APOLOGIES
Deputy Mayor David Hay moved:
Councillor Christian seconded:
That the apologies from Councillor Goldsmith for non-attendance and Councillor
Lotu-Iiga for lateness be accepted.
CARRIED
MINUTES
His Worship the Mayor moved:
Deputy Mayor David Hay seconded:
That the minutes of the ordinary meeting of council held on Thursday, 23 April
2009 be confirmed as a true and correct record.
CARRIED
LEAVE OF ABSENCE
There were no requests for leave of absence.
PETITIONS
There were no petitions.
DEPUTATIONS
5.1 DEPUTATION - IAN McINNES, TEARFUND - RESTORATION OF ACCESS BY AID AGENCIES
Mr
McInnes, TEAR Fund representative and Ms Vijikala Ratnavel, Tamil
representative, addressed the meeting seeking council support to take an
advocacy role in requesting the New Zealand Government to strengthen its
diplomatic stance on the situation in Sri Lanka by calling for full and
unhindered access for humanitarian agencies to the affected civilians and for
appropriate international monitoring. Ms Vijikala Ratnavel tabled documentation
to support her deputation.
[ATTACHMENT 5.1]
His Worship the Mayor moved:
Councillor Moyle seconded:
That Mr McInnes, TEAR
Fund representative and Ms Vijikala Ratnavel, Tamil representative be thanked
for their submission.
CARRIED
5.2 DEPUTATION - MS PENNY BRIGHT
Ms
Bright tabled documentation supporting her address to council regarding
Metrowater price increases, Auckland regional governance matters including the
Local Government (Tamaki Makaurau Reorganisation) Act 2009, and a pending
Auckland regional 'rates revolt'.
[ATTACHMENT 5.2]
Secretarial note: A member of the public was video recording the meeting.
A point of order was raised as to whether the chairperson had been advised of
this before the commencement of the meeting. Advice was given that this was not
the case.
His Worship the Mayor, pursuant to Standing Order 2.20.15 (reporting of
meetings) requested the member of public to stop video recording the meeting.
The standing order states that any recording of meetings must be notified to
the chairperson at the commencement of the meeting. The Mayor had not been
notified, therefore His Worship the Mayor ruled that the member of public, by
continuing to video the meeting, was deemed to be a disruption under section 50
of the Local Government Official Information and Meetings Act 1987. It also
appeared that the video camera interfered with the sound system.
Ms Bright and Ms Prager, who had originally been granted speaking rights,
objected to the Mayor's ruling in a vocal way. The Mayor then ruled pursuant to
Standing Order 2.13.4 (termination of deputation if disrespectful) that their
speaking rights were withdrawn and pursuant to Standing Order 2.20.10
(suspension of meeting following disorder) adjourned the meeting at 6:21pm.
The meeting reconvened at 6:32pm.
EXTRAORDINARY BUSINESS
6.1 EXTRAORDINARY BUSINESS - COUNCILLOR EASTE - NOTICE OF MOTION RESTORATION OF ACCESS BY AID AGENCIES IN SRI LANKAN WAR ZONE
Councillor Easte moved:
Councillor Northey seconded:
That
an extraordinary item of business be considered as item 14 regarding Auckland
City Council taking an advocacy role to request the New Zealand Government to
strengthen its diplomatic stance on the situation in Sri Lanka by calling for
full and unhindered access for humanitarian agencies to the affected civilians
and for appropriate international monitoring; noting the reason for urgency as
being humanitarian suffering.
A
division was called for, voting on which was as follows:
| For the
Motion: |
Against the
Motion: |
| Councillors: |
Leila Boyle Cathy Casey
Mark Donnelly
Graeme Easte
Glenda Fryer
Richard Northey
Denise Roche |
Councillors: |
Douglas Armstrong Ken Baguley
Aaron Bhatnagar
Bill Christian
Deputy Mayor David Hay
John Lister
Peseta Sam Lotu-Iiga
Toni Millar
Greg Moyle
Graeme Mulholland
Noelene Raffills
His Worship the Mayor |
Councillor Paul Goldsmith was absent.
The
motion was declared LOST by 12 votes to 7.
REPORTS OF COMMITTEES
CITY DEVELOPMENT COMMITTEE REPORT NO. 04/2009
Councillor Bhatnagar moved:
Councillor Christian seconded:
That the City Development
Committee report No. 4/2009 be adopted, i.e.:
Revocation of the Radio Frequency Fields Bylaw
That council endorses the
statement of proposal to revoke the Radio Frequency Fields Bylaw 2008 and
commences the special consultative process to revoke the bylaw.
Councillor Easte moved the following amendment by way of addition:
Councillor Roche seconded:
- That the City Development Committee Chair write
again to the Government requesting a change in legislation so that Councils may
again apply bylaws that have more stringent standards on radio frequency fields
than national environmental standards, taking into account health concerns,
particularly for vulnerable populations.
CARRIED
His
Worship the Mayor put the following substantive motion:
That the City
Development Committee report No. 4/2009, as amended, be adopted, i.e.:
Revocation of the Radio Frequency Fields Bylaw
- That council endorses the statement of proposal to revoke the Radio
Frequency Fields Bylaw 2008 and commences the special consultative process to
revoke the bylaw.
- That the City Development Committee Chair
write again to the Government requesting a change in legislation so that
Councils may again apply bylaws that have more stringent standards on radio
frequency fields than national environmental standards, taking into account
health concerns, particularly for vulnerable populations.
CARRIED
FINANCE AND STRATEGY COMMITTEE REPORT NO. 2/2009
Councillor Armstrong moved:
Deputy Mayor David Hay seconded:
That
the Finance and Strategy Committee report No. 4/2009 be adopted, i.e.:
Revision of the Auckland City Council's Policy on Appointment and Remuneration
of Board Members of Council Organisations, and the Board Members' Guide
- That the proposed
amendments to the policy on appointment and remuneration of board members of
council organisations, to bring the document up to date with current council
decisions and practice, for distribution to all members of council boards, be
approved.
- That the updated
board members' guide for distribution with the above board appointment and
remuneration policy, to ensure all board members understanding of their roles,
responsibilities and relationships with council are maintained in line with
current procedures, be approved.
- That the
introduction of independent and external board reviews normally every two years,
with each review tailored to the current circumstances relevant to each board at
the time of the review, be approved.
- That the Chairperson
of the Directors Review and Appointment Subcommittee be delegated to notify the
Chairs of Auckland City Council boards of the changes to these documents,
pending Council's approval.
- That it be noted
that under the Local Government (Auckland Reorganisation) Bill, the Chief
Executive must ensure that any decision made by the council to adopt or amend a
policy concerning the appointment or remuneration of directors of a council
controlled organisation must be confirmed in writing by the Transition Agency
before implementation.
Councillor Armstrong moved the
following amendment by way of substitution:
Deputy Mayor David Hay seconded:
- That it be noted that under the Local Government (Tamaki Makaurau
Reorganisation) Act 2009, the Chief Executive must ensure that any decision made
by the council to adopt or amend a policy concerning the appointment or
remuneration of directors of a council controlled organisation must be confirmed
in writing by the Auckland Transition Agency before implementation.
CARRIED
Councillor Northey moved the following amendment by way of substitution:
Councillor Casey seconded:
Revision of the Auckland City
Council's Policy on Appointment and Remuneration of Board Members of Council
Organisations, and the Board Members' Guide
- That the updated board members' guide for distribution with the above
board appointment and remuneration policy, to ensure all board members
understanding of their roles, responsibilities and relationships with council
are maintained in line with current procedures, be approved once the last
paragraph of section 3.2, page 37 of the policy (page 53 of the agenda) has been
amended to read:
"In the Statement of Intent
(SOI) of each entity, Council has requested quarterly reports. Auckland City
Council's policy is for SOI and any other reporting by a board to be conducted
on a public committee agenda but recognises certain facets require
confidentiality. Public interest and confidentiality requirements will
therefore be considered when reviewing SOI and other board reporting.
CARRIED
His
Worship the Mayor put the following substantive motion:
That the Finance and Strategy Committee report No. 4/2009, as amended, be
adopted, i.e.:
Revision of the Auckland City Council's Policy on Appointment and Remuneration
of Board Members of Council Organisations, and the Board Members' Guide
- That the proposed
amendments to the policy on appointment and remuneration of board members of
council organisations, to bring the document up to date with current council
decisions and practice, for distribution to all members of council boards, be
approved.
- That the updated board members' guide for distribution with the
above board appointment and remuneration policy, to ensure all board members
understanding of their roles, responsibilities and relationships with council
are maintained in line with current procedures, be approved once the last
paragraph of section 3.2, page 37 of the policy (page 53 of the agenda) has been
amended to read:
"In the Statement of Intent
(SOI) of each entity, Council has requested quarterly reports. Auckland City
Council's policy is for SOI and any other reporting by a board to be conducted
on a public committee agenda but recognises certain facets require
confidentiality. Public interest and confidentiality requirements will
therefore be considered when reviewing SOI and other board reporting."
- That the
introduction of independent and external board reviews normally every two years,
with each review tailored to the current circumstances relevant to each board at
the time of the review, be approved.
- That the
Chairperson of the Directors Review and Appointment Subcommittee be delegated to
notify the Chairs of Auckland City Council boards of the changes to these
documents, pending Council's approval.
- That it be noted that under the Local Government (Tamaki Makaurau
Reorganisation) Act 2009, the Chief Executive must ensure that any decision made
by the council to adopt or amend a policy concerning the appointment or
remuneration of directors of a council controlled organisation must be confirmed
in writing by the Auckland Transition Agency before implementation.
CARRIED
REGIONAL GOVERNANCE COMMITTEE
Deputy Mayor David Hay moved:
Councillor Bhatnagar seconded:
That the Regional
Governance Committee report No. 2/2009 be adopted, i.e.:
Regional Governance Update
That the
report of the Strategy office advisor, dated 1 May 2009, the letter dated 17
April 2009 to the Minister of Transport from the Auckland Regional Council
Chairman and the minutes of the 14 May 2009 Regional Governance Committee, be
received.
Councillor Boyle moved the following amendment by way of addition:
Councillor Easte seconded:
- That Council endorse the request by the Chair of the Auckland Regional
Council (pages 68-70 of the agenda) for the Government to reconsider its
apparent decision to establish a regional transport authority at arms length
from the Auckland Council through a Council Controlled Organisation or similar
model.
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
Deputy Mayor David Hay
John Lister
Peseta Sam Lotu-Iiga
Toni Millar
Greg Moyle
Graeme Mulholland
Noelene Raffills
His Worship the Mayor |
Councillor Paul Goldsmith was absent.
The
amendment was declared LOST by 13 votes to 6.
Councillor Fryer moved the following amendment by way of addition:
Councillor Casey seconded:
- That the Mayor contact Auckland City Council's:
- sister cities
of Brisbane, Guangzhou, Fukuoka, Busan, Los Angeles;
- friendship
cities of Shunagawa and Tamioka; and
- strategic
partner of Hamburg
to explain the upcoming
reorganisation of the Auckland region's governance and communicate the city's
firm resolve to retain and strengthen these important economic, social and
cultural relationships.
The above
amendment was ruled 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. 2/2009 be adopted, i.e.:
Regional Governance Update
That
the report of the Strategy office advisor, dated 1 May 2009, the letter dated 17
April 2009 to the Minister of Transport from the Auckland Regional Council
Chairman and the minutes of the 14 May 2009 Regional Governance Committee, be
received.
CARRIED
Deputy
Mayor David Hay moved:
Councillor Raffills seconded:
That item 10 be taken after the confidential item C1.
CARRIED
REPORTS OF OFFICERS
CHIEF EXECUTIVE'S MAY 2009 REPORT
Questions and answers raised by Councillors to the Chief executives report were
tabled.
[ATTACHMENT 10A]
His Worship the Mayor moved:
Councillor Bhatnagar seconded:
That the council notes the
significant matters highlighted within the Chief executive's report dated 20 May
2009.
Councillor Bhatnagar moved the following amendment
Councillor Raffills
seconded:
That council officers be
congratulated for winning the top local government website award for 2009.
CARRIED
His
Worship the Mayor moved the following amendment:
Councillor Millar seconded:
That Mrs Kaye Thomas be
thanked for the hard work she put into bringing together the gallery of mayoral
photographs on display on the ground floor of the Auckland Town Hall.
CARRIED
His Worship the Mayor put
the following substantive motion:
- That the council notes the significant matters highlighted within the
Chief executive's report dated 20 May 2009.
- That council officers be congratulated for winning the top local
government website award for 2009.
- That Mrs Kaye Thomas be thanked for the hard work she put into
bringing together the gallery of mayoral photographs on display on the ground
floor of the Auckland Town Hall.
CARRIED
EDEN-ALBERT COMMUNITY BOARD BY-ELECTION
His Worship the Mayor moved:
Deputy Mayor David Hay seconded:
That
the council notes the election of Simon Mitchell to the Eden-Albert Community
Board.
Councillor Fryer moved the following amendment by way of addition:
Councillor Casey seconded:
- That the Council notes that City Vision has won the last ever
by-election to be conducted in Auckland city.
LOST
His
Worship the Mayor put the following substantive motion:
That the council notes
the election of Simon Mitchell to the Eden-Albert Community Board.
CARRIED
COUNCILLOR APPOINTMENTS TO OUTSIDE ORGANISATIONS AND MEMBERSHIP OF COMMITTEES
Deputy Mayor David Hay moved:
Councillor Christian seconded:
- That Councillor Boyle
and Councillor Lister be appointed as members of the Regional Governance
Committee, effective immediately.
- That Councillor
Lister be appointed to the New Zealand Local Authority Traffic Institute or
Trafinz executive.
Councillor Northey moved the following amendment by way of addition:
Councillor Casey seconded:
- That, in order to get
balance in Councillor representation from all wards across the city, Councillors
Boyle, Easte, Fryer and Lister be appointed as members of the Regional
Governance Committee, effective immediately.
LOST
His
Worship the Mayor put the following substantive motion:
- That Councillor
Boyle and Councillor Lister be appointed as members of the Regional Governance
Committee, effective immediately.
- That Councillor
Lister be appointed to the New Zealand Local Authority Traffic Institute or
Trafinz executive.
CARRIED
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
His Worship the Mayor moved:
Councillor Christian 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 |
Finance & Strategy Committee report No. C1/2009 |
Public conduct of matter would be likely to result in disclosure of
information for which good reason to withhold exists under section 7. |
Section 7(2)(h) The
withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
In particular, the report contains references to the property's value
and information that may impact on the property owner's commercial
activities; identification of the site and contract terms which form the
basis of negotiations between council and the landowner; sensitive
information about council's proposed intentions for the site, which
could prejudice or disadvantage its commercial activities. |
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. |
Secretarial note: The public
were permitted back into the meeting at 7.20pm after the confidential item for
consideration of item 10.
There being no further business
His Worship the Mayor declared the meeting closed at 7:35pm.