I hereby give notice that an ordinary meeting of the Maungakiekie-Tamaki Local Board Swimming
Pool Fencing Exemptions Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 5
March 2014
2:00pm
Local Board
Office
7-13 Pilkington Road
Panmure
Auckland
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Maungakiekie-Tamaki Local Board
Swimming Pool Fencing Exemptions
Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Chairperson
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Members
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Bridget Graham, QSM
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Chris Makoare
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Simon Randall
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(Quorum 2 members)
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Emma Cordery
Local Board Democracy Advisor
24 February 2014
Contact Telephone: (09) 367 1904
Email: emma.cordery@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Maungakiekie-Tamaki
Local Board Swimming Pool Fencing Exemptions Committee
05 March 2014
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ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Election of Chairperson 7
13 Election of Deputy Chairperson 9
14 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987 11
15 Consideration of Extraordinary
Items
PUBLIC EXCLUDED
16 Procedural Motion to Exclude the Public 15
14 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987
a. 9B Faber Ave Application 15
b. 9B Faber Ave evaluation sheet 15
c. 19 Tobruk Rd Application 15
d. 19 Tobruk Rd evaluation sheet 15
e. 45 Forbes Street Application 16
f. 45 Forbes Street evaluation sheet 16
g. 99 Namata Rd Application 16
h. 99 Namata Rd evaluation sheet 16
i. 117 Campbell Rd Application 17
j. 117 Campbell Rd evaluation sheet 17
Nina Siers, Acting
Relationship Manager, will open the meeting and welcome those present, and
chair the meeting for items 1 to 12.
2 Apologies
At the close of
the agenda no apologies had been received.
3 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.
4 Confirmation of Minutes
5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of
the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of
the agenda no requests to present petitions had been received.
8 Deputations
At the close of
the agenda no requests for deputations had been received.
9 Public Forum
At the close of
the agenda no requests for public forum had been received.
10 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.”
11 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
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Maungakiekie-Tamaki
Local Board Swimming Pool Fencing Exemptions Committee
05 March 2014
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Election
of Chairperson
File No.:
CP2014/02849
Purpose
1. In accordance with Schedule 7, clause 21(5)(b) of the Local
Government Act 2002, the Relationship
Manager, Local Board Services on
behalf of the Chief Executive, will call for nominations for the Chairperson of
the Maungakiekie-Tamaki Local Board Swimming Pool Fencing Exemptions Committee.
2. The Maungakiekie-Tamaki Local Board Swimming Pool
Fencing Exemptions Committee must elect a member to the Chairperson position in
accordance with Schedule 7, clause 25 of the Act, noting that no member has a
casting vote.
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Recommendation/s
a) That
the Maungakiekie-Tamaki Local Board Swimming Pool Fencing Exemptions
Committee elects a chairperson for the 2013-2016
political term.
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Attachments
There are no
attachments for this report.
Signatories
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Authors
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Emma Cordery - Local Board Democracy
Advisor
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Authorisers
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Victoria Villaraza - Relationship
Manager
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Maungakiekie-Tamaki
Local Board Swimming Pool Fencing Exemptions Committee
05 March 2014
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Election of Deputy Chairperson
File No.:
CP2014/02850
Purpose
1. In accordance with Schedule 7, clause 21(5)(e) of
the Local Government Act 2002, the Chairperson will call for nominations for
the Deputy Chairperson of the Maungakiekie-Tamaki Local Board Swimming Pool
Fencing Exemptions Committee.
2. The Maungakiekie-Tamaki Local Board Swimming Pool
Fencing Exemptions Committee must elect a member to the Deputy Chairperson
position in accordance with Schedule 7, clause 25 of the Act, noting that no
member has a casting vote.
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Recommendation/s
a) That
the Maungakiekie-Tamaki Local Board Swimming Pool Fencing Exemptions
Committee elects a Deputy
Chairperson for the 2013-2016 political term.
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Attachments
There are no
attachments for this report.
Signatories
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Authors
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Emma Cordery - Local Board Democracy
Advisor
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Authorisers
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Victoria Villaraza - Relationship
Manager
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Maungakiekie-Tamaki
Local Board Swimming Pool Fencing Exemptions Committee
05 March 2014
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Swimming Pool Fencing Exemption – Special Exemption
(Section 6) Fencing of Swimming Pools Act 1987
File No.:
CP2014/01878
Purpose
1. The purpose of this report is to present to the
Maungakiekie-Tamaki Local Board 5 applications for special exemptions from some
of the requirements of the Fencing of Swimming Pools Act 1987 (The Act).
Executive
Summary
2. The Local Board must conduct a hearing and
consider each of the applications for special exemption. The Local Board must
resolve to decline, grant or grant subject to conditions, the exemptions
sought.
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Recommendation/s
a) That
the report be received.
b) That
the Local Board receive the applications by:
i) Julius
& Carol Sargent – 9B Faber Ave, Mt Wellington
ii) Michael
McLean – 19 Tobruk Road, Panmure
iii) Dr
Arnold J Smith – 45 Forbes Street, Onehunga
iv) Jin
McKegg – 99 Namata Road, Oranga
v) F
& M Morgan – 117 Campbell Road, One Tree Hill
c) That
the Local Board determine each application, by way of resolution, to:
i) grant
the application for special exemption as sought, or
ii) grant
the application subject to conditions, or
iii) decline
the application for special exemption sought.
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Discussion
3.
a) Each
property, which is the subject of an application before the Local Board, has
been inspected by Auckland Council pool inspectors. In each case, the
swimming/spa pool fencing does not comply with that Act. The details of
non-compliance in each case vary and are specified in the attachments to this
report. Each applicant has chosen to seek a special exemption from the
requirements of the Act.
b) The
purpose of the Act is stated to be “to promote the safety of young children
by requiring the fencing of … swimming pools”.
c) The Act
requires pool owners to fence their pool with a fence. Specific detail on the
means of achieving compliance with the Act is contained in the schedule to the
Act. If a pool is not fenced with a complying fence it is an offence under the
Act, unless exempt.
d) An
exemption can only be granted by the Local Board after a consideration of the
particular characteristics of the property and the pool, other relevant
circumstances and taking into account any conditions it may impose. Then, only
if “satisfied that an exemption would not significantly increase the danger
to young children”, can an exemption be granted.
e) Defining
the immediate pool area will be relevant to considerations concerning the
property and the pool. The immediate pool area means the land in or on which
the pool is situated and as much of the surrounding area that is used for
activities or purposes related to the use of the pool. The Act provides that
the fence should be situated to prevent children moving directly to the pool
from the house, other buildings, garden paths and other areas of the property
that would normally be available to young children.
f) Another
common consideration for Local Boards in exemption applications will be
instances where a building forms part of the pool fence. Where doors from a
building open into the pool area, the Territorial Authority may grant an
exemption from compliance with clauses 8 to 10 of the schedule to the Act. It
may exempt if it is satisfied that compliance with the Act is impossible,
unreasonable or in breach of any other Act, regulation or bylaw, and the door
is fitted with a locking device that when properly operated prevents the door
from being readily opened by children under the age of 6 years. If the
Local Board is satisfied that a door within a wall in a building meets that
test, the Local Board must also be satisfied that an exemption would not
significantly increase the danger to young children.
g) When
granting a special exemption, the Committee may impose such other conditions
relating to the property or the pool as are reasonable in the circumstances
(section 6(2) of the Act). Issues to be considered include:
a. Will the
exemption be personal to the applicant so that on a sale of the property a new
owner will need to apply for a new exemption? This might be appropriate where
the personal circumstances of the applicant have been considered as a relevant
circumstance and had a bearing on the exercise of the discretion
b. Will the
exemption be granted for a fixed term and irrespective of changes of ownership
so that the exemption runs with the property?
c. Are
there any other conditions which should be imposed, repairs to existing
fencing, or a requirement for more frequent inspection of the pool (currently
pools are inspected every three years).
h) Any
exemption granted or condition imposed may be amended or revoked by the
swimming pool exemption committee by resolution. The rules of natural justice
would however dictate that this action should not be taken without prior notice
to the pool owner and allowing the pool owner an opportunity to be heard.
Consideration
The recommendations contained within this report fall within
the Local Board’s delegated authority.
The Act enables an exemption to be granted from clauses 8 to
10 of the Act (doors in walls of buildings) if the Local Board is satisfied that
compliance with the Act is impossible, unreasonable or in breach of any
other Act, regulation or bylaw and the door is fitted with a locking device
that when properly operated prevents the door from being readily opened by
children under the age of 6 years.
The overarching consideration in terms of the Act is that a
resolution to grant an exemption may only be made after having regard to
the particular characteristics of the property and the pool, any other relevant
circumstances and any conditions it may impose, and only if it is satisfied that
such an exemption would not significantly increase the danger to young
children.
The Local Board may resolve to grant, grant subject to
conditions, or decline an application for special exemption.
If an application is declined the applicant will be required
to fence their pool in accordance with the Act.
The exemption hearing process under the Act does not trigger
the significance policy but it is an important statutory function.
The Council is committed to ensuring the Auckland is a safe
place for children to live and play in. Pool fencing issues have a strong
relationship with the Council’s strategic priorities for community safety.
Local
Board Views
4. The Local Board is the decision maker in relation
to exemption applications under the Act.
Maori
Impact Statement
5. This report does not raise issues of particular
significance for Maori.
General
6. Compliance with the Act is a
mandatory requirement for all pool owners unless exempt.
Council’s pools inspectors have consulted with the
applicants in each case. Applicants have been made aware of the Council’s
requirements to ensure fencing is compliant with the Act. The applicants have
elected to seek a special exemption for individual reasons.
Implementation
Issues
7. The decision must be made by resolution and
contain conditions (if any).
Attachments
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No.
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Title
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Page
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aView
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9B Faber Ave Application - Confidential
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bView
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9B Faber Ave evaluation sheet - Confidential
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cView
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19 Tobruk Rd Application - Confidential
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dView
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19 Tobruk Rd evaluation sheet - Confidential
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eView
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45 Forbes Street Application - Confidential
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fView
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45 Forbes Street evaluation sheet - Confidential
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gView
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99 Namata Rd Application - Confidential
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hView
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99 Namata Rd evaluation sheet - Confidential
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iView
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117 Campbell Rd Application - Confidential
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jView
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117 Campbell Rd evaluation sheet - Confidential
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Signatories
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Authors
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Chant'e Bellve - Swimming Pool Inspector
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Authorisers
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Ian McCormick - Manager Building Control
Victoria Villaraza - Relationship Manager
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Maungakiekie-Tamaki
Local Board Swimming Pool Fencing Exemptions Committee
05 March 2014
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Maungakiekie-Tamaki Local Board Swimming Pool
Fencing Exemptions 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.
14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 9B Faber Ave Application
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 9B Faber Ave evaluation sheet
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 19 Tobruk Rd Application
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment d - 19 Tobruk Rd evaluation sheet
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment e - 45 Forbes Street Application
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment f - 45 Forbes Street evaluation sheet
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment g - 99 Namata Rd Application
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment h - 99 Namata Rd evaluation sheet
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment i - 117 Campbell Rd Application
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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)(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 information private to
the applicant.
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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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14 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment j - 117 Campbell Rd evaluation sheet
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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)(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 information private to
the applicant.
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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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