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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON THURSDAY, 26 JUNE 2008 AT 6:00PM

PRESENT:	His Worship the Mayor Hon John		Banks, QSO
	Deputy Mayor	David	Hay, JP
	Councillors:	Douglas	Armstrong, QSO	[until 6:13pm item 5.1; from 6:26pm item 5.1]
		Ken	Baguley
		Aaron	Bhatnagar
		Leila	Boyle
		Dr Cathy	Casey
		Bill	Christian, JP
		Mark	Donnelly
		Graeme	Easte
		Glenda	Fryer
		Paul	Goldsmith	[until 6:13pm item 5.1; from 6:20pm item 5.1; until 7:00pm item C1; from 7:05pm item C1]
		John	Lister, OBE
		Peseta Sam	Lotu-Iiga
		Toni	Millar, JP
		Greg	Moyle, E.D.
		Graeme	Mulholland, JP
		Richard	Northey, ONZM
		Denise	Roche

OBITUARIES

Colin Kay, CBE JP - Mayor of Auckland City 1980-1983 and Councillor 1971-1977

Mr Colin Kay, Auckland City Council Mayor from 1980-1983 and Auckland City Councillor from 1971-1977, passed away on 4 June 2008 aged 82. He was a member of a number of committees during his local body political career, such as the Parks and Recreation Committee, Planning and Redevelopment committee, Social Welfare Committee, Cultural Activities and Property Committee, to name a few. He was also a council representative on the Auckland Anniversary Regatta, Auckland Community Chest Combined Trust Board, The Auckland Grammar School's Board and the Auckland University Council during his tenure. In 1973, while he was an Auckland City Councillor, he started the Round the Bays Run, which has grown into a significant event in the Auckland City calendar. Colin Kay started as an athlete, and was New Zealand Triple Jump Champion in 1949-1951, and represented New Zealand at the Empire Games. He also held many offices in sports administration, including being Governor of the New Zealand Sports Foundation for 16 years and Chair of the Peter Snell Institute of sport.

A minutes silence was observed.

Jolyon Firth - Deputy Mayor of Auckland City 1977-1980 and Councillor 1968-1983

Mr Jolyon Firth, Deputy Mayor for Auckland City Council from 1977-1980 and Auckland City Councillor from 1968-1983, passed away recently. He was a member of a number of committees during his local body political career, such as Town Planning Committee, Works Committee, Policy and Finance Committee, and the Traffic and Road Safety Committee. He was also a Council representative for the Auckland Local Bodies Association, the Auckland Metropolitan Fire Board and the Civil Defence Committee (Central Area) during his tenure. Joylon Firth was the founding President of Toastmasters New Zealand.

A minutes silence was observed.

1. APOLOGIES

   That the apology from Councillor Raffills for non-attendance due to council business be accepted.

   CARRIED

2. MINUTES

   His Worship the Mayor moved:

   Councillor Goldsmith seconded:

   That the minutes of the ordinary meeting of council held on Thursday, 22 May 2008 and the extraordinary council meeting on Thursday, 19 June 2008 were confirmed as true and correct records.

   CARRIED

3. LEAVE OF ABSENCE

   There was no leave of absence.

4. PETITIONS

   There were no petitions.

5. DEPUTATIONS

   5.1 MS PENNY BRIGHT - METROWATER CHARITABLE PAYMENTS AND PRUDENT STEWARDSHIP OVER RESOURCES

   Ms Bright tabled an open letter emailed to the Mayor and councillors on Wednesday 25 June 2008 and spoke to it.

   [ATTACHMENT 5.1]

   His Worship the Mayor moved:

   Councillor Casey seconded:

   That Ms Bright's presentation regarding Metrowater charitable payments and prudent stewardship over resources be received.

   CARRIED

6. EXTRAORDINARY BUSINESS

   6.1 EXTRAORDINARY BUSINESS - NOTICE OF MOTION - REPUTATION OF AUCKLAND INTERNATIONAL AIRPORT LTD

   Councillor Casey moved:

   Councillor Easte seconded:

   That an extra ordinary item of business be considered as item 19, notice of motion - reputation of Auckland International Airport Ltd (AIAL). The reasons for considering the extraordinary item are because a four week delay until the July Council meeting may mean further strike action by workers with negative consequences for the reputation of AIAL and, by association, Auckland City Council as the major shareholder of a publicly listed company.

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

   For the Motion:		Against the Motion:
   Councillors:	Leila Boyle Cathy Casey Graeme Easte Glenda Fryer Richard Northey Denise Roche	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Peseta Sam Lotu-Iiga Toni Millar Greg Moyle Graeme Mulholland His Worship the Mayor John Banks

   
   Councillor Noelene Raffills was absent.

   The motion was declared LOST by 13 votes to 6.

   6.2 EXTRAORDINARY BUSINESS - NOTICE OF MOTION - ADVOCATING TO CENTRAL GOVERNMENT FOR MORE POWER TO COUNCILS TO LIMIT THE NUMBER AND LOCATION OF LIQUOR OUTLETS

   Councillor Northey moved:

   Councillor Boyle seconded:

   That an extra ordinary item of business be considered as item 19, notice of motion - advocating to central government for more power to councils to limit the number and location of liquor outlets. The reason for considering this extraordinary item is that a general policy decision is required before the 10 July 2008 City Development Committee meeting to enable the committee to develop more detailed material in a thorough and timely fashion for a submission to the Select Committee, which has already received a Bill on this matter.

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

   For the Motion:		Against the Motion:
   Councillors:	Leila Boyle Cathy Casey Graeme Easte Glenda Fryer Richard Northey Denise Roche	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Peseta Sam Lotu-Iiga Toni Millar Greg Moyle Graeme Mulholland His Worship the Mayor John Banks

   
   Councillor Noelene Raffills was absent.

   The motion was declared LOST by 13 votes to 6.

7. TRANSPORT COMMITTEE REPORT NO. 5/2008

   Councillor Baguley moved:

   Councillor Lister seconded:

   That the recommendations contained in the Transport Committee report No. 5/2008 be adopted ie:

   Cliff Road, St Heliers - Retaining Wall Stage 2

   That council approves the emergency ground stability works to proceed at Cliff Road, St Heliers up to a value of $4.0 million. A report with funding options will be provided to the August meeting of the Transport Committee.

   CARRIED

8. CITY DEVELOPMENT COMMITTEE REPORT NO. 05/2008

   Councillor Lotu-Iiga moved:

   Councillor Christian seconded:

   That the recommendations contained in the City Development Committee report No. 5/2008 be adopted ie:

   1. Plan Change 95, Auckland Institute of Studies, Mt Albert

   That the Manager Inner Isthmus be authorised to complete the statutory processes required to make Plan Change 95 (Auckland Institute of Studies, Linwood Avenue, Mt Albert) to the Isthmus Plan operative.

   2. Shaddock to Water Street Stormwater Upgrade - 755

   That a contract be entered into with Harder Underground Construction Ltd, committing a maximum expenditure of $6,578,594.95 (inclusive of contingency sum but exclusive of GST) for the Shaddock to Water Street stormwater upgrade project.

   CARRIED

9. FINANCE AND STRATEGY COMMITTEE REPORT NO. 6/2008

   Councillor Armstrong moved:

   Councillor Bhatnagar seconded:

   That the recommendations contained in the Finance and Strategy Committee report No. 6/2008 be adopted, ie:

   1. Community Boards and Councillors' Comments on the Draft Consultation Policy

   That the updated "Auckland City Council Consultation Policy: better decision though public input" be adopted, with the following amendments:

   • Item 3.1. addition to end of the first sentence:

   "Or who have particular expertise or interest in the issues concerned".

   • Additional bullet point to 4.2 "Auckland City Council uses consultation to":

   "Endeavour to find better policies and solutions from the public, than the Council has developed on its own".

   • In figure 3. "Spectrum of participation" Addition to Consult Objective:

   "and to endeavour to develop better policies and solutions".

   • In Item 9, figure 5, "the consultation process", number 5 to read:

   "Check that you have met the legal requirements and the requirements of this policy".

   • In "Auckland City Council's consultation guidelines and template" Item 3 amend to read:

   "Which will normally include affected Community Boards"

   2. Local Governance Statement - Updates and Changes

   1. That Auckland City Council's Local Governance Statement, attached as appendix A to the Group Manager Democracy Services' report dated 8 April 2008, be formally adopted and made publicly available, subject to the following changes:

      1. Page 1 - delete the word "(First)" in the Local Governance Statement heading.

      2. Page 2: Functions, Responsibilities and Activities - 4th bullet point after semi colon, amend to read:

   "using direct charges where equitable and practical, ....."

   3. Page 8 - Auckland War Memorial Museum amend first bullet point:
      • "Section 13 and the schedule provide that Auckland City appoints three members to the Auckland Museums Electoral College."
   4. Page 9 - MOTAT Act amend first bullet point:
      • "Section 5 provides that Auckland City, through an electoral college with other territorial authorities in the Auckland region, appoints members to the Museum of Transport and Technology Board."
   5. Page 17 - second to bottom bullet point
      • "create a Unitary Authority, for example by transferring the functions of the Auckland Regional Council to Auckland City Council."
   6. Page 21 - The list of committees and bodies

   Delete Planning Fixtures Subcommittee and add Ngati Whatua O Orakei Reserves Board

   7. Page 32 - explore options, possibly adding an editorial comment to the bottom of the page with an asterisk next to the Community Development and Social Policies listing the following examples of social policies:
      • Children and Families Policy
      • Youth Strategy
      • Positive Ageing Strategy
      • Migrant Settlement Strategy
   8. Page 35 - ensure the new official information charges are reflected under the Local Government Official Information and Meetings Act (LGOIMA)/Official Information Principles of LGOIMA heading.
   9. Note that a large print version of the document is available on request.

   2. That the Chairman of the Finance & Strategy Committee, General manager finance and Councillor Northey be delegated authority to make minor editorial changes to the Local Governance Statement.

   CARRIED

10. HEARINGS PANEL REPORT NO. 1/2008

    Councillor Christian moved:

    Councillor Goldsmith seconded:

    That the recommendations contained in the report of the Hearings Panel report No. 1/2008 be adopted, ie:

    Report and recommendation on the Otahuhu Liveable Community Plan

    1. That the amendments identified by the panel at the hearing that are set in the report of the Hearings Panel dated 22 May 2008 and those identified in the planner's hearing report dated 1 April 2008 be incorporated into the Otahuhu Liveable Community Plan.
    2. That the amended Otahuhu Liveable Community Plan be adopted, and an implementation plan be prepared.

    Councillor Christian moved the following amendment:

    Councillor Boyle seconded:

    That the recommendations contained in the report of the Hearings Panel report No. 1/2008 be adopted, ie:

    Report and recommendation on the Otahuhu Liveable Community Plan

    1. That the amendments identified by the panel at the hearing that are set out in the report of the Hearings Panel dated 22 May 2008 and those identified in the planner's hearing report dated 1 April 2008 be incorporated into the Otahuhu Liveable Community Plan.

    2. That the amended Otahuhu Liveable Community Plan be adopted (including the amendments identified in resolution C), and an implementation plan be prepared.

    3. That the following amendments to the Otahuhu Liveable Community Plan (Appendix A of the Council agenda) be made:
       •  Page i (p145 of Council agenda): fourth paragraph, second line, change "to where needed the most" to "to where they are most needed"
         • Page 6 (p 152 of Council agenda): fourth paragraph, first and second lines, change "Dr Mere Roberts (per comm.) of the University of Auckland" to "in a letter by Dr Mere Roberts of the University of Auckland".
         • Page 7 (p 153 of Council agenda)
       • third paragraph, first and second lines, change "One cannot help wonder" to "One cannot help but wonder".
       • fourth paragraph, third line, insert "the" in front of "Manukau Harbour"
         • Page 8 (p 154 of Council agenda):
       • second paragraph, first line, decapitalise "Peoples" to "peoples"
       • second paragraph, third and fourth lines, change ", while 15 per cent were Maori (compared to seven percent for the city)." to ",15 per cent were Maori (compared to 7 per cent for the city) and 20 per cent were Asian (compared to 22 per cent for the city)."
       • fifth paragraph, second to fourth lines, change "The area also has a newly established recreation precinct, which includes the recently constructed recreation centre and planned aquatic centre, library and David Lange Memorial." to "The area also has a newly established recreation precinct, which includes the youth and recreation centre opened in 2006, the David Lange Memorial erected in 2008, an aquatic centre and open space planned for 2011 and a new library planned for 2014."
         • Change "quality" to "good quality" on pages 1, 2, 10 (twice), 11, 12, 18, 29 (twice) (pages 147, 148, 157 (twice), 158, 159, 165, 176 (twice) of Council agenda)
         • Change "high quality" to "good quality" on page 12, (pages 159, of Council agenda)

    CARRIED

    The Mayor put the following substantive motion:

    That the recommendations contained in the report of the Hearings Panel report No. 1/2008 and as amended by Council, be adopted, ie:

    Report and recommendation on the Otahuhu Liveable Community Plan

    1. That the amendments identified by the panel at the hearing that are set out in the report of the Hearings Panel dated 22 May 2008 and those identified in the planner's hearing report dated 1 April 2008 be incorporated into the Otahuhu Liveable Community Plan.
    2. That the amended Otahuhu Liveable Community Plan be adopted (including the amendments identified in resolution C), and an implementation plan be prepared.
    3. That the following amendments to the Otahuhu Liveable Community Plan (Appendix A of the Council agenda) be made:
       • Page i (p145 of Council agenda): fourth paragraph, second line, change "to where needed the most" to "to where they are most needed"
       • Page 6 (p 152 of Council agenda): fourth paragraph, first and second lines, change "Dr Mere Roberts (per comm.) of the University of Auckland" to "in a letter by Dr Mere Roberts of the University of Auckland".

       • Page 7 (p 153 of Council agenda)

       • third paragraph, first and second lines, change "One cannot help wonder" to "One cannot help but wonder".
       • fourth paragraph, third line, insert "the" in front of "Manukau Harbour"
         • Page 8 (p 154 of Council agenda):
       • second paragraph, first line, decapitalise "Peoples" to "peoples"
       • second paragraph, third and fourth lines, change ", while 15 per cent were Maori (compared to seven percent for the city)." to ",15 per cent were Maori (compared to 7 per cent for the city) and 20 per cent were Asian (compared to 22 per cent for the city)."
       • fifth paragraph, second to fourth lines, change "The area also has a newly established recreation precinct, which includes the recently constructed recreation centre and planned aquatic centre, library and David Lange Memorial." to "The area also has a newly established recreation precinct, which includes the youth and recreation centre opened in 2006, the David Lange Memorial erected in 2008, an aquatic centre and open space planned for 2011 and a new library planned for 2014."
         • Change "quality" to "good quality" on pages 1, 2, 10 (twice), 11, 12, 18, 29 (twice) (pages 147, 148, 157 (twice), 158, 159, 165, 176 (twice) of Council agenda)
         • Change "high quality" to "good quality" on page 12, (pages 159, of Council agenda)

    CARRIED

11. HEARINGS PANEL REPORT NO. 2/2008

    Councillor Lotu-Iiga moved:

    Councillor Christian seconded:

    That the recommendations contained in the report of the Hearings Panel report No. 2/2008 be adopted ie:

    Report and Recommendations on Plan Change 210 to the Auckland City Operative District Plan 1999 - Isthmus Section

    1. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, proposed Plan Change 210, to rezone 5.53ha of land at 42 Herd Road, 167 Pah Road, 167a Pah Road, 10 Korma Road and 16 Korma Road, comprised in certificates of title NA/33598, NA/9831, NA/98231, NA/124C/884 and NA/1650/6 special purpose 1 and apply Concept Plan G08-14 to the Auckland City Council District Plan 1999: Isthmus Section - be approved with the following modifications:
       1. Amending the wording in the 'explanation' to Concept Plan G08-14 to refer to the diagram including development control rules.
       2. Insert wording in the 'permitted activity' and 'restricted discretionary activity' lists specifying that external alterations and additions to Wilson Building require restricted discretionary activity consent.
       3. Delete the reference under the heading 'development controls' to A1 scaled plans being available at the council.
       4. Inserting the words 'subject to relevant assessment criteria, where resource consent is required' in the explanation to development control rule 1.
       5. Insert additional assessment criteria under 'building scale and form' to enable consideration of roof forms and projections.
       6. Insert the words 'particularly where development of the site is staged' to the first bullet point under the criteria for the Master Plan.
       7. Insert an explanation at the end of the criteria for assessing applications for resource consent.
       8. Make changes to the concept plan diagram involving:
          1. Modifications to the key to clarify the method of height control
          2. Specify that storey heights as being indicative only
          3. Inserting a scale on the diagram
          4. Inserting in the key the reference to the view shafts
          5. Adding Queenstown Road to the diagram.

    The reasons for the approval are:

    1. The special purpose 1 zone appropriately reflects the current and intended use of the land.
    2. The concept plan provisions provide for an appropriate level of intensification of the land, within the context of the existing environment and corresponding infrastructural requirements.
    3. The concept plan provides a degree of certainty on the future re-development of the Selwyn Heights Selwyn Heights Retirement Village for the applicant and adjacent landowners.
    4. Effects on adjacent neighbours arising from the form, scale and intensity of the anticipated re-development can be suitably avoided, remedied and mitigated by the development control rules and assessment criteria applying to future resource consent applications.
    5. The concept plan provides an appropriate level of recognition and protection of the remaining landscape, archaeological and heritage features still evident on the site.
    6. The rezoning of the land to special purpose 1 and the level of intensification provided for in the Concept Plan is consistent with the objective and policies of clause 2.3.5 of the District Plan for the management of urban growth and the Auckland City Growth Management Strategy. This is also consistent with the Auckland Regional Council Policy Statement.
    7. The Plan Change promotes the sustainable management of natural and physical resources and thereby achieves the purpose the Resource Management Act 1991.
    8. The Plan Change will assist the Council in achieving its function of controlling any actual or potential effects of the use, development or protection of land.

     

    2. That, for the reasons outlined in the report of the Hearings Panel dated 16 June 2008, the Council:
       1. Reject those parts of the submissions by Mostafa (1), The New Zealand Historic Places Trust (2), Collins (3), the Arts, Community and Recreation Policy group of Auckland City Council (6) and Treacy (7) in so far as the submissions seek to make amendments to the plan change that are not supported.
       2. Accept those parts of the submissions by Mostafa (1), Collins (3), the Arts, Community and Recreation Policy group of Auckland City Council (6) and Treacy (7) in so far as the submissions seek to make amendments to the plan change that are accepted.
       3. Accept those parts of the submissions by The New Zealand Historic Places Trust (2), Christian Love Link (4) and the Church of the Saviour, Blockhouse Bay (5) in so far as the relief sought in the submissions is to grant the plan change request.
       4. Accept the submissions by the Selwyn Foundation that alter the Concept Plan.

    3. That, the further submission by the Selwyn Foundation made in support or opposition of the submissions be accepted or rejected in part accordingly on the basis of the above recommendations on submissions.

    4. That, the Manager: City Planning be authorised to publicly notify that the Council has made its decision on submissions to proposed Plan Change 210.

    CARRIED

12. HEARINGS PANEL REPORT NO. 3/2008

    Councillor Lotu-Iiga moved:

    Councillor Christian seconded:

    That the recommendations contained in the report of the Hearings Panel report No. 3/2008 be adopted ie:

    Recommendations of the Hearings Panel to Introduce New Bylaws: Animals Bylaw, Hostels Bylaw, Bathing, Health and Beauty Facilities Bylaw, Hazardous Substances Bylaw, Food Premises Bylaw, Food Stalls Bylaw, Skin Piercing Bylaw and Radio Frequency Fields Bylaw

    1. That following the special consultation procedure undertaken by council, that council resolves:
       1. to revoke the existing Animals bylaw (part 3 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Animals bylaw 2008 as outlined in appendix 4 of the Hearings Panel report dated 12 June 2008
       2. to revoke the existing Hostels bylaw (part 4 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Hostels bylaw 2008 as outlined in appendix 5 of the Hearings Panel report dated 12 June 2008
       3. to revoke the existing Bathing, Health and Beauty Facilities bylaw (part 5 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Bathing, Health and Beauty Facilities bylaw 2008 as outlined in appendix 6 of the Hearings Panel report dated 12 June 2008
       4. to revoke the existing Dangerous Goods bylaw (part 11 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Hazardous Substances bylaw 2008 as outlined in appendix 7 of the Hearings Panel report dated 12 June 2008
       5. to revoke the existing Food Premises bylaw (part 15 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Food Premises bylaw 2008 as outlined in appendix 8 of the Hearings Panel report dated 12 June 2008
       6. to revoke the existing Food Stalls bylaw (part 16 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Food Stalls bylaw 2008 as outlined in appendix 9 of the Hearings Panel report dated 12 June 2008
       7. to revoke the existing Health Protection - Skin Piercing bylaw (part 17 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Skin Piercing bylaw 2008 as outlined in appendix 10 of the Hearings Panel report dated 12 June 2008
       8. to make minor amendments to the existing Radio Frequency Fields bylaw (part 28 of the Auckland City Consolidated Bylaw 1998) and to rename it as the Radio Frequency Fields bylaw 2008 as outlined in appendix 11 of the Hearings Panel report dated 12 June 2008.
    2. That all of the above bylaws should come into force on 1 July 2008.
    3. That as a matter of policy no rodeos will be permitted to occur on council land because of animal welfare concerns.

    Councillor Fryer moved the following amendment:

    Councillor Casey seconded:

    4. As recommended by the hearings panel on page 4 of the report (page 354 of the Council agenda):

    That officers report to the November meeting of the City Development Committee on the costs and implication of licensing hostels in Auckland City.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the report of the Hearings Panel report No. 3/2008 be adopted ie:

    Recommendations of the Hearings Panel to Introduce New Bylaws: Animals Bylaw, Hostels Bylaw, Bathing, Health and Beauty Facilities Bylaw, Hazardous Substances Bylaw, Food Premises Bylaw, Food Stalls Bylaw, Skin Piercing Bylaw and Radio Frequency Fields Bylaw

    1. That following the special consultation procedure undertaken by council, that council resolves:
       1. to revoke the existing Animals bylaw (part 3 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Animals bylaw 2008 as outlined in appendix 4 of the Hearings Panel report dated 12 June 2008
       2. to revoke the existing Hostels bylaw (part 4 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Hostels bylaw 2008 as outlined in appendix 5 of the Hearings Panel report dated 12 June 2008
       3. to revoke the existing Bathing, Health and Beauty Facilities bylaw (part 5 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Bathing, Health and Beauty Facilities bylaw 2008 as outlined in appendix 6 of the Hearings Panel report dated 12 June 2008
       4. to revoke the existing Dangerous Goods bylaw (part 11 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Hazardous Substances bylaw 2008 as outlined in appendix 7 of the Hearings Panel report dated 12 June 2008
       5. to revoke the existing Food Premises bylaw (part 15 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Food Premises bylaw 2008 as outlined in appendix 8 of the Hearings Panel report dated 12 June 2008
       6. to revoke the existing Food Stalls bylaw (part 16 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Food Stalls bylaw 2008 as outlined in appendix 9 of the Hearings Panel report dated 12 June 2008
       7. to revoke the existing Health Protection - Skin Piercing bylaw (part 17 of the Auckland City Consolidated Bylaw 1998) and to adopt a new Skin Piercing bylaw 2008 as outlined in appendix 10 of the Hearings Panel report dated 12 June 2008
       8. to make minor amendments to the existing Radio Frequency Fields bylaw (part 28 of the Auckland City Consolidated Bylaw 1998) and to rename it as the Radio Frequency Fields bylaw 2008 as outlined in appendix 11 of the Hearings Panel report dated 12 June 2008.
    2. That all of the above bylaws should come into force on 1 July 2008.
    3. That as a matter of policy no rodeos will be permitted to occur on council land because of animal welfare concerns.

    4. That officers report to the November 2008 meeting of the City Development Committee on the costs and implication of licensing hostels in Auckland City.

    CARRIED

    REPORTS OF OFFICERS

13. CHIEF EXECUTIVE'S MAY 2008 REPORT

    The Chief executive circulated responses to questions raised by councillors regarding his report.

    [ATTACHMENT 13A]

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That the council notes the significant matters highlighted within the Chief executive's report dated 19 June 2008.

    CARRIED

14. AVONDALE-ROSKILL WARD BY-ELECTION

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That the council notes the election of John Lister as councillor to the Avondale-Roskill Ward.

    CARRIED

15. NOTICE OF MOTION - APPOINTMENT OF A NEW CHILdREN'S ADVOCATE AND OLDER PERSONS' CHAMPION

    This item was incorrectly placed on the council agenda due to an administrative error. The item has been referred to the Community Services Committee for consideration.

16. NOTICE OF MOTION - ADVOCATING TO CENTRAL GOVERNMENT FOR COUNCILS TO HAVE MORE DECISION MAKING POWER TO LIMIT THE NUMBER AND LOCATION OF LIQUOR OUTLETS

    This item was incorrectly placed on the council agenda due to an administrative error. The item has been referred to the City Development Committee for consideration.

17. APPOINTMENT TO AUCKLAND REGIONAL LAND TRANSPORT COMMITTEE FOR AUCKLAND CITY COUNCIL

    Deputy Mayor David Hay moved:

    Councillor Bhatnagar seconded:

    That Councillor John Lister be appointed to Auckland Regional Land Transport Committee as the alternate Auckland City Council representative for the remainder of the 2007-2010 triennium, replacing Councillor Millar.

    Councillor Boyle moved the following amendment:

    Councillor Roche seconded:

    That Councillor Graeme Easte be appointed to Auckland Regional Land Transport Committee as the alternate Auckland City Council representative for the remainder of the 2007-2010 triennium, replacing Councillor Millar.

    LOST

    His Worship the Mayor put the following substantive motion:

    That Councillor John Lister be appointed to Auckland Regional Land Transport Committee as the alternate Auckland City Council representative for the remainder of the 2007-2010 triennium, replacing Councillor Millar.

    CARRIED

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

    His Worship the Mayor moved:

    Councillor Bhatnagar 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	Transport Committee Report No. C03/2008	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)(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 contains material that in a competitive environment, competing with privately owned car parks, disclosure of strategic intent could have an adverse impact on the market.	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	Arts Culture and Recreation Committee Report No. C4/2008 Emirates Team NZ Property Rental and Sponsorship Supplier recommendation report for Panmure town centre upgrade stage three	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)(i) To enable the council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, this report contains information that could prejudice or disadvantage council's future negotiations with tenants or landowners. Section 7(2)(h) To enable the council to carry out, without prejudice or disadvantage, commercial activities. Section 7(2)(b)(ii) 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 this report contains tender prices submitted by a contractors for the completion of public works. Disclosure of this information could prejudice or disadvantage council's future negotiations with contractors and its commercial activities.	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.
    C3	Finance and Strategy Committee Report No. C5/2008 Property Enterprise Board draft Statement of Intent Peer Review of the Business Case for the Replacement of Civic Theatre Seats	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 and the attached statement of intent contain information on the Property Enterprise Board's (PEB) strategies for acquiring and developing property and specific information about its objectives for particular projects. If this information was made available to other actors in the property market it would enable them to negotiate more favourable terms for transactions when dealing with the PEB; disclosure would therefore disadvantage the PEB in undertaking such commercial activities on the council's behalf. 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, releasing the information in this report may disadvantage the council or The EdgeŽ in 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.

    There being no further business His Worship the Mayor declared the meeting closed at 7:25pm.