Agenda of Hearings Committee - 15 December 2015

I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Tuesday, 15 December 2015

2.00pm

Level 26
135 Albert Street
Auckland

Hearings Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Penny Webster
Members	Cr Anae Arthur Anae
	Cr Chris Darby
	Cr Calum Penrose
	Mr David Taipari
	Cr Wayne Walker
	Mr Glenn Wilcox
Ex-officio	Mayor Len Brown, JP
	Deputy Mayor Penny Hulse

(Quorum 3 members)

Louis Dalzell

Democracy Advisor

8 December 2015

Contact Telephone: (09) 890 8135

Email: louis.dalzell@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

The Hearings Committee will have responsibility for:

· Decision making (including through a hearings process) under the Resource Management Act 1991 and related legislation;

· Hearing and determining objections under the Dog Control Act 1996;

· Decision making under the Sale and Supply of Alcohol Act 2012

· Hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002. This delegation cannot be sub-delegated;

· Hearing and determining matters arising under bylaws, including applications for dispensation from compliance with the requirements of bylaws;

· Receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Hearings Committee;

· Receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing;

· Monitoring the performance of decision makers including responding to complaints made about decision makers;

· Where decisions are appealed or where the Hearings Committee decides that the Council itself should appeal a decision, directing the conduct of any such appeals; and

· Adopting a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision making” is used to encompass a range of decision making processes including through a hearing. “Decision making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision making.

In adopting a policy or policies and making any sub-delegations, the Hearings Committee must ensure that it retains oversight of decision making under the Resource Management Act 1991 and that it provides for Councillors to be involved in decision making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the Chief Executive’s Delegations Register) to hearings commissioners and staff relating to decision making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Hearings Committee.

Relevant legislation includes but is not limited to:

Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;

Fencing of Swimming Pools Act 1987;

Gambling Act 2003;

Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

Hearings Committee

15 December 2015

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Local Board Input 7

5 Extraordinary Business 7

6 Notices of Motion 8

7 Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 9 and 26 November 2015 9

8 Noting the urgent decision of 9 November 2015 to appoint a hearing commissioner 19

9 Consideration of Extraordinary Items

PUBLIC EXCLUDED

10 Procedural Motion to Exclude the Public 25

C1 Appeals against the Provisional Local Alcohol Policy 25

C2 New Resource Consent Appeal: Ahuareka Trustees (No. 2) Limited v Auckland Council 26

C3 Resource Consent Appeals: Status Report 15 December 2015 26

1 Apologies

Apologies have been received from Mayor Len Brown, Deputy Mayor Penny Hulse and Cr Wayne Walker.

2 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.

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

3 Confirmation of Minutes

That the Hearings Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 November 2015, including the confidential section, as a true and correct record.

4 Local Board Input

Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

5 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.”

6 Notices of Motion

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

Hearings Committee

15 December 2015

Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 9 and 26 November 2015

File No.: CP2015/24433

Purpose

1. To advise the Hearings Committee of the decisions made under delegated authority to appoint local elected members to two Accord Territorial Authority (ATA) Panels to consider Special Housing Area (SHA) plan variations.

Executive Summary

2. The authority to appoint local elected members to an ATA Panel was delegated from the Hearings Committee (HEA/2015/3) to the Chairperson of the Hearings Committee, Councillor C Penrose, and one Independent Māori Statutory Board member of the Hearings Committee.

3. Brenda Brady, Henderson-Massey Local Board member, was appointed to the ATA Panel to consider the Oraha Rd SHA proposed plan variation and concurrent qualifying development consent applications.

4. Murray Kay, Franklin Local Board member, was appointed to the ATA Panel to consider the Oruarangi Road, Māngere SHA proposed plan variation and concurrent qualifying development consent application.

5. The decisions were made by Chairperson Linda Cooper, Councillor Calum Penrose and Member Glenn Wilcox on 9 November 2015 and 26 November 2015.

Recommendations

That the Hearings Committee:

a) note the decision to appoint local elected member Brenda Brady to the Accord Territorial Authority Panel to consider the Oraha Rd Special Housing Area plan variation.

b) note the decision to appoint local elected member Murray Kay to the Accord Territorial Authority Panel to consider the Oruarangi Road, Māngere Rd Special Housing Area plan variation.

Attachments

No.	Title	Page
a View	Oraha Rd, Kumeu Special Housing Area – Appointment of Local Elected Member to Accord Territorial Authority hearings panel	11
b View	Oruarangi Road, Māngere, Special Housing Area – Appointment of Local Elected Member to Accord Territorial Authority hearings panel	15

Signatories

Authors	Louis Dalzell - Democracy Advisor
Authorisers	Ian Smallburn - General Manager Resource Consents

Hearings Committee

15 December 2015

Noting the urgent decision of 9 November 2015 to appoint a hearing commissioner

File No.: CP2015/24437

Purpose

1. To advise the Hearings Committee of a decision made under urgency to appoint an independent commissioner.

Executive Summary

2. David Hill was appointed to make decisions on an application for resource consent to establish a helicopter pad for regular use at an existing vineyard site at 80 Onetangi Road, Waiheke.

3. The decision was made under urgency under Section 2 and 5.1.1 of the Hearings Committee policy and terms of reference.

4. The appointment was required prior to the next meeting of the Hearings Committee on 17 November 2015 to meet statutory timeframes.

5. The decision was made by Chairperson Linda Cooper, Deputy Chairperson Penny Webster and Member Glenn Wilcox on 9 November 2015.

Recommendation

That the Hearings Committee:

a) note the decision to appoint David Hill to make decisions on an application for resource consent to establish a helicopter pad for regular use at an existing vineyard site at 80 Onetangi Road, Waiheke.

Attachments

No.	Title	Page
a View	Appointment of Commissioners: Application for Resource Consent - Proposed Helipad for Use at 80 Onetangi Road, Waiheke Island	21

Signatories

Authors	Louis Dalzell - Democracy Advisor
Authorisers	Ian Smallburn - General Manager Resource Consents

Hearings Committee

15 December 2015

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

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 Appeals against the Provisional Local Alcohol Policy

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