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, 10 December 2013 at 10:00am.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

 

 

Deputy Chairperson

Cr Penny Webster

 

 

 

Members

Cr Anae Arthur Anae

 

 

 

 

Cr Chris Darby

 

 

 

 

Cr Calum Penrose

 

 

 

 

Member David Taipari

From 10:03am, Item 7

 

 

 

Member Glenn Wilcox

 

 

 

 

APOLOGIES

 

 

Cr Wayne Walker

For absence

 

 

ALSO PRESENT

 

 

Cr Cathy Casey

 

 

 


Hearings Committee

10 December 2013

 

1††††††††† Apologies

Resolution number HEA/2013/9

MOVED by Cr LA Cooper, seconded by Member G Wilcox:

That the Hearings Committee:

a)         accept the apology from Cr WD Walker for absence.

 

CARRIED

 

 

2††††††††† Declaration of Interest

 

There were no declarations of interest.

 

 

3††††††††† Confirmation of Minutes

Resolution number HEA/2013/10

MOVED by Member G Wilcox, seconded by Deputy Chairperson MP Webster:

That the Hearings Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 26 November 2013, including the confidential section, as a true and correct record.

 

CARRIED

 

4††††††††† Local Board Input

 

There was no local board input.

 

5††††††††† Extraordinary Business

 

There was no extraordinary business.

 

6††††††††† Notices of Motion

 

There were no notices of motion.


 

 

7

Appointment of Hearings Commissioners for Proposed Private Plan Change 179 to the Auckland Council District Plan (Rodney Section)

Member David Taipari entered the meeting at 10:03am

 

Resolution number HEA/2013/11

MOVED by Cr C Darby, seconded by Cr AJ Anae:

That the Hearings Committee:

a)††††† appoint Commissioners Les Simmons (Chairperson), Janine Bell and Bill Kapea to hear and make decisions on submissions and make a determination on Private Plan Change 179 to the Auckland District Plan (Rodney Section) 2011.

b)††††† delegate to the Chair of the Hearings Committee the authority to make replacement appointments in the event that any of the appointed Commissioners are unavailable.

 

CARRIED

 

8

Decision Made Under Urgency

 

Resolution number HEA/2013/12

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

That the Hearings Committee:

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

 

CARRIED

9††††††††† Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

10††††††† Procedural motion to exclude the public

Resolution number HEA/2013/13

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

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†††††† Appeal to Private Plan Change 36 to the Auckland Council District Plan (Franklin Section): Bombay Motorway and Rural Services Special Zone

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†††††† Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 1

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 matter relates to appeals before the environment court and any disclosure of information may prejudice in the councilís position of 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.

 

C3†††††† Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 2

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 matter relates to appeals before the environment court and any disclosure of information may prejudice in the councilís position of 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.

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

 

10.16am††††††††† 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.

 

10.54am††††††††† The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Appeal to Private Plan Change 36 to the Auckland Council District Plan (Franklin Section): Bombay Motorway and Rural Services Special Zone

 

Recommendation/s

That the Hearings Committee:

b)††††† confirm that this report and the above resolutions not be restated in the open minutes.

 

 

C2

Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 1

 

Recommendation/s

That the Hearings Committee:

c)††††† confirm that this report and the above resolutions not be restated in the open minutes.

 

 

C3

Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 2

 

Recommendation/s

That the Hearings Committee:

e)††††† confirm that this report and the above resolutions not be restated in the open minutes.

 

 

10.54am†††††††††††††††††††††††††††††††††††††††††††† 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:........................................................