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Hearings
Committee
11 February
2014
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1 Apologies
2 Declaration of Interest
There were no declarations of interest.
3 Confirmation of Minutes
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.
Deputy Chairperson MP Webster entered the meeting at 10:03am.
Cr C Darby entered the meeting at 10:05am
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7
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Request for Direct Referral to the Environment Court of an
Application lodged by Ahuareka Trustees (No. 2) Limited for a concept
subdivision to establish a rural village at 650-680 Whitford-Maraetai Road,
Beachlands
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Resolution number HEA/2014/19
MOVED by Deputy Chairperson MP Webster, seconded by Cr LA Cooper:
That the Hearings Committee:
a) accept the request by Ahuareka Trustees (No. 2) Limited for direct
referral of the application (Proposal No. 42081) to the Environment Court
pursuant to section 87E of the RMA for the following reasons:
i) there is a strong
likelihood that a Council decision would be appealed, either by
the applicant or the submitters;
ii) the matters for
consideration are suitable for consideration by the Environment Court;
iii) it is unlikely
direct referral would limit the participation of submitters; and
iv) taking the above
reasons into consideration, the direct referral process will provide
a cost and timeliness advantage to all parties involved.
CARRIED
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Secretarial Note: Pursuant to Standing Order 3.15.5
Cr WD Walker, Member DE Taipari and Member G Wilcox requested that their votes
against the motion be recorded.
Cr WD Walker left the meeting at 10.35 am.
Cr WD Walker returned to the meeting at 10.41 am.
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/2014/22
MOVED by Cr C Darby, 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 New Resource Consent
Appeals:
Arch Hill Residents Incorporated & Ors v Auckland Council
(ENV-2013-AKL-000181)
Kindercare Learning Centres Limited v Auckland Council (ENV-2013-AKL-000182)
Proposed Bunnings Building Improvement Centre, 272-276, 300 & 302 Great
North Road, Grey Lynn, Auckland
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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).
Without prejudice discussions will be
undertaken as part of the appeal negotiations.
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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 New Resource Consent Appeal:
Ronald Atkins v Auckland Council (ENV-2013-AKL-000175), Henderson Valley Primary School, 389 Henderson Valley Road, Henderson Valley
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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, without prejudice
discussions with the appellant and the objector will be undertaken as part
of the appeal negotiations.
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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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C3 Confidential
Decisions Made Under Urgency
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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)(j) - The withholding of the
information is necessary to prevent the disclosure or use of official
information for improper gain or improper advantage.
In particular, the report sets out the
council's response to appeals and public disclosure at this time could
disadvantage the council in the response 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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C4 Resource
Consents Appeals: Status Report 11 February 2014
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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, to enable the council 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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C5 Delegation to council
officers to discuss/mediate on an appeal on Private Plan Change 166 - Te Arai
(Auckland Council District Plan (Rodney Section) 2011)
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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).
Seeking authority to enter into private
negotiations.
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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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10:50am 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.
11:45am 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:
Arch Hill Residents Incorporated & Ors v Auckland Council
(ENV-2013-AKL-000181)
Kindercare Learning Centres Limited v Auckland Council (ENV-2013-AKL-000182)
Proposed Bunnings Building Improvement Centre, 272-276, 300 & 302 Great
North Road, Grey Lynn, Auckland
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That the Hearings Committee:
b) agree that this report and the above resolutions not be restated
in the open minutes.
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C2
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New Resource Consent Appeal:
Ronald Atkins v Auckland Council (ENV-2013-AKL-000175), Henderson Valley Primary School, 389 Henderson Valley Road, Henderson Valley
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That the Hearings Committee:
b) agree that
this report and the above resolution not be restated in the open minutes.
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C3
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Confidential Decisions Made Under Urgency
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That the Hearings Committee:
a) note the
decisions made under urgency as listed in Attachments A, B, D, E and G to
this report.
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C4
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Resource Consents Appeals: Status Report 11 February 2014
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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 30 January 2014, apart from Auckland
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 Resource
Consents Appeals Status Report February 2014
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C5
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Delegation to council officers to discuss/mediate on an appeal on
Private Plan Change 166 - Te Arai (Auckland Council District Plan (Rodney
Section) 2011)
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That the Hearings Committee:
c) agree that
the above decision and report not be re-stated in the open minutes.
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11.45am 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:........................................................
