Hearings Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Hearings Committee held in the Level 26, Room 1 & 2, 135 Albert Street, Auckland on Wednesday, 11 February 2015 at 1.30pm.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Penny Webster

From 1.53pm, Item 9.

Members

Cr Chris Darby

 

 

Cr Calum Penrose

 

 

Member David Taipari

From 1.37pm, Item 7.

 

Cr Wayne Walker

From 1.32pm, Item 7, until 2.20pm, Item 11.

 

Member Glenn Wilcox

 

 

APOLOGIES

 

 

Cr Arthur Anae

  Absence

 

Cr Wayne Walker

Apologies for early departure

Ex-officio

Mayor Len Brown

  Absence

Ex-officio

Deputy Mayor Penny Hulse

Absence

 

ALSO PRESENT

 

 

Cr Cathy Casey

From 1.32pm, Item 7, until 2.10pm, Item 11.

 

 


Hearings Committee

11 February 2015

 

 

1          Apologies

 

Resolution number HEA/2015/1

MOVED by Member G Wilcox, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)         accept the apologies from Cr AJ Anae, Mayor LCM Brown and Deputy Mayor PA Hulse for absence and Cr WD Walker for early departure.

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number HEA/2015/2

MOVED by Cr LA Cooper, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 10 December 2014, including the confidential section, as a true and correct record.

CARRIED

 

 

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.


 

7

Process for appointing elected members to Special Housing Area hearings panels

 

Elizabeth Wells, Manager SHA Consenting was in attendance to present to the Hearings Committee regarding the Process for appointing elected member to Special Housing Area hearings panels.

 

Cr C Casey entered the meeting at 1.32pm.

Cr WD Walker entered the meeting at 1.32pm.

Member DE Taipari entered the meeting at 1.37pm.

 

Resolution number HEA/2015/3

MOVED by Cr LA Cooper, seconded by Member DE Taipari:  

That the Hearings Committee:

a)      delegates to the Hearings Committee Chairperson, one IMSB member and Councillor Penrose the power to appoint elected members in accordance with section 89 of the Housing Accords and Special Housing Areas Act 2013 to sit as panel members for Special Housing Area hearings, and requests that those decisions be reported to a subsequent meeting of the Hearings Committee.

CARRIED

 

 

8

Appointment of hearing panel - Proposed filming charges and amendments to the Auckland Film Protocol

 

Richard Stuckey, Principle Policy Analyst and Katie Bowdler, Northern Resource Consenting were in attendance to present to the Hearings Committee regarding the Appointment of hearing panel - Proposed filming charges and amendments to the Auckland Film Protocol.

 

Resolution number HEA/2015/4

MOVED by Cr LA Cooper, seconded by Member DE Taipari:  

That the Hearings Committee:

a)      appoint a panel of up to three members, including Councillor Denise Krum, Councillor Ross Clow and one member of the Independent Māori Statutory Board, to receive and consider submissions on the proposed charges for filming in a public place and associated amendments to the Auckland Film Protocol and make recommendations on these for adoption by the relevant committees

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

 


 

9

Appointment of Independent Commissioners: Application for resource consents - Integrated Development Plan, 101 - 135 Halsey Street, Auckland Central

 

Jennifer Valentine and Robert Andrews were in attendance to present to the Hearings Committee on the Appointment of Independent Commissioners: Application for resource consents - Integrated Development Plan, 101 - 135 Halsey Street, Auckland Central.

 

Deputy Chairperson MP Webster entered the meeting at 1.53pm.

 

Resolution number HEA/2015/5

MOVED by Cr C Darby, seconded by Member G Wilcox:  

That the Hearings Committee:

a)      appoint a panel of four independent commissioners, Leigh McGregor as chair, Gavin Lister, Philip Brown and Basil Morrison as members to hear submissions and make a decision under section 104 of the Resource Management Act 1991 on the application for resource consent (R/LUC/2014/4432) for an Integrated Development Plan at 101-135 Halsey Street, Auckland Central

b)      delegate to the Chairperson of the Hearings Committee the authority to make replacement appointments should any of the independent commissioners under (a) above be unavailable.

CARRIED

 

 

10

Appointment of Independent Commissioners: Application for resource consents - SkyPath at Northcote Point, Auckland Harbour Bridge and Westhaven

 

Jennifer Valentine and Robert Andrews were in attendance to present to the Hearings Committee on the Appointment of Independent Commissioners: Application for resource consents – SkyPath at Northcote Point, Auckland Harbour Bridge and Westhaven.

 

Secretarial note:          Cr Chris Darby declared an interest in item 10, Appointment of Independent Commissioner: Application for resource consents - SkyPath at Northcote Point, Auckland Harbour Bridge and Westhaven.

 

Cr C Darby left the meeting at 1.55pm.

 

Resolution number HEA/2015/6

MOVED by Member DE Taipari, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)      appoint a panel of four independent commissioners, Karyn Sinclair as chair, Melean Absolum, Jenny Hudson and Mark Farnsworth to hear submissions and make a decision under section 104 of the Resource Management Act 1991 on the application for resource consent (R/LUC/2014/3364 and R/REG/2014/3365) for a combined pedestrian/bicycle pathway known as SkyPath connecting Northcote Point to Westhaven on the eastern side of the Auckland Harbour Bridge

b)      delegate to the Chairperson of the Hearings Committee the authority to make replacement appointments should any of the independent commissioners appointed under (a) above be unavailable.

CARRIED

 

Cr C Darby entered the meeting at 2.03pm at the conclusion of this item.

 

 

11

Appointment of Independent Commissioners: Application for resource consent - Proposed New Zealand International Convention Centre, Hobson Street, Auckland Central

 

Jennifer Valentine and Robert Andrews were in attendance to present to the Hearings Committee on the Appointment of Independent Commissioners: Application for resource consents - Proposed New Zealand International Convention Centre, Hobson Street, Auckland Central.

 

Cr C Casey left the meeting at 2.10pm.

Cr WD Walker left the meeting at 2.20 pm.

 

Resolution number HEA/2015/7

MOVED by Cr CM Penrose, seconded by Member DE Taipari:  

That the Hearings Committee:

a)      appoint three independent commissioners, David Hill as chair, Simon Berry and Richard Knott to make the notification determination under sections 95A and 95B of the Resource Management Act 1991 on the application for resource consent (R/LUC/2014/5383, R/REG/2014/5396 and R/REG/2014/5398) to develop the New Zealand International Convention Centre in Auckland Central

b)      subject to the notification decision above, either;

i)       appoint the same panel of three independent commissioners (including one as chair), plus Basil Morrison should the application be non-notified or a hearing not required, to make a decision under section 104 of the Resource Management Act 1991 on the application for resource consent (R/LUC/2014/5383, R/REG/2014/5396 and R/REG/2014/5398) to develop the New Zealand International Convention Centre in Auckland Central; or

ii)      appoint a panel of four independent commissioners, including the chair and commissioner appointed under (a), should the application be notified, to hear submissions and make a decision under section 104 of the Resource Management Act 1991 on the application for resource consent (R/LUC/2014/5383, R/REG/2014/5396 and R/REG/2014/5398) to develop the New Zealand International Convention Centre in Auckland Central

c)      delegate to the Chairperson of the Hearings Committee the authority to make replacement appointments should any of the independent commissioners appointed under (a)-(c) above be unavailable.

CARRIED

 

 

12

Noting the urgent decision of 23 December 2014: 12 Nick Johnstone Drive, Waiheke Island

 

Resolution number HEA/2015/8

MOVED by Cr LA Cooper, seconded by Member DE Taipari:  

That the Hearings Committee:

a)      note the decision to appoint independent commissioners Janine Bell, and if required Craig Shearer and Mark Farnsworth, made under urgency.

 

CARRIED

 

 

 

 

13

Noting the urgent decision of 16 January 2015: 98 Beach Haven Road, Beach Haven

 

Resolution number HEA/2015/9

MOVED by Deputy Chairperson MP Webster, seconded by Member DE Taipari:  

That the Hearings Committee:

a)      note the decision to appoint the independent duty commissioner, and John Hill (or Richard Knott as an alternative) made under urgency.

 

CARRIED

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

15        Procedural motion to exclude the public

Resolution number HEA/2015/10

MOVED by Deputy Chairperson MP Webster, seconded by Cr CM Penrose:  

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       New Resource Consent Appeal:  Hobsonville Limited v Auckland Council – 6 Memorial Park Lane, Hobsonville

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)(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 relating to an environment court appeal, and the disclosure of information may prejudice the councils position in regards to negotiations and the potential settlement of the appeal..

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.

 

 

 

 

 

C2       Resource Consent Appeals: Status Report 11 February 2015

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)(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..

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.

 

C3       Noting the urgent decision of 23 January 2015: 46 Michaels Avenue, Ellerslie

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)(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..

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.

 

C4       Noting the urgent decision of 2 February 2015: Resource Consent Appeal, Lot 1 DP 419092, North Cove, Kawau Island

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)(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..

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.

 

 

 

 

 

C5       Noting the urgent decision of 2 February 2015: Redvale landfill, Dairy Flat

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)(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..

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.

 

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

 

2.33pm            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.

 

2.33pm            The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

C1

New Resource Consent Appeal:  Hobsonville Limited v Auckland Council – 6 Memorial Park Lane, Hobsonville

 

            agree that the decisions, report and attachments regarding the New Resource Consent Appeal: Hobsonville Limited v Auckland Council – 6 Memorial Park Lane, Hobsonville remain confidential.

 

C2

Resource Consent Appeals: Status Report 11 February 2015

 

            agree to release to the open agenda the list and description of current appeals as of             27 January 2015, apart from Council’s status position on the appeals.

 

Attachments

a     11 February 2015, Hearings Committee, Item C2 -  Resource Consent Appeals Report

 

C3

Noting the urgent decision of 23 January 2015: 46 Michaels Avenue, Ellerslie

 

            agree that the decisions, report and attachments regarding ‘Noting the urgent             decision of 23 January 2015: 46 Michaels Avenue, Ellerslie’, not be re-stated in the             open section of the minutes

 

 

 

 

 

 

C4

Noting the urgent decision of 2 February 2015: Resource Consent Appeal, Lot 1 DP 419092, North Cove, Kawau Island

 

            agree that the decisions, report and attachments regarding ‘Noting the urgent decision of 2 February 2015: Resource Consent Appeal, Lot 1 DP 419092, North Cove, Kawau Island’, not be re-stated in the open section of the minutes.

 

C5

Noting the urgent decision of 2 February 2015: Redvale landfill, Dairy Flat

 

            agree that the decisions, report and attachments regarding ‘Noting the urgent decision of 2 February 2015: Redvale landfill, Dairy Flat’, not be re-stated in the open section of the minutes.

 

 

2.33 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:........................................................