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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 28 MAY 2009 AT 6:00PM
IN THE COUNCIL CHAMBERS
GROUND FLOOR, AUCKLAND TOWN HALL

PRESENT: His Worship the Mayor, Hon John Banks, QSO  
  Deputy Mayor David Hay, JP  
  Councillors: Douglas Armstrong, QSO [until 6:05pm item 5.1; from 6:11pm item 5.1]
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle  
    Dr Cathy Casey  
    Bill Christian, JP  
    Mark Donnelly  
    Graeme Easte  
    Glenda Fryer  
    John Lister, OBE  
    Peseta Sam Lotu-Iiga [from 6.10pm item 5.1]
    Toni Millar, JP  
    Greg Moyle, ED  
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top 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

  2. Top 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

  3. Top LEAVE OF ABSENCE

    There were no requests for leave of absence.

  4. Top PETITIONS

    There were no petitions.

  5. Top 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.

  6. Top 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

  7. Top 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:

    1. 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

    1. 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.
    2. 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

  8. Top 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

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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:

    1. 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

    1. 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

    1. 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.
    2. 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."

    3. 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.
    4. 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.
    5. 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

  9. Top 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:

    1. 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:

    1. 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

  10. Top 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:

    1. That the council notes the significant matters highlighted within the Chief executive's report dated 20 May 2009.
    2. That council officers be congratulated for winning the top local government website award for 2009.
    3. 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

  11. Top 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:

    1. 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

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

    Deputy Mayor David Hay moved:

    Councillor Christian seconded:

    1. That Councillor Boyle and Councillor Lister be appointed as members of the Regional Governance Committee, effective immediately.
    2. 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:

    1. 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:

    1. That Councillor Boyle and Councillor Lister be appointed as members of the Regional Governance Committee, effective immediately.
    2. That Councillor Lister be appointed to the New Zealand Local Authority Traffic Institute or Trafinz executive.

    CARRIED

  13. Top 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.

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