. We would urge that this funding support be increased to enable disabled people to be subsidised for the longer journeys they frequently feel obliged to undertake for work, recreation or family gathering purposes in the increasingly spread out Auckland region."

        1. Level crossings

        Section 4.1.2, second to last paragraph amend second sentence to read "We urge that the Auckland Regional Council significantly increase its funding for grade separation for level crossings, particularly given the number of them on the about to be reopened Onehunga line, and also urge the ARC urgently taking this issue up, with our support, with central government on behalf of the region."

      3. Environmental, Cultural Heritage and parks references:
        1. Section 5.1.2

        Add at end "It is also vital effectively both to monitor and to enforce air quality standards in the region and Auckland City supports enhanced resources going into these areas"

        1. Section 5.1.3, second paragraph

        Insert an additional second sentence. "Auckland City supports in principle the proposed increase in service levels and in the level of formal protection for natural and cultural heritage."

        1. Regional Parks

        Add a new 5.5. "Auckland City strongly supports the Regional Council's role, purchases and resourcing for Regional Parks. We also support Regional Parks being identified and developed on the Auckland Isthmus and nearby more readily to make them accessible to population concentrations in Auckland. This should include the further development of Mt Smart stadium, the identification of a Regional Park on Wynyard Point and at Chelsea, and intensified lobbying of the Government to free up Mutukaroa / Hamlins Hill for development as a regional park jointly with Auckland City."

    CARRIED

  9. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 03/2008

    Councillor Lotu-Iiga moved:

    Councillor Christian seconded:

    That the recommendations contained in the City Development Committee report No. 01/2008 be adopted, ie:

    1. Review of Public Domain Bylaws

    That Council approve the commencement of the special consultative procedure for the review of bylaws and statements of proposal relating to cemeteries, public places (including street trading), Waiheke wastewater, water supply and wharves.

    Appointment of Sea + City projects limited as Project Manager for Development of Wynyard Precinct Public Infrastructure

    1. That Council approves and confirms that it enter into a Project Management Agreement appointing Sea + City Projects Ltd (SCPL) as project manager for the Wynyard Precinct public amenity and infrastructure works, which incorporates the elements described in the report of the Business Advisory Manager dated 13 March 2008.
    2. That Council delegates to the Chief Executive the final approval, and signing, of the Project Management Agreement.

    1. Lower Abbotts Way Stormwater Upgrade SP867

    That Council accepts the Kerry Drainage Ltd tender of $4,600,000.00 (inclusive of provisional and contingency sums but exclusive of GST) for the Lower Abbotts Way stormwater project.

    CARRIED

  10. Top ZOO BOARD REPORT NO. 2/2008

    Councillor Christian moved:

    Councillor Boyle seconded:

    That the recommendation contained in the Zoo Board report No. 2/2008 be adopted, ie:

    That the report of the Zoo Director dated 10 March 2008 be received.

    CARRIED

    REPORTS OF OFFICERS

  11. Top CHIEF EXECUTIVE'S MARCH 2008 REPORT

    The response to questions raised by Councillors in relation to the Chief executive's report was tabled.

    [ATTACHMENT 11A]

    His Worship the Mayor moved:

    Councillor Christian seconded:

    That the council notes the significant matters highlighted within the Chief executive's March report dated 23 April 2008.

    CARRIED

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

    His Worship the Mayor moved:

    Councillor Goldsmith 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 Arts, Culture and Recreation Committee report No. 1/2008 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 information regarding individuals which if released to the public could impact on the individual concerned.

    		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. C3/2008 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.

    In particular, the report contains information on the commercial activities of the Mission in the City project which has been provided to council in confidence.

    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 this report;

    (i) identifies a property council may wish to purchase in the future. Disclosure of this information could prejudice or disadvantage council's future negotiations with the owner and its commercial activities.

    (ii) contains references to the indicative value of the property and possible contract terms which form the basis of the negotiations for the purchase of the property and entry into a partnership with the owner.

    		 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

  13. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. C3/2008

    Secretarial note: This Finance and Strategy Committee report No. C3/2008 was item C2 of the confidential agenda. The resolutions were moved to the open section of the minutes.

    Councillor Armstrong moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report No. C3/2008 be adopted, ie:

    Mission in the City Development Proposal

    1. That Council contribute up to $100,000 to the Mission in the City Development Project towards further work to establish whether the open space can be provided under the following conditions:
      1. Confirmed financing for the rest of the city mission project;
      2. Full street frontage, good access and clear open space (i.e. no buildings);
      3. A safe place for families and those using the space; and
      4. Availability of council budget for the acquisition, development and ongoing management of such open space;
    2. That Council's contribution of up to $100,000 to the Mission in the City Development Project:
      1. be capped at a third of any cost for the future work required and represent the full council contribution other than any purchase/lease of open space;
      2. be released when the balance of the required funding is committed for the study; and
      3. be taken into consideration against any possible acquisition of the open space.
    3. That resolutions A and B be moved to the open section of the minutes.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 7:42pm.
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