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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 24 SEPTEMBER 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  
    Bill Christian, JP  
    Mark Donnelly  
    Graeme Easte  
    Glenda Fryer [from 6:03pm item 2]
    Paul Goldsmith  
    Peseta Sam Lotu-Iiga, MP [from 6:34pm item 13]
    Toni Millar, JP  
    Greg Moyle, ED  
    Graeme Mulholland, JP  
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top APOLOGIES

    His Worship the Mayor moved:

    Councillor Christian seconded:

    That the apology from Councillor Lister for non-attendance and Councillors Lotu-Iiga and Fryer 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, 27 August 2009 be confirmed as a true and correct record.

    CARRIED

    Councillor Casey moved:

    Councillor Boyle seconded:

    That Standing order 2.13 be suspended to allow Ms Bright to be heard.

    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

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor


    Councillors John Lister and Peseta Sam Lotu-Iiga were absent.

    The motion was declared LOST by 11 votes to 7.

  3. Top LEAVE OF ABSENCE

    There were no requests for leave of absence.

  4. Top PETITIONS

    There were no petitions.

  5. Top DEPUTATIONS

    There were no deputations.

  6. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

    REPORTS OF COMMITTEES

  7. Top COMMUNITY SERVICES COMMITTEE REPORT NO. 1/2009

    Councillors Baguley, Boyle, Christian, Northey and Raffills declared a conflict of interest and neither spoke nor voted on item 7.

    Councillor Goldsmith moved:

    Deputy Mayor David Hay seconded:

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

    Draft Gambling Venue Policy

    1. That the following approaches to class 4 gambling and New Zealand Racing Board venues form the basis of the draft Gambling venue policy for public consultation:
      1. class 4 venues: council will not consent to any increase in gambling machine numbers, but may consent to a new venue if it replaces an existing venue, has less machines than the original and meets specified location controls
      2. New Zealand Racing Board venues: council will not consent to any increase in New Zealand Racing Board venues, but may consent to a new venue if it replaces an existing venue and meets specified location controls.
    2. That the summary of proposal, statement of proposal and draft policy attached to the report be adopted as the basis for public consultation for the special consultative procedure.
    3. That council appoints three members of the committee for the Hearings Panel - Councillors Goldsmith, Mulholland and Roche, to hear public submissions, and recommend a final Gambling venue policy to council.

    Councillor Casey moved the following amendment by way of replacement:

    Councillor Fryer seconded:

    1. That the following approaches to class 4 gambling and New Zealand Racing Board venues form the basis of the draft Gambling venue policy for public consultation:
      1. class 4 venues: council will not consent to any new gambling venues nor any increase in gambling machine numbers, but may consent to a new venue if it replaces an existing venue, has less machines than the original and meets specified location controls
      2. New Zealand Racing Board venues: council will not consent to any new increase in New Zealand Racing Board venues, but may consent to a new venue if it replaces an existing venue and meets specified location controls.
    2. That the summary of proposal, statement of proposal and draft policy, attached to the report amended to continue Auckland City Council's current simple sinking lid policy, be adopted as the basis for public consultation for the special consultative procedure.

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

    For the Amendment: Against the Amendment:
    Councillors: Cathy Casey

    Graeme Easte

    Glenda Fryer

    Denise Roche

    		 Councillors: Douglas Armstrong

    Aaron Bhatnagar

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    His Worship the Mayor


    Councillors Ken Baguley, Leila Boyle, Bill Christian, Richard Northey and Noelene Raffills did not vote due to their declared conflicts of interest.

    Councillor John Lister and Peseta Sam Lotu-Iiga were absent.

    The amendment was declared LOST by 9 votes to 4.

    His Worship the Mayor put the substantive motion:

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

    Draft Gambling Venue Policy

    1. That the following approaches to class 4 gambling and New Zealand Racing Board venues form the basis of the draft Gambling venue policy for public consultation:
      1. class 4 venues: council will not consent to any increase in gambling machine numbers, but may consent to a new venue if it replaces an existing venue, has less machines than the original and meets specified location controls
      2. New Zealand Racing Board venues: council will not consent to any increase in New Zealand Racing Board venues, but may consent to a new venue if it replaces an existing venue and meets specified location controls.
    2. That the summary of proposal, statement of proposal and draft policy attached to the report be adopted as the basis for public consultation for the special consultative procedure.
    3. That council appoints three members of the committee for the Hearings Panel - Councillors Goldsmith, Mulholland and Roche, to hear public submissions, and recommend a final Gambling venue policy to council.

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

    For the Motion: Against the Motion:
    Councillors: Douglas Armstrong

    Aaron Bhatnagar

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    His Worship the Mayor

    		 Councillors: Cathy Casey

    Graeme Easte

    Glenda Fryer

    Denise Roche


    Councillors Ken Baguley, Leila Boyle, Bill Christian, Richard Northey and Noelene Raffills did not vote due to their declared conflicts of interest.

    Councillor John Lister and Peseta Sam Lotu-Iiga were absent.

    The motion was declared CARRIED by 9 votes to 4.

  8. Top CITY DEVELOPMENT COMMITTEE REPORT NO. 8/2009

    Councillor Bhatnagar moved:

    Councillor Donnelly seconded:

    That the City Development Committee Report No. 8/2009 be adopted, i.e.:

    Amendment of the Traffic Bylaw 2006

    That the special consultative procedure be approved for the proposed Auckland City Council Traffic Amendment Bylaw No 2 of 2009 and the corresponding statement of proposal.

    CARRIED

  9. Top HEARINGS PANEL REPORT NO. 7/2009

    Councillor Mulholland moved:

    Councillor Millar seconded:

    That the Hearings Panel Report No. 7/2009 be adopted, i.e.:

    Proposed Plan Change 9, Central Area District Plan

    1. The Hearing Panel has considered all matters raised in submissions, all the evidence presented at the hearing and the information and advice in the Hearing Report. The Panel has made recommendations on each of the submissions lodged and where relevant, amendments have been proposed to the Plan Change text.
    2. A number of modifications to the provisions of the plan change are shown as marked up text contained in Appendix 1 of the report of the Hearing Panel Chairperson dated 2 September 2009.
    3. That, pursuant to clause 10 of the First Schedule to the Resource Management Act 1991, Proposed Plan Modification No.9 to the Operative District Plan (Central Area Section) 2004, which implements amendments (as set out in Appendix 1 of the report of the Hearing Panel Chairperson dated 2 September 2009) to the provisions for temporary activities within the Central Area, be accepted for the following reasons:
      • The proposed rules in the amended Plan Change are the most appropriate way of achieving the purpose of the Resource Management Act 1991
      • The Council has considered alternatives and the Hearing Panel is satisfied that the Plan Change (as amended in Appendix 1 of the report of the Hearing Panel Chairperson dated 2 September 2009), which amends the plan provisions in the Central Area will ensure that adverse effects of temporary events are avoided, remedied or mitigated.
    4. That the submissions on Proposed Plan Modification No.9 to the Operative District Plan (Central Area Section) 2004, be accordingly accepted, accepted in part or rejected, as outlined in the report of the Hearing Panel Chairperson dated 2 September 2009.
    5. That the late submissions (submission 13 and further submission 26) as set out in the report of the Hearing Panel Chairperson dated 2 September 2009 be accepted pursuant to Sections 37 and 37A of the RMA.
    6. That the Council investigates the following administrative changes:
      • The City Events team engage with the Point Apartments Body Corporate to establish a regular liaison meeting to outline upcoming events and to receive feedback on how recent events have been managed. Additionally, monitoring and enforcement contacts should be provided to the Point Body Corporate and be available during events.

    CARRIED

  10. Top HEARINGS PANEL REPORT NO. 8/2009

    Councillor Bhatnagar moved:

    Councillor Boyle seconded:

    That the Hearings Panel Report No. 8/2009 be adopted, i.e.:

    1. Recommendation of the Hearings Panel to Introduce a New Bylaw Administration Bylaw
      1. That the council revokes Part 1 of the Auckland City Consolidated Bylaw 1998 (Bylaw Administration) and introduces a new Bylaw Administration Bylaw 2009 as set out in attachment 1 of the report of the Bylaw Administration bylaw hearings panel dated 8 September 2009.
      2. That Part 1 of the Auckland City Consolidated Bylaw 1998 (Bylaw Administration) be revoked on 9 October 2009 and a new Bylaw Administration Bylaw 2009 come into force on 9 October 2009.
      3. That the council amends the Bathing, Health and Beauty Facilities Bylaw 2008, the Cemeteries Bylaw 2008, the Wharf Bylaw 2008, the Food Premises Bylaw 2008, the Skin Piercing Bylaw 2008, the Public Places Bylaw 2008, the Traffic Bylaw 2006, the Water Supply Bylaw 2008 and the Waiheke Wastewater Bylaw 2008, as outlined in attachment 2 of the report of the Bylaw Administration bylaw hearings panel dated 8 September 2009.
      4. That the amendments outlined in attachment 2 of the report of the Bylaw Administration bylaw hearings panel dated 8 September 2009 to the Bathing, Health and Beauty Facilities Bylaw 2008, the Cemeteries Bylaw 2008, the Wharf Bylaw 2008, the Food Premises Bylaw 2008, the Skin Piercing Bylaw 2008, the Public Places Bylaw 2008, the Traffic Bylaw 2006, the Water Supply Bylaw 2008 and the Waiheke Wastewater Bylaw 2008, come into force on 9 October 2009.
    2. Revocation of the Radiofrequency Fields Bylaw

      That council endorses the revocation of the Radiofrequency Fields Bylaw 2008, noting that the bylaw has been made redundant by a National Environment Standard (New Zealand Standard NZS 2772.1:1999) and that this revocation come into force on 9 October 2009.

    CARRIED

  11. Top HEARINGS PANEL REPORT NO. 9/2009

    Councillors Baguley and Donnelly declared a conflict of interest and neither spoke nor voted on item 11.

    Councillor Bhatnagar moved:

    Councillor Armstrong seconded:

    That the Hearings Panel Report No. 9/2009 be adopted, i.e.:

    Notice of Requirement for a Designation to Conduct Road Widening Works on Sandringham Road in the Vicinity of Eden Park and the Kingsland Railway Station (Plan Change 252)

    That the council confirms the Notice of Requirement and the associated Plan Change 252 subject to the recommended conditions below.

    CONDITIONS OF DESIGNATION

    The works are to be conducted in accordance with the following conditions

    1. GENERAL

      1.1 Except as modified by the conditions below, the works shall be undertaken in general accordance within the Notice of Requirement and its supporting documents, as follows:

      1. 'Sandringham Road Transport Corridor Upgrade - Notice of Requirement by the Auckland City Council Pursuant to Section 168A of the Resource Management Act 1991 and Assessment of Environmental Effects'; prepared for the Auckland City Council by Boffa Miskell Ltd and dated February 2009;
      2. The 'Sandringham Road Transport Corridor Upgrade Designation Drawings', prepared for the Auckland City Council by Opus Consultants Limited, being -
        • Sandringham Road Transport Corridor Upgrade Designation Plan, Reference 1/1071/313, Sheet 8, Revision RO, Plot Date 17/02/09
        • Land Required for Road Widening Purposes 60 & 64 Sandringham Road, Reference 1/1071/313, Sheet 9, Revision RO, Plot Date 13/02/09
        • Land Required for Road Widening Purposes 57 & 59 Walters Road, Reference 1/1071/313, Sheet 10, Revision RO, Plot Date 17/02/09.

      1.2 Where requested by affected property owners, the Requiring Authority shall physically peg out the extent of the alignment on individually affected properties.

      1.3 The lapse period of this designation is 10 years from the inclusion of the designation in the District Plan, in accordance with Section 184(1) of the Resource Management Act 1991.

    2. CONSTRUCTION

      2.1 Prior to commencement of works, the Requiring Authority is to prepare a Construction Management Plan ("CMP") to the satisfaction of the Council (Resource Consents Monitoring Leader).

      22. The CMP shall include specific details relating to the demolition, construction and management of all works, including:

      1. Details of the project manager, including their contact details (phone, mobile, postal address, email address);
      2. A construction programme of the works indicating in particular likely time periods for road closures and anticipated traffic diversion effects;
      3. Measures agreed by the Requiring Authority with the Eden Park Trust Board and/or its head contractor to avoid conflicts and constraints with the construction activity being undertaken at the Eden Park site. In the event of any disagreement over any such measures, those advanced by each party are to be submitted to the Council (Resource Consents Monitoring Leader) along with the draft CMP and the decision of the Council (Resource Consents Monitoring Leader) on any such measure shall be final;
      4. Any means of protection of services such as pipes and water mains within the road reserve;
      5. Measures to be adopted to maintain all the land subject to the works in a tidy condition including disposal/storage of rubbish and storage and unloading of building materials;
      6. Procedures for controlling sediment run-off, in accordance with Auckland Regional Council Technical Publication No 90, dust and the removal of soil, debris and demolition and construction materials from public roads or places. Dust mitigation measures should include use of water sprays to control dust nuisance on dry or windy days to ensure that there is no dust nuisance on any of the adjacent residential properties;
      7. Procedures for ensuring that residents in the immediate vicinity of construction areas are given prior notice of the commencement of construction activities and are informed about the expected duration of the works;
      8. Means for ensuring the safety of the general public;
      9. Construction noise management measures to be employed to ensure compliance with Rule 4A.1.D (Construction Noise), specifically addressing the following:
        • The construction sequence;
        • Machinery and equipment to be used, including the use of non percussive machinery where practicable,
        • Hours of operation, including times and days when noisy construction work would occur.
      10. Methods of managing the local and network wide effects of the construction on traffic, and including details of:
        • Traffic management measures to address and to maintain traffic flows on Sandringham Road and Walters Road;
        • Methods to manage the effects of the delivery of construction material, plant and machinery;
        • The numbers, frequencies and timing of construction traffic movements;
        • Means by which access to private properties will be maintained during construction, or where necessary, means by which occupiers of affected properties will be notified of times and durations of temporary removal of access as a result of the works.
      11. As far as practicable, the CMP is to ensure that the vibration standards of the German Standard DIN 4150 will be met.
      12. The CMP shall detail communication protocols between the lead contractors for each of the Eden Park redevelopment and the Kingsland Railway Station upgrade to ensure that construction projects in the immediate area are managed so as to minimise disruption to those developments, the local community and transportation network.

      2.3 A suitably experienced, Council approved arborist ("nominated arborist") shall be employed by the Requiring Authority to monitor, supervise and direct all works within the drip line or in the vicinity of those protected trees to be retained, for the duration of the works.

    3. PROPERTY AMENITY

      3.1 The Requiring Authority shall prepare a Property Reinstatement Plan ("PRP") to the satisfaction of the Council (Resource Consents Monitoring Leader) showing detail of the replacement or reinstatement of the existing property features (including planting, walls, fences and driveways) on the affected properties (as described individually below). The PRP must be prepared in consultation with the affected property owners. The PRP must be implemented within 3 months of the widening works being completed on the affected properties.

      3.2 The PRP must include the following:

      1. 57 Walters Road: reinstate driveway and vehicle access to Sandringham Road. Install new concrete block retaining wall with small basalt rock fascia (or similar) to tie to existing ground levels; install picket fence (1.2 m) on road frontage to tie with existing gate (relocated) and adjacent properties.
      2. 59 Walters Road: replace boundary fence with 1.8m close boarded fence and replant on site. Fence to be installed on top of concrete block retaining wall (with small basalt rock fascia). Planting to be comprised of an evergreen hedge of native (pb 3 grade), non-deciduous species, with specimen trees (approximately 5 trees at 45 litre pb size).
      3. 60 Sandringham Road: replace boundary wall and fence and provide screening planting. New concrete block retaining wall with small basalt rock fascia (or similar) as required; install picket fence (1.2 m) on top of wall on Sandringham road frontage and extend along Walters Road boundary; plant new hedge along Sandringham road frontage. Planting to be comprised of an evergreen hedge of native (pb 3 grade), non-deciduous species, with specimen trees (approximately 5 trees at 45 litre pb size).ative (pb 3 grade), non-deciduous species, with specimen trees (approximately 5 trees at 45 litre pb size).
      4. 64 Sandringham Road: reinstate driveways, boundary fence and vehicle access to Sandringham Road and replant on site. New concrete block retaining wall with small basalt rock fascia (or similar) as required; install picket fence (1.2 m) on top of wall. Relocate existing vegetation onsite where appropriate. Planting behind new picket fence to be comprised of an evergreen hedge of native, non-deciduous species (pb 3 grade), with specimen trees (approximately 5 trees at 45 litre pb size).
      5. The replacement of any plants or trees removed from the properties fronting Sandringham Road taking into account the following:
        1. Planting shall be predominantly indigenous species; and
        2. Planting shall be designed and laid out, having regard to pedestrian safety, particularly in terms of visibility (particularly at night).

      3.3 Notwithstanding condition 3.1, access to these properties (including vehicle access) shall be maintained at all times during the works.

      3.4 Should the Requiring Authority in its discretion decide to relocate the villa at 60 Sandringham Road further back on its site, the extent of that relocation shall be limited tondringhaoad) that currently exists. The purpose of this is to maintain the heritage value of the relationship of the villa to the streetscape.

      NB - For the purpose of clarity, condition 3.4 applies only if the Requiring Authority chooses to relocate the villa.

    4. CONSULTATION

      4.1 The Requiring Authority shall invite the Eden Park Trust Board and its main contractor, Fletcher Challenge, to discuss the timing of the designation works around major events held at Eden Park and to endeavour to undertake works adjacent to Eden Park in coordination with works occurring at Eden Park.

    Advice Note

    1. Traffic calming measures along Walters Road should be designed and located to ensure they do not create a trip hazard for people accessing and leaving Eden Park at the times of major events at the Park site.

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

    For the Motion: Against the Motion:
    Councillors: Douglas Armstrong

    Aaron Bhatnagar

    Bill Christian

    Paul Goldsmith

    Deputy Mayor David Hay

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor

    		 Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche


    Councillors Ken Baguley and Mark Donnelly did not vote due to their conflicts of interest.

    Councillors John Lister and Peseta Sam Lotu-Iiga were absent.

    The motion was declared CARRIED by 10 votes to 6.

  12. Top HEARINGS PANEL REPORT NO. 10/2009

    Councillor Mulholland moved:

    Councillor Millar seconded:

    That the Hearings Panel Report No. 10/2009 be adopted, i.e.:

    Plan Change 132B (Variation to Plan Change 132) - Sandringham and Balmoral Character Overlay - Isthmus District Plan

    1. That, pursuant to clause 10 of the first schedule to the Resource Management Act 1991, proposed plan change 132B, which creates new character overlay areas for the Balmoral and Sandringham town centres and extends the existing character overlay provisions contained in plan modification 132 to include those new areas, be approved without amendments (attached as Appendix 1 in the report of the Hearing Panel dated 4 September 2009) for the following reasons:
      1. The proposed rules contained within the amended plan change are necessary in achieving the purpose of the Resource Management Act 1991.
      2. The council has considered alternative means and is satisfied that the plan change will ensure that adverse effects are avoided, remedied or mitigated.
    2. That submissions 1/1, 1/2, 6/1, 7/1, 7/2 be rejected.
    3. That submission 4/1 be accepted in part.
    4. That submissions 2/1, 3/1, 5/1, 8/1 be accepted.
    5. That the further submission made in support or opposition to the primary submissions listed above be rejected accordingly.
    6. That the Manager: Inner Isthmus be authorised to publicly notify the fact that the council has made its decision on submissions to proposed plan change 132B.

    CARRIED

  13. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO. 4/2009

    Deputy Mayor David Hay moved:

    Councillor Goldsmith seconded:

    That the Regional Governance Committee Report No. 4/2009 be adopted, i.e:

    Regional Governance Committee meetings

    That the resolutions and reports from the Regional Governance Committee meetings held on 11 August and 8 September 2009 be received.

    Councillor Northey moved the following amendment by way of addition:

    Councillor Boyle seconded:

    1. That Council record its disappointment that in the Local Government (Auckland Council) Act the Government incorporated some very late changes that were not consulted on including limiting the existing Auckland Councils to preparing an Annual Plan of only four months duration while requiring them to rate and charge for twelve months and removing the normal public consultation requirements, and request an agenda item to the next APDS meeting on the desirability of Council recommending a full year Annual Plan and carrying out the usual public consultation and hearings on it.

    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

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills

    His Worship the Mayor

    Councillor John Lister was absent.

    The amendment was declared LOST by 13 votes to 6.

    His Worship the Mayor put the substantive motion:

    That the Regional Governance Committee Report No. 4/2009 be adopted, i.e:

    Regional Governance Committee meetings

    That the resolutions and reports from the Regional Governance Committee meetings held on 11 August and 8 September 2009 be received.

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

    For the Motion: Against the Motion:
    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Richard Northey

    Noelene Raffills

    Denise Roche

    His Worship the Mayor

    		 Councillors: Leila Boyle

    Cathy Casey

    Graeme Easte

    Glenda Fryer


    Councillor John Lister was absent.

    The motion was declared CARRIED by 15 votes to 4.

    REPORTS OF OFFICERS

  14. Top CHIEF EXECUTIVE'S SEPTEMBER 2009 REPORT

    The answers to questions from councillors was tabled.

    [ATTACHMENT 14A]

    His Worship the Mayor moved:

    Councillor Bhatnagar seconded:

    That the council notes the significant matters highlighted within the Acting Chief executive's report dated 18 September 2009.

    CARRIED

  15. Top GOVERNANCE DELEGATIONS - RESOURCE MANAGEMENT ACT AMENDMENTS

    Councillor Bhatnagar moved:

    Councillor Goldsmith seconded:

    1. That the Council note that the Resource Management (Simplifying and Streamlining) Amendment Act 2009 was passed on 8 September 2009 and comes into force on 1 October 2009, and that the Council officers need to have the correct delegations in place on that day.
    2. That the Council note that a review of the Resource Management (Simplifying and Streamlining) Act 2009 has begun, using a version of the draft Bill and correspondingly there cannot be certainty of the delegations until this review has been compared with the published Act, and that as of 17 September 2009 the Act had still not been published.
    3. That Council adopts amendments to the Governance Delegations Register that have been prepared by officers to:
      1. reflect amendments to the Resource Management Act 1991; and
      2. improve the delegations to officers in the Environmental Health and Licensing Team under the Resource Management Act 1991
    4. That Council delegates to the Chairperson and Deputy Chairperson of the City Development Committee and Councillor Northey the power to consider and approve the final wording of the proposed amendments to the delegations following the release of the final version of the Resource Management (Simplifying and Streamlining) Amendment Act 2009.
    5. That Council delegates to the Chief Executive authority to amend the schedule of meetings as follows:
    Function Act Provision number Brief description Delegate
    Local Government Act 2002 Schedule 7
    Clause 19(6)(a)(ii)    		 Power to determine that there is a valid reason to amend the schedule of meetings (including the cancellation of specific meetings) and to make such amendments as necessary: conditional on consultation with the Mayor (for Council meetings), the appropriate General Manager and Committee Chairperson (for Committee meetings) or appropriate Democracy Advisor and Community Board Chairperson (for Community Board meetings). Chief Executive

    Councillor Easte moved the following amendment by way of addition:

    Councillor Fryer seconded:

    1. That Council delegates to the Chairperson and Deputy Chairperson of the City Development Committee and Councillor Northey the power to consider and approve the final wording of the proposed amendments to the delegations following the release of the final version of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 with these interim amendments being subject to confirmation or amendment by the subsequent Council meeting.

    LOST

    His Worship the Mayor put the substantive motion:

    1. That the Council note that the Resource Management (Simplifying and Streamlining) Amendment Act 2009 was passed on 8 September 2009 and comes into force on 1 October 2009, and that the Council officers need to have the correct delegations in place on that day.
    2. That the Council note that a review of the Resource Management (Simplifying and Streamlining) Act 2009 has begun, using a version of the draft Bill and correspondingly there cannot be certainty of the delegations until this review has been compared with the published Act, and that as of 17 September 2009 the Act had still not been published.
    3. That Council adopts amendments to the Governance Delegations Register that have been prepared by officers to:
      1. reflect amendments to the Resource Management Act 1991; and
      2. improve the delegations to officers in the Environmental Health and Licensing Team under the Resource Management Act 1991
    4. That Council delegates to the Chairperson and Deputy Chairperson of the City Development Committee and Councillor Northey the power to consider and approve the final wording of the proposed amendments to the delegations following the release of the final version of the Resource Management (Simplifying and Streamlining) Amendment Act 2009.
    5. That Council delegates to the Chief Executive authority to amend the schedule of meetings as follows:

    Function Act

    Provision number

    Brief description

    Delegate
    Local Government Act 2002 Schedule 7
    Clause 19(6)(a)(ii)    		 Power to determine that there is a valid reason to amend the schedule of meetings (including the cancellation of specific meetings) and to make such amendments as necessary: conditional on consultation with the Mayor (for Council meetings), the appropriate General Manager and Committee Chairperson (for Committee meetings) or appropriate Democracy Advisor and Community Board Chairperson (for Community Board meetings). Chief Executive

    CARRIED

  16. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    His Worship the Mayor moved:

    Councillor 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 Finance and Strategy Committee Report No. C5/2009 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)(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.

    In particular, the commercially sensitive information in relation to the New Zealand Exchange (NZX) Listing Rules that require Auckland City Council's annual report be available in its final adopted format to the NZX at the same time as it is made available to the public and the security holders.

    		 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.
    1. That Mr Bede Kearney, Audit director of Audit NZ, be permitted to remain at this meeting after the public has been excluded for confidential item C1 because of his expert knowledge from Audit New Zealand to ensure the audit requirements have been met.

    CARRIED

    There being no further business His Worship the Mayor declared the meeting closed at 7:12pm.
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