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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON THURSDAY, 28 AUGUST 2008 AT 6:00PM

PRESENT: His Worship the Mayor, Hon John Banks, QSO  
  Deputy Mayor David Hay, JP  
  Councillors: Douglas Armstrong, QSO  
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle  
    Dr Cathy Casey  
    Bill Christian, JP  
    Mark Donnelly  
    Graeme Easte  
    Glenda Fryer  
    Paul Goldsmith  
    John Lister, OBE  
    Peseta Sam Lotu-Iiga  
    Toni Millar, JP [from 6:50pm item 12]
    Greg Moyle, E.D.  
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills [until 7:20pm item 13; from 7:30pm item 13]
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved:

    Councillor Moyle seconded:

    That the apology from Councillor Millar for lateness be accepted.

    CARRIED

  2. Top MINUTES

    His Worship the Mayor moved:

    Deputy Mayor Hay seconded:

    That the minutes of the ordinary meeting of council held on Thursday, 24 July 2008 be confirmed as a true and correct record.

    CARRIED

  3. Top LEAVE OF ABSENCE

    There were no applications for leave of absence.

  4. Top PETITIONS

    There were no petitions.

  5. Top DEPUTATIONS

    There were no deputations.

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

    REPORTS OF COMMITTEES

  7. Top TRANSPORT COMMITTEE REPORT NO. 6/2008

    Councillor Baguley moved:

    Councillor Lister seconded:

    That the recommendations contained in the Transport Committee report No. 6/2008 be adopted ie:

    1. Proposed Speed Limit Reduction for Queen Street

    That council approves the lowering of the speed limit in Queen Street, CBD Auckland between Mayoral Drive and Customs Street from 50 to 30 kilometres an hour (km/h).

    1. Term Maintenance Physical Works and Professional Services Contract Values for 2008/2009

    That council approves the following term contract values to 30 June 2009:

    Contract Description Funding from LTNZ Contract term as at 30 June 09 Total Contract Value to 30 June 2008 Value of Work 2008/09 Total Contract Value requested to 30 June 2009
    TARS/04/340 General maintenance on Great Barrier Island Yes 5 of 5 7,524,506 2,365,995 9,890,501
    TARS/04/341 Road Marking Yes 5 of 5 7,211,955 973,500 8,185,455
    TARS/04/342 Street Lighting Yes 5 of 5 11,759,022 4,615,600 16,374,622
    TARS/04/344 General maintenance on the isthmus Yes 5 of 5 37,010,730 6,645,524 43,656,254
    TARS/04/345 Carriageway renewals in Western, Eastern Bays and Hobson Wards Yes 5 of 5 62,265,202 10,768,500 73,033,702
    TARS/04/346 Carriageway renewals in Avondale, Eden-Albert and Tamaki-Maungakiekie Wards Yes 5 of 5 69,637,093 12,171,986 81,809,079
    TARS/04/347 General maintenance on Waiheke and Renewals on the island network Yes 5 of 5 21,910,733 7,573,247 29,483,980
    TARS/04/348 Footpath renewals in Western, Eastern Bays and Hobson Wards No 5 of 5 58,848,197 16,535,353 75,383,550
    TARS/04/349 Footpath renewals in Avondale, Eden-Albert and Tamaki-Maungakiekie Wards No 5 of 5 23,755,346 5,145,000 28,900,346

    PW/07/496

    HGI wharves maintenance

    No

    		 2 of 5 237,127 248,500

    485,627
    MC/07/535 Auckland Road Maintenance Alliance -West   1 of 5 n/a 26,875,894 26,875,894
    PS/07/486 Professional services, road asset management.   1of 3 n/a 924,065 924,065
    PS/07/545 Professional services - drainage and structures asset management.   1of 3 n/a 960,569 960,569
    PS/08/553 Professional services -Southern Area of Isthmus.   1of 3 n/a 798,496 798,496
    PS/08/554 Professional services - Eastern Area of Isthmus.   1of 3 n/a 891,805 891,805
    PS/08/555 Professional services - Hauraki Gulf Islands.   1of 3 n/a 429,733 429,733

    CARRIED

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 06/2008

    Councillor Lotu-Iiga moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the City Development Committee report No. 06/2008 be adopted, subject to resolution iv. being amended to include the words "a Marine Events Centre" after the words "...financial years be approved for", ie:

    1. District Plan (Central Area): Proposed Plan Modification 14 - Minor Amendments to Heritage Provisions
      1. That Plan Modification 14 to the Operative District Plan (Central Area Section) 2004 be approved in order that the plan change can be made operative.
      2. That the Manager, central area planning be authorised to complete the statutory processes required to make Plan Modification 14 to the Operative District Plan 2004 (Central Area Section) which relates to amendments to clarify the protection of heritage items in Schedule B of Part 10 Heritage operative.
    2. Plan Change 1 - Victoria Quarter, Central Area District Plan
      1. That Plan Modification 1 to the Operative District Plan (Central Area Section) 2004 and Plan Modification No. 31 to the Proposed District Plan 1997 be approved which relates to the Victoria Quarter (the western part of the Central Area, bound by Hobson Street, Fanshawe Street, Union Street and Victoria Park) in order that the plan changes can be made operative.
      2. That Plan Modification 118 - Commercial 8V: Victoria Zone, to the Transitional Operative District Plan 1991 be approved in order that the plan change can be made operative.
      3. That the manager, central area planning be authorised to complete the statutory processes required to make the plan modifications in recommendations A and B above, operative.
    3. Plan Change 71 - Mixed Use Operative
      That the Manager: Inner Isthmus be authorised to complete the statutory processes required to make Plan Change 71 (mixed-use zone) to the Isthmus Plan operative.
    4. Marine Events Project Update
      That an additional $7.8 million for the 2009/2010 and $1.5 million for the 2010/2011 financial years be approved for a Marine Events Centre so that the enhancements detailed below can be added to maximise the functionality, sustainability and public amenity/urban design.  Noting that this would increase the development budget to $29.3 million, which includes payable development contributions of $1.6 million.
    Additional sustainability features
    Efficient Chilled beam system over a standard air conditioning $0.40 million
    Increasing roof overhang for solar shielding in summer $0.55 million
    Rainwater storage and re-use system $50,000
    Additional urban design attribute
    Viewing Deck and associated colonnade $1.35 million
    Double height entry $0.15 million
    Lyrical precast concrete roof, over the cost of a smaller steel clad mono-pitch roof $1.50 million
    Additional functionality features
    Maximising the floor area of building (not including roof extension) $1.7 million
    Blackout curtains in the main event space $0.35 million
    New ground floor slab instead of reusing wharfs existing surface $0.45 million
    Escalators to level 2 & 3 $0.65 million
    Internal perforated plywood acoustic cladding in roof space $0.45 million
    Event space, instead of jib walls $0.1 million
    1. Network Utility Plan Changes 90, 90A and 74 to the Isthmus District Plan
      1. That Plan Change 90 (a revision of the network utility section part 4A.4) and Plan Change 90A (a variation to Plan Change 90 that seeks to correct inconsistencies to water, stormwater and sewerage provisions) be withdrawn and that remaining relevant provisions of these proposed plan changes be specifically considered for inclusion in the comprehensive review of the network utility provisions envisaged in resolution D.
      2. That the Manager, inner isthmus be authorised to commence statutory withdrawal procedures for Plan Changes 90 and 90A.
      3. That Plan Change 74 which strengthens the assessment criteria for new aboveground lines and amend discrepancies be retained.
      4. That officers undertake a comprehensive review of the network utility provisions as part of the review of the Isthmus District Plan.

    Councillor Northey moved the following amendment to item 8(iv):

    Councillor Casey seconded:

    That provision for a lyrical pre-cast concrete roof be deleted, resulting in a cost saving of $1.5 million. As a consequence the main resolution would be amended by reducing $7.8 million to $6.3 million and $29.3 million to $27.8 million and the eighth line item referring to a lyrical pre-cast concrete roof would be deleted i.e. 8(iv) would then read:

    1. Marine Events Project Update
      That an additional $6.3 million for the 2009/2010 and $1.5 million for the 2010/2011 financial years be approved for a Marine Events Centre so that the enhancements detailed below can be added to maximise the functionality, sustainability and public amenity/urban design. Noting that this would increase the development budget to $27.8 million, which includes payable development contributions of $1.6 million.

    Additional sustainability features
    Efficient Chilled beam system over a standard air conditioning $0.40 million
    Increasing roof overhang for solar shielding in summer $0.55 million
    Rainwater storage and re-use system $50,000
    Additional urban design attribute
    Viewing Deck and associated colonnade $1.35 million
    Double height entry $0.15 million
    Lyrical pre-cast concrete roof, over the cost of a smaller steel clad mono-pitch roof $1.50 million
    Additional functionality features
    Maximising the floor area of building (not including roof extension) $1.7 million
    Blackout curtains in the main event space $0.35 million
    New ground floor slab instead of reusing wharfs existing surface $0.45 million
    Escalators to level 2 & 3 $0.65 million
    Internal perforated plywood acoustic cladding in roof space $0.45 million
    Event space, instead of jib walls $0.1 million

    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

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor, John Banks


    Councillor Toni Millar was absent.

    The amendment was declared LOST by 13 votes to 6.

    Councillor Fryer moved the following amendment to item 8(v):

    Councillor Boyle seconded:

    That the following be added to resolution B ".... but only after the outcome of the review of network utility provisions has been promulgated and incorporated into the Isthmus District Plan" so that B would then read:

    1. That the Manager, inner isthmus be authorised to commence statutory withdrawal procedures for Plan Changes 90 and 90A but only after the outcome of the review of network utility provisions has been promulgated and incorporated into the Isthmus District Plan.

    The above amendment was withdrawn by leave of the meeting.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the City Development Committee report No. 06/2008 be adopted, subject to resolution iv. being amended to include the words "a Marine Events Centre" after the words "...financial years be approved for", ie:

    1. District Plan (Central Area): Proposed Plan Modification 14 - Minor Amendments to Heritage Provisions
      1. That Plan Modification 14 to the Operative District Plan (Central Area Section) 2004 be approved in order that the plan change can be made operative.
      2. That the Manager, central area planning be authorised to complete the statutory processes required to make Plan Modification 14 to the Operative District Plan 2004 (Central Area Section) which relates to amendments to clarify the protection of heritage items in Schedule B of Part 10 Heritage operative.
    2. Plan Change 1 - Victoria Quarter, Central Area District Plan
      1. That Plan Modification 1 to the Operative District Plan (Central Area Section) 2004 and Plan Modification No. 31 to the Proposed District Plan 1997 be approved which relates to the Victoria Quarter (the western part of the Central Area, bound by Hobson Street, Fanshawe Street, Union Street and Victoria Park) in order that the plan changes can be made operative.
      2. That Plan Modification 118 - Commercial 8V: Victoria Zone, to the Transitional Operative District Plan 1991 be approved in order that the plan change can be made operative.
      3. That the manager, central area planning be authorised to complete the statutory processes required to make the plan modifications in recommendations A and B above, operative.
    3. Plan Change 71 - Mixed Use Operative
      That the Manager: Inner Isthmus be authorised to complete the statutory processes required to make Plan Change 71 (mixed-use zone) to the Isthmus Plan operative.

    4. Marine Events Project Update
      That an additional $7.8 million for the 2009/2010 and $1.5 million for the 2010/2011 financial years be approved for a Marine Events Centre so that the enhancements detailed below can be added to maximise the functionality, sustainability and public amenity/urban design. Noting that this would increase the development budget to $29.3 million, which includes payable development contributions of $1.6 million.

    Additional sustainability features
    Efficient Chilled beam system over a standard air conditioning $0.40 million
    Increasing roof overhang for solar shielding in summer $0.55 million
    Rainwater storage and re-use system $50,000
    Additional urban design attribute
    Viewing Deck and associated colonnade $1.35 million
    Double height entry $0.15 million
    Lyrical precast concrete roof, over the cost of a smaller steel clad mono-pitch roof $1.50 million
    Additional functionality features
    Maximising the floor area of building (not including roof extension) $1.7 million
    Blackout curtains in the main event space $0.35 million
    New ground floor slab instead of reusing wharfs existing surface $0.45 million
    Escalators to level 2 & 3 $0.65 million
    Internal perforated plywood acoustic cladding in roof space $0.45 million
    Event space, instead of jib walls $0.1 million
    1. Network Utility Plan Changes 90, 90A and 74 to the Isthmus District Plan
      1. That Plan Change 90 (a revision of the network utility section part 4A.4) and Plan Change 90A (a variation to Plan Change 90 that seeks to correct inconsistencies to water, stormwater and sewerage provisions) be withdrawn and that remaining relevant provisions of these proposed plan changes be specifically considered for inclusion in the comprehensive review of the network utility provisions envisaged in resolution D.
      2. That the Manager, inner isthmus be authorised to commence statutory withdrawal procedures for Plan Changes 90 and 90A.
      3. That Plan Change 74 which strengthens the assessment criteria for new aboveground lines and amend discrepancies be retained.
      4. That officers undertake a comprehensive review of the network utility provisions as part of the review of the Isthmus District Plan.

    CARRIED

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 7/2008

    Councillor Armstrong moved:

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report No. 7/2008 be adopted, subject to resolution iii.A. being amended to include the words ", part 594 Great North Road," after the words "..., Certificate of Title 780/262,...", ie:

    1. Electoral System and Maori Representation
      1. That in view of Council's submission to, and the ongoing deliberations by the Royal Commission, it would be inappropriate to make changes to the electoral and Maori representative system at this present time.
      2. That the existing first past the post electoral system and ward representation continue.
    2. Draft One Plan for the Auckland Regional (Version One)
      1. That Council endorses One Plan for Auckland (version 1), subject to the following feedback being provided to the Regional Sustainable Development Forum (RSDF):
        1. Auckland City Council is supportive of the draft One Plan for the Auckland region (version one). The development of One Plan is an important achievement by the region as it provides a single strategic framework and plan of action. The seven programmes of action are supported by Auckland City Council as they recognise important existing decisions, commitments, and opportunities for Auckland's transformation to an internationally competitive city-region.
        2. The development of an infrastructure plan for Auckland is supported by Auckland City Council. Auckland City Council would however encourage the RSDF to expand the scope of the infrastructure plan from the three areas of energy, transport and water (see One Plan pages 30-35, Attachment 1). The region's future prosperity and competitiveness will be influenced by the planning and orderly sequencing and funding of all infrastructure, not just in the areas of energy, transport and water. The limitation of the infrastructure plan to these three areas does not duly recognise other important regional infrastructure for Auckland, for example, social and cultural infrastructure.

          Experiences of other region's and international cities is that infrastructure plans cover the full scope of infrastructure, often including the commitments of all tiers of government.

          Auckland City Council would encourage the RSDF to agree to a broadening of the infrastructure plan scope to address all infrastructure in Auckland.

        3. Auckland City Council is supportive of the future priorities identified in One Plan for the Auckland region (see One Plan pages 36-37, Attachment 1). In considering the issues facing the region, Auckland City Council is of the view that the list of future priorities should be broadened to include:
          • Natural environment - volcanic cones, Hauraki Gulf, harbours
          • Strengthened economic strategy identifying clear priorities for Auckland domestically and internationally
          • Business centres and job creation ("a good place to do business")
          • Settlement strategy for immigrants, migrants and refugees
          • Affordable housing through housing choice and diversity

          Council notes and is supportive of the intended evolution of One Plan. The strategic filters and assessment criteria used to define the programmes of action in version one, should be continued in the development of future versions of One Plan. Whilst the filters and criteria will evolve with each version of One Plan, it provides the RSDF and regional stakeholders with clear, consistent and transparent logic for decisions and prioritised action on future One Plan for Auckland programmes of action.

      2. That council's Regional Sustainable Development Forum (RSDF) members be delegated authority to sign off council's response to the RSDF and present council's views on the draft One Plan for Auckland region (version one) at the September and October RSDF meetings.
    3. Declaration of Land to be Surplus and Sold - Part 594 Great North Road
      1. That the vacant land of approximately 100m2, being the rear part of Lot 42, DP 20423, Certificate of Title 780/262, part 594 Great North Road, be declared surplus to Council's public work requirements and disposed of in accordance with the provisions of sections 40 and 42 of the Public Works Act 1981.
      2. That the terms and conditions of the agreement for the disposal of the surplus land, be approved by the Group manager property under delegation. That these include approval of the design and materials used in the proposed development, re-routing of the waste pipes and maintaining access to the waste pipes and the rear of the public convenience building for maintenance purposes.

    Councillor Roche moved the following amendment to item 9(i)A:

    Councillor Casey seconded:

    That A be amended to read:

    1. That Council conduct a poll of all Auckland City electors registered on the Maori roll and consult with tangata whenua iwi regarding establishing a Maori ward for the 2010 election of Council members.

    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

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor, John Banks


    Councillor Toni Millar was absent.

    The amendment was declared LOST by 13 votes to 6.

    Councillor Casey moved the following procedural motion:

    Councillor Boyle seconded:

    That Councillor Roche be granted an extension of time for speaking to her amendment.

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

    For the Motion: Against the Motion:
    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

    Peseta Sam Lotu-Iiga

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor, John Banks


    Councillor Toni Millar was absent.

    The motion was declared LOST by 12 votes to 7.

    Councillor Northey moved the following amendment to item 9(i)B:

    Councillor Boyle seconded:

    That B be amended to read:

    1. That the existing ward representation continue and the 2010 election of council members be conducted under the single transferable vote system.

    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

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor, John Banks


    Councillor Toni Millar was absent.

    The amendment was declared LOST by 13 votes to 6.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Finance and Strategy Committee report No. 7/2008 be adopted, subject to resolution iii.A. being amended to include the words ", part 594 Great North Road," after the words "..., Certificate of Title 780/262,...", ie:

    1. Electoral System and Maori Representation
      1. That in view of Council's submission to, and the ongoing deliberations by the Royal Commission, it would be inappropriate to make changes to the electoral and Maori representative system at this present time.
      2. That the existing first past the post electoral system and ward representation continue.
    2. ii. Draft One Plan for the Auckland Regional (Version One)
      1. That Council endorses One Plan for Auckland (version 1), subject to the following feedback being provided to the Regional Sustainable Development Forum (RSDF):
        1. Auckland City Council is supportive of the draft One Plan for the Auckland region (version one). The development of One Plan is an important achievement by the region as it provides a single strategic framework and plan of action. The seven programmes of action are supported by Auckland City Council as they recognise important existing decisions, commitments, and opportunities for Auckland's transformation to an internationally competitive city-region.
        2. The development of an infrastructure plan for Auckland is supported by Auckland City Council. Auckland City Council would however encourage the RSDF to expand the scope of the infrastructure plan from the three areas of energy, transport and water (see One Plan pages 30-35, Attachment 1). The region's future prosperity and competitiveness will be influenced by the planning and orderly sequencing and funding of all infrastructure, not just in the areas of energy, transport and water. The limitation of the infrastructure plan to these three areas does not duly recognise other important regional infrastructure for Auckland, for example, social and cultural infrastructure.

          Experiences of other region's and international cities is that infrastructure plans cover the full scope of infrastructure, often including the commitments of all tiers of government.

          Auckland City Council would encourage the RSDF to agree to a broadening of the infrastructure plan scope to address all infrastructure in Auckland.

        3. Auckland City Council is supportive of the future priorities identified in One Plan for the Auckland region (see One Plan pages 36-37, Attachment 1). In considering the issues facing the region, Auckland City Council is of the view that the list of future priorities should be broadened to include:
          • Natural environment - volcanic cones, Hauraki Gulf, harbours
          • Strengthened economic strategy identifying clear priorities for Auckland domestically and internationally
          • Business centres and job creation ("a good place to do business")
          • Settlement strategy for immigrants, migrants and refugees
          • Affordable housing through housing choice and diversity

          Council notes and is supportive of the intended evolution of One Plan. The strategic filters and assessment criteria used to define the programmes of action in version one, should be continued in the development of future versions of One Plan. Whilst the filters

          and criteria will evolve with each version of One Plan, it provides the RSDF and regional stakeholders with clear, consistent and transparent logic for decisions and prioritised action on future One Plan for Auckland programmes of action.

      2. That council's Regional Sustainable Development Forum (RSDF) members be delegated authority to sign off council's response to the RSDF and present council's views on the draft One Plan for Auckland region (version one) at the September and October RSDF meetings.
    3. Declaration of Land to be Surplus and Sold - Part 594 Great North Road
      1. That the vacant land of approximately 100m2, being the rear part of Lot 42, DP 20423, Certificate of Title 780/262, part 594 Great North Road, be declared surplus to Council's public work requirements and disposed of in accordance with the provisions of sections 40 and 42 of the Public Works Act 1981.
      2. That the terms and conditions of the agreement for the disposal of the surplus land, be approved by the Group manager property under delegation. That these include approval of the design and materials used in the proposed development, re-routing of the waste pipes and maintaining access to the waste pipes and the rear of the public convenience building for maintenance purposes.

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

    For the Motion: Against the Motion:
    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Leila Boyle

    Cathy Casey

    Bill Christian

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Greg Moyle

    Graeme Mulholland

    Richard Northey

    Noelene Raffills

    Denise Roche

    His Worship the Mayor, John Banks

    		 Councillors: -


    Councillor Toni Millar was absent.

    The motion was declared CARRIED by 19 votes to zero.

  10. Top HEARINGS PANEL REPORT NO. 5/2008

    Councillor Raffills moved:

    Councillor Christian seconded:

    That the recommendations contained in the Hearings Panel report No. 5/2008 be adopted ie:

    Recommendations on Private Plan Change 225 to the Auckland City Operative District Plan - Isthmus Section

    1. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, proposed Plan Change 225, to rezone 452m2 of land at 32 Balfour Road, Parnell, being part of Lot 3, Deposited Plan 177570, contained in Certificate of Title NA109C/187 (and as defined in LUC20070067102), to Business 4 and apply Concept Plan B10-19 to the Auckland City Council District Plan 1999: Isthmus Section - be approved with the following modifications (where appropriate, new text is shown in underline and deleted text shown in strikethrough:
      1. Amendment of the title of the Concept Plan to include reference to 32 Balfour Road.
      2. Adding an 'explanation' to Concept Plan B10-19 that outlines the history of the sites as follows:

        "Explanation

        The special Concept Plan B10-19 was the result of Environment Court decision for the rezoning of 28-30 Balfour Road. The site at 32 Balfour Road was subsequently added to the special Concept Plan B10-19 as result of a further plan change. The development controls for the two sites differ as a result of the two separate processes."

      3. Amend the text under the heading 'development controls' to read as follows:

        "All Development of the site shall be subject to the development controls of the Business 4 zone of the District Plan, except:

        1. 28-30 Balfour Road

          that  there shall be additional controls regarding landscaping of street frontages and activity buffers with neighbouring sites as shown on the Concept Plan. Modification of the landscaped areas, yards and activity buffers as shown on the concept plan will be considered as a discretionary activity.

        2. 32 Balfour Road

          The provisions of Part 8 shall apply with regard to noise within the Business 4 (Special Purpose) Zone at 32 Balfour Road.

          In addition, for any new building or existing building being refurbished or altered for the purposes of any residential activity residential purposes a report signed by an engineer specialising in acoustic design shall be submitted to the Council the Manager: City Planning certifying that the building has been designed so that:

          1. After completion of the construction of the building, a further report shall be submitted to the Council (Manager: City Planning) signed by the same or a similarly qualified engineer certifying that the building has been built in compliance with the noise and ventilation criteria specified above.

            Where an activity fails to meet one or more of the relevant development controls for the site, including the specific controls listed above, it shall be assessed against particular criteria of Clause 4.3.1.2B. DEVELOPMENT CONTROL MODIFICATIONS."

      4. Make changes to the concept plan diagram involving:
        1. The removal of the building platform from the diagram for 32 Balfour Road; and
        2. The addition of a shaded area to the diagram for 32 Balfour Road to reflect the extent of the plan change; and
        3. The addition of a key on the diagram to reflect the inclusion of 32 Balfour Road in the concept plan.

          A copy of the text and diagram reflecting these modifications is attached at appendix 1 of the report of the Hearings Panel dated 28 July 2008.

    CARRIED

  11. Top HEARINGS PANEL REPORT NO. 6/2008

    Councillor Mulholland moved:

    Deputy Mayor David Hay seconded:

    That the recommendations contained in the Hearings Panel report No. 6/2008 be adopted ie:

    Recommendations of the Hearings Panel to Introduce the New Auckland City Council Cemeteries Bylaw 2008 and to Revoke Part 7 (Cemeteries) of the Auckland City Council Consolidated Bylaw 1998

    1. That following the special consultation procedure undertaken by council:

      That the existing Cemeteries Bylaw (part 7 of the Auckland City Consolidated Bylaw 1998) be revoked and that a new Cemeteries bylaw 2008 be adopted as outlined in appendix 2 of the report of the Hearings Panel dated 6 August 2008.

    2. That the Cemeteries bylaw 2008 come into force on 15 September 2008.
    3. That issues raised in submissions that are outside the scope of this review be considered by officers and reported to the City Development Committee by 30 June 2009.

    CARRIED

  12. Top ARTS, CULTURE AND RECREATION REPORT NO. 2/2008

    An updated report to council containing the 27 August 2008 Arts, Culture and Recreation Committee resolutions regarding this matter was tabled.

    [ATTACHMENT 12A]

    Councillor Moyle moved:

    Councillor Millar seconded:

    That the recommendations contained in the Arts, Culture & Recreation Committee report No. 2/2008 be adopted ie:

    Aotea Square Redevelopment - Landscape Design Public Consultation Feedback And Design Enhancements

    1. A. That the draft concept design, with amendments listed below, for the upgrade of Aotea Square, be approved to be developed through to detailed design stage and implementation.
    2. B. That, in response to the public consultation and urban design review for the draft concept design for the upgrade of Aotea Square, detailed design will address:
      • the use of the nikau palms;
      • additional shade;
      • treatment of existing artworks;

        for report back to the Arts, Culture and Recreation Committee.

    3. That, in addition to the approved budget of $25 million for the upgrade of Aotea Square, additional funding of $1.17 million be approved for the following design enhancements, funded by savings in other areas of the project:
      Cost estimate
     
    • Relocate exhaust vent
    		 430,000
    • Quality pavers adjacent to Auckland Town Hall
    		 190,000
    • Stainless steel expansion joints
    		 100,000
    • More and larger trees
    		 300,000
    • Resolve the change in levels adjacent to Aotea Centre skylight
    		 150,000
      up to $1,170,000


     

    1. That any funding secured from further savings across the upgrade of Aotea Square project be applied to:
      Cost estimate
     
    • Shade structure
    		 500,000
    • Enhancements to functional features e.g. pre-cast patterns in walls
    		 500,000
      up to $1,000,000


     

    Noting that approval for this funding is via Auckland City Council's public art policy, as outlined in the 'Art in public places' document.

    1. That concept papers be developed and reported back to the Arts, Culture and Recreation Committee on:
      • additional standalone art works for Aotea Square;
      • canopy over Aotea Centre kiosk;
      • Auckland Town Hall café;
      • Civic building forecourt;
      • Bledisloe building walkway upgrade.

    Councillor Casey moved the following amendment to item 12B:

    Councillor Northey seconded:

    That an additional bullet point be added to B to read as follows:

    1. That, in response to the public consultation and urban design review for the draft concept design for the upgrade of Aotea Square, detailed design will address:
      • the use of the nikau palms;
      • additional shade;
      • treatment of existing artworks;
      • ensuring that there are appropriate design features which will be attractive to all, including families and children

        for report back to the Arts, Culture and Recreation Committee.

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

    For the Amendment: Against the Amendment:
    Councillors: Douglas Armstrong

    Ken Baguley

    Leila Boyle

    Cathy Casey

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Toni Millar

    Graeme Mulholland

    Richard Northey

    Noelene Raffills

    Denise Roche

    His Worship the Mayor, John Banks

    		 Councillors: Aaron Bhatnagar

    Bill Christian

    Peseta Sam Lotu-Iiga

    Greg Moyle


    The amendment was declared CARRIED by 16 votes to 4.

    The amendment became the substantive motion.

    Councillor Fryer moved the following amendment to item 12C and 12D:

    Councillor Easte seconded:

    1. That, in addition to the approved budget of $25 million for the upgrade of Aotea Square, additional funding of $1.17 million be approved for the following design enhancements, funded by savings in other areas of the project:
      Cost estimate
     
    • Stainless steel expansion joints
    		 100,000
    • More and larger trees
    		 300,000
    • Shade structure
    		 500,000
    • Water features
    		 270,000
      up to $1,170,000


     

    1. That any funding secured from further savings across the upgrade of Aotea Square project be applied to:
      Cost estimate
     
    • Child and family friendly features
    		 310,000
    • Quality pavers adjacent to Town Hall
    		 190,000
    • Enhancements to functional features e.g. pre-cast patterns in walls
    		 500,000
      up to $1,000,000


     

    Noting that approval for this funding is via Auckland City Council's public art policy, as outlined in the 'Art in public places' document.

    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

    		 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

    Noelene Raffills

    Denise Roche

    His Worship the Mayor, John Banks


    The motion was declared LOST by 15 votes to 5.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Arts, Culture & Recreation Committee report No. 2/2008 be adopted ie:

    Aotea Square Redevelopment - Landscape Design Public Consultation Feedback and Design Enhancements

    1. That the draft concept design, with amendments listed below, for the upgrade of Aotea Square, be approved to be developed through to detailed design stage and implementation.
    2. That, in response to the public consultation and urban design review for the draft concept design for the upgrade of Aotea Square, detailed design will address:
      • the use of the nikau palms;
      • additional shade;
      • treatment of existing artworks;
      • ensuring that there are appropriate design features which will be attractive to all, including families and children

        for report back to the Arts, Culture and Recreation Committee.

    3. That, in addition to the approved budget of $25 million for the upgrade of Aotea Square, additional funding of $1.17 million be approved for the following design enhancements, funded by savings in other areas of the project:
      Cost estimate
     
    • Relocate exhaust vent
    		 430,000
    • Quality pavers adjacent to Auckland Town Hall
    		 190,000
    • Stainless steel expansion joints
    		 100,000
    • More and larger trees
    		 300,000
    • Resolve the change in levels adjacent to Aotea Centre skylight
    		 150,000
      up to $1,170,000


     

    1. That any funding secured from further savings across the upgrade of Aotea Square project be applied to:
      Cost estimate
     
    • Shade structure
    		 500,000
    • Enhancements to functional features e.g. pre-cast patterns in walls
    		 500,000
      up to $1,000,000


     

    Noting that approval for this funding is via Auckland City Council's public art policy, as outlined in the 'Art in public places' document.

    1. That concept papers be developed and reported back to the Arts, Culture and Recreation Committee on:
      • additional standalone art works for Aotea Square
      • canopy over Aotea Centre kiosk
      • Auckland Town Hall café
      • Civic building forecourt
      • Bledisloe building walkway upgrade.

    CARRIED

    REPORTS OF OFFICERS

  13. Top CHIEF EXECUTIVE'S JULY 2008 REPORT

    The Chief executive's responses to questions raised by councillors was tabled.

    [ATTACHMENT 13A AND 13B]

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That the Chief executive's monthly report on key matters including those of leadership and strategy, an overview on issues and activities, be noted.

    CARRIED

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

    His Worship the Mayor moved:

    Councillor Christian seconded:

    That the public be excluded from the following part(s) of the proceedings of this meeting.

    The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

    This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

    Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Particular interest(s) protected (where applicable) Ground(s) under section 48(1) for the passing of this resolution
    C1 Finance and Strategy Committee Report No. C6/2008 -
    1. Maori Land Rates
    2. Supplier recommendation report for the theatre seat replacement at the Civic Theatre
    		 Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.
    1. 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 assessment numbers and property locations of properties for which rates are recommended to be written off which could lead to the identification of the property owners concerned.

    2. 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.

      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 report contains financial and commercial information relating to the contractor, that if released to the public, would compromise council's commercial activities and ability to negotiate.

    		 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. C5/2008
    1. Supplier Recommendation report for the Aotea Square Redevelopment
    2. Report and Resolutions from the Great Barrier Community Board - Medlands Historic Reserve Burial Issues
    		 Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.
    1. 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 financial and commercial information relating to various contractors / tenderers for the Aotea contract, and contains sensitive information which could prejudice or disadvantage council in commercial negotiations or activities.

    2. Section 7(2)(a)

      The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased persons.

      In particular, Great Barrier Island is a small community and there are sensitivity issues relating to private individuals and families.

    		 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 Arts, Culture and Recreation Committee Report No. C6/2008

    1. Approval of indemnity arrangements for the Civic Carpark

    2. Acquisition of Land for Open Space - Onehunga

    3. Request for Underwrite - Auckland Festival Trust

    		 Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.
    1. 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)(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 information needs to be confidential, as released it would breach an obligation of confidentiality in the Deed of Indemnity, and would prejudice the commercial positions of the organisations involved.

    2. 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.

      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 deals with details on proposed land acquisitions. Public disclosure of this information would prejudice the bargaining position of Auckland City.

    3. 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)(h)

      The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

      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 report contains information relating to third parties, that if released to the public, would compromise the Auckland Festival's ability to carry out negotiations and commercial activities in relation to the organising of the Auckland Festival 2009.

    		 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

    The meeting adjourned at 7.47pm and reconvened at 7.54pm.

    There being no further business His Worship the Mayor declared the meeting closed at 8:04pm.
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