I hereby give notice that an extraordinary meeting of the Albert-Eden Local Board will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 20 October 2015

12.00pm

Board Room

Albert Eden Local Board Office
135 Dominion Road
Mt Eden

 

Albert-Eden Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Peter Haynes

 

Deputy Chairperson

Glenda Fryer

 

Members

Helga Arlington

 

 

Lee Corrick

 

 

Graeme Easte

 

 

Rachel Langton

 

 

Margi Watson

 

 

Tim Woolfield

 

 

(Quorum 4 members)

 

 

 

Michael Mendoza

Democracy Advisor

 

15 October 2015

 

Contact Telephone: (021) 809 149

Email: Michael.Mendoza@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 

 


Albert-Eden Local Board

20 October 2015

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Leave of Absence                                                                                                          5

5          Acknowledgements                                                                                                       5

6          Petitions                                                                                                                          5

7          Deputations                                                                                                                    5

8          Public Forum                                                                                                                  5

9          Extraordinary Business                                                                                                5

10        Notices of Motion                                                                                                          6

11        Hearing panel decisions on local dog access rules in the Albert-Eden Local Board area 2015                                                                                                                                 7  

12        Consideration of Extraordinary Items 

 

 


1          Welcome

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4          Leave of Absence

 

At the close of the agenda no requests for leave of absence had been received.

 

5          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

6          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

7          Deputations

 

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Albert-Eden Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

At the close of the agenda no requests for deputations had been received.

 

8          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

At the close of the agenda no requests for public forum had been received.

 

9          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

10        Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Albert-Eden Local Board

20 October 2015

 

 

Hearing panel decisions on local dog access rules in the Albert-Eden Local Board area 2015

 

File No.: CP2015/21795

 

  

 

 

Purpose

1.       To rescind the decision of the Albert-Eden Local Board Dog Access Review Panel made at its meeting on Wednesday 9 September 2015.

Executive Summary

2.       The Albert-Eden Local Board Dog Access Review Panel was appointed to make decisions on submissions on proposed changes to local dog access rules.

3.       The hearing panel considered 249 submissions, heard from 8 submitters on 7 September 2015, and held deliberations and made decisions on 9 September 2015.

4.       Following the decision, discussions with members of the public lead to the discovery that one submitter was not invited to attend the hearings.

5.       Further investigation found that an administrative error had resulted in 93 submissions being omitted from material provided to the hearing panel for their consideration, and that 11 of those submitters stated they wished to be heard.

6.       The local board has a statutory obligation to consider all submissions before making a decision. For the hearing panel to reconvene to consider the 93 submissions and give an opportunity for the 11 submitters to be heard, the original decision of the hearing panel will need to be rescinded.

 

Recommendation/s

That the Albert-Eden Local Board:

a)      rescind resolution number AE/2015/107 of the Albert-Eden Local Board Dog Access Review Panel.

 

 

Comments

7.       The Albert-Eden Local Board at its business meeting on 6 May 2015 adopted for public consultation a proposal on changes to local dog access rules on the beach and foreshore areas and selected parks (resolution number AE/2015/59).

8.       The Albert-Eden Local Board appointed a hearing panel of the whole board to receive, hear, deliberate and resolve on submissions and other relevant information (resolution number AE/2015/91).

9.       The hearing panel considered 249 submissions, heard from 8 submitters on 7 September 2015, and held deliberations on 9 September 2015.

10.     Following the decision, discussions with members of the public lead to the discovery that one submitter was not invited to attend the hearings.

11.     Further investigation found that an administrative error had resulted in 93 submissions being omitted from material provided to the hearing panel for their consideration, and that 11 of those submitters stated they wished to be heard in their submissions.

12.     For the hearing panel to reconvene to consider the 93 submissions and give an opportunity for the 11 submitters to be heard, the original decision of the hearing panel will need to be rescinded.

Consideration

Local Board views and implications

13.     The decision to rescind and reconvene the hearing panel will ensure the local board meets its statutory obligations under the Local Government Act 2002 to consider community views.

Māori impact statement

14.     None.

Implementation

15.     If the decision to rescind the hearing panel decision is made, the hearing panel will reconvene to consider the 93 submissions, hear from the 11 submitters who wish to be heard, and deliberate and make new decisions based on all the information received. This includes information received on 7 September and 9 September. The new decisions may or may not be similar to the decisions made on 9 September.

 

Attachments

There are no attachments for this report.     

Signatories

Author

Justin Walters - Policy Analyst

Authorisers

Paul Wilson - Team Leader Polices and Bylaws

Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards