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MINUTES OF A MEETING OF THE AUCKLAND CITY COUNCIL

HELD ON THURSDAY, 25 SEPTEMBER 2008 AT 6:00PM

PRESENT: His Worship the Mayor, Hon John Banks, QSO  
  Deputy Mayor David Hay, JP [until 6:25pm item 5.1; from 6:36pm item 5.2]
  Councillors: Douglas Armstrong, QSO [until 6:30pm item 5.1; from 6:35pm item 5.2; until 6:55pm item; from 6:59pm item 5.3]
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle [until 8:01pm item 12; from 8:04pm item 12]
    Dr Cathy Casey  
    Bill Christian, JP [until 8:46pm item 13; from 8:50pm item 13]
    Graeme Easte  
    Glenda Fryer  
    Paul Goldsmith [until 6:30pm item 5.2; from 6:39pm item 5.2; until 7:00pm item 5.2; from 7:08pm item 8]
    John Lister, OBE  
    Peseta Sam Lotu-Iiga  
    Toni Millar, JP  
    Greg Moyle, E.D.  
    Graeme Mulholland, JP [until 8:45pm item 13; from 8:48pm item 13]
    Richard Northey, ONZM  
    Noelene Raffills [until 7:28pm item 11; from 7:35pm item 11]
    Denise Roche [until 8:52pm item 13; from 8:55pm item 13]

  1. Top APOLOGIES

    His Worship the Mayor moved

    Councillor Christian seconded:

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

    CARRIED

  2. Top MINUTES

    His Worship the Mayor moved

    Deputy Mayor David Hay seconded:

    That the minutes of the ordinary meeting of council held on Thursday, 28 August 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

    5.1. MR GREG MCKEOWN - TE WERO BRIDGE AND RELATED TRANSPORT ISSUES

    Mr McKeown gave a powerpoint presentation regarding transport related issues and options for the Te Wero bridge and development at Viaduct Harbour.

    [ATTACHMENT 5.1]

    His Worship the Mayor moved

    Councillor Christian seconded:

    That Mr Greg McKeown, Mr Harry Julian, O.B.E. and Mr John White, Auckland City Marina Manager be thanked for their presentation on the Te Wero Bridge and related transport issues.

    CARRIED

    5.2. MS J GOFFE-ROBERTSON - AOTEA MARKETS

    Ms Goffe-Robertson addressed the council seeking the relocation of Aotea Market to the upper Lorne Street site. A decision regarding the location of the market is required by December 2008. The Aotea Markets representatives have carried out investigations and believe the situation has significantly changed since this location was considered by the Arts, Culture and Recreation Committee.

    [ATTACHMENT 5.2A & 5.2B]

    His Worship the Mayor moved

    Councillor Casey seconded:

    That Ms Goffe-Robertson, representing the Aotea Market stall holders, be thanked for her presentation seeking council support to trial the relocation of the Aotea Markets to the upper end of Lorne Street.

    Councillor Easte moved the following amendment:

    Councillor Boyle seconded:

    1. That the Upper Lorne St site be investigated for the relocation of the Aotea Market, with the matter being referred to the next meeting of the Transport Committee as this site requires a temporary road closure, and the Committee be given delegated authority to determine the matter.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    1. That Ms Goffe-Robertson, representing the Aotea Market stall holders, be thanked for her presentation seeking council support to trial the relocation of the Aotea Markets to the upper end of Lorne Street.
    2. That the Upper Lorne St site be investigated for the relocation of the Aotea Market, with the matter being referred to the next meeting of the Transport Committee as this site requires a temporary road closure, and the Committee be given delegated authority to determine the matter.

    CARRIED

    5.3. MS P BRIGHT AND MS L PRAGER - ESTABLISHMENT OF A HOLDING COMPANY

    Ms Bright and Ms Prager addressed the council. Ms Bright tabled documentation to support her presentation regarding the establishment of a holding company and the management of public assets.

    [ATTACHMENT 5.3]

    His Worship the Mayor moved

    Councillor Casey seconded:

    That Ms Bright and Ms Prager be thanked for their presentation opposing the establishment of a holding company.

    CARRIED

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

    Councillor Casey moved:

    Councillor Northey seconded:

    That Item 11 be taken at this point.

    LOST

    REPORTS OF COMMITTEES

  7. Top TRANSPORT COMMITTEE REPORT NO. 7/2008

    Councillor Baguley moved

    Councillor Lister seconded:

    That the recommendations contained in the Transport Committee report No. 7/2008 be adopted ie:

    Central Connector - Grafton Bridge Strengthening Tender Acceptance Report (PR/07/492)

    That a contract be entered into with The Fletcher Construction Company Ltd for the strengthening of Grafton Bridge in association with the Central Connector project, to the value of $6,906,260.52 and a contingency sum of $1,000,000 be approved.

    CARRIED

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 07/2008

    Councillor Lotu-Iiga moved

    Councillor Christian seconded:

    That the recommendations contained in the City Development Committee report No. 07/2008 be adopted ie:

    1. Te Wero Bridge Design Consultant Engagement
      That the design contract be let to Hyder Consulting, Denton Corker Marshall and Kenneth Grubb Associates Ltd with the final terms and conditions to be approved by the Chair of the City Development Committee and the Chief executive, provided that the fee is within the budget envelope contemplated, noting that the contract commission is only for preliminary design until it is known whether the subsidy is granted from New Zealand Transport Agency.
    2. Plan Change 123 and Variation 123A - Mt Eden Centre Plan - Approval to Incorporate into the District Plan (Isthmus)
      1. That Plan Change 123 and Variation 123A - Mt Eden Centre Plan is incorporated into the Auckland City District Plan: Isthmus Section 1999.
      2. That the Manager - Inner Isthmus be authorised to publicly notify the date on which Plan Change 123 and Variation 123A - Mt Eden Centre Plan will become operative.

    Councillor Lotu-Iiga moved the following amendment to resolution i.:

    Councillor Millar seconded:

    1. Te Wero Bridge Design Consultant Engagement
      1. That the recommendation of the City Development Committee be deferred to enable a peer review of the transport, urban design and amenity requirements and navigation standards for the project and hence any implications for the bridge's design, size, bulk, location and function, with a progress report presented to the October City Development Committee meeting.
      2. That the heritage option presented by Mr McKeown at the 25 September council meeting be considered by officers and included in the final report.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the City Development Committee report No. 07/2008 as amended be adopted ie:

    1. Te Wero Bridge Design Consultant Engagement
      1. That the recommendation of the City Development Committee be deferred to enable a peer review of the transport, urban design and amenity requirements and navigation standards for the project and hence any implications for the bridge's design, size, bulk, location and function, with a progress report presented to the October City Development Committee meeting.
      2. That the heritage option presented by Mr McKeown at the 25 September  2008 council meeting be considered by officers and included in the final report.
    2. Plan Change 123 and Variation 123A - Mt Eden Centre Plan - Approval to Incorporate into the District Plan (Isthmus)
      1. That Plan Change 123 and Variation 123A - Mt Eden Centre Plan is incorporated into the Auckland City District Plan: Isthmus Section 1999.
      2. That the Manager - Inner Isthmus be authorised to publicly notify the date on which Plan Change 123 and Variation 123A - Mt Eden Centre Plan will become operative.

    CARRIED

  9. Top APPEALS SUB-COMMITTEE REPORT NO. 01/2008

    Councillor Lotu-Iiga moved

    Councillor Millar seconded:

    That the recommendations contained in the Appeals Sub-committee report No. 01/2008 be adopted ie:

    Plan Change 142 - Panmure Structure Plan and Local View Protection

    1. That Plan Change 142 - Panmure Structure Plan and Local View Protection be incorporated into the Auckland City District Plan: Isthmus Section 1999 as per appendix 1 of the agenda report.
    2. That the Manager, Citywide Strategy be authorised to notify the date on which Plan Change 142 will become operative.

    CARRIED

  10. Top AUDIT AND RISK COMMITTEE REPORT NO. 01/2008

    Councillor Northey moved

    Deputy Mayor David Hay seconded:

    That the recommendations contained in the Audit and Risk Committee report No. 01/2008 be adopted ie:

    Annual Report 2007/2008

    That the resolutions of the Audit and Risk Committee meeting held on 16 September 2008 be received.

    CARRIED

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

    Councillor Armstrong moved

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report No. 8/2008 be adopted ie:

    1. Annual Report 2007/2008
      That the council adopts the Annual Report 2007/2008.
    2. Establishment of Holding Company
      1. That the initial establishment of a holding company, on the basis that no assets or activities are to be transferred to the holding company at this stage be approved;
      2. That officers assess relevant assets and activities on a case-by-case basis and report back to council with recommendations about transferring (or not transferring) each asset or activity to a holding company.

    Councillor Armstrong moved the following amendments to resolutions i. and ii.:

    Deputy Mayor David Hay seconded:

    1. Annual Report 2007/2008
      1. That the council adopts the Annual Report 2007/2008.
      2. That the Chairperson of the Finance and Strategy Committee together with the General Manager Finance be authorised to make any changes to the annual report as drafted to rectify non-material errors or omissions.
      3. That the annual reports of Downtown Marina Limited, Westhaven (Existing Marina) Trust, Westhaven (Marina Extension) Trust and Westhaven Marina Limited for the year ended 30 June 2008 be adopted.
      4. That the 2007/2008 operating surplus favourable variance of $11 million be used to fund operating expenditure in future years, particularly one-off items, noting this may result in council budgeting for an operating deficit in those years.
      5. That the following bullet point be added to the contingent liability note 33 on page 241 of the Annual Report 2007/2008 as follows:
        • "The decision of the Dominion Nominee case requires council to refund certain development contributions. It is estimated the liability may be $4 million. Due to the timing of the decision and the possibility of a council appeal no provision has been made in the accounts for any refund."
    2. Establishment of Holding Company
      1. That it be noted that owning and managing key council assets and activities with commercial objectives (such as Westhaven Marina and Council's Auckland International Airport shares) through a holding company is consistent with best practice and has the potential to provide many governance and other benefits for ratepayers, while also providing council with a greater variety of borrowing/funding options.
      2. That it be noted that if an asset or activity is transferred to the Holding Company, the Local Government Act and Council's own Significance Policy, require formal consultation with the public.
        1. That the initial establishment of a holding company for the purpose of providing governance over council assets and activities with commercial objectives be approved on the basis that no assets or activities are to be transferred to the holding company on establishment.
        2. That officers assess relevant assets and activities with commercial objectives on a case-by-case basis and report back to Council on the benefits or otherwise to ratepayers of transferring them to a holding company. This will enable council to make a decision in principle. If council considers there is merit in transferring the activity or asset to the holding company public consultation will be undertaken which will enable a final decision to be made.

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

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

    Ken Baguley

    Aaron Bhatnagar

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor

    Councillors: Leila Boyle

    Cathy Casey

    Bill Christian

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche


    Councillor Mark Donnelly was absent.

    The amendment was declared CARRIED by 12 votes to 7.

    The amendment became the substantive motion.

    Councillor Casey moved the following amendment to the amended motion:

    Councillor Roche seconded:

    1. Annual Report 2007/2008
      1. That the council adopts the Annual Report 2007/2008 with the comment in the last paragraph of the message from the Mayor (page 9) changed from "grasping the nettle" to "grasping the mettle".

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

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

    Cathy Casey

    Denise Roche

    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Graeme Easte

    Glenda Fryer

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Richard Northey

    Noelene Raffills

    His Worship the Mayor


    Councillor Mark Donnelly was absent.

    The amendment was declared LOST by 16 votes to 3.

    Councillor Northey moved the following amendment to the amended motion:

    Councillor Boyle seconded:

    1. Establishment of Holding Company
      1. That officers investigate the establishment of a holding company, which would be appropriate to hold only the Council's shareholding in the Auckland International Airport Ltd.
      2. That Council rejects the transfer of the following assets (proposed in the report titled "Establishment of A Holding Company" dated 10 September 2008) to any holding company:
        • Treasury function (funds management)
        • Civic building(s)
        • Any future convention centre
        • Property and property development
        • Swimming pools
        • Libraries
        • Marinas
        • The Edge
        • Current and future council owned theatre assets
        • Hauraki Gulf Island wharves and airfields
        • Auckland Zoo
        • Auckland Art Gallery
        • City Parks.

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

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

    Cathy Casey

    Bill Christian

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche

    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Mark Donnelly was absent.

    The amendment was declared LOST by 12 votes to 7.

    Councillor Easte moved the following amendment:

    Councillor Fryer seconded:

      1. That the public be consulted on the proposal to establish a holding company for the purpose of providing governance over council assets and activities with commercial objectives, on the basis that no assets or activities are to be transferred to the holding company on establishment on progressing this proposal.
      2. Delete (ii)

    The Chairman ruled Councillor Easte's amendment out of order.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Finance and Strategy Committee report No. 8/2008 as amended be adopted ie:

    1. Annual Report 2007/2008
      1. That the council adopts the Annual Report 2007/2008.
      2. That the Chairperson of the Finance and Strategy Committee together with the General Manager Finance be authorised to make any changes to the annual report as drafted to rectify non-material errors or omissions.
      3. That the annual reports of Downtown Marina Limited, Westhaven (Existing Marina) Trust, Westhaven (Marina Extension) Trust and Westhaven Marina Limited for the year ended 30 June 2008 be adopted.
      4. That the 2007/2008 operating surplus favourable variance of $11 million be used to fund operating expenditure in future years, particularly one-off items, noting this may result in council budgeting for an operating deficit in those years.
      5. That the following bullet point be added to the contingent liability note 33 on page 241 of the Annual Report 2007/2008 as follows:
        • "The decision of the Dominion Nominee case requires council to refund certain development contributions. It is estimated the liability may be $4 million. Due to the timing of the decision and the possibility of a council appeal no provision has been made in the accounts for any refund."
    2. Establishment of Holding Company
      1. That it be noted that owning and managing key council assets and activities with commercial objectives (such as Westhaven Marina and Council's Auckland International Airport shares) through a holding company is consistent with best practice and has the potential to provide many governance and other benefits for ratepayers, while also providing council with a greater variety of borrowing/funding options.
      2. That it be noted that if an asset or activity is transferred to the Holding Company, the Local Government Act and Council's own Significance Policy, require formal consultation with the public.
        1. That the initial establishment of a holding company for the purpose of providing governance over council assets and activities with commercial objectives be approved on the basis that no assets or activities are to be transferred to the holding company on establishment.
        2. That officers assess relevant assets and activities with commercial objectives on a case-by-case basis and report back to Council on the benefits or otherwise to ratepayers of transferring them to a holding company. This will enable council to make a decision in principle. If council considers there is merit in transferring the activity or asset to the holding company public consultation will be undertaken which will enable a final decision to be made.

    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

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor

    Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche


    Councillor Mark Donnelly was absent.

    The motion was declared CARRIED by 13 votes to 6.

  12. Top CHIEF EXECUTIVE'S REPORT

    His Worship the Mayor moved

    Councillor Bhatnagar seconded:

    That the council notes the significant matters highlighted within the Chief executive's monthly report dated 18 September 2008.

    CARRIED

  13. Top APPOINTMENTS TO COMMITTEES AND REVIEW OF ALLOCATIONS

    Councillor Casey tabled an example of a document supporting her comments about councillors posting blogs to websites during meetings.

    [ATTACHMENT 13.A]

    Deputy Mayor David Hay moved

    Councillor Raffills seconded:

    1. That Councillor Bhatnagar be appointed as a member and Chair of the City Development Committee and the Appeals Subcommittee effective on resolution of Council.
    2. That Councillor Lotu-Iiga be appointed as deputy chair of the Finance and Strategy Committee, effective midnight on resolution of Council, and that he be removed from membership of the City Development Committee and Appeals Subcommittee.
    3. That the remuneration working party convene in October and give consideration to:
      1. an increase in the honorarium of the deputy chair of the City Development Committee to $69,500
      2. review of the guidelines for payments to the Hauraki Gulf Island District Plan panel members and Future Planning Framework working group to more adequately reimburse them for the work performed
      3. part allocation of the remaining $95,000 to councillors honorarium that has arisen from the more effective committee structure
      4. review of the expense policy so that reimbursement is on a more equitable basis
      5. review the structure and membership of committees.

    Councillor Northey moved the following amendment:

    Councillor Boyle seconded:

    1. That Councillor Mulholland be appointed as Chair of the City Development Committee and the Appeals Subcommittee and Councillor Bhatnagar be appointed as Deputy Chair of the City Development Committee and Councillor Fryer be appointed as a member of the Appeals Subcommittee effective midnight on resolution of Council.

    LOST

    Councillor Casey moved the following amendment:

    Councillor Fryer seconded:

    1. That Councillor Northey be appointed as deputy chair of the Finance and Strategy Committee, effective midnight on resolution of Council, and that Councillor Lotu-Iiga be removed from membership of the City Development Committee and Appeals Subcommittee.

    LOST

    Councillor Roche moved the following amendment:

    Councillor Easte seconded:

    1. That the remuneration working party convene in October and give consideration to:
      1. part allocation of the remaining $95,000 to councillors' and community board members' honoraria honorarium that has arisen from the more effective committee structure including consideration to proposed Options 1-5.
    Option four:  allocating the $5,000 as a flat increase with the same pay for the Deputy Chairs, a Major Chair for a Planning and Regulatory Committee and a 5 % increase for Community Board Members
    2008/09 Remuneration Rates Honorarium pa Relativity # Cost to Council % increase Previous  
    Mayor $165,284   1 $165,284      
    Deputy Mayor $91,803 1.78 1 $91,803 5.4% $86,803 $86,803
    Major Chair $80,214 1.56 5 $401,070 6.2% $75,214 $376,070
    Minor Chair $62,478 1.21 2 $124,956 8.0% $57,478 $114,956
    Deputy chair $57,478 1.12 4 $229,912 0.0% $57,478 $229,912
    Chair Planning and Regulatory $80,214 1.56 1 $80,214 13.4% $69,500 $69,500
    Councillor $51,529 1.00 6 $309,174 9.7% $46,529 $279,174

     

          $1,402,413      
    Community Board Chair $21,000 0.41 10 $210,000 5% 20,000 200,000
    Community Board member $10,500 0.20 42 $441,000 5% 10,000 420,000

     

          $2,053,413      
    less amount paid outside the pool       ($325,500)      

    (half Community Board total pay)

                 
    Total distributed directly for 2008/09       $1,727,913      
    Total pool for 2008/2009       $1,751,713      
    Un allocated funds available for 2008/09       $23,800      
    Plus carry forward       $35,792        
    Proposed meeting pool for 2008/2009       $59,592        

     

    Option five: Flat increase of $5,800 for all Councillors, 1 more Major Chair instead of one Deputy Chair, Deputy Chair paid same as Councillor, Community Board's increase 7%
    2008/09 Remuneration Rates Honorarium pa Relativity # Cost to Council % increase Previous  
    Mayor $165,284   1 $165,284      
    Deputy Mayor $92,603 1.77 1 $92,603 6.3% $86,803 $86,803
    Major Chair $81,014 1.55 5 $405,070 7.2% $75,214 $376,070
    Minor Chair $63,278 1.21 2 $126,556 9.2% $57,478 $114,956
    Deputy chair $52,329 1.00 4 $209,316 -9.8% $57,478 $229,912
    Chair Planning and Regulatory $81,014 1.55 1 $81,014 14.2% $69,500 $69,500
    Councillor $52,329 1.00 6 $313,974 11.1% $46,529 $279,174

     

          $1,393,817      
    Community Board Chair $21,400 0.41 10 $214,000 7% $20,000 $200,000
    Community Board member $10,700 0.20 42 $449,400 7% $10,000 $420,000

     

          $2,057,217      
    less amount paid outside the pool       ($331,700)      

    (half Community Board total pay)

                 
    Total distributed directly for 2008/09       $1,725,517      
    Total pool for 2008/2009       $1,751,713      
    Un allocated funds available for 2008/09       $26,196      
    Plus carry forward       $35,792      
    Meeting pool       $61,988      

     

    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

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Mark Donnelly was absent.

    The amendment was declared LOST by 13 votes to 6.

    His Worship the Mayor put the following substantive motion:

    1. That Councillor Bhatnagar be appointed as a member and Chair of the City Development Committee and the Appeals Subcommittee effective on resolution of Council.
    2. That Councillor Lotu-Iiga be appointed as deputy chair of the Finance and Strategy Committee, effective midnight on resolution of Council, and that he be removed from membership of the City Development Committee and Appeals Subcommittee.
    3. That the remuneration working party convene in October and give consideration to:
      1. an increase in the honorarium of the deputy chair of the City Development Committee to $69,500
      2. review of the guidelines for payments to the Hauraki Gulf Island District Plan panel members and Future Planning Framework working group to more adequately reimburse them for the work performed
      3. part allocation of the remaining $95,000 to councillors honorarium that has arisen from the more effective committee structure
      4. review of the expense policy so that reimbursement is on a more equitable basis
      5. review the structure and membership of committees.

    CARRIED

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

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

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

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

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

    Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Particular interest(s) protected (where applicable) Ground(s) under section 48(1) for the passing of this resolution
    C1 Audit & Risk Committee Report No. C01/2008 - Review of External appointment to Audit and Risk Committee Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(a)

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

    In particular, the report contains specific personal information about the proposed external appointee.

    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 City Development Committee Report No. C3/2008 - Te Wero Bridge Design Consultant Engagement Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(b)(ii)

    The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

    Section 7(2)(i)

    The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the report contains commercially sensitive information i.e. prices that were submitted by the consultant in confidence and potential negotiation strategy implemented by council with the consultant. Such negotiations as yet are incomplete, therefore making available the information could unreasonably prejudice the commercial position of the consultant and/or council.

    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 & Recreation Committee Report No. C7/2008 - Station Square Access 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)

    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.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 9:10pm.

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