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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
AUCKLAND CITY COUNCIL
HELD ON THURSDAY, 23 SEPTEMBER 2010 AT 6:00PM
IN THE COUNCIL CHAMBERS
GROUND FLOOR, AUCKLAND TOWN HALL

SPECIAL RECOGNITION

His Worship the Mayor congratulated Councillor Christian on attaining his 70th birthday and wished him all the best for the future.

1. APOLOGIES

   Deputy Mayor David Hay moved:
   Councillor Armstrong seconded:

   That the apology from Councillor Boyle for non-attendance be accepted.

   CARRIED

2. MINUTES

   Deputy Mayor David Hay moved:
   Councillor Armstrong seconded:

   That the minutes of the ordinary meeting of Council held on Thursday, 26 August 2010 be confirmed as a true and correct record.

   CARRIED

3. LEAVE OF ABSENCE

   There were no requests for leave of absence.

4. PETITIONS

   There were no petitions.

5. DEPUTATIONS

   There were no requests for deputations.

6. EXTRAORDINARY BUSINESS

   6.1 EXTRAORDINARY BUSINESS - COUNCILLOR EASTE - NOTICE OF MOTION - STATE HIGHWAY 20 WATERVIEW SUBMISSIONS PROCESS

   Councillor Easte moved:
   Councillor Casey seconded:

   That an extraordinary item of business be considered as item 22 regarding a notice of motion from Councillor Easte in relation to the State Highway 20 Waterview submissions process, noting the reason for urgency is because this is the final meeting of the Auckland City Council and the submission process will conclude before the new Auckland Council can act on the matter.

   CARRIED

7. CITY DEVELOPMENT COMMITTEE REPORT NO. 08-2010

   An updated Plan Modification 4 document was tabled.

   [ATTACHMENT 7A]

   Councillor Bhatnagar moved:
   Councillor Raffills seconded:

   That the City Development Committee Report No. 08-2010 be adopted, i.e.

   1. Wynyard Quarter Plan Modifications - Operative In Part

      That, as a result of the substantial progress made in resolving the Environment Court appeals in respect of the Wynyard Quarter plan modifications:

      1. the council approves those parts of the Wynyard Quarter plan modifications that are no longer subject to challenge (set out in attachment 1 to the report entitled Wynyard Quarter Plan Modifications - operative in part) enabling the plan modifications to become 'operative in part'
      2. the manager central area planning is authorised to complete the necessary statutory steps required to make Proposed Plan Modification 4 to the Operative District Plan (Central Area Section) operative in part
      3. the manager central area planning is authorised to complete the necessary statutory steps required to make Proposed Plan Modification 43 to the Operative District Plan (Central Area Section) and Proposed Plan Modification 33 to the Proposed District Plan (Central Area Section) operative
      4. plan modification 17 (a notice of requirement for public open space and road) relating to the proposed Linear Park is reduced in extent so that it only applies south of Pakenham Street, as the related plan modification 38 is now beyond challenge
      5. plan modifications 20 and 24 (notices of requirement for public open space and road) relating to the Jellicoe Street area are formally withdrawn, as the replacement plan modifications 39 and 40 are now beyond challenge.
   2. Plan Change 218 - Approval to Include Three Buildings into the Heritage Schedule of District Plan
      1. That plan change 218, which incorporates the following buildings as category B items into the schedule of buildings, objects and places be incorporated into the District Plan:
         • 75 Parnell Road, Parnell (Mayfair Flats)
         • 317 St Heliers Bay Road, St Heliers (Blumenthal/Mondrian House)
         • 105 Tamaki Drive, Mission Bay (Garden Court Flats).
      2. That the Heritage Manager be authorised to publicly notify the date on which plan change 218 will become operative.
   3. Plan Change 219 Kohimarama Retirement Village - to be made Operative
      1. That council approves plan change 219 - re-zoning land at 223 Kohimarama Road and 7 John Rymer Place, Kohimarama from Special Purpose 2 and Residential 6a to Special Purpose 1, and applying a site-specific concept plan (C14-05) for Kohimarama Retirement Village in the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative in accordance with the consent order version in Appendix 1 of the report of the consultant planner dated 19 August 2010.
      2. That the Manager, outer isthmus, be authorised to complete the statutory processes required to make plan change 219 operative.

   Councillor Bhatnagar moved the following amendment to by way of addition to 1.:
   Councillor Hay seconded:

   6. that in light of the Environment Court approving a further consent order relating to Proposed Plan Modification 4 to the Operative District Plan (Central Area Section) subsequent to the City Development Committee meeting, the council approves the following additional amendments to the Operative District Plan (Central Area Section):

   Amend 14.9.3.8 Objective - Reverse Sensitivity and Amenity by:

   1. Amending the Objective in the following manner:

      Management of conflicts between different uses to ensure the efficient operation of marine industry and fishing industry, and other industry and regionally significant transport infrastructure and enabling the marine events centre and public spaces to be used for a range of public events.
      

   2. Inserting a new Method as follows:

   4. By requiring accommodation to be designed to achieve minimum acoustic attenuation standards to provide an acceptable level of internal amenity for occupants.

   CARRIED

   His Worship the Mayor put the substantive motion:

   That the City Development Committee Report No. 08-2010 be adopted, as amended, i.e.

   1. Wynyard Quarter Plan Modifications - Operative In Part

      That, as a result of the substantial progress made in resolving the Environment Court appeals in respect of the Wynyard Quarter plan modifications:

      1. the council approves those parts of the Wynyard Quarter plan modifications that are no longer subject to challenge (set out in attachment 1 to the report entitled Wynyard Quarter Plan Modifications - operative in part) enabling the plan modifications to become 'operative in part'
      2. the manager central area planning is authorised to complete the necessary statutory steps required to make Proposed Plan Modification 4 to the Operative District Plan (Central Area Section) operative in part
      3. the manager central area planning is authorised to complete the necessary statutory steps required to make Proposed Plan Modification 43 to the Operative District Plan (Central Area Section) and Proposed Plan Modification 33 to the Proposed District Plan (Central Area Section) operative
      4. plan modification 17 (a notice of requirement for public open space and road) relating to the proposed Linear Park is reduced in extent so that it only applies south of Pakenham Street, as the related plan modification 38 is now beyond challenge
      5. plan modifications 20 and 24 (notices of requirement for public open space and road) relating to the Jellicoe Street area are formally withdrawn, as the replacement plan modifications 39 and 40 are now beyond challenge.
      6. vi) that in light of the Environment Court approving a further consent order relating to Proposed Plan Modification 4 to the Operative District Plan (Central Area Section) subsequent to the City Development Committee meeting, the council approves the following additional amendments to the Operative District Plan (Central Area Section):

   Amend 14.9.3.8 Objective - Reverse Sensitivity and Amenity by:

   1. Amending the Objective in the following manner:

      Management of conflicts between different uses to ensure the efficient operation of marine industry and fishing industry, and other industry and regionally significant transport infrastructure and enabling the marine events centre and public spaces to be used for a range of public events.
      

   2. Inserting a new Method as follows:

   4. By requiring accommodation to be designed to achieve minimum acoustic attenuation standards to provide an acceptable level of internal amenity for occupants.

   2. Plan Change 218 - Approval to Include Three Buildings into the Heritage Schedule of District Plan
      1. That plan change 218, which incorporates the following buildings as category B items into the schedule of buildings, objects and places be incorporated into the District Plan:
         • 75 Parnell Road, Parnell (Mayfair Flats)
         • 317 St Heliers Bay Road, St Heliers (Blumenthal/Mondrian House)
         • 105 Tamaki Drive, Mission Bay (Garden Court Flats).
      2. That the Heritage Manager be authorised to publicly notify the date on which plan change 218 will become operative.
   3. Plan Change 219 Kohimarama Retirement Village - to be made Operative
      1. That council approves plan change 219 - re-zoning land at 223 Kohimarama Road and 7 John Rymer Place, Kohimarama from Special Purpose 2 and Residential 6a to Special Purpose 1, and applying a site-specific concept plan (C14-05) for Kohimarama Retirement Village in the Auckland City District Plan: Isthmus Section 1999, in order that the plan change can be made operative in accordance with the consent order version in Appendix 1 of the report of the consultant planner dated 19 August 2010.
      2. That the Manager, outer isthmus, be authorised to complete the statutory processes required to make plan change 219 operative.

   CARRIED

8. TRANSPORT COMMITTEE REPORT NO. 02-2010

   Councillor Baguley moved:
   Councillor Lister seconded:

   That the Transport Committee Report No. 02-2010 be adopted, i.e.:

   Proposed Pedestrian Mall for Governor Fitzroy Place, Central Business District (CBD)

   That council approve the commencement of the Special Consultative Procedures for the Governor Fitzroy Place pedestrian mall proposal project.

   CARRIED

9. FINANCE AND STRATEGY COMMITTEE REPORT NO. 04-2010

   The updated Finance and Strategy Committee Report No. 04-2010 containing the Finance and Strategy Committee's resolutions was tabled.

   [ATTACHMENT 9A]

   Councillor Armstrong moved:
   Councillor Goldsmith seconded:

   That the Finance and Strategy Committee Report No. 04-2010 be adopted, i.e.:

   Proposed Government Financial Assistance Package for Leaky Home Owners

   1. That council notes that:
      1. the very substantial harmful impact on our rate payers who find themselves living in leaky houses in terms of cost uncertainty, living conditions and effects on health
      2. the current system allows resolution only via a litigation route which can be at significant cost, and can create barriers to homeowners seeking solutions
      3. the Government has promoted a financial assistance package which has been developed in partnership with councils which offers a different approach
      4. the financial assistance package is optional so affected persons can choose which system they prefer and no one is made worse off;
      5. a significant number of our ratepayers will benefit from having choice and they should have this option
      6. the liability i.e. 25% of repair costs is reasonably similar to long term expected cost for council but there will be more upfront cost for the financial assistance package
      7. current evaluations lead us to believe we can manage the new scheme within current provisions and contingent liability.
   2. That council thanks the Government for advancing a partnership approach to resolve the issue for leaky building owners.
   3. That council agrees to opt-in to the Financial Assistance Package subject to:
      1. Third party legislation protection being introduced and passed to the satisfaction of the Chief Executive; or if legislation is not passed, an alternative agreement being reached that indemnifies council for all liability and associated costs (to the satisfaction of the Chief Executive)
      2. eligibility criteria not being extended beyond the current classes of eligible claimants including through evolution of case law
      3. Government and Territorial Authorities (TAs) enter a side agreement whereby neither the government nor TAs will use the Financial Assistance Package for their own housing stock
      4. eligibility issues around other fully commercial operators who are not currently accessing the service, being resolved.
   4. That Council authorises the Chief executive to sign the final agreement for the Financial Assistance Package following introduction and passage of the relevant legislation.
   5. That Council notes that the Financial Assistance Package needs Auckland Transition Authority confirmation pursuant to the Local Government (Tamaki Makaurau Reorganisation) Act 2009.

   Councillor Casey moved the following amendment by way of addition to C(i):
   Councillor Fryer seconded:

   3. That council agrees to opt-in to the Financial Assistance Package subject to:
      1. Third party legislation protection being introduced and passed to the satisfaction of the Chief Executive; or if legislation is not passed, an alternative agreement being reached that indemnifies council for all liability and associated costs (to the satisfaction of the Chief Executive) and the Chairs of the Finance and Strategy Committee and the Audit and Risk Committee or their successors.

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

   For the Amendment:		Against the Amendment:
   Councillors:	Cathy Casey Graeme Easte Glenda Fryer Richard Northey	Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Bill Christian Mark Donnelly Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Greg Moyle Graeme Mulholland Noelene Raffills Denise Roche His Worship the Mayor

   
   Councillor Leila Boyle was absent.

   The amendment was declared LOST by 14 votes to 4.

   His Worship the Mayor put the substantive motion:

   That the Finance and Strategy Committee Report No. 04-2010 be adopted, i.e.:

   Proposed Government Financial Assistance Package for Leaky Home Owners

   1. That council notes that:
      1. the very substantial harmful impact on our rate payers who find themselves living in leaky houses in terms of cost uncertainty, living conditions and effects on health
      2. the current system allows resolution only via a litigation route which can be at significant cost, and can create barriers to homeowners seeking solutions
      3. the Government has promoted a financial assistance package which has been developed in partnership with councils which offers a different approach
      4. the financial assistance package is optional so affected persons can choose which system they prefer and no one is made worse off
      5. a significant number of our ratepayers will benefit from having choice and they should have this option
      6. the liability i.e. 25% of repair costs is reasonably similar to long term expected cost for council but there will be more upfront cost for the financial assistance package
      7. current evaluations lead us to believe we can manage the new scheme within current provisions and contingent liability.
   2. That council thanks the Government for advancing a partnership approach to resolve the issue for leaky building owners.
   3. That council agrees to opt-in to the Financial Assistance Package subject to:
      1. Third party legislation protection being introduced and passed to the satisfaction of the Chief Executive; or if legislation is not passed, an alternative agreement being reached that indemnifies council for all liability and associated costs (to the satisfaction of the Chief Executive)
      2. eligibility criteria not being extended beyond the current classes of eligible claimants including through evolution of case law
      3. Government and Territorial Authorities (TAs) enter a side agreement whereby neither the government nor TAs will use the Financial Assistance Package for their own housing stock
      4. eligibility issues around other fully commercial operators who are not currently accessing the service, being resolved.
   4. That Council authorises the Chief executive to sign the final agreement for the Financial Assistance Package following introduction and passage of the relevant legislation.
   5. That Council notes that the Financial Assistance Package needs Auckland Transition Authority confirmation pursuant to the Local Government (Tamaki Makaurau Reorganisation) Act 2009.

   CARRIED

10. URGENT DECISION OF THE COMMUNITY SERVICES COMMITTEE

    Councillor Goldsmith moved:
    Councillor Raffills seconded:

    That the urgent decision of the Community Services Committee regarding Panmure Tamaki-Maungakiekie local board accommodation be received.

    Councillor Fryer moved the following amendment by way of addition:
    Councillor Northey seconded:

    That the urgent decision of the Community Services Committee regarding Panmure Tamaki-Maungakiekie local board accommodation be received, however, it be noted that the correct name of the Board concerned is the Maungakiekie-Tamaki Local Board.

    CARRIED

    His Worship the Mayor put the substantive motion:

    That the urgent decision of the Community Services Committee regarding Panmure Tamaki-Maungakiekie local board accommodation be received, however, it be noted that the correct name of the Board concerned is the Maungakiekie-Tamaki Local Board.

    CARRIED

11. HEARINGS PANEL REPORT NO. 13-2010

    Councillor Bhatnagar moved:
    Councillor Mulholland seconded:

    That the Hearings Panel Report No 13-2010 be adopted, i.e.:

    Proposed Private Plan Modification 235: 286 Mt Wellington Highway (Sylvia Park)

    1. That, pursuant to Clause 10 of the First Schedule to the Resource Management Act 1991, Proposed Plan Modification 235 as modified and contained in attachment 1 of the Hearings Panel Report dated 15 August 2010, be accepted for the following reasons:
       • The plan modification:
         1. is the most appropriate way to achieve the objectives of the plan (S 32(3)(b)); and
         2. will assist the Council to carry out its functions in order to achieve the purpose of the Act (S 72); and
         3. is in accordance with and will give effect to the provisions of Part 2 of the Act(S 74(1)).
    2. That the submissions on Proposed Plan Modification 235 be accepted, accepted in part or rejected, as outlined below.

       That the following submissions be rejected:

       1, 7, 9, 13/2, 15/1, 16, 17/1, 20/1.

       That the following submissions be accepted or accepted in part to the extent that their relief is addressed in the recommended modifications:

       10, 12/6, 12/7, 13/1, 14/2, 15/5, 17/2(m), 17/2(n), 18, 19/2, 19/4, 20/2, 20/3, 20/4, 20/5, 22/1, 22/2, 22/3, 23/1, 23/2, 24/2, 24/7.

       That the following submissions be rejected for the reason that the amendments or relief sought is not considered necessary:

       2, 3, 4, 5, 6, 8 (all parts), 12/1 - 12/5, 14/1, 14/3, 15/1 - 15/4, 17/2 (a, b, c, d, e, f, g, h, i, j, k, l, o), 19/1, 19/3, 19/5, 21, 24/1, 24/3, 24/4, 24/5, 24/6.
       

    3. That the further submissions be accepted, accepted in part, or rejected based on the decisions made on the prime submissions in resolution B above.

       Councillor Northey moved the following amendment by way of addition:
       Councillor Fryer seconded:
       

    4. That the report and decisions be referred to the September 2010 meeting of Tamaki Community Board for its information, noting that only one of the three parts of the Board's submission has been accepted, that a financial contribution of $1.5 million for off-site amenities including children's play areas has been required but not meeting the Board's concerns concerning amenity values, height and bulk.

    LOST

    His Worship the Mayor put the substantive motion:

    That the Hearings Panel Report No 13-2010 be adopted, i.e.:

    Proposed Private Plan Modification 235: 286 Mt Wellington Highway (Sylvia Park)

    1. That, pursuant to Clause 10 of the First Schedule to the Resource Management Act 1991, Proposed Plan Modification 235 as modified and contained in attachment 1 of the Hearings Panel Report dated 15 August 2010, be accepted for the following reasons:
       • The plan modification:
         1. is the most appropriate way to achieve the objectives of the plan (S 32(3)(b)); and
         2. will assist the Council to carry out its functions in order to achieve the purpose of the Act (S 72); and
         3. is in accordance with and will give effect to the provisions of Part 2 of the Act(S 74(1)).
    2. That the submissions on Proposed Plan Modification 235 be accepted, accepted in part or rejected, as outlined below.

       That the following submissions be rejected:

       That the following submissions be accepted or accepted in part to the extent that their relief is addressed in the recommended modifications:

       That the following submissions be rejected for the reason that the amendments or relief sought is not considered necessary:
        

    3. That the further submissions be accepted, accepted in part, or rejected based on the decisions made on the prime submissions in resolution B above.

    CARRIED

12. HEARINGS PANEL REPORT NO. 14-2010

    Updated concept plans relating to the Westfield St Lukes Proposed Plan Modification 8 were tabled.

    [ATTACHMENT 12A]

    Councillor Bhatnagar moved:
    Councillor Mulholland seconded:

    That the Hearings Panel Report No 14-2010 be adopted, i.e.:

    Proposed Private Plan Modification 8: Westfield St Lukes

    1. That, pursuant to Clause 10 of the First Schedule to the Resource Management Act 1991, Proposed Plan Modification 8 as modified and contained in attachment A of the Hearings Panel Report dated 18 August 2010, be accepted for the reasons outlined in the Hearings Panel Report dated 18 August 2010.
    2. That pursuant to sections 37 and 37A of the Resource Management Act 1991, the time limit for lodging submissions is not extended and the following submissions be rejected:

       395/1, 533/1, 534/1, 535/1, 536/1, 537/1, 878/1, 892/1, 1102/1-6, 1103/1.
       

    3. That the following submissions be accepted, rejected, or accepted in part.
       1. The following submissions sought that the application be accepted and their submissions are accepted in part.

          13/1, 14/1, 15/1, 16/1, 17/1, 18/1, 19/1, 20/1, 21/1, 22/1, 23/1, 24/1, 25/1, 26/1, 27/1, 28/1, 29/1, 30/1, 32/1, 33/1, 34/1, 35/1, 36/1, 37/1, 38/1, 39/1, 40/1, 41/1, 42/1, 43/1, 44/1, 45/1, 46/1, 47/1, 48/1, 49/1, 50/1, 51/1, 52/1, 53/1, 54/1, 55/1, 56/1, 57/1, 58/1, 59/1, 60/1, 61/1, 62/1, 63/1, 64/1, 65/1, 66/1, 67/1, 68/1, 69/1, 70/1, 71/1, 72/1, 73/1, 74/1, 75/1, 76/1, 77/1, 78/1, 80/1, 81/1, 82/1, 84/1, 85/1, 86/1, 87/1, 88/1, 89/1, 90/1, 91/1, 92/1, 93/1, 94/1, 95/1, 96/1, 97/1, 98/1, 99/1, 100/1, 101/1, 103/1, 104/1, 105/1, 106/1, 107/1, 108/1, 109/1, 110/1, 111/1, 112/1, 113/1, 114/1, 115/1, 116/1, 117/1, 118/1, 119/1, 120/1, 121/1, 122/1, 123/1, 124/1, 125/1, 126/1, 127/1, 128/1, 130/1, 131/1, 132/1, 133/1, 134/1, 135/1, 136/1, 137/1, 139/1, 140/1, 141/1, 142/1, 143/1, 144/1, 145/1, 146/1, 147/1, 148/1, 149/1, 150/1, 151/1, 152/1, 154/1, 155/1, 156/1, 159/1, 160/1, 161/1, 162/1, 163/1, 165/1, 168/1, 169/1, 170/1, 171/1, 172/1, 173/1, 174/1, 175/1, 176/1, 179/1, 180/1, 182/1, 184/1, 185/1, 186/1, 187/1, 188/1, 189/1, 190/1, 191/1, 192/1, 193/1, 194/1, 195/1, 196/1, 198/1, 199/1, 200/1, 206/1, 212/1, 213/1, 214/1, 215/1, 216/1, 217/1, 218/1, 219/1, 220/1, 221/1, 222/1, 223/1, 224/1, 225/1, 226/1, 228/1, 229/1, 230/1, 231/1, 232/1, 233/1, 234/1, 235/1, 236/1, 237/1, 238/1, 239/1, 240/1, 241/1, 242/1, 243/1, 244/1, 245/1, 246/1, 247/1, 248/1, 249/1, 250/1, 251/1, 252/1, 253/1, 254/1, 255/1, 256/1, 257/1, 258/1, 262/1, 263/1, 264/1, 265/1, 266/1, 267/1, 268/1, 269/1, 270/1, 271/1, 272/1, 273/1, 274/1, 275/1, 276/1, 277/1, 278/1, 279/1, 280/1, 281/1, 282/1, 283/1, 284/1, 285/1, 286/1, 287/1, 288/1, 289/1, 290/1, 291/1, 292/1, 293/1, 294/1, 295/1, 296/1, 297/1, 298/1, 299/1, 300/1, 301/1, 302/1, 303/1, 305/1, 306/1, 307/1, 308/1, 309/1, 310/1, 311/1, 312/1, 313/1, 314/1, 315/1, 316/1, 317/1, 318/1, 319/1, 367/1, 368/1, 369/1, 370/1, 371/1, 372/1, 373/1, 374/1, 375/1, 376/1, 380/1, 491/1, 497/1, 498/1, 499/1, 500/1, 501/1 and 502/1.
          

       2. The following submissions sought that the Plan Change be accepted with amendments:
          1. and their submissions are accepted to the extent that their relief is addressed in the Plan Change

             356/9, 377/4, 379/6, 944/2, 944/3 and 944/7.
             

          2. and their submissions are accepted in part to the extent that their relief is partly addressed in the Plan Change or through the provision of additional information

             167/1, 203/1, 336/1, 336/3, 337/1, 337/3, 337/6, 337/7, 337/8, 337/9, 342/1, 351/1, 351/2, 351/4, 356/2, 356/3, 356/4, 356/8, 356/10, 356/11, 356/12, 358/2, 358/3, 377/1, 377/2, 377/3, 377/5, 378/1, 379/1, 379/2, 379/3, 379/5, 379/7, 381/1, 944/1 and 944/4.
             

          3. and their submissions are rejected

             167/2, 167/3, 167/4, 203/2, 203/3, 203/4, 336/2, 336/4, 336/5, 337/2, 337/4, 337/5, 351/3, 351/5, 351/6, 356/1, 356/5, 356/6, 356/7, 358/1, 379/4, 944/5 and 944/6.
             

       3. The following submissions sought that the Plan Change be declined and their submissions are rejected.

          1/1, 2/1, 5/1, 6/1, 7/1, 8/1, 12/1, 102/1, 129/1, 158/1, 181/1, 153/1, 164/1, 166/1, 201/1, 202/1, 204/1, 205/1, 207/1, 208/1, 209/1, 210/1, 211/1, 227/1, 321/1, 322/1, 323/1, 324/1, 325/1, 326/1, 327/1, 328/1, 329/1, 330/1, 331/1, 332/1, 333/1, 334/1, 335/1, 339/1, 339/2, 339/3, 339/4, 339/5, 339/6, 341/1, 344/1, 344/2, 344/3, 344/4, 345/1, 345/2, 345/3, 345/4, 346/1, 346/2, 346/3, 346/4, 347/1, 348/1, 349/1, 350/1, 352/1, 353/1, 353/2, 354/1, 359/1, 360/1, 361/1, 362/1, 364/1, 365/1, 382/1, 383/1, 384/1, 385/1, 386/1, 387/1, 388/1, 389/1, 390/1, 391/1, 392/1, 393/1, 394/1, 396/1, 397/1, 398/1, 399/1, 400/1, 401/1, 402/1, 403/1, 404/1, 405/1, 406/1, 407/1, 408/1, 409/1, 410/1, 411/1, 412/1, 413/1, 414/1, 415/1, 416/1, 417/1, 418/1, 419/1, 420/1, 421/1, 422/1, 423/1, 424/1, 425/1, 426/1, 427/1, 428/1, 429/1, 430/1, 431/1, 432/1, 433/1, 434/1, 435/1, 436/1, 437/1, 438/1, 439/1, 440/1, 441/1, 442/1, 443/1, 444/1, 445/1, 446/1, 447/1, 448/1, 449/1, 450/1, 451/1, 452/1, 453/1, 454/1, 455/1, 456/1, 457/1, 458/1, 459/1, 460/1, 461/1, 462/1, 463/1, 464/1, 465/1, 466/1, 467/1, 468/1, 469/1, 470/1, 471/1, 472/1, 473/1, 474/1, 475/1, 476/1, 477/1, 478/1, 479/1, 480/1, 481/1, 482/1, 483/1, 484/1, 485/1, 486/1, 487/1, 488/1, 489/1, 490/1, 492/1, 493/1, 494/1, 495/1, 496/1, 496/2, 496/3, 503/1, 504/1, 505/1, 506/1, 507/1, 508/1, 509/1, 510/1, 511/1, 512/1, 513/1, 514/1, 515/1, 516/1, 517/1, 518/1, 519/1, 520/1, 521/1, 522/1, 523/1, 524/1, 525/1, 526/1, 527/1, 528/1, 529/1, 530/1, 531/1, 532/1, 538/1, 539/1, 540/1, 541/1, 542/1, 543/1, 543/2, 543/3, 543/4, 544/1, 545/1, 546/1, 547/1, 547/2, 547/3, 547/4, 547/5, 547/6, 548/1, 549/1, 550/1, 551/1, 552/1, 553/1, 554/1, 555/1, 556/1, 557/1, 558/1, 558/2, 559/1, 560/1, 561/1, 562/1, 563/1, 563/2, 564/1, 565/1, 566/1, 567/1, 568/1, 569/1, 570/1, 571/1, 572/1, 573/1, 574/1, 575/1, 576/1, 577/1, 578/1, 579/1, 580/1, 581/1, 582/1, 583/1, 584/1, 585/1, 586/1, 587/1, 588/1, 589/1, 590/1, 591/1, 592/1, 593/1, 594/1, 595/1, 596/1, 597/1, 598/1, 599/1, 600/1, 601/1, 602/1, 603/1, 604/1, 605/1, 606/1, 607/1, 608/1, 609/1, 610/1, 610/2, 610/3, 610/4, 610/5, 610/6, 610/7, 610/8, 610/9, 610/10, 611/1, 612/1, 613/1, 614/1, 615/1, 616/1, 617/1, 618/1, 619/1, 620/1, 621/1, 622/1, 623/1, 624/1, 625/1, 626/1, 627/1, 628/1, 629/1, 630/1, 631/1, 632/1, 633/1, 634/1, 635/1, 636/1, 637/1, 638/1, 639/1, 640/1, 641/1, 642/1, 643/1, 644/1, 645/1, 646/1, 647/1, 648/1, 649/1, 650/1, 651/1, 652/1, 652/2, 652/3, 652/4, 652/5, 653/1, 654/1, 655/1, 656/1, 657/1, 659/1, 660/1, 661/1, 661/2, 661/3, 661/4, 661/5, 661/6, 662/1, 663/1, 664/1, 665/1, 666/1, 667/1, 668/1, 669/1, 670/1, 670/2, 670/3, 670/4, 671/1, 672/1, 673/1, 674/1, 675/1, 676/1, 677/1, 678/1, 679/1, 680/1, 681/1, 682/1, 683/1, 684/1, 685/1, 686/1, 687/1, 688/1, 689/1, 690/1, 691/1, 692/1, 693/1, 694/1, 695/1, 696/1, 697/1, 698/1, 699/1, 700/1, 701/1, 702/1, 703/1, 704/1, 705/1, 706/1, 707/1, 708/1, 709/1, 710/1, 711/1, 712/1, 713/1, 714/1, 715/1, 716/1, 717/1, 718/1, 719/1, 720/1, 721/1, 722/1, 723/1, 724/1, 725/1, 726/1, 727/1, 728/1, 729/1, 730/1, 731/1, 732/1, 733/1, 734/1, 735/1, 736/1, 737/1, 738/1, 739/1, 740/1, 741/1, 742/1, 743/1, 744/1, 745/1, 746/1, 747/1, 748/1, 749/1, 750/1, 751/1, 752/1, 753/1, 754/1, 755/1, 756/1, 757/1, 758/1, 759/1, 760/1, 761/1, 762/1, 763/1, 764/1, 765/1, 766/1, 767/1, 768/1, 769/1, 770/1, 771/1, 772/1, 773/1, 774/1, 775/1, 776/1, 777/1, 778/1, 779/1, 780/1, 781/1, 782/1, 783/1, 784/1, 785/1, 786/1, 787/1, 788/1, 789/1, 790/1, 791/1, 792/1, 793/1, 794/1, 795/1, 796/1, 797/1, 798/1, 799/1, 800/1, 801/1, 802/1, 803/1, 804/1, 805/1, 806/1, 807/1, 808/1, 809/1, 810/1, 811/1, 812/1, 813/1, 814/1, 815/1, 816/1, 817/1, 818/1, 819/1, 820/1, 821/1, 822/1, 823/1, 824/1, 825/1, 826/1, 827/1, 828/1, 829/1, 830/1, 831/1, 832/1, 833/1, 834/1, 835/1, 836/1, 837/1, 838/1, 839/1, 840/1, 841/1, 842/1, 843/1, 844/1, 845/1, 846/1, 847/1, 848/1, 849/1, 850/1, 851/1, 852/1, 853/1, 854/1, 855/1, 856/1, 857/1, 858/1, 859/1, 860/1, 861/1, 862/1, 863/1, 864/1, 865/1, 866/1, 867/1, 868/1, 869/1, 870/1, 871/1, 872/1, 873/1, 875/1, 876/1, 877/1, 879/1, 880/1, 881/1, 882/1, 883/1, 884/1, 885/1, 886/1, 887/1, 888/1, 889/1, 890/1, 891/1, 893/1, 894/1, 895/1, 896/1, 897/1, 898/1, 899/1, 900/1, 902/1, 903/1, 904/1, 905/1, 906/1, 907/1, 908/1, 909/1, 910/1, 911/1, 912/1, 913/1, 914/1, 915/1, 916/1, 916/2, 917/1, 918/1, 919/1, 920/1, 921/1, 922/1, 923/1, 924/1, 925/1, 926/1, 927/1, 928/1, 929/1, 930/1, 931/1, 932/1, 933/1, 934/1, 935/1, 936/1, 937/1, 938/1, 939/1, 940/1, 941/1, 942/1, 943/1, 945/1, 946/1, 947/1, 948/1, 949/1, 950/1, 951/1, 952/1, 953/1, 954/1, 955/1, 956/1, 957/1, 958/1, 959/1, 960/1, 961/1, 962/1, 963/1, 964/1, 965/1, 966/1, 967/1, 968/1, 969/1, 970/1, 971/1, 972/1, 973/1, 974/1, 975/1, 976/1, 977/1, 978/1, 979/1, 980/1, 981/1, 982/1, 983/1, 984/1, 985/1, 986/1, 987/1, 988/1, 989/1, 990/1, 991/1, 992/1, 993/1, 994/1, 995/1, 996/1, 997/1, 998/1, 999/1, 1000/1, 1001/1, 1002/1, 1003/1, 1004/1, 1005/1, 1006/1, 1007/1, 1008/1, 1009/1, 1010/1, 1011/1, 1012/1, 1013/1, 1014/1, 1015/1, 1016/1, 1017/1, 1018/1, 1019/1, 1020/1, 1021/1, 1022/1, 1023/1, 1024/1, 1025/1, 1026/1, 1027/1, 1028/1, 1029/1, 1030/1, 1031/1, 1032/1, 1033/1, 1034/1, 1035/1, 1036/1, 1037/1, 1038/1, 1039/1, 1040/1, 1041/1, 1042/1, 1043/1, 1044/1, 1045/1, 1046/1, 1047/1, 1048/1, 1049/1, 1050/1, 1051/1, 1052/1, 1053/1, 1054/1, 1055/1, 1056/1, 1057/1, 1058/1, 1059/1, 1060/1, 1061/1, 1062/1, 1063/1, 1064/1, 1065/1, 1066/1, 1067/1, 1068/1, 1069/1, 1070/1, 1071/1, 1072/1, 1073/1, 1074/1, 1075/1, 1076/1, 1077/1, 1078/1, 1079/1, 1080/1, 1081/1, 1082/1, 1083/1, 1084/1, 1085/1, 1086/1, 1087/1, 1088/1, 1089/1, 1090/1, 1091/1, 1092/1, 1093/1, 1094/1, 1095/1, 1096/1, 1097/1, 1098/1, 1099/1, 1100/1 and 1101/1.
          

       4. The following submissions sought that the Plan Change be declined, or accepted with amendments as an alternative to decline
          1. and their submissions are rejected

             11/1-3, 320/1, 338/1, 338/2, 338/3, 338/5, 338/7, 340/1, 340/2, 340/3, 340/5, 340/7, 343/1, 343/2, 343/3, 343/4, 343/5, 357/1-3, 363/1, 363/2, 363/3, 363/4, 363/6, 363/7, 363/8, 363/9, 366/2 and 366/3.
             

          2. and their submissions are accepted in part

             10/1, 338/4, 338/6, 340/4, 340/6, 363/5, 366/1 and 366/4.
             

       5. The following submissions that did not specify a decision be rejected

          3/1, 4/1, 9/1, 31/1, 183/1, 261/1 and 658/1.
          

       6. The following submissions that were unclear what decision is being sought be rejected.

          83/1, 138/1, 177/1, 178/1, 197/1, 259/1, 260/1 and 304/1.
          

    4. That further submissions numbered 1 - 20 be accepted, accepted in part, or rejected based on the recommendations made on the primary submissions.

    Councillor Donnelly moved the following amendment by way of replacement:
    Councillor Roche seconded:

    That due to the omission of a requirement for a Structure Plan, Council declines to adopt the Hearings Panel Report No 14-2010, and that officers are requested to commence a re-hearing process.

    Secretarial note: Councillor Donnelly withdrew his amendment in light of Councillor Bhatnagar's foreshadowed amendment.

    Councillor Fryer moved the following amendment by way of replacement:
    Councillor Easte seconded:

    1. That a new hearings panel be appointed to rehear the proposed private plan modification 8: Westfield St Lukes.
    2. That Councillor Casey be appointed to the hearings panel concerned.

    Councillor Fryer withdrew her amendment in light of Councillor Bhatnagar's foreshadowed amendment.
    Councillor Bhatnagar moved the following amendment:
    Councillor Armstrong seconded:

    That the decision on the Hearings Panel report no. 14-2010, Proposed Plan Modification 8 : Westfield St Lukes be deferred pending a report from the officers on the items of concern raised by the residents and that a final decision be taken by the Council before 31 October 2010.

    CARRIED

    Councillor Casey neither spoke nor voted on the amendment.
    His Worship the Mayor put the substantive motion:

    That the decision on the Hearings Panel report no. 14-2010, Proposed Plan Modification 8 : Westfield St Lukes, be deferred, pending a report from the officers on the items of concern raised by the residents and that a final decision be taken by the Council before 31 October 2010.

    CARRIED

13. HEARINGS PANEL REPORT NO. 15-2010

    Councillor Mulholland moved:
    Councillor Roche seconded:

    That the Hearings Panel Report No 15-2010 be adopted, i.e.:

    Recommendations of the Hearing Panel to Amend the Dog Policy and Dog Control Bylaw 2009

    1. That following the special consultative process the:
       1. Dog Policy 2009 and Dog Control Bylaw 2009 be amended to allow dogs off-leash access to Owhanake Beach, Surfdale Beach (from the point below Mitchell Road eastwards to the beach area below the high school grounds) and Anzac Bay (adjoining Natzka Road) at all times
       2. Natzka Road, where it runs adjacent to Anzac Bay and Korora Rd where it runs adjacent to Owhanake reserve, be made on-leash areas
       3. Dog Policy and Dog Control Bylaw 2009 be amended as outlined in appendix one and appendix two of the report of the Bylaw Hearings Panel dated 26 August 2010
       4. amendments to the policy and bylaw come into force on 11 October 2010.
    2. That an additional dog control officer be provided to ensure that there is adequate enforcement of the Dog Control Bylaw during the December to February summer months on Waiheke Island and the council's Animal Contract Manager monitors whether this additional officer is sufficient for adequate enforcement of the bylaw over the summer period.
    3. That council officers investigate the appointment and training of Waiheke residents to act as dog rangers to monitor popular beaches for dog owners.
    4. That more signs be erected on the most popular beaches to remind owners to pick up after their dog and to dispose of their faeces by proper means, to keep their dogs under proper control so that they do not chase wildlife or bother people and they are required to carry a lead at all times. Such signs should also outline the permitted times when dog are allowed off-leash on those beaches.
    5. That signs be used to designate the on-leash areas on Natzka Road, Anzac Bay and Korora Road, Owhanake.
    6. That a sign be placed on the rock outcrop below Mitchell Road (or a suitable place nearby) to designate the end of the (year round) off-leash dog exercise at Surfdale Beach.
    7. That more plastic bags and bins for the disposal of dog waste be provided at the most popular beaches for dog owners.
    8. That council officers develop suitable information sources to be available for residents and visitors bringing dogs to the island which will outline the requirements of the dog control rules on Waiheke Island.
    9. That council officers monitor parking and traffic congestion over the coming summer months at Anzac Bay, to determine whether there are significant problems arising from allowing dogs off-leash access to Anzac Bay at all times, and the officers report their findings to the new Waiheke Local Board in March 2011 to determine any if any subsequent actions are required.

    CARRIED

14. HEARINGS PANEL REPORT NO. 16-2010

    Councillor Mulholland moved:
    Councillor Millar seconded:

    That the Hearings Panel Report No. 16-2010 be adopted, i.e.:

    Proposed Plan Change 269 to the Isthmus District Plan - Addition to the Schedule for Notable Trees

    1. That pursuant to the First Schedule of the Resource Management Act 1991, Proposed Plan Modification 269 to the Auckland City Operative District Plan (Isthmus Section), which seeks to include a Pohutukawa tree (Metrosideros excels) located at 16 Almorah Place, Epsom in the schedule of notable trees be confirmed for the following reasons:
       1. The professional evaluation undertaken as part of the section 32 analysis and by the council's heritage team identifies that the tree meets the threshold for inclusion in the schedule of notable trees in the district plan.
       2. Having regard to efficiency and effectiveness, the plan change is the most appropriate means for achieving the objectives, and the benefits of scheduling outweigh the costs.
       3. The consent requirements for notable trees will allow the council to assess any actual or potential effects of future works to the tree as well as promote the purpose of the Resource Management Act 1991.
    2. That pursuant to the clause 10 of the First Schedule of the Resource Management Act 1991, the submissions on plan change 269 be accepted, accepted in part, or rejected in part as outlined in the report of the Hearing Panel dated 7 September 2010.
    3. That as a result of the decisions on the submissions, the plan change be amended to record in Appendix 2 of the district plan that the canopy of the tree overhangs number 10 Almorah Place and the right of way access to number 12 Almorah Place (additional text underlined)
       
       

       Address	Scheduled Item Common Name	Botanical Name	Principal Category	Map Ref
       Almorah Place 16, Epsom (overhangs number 10 Almorah Place and the right of way access to number 12 Almorah Place)	Pohutukawa	Metrosideros excelsa	b,c	D09-09

       
       

    4. That the Manager City Planning be authorised to publicly notify that the council has made its decision on submissions to plan change 269.
    5. That the Manager City Planning and the Manager City Environments ensure the Land Information Memorandum (LIM) for numbers 10, 12 and 16 record that while the tree is located at 16 Almorah Place, Epsom, the canopy overhangs number 10 Almorah Place and the right of way access to number 12 Almorah Place.

    CARRIED

15. HEARINGS PANEL REPORT NO. 17-2010

    Councillor Bhatnagar moved:
    Councillor Christian seconded:

    That the Hearings Panel Report No 17-2010 be adopted, i.e.:

    Rugby World Cup 2011 - Amendment of the Signs Bylaw 2007 and the Billboard Bylaw 2007

    1. That the proposed amendments of the Auckland City Council Signs Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Signs Amendment Bylaw No 4 of 2010 attached as appendix B to the Bylaw Hearings Panel report dated 17 August 2010 be adopted.
    2. That the proposed amendments of the Auckland City Council Billboards Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Billboards Amendment Bylaw No 1 of 2010 attached as appendix C to the Bylaw Hearings Panel report dated 17 August 2010 be adopted.
    3. That the amendment of the delegations issued by the council on 22 October 2009 that became effective on 1 November 2009 in accordance with Appendices D and E of the Bylaw Hearings Panel report dated 17 August 2010 be approved.
    4. That the amendments to the Auckland City Council Signs Bylaw 2007 contained in Auckland City Council Signs Amendment Bylaw No 4 of 2010 and the amendments to the Auckland City Council Billboards Bylaw 2007 contained in Auckland City Council Billboards Amendment Bylaw No 1 of 2010 come into force on 4 October 2010.

    Councillor Northey moved the following amendment by way of addition to A and B:
    Councillor Fryer seconded:

    1. That the proposed amendments as set out in the minority report of the Auckland City Council Signs Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Signs Amendment Bylaw No 4 of 2010 attached as appendix B to the Bylaw Hearings Panel report dated 17 August 2010 be adopted with the addition of 27.2.4.8(b)(v) that the sign is located in the defined "clean zone" or "clean transport routes" authorised for that major event.
    2. That the proposed amendments as set out in the minority report of the Auckland City Council Billboards Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Billboards Amendment Bylaw No 1 of 2010 attached as appendix C to the Bylaw Hearings Panel report dated 17 August 2010 be adopted with the addition of 27B.4.10(b)(v) that the billboard is located in the defined "clean zone" or "clean transport routes" authorised for that major event.

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

    For the Amendment:		Against the Amendment:
    Councillors:	Cathy Casey 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 Toni Millar Greg Moyle Graeme Mulholland Noelene Raffills His Worship the Mayor

    
    Councillor Mark Donnelly abstained from voting.
    Councillor Leila Boyle was absent.

    The amendment was declared LOST by 12 votes to 5, with 1 abstention.

    Councillor Donnelly neither spoke nor voted on the amendment.
    His Worship the Mayor put the substantive motion:

    That the Hearings Panel Report No 17-2010 be adopted, i.e.:

    Rugby World Cup 2011 - Amendment of the Signs Bylaw 2007 and the Billboard Bylaw 2007

    1. That the proposed amendments of the Auckland City Council Signs Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Signs Amendment Bylaw No 4 of 2010 attached as appendix B to the Bylaw Hearings Panel report dated 17 August 2010 be adopted.
    2. That the proposed amendments of the Auckland City Council Billboards Bylaw 2007 in relation to dispensations for major events as outlined in the Auckland City Council Billboards Amendment Bylaw No 1 of 2010 attached as appendix C to the Bylaw Hearings Panel report dated 17 August 2010 be adopted.
    3. That the amendment of the delegations issued by the council on 22 October 2009 that became effective on 1 November 2009 in accordance with Appendices D and E of the Bylaw Hearings Panel report dated 17 August 2010 be approved.
    4. That the amendments to the Auckland City Council Signs Bylaw 2007 contained in Auckland City Council Signs Amendment Bylaw No 4 of 2010 and the amendments to the Auckland City Council Billboards Bylaw 2007 contained in Auckland City Council Billboards Amendment Bylaw No 1 of 2010 come into force on 4 October 2010.

    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 Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Greg Moyle Graeme Mulholland Noelene Raffills His Worship the Mayor	Councillors:	Cathy Casey Mark Donnelly Graeme Easte Glenda Fryer Richard Northey Denise Roche

    
    Councillor Leila Boyle was absent.

    The motion was declared CARRIED by 12 votes to 6.

16. HEARINGS PANEL REPORT NO. 18-2010

    Councillor Mulholland moved:
    Councillor Millar seconded:

    That the Hearings Panel Report No 18-2010 be adopted, i.e.:

    Proposed Plan Change 36 - Learning Quarter - Area 1

    1. That, pursuant to the First Schedule to the Resource Management Act 1991, Proposed Plan Change No.36 to the City of Auckland - District Plan - Central Area Section (2004) as contained in Appendix 2 of the report of the Hearings Panel dated 10 September 2010, be approved for the following reasons:
       1. The proposed objectives give effect to the resource management issues for the quarter area already identified within the District Plan and also as part of the consultation and specialist reporting process. In this respect, the objectives listed are considered to be the most appropriate way of achieving the purpose of the Act.
       2. The proposed policies, rules and assessment criteria will assist Council in controlling the actual and potential effects of growth and development in the quarter area, including preserving the key attributes which make up the quarter area, including its heritage values.
       3. The proposed policies, rules and assessment criteria are the most appropriate option for achieving the stated objectives.
       4. The proposed plan modification is consistent with and gives effect to strategic policies addressing the provision for the regionally significant infrastructure of the universities, transport, heritage, and urban design objectives as set out in the Auckland Regional Policy Statement (ARPS) and proposed changes to the ARPS.
       5. The provisions of section 32 of the Act have been appropriately considered in the preparation of the Plan Change and the proposed provisions are the most appropriate way of achieving the objectives and purposes of the Act.
       6. In terms of Part 2 of the Act the proposal does not contravene any of the matters of national importance (Section 6), 'other matters' (Section 7), nor the principles of the Treaty of Waitangi (Section 8) and in particular:
       7. Recognises and provides for historic heritage values as a matter of national importance (section 6(f)) in that the plan change gives adequate and indeed improved protection to the heritage resources of the quarter area and has provisions which properly allow for future additions to the heritage schedule;
       8. Will result in the efficient use and development of natural and physical resources (section 7(b)); and
       9. Will maintain and enhance amenity values and the quality of the environment (sections 7(c) and (f)).
       10. The Plan Change is an appropriate way of achieving the purpose of the Resource Management Act 1991.
       11. For all of the reasons given above the Plan Change meets the statutory requirements of the Resource Management Act, that the Plan Change satisfies Part 2 of the Act and therefore will promote the sustainable management of natural and physical resources as required by the RMA.
    2. That the following submissions be accepted, accepted in part or rejected as outlined in Appendix 1 of the report of the Hearings Panel dated 10 September 2010 due to the modifications made to the provisions of the Learning Quarter - Area 1:

       University of Auckland (1), AUT University (2), Auckland City Council (3) Cycle Action Auckland (4), Auckland Regional Council (5), New Zealand Historic Places Trust (6), and the Auckland Regional Transport Authority (7).

    CARRIED

17. HEARINGS PANEL REPORT NO. 19-2010

    Councillor Mulholland moved:
    Councillor Millar seconded:

    That the Hearings Panel Report No 19-2010 be adopted, i.e.:

    Proposed Private Plan Modification 227 - Central Park, Ellerslie

    1. That pursuant to the First Schedule of the Resource Management Act 1991, Proposed Private Plan Modification 227 to the Auckland City Operative District Plan (Isthmus Section), be accepted subject to the modifications contained in the Concept Plan attached as Attachment A to the report of the Hearings Panel dated 15 September 2010. The reasons for this recommendation are contained in the report of the Hearings Panel dated 15 September 2010.
    2. That the following submissions that were lodged on Proposed Private Plan Modification 227 be accepted, rejected, or accepted in part.
       1. The submissions that requested the application be declined or variations thereto be rejected for the reasons outlined in the report of the Hearings Panel dated 15 September 2010.

          1/2, 2/2, 3/2, 4/2, 4/3, 4/4, 7/1, 7/2, 7/4, 7/5, 8/1, 8/2, 8/4, 8/5, 9/1, 9/2, 9/4, 9/5, 10/1, 10/2, 10/4, 10/5, 11/1, 11/2, 11/4, 11/5, 12/1, 12/2, 12/4, 12/5, 13/1, 13/2, 13/4, 13/5, 14/1, 14/2, 14/4, 14/5, 15/1, 15/2, 15/4, 15/5, 16/1, 16/2, 16/4, 16/5, 17/1, 17/2, 17/4, 17/5, 18/1, 18/2, 18/4, 18/5, 19/1, 19/2, 19/4, 19/5, 20/1, 20/2, 20/4, 20/5, 21/1, 21/2, 21/4, 21/5, 22/1, 22/2, 22/4, 22/5, 23/1, 23/2, 23/4, 23/5, 24/1, 24/2, 24/4, 24/5, 25/1, 25/2, 25/4, 25/5, 26/1, 26/2, 26/4, 26/5, 27/1, 27/2, 27/4, 27/5, 28/1, 28/2, 28/4, 28/5, 29/1, 29/2, 29/4, 29/5, 30/1, 32/1, 33/1, 35/2, 35/4, 35/5, 35/7, 35/8, 35/9, 35/10, 36/1, 36/2, 36/4, 36/5, 37/1, 37/2, 37/3, 37/4, 37/5, 37/7, 37/8, 37/9, 38/1, 38/2, 38/3, 38/4, 38/5, 39/4, 39/7, 40/1, 41/1, 41/2, 41/4, 41/5, 42/1, 42/2, 42/4, 42/5, 43/1, 43/2, 43/4, 43/5, 44/1, 44/2, 44/4, 44/5, 45/1, 45/2, 45/4, 45/5, 46/1, 46/2, 46/4, 46/5, 47/1, 47/2, 47/4, 47/5, 48/1, 48/2, 48/4, 48/5, 49/1, 49/2, 49/4, 49/5, 50/1, 50/2, 50/4, 50/5, 51/1, 51/2, 51/4 and 51/5.
          

       2. The submissions that requested the application be accepted with amendments, be accepted or accepted in part for the reasons outlined in the report of the Hearings Panel dated 15 September 2010.

          1/1, 1/3, 2/1, 2/3, 3/1, 3/3, 4/1, 4/5, 7/3, 8/3, 9/3, 10/3, 11/3, 12/3, 13/3, 14/3, 15/3, 16/3, 17/3, 18/3, 19/3, 20/3, 21/3, 22/3, 23/3, 24/3, 25/3, 26/3, 27/3, 28/3, 29/3, 31/1, 34/1, 35/1, 35/3, 35/6, 36/3, 37/6, 39/1, 39/2, 39/3, 39/5, 39/6, 39/8, 39/9, 39/10, 39/11, 39/12, 39/13, 39/14, 39/15, 41/3, 42/3, 43/3, 44/3, 45/3, 46/3, 47/3, 48/3, 49/3, 50/3 and 51/3.
          

       3. The submission that did not request any particular decision be rejected for the reasons outlined in the report of the Hearings Panel dated 15 September 2010:

          6/1.
          

    3. That the following further submission be accepted: 

       F/1.

    Councillor Northey moved the following amendment by way of addition:
    Councillor Fryer seconded:

    4. That the report and decision be referred to the Maungakiekie Community Board and the Maungakiekie-Tamaki Local Board for their information.

    CARRIED

    His Worship the Mayor put the substantive motion:

    That the Hearings Panel Report No 19-2010 be adopted, as amended, i.e.:

    Proposed Private Plan Modification 227 - Central Park, Ellerslie

    1. That pursuant to the First Schedule of the Resource Management Act 1991, Proposed Private Plan Modification 227 to the Auckland City Operative District Plan (Isthmus Section), be accepted subject to the modifications contained in the Concept Plan attached as Attachment A to the report of the Hearings Panel dated 15 September 2010. The reasons for this recommendation are contained in the report of the Hearings Panel dated 15 September 2010.
    2. That the following submissions that were lodged on Proposed Private Plan Modification 227 be accepted, rejected, or accepted in part.
       1. The submissions that requested the application be declined or variations thereto be rejected for the reasons outlined in the report of the Hearings Panel dated 15 September 2010.
          
       2. The submissions that requested the application be accepted with amendments, be accepted or accepted in part for the reasons outlined in the report of the Hearings Panel dated 15 September 2010.

          1/1, 1/3, 2/1, 2/3, 3/1, 3/3, 4/1, 4/5, 7/3, 8/3, 9/3, 10/3, 11/3, 12/3, 13/3, 14/3, 15/3, 16/3, 17/3, 18/3, 19/3, 20/3, 21/3, 22/3, 23/3, 24/3, 25/3, 26/3, 27/3, 28/3, 29/3, 31/1, 34/1, 35/1, 35/3, 35/6, 36/3, 37/6, 39/1, 39/2, 39/3, 39/5, 39/6, 39/8, 39/9, 39/10, 39/11, 39/12, 39/13, 39/14, 39/15, 41/3, 42/3, 43/3, 44/3, 45/3, 46/3, 47/3, 48/3, 49/3, 50/3 and 51/3.
          

       3. The submission that did not request any particular decision be rejected for the reasons outlined in the report of the Hearings Panel dated 15 September 2010:

          6/1.
          

    3. That the following further submission be accepted:

       F/1.
       

    4. That the report and decision be referred to the Maungakiekie Community Board and the Maungakiekie-Tamaki Local Board for their information.

    CARRIED

18. HEARINGS PANEL REPORT NO. 20-2010

    Councillor Mulholland moved:
    Councillor Millar seconded:

    That the Hearings Panel Report No 20-2010 be adopted, as amended, i.e.:

    1. Plan Modification 54 - 35 High Street
       1. That, pursuant to the First Schedule to the Resource Management Act 1991, Proposed Plan Change 54 to the Auckland City Council District Plan (Central Area) which introduces additions to the built heritage schedules be approved subject to the following amendment to the definition of the interior scheduled in Appendix 1, Schedule A(2) of the District Plan in relation to the building at 35 High Street to provide better clarity (amendments shown as underlined):
          
          

          Address	Ref No	Scheduled Item	Interior Definitions
          High Street, 0035-0037, City	392	Commercial Building	All public spaces including ground floor retail, lobbies, stairwells and corridors are fully protected throughout the building, excluding tenancy space above the ground floor.

          
          

          The reasons for this decision are:

          1. Section 32 - the provisions of section 32 of the Act have been appropriately considered in the preparation of the plan change and the proposed provisions are the most appropriate way of achieving the objectives and purposes of the Act.
          2. Heritage evaluation has determined that the buildings and objects proposed to be scheduled are of significant heritage value. The value is such that if these items were to be destroyed or unsympathetically altered, valuable elements of the City's heritage would be lost. The items have also been identified as regionally significant omissions from the heritage schedule and meet the district plan criteria to qualify for scheduling.
          3. In terms of Part 2 of the Act the plan change does not contravene any of the matters of national importance (Section 6), 'other matters' (Section 7), nor the principles of the Treaty of Waitangi (Section 8). In particular, the plan change recognises and provides for historic heritage values as a matter of national importance (section 6(f)) in that it gives proper protection to the heritage resources of the district.
          4. The plan change is an appropriate way of achieving the purpose of the Resource Management Act 1991.
          5. For all of the reasons given above the plan change meets the statutory requirements of the RMA, that it satisfies Part 2 of the Act and therefore will promote the sustainable management of natural and physical resources as required by the Resource Management Act 1991.
             
       2. That the submissions on proposed plan change 54 be accepted, accepted in part or rejected, as outlined below.

          The submissions by NZ Historic Places Trust (54/2), Auckland Regional Council (54/3), Art Deco Society (54/5), Adrienne Teape (54/7) and David Teape (54/8) to support the plan change be accepted.

          The submission by Allan Matson (54/6) to support the plan change, subject to the specific amendments and relief set out, be accepted in part.

          The submission by Kegg Investments Limited (54/1) to oppose the plan change be accepted in part.

          The further submission by Auckland Regional Council (F1) be accepted.
          
    2. Plan Modification 55 - 104 Fanshawe Street
       
       1. That, pursuant to the First Schedule to the Resource Management Act 1991, Proposed Plan Change 55 to the Auckland City Council District Plan (Central Area) which introduces additions to the built heritage schedules be approved, subject to the following amendment to the plan change in relation to the building at 104 Fanshawe Street to schedule that building as Category A (amendments shown as strikeouts and underlined):
          
          1. Amend the entry to Appendix 1, Schedule A: Buildings, Heritage Properties or Places of Special Value, as follows:
             
             

             Address	Ref No	Scheduled Item	Cat	Int	Sur	Reasons
             Fanshawe Street 0104, City	391	Auckland Timber Company Building	B A		*	a,c,e,gG,I,J,l,mM,N,O

             
             

          2. Amend Appendix 1, Schedule D: Buildings for Which Application May be Made to Obtain Heritage Floor Space Bonus, as follows:
             
              

             Site	Ref No	Scheduled Building	Development Potential Multiplier	Schedule Point Ranking
             Fanshawe Street 0104, City	391	Auckland Timber Company Building	4	66 82

             
             

             The reasons for this decision are:

             1. Section 32 - the provisions of section 32 of the Act have been appropriately considered in the preparation of the plan change and the proposed provisions are the most appropriate way of achieving the objectives and purposes of the Act.
             2. Heritage evaluation has determined that the buildings and objects proposed to be scheduled are of significant heritage value. The value is such that if these items were to be destroyed or unsympathetically altered, valuable elements of the City's heritage would be lost. The items have also been identified as regionally significant omissions from the heritage schedule and meet the district plan criteria to qualify for scheduling.
             3. In terms of Part 2 of the Act the plan change does not contravene any of the matters of national importance (Section 6), 'other matters' (Section 7), nor the principles of the Treaty of Waitangi (Section 8). In particular, the plan change recognises and provides for historic heritage values as a matter of national importance (section 6(f)) in that it gives proper protection to the heritage resources of the district.
             4. The plan change is an appropriate way of achieving the purpose of the Resource Management Act 1991.
             5. For all of the reasons given above the plan change meets the statutory requirements of the RMA, that it satisfies Part 2 of the Act and therefore will promote the sustainable management of natural and physical resources as required by the Resource Management Act 1991.
       2. That the submissions on proposed plan change 55 be accepted, accepted in part or rejected, as outlined below.

          The submissions by the Hobson Community Board (55/2), the Auckland Regional Council (55/3), the New Zealand Historic Places Trust (55/5) and Allan Matson (55/6) to support the plan change be accepted.

          The submission by Omara Property Group Limited (55/1) to oppose the plan change be rejected.

          The submission by KiwiRail (55/4) that neither supports nor opposes the plan change be rejected as it does not specify a decision.

          The further submissions Omara Property Group Limited (F1) and APN Outdoor Limited (F2) be rejected.
          

    3. Plan Change 199 - additions to the built heritage schedules
       

       1. That, pursuant to the First Schedule to the Resource Management Act 1991, Proposed Plan Change 199 to the Auckland City Council District Plan (Isthmus) which introduces additions to the built heritage schedules be approved for the following reasons:
          1. Section 32 - the provisions of section 32 of the Act have been appropriately considered in the preparation of the plan change and the proposed provisions are the most appropriate way of achieving the objectives and purposes of the Act.
          2. Heritage evaluation has determined that the buildings and objects proposed to be scheduled are of significant heritage value. The value is such that if these items were to be destroyed or unsympathetically altered, valuable elements of the City's heritage would be lost. The items have also been identified as regionally significant omissions from the heritage schedule and meet the district plan criteria to qualify for scheduling.
          3. In terms of Part 2 of the Act the plan change does not contravene any of the matters of national importance (Section 6), 'other matters' (Section 7), nor the principles of the Treaty of Waitangi (Section 8). In particular, the plan change recognises and provides for historic heritage values as a matter of national importance (section 6(f)) in that it gives proper protection to the heritage resources of the district.
          4. The plan change is an appropriate way of achieving the purpose of the Resource Management Act 1991.
          5. For all of the reasons given above the plan change meets the statutory requirements of the RMA, that it satisfies Part 2 of the Act and therefore will promote the sustainable management of natural and physical resources as required by the Resource Management Act 1991.
             
       2. That the submissions on proposed plan change 199 be accepted, accepted in part or rejected, as outlined below.

          The submissions by Dinesh Mistry (199/1), the New Zealand Historic Places Trust (199/5), the Auckland Regional Council (199/6), Helen Geary (199/7), the Parnell Heritage Incorporated society (199/8), and Andrea Mead (199/9) to support the plan change be accepted.

          The submissions by Stephanie Mead (199/2), Pamela Mead (199/3), Brian Mead (199/4) to support the plan change, subject to the specific amendments and relief set out, be accepted in part.
          

    4. Plan Change 292 - Parnell Rail Bridge and Piers

       1. That, pursuant to the First Schedule to the Resource Management Act 1991, Proposed Plan Change 292 to the Auckland City Council District Plan (Isthmus) which introduces additions to the built heritage schedules be approved, subject to an amendment to the identified site surrounds of the Parnell Rail Bridge and Piers as it apply to the Tram Lease Limited property (legally described as Lot 1 DP 27977 and Lots 1-3 DP 140374) to be 2.5 metres on the western side and confined to the Crown land on eastern side of the Bridge and Piers.

          The reasons for this decision are:

          1. Section 32 - the provisions of section 32 of the Act have been appropriately considered in the preparation of the plan change and the proposed provisions are the most appropriate way of achieving the objectives and purposes of the Act;
          2. Heritage evaluation has determined that the buildings and objects proposed to be scheduled are of significant heritage value. The value is such that if these items were to be destroyed or unsympathetically altered, valuable elements of the City's heritage would be lost. The items have also been identified as regionally significant omissions from the heritage schedule and meet the district plan criteria to qualify for scheduling.
          3. In terms of Part 2 of the Act the plan change does not contravene any of the matters of national importance (Section 6), 'other matters' (Section 7), nor the principles of the Treaty of Waitangi (Section 8). In particular, the plan change recognises and provides for historic heritage values as a matter of national importance (section 6(f)) in that it gives proper protection to the heritage resources of the district;
          4. The plan change is an appropriate way of achieving the purpose of the Resource Management Act 1991.
          5. For all of the reasons given above the plan change meets the statutory requirements of the RMA, that it satisfies Part 2 of the Act and therefore will promote the sustainable management of natural and physical resources as required by the Resource Management Act 1991.
             
       2. That the submissions on proposed plan change 292 be accepted, accepted in part or rejected, as outlined below.

          The submissions by the Hobson Bay Community Board (292/2), the Blockhouse Bay Historical Society (292/3), the Auckland Regional Council (292/4), and the New Zealand Historic Places Trust (292/7) to support the plan change be accepted.

          The submission by Martin Woodhead (292/1) to support the plan change, subject to the specific amendments and relief set out, be accepted in part.

          The submission by Tram Lease Limited (292/6) to oppose the plan change be accepted in part.

          The submission by KiwiRail (292/5) that neither supports nor opposes the plan change be rejected as it does not specify a decision.

          The further submissions APN Outdoor Limited (1) be rejected.
          

    5. That Alan Matson, advocate for scheduling heritage buildings, be commended for his time and effort in relation to the scheduling of the building at 104 Fanshawe Street, Auckland City.

    CARRIED

19. CHIEF EXECUTIVE'S SEPTEMBER 2010 REPORT

    Councillor Casey moved:
    Councillor Lister seconded:

    That the Council notes the significant matters highlighted within the Chief executive's September 2010 report.

    Deputy Mayor David Hay moved an amendment by way of addition:
    Councillor Moyle seconded:

    That the Chief executive and all of his staff be thanked for their service and support.

    CARRIED

    His Worship the Mayor put the substantive motion:

    1. That the Council notes the significant matters highlighted within the Chief executive's September 2010 report.
    2. That the Chief executive and all of his staff be thanked for their service and support.

    CARRIED

    His Worship the Mayor moved:
    Councillor Fryer seconded:

    That item 22 be taken at this point.

    CARRIED

20. VALEDICTORY SPEECHES

    His Worship the Mayor addressed the council and expressed his appreciation for the Councillor's support over the 2007-2010 electoral term. In particular, the service the six retiring councillors had given to the city.

    The retiring Councillors are Deputy Mayor David Hay, Councillors Bhatnagar, Christian, Lister, Millar and Mulholland.

    His Worship the Mayor moved:
    Councillor Moyle seconded:

    That council records its sincere appreciation of the outstanding services rendered to this City of Auckland by Councillors Aaron Bhatnagar, Bill Christian, David Hay (Deputy Mayor), John Lister, Toni Millar and Graeme Mulholland during their respective terms on this Council.

    CARRIED

21. 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 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. 05-2010 - Report and Resolutions from Arts, Culture and Recreation Committee - Acquisition of Land for Open Space	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. Section 7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. Section 7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, this report identifies a property council wishes to purchase. Disclosure of this information could prejudice or disadvantage council's negotiations or its commercial position. This report also contains references to the value of the property, information that impacts on the value and contract terms which form the basis of negotiations for the purchase of the property between council and the landowner.	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.
    C2	Finance and Strategy Committee Report No. 06-2010 - Financials for Proposed Government Financial Assistance Package For Leaky Home Owners	Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	Section 7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. In particular, the report of the weathertight proposal from the Government includes commercially sensitive information with financial data that could negatively impact council in future litigation.	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

22. COUNCILLOR EASTE - NOTICE OF MOTION - STATE HIGHWAY 20 WATERVIEW SUBMISSIONS PROCESS

    The notice of motion from Councillor Easte regarding State Highway 20 (SH20) Waterview Submissions Process was tabled for consideration.

    [ATTACHMENT 22A]

    Councillor Casey tabled an artist's impression of the emission stack from the SH20 tunnel near Waterview School, and a copy of the submission form for the SH20 Waterview Connection Proposal.

    [ATTACHMENT 22B]

    Councillor Easte moved:
    Councillor Casey seconded:

    That the Auckland City Council:

    1. writes to the Environmental Protection Authority requesting that the submission period for the State Highway 20 Waterview Connection Proposal be extended from 20 to 40 working days to properly allow for public submissions; and
    2. requests an urgent public statement by the Environmental Protection Authority that a submission on the State Highway 20 Waterview Connection Proposal will not be ruled out if it relates to matters outside of but relevant to the designation.

    Councillor Baguley moved the following amendment by way of replacement:
    Councillor Lister seconded:

    That Auckland City Council writes to the Environmental Protection Authority requesting that the submission period for the State Highway 20 Waterview Connection Proposal be extended from 20 to 30 working days to give the public an improved opportunity to make submissions.

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

    For the Amendment:		Against the Amendment:
    Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Cathy Casey Bill Christian Mark Donnelly Graeme Easte Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Greg Moyle Graeme Mulholland Noelene Raffills Denise Roche His Worship the Mayor	Councillors:	Glenda Fryer Richard Northey

    Councillor Leila Boyle was absent.

    The amendment was declared CARRIED by 16 votes to 2.

    The amendment became the substantive motion.

    His Worship the Mayor put the substantive motion:

    That Auckland City Council writes to the Environmental Protection Authority requesting that the submission period for the State Highway 20 Waterview Connection Proposal be extended from 20 to 30 working days to give the public an improved opportunity to make submissions.

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

    For the Motion:		Against the Motion:
    Councillors:	Douglas Armstrong Ken Baguley Aaron Bhatnagar Cathy Casey Bill Christian Mark Donnelly Graeme Easte Paul Goldsmith Deputy Mayor David Hay John Lister Toni Millar Greg Moyle Graeme Mulholland Richard Northey Noelene Raffills Denise Roche His Worship the Mayor	Councillors:	Glenda Fryer

    Councillor Leila Boyle was absent.

    The motion was declared CARRIED by 17 votes to 1.

    There being no further business His Worship the Mayor declared the meeting closed at 8:46pm.