I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 7 May 2014

2.30pm

Committee Meeting Room
Civic 15
1 Greys Avenue
Auckland

 

Hearings Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Penny Webster

 

Members

Cr Anae Arthur Anae

 

 

Cr Chris Darby

 

 

Cr Calum Penrose

 

 

Member David Taipari

 

 

Cr Wayne Walker

 

 

Member Glenn Wilcox

 

 

 

 

Ex-officio

Mayor Len Brown

 

 

Deputy Mayor Penny Hulse

 

 

(Quorum 3 members)

 

 

 

 

Mary Binney

Democracy Advisor

 

30 April 2014

 

Contact Telephone: (09) 373 6211

Email: mary.binney@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


TERMS OF REFERENCE

 

 

The Hearings Committee will have responsibility for:

 

·         Decision making (including through a hearings process) under the Resource Management Act 1991 and related legislation;

·         Hearing and determining objections under the Dog Control Act 1996;

·         Decision making under the Sale and Supply of Alcohol Act 2012

·         Hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002.  This delegation cannot be sub-delegated;

·         Hearing and determining matters arising under bylaws, including applications for dispensation from compliance with the requirements of bylaws;

·         Receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Hearings Committee;

·         Receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing;

·         Monitoring the performance of decision makers including responding to complaints made about decision makers;

·         Where decisions are appealed or where the Hearings Committee decides that the Council itself should appeal a decision, directing the conduct of any such appeals; and

·         Adopting a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

 

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision making” is used to encompass a range of decision making processes including through a hearing.  “Decision making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision making.

 

In adopting a policy or policies and making any sub-delegations, the Hearings Committee must ensure that it retains oversight of decision making under the Resource Management Act 1991 and that it provides for Councillors to be involved in decision making in appropriate circumstances.

 

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the Chief Executive’s Delegations Register) to hearings commissioners and staff relating to decision making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Hearings Committee.

 

Relevant legislation includes but is not limited to:

 

Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;

Fencing of Swimming Pools Act 1987;

Gambling Act 2003;

Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.


Hearings Committee

07 May 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Confirmation of Minutes                                                                                               7

4          Local Board Input                                                                                                          7

5          Extraordinary Business                                                                                                7

6          Notices of Motion                                                                                                          8   

7          Consideration of Extraordinary Items 

PUBLIC EXCLUDED

8          Procedural Motion to Exclude the Public                                                                   9

C1       Appointment of independent hearing commissioners                                             9

C2       Resource Consents Appeals: Status Report 7 May 2014                                         9  

 


1          Apologies

 

At the close of the agenda apologies had been received from Councillor Arthur Anae, Deputy Mayor Penny Hulse and Deputy Chairperson Penny Webster. 

 

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

At the close of the agenda no requests for declarations of interest had been received.

 

 

3          Confirmation of Minutes

 

That the Hearings Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 15 April 2014, including the confidential section, as a true and correct record.

 

 

4          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 

5          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

 

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

 

6          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 

     

 


Hearings Committee

07 May 2014

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

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       Appointment of independent hearing commissioners

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 people recommended for the independent commissioner pool. This information should not be made public until the Hearings Committee has adopted the recommendations and the successful applicants confirmed their acceptance of the appointments.

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 Consents Appeals: Status Report 7 May 2014

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 report contains information that could comprimise the council in undertaking 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.