Governing Body

 

OPEN MINUTES

 

 

 

Minutes of an extraordinary meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 14 November 2013 at 10.00am and reconvened on Thursday 21 November 2013 at 1.55pm.

 

present

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Until 2.30pm, Item 2.1 (21/11/13)

 

Cr Cameron Brewer

 

 

Cr Dr Cathy Casey

 

 

Cr Bill Cashmore

 

 

Cr Ross Clow

 

 

Cr Linda Cooper, JP

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

From 10.13am, Item 4

Until 2.40pm, Item C2

From 1.55pm, Item 2.1 (21/11/13)

 

Cr Hon Chris Fletcher, QSO

Until 10.12am, Item 9,

From 1.55pm, Item 2.1 (21/11/13)

 

Cr Denise Krum

 

 

Cr Mike Lee

Until 2.49pm, Item C3,

From 2.01pm, Item C2.1 (21/11/13)

 

Cr Calum Penrose

 

 

Cr Dick Quax

 

 

Cr Sharon Stewart, QSM

 

 

Cr Sir John Walker, KNZM, CBE

 

 

Cr Wayne Walker

Until 10.24am, Item 10

From 12.16pm, Item C2

 

Cr John Watson

 

 

Cr Penny Webster

 

 

Cr George Wood, CNZM

Until 2.23pm. Item 2.1 (21/11/13)

 

APOLOGIES

 

 

Cr Wayne Walker

For early departure

 

 

ALSO PRESENT

 

 

Joseph Bergin, Deputy Chair Devonport-Takapuna Local Board

 

 

Simon Randall, Chair Maungakiekie-Tāmaki Local Board

 

 

 

 


Governing Body

14 November 2013

 

 

 

1          Affirmation

 

His Worship the Mayor read the affirmation.

 

2          Apologies

 

Resolution number GB/2013/137

MOVED by Mayor LCM Brown, seconded by Cr JG Walker:  

That the Governing Body:

a)         accept the apology from Cr WD Walker for early departure.

 

CARRIED

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

4          Acknowledgements

 

His Worship the Mayor acknowledged the passing of Mr Ted Lees and Mr Eugene Bowen, with a moment of silence observed for each.

 

His Worship the Mayor acknowledged the enormity of the Haiyan typhoon tragedy and its impact on the Philippine community. A moment of silence was observed to honour the loss of life and recognise the continuing suffering of the families.

 

Cr AM Filipaina entered the meeting at 10:13 am.

 

 

5          Petitions

 

There were no petitions.

 

6          Public Input

 

There was no public input.

 

7          Local Board Input

 

Local Board input was heard at Item C2.

 

8          Extraordinary Business

 

There was no extraordinary business.

 

9          Notices of Motion

 

There were no notices of motion.


Cr CE Fletcher left the meeting at 10:12 am.

 

Cr AJ Anae left the meeting at 10:17 am.

 

10

Submission to the New Zealand Block Offer 2014 - Proposal for Petroleum Exploration Permit Round

 

MOVED by Mayor LCM Brown, seconded by Cr C Darby:  

That the Governing Body receive the report.

 

 

Cr WD Walker left the meeting at 10:24 am.

 

Cr AJ Anae returned to the meeting at 10:26 am.

 

 

Resolution number GB/2013/138

MOVED by Cr LA Cooper, seconded by Cr WB Cashmore:  

That the Governing Body:

a)      approve the submission (attached to the agenda report) to the consultation document ‘New Zealand Block Offer 2014 – proposal for petroleum exploration permit round’.

CARRIED

 

 

Secretarial note:          Pursuant to Standing Order 3.15.5, Cr CM Casey requested that her                                     dissenting vote be recorded.

 

 

 

11

Appointments to Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party and the Parakai Recreation Reserve Board

 

Resolution number GB/2013/139

MOVED by Mayor LCM Brown, seconded by Cr MP Webster:  

That the Governing Body:

a)      confirm the Terms of Reference of Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party as contained in Attachment A to the agenda report.

b)      appoint Cr C Darby, Cr CE Fletcher, Cr DA Krum, Cr ME Lee, Cr MP Webster and Cr GS Wood to the Working Party.

c)      re-appoint Cr MP Webster, as the Rodney Ward Councillor, to the Parakai Recreation Reserve Board for a term of three years and delegate the appointment of the two remaining Auckland Council members to the Rodney Local Board.

 

CARRIED

 


 

 

12

Meeting Schedule - 2014

 

A copy of the schedule of meetings has been placed on the official copy of the minutes and will be available on the Auckland Council website as Attachment A to the item in the minutes.

 

 

Resolution number GB/2013/140

MOVED by Deputy Mayor PA Hulse, seconded by Cr GS Wood:  

That the Governing Body:

a)      adopt the schedule of meetings for 2014 as contained in Attachment A to the agenda report (circulated separately to councillors prior to the meeting).

b)      authorise the Manager Democracy Services to amend the schedule, if required, in consultation with the chair of any affected committee, and subject to the Mayor’s or Deputy Mayor’s approval if a formal meeting is required on a Monday or Friday.

 

CARRIED

 

Attachments

a     2014 Meeting Schedule

 

 

13

Governing Body decision-making during the 2013/2014 Christmas recess period

 

Resolution number GB/2013/141

MOVED by Mayor LCM Brown, seconded by Cr GS Wood:  

That the Governing Body:

a)      delegate to any two of either the Mayor or Deputy Mayor and any Chairperson of a Committee of the Whole, the power to make, on behalf of the Governing Body, urgent decisions that may be needed between the last scheduled Governing Body meeting in December 2013 and the first meeting of the Governing Body or its committees in 2014.

b)      agree that if a matter of major significance arises during the 2013/2014 Christmas recess period, an extraordinary meeting of the Governing Body will be called.

 

CARRIED

 

 

14

Membership of Committees

 

The supplementary report containing the schedule of committee members  was tabled at the meeting.

 

A copy has been placed on the official copy of the minutes and will be available on the Auckland Council website as Attachment A to the item in the minutes.

 

Secretarial note:          The attached schedule includes a correction to the tabled schedule for the deputy chair of the Community Dev and Safety Committee to show that position as resolved by the Governing Body when adopting the Terms of Reference.

 

 

Resolution number GB/2013/142

MOVED by Mayor LCM Brown, seconded by Cr MP Webster:  

That the Governing Body:

a)      appoint councillors to committees as set out in the attached schedule.

b)        note that the Mayor is an ex officio member of each committee, further to the Local Government (Auckland Council) Act 2009.

c)         note that the Deputy Mayor is an ex officio member of each committee, further to Standing Order 2.9.5.

d)      note that committee membership will also include appointments made by the Independent Maori Statutory Board.

 

CARRIED

 

Attachments                  

a     Membership of Committees

 

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

 

16        Procedural motion to exclude the public

Resolution number GB/2013/143

MOVED by Mayor LCM Brown, seconded by Deputy Mayor PA Hulse:  

That the Governing Body:

a)      exclude the public 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.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Special Housing Areas - General Matters

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

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.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

In particular, the report is subject to legal privilege as it is based on legal advice.

s48(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       Approval of Special Housing Areas - Second Tranche

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

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.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains commercial sensitivities.

s48(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.

 

C3       Recommended Candidates for Proposed Auckland Unitary Plan Hearings Panel

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

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.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

In particular, the report contains the names of candidates who are on a short list for consideration by the Minister for the Environment and the Minister of Conservation for recruitment to the Hearings Panel. The ministers need to make the appointments and their officials conclude contractural arrangements before names of the members of the Panel can be released.

s48(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.

 

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

 

CARRIED

 

10.30am          The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Special Housing Areas - General Matters

 

That the Governing Body:

f)       agree that the report and decisions not be restated owing to legal privilege applying.

 

 

 

C2.1

Approval of Special Housing Areas - Second Tranche

 

That the Governing Body:

 

d)      agree that the report and decisions not be restated at this time; and that the Mayor / Deputy Mayor be delegated responsibility to release information on Tranche 2 SHAs as may be required.

 

 

 

C3

Recommended Candidates for Proposed Auckland Unitary Plan Hearings Panel

 

That the Governing Body:

 

c)         agree that the names of the members of the Panel not be released until the Minister makes appointments and contractual arrangements are concluded.

 

  

 

Adjournment of Meeting

That the Governing Body:

a)         agree to adjourn the meeting until the conclusion of the Budget Committee meeting on 21 November 2013 at the Auckland Town Hall.

The meeting adjourned at 2.49pm and reconvened on 21 November 2013 at 1.55pm.

 

 

CARRIED

 

3.35 pm           The public was re-admitted.

 

 

 

3.35 pm                                              The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Governing Body HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................