Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held in the Room 1, Level 26, 135 Albert St, Auckland on Thursday, 18 May 2017 at 9.40am.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Members

Cr Fa’anana Efeso Collins

 

 

Cr Richard Hills

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Member Glenn Wilcox

(From 9.54am, Item 9)

 

ABSENT

 

 

Deputy Mayor Bill Cashmore (Ex-officio)

 

 

Mayor Hon Phil Goff (Ex-officio)

 

 

Cr Dick Quax

 

 

IMSB Chair David Taipari

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

 


Regulatory Committee

18 May 2017

 

 

 

1          Apologies

 

Resolution number REG/2017/35

MOVED by Cr E Collins, seconded by Cr R Hills:  

That the Regulatory Committee:

a)         accept the apologies from Deputy Mayor B Cashmore on council business, Mayor P Goff, Cr D Quax, IMSB Member D Taipari, Deputy Chairperson W Walker, Cr J Watson for absence and IMSB Member G Wilcox for lateness.

 

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number REG/2017/36

MOVED by Chairperson L Cooper, seconded by Cr E Collins:  

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 12 April 2017, including the confidential section, as a true and correct record.

 

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

6          Local Board Input

 

There was no local board input.

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8          Notices of Motion

 

There were no notices of motion.

 

 

 

9

Determination by the Regulatory Committee of an Objection to Proposed Stormwater Connection at 296A Hillsborough Rd, to service 298 Hillsborough Road, Mount Roskill

 

IMSB Member G Wilcox entered the meeting at 9.54 am.

 

Note:   Changes to the original motion were incorporated with the agreement of the meeting.

 

Resolution number REG/2017/37

MOVED by Chairperson L Cooper, seconded by Cr R Hills:  

That the Regulatory Committee:

a)      hear the application lodged by the owner of 2/298 Hillsborough Rd, for the construction of a private drain through the neighbouring property at 296A Hillsborough Road, Mt Roskill, pursuant to section 460 and Schedule 12 of the Local Government Act 1974.

CARRIED

 

 

 

10

Appointment of Independent Commissioners: Draft Variation to the Regional Parks Management Plan to incorporate land at Piha into the Waitakere Ranges Regional Park

 

Note:   Changes to the original motion were incorporated into clause a) with the agreement of the meeting.

 

Resolution number REG/2017/38

MOVED by IMSB Member G Wilcox, seconded by Cr R Hills:  

That the Regulatory Committee:

a)      appoint three independent commissioners, Greg Hill as chairperson, Gerry Rowan and William Kapea, to hear submissions and make recommendations to the Environment and Community Committee on the draft variation to the Regional Parks Management Plan to incorporate land at Piha into the Waitakere Ranges Regional Park.

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

CARRIED

 

 

 

11

Trading and Events in Public Places Shared Spaces Guidelines 2017

 

Resolution number REG/2017/39

MOVED by Cr R Hills, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      approve the Trading and Events in Public Places Shared Spaces Guidelines 2017.

CARRIED

 

 

 

 

12

Resource Consent Appeals: Status Report 18 May 2017

 

Resolution number REG/2017/40

MOVED by Chairperson L Cooper, seconded by Cr S Stewart:  

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 18 May 2017.

 

CARRIED

 

 

 

13

Information Report - 18 May 2017

 

Resolution number REG/2017/41

MOVED by Cr R Hills, seconded by Cr S Stewart:  

That the Regulatory Committee:

a)      receive the information report.

 

CARRIED

  

 

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

 

 

15        Procedural motion to exclude the public

Resolution number REG/2017/42

MOVED by Chairperson L Cooper, seconded by Cr S Stewart:  

That the Regulatory 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       Noting the urgent decision of 5 April 2017: IFS Trust v Auckland Council - 223 Falls Road, Warkworth, New Resoruce Consent Appeal

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)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

In particular, the report containsinformation relating to an Environment Court of appeal and the disclosure of information may prejudice the council's position in regards to negotiations and th epotential 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.

 

 

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

 

 

 

10.21am          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.

 

10.38am          The public was re-admitted.

 

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Noting the urgent decision of 5 April 2017: IFS Trust v Auckland Council - 223 Falls Road, Warkworth, New Resoruce Consent Appeal

 

Resolution number REG/2017/43

MOVED by Chairperson L Cooper, seconded by IMSB Member G Wilcox:  

That the Regulatory Committee:

b)      agree  that the decision, report and attachments regarding ‘Noting the urgent decision of 5 April 2017: IFS v Auckland Council – 223 Falls Road, Warkworth, new resource consent appeal (ENV-2017-AKL-000019) not be re-stated in the open section of the minutes.

 

  

 

 

 

 

 

C2

Deliberations on an Objection to Proposed Stormwater Connection at 296A Hillsborough Rd, to service 298 Hillsborough Road, Mount Roskill

 

Resolution number REG/2017/44

MOVED by Chairperson L Cooper, seconded by Cr R Hills:  

That the Regulatory Committee:

a)      determine the application lodged by the owner of 2/298 Hillsborough Rd, for the construction of a private drain through the neighbouring property at 296A Hillsborough Road, Mt Roskill, pursuant to section 460 and Schedule 12 of the Local Government Act 1974.

b)      endorse the proposed connection and its associated route through the neighbouring land at 296A Hillsborough Rd, Mount Roskill, for the drainage works generally as set out in the officer’s report, pursuant to section 460 of the Local Government Act 1974 and as referenced on plan titled Engineering Plan by CKL Consultants Projects no. T3417 and dated 18 August 2016, for the following reason:

i)           that the only practical route of any new private drain is through 296A   Hillsborough Rd, Mount Roskill and noting that all practical attempts have been taken to contact the landowner

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

 

 

 

 

 

10.36 am                                            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 Regulatory Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................