Agenda of Hearings Committee

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

Date:

Time:

Meeting Room:

Venue:

Tuesday, 1 October 2013

10.00am

Committee Meeting Room
Civic 15
1 Greys Avenue
Auckland

Hearings Committee

OPEN AGENDA

MEMBERSHIP

Chairperson
Deputy Chairperson
Members	Cr Anae Arthur Anae
	Cr Cameron Brewer
	Mayor Len Brown, JP
	Cr Michael Goudie
	Cr Penny Hulse
	Cr Noelene Raffills, JP
	Member David Taipari
	Cr Wayne Walker
	Cr Penny Webster
	Member Glenn Wilcox

(Quorum 3 members)

Quorum must include at least 3 named voting members

Mary Pound

Democracy Advisor

21 September 2013

Contact Telephone: (09) 373 6201

Email: mary.pound@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;

· Hearings under the Sale of Liquor Act 1989 (delegated by the Council in its capacity as District Licensing Agency);

· 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
Health Act 1956	Biosecurity Act 1993
Related Regulations	Council Bylaws

Hearings Committee

01 October 2013

ITEM TABLE OF CONTENTS PAGE

1 Apologies 5

2 Declaration of Interest 5

2.1 Brief Report to Declarations of Interest 5

3 Confirmation of Minutes 5

4 Local Board Input 5

4.1 Brief Local Board Input 6

5 Extraordinary Business 6

5.1 Extraordinary Brief Report 7

6 Notices of Motion 7

7 Heading only report 2

8 Standard Report with attachments (DA only) 9

9 Std Open report with attachments 11

10 Brief - Reports section report 33

11 Heading only report 1

12 Consideration of Extraordinary Items

12.1 Consideration of Extraordinary Items 37

PUBLIC EXCLUDED

13 Procedural Motion to Exclude the Public 41

9 Std Open report with attachments

f. A4 confidential and under separate cover 41

C1 Std Confidential report with attachments 41

1 Apologies

An apology from Cr AA Anae has been received.

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.

2.1 Brief Report to Declarations of Interest

Purpose

1. purpose

Executive Summary

2. exec sum

Recommendation/s

That the Hearings Committee:

a) wrjiow

Attachments

a KPMG_A4 Multi-pge.............................................................................. 45

3 Confirmation of Minutes

That the Hearings Committee:

a) confirm the ordinary minutes of its meeting, held on Friday, 20 September 2013 and the ordinary minutes of its meeting, held on Friday, 20 September 2013, 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.

4.1 Brief Local Board Input

Purpose

1. Alfjs;lafjasljf

Executive Summary

2. kjasdfkjal

Recommendation/s

That the Hearings Committee:

a) kjasdfl;jalsjkf

Attachments

a A4 multi page......................................................................................... 59

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.”

5.1 Extraordinary Brief Report

Purpose

1. Alfjalsdfjk;alskjf/

Executive Summary

2. Jafsdljfa;slfjk

Recommendation/s

That the Hearings Committee:

a) kjasdfljafljk

Attachments

a A4 landscape.......................................................................................... 61

6 Notices of Motion

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

Hearings Committee

01 October 2013

Standard Report with attachments (DA only)

File No.: CP2013/24022

Purpose

1. jwqhrduwoefbnc

Executive Summary

2. dgfdsrfgvdf

Recommendation/s

That the Hearings Committee:

a) ersgrdfvdf

Discussion

3. egvdrfger

Consideration

Local Board Views

4. gwegfdzgvf

Maori Impact Statement

5. ewgfwergfer

General

6. bfxgbdgdr

Implementation Issues

7. vsdgdfg

Attachments

No.	Title	Page
a	A3 Single sided Attachment copy 3 (DA only) (Under Separate Cover)

Signatories

Authors	Rita Bento-Allpress - Democracy Advisor
Authorisers

Hearings Committee

01 October 2013

Std Open report with attachments

File No.: CP2013/24026

Purpose

1. Purpose text. Candice has edited J Candice Candice Candice. Liz has approved.

Executive Summary

2. Summary text.

Recommendation/s

That the Hearings Committee:

a) Recommendation text.

Discussion

3. This word was spelt wrong – Mike K

Consideration

Local Board Views

4. Local Board Views text.

Maori Impact Statement

5. Maori Impact Statement text.

General

6. General text.

Implementation Issues

7. Implementation issues text.

Attachments

No.	Title	Page
a	single-sided A3	13
b	single-sided A4	15
c	double-sided A3 not cropped	17
d	double-sided A4 not cropped	19
e	A4 under separate cover (Under Separate Cover)
f	A4 confidential and under separate cover (Under Separate Cover) - Confidential

Signatories

Authors	Elaine Stephenson - Democracy Advisor
Authorisers

Hearings Committee

01 October 2013

Brief - Reports section report

File No.: CP2013/24032

Purpose

1. Lsakjfakljsfl;sjaf

Executive Summary

2. Lkajsdf;kljsadfljksd

Recommendation/s

That the Hearings Committee:

a) Lakjdf;lkasj;fjk

Attachments

No.	Title	Page
a	A4 portrait	35

Signatories

Authors	Elaine Stephenson - Democracy Advisor
Authorisers

Hearings Committee

01 October 2013

Consideration of Extraordinary Items

File No.: CP2013/24033

Purpose

1. Klfa;lfjslfjk

Executive Summary

2. Aklsfjsklajf;sljkf

Recommendation/s

That the Hearings Committee:

a) Klajsfdksdf;lksjf

Discussion

3. Sjfjas;fljsalfj

Consideration

Local Board Views

4. Ljkasflsjka;lfjk

Maori Impact Statement

5. Lkjasf;ljaflkja

General

6. Kljas;fldjasflj

Implementation Issues

7. Saljfskljfl;kj

Attachments

No.	Title	Page
a	A4 portrait	39

Signatories

Authors	Elaine Stephenson - Democracy Advisor
Authorisers

Hearings Committee

01 October 2013

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:

9 Std Open report with attachments - Attachment f - A4 confidential and under separate cover

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

In particular, the report contains confidential information.

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.

C1 Std Confidential report with attachments

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)(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 test text..

s7(2)(f)(ii) - The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

In particular, the report contains test text..

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.