Hearings Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Hearings Committee held in the Level 26, 135 Albert Street, Auckland on Tuesday, 15 September 2015 at 2.02pm.

 

present

 

Deputy Chairperson

Penny Webster

 

 

Members

Cr Anae Arthur Anae

 

 

 

Cr Chris Darby

 

 

 

Ms Liane Ngamane

(alternate)

 

 

Cr Calum Penrose

 

 

 

Cr Wayne Walker

From 2.07pm, Item 7 until 3.26pm, Item C1.

 

Mr Glenn Wilcox

 

 

 

ABSENT

 

 

Chairperson Linda Cooper

 

 

 

Mayor Len Brown, JP

 

 

 

Deputy Mayor Penny Hulse

 

 

 

Mr David Taipari

 

 


Hearings Committee

15 September 2015

 

 

1          Apologies

 

Resolution number HEA/2015/106

MOVED by Deputy Chairperson MP Webster, seconded by Cr AJ Anae:  

That the Hearings Committee:

a)         accept the apologies from Chairperson LA Cooper, Mayor LCM Brown, and Deputy Mayor PA Hulse, and Member DE Taipari for absence, and Cr WD Walker for lateness and early departure.

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number HEA/2015/107

MOVED by Cr CM Penrose, seconded by Cr C Darby:  

That the Hearings Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 19 August 2015, 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

Determination of an objection to the construction of a proposed stormwater connection through 63A Arawa Street, New Lynn to service 3216 Great North Road, New Lynn

 

Cr WD Walker entered the meeting at 2.07 pm.

Cr WD Walker left the meeting at 2.12 pm.

 

The applicant, represented by Dr C Kirman, Ian Fistonich, Chris Shortt, Brendon Liggett, and Lahiru Wijenardhana, tabled a document in support of this item.

The objectors, Ting (Amber) Li and Zhi Zheng, tabled a document in support of this item.

Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.

 

Resolution number HEA/2015/108

MOVED by Deputy Chairperson MP Webster, seconded by Cr AJ Anae:  

That the Hearings Committee:

a)         hear and consider the objection by the owners of 63A Arawa Street, New Lynn, to the proposed stormwater connection and line extension, pursuant to section 460 and Schedule 12 of the Local Government Act 1974.

b)        agree to determine the objection to the construction of a proposed stormwater connection through 63A Arawa Street, New Lynn to service 3216 Great North Road, New Lynn, in the confidential section of the meeting.

c)         agree that the decision made in the confidential section of the meeting will be restated in the open section of the minutes.

CARRIED

 

Attachments

a     15 September 2015, Hearings Committee, Item 7 - Legal Submissions on behalf of the applicant

b     15 September 2015, Hearings Committee, Item 7 - Objectors' supporting documents

 

8

Appointment of commissioners: Proposed Private Plan Change 39 - Atlas Concrete, Takapuna

 

Cr AJ Anae left the meeting at 3.01 pm.

Cr AJ Anae returned to the meeting at 3.08 pm.

 

Resolution number HEA/2015/109

MOVED by Cr C Darby, seconded by Cr CM Penrose:  

That the Hearings Committee:

a)      appoint Janine Bell (Chair), Ian Munro, and local board member Janet Fitzgerald to hear submissions and make a decision on Private Plan Change 39 (Atlas Concrete Ltd) to the operative Auckland Council District Plan (North Shore Section 2002).

b)      delegate authority to the chairperson of the Hearings Committee to appoint  replacement commissioners or local board members should any of the commissioners appointed in (a) above be unavailable.

CARRIED

 

Resolution number HEA/2015/110

MOVED by Member G Wilcox, seconded by Member L Ngamane by way of addition:  

That the Hearings Committee:

c)         appoint Bill Kapea to the hearings panel for tikanga Maori expertise.

CARRIED

 

9

Appointment of independent commissioners for the resource consent hearing associated with the Northern Interceptor and Greenhithe Bridge Watermain Duplication and Causeway applications

 

Cr WD Walker returned to the meeting at 3.16 pm.

 

Resolution number HEA/2015/111

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

That the Hearings Committee:

a)      appoint Leigh McGregor (Chair), Jan Heijs, and Mark Farnsworth to hear submissions and make recommendations on the Resource Consent applications.

b)      delegate to the Chair appointed in (a) above the authority to make decisions on the Resource Consent applications, should no submissions be received or a hearing otherwise not be required.

c)      delegate to the Chair of the Hearings Committee the authority to make replacement appointments should any of the commissioners appointed in (a) above be unavailable.

CARRIED

 

 

10

Appointment of Commissioners: Application for resource consent – proposed multi-level retirement complex at 2 and 6 Valley Road, Browns Bay

 

Resolution number HEA/2015/112

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

That the Hearings Committee:

a)      appoint David Hill (Chair), Richard Knott, and local board member Margaret Miles to hear submissions and determine the application for resource consent by Oceania Healthcare Limited, to construct and operate a four to five storey retirement village at 2 & 6 Valley Road, Browns Bay, under section 104 of the Resource Management Act 1991.

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

CARRIED

 

11

Appointment of Independent Commissioners: Application for resource consents by Auckland Transport for a new Half Moon Bay Ferry Terminal

 

Resolution number HEA/2015/113

MOVED by Cr CM Penrose, seconded by Cr C Darby:  

That the Hearings Committee:

a)      appoint Cherie Lane (Chair), Gavin Lister, and Sheena Tepania to hear submissions and determine the application by Auckland Council for resource consents to develop a new Half Moon Bay Ferry Terminal, under section 104 of the Resource Management Act 1991.

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

CARRIED

 

 

12

District and Regional Plans Appeal Status Report at 31 August 2015

 

Resolution number HEA/2015/114

MOVED by Cr C Darby, seconded by Member L Ngamane:  

That the Hearings Committee:

a)      receive the District and Regional Plans Appeal Status Report.

CARRIED

 

 

13

Noting the delegated decision of 12 August 2015: Massey North Special Areas

 

Resolution number HEA/2015/115

MOVED by Cr C Darby, seconded by Cr AJ Anae:  

That the Hearings Committee:

a)      note the decision to reappoint Alan Watson and appoint Leigh McGregor, Ian Munro, Les Simmons and Rebecca Skidmore for current and future resource consent applications in all precincts within the Massey North Special Areas.

CARRIED

  

 

14        Consideration of Extraordinary Items

There was no consideration of extraordinary items.  

 

 

 

15        Procedural motion to exclude the public

Resolution number HEA/2015/116

MOVED by Deputy Chairperson MP Webster, seconded by Cr AJ Anae:  

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       Approval of supplementary independent commissioners

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 and personal information of candidates submitted to council on a confidential basis for recruitment purposes.

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       Appeal to New Zealand Transport Agency's Notices of Requirement to alter two designations for the Southern Corridor Improvements 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 information relating to an Environment Court appeal and the disclosure of information may prejudice the council's position in regard 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.

 

 

C3       New Resource Consent Appeal - 299A Don Buck Road, Massey

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       New Resource Consent Appeal - 61 Margan Avenue, New Lynn

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       Resource Consent Appeals: Status Report 15 September 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, the report contains information that could compromise the council in undertaking without prejudice negotiations of these 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.

 

 

C6       Appeal by Messrs Soroka and Baigent relation to Variation 13 to Plan Change 14 of the Auckland District Plan (Franklin Section)

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 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..

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.

 

 

 

C7       Deliberations of an objection to the construction of a proposed stormwater connection through 63A Arawa Street, New Lynn to service 3216 Great North Road, New Lynn

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)(f)(ii) - The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

In particular, the protection of such members, officers, employees, and persons from improper pressure or harassment while deliberating whether or not to uphold the objection to the construction of a proposed stormwater connection through 63A Arawa Street, New Lynn.

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

 

 

3.25pm            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.

 

3.43pm            The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Approval of supplementary independent commissioners

 

That the Hearings Committee:

b)      agree that the report regarding ‘Approval of supplementary independent commissioners’ remain confidential, and the decision will be made publically available once all candidates have been notified.

 

 

C2

Appeal to New Zealand Transport Agency's Notices of Requirement to alter two designations for the Southern Corridor Improvements project

 

That the Hearings Committee:

b)      agree that the decisions and report regarding ‘Appeal to New Zealand Transport Agency's Notices of Requirement to alter two designations for the Southern Corridor Improvements project’ not be restated in the open section of the minutes.

 

 

 

C3

New Resource Consent Appeal - 299A Don Buck Road, Massey

 

That the Hearings Committee:

b)      agree that the decisions and report regarding ‘New Resource Consent Appeal - 299A Don Buck Road, Massey’ not be restated in the open section of the minutes.

 

 

C4

New Resource Consent Appeal - 61 Margan Avenue, New Lynn

 

That the Hearings Committee:

b)      agree that the decisions and report regarding ‘New Resource Consent Appeal - 61 Margan Avenue, New Lynn’ not be restated in the open section of the minutes.

 

 

C5

Resource Consent Appeals: Status Report 15 September 2015

 

That the Hearings Committee:

b)         agree that the report and attachments remain confidential, but agree that the list and description of current appeals as of 3 September 2015, apart from council’s status position on the appeals, be re-stated in the open section of the minutes.

 

Attachments

a     15 September 2015, Hearings Committee, C5 - Resource Consents Appeals: Status Report 15 September 2015

 

 

C6

Appeal by Messrs Soroka and Baigent relation to Variation 13 to Plan Change 14 of the Auckland District Plan (Franklin Section)

 

That the Hearings Committee:

b)      agree that the decisions and report regarding ‘Appeal by Messrs Soroka and Baigent relation to Variation 13 to Plan Change 14 of the Auckland District Plan (Franklin Section)’ not be restated in the open section of the minutes.

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C7

Deliberations of an objection to the construction of a proposed stormwater connection through 63A Arawa Street, New Lynn to service 3216 Great North Road, New Lynn

 

Resolution number HEA/2015/123

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

That the Hearings Committee:

a)        endorse the proposed stormwater connection to 3216 Great North Road, and its construction through the neighbouring land at 63A Arawa Street, New Lynn, including access to 63A Arawa Street to enable all necessary drainage works generally as set out in the officer’s report, and as referenced on plans titled ‘Servicing Plan – 3216 Great North Road’ Rev A dated 13/06/2015 by Envivo Ltd, and ‘Pipe Longsections – 3216 Great North Road’ Rev B dated 05/06/2015 by Envivo Ltd, for the following reasons:

i)        the only practical route of any stormwater drain to serve 3216 Great North Road is through 63A Arawa Street, New Lynn

ii)         other drainage routes have been considered and are not practical

iii)        the owners of 63A Arawa Street, New Lynn, have been heard before a committee of council, and their concerns have been considered.

b)        agree that the decision under clause a) be restated in the open section of the minutes.

 

 

 

 

3.44 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:........................................................