Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 29 May 2014 at 9.30am.

 

present

 

Deputy Mayor

Cr Penny Hulse

 

Councillors

Cr Anae Arthur Anae

 

 

Cr Cameron Brewer

 

 

Cr Dr Cathy Casey

 

 

Cr Bill Cashmore

 

 

Cr Ross Clow

 

 

Cr Linda Cooper, JP

 

 

Cr Alf Filipaina

 

 

Cr Hon Christine Fletcher, QSO

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

Cr Dick Quax

 

 

Cr Sharon Stewart, QSM

 

 

Cr Sir John Walker, KNZM, CBE

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

Cr Penny Webster

 

 

Cr George Wood, CNZM

From 9.37am, Item 5.1

 

APOLOGIES

 

 

Mayor Len Brown

For absence on council business

 

Cr Chris Darby

For absence on council business

 

Cr Denise Krum

For absence

 

Cr George Wood

For lateness

 

 


Governing Body

29 May 2014

 

 

1††††††††† Affirmation

 

The Deputy Mayor read the affirmation.

 

2††††††††† Apologies

Resolution number GB/2014/47

MOVED by Deputy Mayor PA Hulse, seconded by Cr WD Walker:

That the Governing Body:

a)         accept the apologies from Mayor LCM Brown and Cr C Darby for absence on council business, from Cr DA Krum for absence and from Cr GS Wood for lateness.

 

CARRIED

 

 

3††††††††† Declaration of Interest

 

There were no declarations of interest.

 

 

4††††††††† Confirmation of Minutes

Resolution number GB/2014/48

MOVED by Deputy Mayor PA Hulse, seconded by Cr CM Penrose:

That the Governing Body:

a)         confirm the minutes of its meetings, held on Thursday 27 March, Thursday 1 May, including the confidential section, and Thursday, 8 May 2014, as true and correct records.

CARRIED

 

5††††††††† Acknowledgements and Achievements

 

5.1

Acknowledgements

 

Cr GS Wood entered the meeting at 9.37 am.

 

 

Cr AM Filipaina acknowledged the passing of Pani Stirling and a moment of silence was observed.

 

 

Cr AM Filipaina left the meeting at 9.39 am.

 

 

Achievements

 

 

A document noting Auckland Council achievements for May 2014 was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Attachments

a†††† 29 May 2014 Item 5.1 - Auckland Council Group achievements May 2014

 

6††††††††† Petitions

 

There were no petitions.

 

7††††††††† Public Input

 

There was no public input.

 

8††††††††† Local Board Input

 

There was no local board input.

 

9††††††††† Extraordinary Business

 

There was no extraordinary business.

 

10††††††† Notices of Motion

 

There were no notices of motion.

 



11

Statement of Proposal for proposed Trading and Events in Public Places Bylaw 2014 - Recommendations from the 20 May 2014 Regulatory and Bylaws Committee

 

Cr AM Filipaina returned to the meeting at 9.48 am.

 

 

Resolution number GB/2014/49

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

That the Governing Body:

a)††††† agree that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the issues relating to the following activities:

i)†††††† markets and stalls;

ii)††††† mobile shops;

iii)†††† outdoor dining areas;

iv)†††† fundraising;

v)††††† offering commercial services;

vi)†††† distributing promotional material and / or goods;

vii)††† street performances / busking and pavement artists

viii)†† events and filming in public places

ix)†††† trading activities in parks and reserves.

b)††††† agree that pursuant to section 155(2)(a) of the Local Government Act 2002, the proposed trading and events in public places bylaw (Attachment C) is the most appropriate form of bylaw to address problems related to trading and events in public places identified as in scope.

c)††††† agree that pursuant to section 155(2)(b) and section 155(3) of the Local Government Act 2002, the proposed trading and events in public places bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

d)††††† agree that pursuant to section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, the Auckland Council proposes to revoke those clauses of the existing eight legacy bylaws that deal with the issues of trading and events in public places (and replace them with a new region-wide bylaw on trading and events in public places).

e)††††† agree that pursuant to sections 145, 146 and 149 of the Local Government Act 2002, the proposed trading and events in public places bylaw is for the purposes of:

i)†††††† regulating trading activities and the conduct of persons selling or offering goods or services in public places by requiring approval from the council, Auckland Transport or other council controlled organisation;

ii)††††† regulating events and filming in roads and other public places by requiring operators to obtain an approval;

iii)†††† setting general and specific conditions for trading and events in public places to ensure that appropriate standards of health and safety, pedestrian and vehicle access and visual amenity are maintained;

iv)†††† prescribing for fees in respect of any approval obtained for undertaking any trading activity or events in a public place.

f)†††††† agree that pursuant to sections 83 and 86 of the Local Government Act 2002, Attachment† B: Statement of Proposal be adopted for public consultation (noting that portions of this Statement of Proposal relate to Auckland Transport and that decisions relating to those portions will be made by Auckland Transportís board).

g)††††† authorise the Manager, Policies and Bylaws to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the Regulatory and Bylaws Committee or the Governing Body.

 

CARRIED

 

 

12

Wind-up of† the Safer Papakura Trust

 

Resolution number GB/2014/50

MOVED by Cr CM Penrose, seconded by Cr CE Fletcher:

That the Governing Body:

a)††††† provide written consent to the Safer Papakura Trust Board to wind up the Trust.

b)††††† acknowledge the services that the Trust has provided to the Papakura district during the life of this legacy council controlled organisation.

 

CARRIED

 

 

13

Terms of Reference for Committees - Parks, Recreation and Sport Committee

 

Resolution number GB/2014/51

MOVED by Cr CE Fletcher, seconded by Cr CM Penrose:

That the Governing Body:

a)††††† amend the Terms of Reference for the Parks, Recreation and Sport Committee to reflect the ability to approve land purchases for parks purposes to a limit of $5 million, as in Attachment A to the agenda report.

 

CARRIED


 

 

14††††††† Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

15††††††† Procedural motion to exclude the public

Resolution number GB/2014/52

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

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†††††† Appointment of local board members to the Tūpuna Maunga o Tāmaki Makaurau Authority

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.

In particular, the report contains the names of possible appointees to the Maunga Authority.

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

 


10.15am††††††††† 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.

 

10.18am.†††††††† The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Appointment of local board members to the Tūpuna Maunga o Tāmaki Makaurau Authority

 

That the Governing Body:

a)††††† appoint Glenda Fryer, Simon Randall and Kit Parkinson as the three local board members to the Tūpuna Maunga o Tāmaki Makaurau Authority.

b)††††† agree that the report and decision be restated in the open section of the minutes.

 

 

Attachments

a†††† Appointment of local board members to the Tupuna Maunga o Tamaki Makaurau Authority report

 

10.18 am††††††††††††††††††††††††††††††††††††††††††† 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:........................................................