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Hearings
Committee
26 November
2013
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1 Apologies
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.
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7
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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
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Troy Churton of the Orakei Local Board was in attendance and
addressed the meeting regarding this item.
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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:
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For
Cr AJ Anae
Cr LA Cooper
Cr CM Penrose
Cr MP Webster
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Against
Cr C Darby
Member DE Taipari
Cr WD Walker
Member G Wilcox
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Abstained
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The division was
declared equal.
The chair
exercised casting vote for so motion was Carried
CARRIED
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10 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
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11 Procedural
motion to exclude the public
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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)
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Reason for passing this resolution in
relation to each matter
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Particular interest(s) protected (where
applicable)
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Ground(s) under section 48(1) for the
passing of this resolution
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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.
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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..
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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.
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C2 Resource
Consent Appeals: Status Report 26 November 2013
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Reason for passing this resolution in
relation to each matter
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Particular interest(s) protected (where
applicable)
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Ground(s) under section 48(1) for the
passing of this resolution
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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.
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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..
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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.
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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
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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:
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C1
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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)
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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.
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C2
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Resource Consent
Appeals: Status Report 26 November 2013
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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.
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A copy of the
Status Report is attached to the official copy of these minutes and is
available on Auckland Council’s website.
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Attachments
a Current
Resource Consent Appeals as at 12 November 2013
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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:........................................................
