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Resolution
number WHK/2015/5
MOVED by Deputy Chairperson BM Treadwell,
seconded by Member JP Meeuwsen:
That the Waiheke Local Board:
a) i) agrees
pursuant to Standing Order 3.10.14, to revoke resolution WHK/2013/362 of the Waiheke
Local Board, adopted at its ordinary meeting held on 5 December 2013:
23. Waiheke Golf Club lease
boundaries
“That
the Waiheke Local Board:
a) Receives the report.”
ii) noting
there is no resolution in substitution.
b) agrees
pursuant to Standing Order 3.10.14, to revoke the resolutions of Waiheke
Local Board, adopted at its ordinary meeting held on 20 September 2012,
WHK2012/21:
17. Reserves Act Process for
hearing of lease applications
“e) That, if as a result of the hearings, a
decision/decisions are made to support/approve each lease then the
Council/Waiheke Local Board applies to the Department of Conservation for consent to the granting
of the leases, as required under the Act.”
and that the
following be resolved in substitution therefore:
“e) That, if as a result of the hearings, a
decision/decisions are made to support/approve each lease then the Waiheke
Local Board will make a decision to apply to the Department of Conservation
or the Ministers Delegate for prior consent to the granting of the leases, as
required under the Act.
In
addition:
i) Notes
that Auckland Council officers acted during the inter regnum period to seek
the approval of the Minister of Conservation.
Further,
that the Minister declined the request the make a decision and directed that
the decisions should be made locally by elected representatives.
ii) Requires
that the person or body providing the Ministers Consent must be the Minister
or a body or person with a decision making allocation consistent with the
Local Government Auckland Council Act s17.
iii) That
any document or resolution by an officer, the Lease Hearing Panel or the
working party purporting to be an application to the Minister for prior
consent has been generated without the support of the Waiheke Local Board.
iv) That
any document or decision by an officer purporting to be an application to the
Minister for consent for leases in Rangihoua Park is withdrawn.”
c) revokes all
decisions relating to leases in Rangihoua Park made by officers and elected
representatives (as outlined in the attached) of the Waiheke Local Board
between 12 October and 21 October 2013.
and that the
following be resolved in substitution therefore:
“That
the Waiheke Local Board:
a) Requests
a comprehensive and thorough list of all decisions made with respect to
Rangihoua Park leases in the election period from 19 September 2013 through
to 23 October 2013.
b) Requests
reasons why the decisions were considered so urgent that they could not wait
until the incoming Board was able to deal with them.
c) Requests
an explanation as to how the decisions were considered business as usual
decisions under existing delegations.
d) Requests
a printout of the electronic file for the lease document. The printout is to
show a complete edit history with all changes from the advertised lease.
Changes will be tracked and traceable, dated, and attributed to the authors
responsible. Where the file has been copied and edited on a different
location those copies will be provided as well.
e) The
chief executive will provide evidence by way of minuted decisions,
resolutions or signed report that each change to the lease was requested and
accepted by either the Waiheke Local Board or the Lease Hearing Panel.
f) The chief
executive will provide evidence by way of minuted decision, resolutions or
signed report that each action taken by the officers in the election period
was requested and accepted by either the Waiheke Local Board or the Lease
Hearing Panel.
d) agrees pursuant
to Standing Order 3.10.14, to revoke the resolutions of Waiheke Local Board,
adopted at its confidential meeting held 16 May 2013 (reinstated in to the
open agenda at the ordinary meeting held on 15 August 2013), WHK2013/5:
C1. Waiheke
Golf Course: Request for Legal Information
“c)
According, releases into the Open Minutes, C1, clause c, which was approved
by the Board at its business meeting of 16 May 2013:
“C1 That
the Waiheke Local Board:
C) Notes
that:
i) The
2008 Golf Course Development Plan is a document that describes in detail the
proposed development of the 18 hole golf course, in that, it provides details
on landscaping, staging, vegetation, course design, earth works and
clean-fill.
ii) The
earthworks/clean fill requirements in the 2008 Golf Course Development Plan
have already been approved under the 2009 resource consents gained by the
Golf Club and landowner consent (dated 16 March 2009).
iii) Landowner
approval for the golf course has been provided through the Hearings Panel’s
decision to grant the lease under the Reserves Act and the lease is therefore
the key landowner consent document
iv) Some
details in the 2008 Golf Course Development Plan may need to be updated to
reflect the new lease arrangements.
v) The
clean fill arrangements can be addressed either through the new lease
arrangements or once the lease details have been finalised.”
and that the following be
resolved in substitution therefore:
c) That
the Waiheke Local Board seeks:
i) a
report from officers outlining the process followed by the Waiheke Local
Board to consider the Golf Club Development Plan against requirements of the
Reserves Act and Local Government Act.
ii) from
the Council clarification as to the “clean fill arrangements”, i.e. the
revenue generated from a landfill on Onetangi Reserve and what discussions,
arrangements and agreements have been reached on this matter.
CARRIED
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