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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 26 FEBRUARY 2009 AT 6:00PM
IN THE COUNCIL CHAMBERS, GROUND FLOOR,
AUCKLAND TOWN HALL

PRESENT: His Worship the Mayor, Hon John Banks, QSO  
  Deputy Mayor David Hay, JP [until 6:58pm item 11]
  Councillors: Douglas Armstrong, QSO [until 6:03pm item 5.1; from 6:10pm item 5.2]
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle  
    Dr Cathy Casey  
    Bill Christian, JP  
    Mark Donnelly  
    Graeme Easte [until 6:58pm item 11; from 7:02pm item 11]
    Glenda Fryer [until 6:14pm item 5.2; from 6:20pm item 5.2; until 7:32pm item C1]
    Paul Goldsmith  
    John Lister, OBE  
    Peseta Sam Lotu-Iiga  
    Toni Millar, JP  
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved:

    Councillor Goldsmith seconded:

    That the apologies of Councillor Greg Moyle for non-attendance and Deputy Mayor David Hay for early departure 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, 11 December 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. MS PENNY BRIGHT - UPDATING COUNCIL ON VARIOUS MATTERS

    Ms Bright addressed council on various matters she has been involved in, namely:

    1. request from senior Ministry of Justice officials for a 'business plan' to support the proposal for a New Zealand 'Independent Commission Against Corruption'
    2. a reminder of Auckland City Council's statutory duties under the Public Records Act 2005
    3. development with Court cases involving and pertaining to Auckland City Council
    4. developments with councils all over New Zealand and the Local Government and Select Committee regarding petition 2008/002
    5. Auditor-General's comments on Auckland City Council / Metrowater.

    Ms Bright tabled a letter dated 26 February 2009 making an official information request relating to the authorisation for seeking an order for $800 security costs against herself.

    [ATTACHMENT 5.1]

    Councillor Fryer moved:

    Councillor Northey seconded:

    That Ms Penny Bright's presentation to council be received.

    CARRIED

    5.2. MS LISA PRAGER

    Ms Prager addressed the meeting with regard to the council's and executive officers' statutory duties and responsibilities under the Public Records Act 2005, section 17 to create and maintain records,"...including the records of any matter that is contracted out to an independent contractor". She also spoke in support of the points brought up by Ms Penny Bright and discussed public concerns regarding the future governance of the greater Auckland region.

    Ms Prager tabled a letter dated 26 February 2009 making an official information request relating to the Auckland City Council's duties arising from the Public Records Act 2005, and the processes and procedures by which the public can access council records.

    [ATTACHMENT 5.2]

    Councillor Goldsmith moved:

    Councillor Lister seconded:

    That Ms Lisa Prager's presentation to council be received.

    CARRIED

    His Worship the Mayor moved:

    Councillor Millar seconded:

    That item 13 be taken at this point.

    CARRIED

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

    REPORTS OF COMMITTEES

  7. Top CITY DEVELOPMENT REPORT NO. 01/2009

    Councillor Bhatnagar moved:

    Councillor Christian seconded:

    That the recommendations contained in the City Development Committee report No. 01/2009 be adopted ie:

    Plan Change 2: Urban Design and Residential Amenity Controls, Central Area District Plan

    1. That council approves Plan Modification 2 to the Operative District Plan (Central Area Section) 2004 which introduces urban design and residential amenity controls, 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 2 operative.

    CARRIED

  8. Top APPEALS SUB-COMMITTEE REPORT NO. 02/2008

    Councillor Bhatnagar moved:

    Councillor Raffills seconded:

    That the recommendations contained in the Appeals Sub-committee report No. 02/2008 be adopted ie:

    Plan Change 210 - 42 Herd Road, Hillsborough - Selwyn Heights Retirement Village - Approval to Incorporate into the Isthmus District Plan

    1. That private plan change 210 - 42 Herd Road, Hillsborough, which rezones land from Residential 6a to Special Purpose 1, be incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Manager, Outer Isthmus, be authorised to publicly notify the date on which Plan Change 210 will become operative.

    CARRIED

  9. Top HEARINGS PANEL REPORT NO. 01/2009

    Councillor Mulholland moved:

    Councillor Fryer seconded:

    That the recommendations contained in the Hearings Panel report No. 01/2009 be adopted ie:

    Recommendations on Plan Change 223 to the Auckland City Operative District Plan 1999 - Isthmus Section

    1. That pursuant to Section 37 of the Resource Management Act 1991, the failure to comply with the time limit for the lodging of submissions be waived in respect of submission No 1 (Director-General of Conservation) such that the issues raised in that submission can be taken into account.
    2. That pursuant to Clause 29(c) of the First Schedule of the Resource Management Act 1991, that part of Proposed Plan Modification 223 that proposes to rezone 0.53 ha of land currently zoned Open Space 1 to Business 6, on Lot 1 DP 328383 and Lot 3 DP 328383, at 781 Great South Road, Southdown be approved.
      The reasons for the approval are:
      1. The zoning of the site would be made consistent with the zoning of the adjoining land to the north and south.
      2. Retention of Open Space 1 zoning would tend to preclude development of the wider site which would render that land incapable of reasonable use.
      3. Mechanisms exist for the protection of natural values on the wider site at the time of consideration of any subdivision or development proposal.
    3. That pursuant to Clause 29(c) of the First Schedule of the Resource Management Act 1991, that part of Proposed Plan Modification 223 that proposes to rezone an area from Special Purpose 3 to Business 6 (0.72 ha in area), and to rezone an area from Business 6 to Special Purpose 3 (0.65 ha in area), on Section 1 Survey Office Plan 69440 at 791-793 Great South Road be approved.
      The reason for the approval is:
      1. That the plan change will lead to a realignment of the Special Purpose 3 zone that is in accordance with New Zealand Railways Corporation's (NZRC's) easement for a future rail link between the North Island Main Trunk Line and the North Auckland Line.
      2. That the most appropriate zoning of the land no longer required for rail corridor is the same as that of land immediately to the north, being Business 6.
    4. That the Council rejects the submissions of the Director-General of Conservation (Submission 1), Auckland Regional Council (Submission 2), NZ Historic Places Trust Pouhere Taonga (Submission 3) and Maxine Cross (Submission 4), and accepts the further submission of TR Group Holdings, for the reasons outlined above.
    5. That the City Planning team be asked to carefully consider the extent, terms and conditions of the railway purposes designation as it affects Section 1 Survey Office Plan 69440 at 791-793 Great South Road, especially from the point of view of the potential adverse effects of the work on the natural environment, when designations are reviewed as a part of the Isthmus Plan review.

    CARRIED

    Secretarial note: The following matter was raised by Councillor Northey and it was requested that it be forwarded to the City Development Committee for consideration.

    That officers develop specific proposals for appropriate planning or other actions for the protection of the Ann's Creek Wetland and immediate surrounds as part of the Future Planning Framework and otherwise, in order to better protect this unique and regionally significant saltwater and freshwater wetland and bird habitat and also the opportunity for public access between Hamlin's Hill and the Manukau foreshore walkway.

  10. Top HEARINGS PANEL REPORT NO. 2/2009

    Councillor Mulholland moved:

    Councillor Baguley seconded:

    That the recommendations contained in the Hearings Panel report No. 02/2009 be adopted ie:

    Recommendations on Plan Change 196 - Newmarket Growth Area Structure Plan - Isthmus District Plan

    1. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, proposed plan change 196, which provides a comprehensive and integrated framework in the Isthmus District Plan for facilitating growth in Newmarket in accordance with the Auckland City Growth Management Strategy 2003 and the liveable community plan for Newmarket called Newmarket's Future, be approved with amendments (as attached in Appendix 2 in the report of the Hearings Panel dated 5 February 2009) for the following reasons:
      1. The proposed rules contained within the amended plan change are necessary in achieving the purpose of the Resource Management Act 1991.
      2. The council has considered alternative means and is satisfied that the amended plan change, which amends the plan provisions in the Newmarket Growth Structure Plan area, will ensure that adverse effects are avoided, remedied or mitigated.
    2. That, pursuant to section 37(5) of the Resource Management Act 1991, the time for receiving submissions be extended to accept late submissions from:
      • Richard C Galloway (submission 111)
      • Newmarket Protection Society (submission 113)
      • NZ Historic Places Trust (submission 114).
    3. That submissions 2/2, 2/3, 3/1, 4/1, 4/2, 6/1, 6/2, 7/1, 7/2, 8/1, 8/2, 9/2, 10/1, 10/2, 11/1, 12/1, 13/1, 14/1, 15/1, 16/1, 17/1 18/1, 18/2, 18/3, 18/4, 18/5, 18/6, 18/7, 18/8, 20/1, 20/2, 20/3, 21/1, 22/1, 22/2, 22/4, 23/1, 23/3, 24/1, 25/1, 25/2, 27/1, 28/2, 30/2, 30/3, 30/5, 31/1, 32/1, 32/2, 32/3, 36/1, 37/2, 38/1, 39/1, 40/1, 42/1, 43/1, 45/1, 47/1, 48/1, 48/2, 48/5, 48/6, 48/7, 48/8, 49/1, 49/2, 49/3, 49/4, 49/6, 49/7, 49/8, 50/2, 53/3, 53/5, 53/7, 55/1, 56/1, 56/2, 69/1, 69/2, 71/4, 72/1, 72/5, 74/1, 76/1, 76/2, 76/3, 76/4, 77/3, 77/4, 78/1, 79/1, 80/1, 80/2, 81/1, 81/2, 82/1, 83/1, 83/2, 83/3, 84/3, 85/1, 85/2, 85/3, 85/4, 85/5, 85/6, 85/7, 86/1, 89/1, 89/2, 90/2, 91/1, 91/2, 91/3, 92/1, 92/11, 92/15, 92/17, 92/18, 92/21, 92/22, 92/23, 92/26, 92/27, 98/2, 98/3, 99/2, 99/3, 100/1, 101/1, 102/2, 102/3, 103/2, 103/3, 104/2, 104/3, 105/1, 106/1, 108/2, 109/1, 110/1, 111/1, 112/1, 113/2, 114/4, 114/6, 114/7, 114/9, 114/10, 114/11, 114/12, 114/13, 114/14, 114/15, 114/16, 115/1 and 117/1 be rejected.
    4. That submissions 13/2, 13/3, 16/2, 16/3, 17/2, 17/3, 22/3, 28/1, 30/1, 37/1, 41/1, 46/1, 48/3, 48/4, 49/5, 49/9, 50/1, 51/1, 53/1, 53/2, 53/6, 59/4, 59/5, 59/6, 60/4, 60/5, 60/6, 61/4, 61/5, 61/6, 62/4, 62/5, 62/6, 63/4, 63/5, 63/6, 64/4, 64/5, 64/6, 65/4, 65/5, 66/4, 66/5, 67/4, 67/5, 68/4, 68/5, 70/1, 70/2, 70/5, 71/1, 73/1 73/2, 73/4, 75/1, 85/8, 87/1, 92/2, 92/3, 92/7, 92/8, 92/9, 92/10, 92/12, 92/13, 92/14, 92/16, 92/24, 92/25, 97/5, 98/1, 99/1, 102/1, 103/1, 104/1 107/1, 108/1, 108/3, 114/5 and 114/8 be accepted in part, to the extent that it supports the amendments to the Plan set out in appendix 2 in the report of the Hearings Panel dated 5 February 2009.
    5. That submissions 1/1, 2/1, 5/1, 9/1, 10/3, 19/1, 19/2, 19/3, 21/2, 22/5, 23/2, 23/4, 26/1, 29/1, 33/1, 34/1, 44/1, 52/1, 53/4, 54/1, 57/1, 58/1, 58/2, 59/1, 59/2, 59/3, 60/1, 60/2, 60/3, 61/1, 61/2, 61/3, 62/1, 62/2, 62/3, 63/1, 63/2, 63/3, 64/1, 64/2, 64/3, 65/1, 65/2, 65/3, 66/1, 66/2, 66/3, 67/1, 67/2, 67/3, 68/1, 68/2, 68/3, 69/3, 69/4, 70/3, 70/4, 71/2, 71/3, 71/5, 72/2, 72/3, 72/4, 73/3, 73/5, 73/6, 77/1, 77/2, 77/5, 84/1, 84/2, 88/1, 90/1, 91/4, 92/4, 92/5, 92/6, 92/19, 92/20, 93/1, 93/2, 94/1, 95/1, 96/1, 97/1, 97/2, 97/3, 97/4, 107/2, 108/4, 114/1, 114/2, 114/3 and 116/1 be accepted, and amend the Plan accordingly as set out in appendix 2 in the report of the Hearings Panel dated 5 February 2009.
    6. That further submissions made in support or opposition to the primary submissions listed above be accepted in full or in part, or rejected accordingly.
    7. That the Manager: Inner Isthmus be authorised to publicly notify the fact that the council has made its decision on submissions to proposed plan change 196.
    8. That the Hearings Panel further recommends that the Council investigates the following administrative and district plan changes:
      • Allowing a more appropriate building in relation to boundary control for properties adjoining urban squares and public spaces.
      • The existing threshold controls in their entirety.

    CARRIED

    REPORTS OF OFFICERS

  11. Top CHIEF EXECUTIVE'S JANUARY 2009 REPORT

    His Worship the Mayor moved:

    Councillor Christian seconded:

    The Chief Executive tabled responses to questions raised by councillors.

    [ATTACHMENT 11A]

    That the Chief executive's monthly report dated 18 February 2009 on key matters including those of leadership and strategy, an overview on issues and activities, be noted.

    CARRIED

  12. Top EDEN-ALBERT COMMUNITY BOARD BY-ELECTION

    His Worship the Mayor moved:

    Councillor Raffills seconded:

    That the early processing of returned voting documents over the voting period for the Eden-Albert Community Board By-election be adopted as permitted under section 79 of the Local Electoral Act 2001.

    CARRIED

  13. Top COUNCILLOR APPOINTMENTS TO OUTSIDE ORGANISATIONS AND MEMBERSHIP OF COMMITTEES

    Deputy Mayor David Hay moved:

    Councillor Millar seconded:

    1. That Councillor Goldsmith be appointed to deputy chair of the Finance and Strategy Committee effective immediately.
    2. That Councillor Lotu-Iiga remain a member of the Finance and Strategy Committee.
    3. That Councillor Goldsmith be appointed as the councillor representative on the Shareholders Representative Group for Watercare Services Limited effective immediately.

    Councillor Fryer moved the following amendment to replace A and C.:

    Councillor Boyle seconded:

    1. That Councillor Northey be appointed deputy chair of the Finance and Strategy Committee, effective on this resolution of council.
    1. That Councillor Northey be appointed as the councillor representative on the Shareholders Representative Group for Watercare Services Limited effective immediately.

    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

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Greg Moyle was absent.

    The amendment was declared LOST by 12 votes to 7.

    Councillor Roche moved the following amendment to replace B:

    Councillor Easte seconded:

    1. That Councillor Fryer replace Councillor Lotu-Iiga as a member of the Finance and Strategy Committee.

    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

    Peseta Sam Lotu-Iiga

    Toni Millar

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Greg Moyle was absent.

    The amendment was declared LOST by 12 votes to 7.

    Councillor Northey moved the following amendment to add a D:

    Councillor Casey seconded:

    1. That Councillor Easte be added to the Central Business District (CBD) Board.

    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

    Peseta Sam Lotu-Iiga

    Toni Millar

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Greg Moyle was absent.

    The amendment was declared LOST by 11 votes to 8.

    His Worship the Mayor put the following substantive motion:

    1. That Councillor Goldsmith be appointed to deputy chair of the Finance and Strategy Committee effective immediately.
    2. That Councillor Lotu-Iiga remain a member of the Finance and Strategy Committee.
    3. That Councillor Goldsmith be appointed as the councillor representative on the Shareholders Representative Group for Watercare Services Limited effective immediately.

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

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

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor

    		 Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche


    Councillor Greg Moyle was absent.

    The motion was declared CARRIED by 13 votes to 6.

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

    Councillor Goldsmith moved:

    Councillor Millar 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 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. Pah Homestead - potential refurbishment to lease 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 report contains information relating to the delivery of council's required outcomes with a third party and a private benefactor that, if released to the public, could jeopardise the negotiations.

    		 Section 48(1)(a)

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

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 7:38pm.