Auckland Development Committee

OPEN MINUTES

Minutes of a meeting of the Auckland Development Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 14 May 2015 at 9.30am.

present

Chairperson	Deputy Mayor Penny Hulse
Deputy Chairperson	Cr Chris Darby	Until 4.03pm, item C3
Members	Cr Anae Arthur Anae
	Mayor Len Brown, JP	From 9.57am, item 5.2
	Cr Dr Cathy Casey
	Cr Bill Cashmore	From 9.57am, item 5.2
	Cr Ross Clow	From 10.53am, item 14
	Cr Alf Filipaina	From 10.20am, item 6.1
	Cr Hon Christine Fletcher, QSO	From 9.45am, item 5.1
	Cr Denise Krum	From 9.57am, item 5.2
	Cr Mike Lee	From 9.50am, item 5.2 Until 4.14pm, item C3
	Member Liane Ngamane	Until 3.44pm, item C2
	Cr Calum Penrose
	Cr Sharon Stewart, QSM
	Member David Taipari
	Cr Sir John Walker, KNZM, CBE	From 10.08am, item 6.1
	Cr Wayne Walker	Until 4.21pm, item C4
	Cr John Watson	From 9.42am, item 5.1 Until 4.04pm, item C3
	Cr Penny Webster
	Cr George Wood, CNZM	Until 3.36pm, item C2

ABSENT

Cr Cameron Brewer

Cr Linda Cooper, JP

Cr Dick Quax

Auckland Development Committee 14 May 2015

1          Apologies

Resolution number AUC/2015/83

MOVED by Cr WD Walker, seconded by Chairperson PA Hulse:

That the Auckland Development Committee:

a) accept the apologies from Cr CE Brewer, Cr LA Cooper and Cr D Quax for absence and from Cr WB Cashmore, Cr RI Clow, Cr AM Filipaina, Cr DA Krum, Cr ME Lee, Cr WD Walker and Cr J Watson for lateness.

CARRIED

2          Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number AUC/2015/84

MOVED by Chairperson PA Hulse, seconded by Cr GS Wood:

That the Auckland Development Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 16 April 2015, including the confidential section, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

5.1	Public Input - Karen Wilson, on behalf of Te Akitai Waiohua - Update on the Puhinui Structure Plan
	Cr J Watson entered the meeting at 9.42am. Cr CE Fletcher entered the meeting at 9.45am.
	Resolution number AUC/2015/85 MOVED by Cr CM Penrose, seconded by Cr GS Wood: That the Auckland Development Committee: a)      thank Karen Wilson, speaking on behalf of Te Akitai Waiohua, for her public input regarding the Update on the Puhinui Structure Plan. CARRIED

5.2	Public Input - Penny Bright - Special Housing Areas
	A document was tabled at the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Cr ME Lee entered the meeting at 9.50am. Mayor LCM Brown, Cr WB Cashmore and Cr DA Krum entered the meeting at 9.57am.
	Resolution number AUC/2015/86 MOVED by Chairperson PA Hulse, seconded by Cr CM Casey: That the Auckland Development Committee: a)      thank Penny Bright, for her public input regarding Special Housing Areas. CARRIED
	Attachments a     14 May 2015 - Auckland Development Committee - Item 5.2 - Public Input - Penny Bright - Special Housing Areas

6 Local Board Input

6.1	Local Board Input - Waitakere Ranges Local Board - Sites 40 and 42 Paturoa Road, Titirangi
	A PowerPoint presentation and a Word document were provided. Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.
	Cr JG Walker entered the meeting at 10.08am. Cr AM Filipaina entered the meeting at 10.20am.
	Resolution number AUC/2015/87 MOVED by Chairperson PA Hulse, seconded by Cr CE Fletcher: That the Auckland Development Committee: a)         thank the Waitakere Ranges Local Board for their presentation to the Auckland Development Committee on the resource consent review of sites 40 and 42 Paturoa Road, Titirangi. CARRIED
	Attachments a     14 May 2015 - Auckland Development Committee - Item 6.1 - Local Board Input - Waitakere Ranges Local Board - Sites 40 and 42 Paturoa Road, Titirangi - PowerPoint Presentation b     14 May 2015 - Auckland Development Committee - Item 6.1 - Local Board Input - Waitakere Ranges Local Board - Sites 40 and 42 Paturoa Road, Titirangi - Tabled Information

Precedence of Business

Resolution number AUC/2015/88

MOVED by Chairperson PA Hulse, seconded by Cr WD Walker:

That the Auckland Development Committee

a) agree that Item 14 – Review of the Resource Consent Processes for development of sites at 40 and 42 Paturoa Road Titirangi be accorded precedence at this time.

CARRIED

14	Review of the Resource Consent Processes for development of sites at 40 and 42 Paturoa Road, Titirangi
	A PowerPoint presentation was provided. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Cr MP Webster left the meeting at 10.40 am. Cr MP Webster returned to the meeting at 10.47 am. Cr RI Clow entered the meeting at 10.53am. Member DE Taipari left the meeting at 11.33am. Member DE Taipari returned to the meeting at 11.44 am.
	Resolution number AUC/2015/89 MOVED by Chairperson PA Hulse, seconded by Cr MP Webster: That the Auckland Development Committee: a)      agree to implement the following recommendations of the report: Resource Consents Team i)       review how resource consent applications are summarised and provide to Local Boards and iwi – clearer language that better describes the nature of the proposal, include activity status, aerial photograph of site, ensure that all relevant information (such as ecologist and arborist reports) are provided, and establish a process to provide feedback to Local Boards and iwi on applications that they have made comment on. ii)      for the West Resource Consents team, provide regular training and refreshers on the Waitakere Ranges Heritage Area (WRHA), its Act, and how activities in the WRHA are managed, and the iwi statements within the operative District Plan. iii)     include relevant conditions to the Auckland Council Resource Consent Conditions Manual which will apply standard controls on developments relating to PTA (Kauri dieback disease) e.g. involving earthworks or vegetation / tree clearance. iv)     continue relationship building and develop a service level agreement with Biodiversity Operations and Biosecurity Teams in relation to the management of PTA, including consideration of whether testing for PTA as part of resource consent applications is appropriate. Local Board Services v)      offer training to Local Board members about the resource consents process, legal issues associated with resource consent applications and the Local Boards’ role and how the delegations to commissioners from the Hearings Committee operates (possibly at the time of their induction). vi)     work with Local Boards, after each election, to review the triggers that each Local Board has established to confirm that those triggers identify the matters the Local Board has an interest in. Cultural Impact Assessment Project Working Group vii)    refer this report on the process of these resource consents to the Cultural Impact Assessment (CIA) project working group for their information. b) request that the Chief Planning officer send a letter to the Minister for the Environment and the Minister for Conservation, outlining the complexities around managing trees and providing for private property rights within the current legislation; and suggesting that a meeting between the ministries and council staff to discuss these issues further. CARRIED
	Secretarial Note:         Pursuant to Standing Order 3.15.5, Councillors Lee, Casey, Watson and W Walker requested their votes against the motion be recorded.
	Attachments a     14 May 2015 - Auckland Development Committee - Item 14 - Review of the Consent Processes for development of sites at 40 and 42 Paturoa Road, Titirangi - PowerPoint Presentation

Secretarial note:          The meeting adjourned at 12.30pm and reconvened at 1.10pm.

7 Extraordinary Business

There was no extraordinary business.

8 Notices of Motion

There were no notices of motion.

9	Noting the Decision on Item C5 - Proposed Auckland Unitary Plan submissions - council position for mediation and hearings - Special Purpose - Tertiary Education zone - Auckland Development Committee 16 April 2015
	Resolution number AUC/2015/90 MOVED by Deputy Chairperson C Darby, seconded by Chairperson PA Hulse: That the Auckland Development Committee: a)      note the decisions on Item C5 of the Auckland Development Committee agenda of 16 April 2015: ‘Proposed Auckland Unitary Plan submissions - council position for mediation and hearings - Special Purpose - Tertiary Education zone’. CARRIED

10

Private Plan Change 315 (1370-1378 Dominion Road) to be made Operative

Resolution number AUC/2015/91 MOVED by Deputy Chairperson C Darby, seconded by Chairperson PA Hulse: That the Auckland Development Committee: a)      approve Private Plan Change 315 to the Auckland Council District Plan (Isthmus Section) 1999 in accordance with Clause 17 of the First Schedule of the Resource Management Act 1991. b)      authorise the Manager, Planning – Central and Islands to complete the necessary statutory processes required to make Plan Change 315 to the Auckland Council District Plan (Isthmus Section) 1999 operative in accordance with Clause 20 of the First Schedule of the Resource Management Act 1991. CARRIED

11	Private Plan Change 209 (178 Balmoral Road and 16 Rocklands Avenue, Balmoral) to be made operative
	Resolution number AUC/2015/92 MOVED by Deputy Chairperson C Darby, seconded by Chairperson PA Hulse: That the Auckland Development Committee: a)      approve Private Plan Change 209 in the Auckland Council District Plan (Isthmus Section 1999), in accordance with Clause 17 of the First Schedule of the Resource Management Act 1991. b)      authorise the Manager, Planning – Central and Islands to complete the necessary statutory processes required to make Private Plan Change 209 to the Auckland Council District Plan (Isthmus Section 1999) operative in accordance with Clause 20 of the First Schedule of the Resource Management Act 1991.  CARRIED
	Secretarial note:          Items 9, 10 and 11 were taken together.

12	Update on the Puhinui Structure Plan
	A PowerPoint presentation was provided. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Resolution number AUC/2015/93 MOVED by Cr AM Filipaina, seconded by Cr CM Penrose: That the Auckland Development Committee: a)      endorse the following principles and approach to advance planning for future development in the Puhinui structure plan area: i)       work with New Zealand Transport Agency to urgently address planning for major capital investments to upgrade State Highway 20 (Puhinui Road) which is a key part of the strategic roading network in the Puhinui area and a strategic route to Auckland International Airport. ii)      continue to work in partnership with Te Akitai Waihoua to complete the Puhinui Structure Plan provisions. iii)     undertake further consultation with Mana Whenua and stakeholders in June 2015 to commence discussions on the draft Puhinui structure plan provisions on a without prejudice and without commitment basis prior to completing the work for the Proposed Auckland Unitary Plan hearing process. iv)     present an integrated response to address matters raised in submissions to the Proposed Auckland Unitary Plan regarding the Rural Urban Boundary and land use provisions in the Puhinui area to the Proposed Auckland Unitary Plan Independent Hearings Panel. v)      note that Auckland Council and Auckland Transport and other agencies are working together on proposed Rapid Transit and the SMART programme for a multi-model transport corridor in South Auckland. CARRIED
	Attachments a     14 May 2015 - Auckland Development Committee - Item 12 - Update on the Puhinui Structure Plan - PowerPoint Presentation

13	Auckland 30 Year Infrastructure Strategy
	Resolution number AUC/2015/94 MOVED by Chairperson PA Hulse, seconded by Cr CE Fletcher: That the Auckland Development Committee: a)      refer the draft Auckland 30 Year Infrastructure Strategy report, with changes incorporated as proposed in the agenda report, to the Infrastructure Committee meeting on Tuesday 19 May 2015. CARRIED

Secretarial note:          Item 14 – Review of the Resource Consent Processes for development of sites at 40 and 42 Paturoa Road, Titirangi – was taken prior to Item 7 – Extraordinary Business.

15

Port Future Study: Design Proposals

A PowerPoint presentation was provided. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Cr ME Lee left the meeting at 1.15 pm.

Cr CE Fletcher left the meeting at 1.21 pm.

Cr CE Fletcher returned to the meeting at 1.28 pm.

Cr ME Lee returned to the meeting at 1.31 pm.

Resolution number AUC/2015/95

MOVED by Chairperson PA Hulse, seconded by Deputy Chairperson C Darby:

That the Auckland Development Committee:

a)      endorse the collaborative Māori and stakeholder process, the establishment of the Stakeholder Reference Group and Consensus Working group, the role and tasks allocated to these groups, and the resources required to support them, as set out in the agenda report.

b)      endorse the list (Attachment A of the agenda report) of identified stakeholders to be invited to participate in the collaborative process, and delegate to the Chief Executive of Auckland Council the authority to extend this list as additional stakeholders are identified.

c)      endorse the draft study scope as set out in the agenda report, for referral to the Consensus Working Group.

d)      note that the project will be funded from the Mayoral Office budget, over the 2014/15 and 2015/16 financial years.

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

For Cr AJ Anae Mayor LCM Brown Cr CM Casey Cr WB Cashmore Cr RI Clow Deputy Chairperson C Darby Cr AM Filipaina Cr CE Fletcher Chairperson PA Hulse Cr DA Krum Cr ME Lee Member  Ngamane Cr CM Penrose Cr SL Stewart Member DE Taipari Cr JG Walker Cr WD Walker Cr J Watson Cr MP Webster Cr GS Wood

Against

Abstained

The motion was declared carried by 20 votes to 0.

CARRIED

Attachments

a     14 May 2015 - Auckland Development Committee - Item 15 - Port Future Study: Design Proposals - PowerPoint Presentation

16	Reports Pending Status Update
	Resolution number AUC/2015/96 MOVED by Cr AM Filipaina, seconded by Cr MP Webster: That the Auckland Development Committee: a)      note the status of Auckland Development Committee resolutions requiring follow up reports as at 14 May 2015. CARRIED

17	Summary of information memos and briefings - 14 May 2015
	Resolution number AUC/2015/97 MOVED by Cr AM Filipaina, seconded by Cr MP Webster: That the Auckland Development Committee: a)      receive the summary of information memos and briefings as per the 14 May 2015 agenda report. CARRIED
	Secretarial note:          Items 16 and 17 were taken together.

The meeting adjourned at 2.25pm and reconvened at 2.34pm.  

18        Consideration of Extraordinary Items

There was no consideration of extraordinary items.

19        Procedural motion to exclude the public

Resolution number AUC/2015/98

MOVED by Cr AM Filipaina, seconded by Chairperson PA Hulse:

That the Auckland Development 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       Port Future Study: Appointment of Independent Chair

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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, information will be provided on candidates for the role of Independent Chair in the Port Future Study Consensus Working Group. This information needs to be withheld to protect the privacy of those individuals.	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       Special Housing Areas: Deferred Request

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. In particular, the report contains commercially sensitive information regarding development proposals. s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. In particular, the report contains commercially sensitive information regarding development proposals.	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       Special Housing Areas: Deferred Request

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. In particular, the report contains commercially sensitive information regarding development proposals. s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. In particular, the report contains commercially sensitive information regarding development proposals.	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       Proposed Auckland Unitary Plan submissions - Zoning Principles

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 contains legal advice.	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       Proposed Auckland Unitary Plan - Interim Guidance from the Independent Hearings Panel

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 contains legal advice.	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       Confidential Reports Pending Status Update

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. In particular, the report contains commercially sensitive information regarding development proposals. s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. In particular, the report contains commercially sensitive information regarding development proposals.	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

2.36pm            The public was excluded.

4.22pm            The public was re-admitted.

restatementS

It was resolved while the public was excluded:

C1	Port Future Study: Appointment of Independent Chair
	Resolution number AUC/2015/100 MOVED the substantive motion by Cr AM Filipaina, seconded by Cr CM Penrose: That the Auckland Development Committee: c)      agree that the name of the Independent Chair for the Port Future Study Consensus Working Group will be made publicly available once the appointment has been concluded by the Chief Executive.

C2

Special Housing Areas: Deferred Request

Resolution number AUC/2015/101 MOVED by Deputy Chairperson C Darby, seconded by Chairperson PA Hulse: That the Auckland Development Committee: d)      agree that the resolutions, report and attachments regarding the ‘Special Housing Areas: Deferred Request’ remain confidential until all due processes have been concluded; and that the Mayor/Deputy Mayor be delegated responsibility to release information on the Special Housing Areas as may be required.

C3	Proposed Auckland Unitary Plan submissions - Zoning Principles
	Resolution number AUC/2015/103 MOVED by Cr AM Filipaina, seconded by Cr WB Cashmore: That the Auckland Development Committee: b)      note that the report, attachments and resolutions regarding – Proposed Auckland Unitary Plan submissions - Zoning Principles will remain confidential until the conclusion of the Proposed Auckland Unitary Plan Hearings.

C4	Proposed Auckland Unitary Plan - Interim Guidance from the Independent Hearings Panel
	Resolution number AUC/2015/104 MOVED by Chairperson PA Hulse, seconded by Cr AM Filipaina: That the Auckland Development Committee: c)      note that the report and resolutions  regarding – Proposed Auckland Unitary Plan – Interim Guidance from the Independent Hearings Panel will remain confidential until the conclusion of the Proposed Auckland Unitary Plan Hearings.

C5

Confidential Reports Pending Status Update Resolution number AUC/2015/105 MOVED by Cr AM Filipaina, seconded by Cr MP Webster: That the Auckland Development Committee: a)      note the status of Auckland Development Committee confidential resolutions requiring follow-up confidential reports as at 14 May 2015.

4.22 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:........................................................