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MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 22 OCTOBER 2009 AT 6:00PM
IN THE COUNCIL CHAMBERS
GROUND FLOOR, AUCKLAND TOWN HALL

PRESENT: Deputy Mayor David Hay, JP Chairman
  Councillors: Douglas Armstrong, QSO  
    Ken Baguley  
    Aaron Bhatnagar  
    Leila Boyle  
    Dr Cathy Casey  
    Bill Christian, JP  
    Mark Donnelly  
    Graeme Easte  
    Glenda Fryer [until 8.11pm, item 14; from 8.13pm, item 14]
    Paul Goldsmith [until 7.14pm, item 9; from 7.17pm, item 9]
    John Lister, OBE  
    Peseta Sam Lotu-Iiga, MP  
    Toni Millar, JP [until 7.55pm, item 12; from 7.57pm, item 12]
    Greg Moyle, ED [until 7.06pm, item 8; from 7.08pm, item 8; until 7.48pm, item 12; from 7.50pm, item 12]
    Graeme Mulholland, JP [until 7.48pm, item 12]
    Richard Northey, ONZM  
    Noelene Raffills  
    Denise Roche  

  1. Top APOLOGIES

    Deputy Mayor David Hay moved:

    Councillor Moyle seconded:

    That the apologies from His Worship the Mayor Hon. John Banks for non-attendance and Councillor Mulholland for early departure be accepted.

    CARRIED

  2. Top MINUTES

    Deputy Mayor David Hay moved:

    Councillor Millar seconded:

    That the minutes of the ordinary meeting of council held on Thursday, 24 September 2009 and the extraordinary meeting of council held on Thursday, 8 October 2009 be confirmed as true and correct records.

    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 - COUNCIL PROCESSES - PENNY BRIGHT

    Ms Penny Bright wishes to address council regarding:

    1. A publicly available 'Register of Interests' for Auckland City Councillors and spouses, and related matters.
    2. Developments with the Justice and Electoral Select Committee regarding Ms Bright's requested law change to the Trespass Act to exempt meetings covered by section 54 of the Local Government Official Information and Meetings Act.
    3. Matters relating to 'pre' and 'post-separation employment', which are regarded internationally as not consistent with 'anti-corruption best practice'. (As outlined in the Australian Public Sector Anti-Corruption Conference 28 -31 July 2009).

    Ms Bright tabled a document in support of her presentation.

    [ATTACHMENT 5.1]

    Councillor Boyle moved:

    Councillor Casey seconded:

    That Ms Penny Bright be thanked for her presentation regarding council processes.

    CARRIED

    5.2 DEPUTATION - FITZROY HOTEL - ALLAN MATSON

    Mr Matson requested an opportunity to address council about the scheduling of the Fitzroy Hotel, item 7 point 3 of the City Development report No. 9-2009.

    Mr Matson tabled documentation and photographs in support of his presentation.

    [ATTACHMENT 5.2]

    Deputy Mayor David Hay moved:

    Councillor Christian seconded:

    That Mr Allan Matson be thanked for his presentation on the Fitzroy Hotel.

    CARRIED

  6. Top EXTRAORDINARY BUSINESS

    6.1 EXTRAORDINARY BUSINESS - PERSONAL ADDRESS FROMCOUNCILLOR LOTU-IIGA

    Deputy Mayor David Hay moved:

    Councillor Goldsmith seconded:

    That an extraordinary item of business be considered as item 14 to allow Councillor Lotu-Iiga to address the council on a personal matter.

    CARRIED

    REPORTS OF COMMITTEES

  7. Top CITY DEVELOPMENT REPORT NO. 9-2009

    Councillors Boyle, Baguley and Northey declared a conflict of interest to Councillor Easte's amendment 2.B and did not speak nor vote on the matter.

    Councillor Bhatnagar moved:

    Councillor Christian seconded:

    That the City Development Committee report No. 9-2009 be adopted, i.e.:

    1. Review of Auckland City Council Draft Liquor Licensing Policy and Special Consultative Procedure

      That the special consultative procedure approved by council on 27 August 2009 to inform the Auckland City Council draft liquor licensing policy cease at the closure of the written submission period on 7 October 2009.

    2. Signs Bylaw 2007 - Review of Poster Boards

      That the Auckland City Council Signs Amendment Bylaw No 3 of 2009 and the corresponding statement of proposal be approved and the special consultative procedure to gain public feedback on the proposed amendment commence.

    3. Variation 29 Scheduling of Fitzroy Hotel 75 Wakefield Street

      That approval be given for variation 29 to list Ashington House (formerly Fitzroy Hotel) at 75-77 Wakefield Street as a Category A building under Appendix 1 Schedule A: Buildings, Heritage Properties or Places of Special Value to the Auckland City District Plan (Central Area Section) with a score of 98 points, in order that variation 29 can be made operative.

    Councillor Northey moved the following amendment by way of replacement:

    Councillor Roche seconded:

    1. Review of Auckland City Council Draft Liquor Licensing Policy and Special Consultative Procedure

      That the special consultative procedure approved by council on 27 August 2009 to inform the Auckland City Council draft liquor licensing policy cease be put on hold at the closure of the written submission period on 7 October 2009 until the consideration of a report at the November City Development meeting of options for the future development of liquor licensing policy including different possible options for dealing separately with on-licences and off-licences.

    Secretarial Note: The Chairman ruled Councillor Northey's amendment above out of order as a special consultative procedure (SCP) can not "go on hold" and recommence if the statement of proposal is amended, the SCP must start again from the beginning of the process.

    Councillor Easte moved the following amendment by way of addition to resolution 2:

    Councillor Casey seconded:

    1. Signs Bylaw 2007 - Review of Poster Boards

      That the Auckland City Council Signs Amendment Bylaw No 3 of 2009 and the corresponding statement of proposal be approved with the following additions to the proposed clause 27.3.7:

      1. to limit sponsor branding to no more than 20% of the poster; and

    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

    Aaron Bhatnagar

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills


    Councillor Ken Baguley abstained from voting.

    His Worship the Mayor was absent.

    The amendment was declared LOST by 12 votes to 6, with 1 abstention.

    1. not including sponsors for alcohol or class 4 gambling

    and the special consultative procedure to gain public feedback on the proposed amendment commence.

    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

    Bill Christian

    Mark Donnelly

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills


    Councillors Ken Baguley, Leila Boyle and Richard Northey abstained from voting.

    His Worship the Mayor was absent.

    The amendment was declared LOST by 12 votes to 4, with 3 abstentions.

    Councillor Fryer moved the following amendment by way of addition to resolution 3:

    Councillor Boyle seconded:

    1. Variation 29 Scheduling of Fitzroy Hotel 75 Wakefield Street
    1. That approval be given for variation 29 to list Ashington House (formerly Fitzroy Hotel) at 75-77 Wakefield Street as a Category A building under Appendix 1 Schedule A: Buildings, Heritage Properties or Places of Special Value to the Auckland City District Plan (Central Area Section) with a score of 98 points, in order that variation 29 can be made operative.
    2. That Allan Matson be thanked for his tireless campaign to have the Fitzroy Hotel properly scheduled as a Category A building and congratulate him on seeing it through to its final positive conclusion.

    CARRIED

    Councillor Bhatnagar moved the following amendment by way of addition to resolution 1:

    Councillor Baguley seconded:

    That the special consultative procedure approved by council on 27 August 2009 to inform the Auckland City Council draft liquor licensing policy cease at the closure of the written submission period on 7 October 2009, noting that officers will be reporting back to the City Development Committee on the liquor licensing policy.

    CARRIED

    The Chairman put the substantive motion:

    That the City Development Committee report No. 9-2009 be adopted, i.e.:

    1. Review of Auckland City Council Draft Liquor Licensing Policy and Special Consultative Procedure

      That the special consultative procedure approved by council on 27 August 2009 to inform the Auckland City Council draft liquor licensing policy cease at the closure of the written submission period on 7 October 2009, noting that officers will be reporting back to the City Development Committee on the liquor licensing policy.

    2. Signs Bylaw 2007 - Review of Poster Boards

      That the Auckland City Council Signs Amendment Bylaw No 3 of 2009 and the corresponding statement of proposal be approved and the special consultative procedure to gain public feedback on the proposed amendment commence.

    3. Variation 29 Scheduling of Fitzroy Hotel 75 Wakefield Street
    1. That approval be given for variation 29 to list Ashington House (formerly Fitzroy Hotel) at 75-77 Wakefield Street as a Category A building under Appendix 1 Schedule A: Buildings, Heritage Properties or Places of Special Value to the Auckland City District Plan (Central Area Section) with a score of 98 points, in order that variation 29 can be made operative.
    2. That Allan Matson be thanked for his tireless campaign to have the Fitzroy Hotel properly scheduled as a Category A building and congratulate him on seeing it through to its final positive conclusion.

    CARRIED

  8. Top TRANSPORT COMMITTEE REPORT NO. 5-2009

    Councillor Baguley moved:

    Councillor Lister seconded:

    That the Transport Committee report No. 5-2009 be adopted, i.e:

    Legislative authority for establishing subordinate decision-making bodies

    1. That the discharge of the Transport Resolution Subcommittee under clause 30(5), Schedule 7 of the Local Government Act 2002 be approved.
    2. That the appointment of a subordinate decision-making body of officers under clause 30(1) of Schedule 7 of the Local Government Act 2002, and that this subordinate decision-making body be named Transport Management Board be approved.
    3. That the appointment to the Transport Management Board of the Council officers holding the following positions, in each case for the time that he or she holds one of the positions, be approved:
      1. General Manager, Transport
      2. Group Manager Transport, Assets
      3. Group Manager Transport, Parking
    4. That the Council determine that the quorum at a meeting of the Transport Management Board be two members of the Body (refer clause 23, Schedule 7, Local Government Act 2002) be approved.
    5. That the Council approve the delegation to the Transport Management Board of the power to make any decisions of Council under the Auckland City Council Traffic Bylaw 2006 including decisions in respect of:
      1. One way traffic (clause 25.2.2)
      2. Turning restrictions (clause 25.3.2)
      3. Bus priority measures (clause 25.3.3 and 25.3.4)
      4. Heavy motor vehicle restrictions (clause 25.7.2 and 25.7.4)
      5. Stopping, standing and parking restrictions (clause 25.8.1)
      6. Loading zones (clause 25.9)
      7. Bus stops (clause 25.10)
      8. Parking zones (clause 25.11.1)
      9. Parking places, buildings, transport stations (clause 25.13.1)
      10. Residents parking (clause 25.14.1)
      11. Parking meters and pay and display areas (clause 25.15.1)
      12. Special vehicle lanes (clause 25.17)
      13. Cycle paths (clause 25.18.1)
      14. Roads restricted to four wheel drive vehicles - Hauraki Gulf Islands (clause 25.21.2)
      15. Roads restricted to all-terrain vehicles (quad bikes) and motorcycles - Hauraki Gulf Islands (clause 25.22.2)
      16. Statement of scope: Power to make decisions of Auckland City Council under the Council Traffic Bylaw 2006.

    Councillor Baguley moved the following amendment by way of addition:

    Councillor Christian seconded:

    1. That the discharge of the Transport Resolution Subcommittee be effective on 1 November 2009.

    CARRIED

    Councillor Roche moved the following amendment by way of replacement:

    Councillor Boyle seconded:

    1. That the discharge of establishing a body to deal with urgent matters only, such as, carriageway or utility service repairs that would otherwise be dealt with by the Transport Resolution Subcommittee under clause 30(5), Schedule 7 of the Local Government Act 2002 be approved.

    Councillor Roche's amendment was ruled out of order as a direct negative.

    Councillor Fryer moved the following amendment by way of replacement:

    Councillor Donnelly seconded:

    1. That the discharge of the Transport Resolution Subcommittee be effective on from 1 November 2009 2010.

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

    For the Amendment: Against the Amendment:
    Councillors: Leila Boyle

    Cathy Casey

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche

    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills


    His Worship the Mayor was absent.

    The amendment was declared LOST by 12 votes to 7.

    The Chairman put the substantive motion:

    That the Transport Committee report No. 5-2009 be adopted, i.e:

    Legislative authority for establishing subordinate decision-making bodies

    1. That the discharge of the Transport Resolution Subcommittee under clause 30(5), Schedule 7 of the Local Government Act 2002 be approved.
    2. That the appointment of a subordinate decision-making body of officers under clause 30(1) of Schedule 7 of the Local Government Act 2002, and that this subordinate decision-making body be named Transport Management Board be approved.
    3. That the appointment to the Transport Management Board of the Council officers holding the following positions, in each case for the time that he or she holds one of the positions, be approved:
      1. General Manager, Transport
      2. Group Manager Transport, Assets
      3. Group Manager Transport, Parking
    4. That the Council determine that the quorum at a meeting of the Transport Management Board be two members of the Body (refer clause 23, Schedule 7, Local Government Act 2002) be approved.
    5. That the Council approve the delegation to the Transport Management Board of the power to make any decisions of Council under the Auckland City Council Traffic Bylaw 2006 including decisions in respect of:
      1. One way traffic (clause 25.2.2)
      2. Turning restrictions (clause 25.3.2)
      3. Bus priority measures (clause 25.3.3 and 25.3.4)
      4. Heavy motor vehicle restrictions (clause 25.7.2 and 25.7.4)
      5. Stopping, standing and parking restrictions (clause 25.8.1)
      6. Loading zones (clause 25.9)
      7. Bus stops (clause 25.10)
      8. Parking zones (clause 25.11.1)
      9. Parking places, buildings, transport stations (clause 25.13.1)
      10. Residents parking (clause 25.14.1)
      11. Parking meters and pay and display areas (clause 25.15.1)
      12. Special vehicle lanes (clause 25.17)
      13. Cycle paths (clause 25.18.1)
      14. Roads restricted to four wheel drive vehicles - Hauraki Gulf Islands (clause 25.21.2)
      15. Roads restricted to all-terrain vehicles (quad bikes) and motorcycles - Hauraki Gulf Islands (clause 25.22.2)
      16. Statement of scope: Power to make decisions of Auckland City Council under the Council Traffic Bylaw 2006.
    6. That the discharge of the Transport Resolution Subcommittee be effective on 1 November 2009.

    CARRIED

    Councillors Casey, Boyle, Donnelly, Northey and Roche wished their vote against the motion to be recorded.

  9. Top FINANCE AND STRATEGY COMMITTEE REPORT NO. 3-2009

    The updated Finance and Strategy Committee report no. 3-2009 was tabled.

    [ATTACHMENT 9A]

    Councillor Armstrong moved:

    Councillor Lotu-Iiga seconded:

    That the Finance & Strategy Committee report No. 3-2009 be adopted, i.e:

    1. Auckland Regional Transport Network Limited 2008/2009 Annual Report and 2009 Annual Meeting
      1. That the Auckland Regional Transport Network Limited's (ARTNL) 2008/2009 annual report be received, noting that ARTNL made a net surplus after tax of $601,000.
      2. That Auckland City Council recommends to Auckland Regional Transport Network Limited's directors that the 2008/2009 annual report be adopted.
      3. That Auckland City Council votes in favour of the following resolutions for Auckland Regional Transport Network Limited's 2009 annual meeting, to be held by way of written resolution in lieu of a physical meeting:
        1. That the company's and the group's consolidated financial statements for the year ended 30 June 2009 together with the auditor's report and the director's report be received, considered and adopted; and
        2. That the Controller and Auditor General be reappointed as auditor of the company and the consolidated group until the conclusion of the next annual meeting and that the directors be authorised to fix the auditor's fees.
      4. That Councillor Douglas Armstrong, Chairperson of the Finance and Strategy Committee, be delegated to vote on behalf of Auckland City Council and sign documents required to give effect to the proposed resolutions of Auckland Regional Transport Network Limited's 2009 annual meeting.
    2. Renewal of the Exemption for the Mt Albert Grammar School Community Swimming Pool Trust and Arts Regional Trust from Council-controlled Organisation Status

      That the following two trusts in which Auckland City Council has an interest continue to be exempted from council-controlled organisation status under section 7 of the Local Government Act 2002 on the grounds that the benefits of applying the required level of monitoring to the trusts would be outweighed by the costs, and that current reporting arrangements are appropriate:

      1. Mt Albert Grammar School Community Swimming Pool Trust; and
      2. Arts Regional Trust.

    CARRIED

  10. Top REGIONAL GOVERNANCE COMMITTEE REPORT NO. 5-2009

    Deputy Mayor David Hay moved:

    Councillor Moyle seconded:

    That the Regional Governance Committee Report No. 5/2009 be adopted, i.e:

    1. Regional Governance Update
      1. That the Regional Governance Committee notes that the Local Government (Auckland Council) Act 2009 was enacted on 17 September 2009, setting out the broad structure and roles of the Auckland Council.
      2. That the Regional Governance Committee supports Auckland City Council advocating for the inclusion of a general legislative requirement that all local board functions and decisions, including local board plans, are not inconsistent with the strategies, policies, plans and bylaws of the Auckland Council (currently, there is only such a requirement in relation to local bylaws).
      3. That the Regional Governance Committee acknowledges that there is a potential issue in relation to the timeframe for completion of the first local board plans (30 April 2011) that needs to be considered further.
      4. That the Regional Governance Committee notes the updates on boundaries, local boards, transport, strategy and planning, and the Auckland Transition Agency.
      5. That the suggested accountability for all services listed in the 2009/2010 Auckland City Council Services Profile (Transport Committee) be prepared for discussion with some urgency.
    2. Waterfront Governance And Delivery Options
      1. That the Regional Governance Committee endorses Auckland City Council advocating for the establishment of a waterfront development agency to undertake the commercial property development aspects of the waterfront, with all other functions to remain with the Auckland Council.
      2. That the Regional Governance Committee endorses Auckland City Council recommending to government and the Auckland Transition Agency that a final decision on waterfront governance be deferred until after the Auckland Council, the relevant local board, and the regional transport agency are established to allow a fully informed decision on the appropriate split of functions to be made.
      3. That the Regional Governance Committee notes that further work is being undertaken and will be reported back on a range of related issues including whether the Waterfront Development Agency (WDA) is established as a Council Controlled Organisation (CCO) or under specific legislation, the ownership structure and the lifespan of the WDA and integration with the CBD, the local board, and the Auckland Transport Agency.
    3. Local Boards And Wards - Boundaries And Representation Issues
      1. That the Regional Governance Committee notes the issues currently under consideration by the Local Government Commission in relation to regional governance reforms, including:
        • The number and boundaries of wards
        • The number of elected members per ward
        • The number and boundaries of local boards.
      2. That the Regional Governance Committee notes that the material to be provided to the Local Government Commission on 16 October 2009 will include this report and supporting material based on the presentations of 2 October 2009.
      3. That the Regional Governance Committee notes that as part of its submission in response to the draft proposals due to be released by the Local Government Commission in November 2009, Auckland City Council will present its formal position on a range of boundary and representation issues including:
        • The number and boundaries of wards
        • The number of elected members per ward
        • The number and boundaries of local boards.
      4. That the Regional Governance Committee supports the inclusion of the CBD as an electoral subdivision within a wider local board area and that in principle the delegated authority for the CBD area is restricted to residential issues.
      5. That the Regional Governance Committee notes the need for non-residential stakeholders to be included in the governance arrangements for the CBD.
      6. That the Regional Governance Committee supports the inclusion of Waiheke and Great Barrier Islands in the same ward as the CBD.
      7. That the Regional Governance Committee supports Avondale, Blockhouse Bay and Otahuhu retaining their connection with the Auckland isthmus area.
      8. That the Regional Governance Committee delegates authority to the Chairperson, Deputy Chairperson and Councillor Northey to ensure that the material submitted to the Local Government Commission on 16 October 2009, reflects both the majority view of the Council and other views of elected representatives.

    Councillor Northey moved the following amendment by way of replacement to resolution 2B:

    Councillor Fryer seconded:

    1. B. That Auckland City Council advocates to Government for the establishment of a waterfront development agency as a business unit of the Auckland Council reporting to an advisory board, where both staff and board members have commercial property development expertise (similar to the Parking Advisory Board) to undertake the commercial property development aspects of the waterfront, with all other functions to remain with the Auckland Council.

    LOST

    Councillor Boyle moved the following amendment by way of replacement to resolution 1B:

    Councillor Roche seconded:

    1. B. That the Regional Governance Committee supports Auckland City Council advocating for the inclusion of a general legislative requirement that all local board functions and decisions, including local board plans, do not have the effect of counteracting, at a regional level, the strategies, policies, plans and bylaws of the Auckland Council (currently, there is only such a requirement in relation to local bylaws).

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

    For the Amendment: Against the Amendment:
    Councillors: Leila Boyle

    Cathy Casey

    Mark Donnelly

    Graeme Easte

    Glenda Fryer

    Richard Northey

    Denise Roche

    Councillors: Douglas Armstrong

    Ken Baguley

    Aaron Bhatnagar

    Bill Christian

    Paul Goldsmith

    Deputy Mayor David Hay

    John Lister

    Peseta Sam Lotu-Iiga

    Toni Millar

    Greg Moyle

    Graeme Mulholland

    Noelene Raffills


    His Worship the Mayor was absent.

    The amendment was declared LOST by 12 votes to 7.

    The Chairman put the substantive motion:

    That the Regional Governance Committee report No. 5-2009 be adopted, i.e:

    1. Regional Governance Update
      1. That the Regional Governance Committee notes that the Local Government (Auckland Council) Act 2009 was enacted on 17 September 2009, setting out the broad structure and roles of the Auckland Council.
      2. That the Regional Governance Committee supports Auckland City Council advocating for the inclusion of a general legislative requirement that all local board functions and decisions, including local board plans, are not inconsistent with the strategies, policies, plans and bylaws of the Auckland Council (currently, there is only such a requirement in relation to local bylaws).
      3. That the Regional Governance Committee acknowledges that there is a potential issue in relation to the timeframe for completion of the first local board plans (30 April 2011) that needs to be considered further.
      4. That the Regional Governance Committee notes the updates on boundaries, local boards, transport, strategy and planning, and the Auckland Transition Agency.
      5. That the suggested accountability for all services listed in the 2009/2010 Auckland City Council Services Profile (Transport Committee) be prepared for discussion with some urgency.
    2. Waterfront Governance And Delivery Options
      1. That the Regional Governance Committee endorses Auckland City Council advocating for the establishment of a waterfront development agency to undertake the commercial property development aspects of the waterfront, with all other functions to remain with the Auckland Council.
      2. That the Regional Governance Committee endorses Auckland City Council recommending to government and the Auckland Transition Agency that a final decision on waterfront governance be deferred until after the Auckland Council, the relevant local board, and the regional transport agency are established to allow a fully informed decision on the appropriate split of functions to be made.
      3. That the Regional Governance Committee notes that further work is being undertaken and will be reported back on a range of related issues including whether the Waterfront Development Agency (WDA) is established as a Council Controlled Organisation (CCO) or under specific legislation, the ownership structure and the lifespan of the WDA and integration with the CBD, the local board, and the Auckland Transport Agency.
    3. Local Boards And Wards - Boundaries And Representation Issues
      1. That the Regional Governance Committee notes the issues currently under consideration by the Local Government Commission in relation to regional governance reforms, including:
      2. The number and boundaries of wards
      3. The number of elected members per ward
      4. The number and boundaries of local boards.
      5. That the Regional Governance Committee notes that the material to be provided to the Local Government Commission on 16 October 2009 will include this report and supporting material based on the presentations of 2 October 2009.
      6. That the Regional Governance Committee notes that as part of its submission in response to the draft proposals due to be released by the Local Government Commission in November 2009, Auckland City Council will present its formal position on a range of boundary and representation issues including:
        • The number and boundaries of wards
        • The number of elected members per ward
        • The number and boundaries of local boards.
      7. That the Regional Governance Committee supports the inclusion of the CBD as an electoral subdivision within a wider local board area and that in principle the delegated authority for the CBD area is restricted to residential issues.
      8. That the Regional Governance Committee notes the need for non-residential stakeholders to be included in the governance arrangements for the CBD.
      9. That the Regional Governance Committee supports the inclusion of Waiheke and Great Barrier Islands in the same ward as the CBD.
      10. That the Regional Governance Committee supports Avondale, Blockhouse Bay and Otahuhu retaining their connection with the Auckland isthmus area.
      11. That the Regional Governance Committee delegates authority to the Chairperson, Deputy Chairperson and Councillor Northey to ensure that the material submitted to the Local Government Commission on 16 October 2009, reflects both the majority view of the Council and other views of elected representatives.

    CARRIED

    REPORTS OF OFFICERS

  11. Top CHIEF EXECUTIVE'S OCTOBER 2009 REPORT

    The Chief executive's responses to councillors' questions was tabled.

    [ATTACHMENT 11A]

    Deputy Mayor David Hay moved:

    Councillor Christian seconded:

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

    Councillor Northey moved the following amendment by way of addition:

    Councillor Boyle seconded:

    1. That council delegates to the Mayor, Deputy Mayor, Chair of the Finance and Strategy Committee, and Chair of the Audit and Risk Committee the authority to authorise and support the Chief executive in providing appropriate council resources, if requested by Pacific countries hit by the recent tsunami.

    CARRIED

    The Chairman put the substantive motion:

    1. That council notes the significant matters highlighted within the Chief executive's report dated 16 October 2009.
    2. That council delegates to the Mayor, Deputy Mayor, Chair of the Finance and Strategy Committee, and Chair of the Audit and Risk Committee the authority to authorise and support the Chief executive in providing appropriate council resources, if requested by Pacific countries hit by the recent tsunami.

    CARRIED

  12. Top NOTICE OF MOTION - NEW MEETING PROCEDURE REGARDING STATEMENT ON CONFLICTS OF INTEREST

    Councillor Casey moved:

    Councillor Roche seconded:

    That Auckland City Council adopts a new reporting procedure for its meetings to include a statement at the beginning of each agenda that will serve to remind councillors of their requirement under the Code of Conduct to stand aside from decision making when a conflict of interest arises, worded as follows:

    Conflicts of Interest

    The Auckland City Council has acknowledged in its Code of Conduct that the mayor and councillors must maintain a clear separation between their personal interests and their duties as an elected member to ensure they carry out their duties free from bias (whether real or perceived). If an elected member believes that such a bias exists (whether real or perceived) on any matter, they are prohibited from participating in any council discussion or any vote relating to it. This note is provided as a reminder to members to check that no such conflicts arise in relation to any items on the agenda.

    Councillor Bhatnagar moved the following amendment:

    Councillor Millar seconded:

    That council requests officers prepare a report for the Audit and Risk Committee to consider:

    1. the most appropriate way of reminding councillors of their duties and responsibilities to transparent and accountable governance
    2. how elected representatives maintain a clear separation between personal interests and duties as an elected member
    3. any requirements for elected representatives to declare conflicts of interest or perceptions of bias at council, committee  and community board meetings, including any appropriate notes on the agenda to serve as reminders to those representatives.

    CARRIED

    Councillors Boyle, Casey and Fryer requested their vote against the amendment be recorded.

    The Chairman put the substantive motion:

    That council requests officers prepare a report for the Audit and Risk Committee to consider:

    1. the most appropriate way of reminding councillors of their duties and responsibilities to transparent and accountable governance
    2. how elected representatives maintain a clear separation between personal interests and duties as an elected member
    3. any requirements for elected representatives to declare conflicts of interest or perceptions of bias at council, committee  and community board meetings, including any appropriate notes on the agenda to serve as reminders to those representatives.

    CARRIED

    Councillors Boyle, Casey and Fryer requested their vote against the substantive motion be recorded.

    Deputy Mayor David Hay moved:

    Councillor Armstrong seconded:

    That item 14 be taken at this point.

    CARRIED

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

    Deputy Mayor David Hay moved:

    Councillor Moyle 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. C6-2009 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)(a)

    The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

    In particular, the report contains personal information concerning the directors of Auckland International Airport Ltd.

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    CARRIED

  14. Top COUNCILLOR LOTU-IIGA - PERSONAL ADDRESS - RESIGNATION

    Secretarial Note: Councillor Lotu-Iiga tendered his resignation and thanked the staff and councillors for their support during his time as councillor at Auckland City Council.

    The Deputy Mayor, David Hay, thanked Councillor Lotu-Iiga for his contribution to council.

    Deputy Mayor David Hay moved:

    Councillor Armstrong seconded:

    That Councillor Lotu-Iiga's resignation be accepted with regret and that he be wished all the best for his future endeavours.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 8:25pm.

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