Minutes of Governing Body

Governing Body

28 May 2015

1 Affirmation

His Worship the Mayor read the affirmation.

Joseph Bergin, Devonport-Takapuna Local Board Chair, welcomed Governing Body members to the Takapuna Service Centre.

2 Apologies

Resolution number GB/2015/32

MOVED by Mayor LCM Brown, seconded by Cr CE Brewer:

That the Governing Body:

a) accept the apologies from Crs LA Cooper and ME Lee for absence and from Crs CE Fletcher and RI Clow for lateness.

CARRIED

3 Declaration of Interest

There were no declarations of interest.

4 Confirmation of Minutes

Resolution number GB/2015/33

MOVED by Mayor LCM Brown, seconded by Cr CM Penrose:

That the Governing Body:

a) confirm the ordinary minutes of its meetings, held on Thursday 30 April 2015, including the confidential section, and Thursday, 7 / Friday, 8 May 2015, as true and correct records.

CARRIED

5 Acknowledgements and Achievements

5.1	Acknowledgements
	His Worship the Mayor noted that acknowledgements would be made later in the meeting.
	Cr AJ Anae entered the meeting at 9.34 am.
	Achievements
	A document noting Auckland Council Group achievements was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Attachments a 28 May 2015 - Governing Body Item 5.2 - Auckland Achievements May 2015

6 Petitions

There were no petitions.

7 Public Input

There was no public input.

8 Local Board Input

There was no local board input.

9 Extraordinary Business

9.1

Extraordinary Business - Body Corporate 326421 and Another v Auckland Council and Others (the Nautilus Building): Delegated Authority

The reason this item was not on the agenda is that the effects of the decision were not known in their entirety when the agenda was released.

The matter cannot be delayed because payment needs to be made, and there is no current delegation in place for payments in excess of $20 million. Interest is currently accruing at approximately $23,000 per week until payment is made. Therefore, the Governing Body, as the next available full council meeting, is being asked to authorise the Chief Executive to facilitate this payment.

Resolution number GB/2015/34

MOVED by Mayor LCM Brown, seconded by Cr MP Webster:

That the Governing Body:

a) consider the matter of payment of the judgment made in the demand by the plaintiffs following the High Court decision on the Nautilus building in Orewa as Extraordinary Business under Item 17.1.

CARRIED

10 Notices of Motion

There were no notices of motion.

Hearings Panel report on the proposed new Signage Bylaw

MOVED by Cr GS Wood, seconded by Cr CM Penrose:

That the Governing Body:

a) receive and adopt the recommendations of the Hearings Panel on the combined Auckland Transport and Auckland Council Signage Bylaw 2015.

b) make the Signage Bylaw 2015 contained in Attachment A to the agenda report, pursuant to sections 145,146 and 149 of the Local Government Act 2002, section 22AB of the Land Transport Act 1998, and section 12 of the Prostitution Reform Act with effect from 1 October 2015.

c) revoke either in full or in part, as identified in Section One of “Additional Information to the Signage Bylaw 2015” in Attachment A to the agenda report, the following legacy council bylaws relating to signs to the extent that they have deemed to have been made by Auckland Council under section 63 or section 61 of the Local Government (Auckland Transitional Provisions) Act 2010, whichever is applicable, from 1 October 2015:

i. Clause 5 of the Auckland City Council Bylaw No. 30 - Brothels and Commercial Sex Premises

ii. Auckland City Council Signs Bylaw 2007

iii. Clause 6 of the Franklin District Brothel Bylaw 2010

iv. Franklin District Council Control of Signs Bylaw 2007

v. Clause 5 of the Manukau City Consolidated Bylaw 2008, Chapter 3 – Brothels

vi. Chapter 19 (Temporary Signs) of the Manukau City Consolidated Bylaw 2008

vii. Clause 4 of the North Shore City Bylaw 2000, Part 25 – Brothels

viii. North Shore City Part 12 (Control of Temporary Signs) Bylaw 2000

ix. Papakura District Council Control of Advertising Signs Bylaw 2008

x. Clause 7 of the Rodney District Council, Chapter 14 – Brothels and Commercial Sex Premises

xi. Rodney District Council, Chapter 22 of the General Bylaw 1998, (Temporary Signs).

d) direct the Manager: Social Policy and Bylaws to report to the Regulatory and Bylaws Committee on a policy for the advertising of alcohol on infrastructure, facilities, or services owned or operated by the council or Council Controlled Organisations.

e) authorise the Manager: Social Policy and Bylaws, in consultation with the Chair of the Hearings Panel, to make any minor edits or amendments to the combined Auckland Transport and Auckland Council Signage Bylaw 2015 to correct any identified errors or typographical edits or to reflect decisions made by the governing body.

An amendment was MOVED by Cr C Darby, seconded by Cr CM Casey:

That the Governing Body:

d) direct the Manager: Social Policy and Bylaws to report to the Regulatory and Bylaws Committee on a policy for the advertising of alcohol brands and products; products and brands that give preference to advertising which supports health and healthy lifestyle choices; and gambling on infrastructure, facilities, or services owned or operated by the council or Council Controlled Organisations.

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

For

Cr CM Casey

Cr C Darby

Cr WD Walker

Against

Cr AJ Anae

Cr CE Brewer

Mayor LCM Brown

Cr WB Cashmore

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr DA Krum

Cr CM Penrose

Cr D Quax

Cr SL Stewart

Cr JG Walker

Cr J Watson

Cr MP Webster

Cr GS Wood

Abstained

The amendment was declared lost by 3 votes to 14.

The substantive motion was put

Resolution number GB/2015/35

MOVED by Cr GS Wood, seconded by Cr CM Penrose:

That the Governing Body:

a) receive and adopt the recommendations of the Hearings Panel on the combined Auckland Transport and Auckland Council Signage Bylaw 2015.

i. Clause 5 of the Auckland City Council Bylaw No. 30 - Brothels and Commercial Sex Premises

ii. Auckland City Council Signs Bylaw 2007

iii. Clause 6 of the Franklin District Brothel Bylaw 2010

iv. Franklin District Council Control of Signs Bylaw 2007

v. Clause 5 of the Manukau City Consolidated Bylaw 2008, Chapter 3 – Brothels

vi. Chapter 19 (Temporary Signs) of the Manukau City Consolidated Bylaw 2008

vii. Clause 4 of the North Shore City Bylaw 2000, Part 25 – Brothels

viii.North Shore City Part 12 (Control of Temporary Signs) Bylaw 2000

ix. Papakura District Council Control of Advertising Signs Bylaw 2008

x. Clause 7 of the Rodney District Council, Chapter 14 – Brothels and Commercial Sex Premises

xi. Rodney District Council, Chapter 22 of the General Bylaw 1998, (Temporary Signs).

CARRIED

Hearings Panel report on proposed new Film Fees

Cr AJ Anae left the meeting at 10.06 am.

Cr AJ Anae returned to the meeting at 10.13 am.

Resolution number GB/2015/36

MOVED by Cr DA Krum, seconded by Deputy Mayor PA Hulse:

That the Governing Body:

a) receive and adopt the recommendations of the Hearings Panel on the Auckland Film Protocol 2015 and schedule of film fees.

b) note that Screen Auckland will continue to work with individual local boards to promote and encourage filming activity in their local board areas.

c) direct Screen Auckland to recompense the council the fees collected for filming in local parks.

d) direct staff to collaborate with each local board to determine the most appropriate use of the film fees received from Screen Auckland in local parks in their local board area.

e) note that individual local boards will collaborate with Local and Sports Parks to determine the manner in which the recompensed film fees are spent in the local board area.

f) recommend Auckland Transport work with Screen Auckland to redirect film fees recouped from filming activity on roads, paths and berms to individual local boards.

g) note the Auckland Film Protocol 2015 and schedule of film fees will come in to force on 1 November 2015.

CARRIED

13	Introduction of a new Property Maintenance and Nuisance Bylaw - Recommendation from Regulatory & Bylaws Committee
	Cr JG Walker left the meeting at 10.17 am. Cr CE Fletcher entered the meeting at 10.19 am.
	Resolution number GB/2015/37 MOVED by Cr CM Penrose, seconded by Cr SL Stewart: That the Governing Body: a) approve the following recommendation from the Regulatory and Bylaws Committee: i) that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the issues relating to nuisance created on private land ii) that pursuant to section 155(2)(a) and (b) and section 155(3) of the Local Government Act 2002, as described in part 9 of the attached Statement of Proposal, the proposed draft Property Maintenance and Nuisance Bylaw 2015 is not inconsistent with the New Zealand Bill of Rights Act 1990 and is the most appropriate form of bylaw iii) that pursuant to sections 83 and 86 of the Local Government Act 2002 the Statement of Proposal, and proposed draft Property Maintenance and Nuisance Bylaw 2015 (Attachment A of the report) be approved for public consultation iv) that pursuant to sections 145, 146 and 149 of the Local Government Act 2002 and section 19 of the Health Act 1955, the proposed draft Property Maintenance and Nuisance Bylaw 2015 is for the purposes of: (a) requiring private property to be kept in such a manner that it does not create a nuisance or be likely to be injurious to health; (b) protecting, promoting, and maintaining public health and safety by restricting the feeding of wild or feral animals; (c) protecting, promoting, and maintaining public health and safety by requiring all industrial water cooling tower systems to be registered with the council and regularly tested to mitigate against an outbreak of Legionnaire’s Disease. v) that pursuant to section 62 of the Local Government (Auckland Transitional Provisions) Act 2010 and 156 of the Local Government Act 2002, Auckland Council proposes to revoke the following legacy council bylaws: (a) Auckland City Council Environmental Protection Bylaw 2007 – except for the definitions in clause 13.1 and clauses 13.5.1 to 13.5.6; (b) North Shore City Bylaw 2000 – Part 7 – Environmental Protection - Nuisances Arising On Private Land; (c) Waitakere City Council – Control of Intruder Alarm Systems Bylaw 2010. vi) that pursuant to section 63 of the Local Government (Auckland Transitional Provisions) Act 2010 the council proposes to confirm the definitions in clause 13.1 and clauses 13.5.1 to 13.5.6 of the Auckland City Council Environmental Protection Bylaw 2007 to ensure transitional regulation of spill lighting in the legacy Auckland City area until the Proposed Auckland Unitary Plan has legal effect. CARRIED
	Secretarial note: Pursuant to Standing Order 3.15.5, Cr CM Casey requested that her dissenting vote be recorded.

Committee Terms of Reference

MOVED by Mayor LCM Brown, seconded by Cr GS Wood:

That the Governing Body:

a) adopt the Terms of Reference for Committees as contained in Attachment A to the agenda report, to take effect from 1 July 2015

b) approve the amended meeting schedule as prepared by staff, attached as Attachment B to the agenda report.

c) delegate to the Manager Democracy Services the ability to amend the schedule in consultation with the chairpersons of any affected committees.

d) appoint Councillor Casey as the liaison councillor for the Rainbow Communities Advisory Panel.

An amendment was MOVED by Cr J Watson, seconded by Cr WD Walker:

That the Governing Body:

e) agree that the Arts, Culture and Events Committee also meet on a two-monthly basis.

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

For

Cr AJ Anae

Mayor LCM Brown

Cr CM Casey

Cr C Darby

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr CM Penrose

Cr WD Walker

Cr J Watson

Against

Cr CE Brewer

Cr WB Cashmore

Cr CE Fletcher

Cr DA Krum

Cr D Quax

Cr SL Stewart

Cr MP Webster

Cr GS Wood

Abstained

The amendment was declared carried by 9 votes to 8.

Secretarial note: The substantive motion was put in parts.

Resolution number GB/2015/38

MOVED by Mayor LCM Brown, seconded by Cr GS Wood:

That the Governing Body:

a) adopt the Terms of Reference for Committees as contained in Attachment A to the agenda report, to take effect from 1 July 2015

b) approve the amended meeting schedule as prepared by staff, attached as Attachment B to the agenda report.

c) delegate to the Manager Democracy Services the ability to amend the schedule in consultation with the chairpersons of any affected committees.

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

For

Cr CE Brewer

Mayor LCM Brown

Cr WB Cashmore

Cr C Darby

Cr CE Fletcher

Deputy Mayor PA Hulse

Cr DA Krum

Cr CM Penrose

Cr D Quax

Cr SL Stewart

Cr MP Webster

Cr GS Wood

Against

Cr AJ Anae

Cr CM Casey

Cr AM Filipaina

Cr WD Walker

Cr J Watson

Abstained

The motion was declared carried by 12 votes to 5.

CARRIED

Resolution number GB/2015/39

MOVED by Mayor LCM Brown, seconded by Cr MP Webster:

That the Governing Body:

d) appoint Councillor Casey as the liaison councillor for the Rainbow Communities Advisory Panel.

CARRIED

Delegations to the Chief Executive

Deputy Mayor PA Hulse left the meeting at 11.46 am.

Cr RI Clow entered the meeting at 11.50 am.

Deputy Mayor PA Hulse returned to the meeting at 11.54 am.

Cr JG Walker returned to the meeting at 12.05 pm.

MOVED by Cr CE Fletcher, seconded by Cr CM Penrose

That the Governing Body:

a) agree that the Chief Executive’s delegations are increased from $7.5 million to $20 million, and that joint delegated authority between the Chief Executive, the Mayor and the relevant Committee Chair be raised from $10 million to $22.5 million.

b) agree to amend Schedule One of the Chief Executive’s Delegation to reflect the changes approved in recommendation a) above.

c) agree to amend the Terms of Reference for the Tenders and Procurement Committee to reflect the increase in the Chief Executive’s financial delegations from $7.5 million to $20 million, and the joint delegated authority between the Chief Executive, the Mayor and the relevant Committee Chair from $10 million to $22.5 million.

d) note that the Chief Executive’s financial delegations relating to Local Boards remain unchanged.

e) agree that the changes to the Chief Executive’s delegations come into effect from 1 July 2015.

An amendment was MOVED by Cr CE Brewer, seconded by Cr D Quax:

That the Governing Body:

a) agree that given the current political climate, and the proximity of the 2016 election, the Chief Executive’s delegations are increased to $15million rather than the proposed $20million and that the joint delegated authority between the Chief Executive, the Mayor and the relevant Committee Chair be raised from $10million to $17.5million rather than the proposed $22.5million and that c) and d) are altered accordingly.

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

For

Cr CE Brewer

Cr CM Casey

Cr D Quax

Cr SL Stewart

Cr WD Walker

Cr J Watson

Against

Cr AJ Anae

Mayor LCM Brown

Cr WB Cashmore

Cr RI Clow

Cr C Darby

Cr AM Filipaina

Cr CE Fletcher

Deputy Mayor PA Hulse

Cr DA Krum

Cr CM Penrose

Cr JG Walker

Cr MP Webster

Cr GS Wood

Abstained

The amendment was declared lost by 6 votes to 13.

The substantive motion was put.

Resolution number GB/2015/40

MOVED by Cr CE Fletcher, seconded by Cr CM Penrose:

That the Governing Body:

b) agree to amend Schedule One of the Chief Executive’s Delegation to reflect the changes approved in recommendation a) above.

d) note that the Chief Executive’s financial delegations relating to Local Boards remain unchanged.

e) agree that the changes to the Chief Executive’s delegations come into effect from 1 July 2015.

CARRIED

Secretarial note: Pursuant to Standing Order 3.15.5, Crs CE Brewer, CM Casey, SL Stewart and J Watson requested that their dissenting votes be recorded.

His Worship the Mayor acknowledged the following retiring members of the Executive Lead Team and thanked them for their services to the Council: Grant Taylor, Governance Director; Alan Brookbanks, People and Capabilities Director; and Roger Blakeley, Chief Planning Officer.

12.24pm The meeting was adjourned.

1.08pm The meeting reconvened.

Deputy Mayor Hulse and Crs JG Walker, WD Walker and J Watson were not present when the meeting reconvened.

16	Standing Orders - Proposed changes
	Cr JG Walker returned to the meeting at 1.15 pm. Deputy Mayor PA Hulse returned to the meeting at 1.30 pm.
	Secretarial note: Amendments to clauses a)ii) and b) i) were incorporated with the agreement of the meeting.
	Resolution number GB/2015/41 MOVED by Mayor LCM Brown, seconded by Cr GS Wood: That the Governing Body: a) amend the standing order relating to repeat notices of motion so that: i) a seconder is required when the notice of motion is lodged ii) if rejected by the meeting, signatures of one third of the members are required if the same motion is submitted again within six months iii) the same motion cannot be submitted a third time within six months. b) amend the standing order relating to repeat notices of motion to revoke previous resolutions so that: i) signatures of one third of the members are required when the notice of motion is lodged ii) if it is rejected, the same motion cannot be submitted a second time within six months. c) revoke its current Standing Orders (adopted 1 November 2010 and revised 1 September 2011) and adopt the Standing Orders in Attachment A to the agenda report, including amendments resulting from recommendations a) and b) above. d) amend the Terms of Reference for Committees so that all councillors who are not named members of reporting committees are ex-officio members without voting rights, but counting towards the quorum when present, provided a minimum of two named members are present, noting that this is in addition to amendments made by the reports on Committee Terms of Reference and Chief Executive delegations. e) forward this report to all local boards, drawing their attention to the suggestion to provide for councillors’ participation at local board meetings in their standing orders. f) authorise the Manager Democracy Services to make changes to the standing orders of a minor nature, such as correcting typographical or grammatical errors, in consultation with the chair of the working party, Councillor Chris Darby. CARRIED UNANIMOUSLY

17 Consideration of Extraordinary Items

17.1	Extraordinary Business - Body Corporate 326421 and Another v Auckland Council and Others (the Nautilus Building): Delegated Authority
	This report 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.
	MOVED by Cr MP Webster, seconded by Mayor LCM Brown: That the Governing Body: a) note that $23.8million is covered in Council’s total provision of expected payments in Council’s accounts for weathertight claims in the current financial year. b) authorise the Chief Executive to approve immediate payment of the full judgment sum plus interest to the plaintiffs in Body Corporate 326421 and Another v Auckland Council and Others. c) note that the Chief Executive will ensure all necessary steps are taken to maximise Council’s recovery of relevant portions of the judgment sum from co-defendants.
	Resolution number GB/2015/42 MOVED by Cr RI Clow, seconded by Cr AJ Anae: That the Governing Body: a) agree that, pursuant to Standing Order 3.13.1, the motion under debate now be put to a vote. CARRIED
	Resolution number GB/2015/43 MOVED by Cr MP Webster, seconded by Mayor LCM Brown: That the Governing Body: a) note that $23.8million is covered in Council’s total provision of expected payments in Council’s accounts for weathertight claims in the current financial year. b) authorise the Chief Executive to approve immediate payment of the full judgment sum plus interest to the plaintiffs in Body Corporate 326421 and Another v Auckland Council and Others. c) note that the Chief Executive will ensure all necessary steps are taken to maximise Council’s recovery of relevant portions of the judgment sum from co-defendants. CARRIED
	Attachments a 28 May 2015 - Governing Body Item 17.1 Body Corporate 326421 and Another v Auckland Council and Others (the Nautilus Building): Delegated Authority - report

18 Procedural motion to exclude the public

Resolution number GB/2015/44

MOVED by Mayor LCM Brown, seconded by Cr CM Penrose:

That the Governing Body:

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 Chairperson

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 from Auckland Development Committee

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)(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.

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.

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

1.49pm 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.

2.06pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

Port Future Study: Appointment of Independent Chairperson

c) agree that the name of the Independent Chairperson for the Port Future Study will be made publicly available once the appointment has been concluded by the Chief Executive, and note that a copy of the agenda report will be placed in the open minutes, but the tabled information will remain confidential.

Attachments

a 28 May 2015 - Governing Body Item C2 - Port Future Study: Appointment of Independent Chairperson report

C2	Special Housing Areas - Deferred from Auckland Development Committee
	b) refer the Special Housing Area request directly to the 25 June 2015 Governing Body meeting for final determination.

2.06 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 Governing Body HELD ON

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

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

Mayor	Len Brown, JP
Deputy Mayor	Penny Hulse
Councillors	Cr Anae Arthur Anae	From 9.34am, Item 5.1
	Cr Cameron Brewer
	Cr Dr Cathy Casey
	Cr Bill Cashmore
	Cr Ross Clow	From 11.50am, Item 15
	Cr Chris Darby
	Cr Alf Filipaina
	Cr Hon Christine Fletcher, QSO	From 10.19am, Item 13
	Cr Denise Krum
	Cr Calum Penrose
	Cr Dick Quax
	Cr Sharon Stewart, QSM
	Cr Sir John Walker, KNZM, CBE
	Cr Wayne Walker	Until 12.24pm, Item 15
	Cr John Watson	Until 12.24pm, Item 15
	Cr Penny Webster
	Cr George Wood, CNZM

	Cr Linda Cooper
	Cr Mike Lee