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Resolution
number HEA/2015/152
MOVED by Chairperson LA Cooper, seconded by Deputy
Chairperson MP Webster:
That the
Hearings Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Padraig McNamara, Partner, Simpson Grierson, be permitted to remain for
Confidential Item C1, Appeals against the Provisional Local Alcohol Policy,
after the public has been excluded, because of their knowledge of legal proceedings relating to the Provisional Auckland Council
Local Alcohol Policy, which will help the Hearings Committee 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 Appeals
against the Provisional Local Alcohol Policy
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Reason for passing
this resolution in relation to each matter
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Particular interest(s)
protected (where applicable)
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Ground(s) under
section 48(1) for the passing of this resolution
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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.
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s7(2)(g) - The
withholding of the information is necessary to maintain legal professional
privilege.
In particular, the
report contains information that has been prepared for the purposes of
litigation, and policy positions that would disadvantage the council if
they were to be made public prior to the conclusion of legal proceedings..
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 has been prepared for the purposes of
litigation, and policy positions that would disadvantage the council if
they were to be made public prior to the conclusion of legal proceedings.
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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.
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C2 New
Resource Consent Appeal: Ahuareka Trustees (No. 2) Limited v Auckland Council
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Reason for passing
this resolution in relation to each matter
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Particular interest(s)
protected (where applicable)
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Ground(s) under
section 48(1) for the passing of this resolution
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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.
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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.
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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.
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C3 Resource
Consent Appeals: Status Report 15 December 2015
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Reason for passing
this resolution in relation to each matter
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Particular interest(s)
protected (where applicable)
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Ground(s) under
section 48(1) for the passing of this resolution
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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.
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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.
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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.
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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
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