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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL HELD IN THE

COUNCIL CHAMBER, GROUND FLOOR, AUCKLAND TOWN HALL

ON THURSDAY, 11 DECEMBER 2008 AT 6:01PM

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  
    Toni Millar, JP  
    Greg Moyle, E.D. [until 6:58pm item 10]
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved

    Councillor Millar seconded:

    That the apologies from Councillor Lotu-Iiga for non-attendance and Councillor Moyle for early departure be accepted.

    CARRIED

  2. Top MINUTES

    His Worship the Mayor moved

    Councillor Moyle seconded:

    That the minutes of the ordinary meeting of council held on Thursday, 27 November 2008 be confirmed as a true and correct record, with an amendment to Item 14 as follows:

    14. HEARINGS PANEL REPORT NO. 10/2008

    That the recommendations contained in Hearings Panel report no. 10/2008 be adopted, i.e.:

    Recommendations of the Hearings Panel to Amend the Auckland City Council Signs Bylaw 2008

    1. That following the special consultation procedure undertaken by council the existing Auckland City Council Signs Bylaw 2007 amended as outlined in appendix 2 of the Hearings Panel report dated 8 October 2008.
    2. That an explanatory note be inserted at the end of clause 27B.1.2 of the Billboards Bylaw 2007 as outlined in appendix 3 of the Hearings Panel report dated 8 October 2008.
    3. That the amendments to the Auckland City Council Signs Bylaw 2007 as outlined in Appendix 2 of the Hearings Panel report dated 8 October 2008 should come into force on 22 December 2008.

    CARRIED

  3. Top LEAVE OF ABSENCE

    There were no applications for leave of absence.

  4. Top PETITIONS

    The Deputy Mayor presented two petitions, copies of which are attached.

    [ATTACHMENT 4]

    Deputy Mayor David Hay moved

    Councillor Lister seconded:

    1. That the petition be received from the Roskill South Community Alcohol Action Group with 69 signatures registering opposition to the McKinnon Street liquor licence application.
    2. That the petition with 781 signatures containing the following prayer from Mr David Fo’ou be received:

      "Please find attached a petition to the Auckland City Council for an alcohol ban for the maximum possible hours to cover Molly Green Park, Keith Hay Park and the roadway, footpath and shopping centre in between, that I personally collected."

    CARRIED

  5. Top DEPUTATIONS

    There were no requests for deputations.

  6. Top EXTRAORDINARY BUSINESS

    Secretarial note: The notice of motion regarding cellphone towers and associated cabinets from Councillor Bhatnagar was circulated as part of an addendum agenda. This item was be dealt with as an extraordinary item as it was received within the statutory two working day timeframe for information to be distributed to council members. (Please refer to the Addendum Agenda attachment for item 14.)

    Councillor Mulholland declared a conflict of interest and neither spoke nor voted on item 6.

    Councillor Bhatnagar moved

    Councillor Easte seconded:

    That an extraordinary item of business be considered as item 14 regarding cellphone towers and associated cabinets notice of motion. Central government is in the process of reconsidering changes to legislation as part of the "100 day plan" and proposing changes to the National Environmental Standard for Cellphone Towers and Cabinetry.  Council was not aware of the requirement to give input until after the Council agenda had been distributed. The reason for this matter being considered as an extraordinary business item is that Council will not meet again until late February 2009 and there is a limited timeframe for providing Council's input to central government.

    CARRIED

  7. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 10/2008

    Councillor Bhatnagar moved

    Councillor Christian seconded:

    That the recommendations contained in the City Development Committee report no. 10/2008 be adopted, i.e.:

    Plan Change 225 - 32 Balfour Road, Parnell - Approval to Incorporate into the District Plan (Isthmus)

    1. That private plan change 225 - 32 Balfour Road, Parnell which rezones land from Residential 7b to Business 4 be 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 private plan change 225 - 32 Balfour Road, Parnell will become operative.
    3. That the fair and reasonable costs associated with private plan change 225 - 32 Balfour Road, Parnell be recovered from the applicant - Balfour Projects Limited.

    CARRIED

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

    Councillor Armstrong moved

    Councillor Bhatnagar seconded:

    That the recommendations contained in the Finance and Strategy Committee report no. 11/2008 be adopted, i.e.:

    1. Exemption of Organisations from Council Controlled Organisation Status

      That Council approves that the following five organisations in which Auckland City Council has an interest be exempted from council-controlled organisation status under section 7 of the Local Government Act 2002 (on the grounds that the benefits of applying the required level of monitoring to the trusts would be outweighed by the costs, and that current reporting arrangements are appropriate):

      1. Auckland Zoological Park Charitable Trust
      2. Downtown Marinas Ltd
      3. Westhaven Marinas Ltd
      4. Westhaven (Existing Marina) Trust
      5. Westhaven (Marina Extension) Trust.

    2. Exemption for the Subsidiary Organisations of the Auckland Regional Transport Network Limited Group from Council-Controlled Organisations Status

      That Council approves that the following three organisations in which Auckland City Council has an interest, [and are subsidiaries of the Auckland Regional Transport Network Limited (ARTNL) Group], be exempted from council-controlled organisation status, under section 7 of the Local Government Act 2002 (on the grounds that the benefits of applying the required level of monitoring to the organisations would be outweighed by the costs, and that current reporting arrangements are appropriate):

      1. ARTNL Harbour Berths Limited
      2. ARTNL Metro Limited
      3. ARTNL Britomart Limited.

    CARRIED

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 12/2008

    Councillor Armstrong moved

    Councillor Hay seconded:

    That the recommendations contained in the Finance and Strategy Committee report no. 12/2008 be adopted i.e.:

    1. Delegations Register
      1. That Council revokes all existing delegations (other than any that relate solely to a specific ongoing project).
      2. That the delegations register be amended to reflect the consolidation of the community board local and event funds into the community board discretionary fund. [Delegations Register, row #499]
      3. That Council approves the Delegations Principles and Policies set out at Appendix 1 of the Delegations Register report dated 3 December 2008 by the Corporate Counsel, Governance and Democracy, subject to the following amendment;

        CBD Projects

        CD19

        Duty to have oversight of the CBD and waterfront policy direction and projects.

        City Development Committee
      4. That Council approves the Governance Register set out at Appendix 2, by delegating the identified powers, duties and functions to the entities and positions listed in the column headed "Delegate", subject to the following:
        1. That appropriate reference and delegations be provided for the Ngati Whatua o Orakei Reserves Board
        2. [Delegations Register, row #248]  - Add "This power shall only be exercised in meetings for which all councillors have been deemed to be members of Finance & Strategy Committee".
      5. That it be noted that the budgeted expenditure financial delegations contained in the Governance Register are as follows:

        Delegate

        Financial Delegation

        Chief Executive

        Up to $4m

        Committee Chair with the Chief Executive

        Up to $7.5m

        Committee

        Up to $10m

        Council

        $10m and over
      6. That it be noted that the financial delegations for writing off debts contained in the Governance Register are as follows:

        Delegate

        Financial Delegation

        Chief Executive

        Up to $80,000

        Committee Chair with the Chief Executive

        Up to $200,000

        Finance and Strategy Committee

        Up to $400,000

        Council

        $400,000 and over
      7. That it be noted that the Chief Executive will report to the Finance and Strategy Committee all transactions over $1 million. [pg 130, #31]
    2. Homeless Report

      Secretarial note: The Finance and Strategy Committee at its meeting held on 10 December 2008 did not resolve to send this report to Council. As a consequence the report was withdrawn.

    3. Auckland Regional Transport Network Limited Annual Report And Annual Meeting
      1. That Council receives Auckland Regional Transport Network Limited's (ARTNL) annual report, noting that ARTNL made a net surplus after tax of $225,000.
      2. That Council recommends to Auckland Regional Transport Network Limited's (ARTNL) directors that the 2007/08 annual report be adopted.
      3. That Auckland City to vote in favour of the following resolutions for Auckland Regional Transport Network Limited's (ARTNL) 2008 annual meeting, to be held by way of written resolution in lieu of a physical meeting:
        1. to receive, consider and adopt the financial statements and reports for the year ended 30 June 2008; and
        2. to re-appoint the Controller and Auditor-General as the auditor and authorise the directors to fix the auditors fees.
      4. That Councillor Armstrong, Chair of the Finance and Strategy Committee, be delegated to vote on behalf of Auckland City Council and sign documents required to give effect to the proposed resolutions of Auckland Regional Transport Network Limited's (ARTNL) annual meeting.
      5. That Council notes that the Auckland Regional Transport Network Limited (ARTNL) will continue to manage Britomart, under the Auckland City Council's ownership, until the findings of the Royal Commission provide a direction on transport governance in Auckland City.

    4. Proposed retail bond issue for March 2009

      1. That Council should proceed with a retail bond issue, for an amount of up to $200 million plus oversubscriptions.
      2. That Council delegates authority to approve the final structure and terms of the retail bond issue to the General Manager Finance.
      3. That Council notes that other debt funding options may be used in conjunction with a retail bond issue, should they provide a cost-effective alternative.
      4. That Council appoints two of its members, plus a back-up, to sign the Certificate of Compliance that will accompany the Investment Statement, when the Investment Statement is ready to be released.
      5. That Council notes that officers will be continuously reviewing the efficacy of the use of a retail bond as a funding mechanism for council and will report back if any material events occur that might change officer's views.

      Councillor Armstrong moved the following amendments

      Councillor Bhatnagar seconded:
    1. Delegations Register
      1. That Council approves the Governance Register set out at Appendix 2, by delegating the identified powers, duties and functions to the entities and positions listed in the column headed "Delegate", subject to the following:
        1. That appropriate reference and delegations be provided for the Ngati Whatua o Orakei Reserves Board
        2. [Delegations Register, row #248]  - Add "This power shall only be exercised in meetings for which all councillors have been deemed to be members of Finance & Strategy Committee".
        3. That the following delegation be included after ER28 (row 28):

          Enforcement officers

          ER29

          Power to appoint council officers to act as enforcement officers under any relevant legislation and to issue appropriate warrants in accordance with that legislation.

          Mayor together with Chief Executive

        4. Proposed retail bond issue for March 2009

      2. That Council appoints Councillors Armstrong and Northey with Deputy Mayor David Hay as a back-up, to sign the Certificate of Compliance that will accompany the Investment Statement, when the Investment Statement is ready to be released.

    CARRIED

    Councillor Easte moved the following amendment
    Councillor Roche seconded:

    Councillor Easte tabled documentation detailing the Community Board's views to support his amendment.

    [ATTACHMENT 9i.A]

    1. Delegations Register

    1. (a) That the delegations register be amended to reflect the consolidation of the community board local and event funds into the community board discretionary fund. [Delegations Register, row #499].  Need to check ref no's

      (b) That the restoration of community board delegations removed by the 28 February 2008 Council meeting including those on signs, banners and billboards, trees, planning, urban design and liquor licensing, be approved.

    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
    Greg Moyle
    Graeme Mulholland
    Noelene Raffills
    His Worship the Mayor

    Councillor Peseta Sam Lotu-Iiga was absent.

    The amendment was declared LOST by 12 votes to 7..

    Councillor Fryer moved the following amendment
    CCouncillor Casey seconded:

    1. Delegations Register

      1. That Council approves the Delegations Principles and Policies set out at Appendix 1, subject to the following amendments;

        CBD Projects

        CD19

        Duty to have oversight of the CBD and waterfront policy direction and projects.

        City Development Committee

        That Principle 12 shall be deleted, that is, a Hearings Commissioner can exercise delegations on a matter in their own ward, provided there is no conflict of interest.
      2. That Council approves the Governance Register set out at Appendix 2, by delegating the identified powers, duties and functions to the entities and positions listed in the column headed "Delegate", subject to the following:
        1. That appropriate reference and delegations be provided for the Ngati Whatua o Orakei Reserves Board
        2. [Delegations Register, row #248] - Add "This power shall only be exercised in meetings for which all councillors have been deemed to be members of Finance & Strategy Committee".
        3. That the Events Sub-committee financial delegation be changed from $150,000 become $100,000, that is:
          • [page 127, number 19 & 21] - $150,000 become $100,000
          • [page 178, number 336, 337, 338] - $150,000 become $100,000.

    LOST

    Councillor Northey moved the following amendment
    Councillor Boyle seconded:

    1. Delegations Review
      1. That Council approves the Governance Register set out at Appendix 2, by delegating the identified powers, duties and functions to the entities and positions listed in the column headed "Delegate", subject to the following:
        1. That appropriate reference and delegations be provided for the Ngati Whatua o Orakei Reserves Board.
        2. [Delegations Register, row #248]  - Add "This power shall only be exercised in meetings for which all councillors have been deemed to be members of Finance & Strategy Committee".
        3. That the Art Gallery Board and the Zoo Board be delegated the authority to spend $2 million as with the other committees.
        4. [page 126, number 17] - $7.5 million become $1.5 million.
        5. [page 130, number 31] - $4 million become $1 million.
        6. [page 135, number 54] - $10 million become $2 million.
        7. [page 146, number 133] - $10 million become $2 million.
        8. [page 153, number 180] - $10 million become $2 million.
        9. [page 159, number 219] - $10 million become $2 million.
        10. [page 169, number 286] - $10 million become $2 million.
        11. [page 159, number 216] - $400,000 become $250,000.
        12. Power to consent for a roadside licence to install 3G cellular towers or associated cabinets in residential areas be exercised by the City Development Committee on recommendations from the Property Group Manager instead of delegated to the Property Group Manager.

    LOST

    1. That the power to set speed limits under clause 25.6.3 of the Traffic Bylaw be transferred from the Transport Resolutions Subcommittee to the Transport Committee. This will involve removing row 385 and adding a new row following row 305. The new row will read

    Traffic Bylaw 2006

    25.6.3

    Power to change or impose, review and/or set, rescind, amend or vary a speed limit on any road in the District.

    Transport Committee

    CARRIED

    1. That it be noted that the budgeted expenditure financial delegations contained in the Governance Register are as follows:

      Delegate

      Financial Delegation

      Chief Executive

      Up to $1m

      Committee Chair with the Chief Executive

      Up to $1.5m

      Committee

      Up to $2m

      Council

      $2m and over

      LOST
       

    2. That it be noted that the financial delegations for writing off debts contained in the Governance Register are as follows:

      Delegate

      Financial Delegation

      Chief Executive

      Up to $80,000

      Committee Chair with the Chief Executive

      Up to $150,000

      Finance and Strategy Committee

      Up to $250,000

      Council

      $250,000 and over

    LOST

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Finance and Strategy Committee report no. 12/2008 be adopted, as amended i.e.:

    1. Delegations Register

      1. That Council revokes all existing delegations (other than any that relate solely to a specific ongoing project).
      2. That the Delegations Register be amended to reflect the consolidation of the community board local and event funds into the community board discretionary fund. [Delegations Register, row #499]
      3. That Council approves the Delegations Principles and Policies set out at Appendix 1 of the Delegations Register report dated 3 December 2008 by the Corporate Counsel, Governance and Democracy, subject to the following amendment:

        CBD Projects

        CD19

        Duty to have oversight of the CBD and waterfront policy direction and projects.

        City Development Committee
      4. That Council approves the Governance Register set out at Appendix 2 of the Delegations Register report dated 3 December 2008 by the Corporate Counsel, Governance and Democracy, by delegating the identified powers, duties and functions to the entities and positions listed in the column headed "Delegate", subject to the following:
        1. That appropriate reference and delegations be provided for the Ngati Whatua o Orakei Reserves Board
        2. [Delegations Register, row #248] - Add "This power shall only be exercised in meetings for which all councillors have been deemed to be members of Finance & Strategy Committee".
        3. That the following delegation be included after Delegations Register ER28 [row 28]:

          Enforcement officers

          ER29

          Power to appoint council officers to act as enforcement officers under any relevant legislation and to issue appropriate warrants in accordance with that legislation.

          Mayor together with Chief Executive

        4. That the power to set speed limits under clause 25.6.3 of the Traffic Bylaw be transferred from the Transport Resolutions Subcommittee to the Transport Committee, which involves removing Delegations Register row 385 and adding a new row following row 305, to read as follows:

          Traffic Bylaw 2006

          25.6.3

          Power to change or impose, review and/or set, rescind, amend or vary a speed limit on any road in the District.

          Transport Committee
      5. That it be noted that the budgeted expenditure financial delegations contained in the Governance Register are as follows:

        Delegate

        Financial Delegation

        Chief Executive

        Up to $4m

        Committee Chair with the Chief Executive

        Up to $7.5m

        Committee

        Up to $10m

        Council

        $10m and over
      6. That it be noted that the financial delegations for writing off debts contained in the Governance Register are as follows:

        Delegate

        Financial Delegation

        Chief Executive

        Up to $80,000

        Committee Chair with the Chief Executive

        Up to $200,000

        Finance and Strategy Committee

        Up to $400,000

        Council

        $400,000 and over
      7. That it be noted that the Chief Executive will report to the Finance and Strategy Committee all transactions over $1 million. [Delegations Register, row #31].

    2. Homeless Report

      Secretarial note: The Finance and Strategy Committee at its meeting held on 10 December 2008 did not resolve to send this report to Council. As a consequence the report was withdrawn.

    3. Auckland Regional Transport Network Limited Annual Report And Annual Meeting

      1. That Council receives Auckland Regional Transport Network Limited's (ARTNL) annual report, noting that ARTNL made a net surplus after tax of $225,000.
      2. That Council recommends to Auckland Regional Transport Network Limited's (ARTNL) directors that the 2007/08 annual report be adopted.
      3. That Auckland City to vote in favour of the following resolutions for Auckland Regional Transport Network Limited's (ARTNL) 2008 annual meeting, to be held by way of written resolution in lieu of a physical meeting:

        1. to receive, consider and adopt the financial statements and reports for the year ended 30 June 2008; and

        2. to re-appoint the Controller and Auditor-General as the auditor and authorise the directors to fix the auditors fees.

      4. That Councillor Armstrong, Chair of the Finance and Strategy Committee, be delegated to vote on behalf of Auckland City Council and sign documents required to give effect to the proposed resolutions of Auckland Regional Transport Network Limited's (ARTNL) annual meeting.
      5. That Council notes that the Auckland Regional Transport Network Limited (ARTNL) will continue to manage Britomart, under the Auckland City Council's ownership, until the findings of the Royal Commission provide a direction on transport governance in Auckland City.

    4. Proposed retail bond issue for March 2009

      1. That Council should proceed with a retail bond issue, for an amount of up to $200 million plus oversubscriptions.
      2. That Council delegates authority to approve the final structure and terms of the retail bond issue to the General Manager Finance.
      3. That Council notes that other debt funding options may be used in conjunction with a retail bond issue, should they provide a cost-effective alternative.
      4. That Council appoints Councillors Armstrong and Northey with Deputy Mayor David Hay as a back-up, to sign the Certificate of Compliance that will accompany the Investment Statement, when the Investment Statement is ready to be released.
      5. That Council notes that officers will be continuously reviewing the efficacy of the use of a retail bond as a funding mechanism for council and will report back if any material events occur that might change officer's views.

    CARRIED

  10. Top REMUNERATION WORKING PARTY REPORT NO. 02/2008

    Deputy Mayor David Hay moved

    Councillor Armstrong seconded:

    That the recommendations contained in the Remuneration Working Party report no. 02/2008 be adopted i.e.:

    Review of Structure and Membership of Committees

    1. That the committee structure established in November 2007 be endorsed.
    2. That, subject to the addition of Councillor Boyle to the City Development Committee, the current membership of committees be endorsed.
    3. That it be acknowledged that there is a fair allocation of councillors to committees.
    4. That Councillor Mulholland be appointed as Chairperson of the Zoo Board in place of Councillor Christian and that Councillor Christian be thanked for his services as Chairperson of the Zoo Board and that the matter be reconsidered in 9 months after Central Government has responded to the Royal Commission on Auckland Governance and the future of the Zoo is more certain in regard to the Auckland Regional Amenities Funding Act 2008.
    5. That Councillor Bhatnagar replace Councillor Lotu-Iiga on the Central Business District (CBD) Board.

    Deputy Mayor David Hay moved the following amendment

    Councillor Goldsmith seconded:

    1. That Council's appointments to outside organisations (resolved at 22 November 2007 Council meeting) be amended in relation to the Auckland Civil Defence Emergency Management Group by replacing Councillor Armstrong with Councillor Lister and reconfirming Councillor Northey as the alternate.

    CARRIED

    Councillor Casey moved the following amendment
    Councillor Fryer seconded:

    C. That it be acknowledged that there is a fair allocation of councillors to committees but that the councillor for the Hauraki Gulf Islands be a member of all committees on matters specific to the Hauraki Gulf Islands ward.

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

    For the Amendment:

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

    Councillors Peseta Sam Lotu-Iiga and Greg Moyle were absent.

    The amendment was declared LOST by 10 votes to 8.

    Councillor Roche moved the following amendment
    Councillor Easte seconded:

    D. That Councillor Boyle be appointed as Chairperson of the Zoo Board in place of Councillor Christian and that Councillor Christian be thanked for his services as Chairperson of the Zoo Board and that the matter be reconsidered in 9 months after Central Government has responded to the Royal Commission on Auckland Governance and the future of the Zoo is more certain in regard to the Auckland Regional Amenities Funding Act 2008.

    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

    Councillors Peseta Sam Lotu-Iiga and Greg Moyle were absent.

    The amendment was declared LOST by 11 votes to 7.

    Councillor Northey moved the following amendment
    Councillor Boyle seconded:
    1. That the committee structure established in November 2007 be endorsed with the following amendments:
      1. That the City Development Committee be split into two major committees with the following responsibilities:
        1. a) Planning and Regulatory Committee
          • Urban Growth
          • Character and Heritage
          • Urban Design
          • District Plans and Bylaws
        2. b) City Development Committee
          • Sustainability
          • Economic Development
          • Infrastructure
          • Central Area / Waterfront
          • International Relations

          and that (if this is carried) the membership of these two committees be as follows:

    Committee Structure and Membership November 2008 to October 2010

    Standing Committees

    Chairman

    Deputy Chair

    Member

    Member

    Member

    Member

    Member

    Member

    City Development

    Millar

    Bhatnagar

    Armstrong

    Mulholland

    Baguley

    Boyle

    Easte

    Roche

    Planning & Regulatory

    Mulholland

    Bhatnagar

    Raffills

    Goldsmith

    Donnelly

    Christian

    Fryer

    Boyle
    1. That, subject to the addition of Councillor Boyle to the City Development Committee, the current membership of committees be endorsed with the following additions:
      • That Councillor Northey be added to Arts, Culture & Recreation Committee.
      • That Councillor Fryer be added to Transport Committee.
      • That Councillor Easte be added to Finance & Strategy Committee.
      • That Councillor Casey be added to Community Services Committee.
      • That Councillor Fryer be added to Performance Monitoring Committee.
      • That Councillor Easte be added to Regional Governance Committee.
      • That Councillor Northey be added to the City Events Sub-committee
    2. That Councillor Bhatnagar and Councillor Easte replace Councillor Lotu-Iiga on the CBD Board.
    3. That Council's appointments to outside organisations (resolved at 22 November 2007 Council meeting) be amended in relation to the Auckland Civil Defence Emergency Management Group by replacing Councillor Armstrong with Councillor Northey and appointing Councillor Lister as the alternate.

    LOST

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Remuneration Working Party report no. 02/2008 be adopted, as amended i.e.:

    Review of Structure and Membership of Committees

    1. That the committee structure established in November 2007 be endorsed.
    2. That, subject to the addition of Councillor Boyle to the City Development Committee, the current membership of committees be endorsed.
    3. That it be acknowledged that there is a fair allocation of councillors to committees.
    4. That Councillor Mulholland be appointed as Chairperson of the Zoo Board in place of Councillor Christian and that Councillor Christian be thanked for his services as Chairperson of the Zoo Board and that the matter be reconsidered in 9 months after Central Government has responded to the Royal Commission on Auckland Governance and the future of the Zoo is more certain in regard to the Auckland Regional Amenities Funding Act 2008.
    5. That Councillor Bhatnagar replace Councillor Lotu-Iiga on the Central Business District (CBD) Board.
    6. That Council's appointments to outside organisations (resolved at 22 November 2007 Council meeting) be amended in relation to the Auckland Civil Defence Emergency Management Group by replacing Councillor Armstrong with Councillor Lister and reconfirming Councillor Northey as the alternate.

    CARRIED

  11. Top TRANSPORT COMMITTEE REPORT NO. 10/2008

    Councillor Baguley moved

    Councillor Christian seconded:

    That the recommendations contained in the Transport Committee report no. 10/2008 be adopted i.e.:

    Supplier Recommendation Report for Liveable Street Pilot Project

    1. That council approves a contract with Arrow Civil Engineers Limited in the sum of $1,064,618.65 (excluding GST), for contract PW/08/596, Liveable Streets Pilot Project.
    2. That council notes that a contingency amount of 10% ($96,783.51) is included in the above amount.

    CARRIED

  12. Top CHIEF EXECUTIVE'S NOVEMBER 2008 REPORT

    His Worship the Mayor moved

    Deputy Mayor David Hay seconded:

    That the council notes the significant matters highlighted within the Chief executive's monthly report dated 4 December 2008.

    CARRIED

    His Worship the Mayor moved

    Deputy Mayor David Hay seconded:

    That Item 14 be taken at this point.

    CARRIED

  13. 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.

    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

    Council Funding of 2018 Commonwealth Games Feasibility Research

    Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.

    Section 7(2)(i)

    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 contractual negotiations between the provider of the Advance Support Programme (Event Knowledge Services) and the New Zealand Olympic Committee are still ongoing and disclosure of council's degree of commitment could unduly influence the negotiation process. Once negotiations have concluded, this report will be moved to an open agenda.

    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

  14. Top NOTICE OF MOTION - CELLPHONE TOWERS AND ASSOCIATED CABINETS

    Councillor Mulholland declared a conflict of interest and neither spoke nor voted on item 14.

    Councillor Bhatnagar moved

    Councillor Christian seconded:

    1. That concerns raised by various communities within the city about the impact from cellphone towers and cellphone cabinets in residential areas be noted.
    2. That it be noted that the previous government introduced a national environmental standard relating to telecommunications equipment, which had the effect of over-riding the council's bylaw and district plan controls.
    3. That it be noted that the Ministry for the Environment report on the proposed national environmental standard recognised that the standard could result in a drop in property value, the amount depending on the particular circumstances.
    4. That the government be requested to reconsider aspects of this national environmental standard to require:
      1. the undergrounding of cabinetry and other associated facilities, or the incorporation of these facilities within existing buildings
      2. that any antennae be designed to minimise visual impact and to blend in with street furniture or be sensitively located on existing buildings
      3. that realistic measures be put in place to encourage co-location of facilities to minimise visual impact
      4. where issues in (i) and (ii) above cannot be addressed, that residents be consulted over the location of infrastructure
      5. Local Authorities be able to apply standards for the level of microwave radiation that are more conservative than those in the national environment standard down to a lower level that would accommodate the previous Auckland City Council and other local authorities' previous requirements for road reserves.
    5. That the telecommunication companies be requested to demonstrate best practice by:
      1. undergrounding cabinetry or incorporating it within existing buildings, and
      2. designing antennae so as to minimise the visual impact and to blend in with street furniture or be sensitively located on existing buildings.
      3. informing and consulting those potentially affected by an antennae before it can be approved.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 7:40pm.