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Back to contents MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 26 MARCH 2009 AT 6:03PM
IN THE COUNCIL CHAMBERS
GROUND FLOOR, AUCKLAND TOWN HALL

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, ED  
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved:

    Councillor Millar seconded:

    That the apology from Councillor Lotu-Iiga for non-attendance 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, 26 February 2009 and the extraordinary meeting held on Wednesday, 4 March 2009 be confirmed as true and correct records.

    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 CITY DEVELOPMENT COMMITTEE REPORT NO. 02/2009

    Councillor Bhatnagar moved:

    Deputy Mayor David Hay seconded:

    That the City Development Committee Report No. 2/2009 be adopted, i.e.:

    Plan Change 232 - 509-511 Sandringham Road, Sandringham - Approval to Incorporate into the district plan (Isthmus)

    1. That Private Plan Change 232 to rezone 509-511 Sandringham Road, Sandringham, from Residential 6a to Business 2 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 232 to rezone 509-511 Sandringham Road, Sandringham, will become operative.
    3. That the fair and reasonable costs associated with this Private Plan Change 232 are recovered from the applicant - IJ &PK Enterprises.

    CARRIED

  8. Top ARTS, CULTURE AND RECREATION COMMITTEE REPORT NO. 1/2009

    Councillor Moyle moved:

    Councillor Millar seconded:

    That the Arts, Culture and Recreation Committee Report No. 1/2009 be adopted, i.e.:

    Great Barrier Island Land Management Exchange Programme - Approval for Land Management Exchange Areas

    That, in terms of Sections 7 (1A) and 16A (1) of the Conservation Act, the unused Whangaparapara Cemetery site, Great Barrier Island, described as Pt Lot 3 DP 19606 comprising 3870m2, be transferred from council to the Department of Conservation by way of exchange for an area of crown land, being the existing Whangaparapara Cemetery, described as part Allot 3, Parish of Aotea, subject to survey.

    CARRIED

    His Worship the Mayor adjourned the meeting at 6:15pm to allow for a disruptive member of the public to be removed from the meeting.

    His Worship the Mayor reconvened the meeting at 6:22pm.

  9. Top TRANSPORT COMMITTEE REPORT NO. 1/2009

    The report for the extraordinary Transport Committee meeting held on 25 March 2009 was circulated under separate cover.

    The resolutions from the extraordinary Transport Committee meeting were tabled.

    [ATTACHMENT 9A]

    Councillor Baguley moved:

    Councillor Lister seconded:

    That the Transport Committee Report No. 1/2009 be adopted, i.e.:

    Supplier recommendation report for 10 Asset Maintenance and Renewal Term Contracts, Street Lighting Design and Planning

    1. That in order to allow the Transport Committee the opportunity to familiarise itself with material presented and to ensure probity, the awarding of the following contracts be deferred to a meeting of the Transport Committee (if necessary a special meeting be called).
    Contract No. Contract Name Location Preferred tenderer
    PW/08/588 Road Renewal and General Maintenance Southern area of isthmus Downer Edi Works
    PW/08/590 Road Renewal and General Maintenance Eastern area of isthmus Downer Edi Works
    PW/08/589 Footpath Renewals Southern area of isthmus John Filmore Contractors
    PW/08/591 Footpath Renewals Eastern area of isthmus John Filmore Contractors
    PW/08/593 General Maintenance and Renewals Waiheke and Rakino Islands Downer Edi Works
    PW/08/594 General Maintenance and Renewals Great Barrier Island Fulton Hogan
    PW/07/498 Airfield Maintenance Great Barrier Island Coles Equipment Ltd.
    PW/08/581 Streetlighting Maintenance and Renewals All of isthmus Transfield Services
    PS/08/582 Streetlighting Forward works planning All of isthmus Opus International Consultants
    PS/08/601 Streetlighting Design All of isthmus Opus International Consultants
    1. That the council delegates authority to approve the awarding of contracts listed in resolution A above to the Transport Committee in order for the contracts to be implemented on 1 July 2009.
    2. That the Chief Executive be requested to provide a report and recommendation to a meeting of the Transport Committee regarding the approval and awarding of the above contracts.

    Councillor Baguley moved the following amendment by way of substitution:

    Councillor Lister seconded:

    That the Transport Committee Report No. 1/2009 be adopted, i.e.:

    Supplier recommendation report for 10 Asset Maintenance and Renewal Term Contracts, Street Lighting Design and Planning

    1. That in order to allow the Transport Committee the opportunity to familiarise itself with material presented and to ensure probity, the awarding of the following contracts be deferred to a meeting of the Transport Committee (if necessary a special meeting be called).
    Contract No. Contract Name Location Preferred tenderer
    PW/08/588 Road Renewal and General Maintenance Southern area of isthmus Downer Edi Works
    PW/08/590 Road Renewal and General Maintenance Eastern area of isthmus Downer Edi Works
    PW/08/593 General Maintenance and Renewals Waiheke and Rakino Islands Downer Edi Works
    PW/08/594 General Maintenance and Renewals Great Barrier Island Fulton Hogan
    PW/07/498 Airfield Maintenance Great Barrier Island Coles Equipment Ltd.
    PW/08/581 Streetlighting Maintenance and Renewals All of isthmus Transfield Services
    PS/08/582 Streetlighting Forward works planning All of isthmus Opus International Consultants
    PS/08/601 Streetlighting Design All of isthmus Opus International Consultants
    1. That the council delegates authority to approve the awarding of contracts listed in resolution A above to the Transport Committee in order for the contracts to be implemented on 1 July 2009.
    2. That the council defer making a decision on the following contracts until the 23 April 2009 council meeting:
    Contract No. Contract Name Location Preferred tenderer
    PW/08/589 Footpath Renewals Southern area of isthmus John Filmore Contractors
    PW/08/591 Footpath Renewals Eastern area of isthmus John Filmore Contractors
    1. That the Chief Executive be requested to provide a report and recommendation to a meeting of the Transport Committee and council that gives an assurance as to the probity of all contracts regarding the approval and awarding of the above contracts.

    CARRIED

    Councillor Easte moved the following amendment by way of addition:

    Councillor Boyle seconded:

    1. That Councillors be given the opportunity to go through an example tender process in sufficient detail to ensure their familiarity with, and confidence in, council's tender processes.

    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

    Paul Goldsmith

    Deputy Mayor David Hay

    Richard Northey

    Denise Roche

    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    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 10 votes to 9.

    Cr Armstrong moved the following amendment by way of addition:

    Cr Baguley seconded:

    That the Chief Executive arrange a briefing for councillors who wish to more fully understand the tender process.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That the Transport Committee Report No. 1/2009 be adopted as amended, i.e.:

    Supplier recommendation report for 10 Asset Maintenance and Renewal Term Contracts, Street Lighting Design and Planning

    1. That in order to allow the Transport Committee the opportunity to familiarise itself with material presented and to ensure probity, the awarding of the following contracts be deferred to a meeting of the Transport Committee (if necessary a special meeting be called).
    Contract No. Contract Name Location Preferred tenderer
    PW/08/588 Road Renewal and General Maintenance Southern area of isthmus Downer Edi Works
    PW/08/590 Road Renewal and General Maintenance Eastern area of isthmus Downer Edi Works
    PW/08/593 General Maintenance and Renewals Waiheke and Rakino Islands Downer Edi Works
    PW/08/594 General Maintenance and Renewals Great Barrier Island Fulton Hogan
    PW/07/498 Airfield Maintenance Great Barrier Island Coles Equipment Ltd.
    PW/08/581 Streetlighting Maintenance and Renewals All of isthmus Transfield Services
    PS/08/582 Streetlighting Forward works planning All of isthmus Opus International Consultants
    PS/08/601 Streetlighting Design All of isthmus Opus International Consultants
    1. That the council delegates authority to approve the awarding of contracts listed in resolution A above to the Transport Committee in order for the contracts to be implemented on 1 July 2009.
    2. That the council defer making a decision on the following contracts until the 23 April 2009 council meeting:
    Contract No. Contract Name Location Preferred tenderer
    PW/08/589 Footpath Renewals Southern area of isthmus John Filmore Contractors
    PW/08/591 Footpath Renewals Eastern area of isthmus John Filmore Contractors
    1. That the Chief Executive be requested to provide a report and recommendation to a meeting of the Transport Committee and council that gives an assurance as to the probity of all contracts regarding the approval and awarding of the above contracts.
    2. That the Chief Executive arrange a briefing for councillors who wish to more fully understand the tender process.

    CARRIED

    REPORTS OF OFFICERS

  10. Top CHIEF EXECUTIVE'S FEBRUARY 2009 REPORT

    Answers to questions raised by councillors were tabled.

    [ATTACHMENT 10A]

    Councillor Easte referenced photographs taken of the Visy recycling area in relation to Councillor Northey's amendment.

    [ATTACHMENT 10B]

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

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

    Councillor Northey moved the following amendment by way of addition:

    Councillor Boyle seconded:

    1. B. That officers report to the April meeting of the City Development Committee on issues raised by, and relating to, the large mound of recyclables on the Onehunga foreshore, including concerns that have been raised by community members and on which it is important to receive expert information quickly, such as:
      1. Why is the mound there and where did it come from?
      2. Is there a particular reason for stockpiling?
      3. Are all the recyclables put in blue lidded bins being recycled?
      4. Are the recycling contract terms being met?
      5. How are the negative environmental impacts from this mound being mitigated (or not)?
      6. Are there any safety hazards arising from this mound?
      7. Why the bulk of it appears not to be sorted
      8. Does it comply with national and international best practice on dealing with waste?
      9. Does it comply with the Ministry for the Environment guidelines on compaction of commingled recyclables for transport?
      10. Does it need a resource consent or does it comply with District Plan (Isthmus Section) rules?
      11. Whether the public health issues possibly created by such a large mound are being dealt with, e.g. attraction of rats, birds, scavengers etc because the Health Act 1956 and Waste Minimisation Act 2008 require the Council to minimise risks to public health and safety.
      12. What is going to happen to it?

    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

    Graeme Mulholland

    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

    Noelene Raffills

    His Worship the Mayor


    Councillor Peseta Sam Lotu-Iiga was absent.

    The amendment was declared LOST by 11 votes to 8.

    His Worship the Mayor put the following substantive motion:

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

    CARRIED

  11. Top TEN-YEAR PLAN DOCUMENT

    Additional information for volume one and two of the Long-term Council Community Plan was circulated under separate cover.

    His Worship the Mayor moved:

    Councillor Bhatnagar seconded:

    1. That Auckland City Council's Statement of Proposal for the Draft Ten-year plan (2009-2019) be adopted for public consultation.
    2. That the Chairman of the Finance and Strategy Committee and General manager finance be delegated authority to make minor edits and any changes reflecting outstanding recommendations by Audit New Zealand.

    Councillor Boyle moved the following amendment by way of addition:

    Councillor Roche seconded:

    1. That Auckland City Council's Statement of Proposal for the Draft Ten-year plan (2009-2019) be adopted for public consultation with appropriate changes that would reflect and incorporate the projects, service levels and policies that were defeated at the 4 March 2009 meeting of the Combined Committees and the extraordinary council meeting.

    LOST

    Councillor Northey moved the following amendment:

    Councillor Fryer seconded:

    1. That the following changes be made to Volume 1 of Auckland City Council's Draft 10-year Plan 2009-2019 proposed document:
      • Page 1, right column, 3rd line: change "It describes how we are keeping our promise" to read "It describes how we are trying to keep a promise".
      • Page 7, right column, 5th paragraph, 1st line: insert after "a new targeted rate in 2011/2012" the words "which will be applied to all businesses and homes across the city from Avondale to Great Barrier" and in the 4th line insert "Consequently" before "in 2012/2013".
      • Page 8, 1st paragraph: add at the end after "irrespective of the value of the property" the words "on the other hand it can be more inequitable because families in lower value homes generally have less income and less ability to pay."
      • Page 8, 4th paragraph: insert at the end of the 3rd sentence the words "This has largely been because Auckland City does not include water and wastewater charges in the general rate, unlike some other Auckland Councils, but charges properties extra in proportion to the amount of water used."
      • Page 8, right column: delete the first sentence regarding stormwater expenditure.
      • Page 12, 5th bullet point: at the end change "the cones" to read "Maungawhau and some other cones."
      • Page 39, left column, regarding Tamaki: insert a 2nd sentence "Council welcomes submissions about whether this plan provides for sufficient transport and community infrastructure to drive and respond to transformational change and intensification in Tamaki and on what projects which were in the 2006-2016 10-year plan, such as the Glen Innes Music and Arts Centre (MAGIC), the Otahuhu Swimming Pool and deferred aspects of AMETI should be restored to this new 2009-2019 10-year plan."
      • Page 44, left column, 2nd bullet point: add to "work together with central government" the words "the local community, third sector and private housing providers" on the Tamaki Transformation project.
      • Page 45, 4th bullet point, 2nd line: insert after "transport" the words "community facilities".
    2. That the following changes be made to Volume 2 of Auckland City Council's Draft 10-year Plan 2009-2019 proposed document:
      • Page 47, 4th paragraph, add a sentence that reads "Although collection rates are good we would welcome public input on how to maximise the waste diversion from landfill through recycling and composting."
      • Page 123, 4th bullet point, right column, add a 4th bullet point that reads "Auckland is not contributing to international pollution problems by exporting our low grade recyclables."

    LOST

    Deputy Mayor Hay moved the following procedural motion:

    Councillor Lister seconded:

    That Councillor Northey be granted an additional 30 seconds speaking time.

    CARRIED

    Councillor Casey moved the following amendment:

    Councillor Easte seconded:

    1. That the following changes be made to Volume 1 of Auckland City Council's Draft 10-year Plan 2009-2019 proposed document:
      • Page 12, right column, 1st bullet point, regarding the footpath renewal programme: change the start of the 2nd sentence to read "This continues, at a reduced level, the renewal programme."
      • Page 12, right column, 2nd bullet point, regarding the school safety initiatives: 2nd line change "a further $33 million" to read "a reduced level of $33 million".
      • Page 17, 4th paragraph, 2nd line, regarding the Waiheke Transfer Station upgrade: change "the upgrade" to read "a very early upgrade".
      • Page 21, right column, 2nd section, regarding the footpath renewal programme: replace "continue to spend" with "now proposes to spend".
      • Page 53, start of 6th paragraph: change "The enlarged library" to read "The new library" planned for Waiheke.
      • Page 57, right column, 7th line: add after "appropriate route" the words "preferably a tunnel".

    LOST

    His Worship the Mayor put the following substantive motion:

    1. That Auckland City Council's Statement of Proposal for the Draft Ten-year plan (2009-2019) be adopted for public consultation.
    2. That the Chairman of the Finance and Strategy Committee and General manager finance be delegated authority to make minor edits and any changes reflecting outstanding recommendations by Audit New Zealand.

    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

    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 Peseta Sam Lotu-Iiga was absent.

    The motion was declared CARRIED by 13 votes to 6.

  12. Top NOTICE OF MOTION - REMUNERATION WORKING PARTY

    Secretarial Note: The 3 March 2009 Community Board Chairs Forum resolved that the Western Bays Community Board Chairman, Bruce Kilmister be added to the Remuneration Working Party. Councillor Northey undertook to progress this request via a notice of motion to council.

    Councillor Northey moved:

    Councillor Fryer seconded:

    That the Western Bays Community Board Chair, Bruce Kilmister, be added to the Remuneration Working Party with immediate effect.

    Deputy Mayor David Hay moved the following amendment by way of substitution:

    Councillor Armstrong seconded:

    That the Western Bays Community Board Chair Bruce Kilmister and Councillor Lister be added to the Remuneration Working Party with immediate effect.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That the Western Bays Community Board Chair Bruce Kilmister and Councillor Lister be added to the Remuneration Working Party with immediate effect.

    CARRIED

  13. Top NOTICE OF MOTION - DISTINGUISHED CITIZENS AWARD

    His Worship the Mayor moved:

    Councillor Raffills seconded:

    1. That a Distinguished Citizens Award working party be established, for the remaining period of the 2007-2010 electoral term, to decide on recipients of the Auckland City Council Distinguished Citizen Award from those candidates put forward by the Mayor and Councillors.
    2. That the Distinguished Citizens Award Working Party comprise of:
      • His Worship the Mayor
      • Deputy Mayor
      • Councillor Armstrong
      • Councillor Northey

    Councillor Northey declined nomination for the Working Party and moved the following amendment:

    Councillor Easte seconded:

    That B. be amended to replace Councillor Northey with Councillor Fryer as a Working Party member.

    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

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillor Peseta Sam Lotu-Iiga was absent.

    The amendment was declared LOST by 11 votes to 8.

    Cr Hay moved the following amendment by way of substitution:

    Cr Baguley seconded:

    That this item be deferred to the council meeting of 23 April 2009.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That this item be deferred to the council meeting of 23 April 2009.

    CARRIED

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