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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 23 APRIL 2009 AT 6:00PM
IN THE COUNCIL CHAMBERS
GROUND FLOOR, AUCKLAND TOWN HALL

PRESENT:	His Worship the Mayor, Hon John		Banks, QSO	[until 9:03pm item 15; from 9:12pm item 16]
	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	[until 6:02pm item 2; from 6:07pm item 5.1, until 9:05pm item 15; from 9:11pm item 15]
		John	Lister, OBE
		Peseta Sam	Lotu-Iiga
		Toni	Millar, JP	[until 8:24pm item 18; from 8:28pm item 18]
		Graeme	Mulholland, JP	[until 8:30pm item 11; from 8:34pm item 11, until 9:04pm item 15; from 9:12pm item 15]
		Richard	Northey, ONZM
		Noelene	Raffills	[until 8:53pm item 13; from 8:56pm item 14]
		Denise	Roche	[until 8:47pm item 13; from 8:52pm item 14]

1. APOLOGIES

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the apology of Councillor Moyle for non-attendance be accepted.

   CARRIED

2. MINUTES

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the minutes of the ordinary meeting of council held on Thursday, 26 March 2009 be confirmed as a true and correct record.

   CARRIED

3. LEAVE OF ABSENCE

   There were no requests for leave of absence.

4. PETITIONS

   There were no petitions.

5. DEPUTATIONS

   5.1 DEPUTATION - MS PENNY BRIGHT - AUCKLAND REGIONAL GOVERNANCE, LOCAL GOVERNMENT PRACTICES, COMPLAINT TO POLICE FOR ASSAULT

   Ms Penny Bright was granted speaking rights under urgency to address Council regarding Auckland regional governance, developments in her fight against corrupt practices within local government and an update on the complaint to Auckland Central Police for assault at the last Auckland City Council meeting.

   Ms Bright tabled a response to her "Petition 2008/2 of Penny Bright and 189 others" from central government's Local Government and Environment Committee.

   [ATTACHMENT 5.1]

   Councillor Casey moved:

   Councillor Fryer seconded:

   That Ms Penny Bright be thanked for her presentation regarding Auckland regional governance, developments in her fight against corrupt practices within local government and an update on the complaint to Auckland Central Police for assault at the last Auckland City Council meeting.

   CARRIED

   5.2 DEPUTATION - MS LISA PRAGER - AUCKLAND REGIONAL GOVERNANCE

   Ms Lisa Prager was granted speaking rights under urgency to address Council regarding issues arising from the government's changes to the recommendations of the Royal Commission on Auckland regional governance and the public impact.

   Deputy Mayor David Hay moved:

   Councillor Casey seconded:

   That the presentation by Ms Lisa Prager regarding issues arising from the government's changes to the recommendations of the Royal Commission on Auckland regional governance and the public impact be received.

   Councillor Casey moved the following amendment:

   Councillor Boyle seconded:

   That the word "received" in the motion to acknowledge Ms Prager's presentation be changed to "thanked".

   LOST

   His Worship the Mayor put the following substantive motion:

   That the presentation by Ms Lisa Prager regarding issues arising from the government's changes to the recommendations of the Royal Commission on Auckland regional governance and the public impact be received.

   CARRIED

6. EXTRAORDINARY BUSINESS

   6.1 NOTICE OF MOTION - REGIONAL GOVERNANCE COMMITTEE MEMBERSHIP

   Councillor Fryer moved:

   Councillor Easte seconded:

   That council consider an extraordinary item of business regarding the membership of the Regional Governance Committee as item 20, but taken immediately after item 7, noting the next meeting of the Regional Governance Committee is on 14 May 2009 which is before the scheduled 28 May 2009 council meeting.

   CARRIED

   Councillor Christian wished his vote against the motion to be recorded.

   The above matter was added as item 20 on the agenda.

   6.2 NOTICE OF MOTION - DIRECTORS REVIEW AND APPOINTMENTS SUB-COMMITTEE MEMBERSHIP

   Councillor Armstrong moved:

   Councillor Bhatnagar seconded:

   That council consider an extraordinary item of business regarding the membership of the Directors Review and Appointments Sub-committee as item 21, noting the next meeting of the Directors Review and Appointments Sub-committee is scheduled on 29 April 2009 which is before the 28 May 2009 council meeting.

   CARRIED

   The above matter was added as item 21 on the agenda.

   REPORTS OF COMMITTEES

7. CITY DEVELOPMENT COMMITTEE REPORT NO. 03/2009

   Mr Ray Ericson (past Chairman of the Waiheke Community Board) addressed the council as a representative of the Board and a member of the hearings panel that heard submissions and made the recommendation to Council on the proposed Hauraki Gulf Islands District Plan 2009.

   Councillor Armstrong declared a conflict of interest and neither spoke nor voted on item 7.i (Decisions on submissions to the proposed Hauraki Gulf Islands District Plan 2009).

   Councillor Bhatnagar moved:

   Councillor Mulholland seconded:

   That the City Development Committee Report No. 3/2009 be adopted, i.e.:

   1. Decisions on Submissions to the Proposed Hauraki Gulf Islands District Plan 2009
      1. That submissions and further submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 be accepted (in full or in part) or rejected, in accordance with the recommendations contained in the decision reports of the hearing panels. 
      2. That the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 be amended in accordance with the recommendations contained in the decision reports of the hearing panels. The amendments will take effect from the date on which the council publicly notifies its decisions.
      3. That the time period for lodging appeals to the Environment Court on the council's decisions (including its decisions on the council's own notices of requirement) be extended from 30 working days to 60 working days under sections 37 and 37A of the Resource Management Act 1991. This is in order to give submitters more time to consider the effects of the council's decisions and determine their responses.
      4. That for the notices of requirement lodged by other requiring authorities (i.e. not lodged by the council), recommendations be made to the requiring authorities that their requirements be confirmed, modified, or be subject to conditions in accordance with the recommendations set out in the decision reports of the hearing panel.
      5. That the Manager: Islands be authorised to advise requiring authorities of the council's recommendations and to undertake notification of the council's decisions in accordance with the requirements of the Resource Management Act 1991.
   2. Introduction of a New Administration Bylaw and Consequential Amendments to Other Bylaws
      That the special consultative procedure be commenced to adopt a new Administration bylaw and consequential amendments to other bylaws using the draft bylaw and the statement of proposal (attached as appendix 1 to the report of the Senior Planner Citywide Strategy dated 13 March 2009).
   3. Making Plan Change 61 Operative - Isthmus District Plan
      1. That council approve plan change 61 - Glen Innes residential 6a and 8 rezoning to the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative in accordance with Appendix 1 of the report of the Senior Planner, Outer Isthmus dated 10 March 2009.
      2. That the Manager, Outer Isthmus, be authorised to complete the statutory processes required to make plan change 61 operative.
   4. Plan Change 145 and Variation 145a - St Heliers Centre Plan - Approval to Incorporate into the District Plan (Isthmus)
      1. That plan change 145 to introduce a centre plan to St Heliers village to protect the character and amenity values of the village, is 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 145 - St Heliers centre plan, will become operative.

   Councillor Bhatnagar moved the following amendment by way of addition:

   Councillor Mulholland seconded:

   1. Decisions on Submissions to the Proposed Hauraki Gulf Islands District Plan 2009
      6. That the Proposed Hauraki Gulf Islands District Plan Hearings Panel be thanked for their time, energy and commitment to the hearings process.
      7. That all staff involved in the process for the Proposed Hauraki Gulf Islands District Plan be thanked for the passion shown throughout the process and their excellent contributions, dedication and professionalism.
      8. That all submitters involved in the Proposed Hauraki Gulf Island District Plan be thanked for their contributions both written and verbal which assisted in the deliberations and decision on the Proposed Hauraki Gulf Islands District Plan Hearings.

   CARRIED

   His Worship the Mayor put the following substantive motion:

   That the City Development Committee Report No. 3/2009 as amended, be adopted, i.e.:

   1. Decisions on Submissions to the Proposed Hauraki Gulf Islands District Plan 2009
      1. That submissions and further submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 be accepted (in full or in part) or rejected, in accordance with the recommendations contained in the decision reports of the hearing panels.
      2. That the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 be amended in accordance with the recommendations contained in the decision reports of the hearing panels. The amendments will take effect from the date on which the council publicly notifies its decisions.
      3. That the time period for lodging appeals to the Environment Court on the council's decisions (including its decisions on the council's own notices of requirement) be extended from 30 working days to 60 working days under sections 37 and 37A of the Resource Management Act 1991. This is in order to give submitters more time to consider the effects of the council's decisions and determine their responses.
      4. That for the notices of requirement lodged by other requiring authorities (i.e. not lodged by the council), recommendations be made to the requiring authorities that their requirements be confirmed, modified, or be subject to conditions in accordance with the recommendations set out in the decision reports of the hearing panel.
      5. That the Manager: Islands be authorised to advise requiring authorities of the council's recommendations and to undertake notification of the council's decisions in accordance with the requirements of the Resource Management Act 1991.
      6. That the Proposed Hauraki Gulf Islands District Plan Hearings Panel be thanked for their time, energy and commitment to the hearings process.
      7. That all staff involved in the process for the Proposed Hauraki Gulf Islands District Plan be thanked for the passion shown throughout the process and their excellent contributions, dedication and professionalism.
      8. That all submitters involved in the Proposed Hauraki Gulf Island District Plan be thanked for their contributions both written and verbal which assisted in the deliberations and decision on the Proposed Hauraki Gulf Islands District Plan Hearings.
   2. Introduction of a New Administration Bylaw and Consequential Amendments to Other Bylaws
      That the special consultative procedure be commenced to adopt a new Administration bylaw and consequential amendments to other bylaws using the draft bylaw and the statement of proposal (attached as appendix 1 to the report of the Senior Planner Citywide Strategy dated 13 March 2009).
   3. Making Plan Change 61 Operative - Isthmus District Plan
      1. That council approve plan change 61 - Glen Innes residential 6a and 8 rezoning to the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative in accordance with Appendix 1 of the report of the Senior Planner, Outer Isthmus dated 10 March 2009.
      2. That the Manager, Outer Isthmus, be authorised to complete the statutory processes required to make plan change 61 operative.
   4. Plan Change 145 and Variation 145a - St Heliers Centre Plan - Approval to Incorporate into the District Plan (Isthmus)
      1. That plan change 145 to introduce a centre plan to St Heliers village to protect the character and amenity values of the village, is 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 145 - St Heliers centre plan, will become operative.

   CARRIED

   Councillor Boyle moved:

   His Worship the Mayor seconded:

   That item 20 be taken at this point.

   CARRIED

8. FINANCE & STRATEGY COMMITTEE REPORT NO. 01/2009

   A report by the Corporate Counsel Governance and Democracy, entitled "Delegations Register", dated 16 April 2009, detailing the amendments made to the Delegations Register by the Chairman and Deputy Chairman of the Finance and Strategy Committee and Councillor Northey as delegated at the 15 April Finance and Strategy Committee meeting was tabled.

   [ATTACHMENT 8A]

   Councillor Armstrong moved:

   Councillor Bhatnagar seconded:

   That the Finance & Strategy Committee report No. 01/2009 be adopted, i.e.:

   1. Governance Delegations Register Amendments
      1. That council adopts the amendments to the Governance Delegations Register set out in the appendices to the Governance Delegations Register Amendments report dated 6 April 2009, noting that some delegations are being removed because they are staff delegations and others are being added because of omissions, corrections or in the case of the Regional Governance Committee further are needed and alterations, and subject to the following additional alterations:
   1. That in the delegations shown at Appendix 2, pages 46 of the Finance and Strategy Committee report for provision RG8 be replaced by RG7 and that the amended entry in the Delegations Register be accepted to read:

   Transition

   RG7

   Power to recommend to council the appointment of members or officers to make representations on behalf of council at select committee hearings and/or any other processes.

   Regional Governance Committee

   2. That the new delegations to be added to the register as shown at Appendix 2, pages 48 and 49 of the Finance and Strategy Committee report, under sections 77B(3)(c) and 92A(2) of the Resource Management Act 1991 be amended by removing the position title "Arborist" from the list of delegates and that the entries in the Delegations Register for those sections be accepted to read:

   Resource Management Act 1991	77B(3)(c)	Power to decline an application for a restricted discretionary activity.	Group Manager, City Planning; Manager, Central Area Planning; Manager, Citywide Strategy; Manager, Heritage; Manager, Isthmus Outer Sector; Manager, Isthmus Inner Sector; Manager, Gulf Islands Sector; Group Manager, Auckland City Environments; Manager, Regulatory Planning; Principal Planner; Senior Arborist; Appeals Manager; Manager, Environmental Health and Licensing; Manager, Resource Consents; Manager, Hauraki Gulf Islands, ACE; Manager, Service Requests; Project Manager, Compliance; Team Leader, Incident Management; Senior Planner, Compliance; Planning Team Leader, Subdivisions; Planning Team Leader; Project Manager, Complex Consents; Planning Team Leader, Hauraki Gulf Islands; Senior Planner, Hauraki Gulf Islands; Senior Subdivisions Officer; Level 4 Planner; Resource Consent Monitoring Leader; Senior Planner, Advice and Lodgements; Senior Planner, Resource Consents; Team Leader, Hearing Commissioner
   Resource Management Act 1991	92A(2)	Power to set timeframe for responding to request for further information.	Group Manager, Auckland City Environments; Manager, Regulatory Planning; Principal Planner; Appeals Manager; Manager, Resource Consents; Manager, Hauraki Gulf Islands, ACE; Manager, Development Engineering; Planning Team Leader, Subdivisions; Planning Team Leader; Project Manager, Complex Consents; Planning Team Leader, Hauraki Gulf Islands; Senior Planner, Hauraki Gulf Islands; Senior Subdivisions Officer; Level 4 Planner; Senior Planner, Advice and Lodgements; Senior Planner, Resource Consents; Level 3 Planner; Level 2 Planner; Development Engineer; Manager, Central Area Planning; Group Manager, City Planning; Manager, Citywide Strategy; Manager, Heritage; Manager, Isthmus Outer Sector; Manager, Isthmus Inner Sector; Manager, Gulf Island Sector; Lead Planner, Central Area; Level 1 Planner; Subdivision Officer; Team Leader, Hearing Commissioner

   3. That in the delegation to the Specialist Hearings Subcommittee shown at Appendix 3, page 57, of the Finance and Strategy Committee report, where the "provision number" column refers to "57A; " of the Resource Management Act 1991 that this be altered to read "357A;" and that the amended entry in the Delegations Register be accepted to read.

   Resource Management Act 1991

   357; 357A; 357B; 357C; and 357D

   Power to hear and decide objections under the Act. This includes but is not limited to reducing or waiving financial contributions imposed as consent conditions, or granting whole or partial remissions of fees and charges.

   Specialist Hearings Subcommittee

   4. That the delegations shown at Appendix 3, pages 62 and 67 of the Finance and Strategy Committee report for sections 88(3), 92A and 104 of the Resource Management Act 1991 be amended by removing the position title "Arborist" from the list of delegates and that the amended entries in the Delegations Register be accepted to read:

   Resource Management Act 1991	92A	Power to set a timeframe for responding to requests for further information.	Group Manager, Auckland City Environments; Manager, Regulatory Planning; Principal Planner; Appeals Manager; Manager, Resource Consents; Manager, Hauraki Gulf Islands, ACE; Manager, Development Engineering; Planning Team Leader, Subdivisions; Planning Team Leader; Project Manager, Complex Consents; Planning Team Leader, Hauraki Gulf Islands; Senior Planner, Hauraki Gulf Islands; Senior Subdivisions Officer; Level 4 Planner; Senior Planner, Advice and Lodgements; Senior Planner, Resource Consents; Level 3 Planner; Level 2 Planner; Development Engineer; Manager, Central Area Planning; Group Manager, City Planning; Manager, Citywide Strategy; Manager, Heritage; Manager, Isthmus Outer Sector; Manager, Isthmus Inner Sector; Manager, Gulf Islands Sector; Lead Planner, Central Area; Level 1 Planner; Subdivision Officer; Team Leader, Hearing Commissioner
   Resource Management Act 1991	104	Duty to take matters into consideration and to exclude other matters when considering an application.	Group Manager, City Planning; Manager, Central Area Planning; Manager, Citywide Strategy; Manager, Heritage; Manager, Isthmus Outer Sector; Manager, Isthmus Inner Sector; Manager, Gulf Islands Sector; Lead Senior Planner, Central Area; Group Manager, Auckland City Environments; Manager, Regulatory Planning; Principal Planner; Appeals Manager; Manager, Environmental Health and Licensing; Manager, Resource Consents; Manager, Hauraki Gulf Islands, ACE; Planning Team Leader, Subdivisions; Planning Team Leader; Project Manager, Complex Consents; Planning Team Leader, Hauraki Gulf Islands; Senior Planner, Hauraki Gulf Islands; Senior Subdivisions Officer; Level 4 Planner; Resource Consent Monitoring Leader; Senior Planner, Advice and Lodgements; Senior Planner, Resource Consents; Level 1 Planner; Level 2 Planner; Level 3 Planner; Team Leader, Hearing Commissioner

   5. That the delegation shown at Appendix 3, page 82 of the Finance and Strategy Committee report for section 357(7) of the Resource Management Act 1991 be altered by removing the subsection (7) of the provision number and substituting the letter D and that the amended entry in the Delegations Register be accepted to read:

   Resource Management Act 1991

   357D

   Power to uphold [but not dismiss] objections.

   Group Manager, City Planning; Group Manager, Auckland City Environments; Principal Planner; Appeals Manager

   2. That council agrees to delegate to the Chairperson and Deputy Chairperson of the Finance and Strategy Committee and Councillor Northey the power to consider and approve the final wording of any further proposed amendments to the delegations in general and for the Regional Governance Committee.

   Councillor Armstrong moved the following amendment by way of substitution:

   Councillor Bhatnagar seconded:

   That the Finance and Strategy Committee report No. 01/2009 be adopted, as amended, i.e.:

   1. Governance Delegations Register Amendments
      1. That Council adopts the amendments to the Governance Delegations Register set out in the appendices attached to the Corporate Counsel Governance and Democracy's report entitled "Delegations Register", dated 16 April 2009, noting:
   1. that some delegations are being removed because they are staff delegations and others are being added because of omissions, corrections or in the case of the Regional Governance Committee further are needed:
      1. The delegations identified in appendix 1 are to be removed.
      2. The delegations in appendix 2 are to be added.
      3. The delegations in appendix 3 are to be substituted for the current corresponding delegations in order to make minor amendments to them.
   2. that the further amendments were made to the Finance and Strategy Committee meeting report no. 01/2009 as follows:

   Page No.	Delegation No.	Change
   Appendix 2
   Page 11	FS55	the words "or the Regional Governance Committee" added to the delegation description
   Page 12	RG2	capital letter inserted for Government; the words "and Parliament " inserted into delegation description
   Page 12	RG3	the words "and activities" inserted into the delegation description
   Page 12	RG4	the words "the Government" inserted into the delegation description.
   Page 12	RG6	the words "the Government" and "conditional on expressions of policy being subject to the confirmation of Council"
   Page 12	RG7	the words "to represent or" inserted into the description of the delegation.
   Page 12	RG8	New delegation suggested
   Page 15	Section 77B(2)(c)	Resource Management Act 1991 -- delete Senior Arborist
   Page 16	Section 92A(2)	Resource Management Act 1991 -- delete Senior Arborist
   Page 20	Sections 323(2)(a); 323(2)(b); 328(3) and 328(4); 328(5)	Resource Management Act 1991 - sections 323(2)(a); 323(2)(b); 328(3) and 328(4); 328(5) are new delegations added to the register as they were omitted from the first signed version in error.
   Appendix 3
   Page 23	FS3	delegation description amended to read "Oversight of ..."
   Page 24 & 25	CM21	Parks and Reserves - following words inserted into delegation description "either approve them or to..."
   Page 27	Section 88(3)	Resource Management Act 1991 - delete superfluous word "the" in delegation description.
   Page 47	Section 327	Resource Management Act 1991 - section 327 new delegation added to the register as it was omitted from the first signed version in error.

   2. That council agrees to delegate to the Chairperson and Deputy Chairperson of the Finance and Strategy Committee and Councillor Northey the power to consider and approve the final wording to these proposed amendments to the Delegations Register.

   CARRIED

   Councillor Fryer moved the following amendment:

   Councillor Northey seconded:

   That Senior Aborist be restored to the Delegate list on page 15 - Resource Management Act 1991 - section 77B(2)(c) and on page 15-16 - Resource Management Act 1991 - section 92A(2).

   LOST

   Councillor Boyle moved the following amendment by way of addition:

   Councillor Casey seconded:

   2. That delegations RG1 to RG8 are conditional upon all councillors being deemed members of the Regional Governance 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.

   His Worship the Mayor put the following substantive motion:

   That the Finance & Strategy Committee report No. 01/2009 be adopted, as amended, i.e.:

   1. Governance Delegations Register Amendments
      1. That Council adopts the amendments to the Governance Delegations Register set out in the appendices attached to the Corporate Counsel Governance and Democracy's report entitled "Delegations Register", dated 16 April 2009, noting:
   1. that some delegations are being removed because they are staff delegations and others are being added because of omissions, corrections or in the case of the Regional Governance Committee further are needed:
      1. The delegations identified in appendix 1 are to be removed.
      2. The delegations in appendix 2 are to be added.
      3. The delegations in appendix 3 are to be substituted for the current corresponding delegations in order to make minor amendments to them.
   2. that the further amendments were made to the Finance and Strategy Committee meeting report no. 01/2009 as follows:

   Page No.	Delegation No.	Change
   Appendix 2
   Page 11	FS55	the words "or the Regional Governance Committee" added to the delegation description
   Page 12	RG2	capital letter inserted for Government; the words "and Parliament " inserted into delegation description
   Page 12	RG3	the words "and activities" inserted into the delegation description
   Page 12	RG4	the words "the Government" inserted into the delegation description.
   Page 12	RG6	the words "the Government" and "conditional on expressions of policy being subject to the confirmation of Council"
   Page 12	RG7	the words "to represent or" inserted into the description of the delegation.
   Page 12	RG8	New delegation suggested
   Page 15	Section 77B(2)(c)	Resource Management Act 1991 -- delete Senior Arborist
   Page 16	Section 92A(2)	Resource Management Act 1991 -- delete Senior Arborist
   Page 20	Sections 323(2)(a); 323(2)(b); 328(3) and 328(4); 328(5)	Resource Management Act 1991 - sections 323(2)(a); 323(2)(b); 328(3) and 328(4); 328(5) are new delegations added to the register as they were omitted from the first signed version in error.
   Appendix 3
   Page 23	FS3	delegation description amended to read "Oversight of ..."
   Page 24 & 25	CM21	Parks and Reserves - following words inserted into delegation description "either approve them or to..."
   Page 27	Section 88(3)	Resource Management Act 1991 - delete superfluous word "the" in delegation description.
   Page 47	Section 327	Resource Management Act 1991 - section 327 new delegation added to the register as it was omitted from the first signed version in error.

   2. That council agrees to delegate to the Chairperson and Deputy Chairperson of the Finance and Strategy Committee and Councillor Northey the power to consider and approve the final wording to these proposed amendments to the Delegations Register.

   CARRIED

   Councillor Casey requested her vote against the motion be recorded.

9. REGIONAL GOVERNANCE COMMITTEE REPORT NO 1/2009

   The minutes from the Regional Governance Committee meeting held on 15 April 2009 were tabled.

   [ATTACHMENT 9A]

   Deputy Mayor David Hay moved:

   Councillor Goldsmith seconded:

   That the Regional Governance Committee report No. 1/2009 be adopted, i.e.:

   Delegations of the Regional Governance Committee

   That a nominee of the Community Board Chairs, currently Community Board Chair Bruce Kilmister, be added to the Regional Governance Committee as a non voting member.

   Councillor Easte moved the following amendment by way of replacement:

   Councillor Roche seconded:

   1. That a nominee of the Community Board chairs, currently Community Board Chair Bruce Kilmister, be added to the Regional Governance Committee as a full member.

   LOST

   Councillor Fryer moved the following amendment by way of addition:

   Councillor Casey seconded:

   3. That all council consideration of regional governance issues be conducted at notified public meetings of the Regional Governance Committee and the council.

   The Chairman ruled the above amendment out of order pursuant to Standing Order 2.18.11 (amendments relevant).

   His Worship the Mayor put the following substantive motion:

   That the Regional Governance Committee report No. 1/2009 as amended be adopted, i.e.:

   Delegations of the Regional Governance Committee

   That a nominee of the Community Board Chairs, currently Community Board Chair Bruce Kilmister, be added to the Regional Governance Committee as a non-voting member.

   CARRIED

   Councillor Boyle moved:

   His Worship the Mayor seconded:

   That item 18 be taken at this point.

   CARRIED

10. HEARINGS PANEL REPORT NO. 3/2009

    Councillor Mulholland moved:

    Councillor Christian seconded:

    That the recommendations contained in the Hearings Panel report No. 3/2009 be adopted, ie:

    Recommendations to Amend the Auckland City Council Traffic Bylaw 2006

    That following the special consultation procedure undertaken, council resolves:

    1. To adopt the proposed amendments of the Traffic bylaw 2006 as outlined in Attachment A of the report of the Hearings Panel dated 30 March 2009.
    2. That the amendments to the Traffic bylaw 2006 come into force on 23 April 2009.
    3. That pursuant to clause 25.2.2 of the Traffic Bylaw 2006 (as amended), that the contents of Schedule 1 and 1a designating roads (or where applicable parts of roads) where vehicles must travel only in the direction specified, continue in effect. The roads referred to are contained in attachment C1 of the report of the Hearings Panel dated 30 March 2009.
    4. That pursuant to clauses 25.7.1 and 25.7.2 of the Traffic Bylaw 2006 (as amended), that the contents of Schedule 2 designating any area or areas where entry by any heavy motor vehicle is prohibited for the purposes of clause 25.7.1, continue in effect. The area or areas referred to are contained in attachment C2 of the report of the Hearings Panel dated 30 March 2009.
    5. To approve the amendment of the delegations issued by the council on 18 December 2008 in accordance with Attachment D of the report of the Hearings Panel dated 30 March 2009.

    CARRIED

11. HEARINGS PANEL REPORT NO. 4/2009

    Councillor Armstrong, Councillor Millar and Councillor Roche declared a conflict of interest and neither spoke nor voted on this item.

    Councillor Fryer moved:

    Councillor Christian seconded:

    That the recommendations contained in the Hearings Panel report No. 4/2009 be adopted, ie:

    Recommendations on Plan Change 219 to the Auckland City Operative District Plan 1999 - Isthmus Section

    1. That, pursuant to sections 37 and 37A of the Resource Management Act 1991, the hearing panel waive the failure to comply with the time limit for lodging a submission, in respect of submissions by
       • Dr Adriana Gunder (submission 213)
       • Lorna Stansfield (submission 214)
       • Maria Boddington (submission 215)

    for the reasons that these submissions were received less than 5 working days out of time, they seek relief that is already covered by other submissions, and the applicant had no objection.

    2. That, pursuant to Clause 10 and 29 of the first schedule to the Resource Management Act 1991, Proposed Private Plan Change 219 to re-zone 3,0770 hectares at 223 Kohimarama Road from Special Purpose 2 (Education) to Special Purpose 1 (Health), comprised in certificates of Title NA/132397 (Lot 1 DP 332284) and 451m2 at 7 John Rymer Place, NA/98B/894 (Lot 51 DP 163242 from Residential 6a to Special Purpose 2 (Health), and apply Concept Plan C14-05: Kohimarama Retirement Village to the Auckland City Council District Plan 1999: Isthmus Section - be approved with modifications to the Concept Plan which are set out in Appendix 1 of the report of the Hearings Panel dated 2 April 2009.
    3. That, pursuant to Clause 10 of the first schedule to the Resource Management Act 1991, and for the reasons outlined in the report of the Hearings Panel dated 2 April 2009, the submissions be accepted, accepted in part or rejected and the further submissions made in support or opposition to the prime submissions be accepted, accepted in part or rejected accordingly.

    CARRIED

12. HEARINGS PANEL REPORT NO. 5/2009

    Councillor Lotu-Iiga moved:

    Councillor Millar seconded:

    That the recommendations contained in the Hearings Panel report No. 5/2009 be adopted, ie:

    Recommendations to Introduce a New Dog Policy and Dog Control Bylaw

    1. That a new dog control bylaw and dog policy outlined in appendix three and appendix four respectively of the report of the Hearing Panel dated 26 March 2009 be adopted.
    2. That the new Dog Control Bylaw 2009 and Dog Policy come into force on 1 June 2009.
    3. That the existing Dog Control Bylaw (2004) and Dog Policy (2004) be revoked on 1 June 2009.
    4. That council officers investigate whether or not the council should request the Minister of Conservation to designate Tahuna Torea reserve as a nature reserve because of its importance to migratory birds and this matter be reported to the August 2009 City Development Committee for further consideration.
    5. That City Planning commence consultation in October 2009 with dog owners and members of the public on amendments to the dog policy and dog bylaw, which will address:
       1. the extent of the off-leash dog exercise area at Heron Park
       2. the possible extension of the off-leash dog exercise at Meola Reserve and providing similar fenced off facilities in other areas of the city
       3. the provision of an off-leash dog exercise area in Monte Cecilia Park
       4. providing a beach available all year round on Waiheke (e.g. Owhanake) for the off-leash exercise of dogs
       5. providing beaches within the city that should be available at some time during the day during the summer period for off-leash exercise
       6. providing a specific dog beach or beaches on the isthmus available for off-leash exercise of dogs at all times.

    Councillor Lotu-Iiga moved the following amendment by way of addition:

    Councillor Millar seconded:

    4. providing a beach or beaches available all year round on Waiheke (e.g. Owhanake, Hooks Lane, Anzac Bay) for the off-leash exercise of dogs.

    6. That council extends its thanks to the 266 residents who made written submissions on the dog policy and dog bylaw by 2 May 2008; to the 40 residents who made verbal submissions over four days in May/June 2008, and also thanks the 10 Community Boards for their useful feedback on dogs and beaches.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the Hearings Panel report No. 5/2009 as amended, be adopted, ie:

    Recommendations to Introduce a New Dog Policy and Dog Control Bylaw

    1. That a new dog control bylaw and dog policy outlined in appendix three and appendix four respectively of the report of the Hearing Panel dated 26 March 2009 be adopted.
    2. That the new Dog Control Bylaw 2009 and Dog Policy come into force on 1 June 2009.
    3. That the existing Dog Control Bylaw (2004) and Dog Policy (2004) be revoked on 1 June 2009.
    4. That council officers investigate whether or not the council should request the Minister of Conservation to designate Tahuna Torea reserve as a nature reserve because of its importance to migratory birds and this matter be reported to the August 2009 City Development Committee for further consideration.
    5. That City Planning commence consultation in October 2009 with dog owners and members of the public on amendments to the dog policy and dog bylaw, which will address:
       1. the extent of the off-leash dog exercise area at Heron Park
       2. the possible extension of the off-leash dog exercise at Meola Reserve and providing similar fenced off facilities in other areas of the city
       3. the provision of an off-leash dog exercise area in Monte Cecilia Park
       4. providing a beach or beaches available all year round on Waiheke (e.g. Owhanake, Hooks Lane, Anzac Bay) for the off-leash exercise of dogs
       5. providing beaches within the city that should be available at some time during the day during the summer period for off-leash exercise
       6. providing a specific dog beach or beaches on the isthmus available for off-leash exercise of dogs at all times.
    6. That council extends its thanks to the 266 residents who made written submissions on the dog policy and dog bylaw by 2 May 2008; to the 40 residents who made verbal submissions over four days in May/June 2008, and also thanks the 10 Community Boards for their useful feedback on dogs and beaches.

    CARRIED

13. HEARINGS PANEL REPORT NO. 6/2009

    Councillor Northey declared a conflict of interest and neither spoke nor voted on this item.

    Councillor Mulholland moved:

    Councillor Fryer seconded:

    That the recommendations contained in the Hearings Panel report No. 6/2009 be adopted, ie:

    1. i Report and Recommendations of the Hearing Panel on Submissions to Plan Change 217, Additions to the Heritage Schedule - Isthmus District Plan, Building 5, Greenlane Hospital, 210 Greenlane Road West
       1. That for the reasons traversed in the report of the Hearing Panel, dated 20 March 2009, that it reject the submission by Bruce Northey on behalf of the Auckland District Health Board (3/1) and that it accept the submission of the New Zealand Historic Places Trust (16/1) insofar as it relates to Building 5 and also accept the further submission of Dale Pearce and others (9).
       2. That it accept that part of Plan Change 217 which proposed the addition of Building 5, Greenlane Hospital, 210 Greenlane Road West to the heritage schedule in the operative Auckland City District Plan 1999 - Isthmus Section, subject to the modifications to the proposed protection of the building surrounds as shown in the plan attached to the report of the Hearing Panel dated 20 March 2009.
    2. ii Report and Recommendations of the Hearing Panel on Submissions to Plan Change 217, Additions to the Heritage Schedule - Isthmus District Plan, at 123 Grafton Road, Grafton; 1218-1220 Great North Road, Point Chevalier; 465-475 Khyber Pass Road, Newmarket; 24 Mountain Road Epsom; 537 Mt Eden Road, Mt Eden; 143-149 Newton Road, Eden Terrace and 118-126 Ponsonby Road, Ponsonby
    1. That the submissions and further submissions be accepted, accepted in part or rejected as outlined in the report of the Hearing Panel, dated 8 April 2009.
    2. That, as a result of the decisions on the submissions, Plan Change 217 be modified as follows:
       1. The building and property at 24 Mountain Road, Epsom, known as the Nurse's Residential Club, be deleted from Plan Change 217
       2. The later addition to the Orange Ballroom at 143-149 Newtown Road, Newton, be deleted from the schedule, but retained within the site surrounds as shown in Appendix 7 to the planner's report dated 12 February 2009, which is attached at Annexure 1 to the report of the Hearings Panel dated 8 April 2009. This requires an amendment to Part B: iv definitions and Part D: Appendix B Planning Maps of Plan Change 217
       3. The later addition (toilet block) to the commercial building at 118-126 Ponsonby Road, Ponsonby, be deleted from the schedule, but retained within the site surrounds as shown in Appendix 7 to the planner's report dated 12 February 2009, which is attached at Annexure 1 to the report of the Hearings Panel dated 8 April 2009 and the interior of the original lean-to be excluded from the schedule.  This requires an amendment to Part B: iv definitions and Part D: Appendix B Planning Maps of Plan Change 217.

    CARRIED

14. REMUNERATION WORKING PARTY REPORT NO. 01/2009

    Deputy Mayor David Hay moved:

    Councillor Christian seconded:

    That the recommendations contained in the report of the Remuneration Working Party report No. 01/2009 be adopted, ie:

    Remuneration Pool 2009/2010 and Expense and Reimbursement Policy

    1. That there be no increases in the rates of remuneration for elected representatives for 2009/2010.
    2. That an amount of $70,000 be set aside for the 2009/2010 meeting fee pool to cover Resource Management Act hearing requirements and the criteria be extended to include business related to the implementation of the restructure of the Auckland region.
    3. That the travel policy for elected representatives be amended to reflect that:
       1. a business case submitted to a committee is no longer required for trans Tasman travel
       2. community board travel is no longer funded from a board's discretionary fund and that a separate training budget be established
       3. when more than one community board member is travelling to the same event/function at cost to council outside of the Auckland region that the approval of the Mayor and Deputy Mayor is required
       4. meal expenses cannot be claimed when the private accommodation allowance is also being claimed.
    4. That officers be requested to prepare a submission from council to the Remuneration Authority rejecting the proposed change to the motor vehicle mileage allowance for elected members and supporting the status quo, i.e:
       1. not paid for travel to and from caucus meetings
       2. only travel by the most direct route from home to council approved meetings
       3. council retains the ability to set its own capping system on mileage allowances for travel within the Auckland region
       4. all claims must be made and processed in the council's financial year in which the cost was incurred.

    Councillor Northey moved the following amendment by way of replacement:

    Councillor Easte seconded:

    1. That there be no increase in the remuneration for Councillors for 2009/2010 and that the rate of remuneration for community board chairs be set at $22,500 per annum and for community board members at $11,700 per annum.

    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 His Worship the Mayor	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

    
    Councillor Greg Moyle was absent.

    The amendment was declared LOST by 12 votes to 7.

    His Worship the Mayor moved the following amendment:

    Deputy Mayor David Hay seconded:

    That Auckland City Council advise the Higher Salaries Commission that it supports the request of His Worship the Mayor of Auckland City to the effect that his own salary not be increased at this time.

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

    For the Amendment:		Against the Amendment:
    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	Councillors:	Leila Boyle Cathy Casey Bill Christian Graeme Easte Glenda Fryer Richard Northey Denise Roche

    
    Councillor Greg Moyle was absent.

    The amendment was declared CARRIED by 12 votes to 7.

    The amendment became the substantive motion.

    His Worship the Mayor put the following substantive motion:

    That the recommendations contained in the report of the Remuneration Working Party report No. 01/2009 as amended, be adopted, ie:

    Remuneration Pool 2009/2010 and Expense and Reimbursement Policy

    1. That there be no increases in the rates of remuneration for elected representatives for 2009/2010.
    2. That an amount of $70,000 be set aside for the 2009/2010 meeting fee pool to cover Resource Management Act hearing requirements and the criteria be extended to include business related to the implementation of the restructure of the Auckland region.
    3. That the travel policy for elected representatives be amended to reflect that:
       1. a business case submitted to a committee is no longer required for trans Tasman travel
       2. community board travel is no longer funded from a board's discretionary fund and that a separate training budget be established
       3. when more than one community board member is travelling to the same event/function at cost to council outside of the Auckland region that the approval of the Mayor and Deputy Mayor is required
       4. meal expenses cannot be claimed when the private accommodation allowance is also being claimed.
    4. That officers be requested to prepare a submission from council to the Remuneration Authority rejecting the proposed change to the motor vehicle mileage allowance for elected members and supporting the status quo, i.e:
       1. not paid for travel to and from caucus meetings
       2. only travel by the most direct route from home to council approved meetings
       3. council retains the ability to set its own capping system on mileage allowances for travel within the Auckland region
       4. all claims must be made and processed in the council's financial year in which the cost was incurred.
    5. That Auckland City Council advise the Higher Salaries Commission that it supports the request of His Worship the Mayor of Auckland City to the effect that his own salary not be increased at this time.

    CARRIED

15. CHIEF EXECUTIVE'S APRIL 2009 REPORT

    Questions and answers raised by Councillors to the Chief executives report were tabled.

    [ATTACHMENT 15A]

    His Worship the Mayor moved:

    Councillor Casey seconded:

    That the council notes the significant matters highlighted within the Chief executive's report dated 16 April 2009.

    CARRIED

    His Worship the Mayor vacated the chair at 9:03pm and the Deputy Mayor assumed the chair.

    His Worship the Mayor resumed the chair at 9:12pm.

16. FOOTPATH MAINTENANCE AND RENEWAL CONTRACTS

    Answers to questions raised by Bernard Orsman from the New Zealand Herald were tabled.

    [ATTACHMENT 16A]

    Councillor Baguley moved:

    Councillor Lister seconded:

    1. That the council notes:
       1. that in order to procure services that are essential for maintaining and improving a safe and effective footpath network in Auckland City, a comprehensive, competitive tender process to obtain best value for Auckland City ratepayers has been undertaken
       2. the excellent financial results achieved for council's ratepayers as a result of this tender process, generating substantial multi year savings, together with the maintenance of high standards of customer service in the way footpath work is undertaken
       3. that in view of various allegations made about the procurement process, and given the council's commitments to high standards of probity, council's Risk and Assurance manager obtained an independent audit of the procurement process by the firm Christmas Gouwland Limited and that the outcome of the review by this firm is that the process in arriving at the preferred tenderers has achieved suitable standards of probity
       4. that the Chief executive will continue to investigate any current or future allegations relating to the council's procurement processes in accordance with normal practice with appropriate reporting to relevant council committees, and further notes that the chief executive's assurance that none of the investigations of allegations made to date have any impact on the probity of the process leading to the recommendation regarding the footpath contract
       5. that the Chief executive's undertaking that the suggestions made by Christmas Gouwland Limited for further improvement for council's procurement process will be incorporated into the council's business rules.
    2. That the following contracts be approved:

       Contract PW/08/589
       

       1. Footpath Renewals, covering the southern area of isthmus for a two year period, awarded to John Fillmore Contractors for the sum of $8,018,500 on the basis that they are awarded both PW/08/589 and PW/08/591. The final two year sum will be determined by the budget allocated by Council through the annual planning process.
       2. That an allowance of 10% of the tender sum be approved to cover cost fluctuations, unforeseen circumstances and minor works.
          
       Contract PW/08/591
       
       1. Footpath Renewals, covering the eastern area of isthmus for a two year period, awarded to John Fillmore Contractors for the sum of $11,753,400 on the basis that they are awarded both PW/08/589 and PW/08/591. The final two year sum will be determined by the budget allocated by Council through the annual planning process.
       2. That an allowance of 10% of the tender sum be approved to cover cost fluctuations, unforeseen circumstances and minor works.

    CARRIED

17. NOTICE OF MOTION - DISTINGUISHED CITIZENS AWARD

    His Worship the Mayor moved:

    Councillor Bhatnagar 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 Fryer
       • Councillor Raffills

    CARRIED UNANIMOUSLY

18. NOTICE OF MOTION - AUCKLAND REGIONAL GOVERNANCE ADVOCACY

    Councillor Northey moved:

    Councillor Easte seconded:

    That council records its concern about the following matters as issues in relation to Regional Governance reorganisation for advocacy by the City Council, preferably in concert with other councils in the region:

    1. hybrid representation, including 8 members elected at large, on the Auckland Council when single member wards for all Councillors would be preferred
    2. inappropriate and divisive executive powers proposed for the Mayor of the Auckland Council
    3. inadequate Maori participation and representation
    4. Inadequate powers and roles for the Local Boards
    5. excessive need for the Auckland Council to involve itself in small and local issues at the expense of key and strategic issues
    6. inadequate mechanisms for the local boards to participate in and influence the decision making of the Auckland Council
    7. lack of a mechanism for a political overview of the needs of the sub-regional areas currently covered by city and district councils
    8. lack of mechanisms to ensure effective shared governance, partnership and collaboration between the Auckland Council and Central Government, particularly over social well-being, transport and economic development
    9. lack of mechanisms to ensure that the Auckland Council and the local boards actively promote social well-being effectively
    10. an excessive reliance on the private sector and Council Controlled Organisations to deliver essential activities and services that ought to be directly, democratically accountable.

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

    Councillor Bhatnagar seconded:

    That the Regional Governance Committee, in the course of its business, will be considering all major issues relating to government's proposed restructuring of Auckland's regional governance including:

    1. representation issues
    2. the proposed mayoral powers
    3. powers and roles for the local boards, including mechanisms for influencing decision making of the Auckland Council on local issues
    4. possible mechanisms for managing needs of the sub-regional areas currently covered by city and district councils
    5. mechanisms that encourage collaboration between the Auckland Council and central government, particularly over social well-being, transport and economic development
    6. the role for Council Controlled Organisations (CCOs), other advisory boards and agencies.

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

    For the Amendment:		Against the Amendment:
    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 amendment was declared CARRIED by 13 votes to 6.

    The amendment became the substantive motion.

    Councillor Casey moved the following amendment by way of addition:

    Councillor Roche seconded:

    11. That Government ensures the new legislation includes measures to require an elected member within the new structure (Mayor, Auckland Councillor or Local Board Member) to resign that position if elected as a Member of Parliament.

    The above amendment was ruled out of order pursuant to Standing Order 2.18.11 (amendments relevant).

    Councillor Boyle moved the following amendment by way of addition:

    Councillor Fryer seconded:

    11. That greater certainty, and legislative or equivalent protection, be provided for council employees similar to that applying to the last major reorganisation of Auckland's local government that occurred in 1989.

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

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

    
    Councillor Greg Moyle was absent.

    The amendment was declared LOST by 13 votes to 6.

    His Worship the Mayor put the following substantive motion with the addition of a new (vii):

    That the Regional Governance Committee, in the course of its business, will be considering all major issues relating to government's proposed restructuring of Auckland's regional governance including:

    1. representation issues
    2. the proposed mayoral powers
    3. powers and roles for the local boards, including mechanisms for influencing decision making of the Auckland Council on local issues
    4. possible mechanisms for managing needs of the sub-regional areas currently covered by city and district councils
    5. mechanisms that encourage collaboration between the Auckland Council and central government, particularly over social well-being, transport and economic development
    6. the role for Council Controlled Organisations (CCOs), other advisory boards and agencies
    7. consideration of staffing and general employment issues.

    CARRIED

    Councillors Casey and Roche requested their vote against the motion be recorded.

    His Worship the Mayor moved:

    Deputy Mayor David Hay seconded:

    That item 21 be considered at this point.

    CARRIED

19. 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	Auckland Art Gallery Development - Variations to Contract	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)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. Section 7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the matter is part of a contract negotiation and is therefore considered commercially sensitive.	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

20. NOTICE OF MOTION - REGIONAL GOVERNANCE COMMITTEE MEMBERSHIP

    Secretarial note: This item was not contained on the agenda and was introduced as an extraordinary item by resolution under item 6.

    Councillor Fryer requested an extraordinary item of business be considered regarding the membership of the Regional Governance Committee.

    [ATTACHMENT 20]

    Councillor Fryer moved:

    Councillor Casey seconded:

    That the Regional Governance Committee (currently comprising Councillors Hay, Armstrong, Bhatnagar and Northey and the Mayor) be opened up to include all Auckland City Councillors as voting members to ensure democratic participation of all elected members in the transition process.

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

    Councillor Armstrong seconded:

    That it be noted that under the delegations of the Regional Governance Committee (RG6), all Councillors will get the opportunity to debate matters of policy at the council meeting.

    CARRIED

    His Worship the Mayor put the following substantive motion:

    That it be noted that under the delegations of the Regional Governance Committee (RG6), all Councillors will get the opportunity to debate matters of policy at the council meeting.

    CARRIED

    Councillors Casey and Boyle wished their votes against the motion to be recorded.

21. NOTICE OF MOTION - DIRECTORS REVIEW AND APPOINTMENTS SUB-COMMITTEE MEMBERSHIP

    Secretarial note: This item was not contained on the agenda and was introduced as an extraordinary item by resolution under item 6.

    Councillor Armstrong tabled a notice of motion to replace Councillor Bhatnagar with Councillor Goldsmith on the Directors Review and Appointments Sub-committee.

    [ATTACHMENT 21]

    Councillor Armstrong moved:

    Councillor Lister seconded:

    That Councillor Goldsmith replace Councillor Bhatnagar as a member of the Directors Review and Appointments Sub-committee effective immediately.

    Councillor Northey moved the following amendment:

    Councillor Boyle seconded:

    That Councillor Fryer be added as a member of the Directors Review and Appointments Sub-committee.

    LOST

    His Worship the Mayor put the following substantive motion:

    That Councillor Goldsmith replace Councillor Bhatnagar as a member of the Directors Review and Appointments Sub-committee, effective immediately.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 9:42pm.