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Hearings
Committee
04 November
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.
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7
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Objection against a Menacing Dog
Classification
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Carolyne
Moran gave a verbal presentation, accompanied by witnesses Margaret Eagle and
Tyrone Mansell. She also tabled a letter in support. A copy of the document
has been placed on the official copy of these minutes and can be viewed on
the Auckland Council website as a minutes attachment.
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Resolution number HEA/2014/143
MOVED
by Cr LA Cooper, seconded by Deputy Chairperson MP Webster:
That the Hearings
Committee:
a) heard and
determined the objection to the menacing dog classification by the owner Ms
Moran and her witnesses, pursuant to section 33A of Dog Control Act 1996.
CARRIED
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Attachments
a 4 November 2014, Hearings
Committee, Item 7 - Letter of Mr C. Slack
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Secretarial
note: With the agreement of the committee the meeting went into
confidential
for items C2 and C1 before hearing items 8 and 9.
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11 Procedural
motion to exclude the public
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Resolution number HEA/2014/144
MOVED by Cr LA Cooper, 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.
b)
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:
C2 Deliberations
on an objection against a Menacing Dog Classification
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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)(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 protection of
such members, officers, employees, and persons from improper pressure or
harassment while deliberating whether or not to classify the dog as menacing.
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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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C1 Resource
Consent Appeals: Status Report 4 November 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 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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3.21pm 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.
3.37pm The public was re-admitted.
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8
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Appointment of a Hearings Panel to hear submissions on the draft Auckland
Council Local Approved Product Policy
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Resolution number HEA/2014/147
MOVED
by Cr C Darby, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) appoint a
hearings panel of up to five members, including Councillors Cooper, Krum,
Quax and Stewart and one member of the Independent Māori Statutory
Board, and Cr Penrose as alternate, to hear submissions on the Auckland
Council’s draft Local Approved Product Policy, deliberate and make
recommendations to the Regional Strategy and Policy Committee
b) delegate
authority to the Chairperson of the Hearings Committee to make replacement
appointments in the event that any member of the hearings panel is
unavailable
c) note the
following in relation to local boards:
i) that
throughout November and December 2014 council staff will gather local boards
feedback on the draft Local Approved Product Policy and that this feedback
will be provided to the hearings panel for its consideration
ii) that staff
will schedule a day for local boards to present their feedback directly to
the hearings panel
d) note
that council staff will gather feedback from Māori on the draft Local
Approved Product Policy via hui throughout November and December 2014 and
this feedback will be provided to the hearings panel for its consideration.
CARRIED
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9
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Appointment of Independent Commissioners:
Resource Consent Application for Demolition, 43 Arthur Street, Freemans Bay
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Resolution number HEA/2014/148
MOVED
by Cr LA Cooper, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) appoint the rostered independent duty commissioner, and appoint
John Hill (or Richard Knott as alternate) as heritage commissioner to sit
with the duty commissioner, to make a notification decision on the
application for resource consent to demolish the building at 43 Arthur
Street, Freemans Bay, pursuant to sections 95 of the Resource Management Act
1991 (“the RMA”)
b) approve
that in the event the decision reached in (a) above is that the application
proceeds on a non-notified basis or otherwise does not require a hearing, the same commissioners as appointed in (a) above be appointed to make a substantive
decision on the application pursuant to section 104 of the RMA
c) approve
that in the event the decision reached in (a) above is that the application
proceeds on a notified basis and a hearing is required, the same
commissioners as appointed in (a) above be
appointed to hear submissions and make a substantive decision on the application, pursuant to section 104 of the RMA
d) delegate
authority to the chairperson of the Hearings Committee to make a replacement
appointment should any of the independent commissioners above be unavailable.
CARRIED
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10 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
restatementS
It was resolved while the public was excluded:
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C2
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Deliberations on an objection against a Menacing Dog
Classification
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That the Hearings Committee:
agree that
the decision under a) not be restated in the open section of the minutes, but
be made publicly available within 7 days.
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C1
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Resource Consent Appeals: Status report 4 November 2014
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That
the Hearings Committee:
agree that
the report and attachments remain confidential, but agree that the list and
description of current appeals as of 24 October 2014, apart from council’s
status position on the appeals, be re-stated in the open section of the
minutes.
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Attachments
a 4
November 2014, Hearings Committee, Item C1 - Resource Consent Appeals Report
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3.53 pm 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:........................................................
