Auckland Development Committee

OPEN MINUTES

Minutes of an extraordinary meeting of the Auckland Development Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 26 February 2015 at 1.55pm.

present

Chairperson	Deputy Mayor Penny Hulse
Deputy Chairperson	Cr Chris Darby
Members	Cr Anae Arthur Anae
	Cr Cameron Brewer	From 2.03pm, Item 3
	Mayor Len Brown, JP
	Cr Dr Cathy Casey
	Cr Bill Cashmore
	Cr Ross Clow
	Cr Linda Cooper, JP
	Cr Alf Filipaina
	Cr Denise Krum
	Cr Mike Lee
	Member Liane Ngamane
	Cr Calum Penrose
	Cr Dick Quax
	Cr Sharon Stewart, QSM
	Member David Taipari
	Cr Sir John Walker, KNZM, CBE	Until 4.23pm, Item C1
	Cr Wayne Walker
	Cr John Watson
	Cr Penny Webster
	Cr George Wood, CNZM

ALSO PRESENT

Shale Chambers	Waitematā Local Board Chair
Mike Cohen	Devonport-Takapuna Local Board Chair
Kay McIntyre	Kaipātiki Local Board Chair
Pippa Coom	Waitematā Local Board Deputy Chair

Auckland Development Committee 26 February 2015

1          Apologies

There were no apologies.

2          Declaration of Interest

Cr CE Fletcher declared an interest in Item C1 as she is a member of the Hauraki Gulf Marine Park Forum, a founding trustee of the Motatapu Restoration Trust (1994), and the Chair of the Motatapu Restoration Trust since 2000.

Cr WD Walker, Deputy Chairperson C Darby, and Cr MP Webster declared interests in Item C1 as they are members of the Hauraki Gulf Marine Park Forum.

Member L Ngamane declared an interest in Item C1 as she is the Chair of the Hauraki Gulf Marine Park Forum.

Members remained in the room, participated in the debate and voted on Item C1.

3          Procedural motion to exclude the public

Cr CE Brewer entered the meeting at 2.03 pm.

Resolution number AUC/2015/25

MOVED by Cr D Quax, seconded by Cr LA Cooper:

That the Auckland Development Committee:

a) agree that, pursuant to Standing Order 3.13.1(c), the motion under debate now be put to a vote.

A division was called for, voting on which was as follows:

For Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr JG Walker Cr MP Webster Cr GS Wood

Against Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member L Ngamane Member DE Taipari Cr WD Walker Cr J Watson

Abstained

The motion was declared carried by 14 votes to 9.

CARRIED

Resolution number AUC/2015/26

MOVED by Chairperson PA Hulse, seconded by Cr LA Cooper:

That the Auckland Development Committee:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Bill Loutit (Simpson Grierson), and Ian Cowper (Meredith Connell) be permitted to remain for Confidential Item C1: Notice of Motion - Councillor Chris Darby - Proposed Auckland Unitary Plan – Council Position for Mediation and Hearings – City Centre Port Precinct after the public has been excluded, because of their knowledge of the matter, which will help the Auckland Development Committee in its decision-making.

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       Notice of Motion - Councillor Chris Darby - Proposed Auckland Unitary Plan – Council Position for Mediation and Hearings – City Centre Port Precinct

Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
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.	s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege. In particular, the report and attachments contain legal advice and Legal Services staff will be present to provide advice to support the discussion and decisions on this item.	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.

A division was called for, voting on which was as follows:

For Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr JG Walker Cr MP Webster Cr GS Wood

Against Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member L Ngamane Member DE Taipari Cr WD Walker Cr J Watson

Abstained

The motion was declared carried by 14 votes to 9.

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

2.38pm            The public was excluded.

The meeting adjourned at 2.38pm and reconvened at 2.45pm.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

4.39pm            The public was re-admitted.

restatementS

It was resolved while the public was excluded:

C1

Notice of Motion - Councillor Chris Darby - Proposed Auckland Unitary Plan – Council Position for Mediation and Hearings – City Centre Port Precinct

The motion was put in parts.

MOVED by Deputy Chairperson C Darby, seconded by Cr CM Casey:

That the Auckland Development Committee:

a)      revoke the following decision carried at the 12 February 2015 meeting of the Auckland Development Committee:

Resolution number AUC/2015/20

b)      support providing for small-scale reclamation (0.6 Hectares) within the Port Precinct identified inner basin area as a restricted discretionary activity (non- notified), limited to no greater than 2 Hectares of reclamation within any 10 year period.

A division was called for, voting on which was as follows:

For Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member  Ngamane Member DE Taipari Cr WD Walker Cr J Watson Cr GS Wood

Against Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr MP Webster

Abstained

The motion was declared lost by 10 votes to 12.

MOVED by Deputy Chairperson C Darby, seconded by Cr CM Casey:

That the Auckland Development Committee:

b)      revoke the following decision carried at the 12 February 2015 meeting of the Auckland Development Committee:

Resolution number AUC/2015/21

c)     support amending the activity status for reclamation for rehabilitation or remedial works from discretionary to restricted discretionary (non-notified).

A division was called for, voting on which was as follows:

For Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member  Ngamane Member DE Taipari Cr WD Walker Cr J Watson Cr GS Wood

Against Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr MP Webster

Abstained

The motion was declared lost by 10 votes to 12.

MOVED by Deputy Chairperson C Darby, seconded by Cr CM Casey:

That the Auckland Development Committee:

c)      revoke the following decision carried at the 12 February 2015 meeting of the Auckland Development Committee:

Resolution number AUC/2015/22

d)      support amending the activity status for reclamation or drainage not otherwise provided for from non-complying to fully notified discretionary, within the area south of the current port precinct boundary in accordance with the Ports of Auckland Ltd 2013 consultation document.

A division was called for, voting on which was as follows:

For Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member  Ngamane Member DE Taipari Cr WD Walker Cr J Watson Cr GS Wood

Against Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr MP Webster

Abstained

The motion was declared lost by 10 votes to 12.

MOVED by Deputy Chairperson C Darby, seconded by Cr CM Casey:

That the Auckland Development Committee:

d)      endorse non-complying activity status for any further reclamation beyond current consented activity within the Port precinct, and reconfirm resolution number AUC/2015/19 carried at the 12 February 2015 meeting of the Auckland Development Committee, copied below:

Reclamation

               a)      support retaining the restricted discretionary activity status for minor reclamation within the Port Precinct for the purpose of maintaining, repairing or upgrading a lawful reclamation.”

A division was called for, voting on which was as follows:

For Cr CM Casey Cr RI Clow Deputy Chairperson C Darby Cr CE Fletcher Cr ME Lee Member  Ngamane Member DE Taipari Cr WD Walker Cr J Watson Cr GS Wood

Against Cr AJ Anae Cr CE Brewer Mayor LCM Brown Cr WB Cashmore Cr LA Cooper Cr AM Filipaina Chairperson PA Hulse Cr DA Krum Cr CM Penrose Cr D Quax Cr SL Stewart Cr MP Webster

Abstained

The motion was declared lost by 10 votes to 12.

Resolution number AUC/2015/28

MOVED by Chairperson PA Hulse, seconded by Cr MP Webster:

That the Auckland Development Committee:

e)      note that the report and attachments regarding – Notice of Motion – Councillor Chris Darby – Proposed Auckland Unitary Plan – Council Position for Mediation and Hearings – City Centre Port Precinct – will remain confidential until the conclusion of the Auckland Unitary Plan Hearings.

f)       note that only decisions a) to d) regarding – Notice of Motion – Councillor Chris Darby – Proposed Auckland Unitary Plan – Council Position for Mediation and Hearings – City Centre Port Precinct – will be restated in the open section of the minutes and reflected in the draft provisions on the Proposed Auckland Unitary Plan Independent Hearings Panel (PAUPIHP) website as soon as practicable after today’s meeting, and are no longer confidential.

CARRIED

Secretarial Note: Pursuant to Standing Order 3.15.5, Cr ME Lee, Cr CM Casey, Cr J Watson, Cr WD Walker, and Cr CE Fletcher requested that their votes against recommendations e) and f) be recorded.

4.39 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 Auckland Development Committee HELD ON

DATE:.........................................................................

CHAIRPERSON:........................................................