Hearings Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Hearings Committee held in the Committee Meeting Room, Civic 15, 1 Greys Avenue, Auckland on Tuesday, 26 November 2013 at 10.00am.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

 

 

Deputy Chairperson

Cr Penny Webster

From 10:06am

 

 

Members

Cr Anae Arthur Anae

 

 

 

 

Cr Chris Darby

 

 

 

 

Cr Calum Penrose

 

 

 

 

Member David Taipari

From 10:16am

 

 

 

Cr Wayne Walker

From 10:02am

 

 

 

Member Glenn Wilcox

 

 

 

 

APOLOGIES

 

 

Cr Penny Webster

For lateness

 

 

Member David Taipari

For lateness

 

 

ALSO PRESENT

 

 

Troy Churton

Orakei Local Board

 

 


Hearings Committee

26 November 2013

 

 

1          Apologies

 

Resolution number HEA/2013/1

MOVED by Cr LA Cooper, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)         accept the apologies from Cr Penny Webster and Member David Taipari for lateness.

 

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

Cr WD Walker entered the meeting at 10:02am.

 

 

3          Confirmation of Minutes

 

There were no minutes to be confirmed.

 

 

4          Local Board Input

 

Troy Churton of the Orakei Local Board was in attendance and addressed the meeting regarding Item 7.

 

 

5          Extraordinary Business

 

There was no extraordinary business.

 

 

6          Notices of Motion

 

There were no notices of motion.

 

Deputy Chairperson MP Webster entered the meeting at 10:06am.

Member DE Taipari returned to the meeting at 10:16am.

7

Determination of a request for direct referral to the Environment Court by Eldamos Investments Limited on an application for resource consent at 87 & 101 Lunn Avenue, Mt Wellington, Auckland                

 

Troy Churton of the Orakei Local Board was in attendance and addressed the meeting regarding this item.

 

Resolution number HEA/2013/2

MOVED by Deputy Chairperson MP Webster, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)      agree, pursuant to section 87E of the Resource Management Act 1991, with the direct referral request by Eldamos Investments Limited in relation to their application for resource consent (R/LUC/2013/3567) to establish retail activities at 87 & 101 Lunn Avenue, Mt Wellington and the matter be referred to the Environment Court for determination; and

b)      recommend to the Environment Court that a “Friend of the Court” (amicus curiae) be appointed to assist submitters navigate the formal court processes.

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

For

Cr AJ Anae

Cr LA Cooper

Cr CM Penrose

Cr MP Webster

Against

Cr C Darby

Member DE Taipari

Cr WD Walker

Member G Wilcox

Abstained

 

The division was declared equal.

The chair exercised casting vote for so motion was Carried

 

CARRIED

 

 

8

District and Regional Plans Appeal Status Report at 14 November 2013

 

Resolution number HEA/2013/3

MOVED by Deputy Chairperson MP Webster, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)      receive the report.

 

CARRIED

 

9

Decision Made Under Urgency

 

Resolution number HEA/2013/4

MOVED by Cr CM Penrose, seconded by Cr AJ Anae:  

That the Hearings Committee:

a)      note the decision made under urgency, as listed in Attachment A to this report.

 

CARRIED

 


  

 

10        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

 

 

11        Procedural motion to exclude the public

Resolution number HEA/2013/5

MOVED by Cr C Darby, seconded by Deputy Chairperson MP Webster:  

That the Hearings Committee:

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     New resource consent appeals: Keefe v Auckland Council and Doyle & Smith v Auckland Council (Weona Walkway, Westmere Park to Lemington Reserve); and Hillman White Limited v Auckland Council and Anthony Paice v Auckland Council (269 Rosedale Road, Albany)

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)(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, the public conduct of this part of the meeting would be likely to result in the disclosure of information which may prejudice the council's position in relation to these appeals..

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       Resource Consent Appeals: Status Report 26 November 2013

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, to enable the local authority to undertake without prejudice negotiations of appeals that are before the Environment Court..

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

 

 

 

11.01am          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.

 

11.58am          The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

New resource consent appeals: Keefe v Auckland Council and Doyle & Smith v Auckland Council (Weona Walkway, Westmere Park to Lemington Reserve); and Hillman White Limited v Auckland Council and Anthony Paice v Auckland Council (269 Rosedale Road, Albany)

 

That the Hearings Committee:

b)         confirm that the report and the resolutions relating to the appeals by Keefe v Auckland Council (ENV-2-13-AKL-00014236) and Doyle & Smith v Auckland Council (ENV-2013-AKL-000143) not be restated in the open minutes.

d)         confirm that the report and the resolutions relating to appeals by Hillman White Limited v Auckland Council (ENV-2013-AKL-000131) and Anthony Paice v Auckland Council (ENV-2013-AKL-000138) not be restated in the open minutes.

 

 

C2

Resource Consent Appeals: Status Report 26 November 2013

 

That the Hearings Committee:

a)         agree to release to the open agenda the list and description of current appeals as of 12 November 2013, apart from Council’s status position on the appeals.

 

 

A copy of the Status Report is attached to the official copy of these minutes and is available on Auckland Council’s website.

 

Attachments

a     Current Resource Consent Appeals as at 12 November 2013

  

 


 

 

11.58am                                             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 Hearings Committee HELD ON

 

 

 

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

 

 

 

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