I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 7
May 2014
2.30pm
Committee
Meeting Room
Civic 15
1 Greys Avenue
Auckland
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Hearings Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Cr Linda Cooper, JP
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Deputy Chairperson
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Cr Penny Webster
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Members
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Cr Anae Arthur Anae
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Cr Chris Darby
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Cr Calum Penrose
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Member David Taipari
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Cr Wayne Walker
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Member Glenn Wilcox
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Ex-officio
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Mayor Len Brown
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Deputy Mayor Penny Hulse
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(Quorum 3 members)
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Mary Binney
Democracy Advisor
30 April 2014
Contact Telephone: (09) 373 6211
Email: mary.binney@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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The Hearings Committee will have responsibility for:
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Decision making (including through a hearings
process) under the Resource Management Act 1991 and related legislation;
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Hearing and determining objections under the Dog
Control Act 1996;
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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;
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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;
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Monitoring the performance of decision makers
including responding to complaints made about decision makers;
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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
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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:
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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;
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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.
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Hearings Committee
07 May 2014
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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
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
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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.
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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.
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Hearings
Committee
07 May 2014
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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
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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 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.
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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 Consents Appeals: Status Report 7 May 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, the report contains information that could
comprimise the council in undertaking 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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