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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 25 JUNE 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
		Ken	Baguley
		Aaron	Bhatnagar
		Leila	Boyle
		Dr Cathy	Casey	[from 6:05pm item 6.1]
		Bill	Christian, JP
		Mark	Donnelly
		Graeme	Easte	[until 6:52pm item 8; from 6:54pm item 9, until 7:22pm item 10]
		Paul	Goldsmith
		John	Lister, OBE
		Peseta Sam	Lotu-Iiga, MP
		Greg	Moyle, ED	[from 6:05pm, item 6.1]
		Graeme	Mulholland, JP
		Richard	Northey, ONZM
		Noelene	Raffills
		Denise	Roche	[from 6:05pm, item 6.1]

1. APOLOGIES

   His Worship the Mayor moved:

   Deputy Mayor David Hay seconded:

   That the apologies from Councillor Millar and Councillor Fryer for non-attendance and Councillor Moyle, Councillor Roche and Councillor Casey for lateness 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, 28 May 2009 and extraordinary meetings of Council held on Friday, 12 June 2009 and Thursday, 18 June 2009 tbe confirmed as true and correct records.

   CARRIED

3. LEAVE OF ABSENCE

   There were napplications for leave of absence.

4. PETITIONS

   There were npetitions.

5. DEPUTATIONS

   There were ndeputations.

6. EXTRAORDINARY BUSINESS

   6.1 EXTRAORDINARY BUSINESS - FINANCE & STRATEGY COMMITTEE REPORT C2/2009

   Councillor Armstrong moved:

   Deputy Mayor David Hay seconded:

   That a report from the Finance and Strategy Committee (report number C2/2009) be considered as an extraordinary item of business, as item C2, in the confidential section of the meeting for the following reasons:

   1. The reason why the item is not on the agenda is that the matter was known at the time the agenda was compiled.
   2. The reason for urgency is that with the retirement of twdirectors on 30 June 2009, the appointment of a board member tthe Aotea Centre Board of Management is required tensure a minimum of six members on the board from the 1 July 2009. This is a requirement of the board policy for the Aotea Centre Board of Management (ACBM). The next Council meeting is scheduled for 23 July 2009, which does not comply with the ACBM board policy requirement.

   CARRIED

   Secretarial note: The reasons for the extraordinary item being considered in the confidential section of the meeting are set out in item 13.

   6.2 EXTRAORDINARY BUSINESS - FUTURE DEVELOPMENT AND USE OF QUEEN'S WHARF

   Councillor Northey moved:

   Councillor Easte seconded:

   That Council discuss as an extraordinary item of business, as item 14, options for the future development and use of Queen's Wharf and the best ways of achieving public input and involvement in developing ideas and making decisions on this matter for the following reasons:

   The issue:

   1. has arisen very recently;
   2. is very important tCouncil; and
   3. is a developing one.

   Therefore, it is important that Councillors and staff share their knowledge, insights and understandings on this issue at an open Council meeting at this time.

   LOST

7. REGIONAL GOVERNANCE COMMITTEE REPORT N3/2009

   Secretarial note: The Regional Governance Committee resolutions and a copy of Auckland City Council's submission and proposed changes tthe Act were circulated separately tCouncil members. A copy of this information has been made available on Council's website as attachments tthe on-line agenda.

   Deputy Mayor David Hay moved:

   Councillor Bhatnagar seconded:

   That the Regional Governance Committee report No. 3/2009 be adopted, i.e.:

   Submission on Local Government (Auckland Council) Bill

   1. That Council adopts Auckland City Council's submission on the Local Government (Auckland Council) Bill based on the following policy positions, for its submission tthe Auckland Governance Legislation Committee:

   Issue	Policy position
   Local boards	principles are included tstrengthen the role of local boards including: all local decisions should be determined at a local level, except where Auckland-wide considerations make this inappropriate more recognition should be given tthe role that local boards will have in building local identity and community (otherwise known as "place-shaping") local boards have an appropriate budget favour the lower end of the proposed range of 20-30 local boards but acknowledge that the Local Government Commission needs tundertake the work on communities of interest thelp determine the number. The Local Government Commission, when determining the number, needs t consider both the need for good local representation and the need for the boards tplay an effective role membership of the local boards trange from four tnine.
   Role of the mayor	the mayor will promote a vision for Auckland the mayor will appoint the deputy mayor the mayor will appoint the chairperson of each key strategic committee the mayor will develop the high level direction for the draft long-term council community plan and draft annual plan for consideration by the Auckland Council an executive committee will be established with the mayor and chairs of each key strategic committee taddress important issues with central government, promote the vision for Auckland and assist in the development of the mayor's high-level direction the mayor will establish a mayoral office which may be larger than the status quo.
   Representation	support a maximum of 29 councillors with a minimum of eight at large councillors, and a maximum of 21 elected by wards, with the number and proportion tbe determined by the Local Government Commission support the government's decision not tprovide Maori seats support the Auckland Council providing an appropriate mechanism tengage meaningfully with Maori ward boundaries tbe flexible tfollow population changes but the local boards may have relatively fixed boundaries tfollow communities of interest Watercare's dams, the areas upstream from the dams, and any areas containing Watercare's pipelines relating tthe dams be retained within the Auckland boundary.
   Water and wastewater integration	vertical and horizontal integration of the water and wastewater industry is supported integration led by Watercare is supported.

   2. That a working party of the Regional Governance Committee comprising of the Chairperson, Councillor Armstrong and Councillor Northey be delegated authority tfinalise the wording of the submission.
   3. That His Worship the Mayor, the Deputy Mayor and the Chief executive be delegated trepresent council at the hearings of the Auckland Governance Legislation Committee.

   Councillor Boyle moved the following amendment:

   Councillor Easte seconded:

   That the following bullet points be added tthe Local boards section:

   • principles are included tstrengthen the role of local boards including:
     • the local boards be renamed local councils or community councils
     • the local boards (local or community councils) have a clear governance role on local issues
     • triennial agreements determine the location of those roles which could be carried out at either level
   • widen the proposed range t15-36 local boards but acknowledge that the Local Government Commission needs tundertake the work on communities of interest thelp determine the number. The Local Government Commission, when determining the number, needs tconsider both the need for good local representation and the need for the boards tplay an effective role, while noting that all the areas currently having a community board in Auckland City are fully capable of carrying this out
   • local boards (local or community councils) shall be represented on a Unitary Assembly or Regional Forum together with Auckland Council members and alsjoint committees and working parties with the Auckland Council.

   LOST

   Councillor Northey moved the following amendment:

   Councillor Donnelly seconded:

   That the following amendments be made tthe Role of the Mayor section:

   • the Auckland Council, not the mayor, will appoint the deputy mayor
   • the Auckland Council, not the mayor, will appoint the chairpersons of all committees

   LOST

   Councillor Casey moved the following amendment:

   Councillor Roche seconded:

   That the following amendments be made tthe Representation section:

   • support a maximum of 29 councillors, nat large councillors with all councillors tbe elected by wards, with the number tbe determined by the Local Government Commission
   • advocate tprovide Maori seats
   • support the Auckland Council providing appropriate mechanisms tengage meaningfully with Maori
   • the mayor and Auckland Councillors be elected by Single Transferable Vote (STV) t ensure they have a mandate.

   LOST

   The Mayor put the following substantive motion:

   That the Regional Governance Committee report no. 3/2009 be adopted, i.e.:

   Submission on Local Government (Auckland Council) Bill

   1. That Council adopts Auckland City Council's submission on the Local Government (Auckland Council) Bill based on the following policy positions, for its submission tthe Auckland Governance Legislation Committee:

   Issue	Policy position
   Local boards	principles are included tstrengthen the role of local boards including: all local decisions should be determined at a local level, except where Auckland-wide considerations make this inappropriate more recognition should be given tthe role that local boards will have in building local identity and community (otherwise known as "place-shaping") local boards have an appropriate budget favour the lower end of the proposed range of 20-30 local boards but acknowledge that the Local Government Commission needs t undertake the work on communities of interest thelp determine the number. The Local Government Commission, when determining the number, needs tconsider both the need for good local representation and the need for the boards tplay an effective role membership of the local boards trange from four tnine.
   Role of the mayor	the mayor will promote a vision for Auckland the mayor will appoint the deputy mayor the mayor will appoint the chairperson of each key strategic committee the mayor will develop the high level direction for the draft long-term council community plan and draft annual plan for consideration by the Auckland Council an executive committee will be established with the mayor and chairs of each key strategic committee taddress important issues with central government, promote the vision for Auckland and assist in the development of the mayor's high-level direction the mayor will establish a mayoral office which may be larger than the status quo.
   Representation	support a maximum of 29 councillors with a minimum of eight at large councillors, and a maximum of 21 elected by wards, with the number and proportion tbe determined by the Local Government Commission support the government's decision not tprovide Maori seats support the Auckland Council providing an appropriate mechanism tengage meaningfully with Maori ward boundaries tbe flexible tfollow population changes but the local boards may have relatively fixed boundaries tfollow communities of interest Watercare's dams, the areas upstream from the dams, and any areas containing Watercare's pipelines relating tthe dams be retained within the Auckland boundary.
   Water and wastewater integration	vertical and horizontal integration of the water and wastewater industry is supported integration led by Watercare is supported.

   2. That a working party of the Regional Governance Committee comprising of the Chairperson, Councillor Armstrong and Councillor Northey be delegated authority tfinalise the wording of the submission.
   3. That His Worship the Mayor, the Deputy Mayor and the Chief executive be delegated trepresent council at the hearings of the Auckland Governance Legislation Committee.

   CARRIED

   Councillor Casey requested her vote against the substantive motion tthe recorded.

8. TRANSPORT COMMITTEE REPORT NO. 03/2009

   Councillor Baguley moved:

   Councillor Lister seconded:

   That the Transport Committee report no. 3/2009 be adopted, i.e.:

   Hauraki Gulf Islands Term Maintenance Physical Works Contracts Values for 2008-2009

   That the amended contract values for the following Hauraki Gulf Islands (HGI) term maintenance contracts, tenable the timely delivery of HGI maintenance and renewal programmes in 2008-2009, as currently budget for be approved.

   Contract	Description	Total contract value approved in August 2008	Additional value of contract work 2008/ 2009	Amended total contract value requested t30 June 2009
   TARS/04/340	General maintenance on Great Barrier Island	$9,890,501	$1,600,000	$11,490,501
   TARS/04/347	General maintenance on Waiheke and renewals on the island network	$29,483,980	$2,400,000	$31,883,980

   CARRIED

9. COMBINED COMMITTEES REPORT NO. 3/2009

   Secretarial note: The following items were circulated separately tthe Council members and have been attached tthe on-line 25 June 2009 Council agenda:

   • Covering report dated 23 June 2009 entitled "Ten-year Plan (2009-2019) by the Corporate Planning Manager
   • Log of Changes made tthe Ten-Year Plan 2009-2019 since the 18 June 2009 Council meeting
   • Volumes 1, 2 and 3 of the 2009-2019 Ten-Year Plan

   Councillor Armstrong moved:

   Councillor Christian seconded:

   That the Combined Committees report No. 3/2009 as amended be adopted, i.e.:

   2009-2019 10-Year Plan

   1. That the updated 2009-2019 10-Year Plan, subject tany approved changes that came out of the submission process or any other changes recommended by 18 June 2009 Combined Committees, be approved.
   2. That Council delegates authority tthe Chairperson of the Finance and Strategy Committee, General Manager Finance and the Chairperson of the Audit and Risk Committee t make changes tthe document that reflects decisions from this meeting, any Audit New Zealand or Auckland Transition Agency requirements and any other minor editorial changes.
   3. That the wording on pg 161 and 162 be changed t "The council offers a free graffiti removal service for residential and small business owners and other initiatives such as graffiti awareness education and a volunteer programme".
   4. That on page 43 of Volume 2, information on estimated attendance at local events be added tmeasures.
   5. That page 182 Volume 2 be amended specifically tmention walking school buses, carpooling, liveable streets and education institution travel plans.
   6. That the 10-Year Plan contains specific reference tthe Hauraki Gulf Marine Park.

   Councillor Casey moved the following amendment by way of addition:

   Councillor Roche seconded:

   7. That page 60, Volume 3 be amended tremove the newly inserted paragraph that reads "The Council may from time-to-time buy, sell or dispose of assets (including land and interests in land) in the normal course of business, tfacilitate the activities described in this 10-year plan, including the transfer of assets ttrusts or similar governance arrangements. The power tdsmay be delegated by Council."
   8. That page 251, Volume 2 be amended treinstate the following service measures under Assets: Metrowater which were removed by Metrowater amendment:
      • Separation of the stormwater and wastewater networks servicing 1400 properties from June 2007 tJune 2010 (jointly with Auckland City Council)
      • Number of wastewater blockages per 100 km of pipe (excluding private blockages and those caused by third parties)
      • Time taken trespond t98 per cent of priority 1 incidents (wastewater blockages and chokes)
      • Number of water quality complaints per 1,000 customers per year
      • Average number of unplanned water supply interruptions per 1,000 properties
      • Customer service requests resolved without further contact

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

   For the Amendment:		Against the Amendment:
   Councillors:	Leila Boyle Cathy Casey Graeme Easte 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 Greg Moyle Graeme Mulholland Noelene Raffills His Worship the Mayor

   Councillors Glenda Fryer and Toni Millar were absent.

   The amendment was declared LOST by 13 votes t5.

   Councillor Northey moved the following amendment by way of addition:

   Councillor Boyle seconded:

   9. That Council notes that the 10-year plan fails to:
      • adequately promote the economic, social, cultural and environmental well-being of Auckland city;
      • meet the overall needs of Auckland city's growth areas and more deprived communities;
      • adequately provide for the physical and community infrastructure that Auckland City Council should be bequeathing tthe new Auckland Council and Local Boards;
      • respond appropriately tthe well-considered views and ideas expressed by submitters tCouncil's 10-year plan.

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

   For the Amendment:		Against the Amendment:
   Councillors:	Leila Boyle Cathy Casey Graeme Easte 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 Greg Moyle Graeme Mulholland Noelene Raffills His Worship the Mayor

   Councillors Glenda Fryer and Toni Millar were absent.

   The amendment was declared LOST by 13 votes t5.

   The Mayor put the following substantive motion:

   That the Combined Committees report No. 3/2009 be adopted, i.e.:

   2009-2019 10-Year Plan

   1. That the updated 2009-2019 10-Year Plan, subject tany approved changes that came out of the submission process or any other changes recommended by 18 June 2009 Combined Committees, be approved.
   2. That Council delegates authority tthe Chairperson of the Finance and Strategy Committee, General Manager Finance and the Chairperson of the Audit and Risk Committee t make changes tthe document that reflects decisions from this meeting, any Audit New Zealand or Auckland Transition Agency requirements and any other minor editorial changes.
   3. That the wording on pg 161 and 162 be changed t"The council offers a free graffiti removal service for residential and small business owners and other initiatives such as graffiti awareness education and a volunteer programme".
   4. That on page 43 of Volume 2, information on estimated attendance at local events be added tmeasures.
   5. That page 182 Volume 2 be amended specifically tmention walking school buses, carpooling, liveable streets and education institution travel plans.
   6. That the 10-Year Plan contains specific reference tthe Hauraki Gulf Marine Park.

   CARRIED

10. CHIEF EXECUTIVE'S JUNE 2009 REPORT

    Questions and answers raised by Councillors tthe 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 19 June 2009.

    CARRIED

11. RESTORATION OF THE PAH HOMESTEAD

    Councillor Moyle moved:

    Councillor Goldsmith seconded:

    That it be noted that the following resolutions were passed under urgent decision of council:

    1. That council enter inta contract for completion of the preservation and refurbishment of the Pah Homestead, with final terms and conditions tbe approved by the Group Manager Property.
    2. That pursuant t the recommendation of the Political Working Group for the Pah Homestead project, that the project scope be extended tinclude a new building tthe west of the Homestead, which would meet the storage needs of the gallery, and that this extension in project scope occur should the savings from the preservation and refurbishment works be realised.
    3. That the capital allocation of $7.9 million in the 2009-2019 Long Term Council Community Plan t the Pah Homestead project be confirmed.
    4. That officers are continuing twork closely with the Trust.

    CARRIED

12. COUNCILLOR APPOINTMENTS TOUTSIDE ORGANISATIONS - HAMLINS HILL (MUTUKAROA TRUST)

    Deputy Mayor David Hay moved:

    Councillor Northey seconded:

    That the matter regarding the replacement of the Auckland City Councillor representative on the Hamlins Hill (Mutukaroa Trust) be deferred.

    CARRIED

13. 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 tbe considered while the public is excluded, the reason for passing this resolution in relation teach 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 tbe considered	Reason for passing this resolution in relation teach matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
    C1	Urgent Decision - Restoration of the Pah Homestead tOperate as the TSB Bank James Wallace Arts Centre	Public conduct of matter would be likely tresult in disclosure of information for which good reason twithhold exists under section 7.	Section 7(2)(i) The withholding of the information is necessary tenable the local authority tcarry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report contains information relating tthe delivery of council's required outcomes with a third party and a private benefactor that, if released tthe public, could jeopardise the negotiations.	Section 48(1)(a) The public conduct of the part of the meeting would be likely t result in the disclosure of information for which good reason for withholding exists under section 7.
    C2	Finance and Strategy Committee Report No. C2/2009	Public conduct of matter would be likely tresult in disclosure of information for which good reason t withhold exists under section 7.	Section 7(2)(a) The withholding of the information is necessary tprotect the privacy of natural persons, including that of a deceased person. In particular, the report contains specific information about a candidate tthe Aotea Centre Board of Management.	Section 48(1)(a) The public conduct of the part of the meeting would be likely tresult in the disclosure of information for which good reason for withholding exists under section 7.

    CARRIED

    There being nfurther business the Mayor declared the meeting closed at 7:25 pm.