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Hearings
Committee
15 March 2016
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1 Apologies
2 Declaration of Interest
Deputy Chairperson MP Webster entered the meeting at 2.01 pm
Chairperson
LA Cooper declared an interest in Item 7, District Licensing Committee 2016 recruitment process.
Deputy Chairperson MP Webster declared an
interest in Item 9, Appointment of
independent commissioners: Application for resource consent to subdivide a
3.1906ha site into 4 sites and waiver the requirement for an Esplanade Reserve
at 1346 Laurie Southwick Parade, Hobbs Bay.
Note: Cr WD Walker subsequently declared an
interest in Item 9, Appointment of independent commissioners:
Application for resource consent to subdivide a 3.1906ha site into 4 sites and
waiver the requirement for an Esplanade Reserve at 1346 Laurie Southwick
Parade, Hobbs Bay at the item.
3 Confirmation of Minutes
4 Local Board Input
Lemauga Lydia Sosene, Chair of Māngere-Ōtāhuhu Local
Board, and Nick Bakulich, Māngere-Ōtāhuhu Local Board member spoke
at Item 7, District Licensing Committee 2016
recruitment process.
5 Extraordinary Business
There was no extraordinary business.
6 Notices of Motion
There were no notices of motion.
Note: Items 8, 9 and 10 were taken prior to Item 7, District Licensing Committee 2016 recruitment process.
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8
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Appointment of Independent Commissioners - Notice of Requirement
for a Designation for a Primary School and Early Childhood Education Centre
at 47 & 49 Gilbransen Road, Huapai
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Resolution number HEA/2016/12
MOVED
by Deputy Chairperson MP Webster, seconded by Member G Wilcox:
That the Hearings
Committee:
a) appoint Janine Bell (Chair),
Dave Serjeant and Juliane Chetham to hear submissions, and to make a
recommendation on the Notice of Requirement for a designation for a Primary
School and Early Childhood Education Centre at 47 and 49 Gilbranson Road,
Huapai under section 171 of the Resource Management Act 1991.
b) delegate authority to the
Chairperson of the Hearings Committee to make a replacement appointment
should any of the independent commissioners in (a) above be unavailable.
CARRIED
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9
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Appointment of independent commissioners: Application for resource
consent to subdivide a 3.1906ha site into 4 sites and waiver the requirement
for an Esplanade Reserve at 1346 Laurie Southwick Parade, Hobbs Bay
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Note: Deputy
Chairperson MP Webster declared an interest in this item and took no part in
the discussion or voting on the matter.
Deputy
Chairperson MP Webster left the meeting at 2.10 pm.
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Cr WD
Walker entered the meeting at 2.14 pm.
Note: Cr WD Walker
declared an interest in this item and took no part in the discussion or
voting on the matter.
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Resolution number HEA/2016/13
MOVED
by Member DE Taipari, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) appoint Kitt
Littlejohn (Chair), Mark Farnsworth, and Rebecca Skidmore to hear
submissions and determine the application for a four lot subdivision by
Panuku Development Auckland, located at 1346 Laurie Southwick Parade, Hobbs
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 in (a) above be unavailable.
CARRIED
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7
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District Licensing Committee 2016 recruitment process
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Deputy
Chairperson MP Webster returned to the meeting at 2.28 pm.
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Note: Chairperson
LA Cooper declared an interest in this item and took no part in the
discussion or voting on the matter. The Chairperson vacated the chair in
favour of Deputy Chairperson MP Webster at 2.28 pm.
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Chairperson
LA Cooper retired from the meeting at 2.28 pm.
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Lemauga Lydia
Sosene, Chair of Māngere-Ōtāhuhu Local Board and Nick
Bakulich, Māngere-Ōtāhuhu Local Board member, were in
attendance to speak to this item and give a PowerPoint presentation. A copy
has been placed on the official minutes and is available on the Auckland
Council website as a minutes attachment.
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Resolution number HEA/2016/15
MOVED by Member DE Taipari, seconded by Deputy Chairperson MP
Webster:
That the
Hearings Committee:
a)
thank Lydia Sosene, Chair of
Māngere-Ōtāhuhu Local Board and Nick Bakulich,
Māngere-Ōtāhuhu Local Board member, for their attendance and
presentation.
CARRIED
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Cr WD Walker left the meeting at
2.59 pm.
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MOVED
by Member DE Taipari, seconded by Acting Chairperson MP Webster:
That the Hearings Committee:
a) approve the process for recruiting
five chairpersons and ten members to Auckland Council’s District Licensing
Committee in 2016.
b) appoint a selection panel
consisting of senior managers from Democracy Services, Licensing and
Compliance Services, and Legal Services, and one or two Independent Māori
Statutory Board member(s) to decide selection criteria, shortlist and
interview candidates and present their recommendation to the committee for
approval to appoint.
c) provide guidance concerning
specific criteria to be included.
d) nominate one or two Hearings
Committee councillors to provide input into selection criteria for District
Licensing Committee candidates.
e) agree that the next District
Licensing Committee contract term be until 30 June 2020 to align with
Auckland Council’s financial year and enable elected members to appoint the
committee early in the electoral term.
The motion was put to the vote by a
show of hands and was declared EQUAL.
The Acting Chairperson exercised her
casting vote against, so the motion was Lost.
LOST
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Resolution number HEA/2016/16
MOVED
by Acting Chairperson MP Webster, seconded by Cr C Darby:
That the Hearings
Committee:
a)
request a report be brought to an upcoming Regional Strategy
and Policy Committee meeting outlining different options to appoint the new
District Licensing Committee, including the option of extending the term of
current commissioners.
CARRIED
Note: In
accordance with Standing Order 1.8.6, Member DE Taipari requested his
dissenting vote be recorded.
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Attachments
a 15 March 2016, Hearings
Committee, Item 7 - Mangere-Otahuhu Local Board presentation
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11 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
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12 Procedural
motion to exclude the public
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Resolution number HEA/2016/17
MOVED by Acting
Chairperson MP Webster, seconded by Cr C Darby:
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 New Resource
Consent Appeal: Munoz v Auckland Council - proposed construction of two
further residential units, Mount Albert
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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 relating to an
Environment Court appeal and the disclosure of information may prejudice
the council's position in regards to negotiations and the potential
settlement of the appeal.
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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 Resource
Consent Appeals: Status Report 15 March 2016
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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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3.28 pm 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.
3.35 pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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New Resource Consent Appeal: Munoz v Auckland Council - proposed
construction of two further residential units at 129 Taylors Road, Mount
Albert
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Resolution number HEA/2016/18
MOVED
by Cr C Darby, seconded by Cr CM Penrose:
That the Hearings Committee:
b) agree
that the decisions and report regarding ‘New Resource Consent Appeal:
Munoz v Auckland Council - proposed construction of two new residential units
at 129 Taylors Road, Mount Albert’ not be restated in the open section
of the minutes.
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C2
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Resource Consent Appeals: Status Report 15 March 2016
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Resolution
number HEA/2016/19
MOVED Cr CM Penrose, seconded
by Cr C Darby:
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 March 2016, apart from council’s status position
on the appeals, be re-stated in the open section of the minutes.
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Attachments
a 15 March 2016, Hearings
Committee, Item C2, Resource Consent Appeals Status Report 15 March 2016
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3.35 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:........................................................
