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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON THURSDAY, 24 JULY 2008 AT 6:00PM

PRESENT:	His Worship the Mayor Hon John		Banks, QSO	[until 7:38pm item 9; from 7:50pm item 9]
	Deputy Mayor	David	Hay, JP	[until 6:04pm item 5.1; from 6:14pm item 5.2]
	Councillors:	Douglas	Armstrong, QSO	[until 6:04pm item 5.1; from 6:24pm item 5.3]
		Ken	Baguley
		Aaron	Bhatnagar
		Leila	Boyle
		Dr Cathy	Casey
		Bill	Christian, JP
		Mark	Donnelly
		Graeme	Easte
		Glenda	Fryer
		Paul	Goldsmith	[until 6:04pm item 5.1; from 6:23pm item 5.3; until 6:40pm item 10; from 6:44pm item 10]
		John	Lister, OBE
		Peseta Sam	Lotu-Iiga
		Toni	Millar, JP
		Graeme	Mulholland, JP
		Richard	Northey, ONZM
		Noelene	Raffills
		Denise	Roche

1. APOLOGIES

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the apology from Councillor Moyle for non-attendance be accepted.

   CARRIED

2. MINUTES

   His Worship the Mayor moved:

   Councillor Christian seconded:

   That the minutes of the ordinary meeting of council held on Thursday, 26 June 2008 be confirmed as a true and correct record.

   CARRIED

3. LEAVE OF ABSENCE

   There were no applications for leave of absence.

4. PETITIONS

   There were no petitions.

5. DEPUTATIONS

   5.1 MS LISA PRAGER - PUBLIC CONSULTATION AND RISE OF PUBLIC SECTOR SALARIES

   Councillor Casey moved:

   Councillor Northey seconded:

   That the deputation by Ms Lisa Prager regarding the issue of public consultation and the rise of public sector salaries be received.

   CARRIED

   5.2 MS PENNY BRIGHT - METROWATER PROCESS, CHARITABLE PAYMENTS & REQUEST TO ROYAL COMMISSION ON REGIONAL GOVERNANCE TO OBTAIN DATA ON COST EFFECTIVENESS

   Ms Bright tabled documentation to support her deputation.

   [ATTACHMENT 5.2]

   Deputy Mayor David Hay moved:

   Councillor Roche seconded:

   That a one minute extension of time be allowed for Ms Bright's deputation.

   CARRIED

   Deputy Mayor David Hay moved:

   Councillor Roche seconded:

   That the deputation by Ms Penny Bright, Media spokesperson, Water Pressure Group, be received.

   CARRIED

   Deputy Mayor David Hay moved:

   Councillor Millar seconded:

   That item 8 be considered at this point and that item 5.3 be deferred to allow Mr Gray the opportunity to digest the proposed resolutions for item 10.

   CARRIED

   5.3 MR EARL GRAY - ST PATRICK'S SQUARE

   Mr Earl Gray, Deputy Chair of the Central Business District (CBD) Board spoke about the cost over runs of the St Patricks Square upgrade.

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the deputation by Mr Earl Gray, Deputy Chair, CBD Board, be received regarding St Patrick's Square.

   CARRIED

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That item 10 be considered at this point.

   CARRIED

6. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

7. HEARINGS PANEL REPORT NO. 04/2008

   Councillor Mulholland moved:

   Councillor Millar seconded:

   That the recommendations contained in the Hearings Panel report No. 4/2008 be adopted, ie:

   Introducing new bylaws: construction, cultural and recreational facilities, environmental protection, stormwater management, public places, wharves, cemeteries, water supply, Waiheke wastewater bylaws; and revoking the amusement galleries, the council's coat of arms, and the refuse landfill development control bylaws

   1. That following the special consultation procedure undertaken by council:
      1. that the existing Amusement Galleries Bylaw (part 2 of the Auckland City Consolidated Bylaw 1998) be revoked
      2. that the existing Refuse Landfill Development Control Bylaw (part 21 of the Auckland City Consolidated Bylaw 1998) be revoked
      3. that the existing Council's Coat of Arms Bylaw (part 9 of the Auckland City Consolidated Bylaw 1998) be revoked
      4. that the existing Construction Bylaw (part 6 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Construction bylaw 2008 be adopted as outlined in appendix 2 of the report of the Hearings Panel dated 14 July 2008
      5. that the existing Cultural and Recreational Bylaw (part 10 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Cultural and Recreational bylaw 2008 be adopted as outlined in appendix 3 of the report of the Hearings Panel dated 14 July 2008
      6. that the existing Environmental Protection Bylaw (part 13 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Environmental Protection bylaw 2008 be adopted as outlined in appendix 4 of the report of the Hearings Panel dated 14 July 2008
      7. that the existing Stormwater Management Bylaw (part 18 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Stormwater Management bylaw 2008 be adopted as outlined in appendix 5 of the report of the Hearings Panel dated 14 July 2008
      8. that the existing Wharves Bylaw (part 8 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Wharves bylaw 2008 be adopted as outlined in appendix 6 of the report of the Hearings Panel dated 14 July 2008
      9. that the existing Public Places Bylaw (part 20 of the Auckland City Consolidated Bylaw 1998) and the Trading in Streets and Public Places Bylaw (part 23 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Public Places bylaw 2008 be adopted as outlined in appendix 7 of the report of the Hearings Panel dated 14 July 2008
      10. that the Water Supply Bylaw (part 26 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Water Supply bylaw 2008 be adopted as outlined in appendix 8 of the report of the Hearings Panel dated 14 July 2008
      11. that the Waiheke Wastewater Bylaw (part 29 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Waiheke Wastewater bylaw 2008 be adopted as outlined in appendix 9 of the report of the Hearings Panel dated 14 July 2008.
   2. That the bylaws listed in resolution A(i)-(xi) above come into force on 28 July 2008.
   3. That a guideline be issued to authorise officers, pursuant to clause 20.6.4 of the Public Places bylaw 2008, that if an event will be or is likely to be offensive, the decision regarding the issuing of an events permit be referred to full council for consideration.
   4. That Arts Community & Recreation Policy Group be requested to finalise the street trading policy as soon as possible as a result of concern expressed at the hearing regarding the disjuncture in granting street trading licences for promotional events and the lack of an existing street trading policy.

   Councillor Mulholland moved the following amendment:

   Councillor Christian seconded:

   That resolution A (ix) be amended as follows:

   1. 9. that the existing Public Places Bylaw (part 20 of the Auckland City Consolidated Bylaw 1998) and the Trading in Streets and Public Places Bylaw (part 23 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Public Places bylaw 2008 be adopted as outlined in appendix 7 of the report of the Hearings Panel dated 14 July 2008 subject to the following amendments:

   Clause 20.1.1 (agenda page 83) - In this bylaw unless the context requires otherwise:

   Stock includes cattle, sheep, horses, deer, donkeys, mules, goats, pigs, alpacas, llamas or any other animal (except dogs and cats) including their young, kept in captivity, or farmed and dependant on humans for their care and sustenance.

   Clause 20.3.1 (agenda page 85) - Except with the permission of an authorized officer, or a licence from council, a person shall not, in, on, or over any public place:

   1. leave any vessel or vehicle unattended at any wharf, breakwater, ramp, or pontoon, or on any beach or foreshore, except in an area specified for this purpose by the council.  This provision does not apply to dinghies, kayaks, canoes or sailboats that are left on any beach or foreshore for a period of 48 hours or less.

   CARRIED

   Councillor Northey moved the following amendment:

   Councillor Casey seconded:

   That A (ix) be amended to add at the end of clause 20.6.9 sub-clause b(iii):

   Clause 20.6.9 - Events - No event permit shall be issued where:

   Except that decisions on whether or not to issue an event permit under the Public Places bylaw in clause 20.6.9 shall continue to be made by an authorised council officer and sub-clause 20.6.9 b shall be amended to read:

   2. the authorised officer reasonably believes that:
      2. there will be significant disruption to traffic flows or public passage; or
      3. public safety cannot be maintained; or
      4. there is any other objectively justifiable and reasonable grounds for declining consent, for example that the event will be or is likely to be offensive. An event maybe considered offensive for the purpose of this clause particularly if it promotes, or is associated with, an R-rated or an age-restricted commercial activity involving full or partial nudity and/or the simulation of sexual activity; and
         • the event is to take place within normal business hours (8am to 6pm Monday to Friday);
         • the event is to take place on a road or pedestrian thoroughfare.

   As a consequence, if this amendment were carried, Resolution C would not be proceeded with.

   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 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 Graeme Mulholland Noelene Raffills His Worship the Mayor John Banks

   
   Councillor Greg Moyle was absent.

   The amendment was declared LOST by 13 votes to 6.

   His Worship the Mayor put the following substantive motion:

   Secretarial note: Items A, B and D were put together, and Item C was taken separately.

   That the recommendations contained in the Hearings Panel report No. 4/2008 be adopted, ie:

   Introducing new bylaws: construction, cultural and recreational facilities, environmental protection, stormwater management, public places, wharves, cemeteries, water supply, Waiheke wastewater bylaws; and revoking the amusement galleries, the council's coat of arms, and the refuse landfill development control bylaws

   1. That following the special consultation procedure undertaken by council:
      1. that the existing Amusement Galleries Bylaw (part 2 of the Auckland City Consolidated Bylaw 1998) be revoked
      2. that the existing Refuse Landfill Development Control Bylaw (part 21 of the Auckland City Consolidated Bylaw 1998) be revoked
      3. that the existing Council's Coat of Arms Bylaw (part 9 of the Auckland City Consolidated Bylaw 1998) be revoked
      4. that the existing Construction Bylaw (part 6 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Construction bylaw 2008 be adopted as outlined in appendix 2 of the report of the Hearings Panel dated 14 July 2008
      5. that the existing Cultural and Recreational Bylaw (part 10 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Cultural and Recreational bylaw 2008 be adopted as outlined in appendix 3 of the report of the Hearings Panel dated 14 July 2008
      6. that the existing Environmental Protection Bylaw (part 13 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Environmental Protection bylaw 2008 be adopted as outlined in appendix 4 of the report of the Hearings Panel dated 14 July 2008
      7. that the existing Stormwater Management Bylaw (part 18 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Stormwater Management bylaw 2008 be adopted as outlined in appendix 5 of the report of the Hearings Panel dated 14 July 2008
      8. that the existing Wharves Bylaw (part 8 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Wharves bylaw 2008 be adopted as outlined in appendix 6 of the report of the Hearings Panel dated 14 July 2008
      9. that the existing Public Places Bylaw (part 20 of the Auckland City Consolidated Bylaw 1998) and the Trading in Streets and Public Places Bylaw (part 23 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Public Places bylaw 2008 be adopted as outlined in appendix 7 of the report of the Hearings Panel dated 14 July 2008 subject to the following amendments:
         1. Clause 20.1.1 (agenda page 83) - In this bylaw unless the context requires otherwise:
            Stock includes cattle, sheep, horses, deer, donkeys, mules, goats, pigs, alpacas, llamas or any other animal (except dogs and cats) including their young, kept in captivity, or farmed and dependant on humans for their care and sustenance.
         2. Clause 20.3.1 (agenda page 85) - Except with the permission of an authorized officer, or a licence from council, a person shall not, in, on, or over any public place:
            1. leave any vessel or vehicle unattended at any wharf, breakwater, ramp, or pontoon, or on any beach or foreshore, except in an area specified for this purpose by the council. This provision does not apply to dinghies, kayaks, canoes or sailboats that are left on any beach or foreshore for a period of 48 hours or less.
      10. that the Water Supply Bylaw (part 26 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Water Supply bylaw 2008 be adopted as outlined in appendix 8 of the report of the Hearings Panel dated 14 July 2008
      11. that the Waiheke Wastewater Bylaw (part 29 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Waiheke Wastewater bylaw 2008 be adopted as outlined in appendix 9 of the report of the Hearings Panel dated 14 July 2008.
   2. That the bylaws listed in resolution A(i)-(xi) above come into force on 28 July 2008.

   CARRIED

   3. That a guideline be issued to authorise officers, pursuant to clause 20.6.4 of the Public Places bylaw 2008, that if an event will be or is likely to be offensive, the decision regarding the issuing of an events permit be referred to full council for consideration.

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

   For the Motion:		Against the Motion:
   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 Graeme Mulholland Noelene Raffills Denise Roche His Worship the Mayor John Banks	Councillors:	Leila Boyle Cathy Casey Graeme Easte Glenda Fryer Richard Northey

   
   Councillor Greg Moyle was absent.

   The motion was declared CARRIED by 14 votes to 5.

   4. That Arts Community & Recreation Policy Group be requested to finalise the street trading policy as soon as possible as a result of concern expressed at the hearing regarding the disjuncture in granting street trading licences for promotional events and the lack of an existing street trading policy.

   CARRIED

8. CHIEF EXECUTIVE'S REPORT TO COUNCIL

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

   [ATTACHMENT 8A]

   His Worship the Mayor moved:

   Councillor Casey seconded:

   That the council notes the significant matters highlighted within the Chief executive's report dated 16 July 2008.

   CARRIED

9. AMENDMENT OF THE SIGNS BYLAWS 2007

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the council endorses the proposed amendments to the Signs bylaw 2007, the corresponding statement of proposal and the commencement of the special consultative procedure.

   His Worship the Mayor vacated the Chair and Deputy Mayor David Hay assumed the Chair at 7:38pm

   Councillor Northey moved the following amendment:

   Councillor Easte seconded:

   That the resolution be amended to read:

   That the council endorses the proposed amendments to the Signs bylaw 2007 and the corresponding statement of proposal, with proposed new subclause 27.3.4.1 b. amended to read "b. on a vehicle which is on or can be seen from a road or other public place whether or not the principal function of the vehicle is to display the election sign," with a consequential amendment to the corresponding statement of proposal, and recommends that these be used to commence the special consultative procedure.

   LOST

   His Worship the Mayor resumed the Chair at 7:50pm

   Councillor Fryer moved the following amendment by way of addition:

   Councillor Boyle seconded:

   2. That the Council also propose in these amendments to the Signs bylaw an amendment that would ensure that the Signs bylaw is fully applicable to street furniture, excluding Adshells, until the Street Trading Policy has been adopted and is in force.

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

   For the Amendment:		Against the Amendment:
   Councillors:	Leila Boyle Cathy Casey Mark Donnelly Graeme Easte Glenda Fryer Richard Northey Denise Roche	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Graeme Mulholland Noelene Raffills His Worship the Mayor John Banks

   
   Councillor Peseta Sam Lotu-Iiga abstained from voting.

   Councillor Greg Moyle was absent.

   The amendment was declared LOST by 11 votes to 7, with 1 abstention.

   Councillor Lotu-Iiga wished it recorded that he did not take part in the debate nor voted on the above amendment.

   Councillor Casey moved the following amendment:

   Councillor Roche seconded:

   Amend Clause 27.3. 4.1 by inserting the following new sub-clause (e)

   5. Where the election sign is for the purpose of a by-election, the election sign may only be displayed within the boundaries of the ward or electorate pertaining to that by-election and in any immediately adjoining area.

   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 Richard Northey Denise Roche	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Graeme Mulholland Noelene Raffills His Worship the Mayor John Banks

   
   Councillor Peseta Sam Lotu-Iiga abstained from voting.

   Councillor Greg Moyle was absent.

   The amendment was declared LOST by 12 votes to 6, with 1 abstention.

   Councillor Lotu-Iiga wished it recorded that he did not take part in the debate nor voted on the above amendment.

   His Worship the Mayor put the following substantive motion:

   That the council endorses the proposed amendments to the Signs bylaw 2007, the corresponding statement of proposal and the commencement of the special consultative procedure.

   CARRIED

10. ST PATRICK'S SQUARE UPGRADE - ADDITIONAL FUNDING REQUEST

    His Worship the Mayor moved:

    Councillor Bhatnagar seconded:

    1. That council notes the priority for the upgrade of St Patrick's square (including the support for the upgrade from the Central Business District (CBD) Board), and the importance of the historical St Patrick's Cathedral within the square and the increase in the inner city residential and office population around the Albert Street area.
    2. That the council notes that the actual cost of the recommended St Patricks Square upgrade is $608,000 more than the budgeted cost estimate (including savings already found since the report was completed of $264,000) because of:
       1. the costs becoming more accurate as concept design progressed to detailed design
       2. the complex paving pattern recommended and its expensive fixing methodology
       3. increases in a number of costs such as professional services
       4. failure to achieve a funding grant from Land Transport NZ
       5. a recommended increase of construction contingency from 8% to 10%.
    3. That in order to reduce the cost of the upgrade to an amount closer to the estimate that the Cathedral lighting not be installed (but the ducting be installed to allow for future installation) at a cost saving of $451,000 (including associated reduction in contingency) leaving a $158,000 increase.
    4. That the council approve an increase in the budget for St Patricks Square of up to $158,000 funded from the CBD targeted rate reallocated from the Queen Street/Myers Park project, bringing the total cost of this project to $8.9 million conditional on resolution (E) below.
    5. That replacing the triangular patterned paving with a standard rectangular, or alternate pattern, be considered to further reduce the cost of the upgrade by up to $371,000 with this decision delegated to the Central Business District (CBD) Board after advice from the Urban Design Panel.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 8:07pm.