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Hearings Committee
10 December
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
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5.1
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Extraordinary Business - Appeals to a decision by Auckland
Transport relating to six Notices of Requirement to designate land for the
City Rail Link project
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Resolution number HEA/2014/151
MOVED by Chairperson LA Cooper, seconded by Cr CM Penrose:
That the
Hearings Committee:
a)
consider an extraordinary item
regarding ‘Appeals to a decision by Auckland
Transport relating to six Notices of Requirement to designate land for the
City Rail Link project’ at item 16 and C3 of these minutes:
i)
the reason the matter was not on the
agenda is recent discussions between appellants and Auckland Transport have
resulted in substantial progress towards the resolution of appeals and this
information has only recently been made available to Auckland Council
Planning team
ii)
the reason for urgency being that
mediation is scheduled from 11 to 16 December 2014, and having the ability to
settle the appeals at mediation will be helpful and expected by the
Environment Court, so delegated authority to agree to appropriate changes to
NoR conditions is required.
CARRIED
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5.2
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Extraordinary Business - Resource Consent Appeals: 2 Rangatira
Road, Birkenhead - Good & Lobb v Auckland Council and Ryman Healthcare
Limited v Auckland Council
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Resolution number HEA/2014/152
MOVED by Chairperson LA Cooper, seconded by Cr AJ Anae:
That the
Hearings Committee:
a)
consider an extraordinary item
regarding ‘Resource Consent Appeals: 2 Rangatira Road, Birkenhead – Good &
Lobb v Auckland Council and Ryman Healthcare Limited v Auckland Council at
item 16 and C4 of these minutes:
i)
the reason the matter was not on the
agenda is that the subject appeals are recently received
ii)
the reasons for urgency being that the
Environment Court has requested the council to inform its position by 19
December 2014 in respect to attendance of court-assisted mediation.
CARRIED
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6 Notices of Motion
There were no notices of motion.
Secretarial note: The meeting adjourned at 10:05
am
and reconvened at 10:10 am.
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7
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Pukekohe West School and Early Childhood Education Centre notice
of requirement - appointment of hearing commissioners
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Resolution number HEA/2014/154
MOVED
by Cr CM Penrose, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) appoint a hearing panel of independent
commissioners consisting of Janine Bell (Chair), Melean Absolum, Nigel
Mark-Brown, and Sheena Tepania, who have expertise in the notice of
requirement process, traffic, planning and landscape, and infrastructure
issues, to hear submissions and make a recommendation to the requiring
authority on the notice of requirement for designation for the Pukekohe West
School and Early Childhood Education Centre (Auckland Council District Plan (Franklin
Section) Amendment 42)
b) delegate authority to the
Chairperson of the Hearings Committee to make replacement appointments in the
event that any of the appointed members of the hearing panel are unavailable.
CARRIED
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8
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Appointment of Hearings Panel - Notices of Requirement and
Resource Consent applications for Glenvar Ridge Road and Long Bay Primary
School
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Resolution number HEA/2014/155
MOVED
by Mr DE Taipari, seconded by Cr CM Penrose:
That the Hearings Committee:
a) appoint a
panel of independent commissioners consisting of Jenny Hudson (Chair),
Michael Parsonson, Rebecca Skidmore, and Mark Farnsworth, to hear submissions
and make recommendations on the Notices of Requirement (refs: PA213, PA214
and PA215) and
decisions on the Resource Consent applications (refs: LQ/2140220, REG/2140221 and REG/2140222) under sections 168A
, 171 and 104 of Resource Management Act 1991 (the “RMA”)
b) delegate
authority to the Chair appointed in (a) above to make recommendations on the
Notices of Requirement (refs: PA213, PA214 and PA215) and decisions on the Resource
Consent applications (refs: LQ/2140220,
REG/2140221 and REG/2140222), should no submissions be received
c) delegate authority to the Chairperson of the Hearings Committee to
make a replacement appointment should any of the independent commissioners be
unavailable.
CARRIED
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9
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Appointment of Commissioners to make Decisions on the Applications
for Resource Consent and to make Recommendations on the Notices of
Requirement for NZTA’s Southern Corridor Improvements Project
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Resolution number HEA/2014/156
MOVED
by Mr DE Taipari, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) appoint
Leigh McGregor, independent commissioner, to make a decision on the notification of the Notices of Requirement and
resource consent applications for the Southern Corridor Improvements Project
under Sections 95, 95A and 95B of the Resource Management Act 1991 (RMA)
b) appoint
the same commissioner under (a) to make a recommendation on the Notices of
Requirement and a determination on the resource consent applications if these
proceed without the need for notice or a hearing is not required
c) appoint
Sheena Tepania, independent commissioner, and Murray Kay, Franklin Local
Board member, if either the Notices of Requirement or the resource consent
applications are publically notified or limited notified under section 95 of
the RMA, to sit with Leigh McGregor (Chair) to hear submissions and make the council’s
final recommendation on the Notices of Requirement and decision on the
resource consent applications
d) delegate
authority to the Chairperson of the Hearings Committee to make replacement
appointments should any of the appointed independent commissioners or elected
member in (a)-(c) above be unavailable.
CARRIED
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10
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Appointment of independent commissioners to make decisions on
resource consent applications by Auckland Transport for the City Rail Link project
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Cr WD Walker entered the meeting
10.28am.
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Resolution number HEA/2014/157
MOVED
by Mr G Wilcox, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) appoint Alan Watson, independent commissioner, to make decisions
where required on the notification of the
resource consent applications for the City Rail Link (CRL) project under
Sections 95, 95A and 95B of the Resource Management Act 1991 (RMA)
b) appoint the same commissioner under
(a) to make a determination on the resource consent applications for the CRL
project pursuant to section 104 of the RMA if any of the applications proceed without the need for notice or
if a hearing is not required
c) appoint independent commissioners
Simon Berry, Alan Pattle and Basil Morrison to sit with Alan Watson (Chair)
to hear submissions and make the council’s final decision on all the resource
consent applications for the CRL project
d) delegate authority to the Chairperson of the Hearings
Committee to make replacement appointments should any of the appointed
independent commissioners in (a)-(c) above be unavailable.
CARRIED
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11
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Appointment of Independent Commissioners: Resource Consent
Application for Demolition, 258 Remuera Road, Remuera
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Resolution number HEA/2014/158
MOVED
by Cr AJ Anae, 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 ‘Hanna Block’ building at 258 Remuera Road, Remuera, 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 in (a) above be
unavailable.
CARRIED
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12
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Appointment of Independent Commissioners: Resource Consent
Application to vary conditions of consent for a retirement village at 1-2
Squadron Drive, Hobsonville
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Resolution number HEA/2014/159
MOVED
by Mr DE Taipari, seconded by Chairperson LA
Cooper:
That the Hearings
Committee:
a) appoint David Mead, independent commissioner, to make a decision
on the notification of the application for resource consent to vary Condition
3 of the consent to establish a
315-unit retirement village at 1 – 2 Squadron Drive Hobsonville, pursuant to sections 95, 95A and 95B of the Resource Management
Act 1991 (“the RMA”);
b) appoint the same commissioner as appointed in (a) above to make a decision on the application
pursuant to section 104 of the RMA, 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;
c) appoint three
further commissioners, Robert Scott, Michael Parsonson, and Mark Farnsworth to
sit with the commissioner as appointed in (a) above as chair, in the event
that the application proceeds on a notified basis and a hearing is required,
to hear submissions and make a decision on the
application pursuant to section 104 of the RMA;
d) delegate
authority to the Chairperson of the Hearings Committee to make replacement
appointments should any of the independent commissioners in (a)-(c) above be
unavailable.
CARRIED
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14
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Update on the appointment process of local elected members to
Special Housing Area hearing panels
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Elizabeth
McKenzie, Principal Advisor Hearings, presented to the committee and tabled a
memo, ‘Appointment of local elected members to special housing area hearings
panels’ in support of the item. A copy has been placed on the official
minutes and is available on the Auckland Council website as a minutes
attachment.
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Resolution number HEA/2014/161
MOVED
by Chairperson LA Cooper, seconded by Mr DE Taipari:
That the Hearings
Committee:
a) receive the tabled memo and thank
Elizabeth McKenzie for her update.
CARRIED
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Attachments
a 10 December 2014, Hearings
Committee, Item 14 - Memo, Appointment of local elected members to special
housing area hearings panels
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15
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Noting the urgent decision of 17 November 2014: Whenuapai Special
Housing Area - appointment of local elected member to Accord Territorial
Authority Panel
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Resolution number HEA/2014/162
MOVED
by Cr CM Penrose, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) note the decision to appoint
Lisa Whyte to the Accord Territorial Authority Panel made under urgency.
CARRIED
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16 Consideration
of Extraordinary Items
Two extraordinary items were considered in the
confidential section at C3 and C4.
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17 Procedural
motion to exclude the public
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Resolution
number HEA/2014/163
MOVED by Chairperson LA
Cooper, seconded by Cr WD Walker:
That the
Hearings Committee:
a) exclude
the public from the following parts 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 Resource
Consent Appeals: Status Report 10 December 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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C2 Noting the urgent
decision of 27 November 2014: New Resource Consent Appeal: New Zealand Fire
Service Commission v Auckland Council
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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
compromise the council in undertaking without prejudice negotiations of
this appeal that is 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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C3 Extraordinary Business -
Appeals to a decision by Auckland Transport relating to six Notices of
Requirement to designate land for the City Rail Link project
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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 matters that are subject to
without prejudice negotiations 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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C4 Extraordinary Business -
Resource Consent Appeals: 2 Rangatira Road, Birkenhead - Good & Lobb v
Auckland Council and Ryman Healthcare Limited v Auckland Council
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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 these 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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11.10am 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.
11.24am The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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Resource Consent Appeals: Status Report 10 December 2014
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Agree that the report and attachments
remain confidential, but agree that the list and description of current
appeals as of 28 November 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 10
December 2014, Hearings Committee, Item C1 - Resource Consent Appeals Report
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C2
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Noting the urgent decision of 27 November 2014: New Resource
Consent Appeal: New Zealand Fire Service Commission v Auckland Council
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Agree that the
decisions, report and attachments regarding ‘Noting the urgent decision of 27
November 2014: New Resource Consent Appeal: New Zealand Fire Service
Commission v Auckland Council’, not be re-stated in the open section of the
minutes.
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C3
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Extraordinary business - Appeals to a decision by Auckland
Transport relating to six Notices of Requirement to designate land for the
City Rail Link project
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Agree that the decisions and report
regarding ‘Appeals to a decision by Auckland Transport relating to six
Notices of Requirement to designate land for the City Rail Link project’, not
be restated in the open minutes.
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C4
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Extraordinary Business - Resource Consent Appeals: 2 Rangatira
Road, Birkenhead - Good & Lobb v Auckland Council and Ryman Healthcare
Limited v Auckland Council
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Agree that the decisions,
report and attachments regarding ‘Resource Consent Appeals: 2 Rangatira Road,
Birkenhead – Good & Lobb v Auckland Council and Ryman Healthcare Limited
v Auckland Council ’, not be restated in the open minutes.
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11.24 am 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:........................................................
