Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 27 August 2015 at 9.30am.

 

present

 

Mayor

Len Brown, JP

Until 1.45 pm, Item C3

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

 

 

Cr Cameron Brewer

 

 

Cr Dr Cathy Casey

 

 

Cr Bill Cashmore

 

 

Cr Linda Cooper, JP

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Denise Krum

From 1.02 pm, Item C2

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

Cr Dick Quax

 

 

Cr Sharon Stewart, QSM

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

Cr Penny Webster

 

 

Cr George Wood, CNZM

 

 

ABSENT

 

 

Cr Ross Clow

For absence

 

Cr Hon Christine Fletcher, QSO

On council business

 

Cr Denise Krum

For lateness

 

Cr Sir John Walker, KNZM, CBE

For absence

 

 

 

 

 


Governing Body

27 August 2015

 

 

1          Affirmation

 

His Worship the Mayor read the affirmation.

 

2          Apologies

 

Resolution number GB/2015/86

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

That the Governing Body:

a)         accept the apologies from Cr C Fletcher for absence on council business, Cr D Krum for lateness on council business and Cr J Walker and Cr R Clow for absence.

CARRIED

 

3          Declaration of Interest

 

There were no declarations of interest.

 

4          Confirmation of Minutes

 

Resolution number GB/2015/87

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

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 30 July 2015, including the confidential section, as a true and correct record.

CARRIED

 

5          Acknowledgements and Achievements

 

5.1

Acknowledgement

 

His Worship the Mayor acknowledged the passing of George Gair, Logan Brewer, Alwyn (Gordon) Vette and Basil Thomas Silcock and a moment of silence was observed.

 

 

 

Achievements

 

A document noting Auckland Council Group’s achievements was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website.

 

 

 

Attachments

a     27 August 2015 - Item 5.1 - Acknowledgements and Achievements August 2015

 

 

6          Petitions

 

6.1

Save Our Unique Landscapes - petition relating to Cr Casey's Notice of Revocation

 

Waimarie McFarland, Anya Tahere, Haki Wilson, Pania  Newton, Moana Waa and Brendan Corbett, representing ‘Save Our Unique Landscape’ were in attendance to address the meeting and to present a petition containing 1,121 signatures relating to 2 Oruarangi Road, Mangere.

 

Petition Prayer:

 

Stop the Special Housing Area (SHA) in Ihumatao-Mangere!

An area of land on Oruarangi Road, Ihumatao Mangere has been added as one of the three Special Housing Areas in the Mangere-Otahuhu community. Foreign-owned Fletchers Residential Ltd are proposing a development of 500 houses on this pieve of farmland. This location is adjacent to the Otuataua Stonefields Historic Reserve, a public green space with rich historical, environmental and cultural significance and, Ihumatao Pa, one of the last remaining original and liveable papakainga in New Zealand.

Save Our Unique Landscape campaign recognises there is a housing shortage in Auckland and do not oppose the other two locations for SHA in the Mangere-Otahuhu Area. But, a development of this magnitude, in this location, will have huge, negative effects. It will be detrimental to the residents of Ihumatao, community members of Mangere and other interested parties, from a historical, cultural, spiritual, social and environmental perspective.

This proposed SHA will not contribute to making Auckland a liveable city, but destroy one of the few significant and unique spaces Auckland has left.

In 2012 the Environment Court ordered the land be re-zoned to Future Urban. The developers are now in pre-application discussions to rezone the land to Residential, and apply for a subdivision to develop this SHA.

Join us in telling Mayor Len Brown and Housing Minister Nick Smith that the Auckland Council must revoke its support for the SHA in this location and all applications for rezoning the land and future developments of this sort, must be rejected.

 

A copy of the petition has been placed on the official minutes.

 

Resolution number GB/2015/88

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

That the Governing Body:

a)      receive the petition from Save Our Unique Landscapes.

CARRIED

 

Attachments

a     27 August 2015 - Item 6.1 - Save Our Unique Landscapes - petition relating to Cr Casey's Notice of Revocation.

 

7          Public Input

 

7.1

Special Housing Area - 2 Oruarangi Rd, Mangere - Te Warena Taua, Chair of Te Kawerau Iwi Authority and Te Ahiwaru Iwi (Makaurau Marae Trust)

 

Te Warena Taua, Chair of Te Kawerau Iwi Authority and Te Ahiwaru Iwi (Makaurau Marae Trust), Emily Karaka and Edward Ashby were present and tabled documents in support of their presentation.

A copy of the tabled documents have been placed on the official minutes and are available on the Auckland Council website as a minutes attachment.

 

 

Resolution number GB/2015/89

MOVED by Mayor LCM Brown, seconded by Deputy Mayor PA Hulse:   

That the Governing Body:

a)         receive the verbal presentation from Te Warena Taua, Chair of Te Kawerau Iwi Authority and Te Ahiwaru Iwi (Makaurau Marae Trust) regarding the Special Housing Area in relation to 2 Oruarangi Rd, Mangere.

CARRIED

 

Attachments

a     27 August 2015 - Governing Body  - Item 7.1 - Special Housing Area - 2 Oruarangi Rd, Mangere - Te Warena Taua, Chair of Te Kawerau Iwi Authority and Te Ahiwaru Iwi (Makaurau Marae Trust)

 

 

8          Local Board Input

 

There was no local board input.

 

9          Extraordinary Business

 

There was no extraordinary business.

 

10        Notices of Motion

 

10.1

Notice of Revocation - Cr Cathy Casey

 

MOVED by Cr CM Casey, seconded by Cr ME Lee:  

That the Governing Body:

a)      agree pursuant to Standing Order 1.9.1, to revoke part of Resolution number GB/2014/43 of 1 May 2014 in relation to a Tranche 3 Special Housing Area at Orurangi Road, Mangere:

          ‘In accordance with sections 77, 78 and 79 of the Local Government Act 2002 and pursuant to section 17 of the Housing Accords and Special Housing Areas Act 2013, recommend to the Minister of Housing that the areas identified below and shown in Attachments A and B of the report, be established as Special Housing Areas: Oruarangi Road 2, Mangere.’

b)      agree that the Minister of Housing be advised that the Governing Body has revoked this Special Housing Area recommendation.

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

For

Cr AJ Anae

Cr CM Casey

Cr ME Lee

Cr WD Walker

Cr J Watson

Against

Cr CE Brewer

Mayor LCM Brown

Cr WB Cashmore

Cr LA Cooper

Cr C Darby

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr CM Penrose

Cr D Quax

Cr SL Stewart

Cr MP Webster

Cr GS Wood

Abstained

 

The motion was declared lost by 5 votes to 12

LOST.

 

The meeting was adjourned at 11.42am.

The meeting reconvened at 11.47am.

Cr CE Brewer, Cr AM Filipaina and Cr WD Walker were not present.

 

11

Development Auckland - confirmation of prior approvals

 

Cr WD Walker entered the meeting at 11.54 am.

Cr AM Filipaina entered the meeting at 11.55 am.

 

Resolution number GB/2015/90

MOVED by Deputy Mayor PA Hulse, seconded by Cr GS Wood:  

That the Governing Body:

a)      notes that effective from 1 September 2015, Development Auckland will be formed by the amalgamation of ACPL and Waterfront Auckland.  Under the amalgamation ACPL is merged into Waterfront Auckland which is the surviving company.

b)      notes that upon amalgamation Waterfront Auckland will be renamed Development Auckland Limited and a new constitution will become effective.

c)      notes that by operation of law, Development Auckland will automatically have all the property, rights, powers, privileges, liabilities and obligations of ACPL and Waterfront Auckland including the rights and property vested in ACPL and Waterfront Auckland by the Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010 as they apply to those entities immediately before amalgamation.

d)      confirms that all prior resolutions, delegations, approvals, agreements, authorisations and requests by the Governing Body or any of its committees relating to ACPL or Waterfront Auckland apply to Development Auckland as if the references in those resolutions, delegations, approvals, agreements, authorisations or requests are to Development Auckland; including but not limited to:

i)       prior approvals given by the Finance and Performance Committee or the Regional Strategy and Policy Committee to ACPL to acquire or dispose of land or property;

ii)      agreements and delegations by the Finance and Performance Committee to the ACPL Board on 19 June 2014 concerning the Strategic Development Fund; and

iii)     prior resolutions, approvals, agreements, authorisations and requests made by the Auckland Development Committee concerning ACPL.

CARRIED

 

 

12

Referendum on alternative transport funding working party - report back

 

Resolution number GB/2015/91

MOVED by Cr GS Wood, seconded by Cr AJ Anae:  

That the Governing Body:

a)      does not hold a referendum on alternative transport funding in conjunction with the 2016 triennial elections

b)      requests further advice on options for public engagement on alternative transport funding, which may include a referendum, once the Auckland Transport Alignment Project has been completed.

CARRIED

 

Secretarial note:          Pursuant to Standing Orders 1.8.6 Councillor Quax requested his dissenting vote be recorded.

13        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

14        Procedural motion to exclude the public

Resolution number GB/2015/92

MOVED by Mayor LCM Brown, seconded by Cr LA Cooper:  

That the Governing Body:

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

b)      agree that Tame Te Rangi, Chair of the Selection Panel  be permitted to remain for Confidential Item C2: Funding for court action in relation to the selection process for Mataawaka representatives on the Independent Māori Statutory Board after the public has been excluded, because of his knowledge of the selection process, which will help the Governing Body 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       Auckland Transport Alignment Project

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 the Terms of Reference for the Transport Alignment Project, which are still the subject of negotiation with Central Government.

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       Funding for court action in relation to the selection process for Mataawaka representatives on the Independent Māori Statutory Board

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, as do the attachments.

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       Recommendation for Appointments to the Rainbow Communities Advisory 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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the names of people recommended for the Rainbow Communities Advisory Panel. This information should not be made public until the Governing Body has adopted the recommendations and the successful applicants have confirmed their acceptance of the appointment.

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       Recommendation for the Appointment of Additional Panel Members to the Ethnic Peoples Advisory Panel and to the Disability Advisory 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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the names of members recommended for appointment to the Ethnic Peoples Advisory Panel and the Disability Advisory Panel. This information should not be made public until the Governing Body has adopted the recommendations and the successful applicants have confirmed their acceptance of the appointment.

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

 

11.59am          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.

 

1.53pm            The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Auckland Transport Alignment Project

 

That the Governing Body:

c)      agree that the report and decisions are restated in the open section of the minutes once the Auckland Transport Alignment Project has been publicly announced by the Mayor and the Minister of Transport

 

 

C2

Funding for court action in relation to the selection process for Mataawaka representatives on the Independent Māori Statutory Board

 

That the Governing Body:

a)      approve funding for the costs incurred of an appeal against a ruling of the High Court that the Selection Body’s process appointing Mr Tony Kake as a member of the Independent Māori Statutory Board in 2013 was invalid. 

b)      agree that the Governing Body decisions be restated in the open section of the minutes but that the report remains confidential.

c)      agree that representations be made to the Minister of Māori Affairs and the Minister of Local Government seeking changes in legislation to obtain greater clarity and certainty of selection process and liability for costs.

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

For

Mayor LCM Brown

Cr CM Casey

Cr WB Cashmore

Cr LA Cooper

Cr C Darby

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr CM Penrose

Cr MP Webster

Against

Cr CE Brewer

Cr DA Krum

Cr ME Lee

Cr D Quax

Cr SL Stewart

Cr J Watson

Cr GS Wood

Abstained

The motion was declared carried by 9 votes to 7.

 

 

C3

Recommendation for Appointments to the Rainbow Communities Advisory Panel

 

That the Governing Body:

c)      agree that the appointments be made public once all successful candidates have been advised and have confirmed they accept their appointment.

 

 

 

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

For

Cr CM Casey

Cr WB Cashmore

Cr LA Cooper

Cr C Darby

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr ME Lee

Against

Cr CE Brewer

Cr DA Krum

Cr CM Penrose

Cr D Quax

Cr SL Stewart

Cr MP Webster

Cr GS Wood

Abstained

 

The motion was declared EQUAL.

The chair exercised her casting vote for so the motion was carried.

 

 

 

C4

Recommendation for the Appointment of Additional Panel Members to the Ethnic Peoples Advisory Panel and to the Disability Advisory Panel

 

That the Governing Body:

d)      agree that the appointments be made public once all successful candidates have been advised and have confirmed they accept their appointment.

  

 

 

1.53 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:........................................................