I hereby give notice that an ordinary meeting of the Waitākere Ranges Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 12 April 2018 6.00pm Waitākere
Ranges Local Board Office |
Waitākere Ranges Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Greg Presland |
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Deputy Chairperson |
Saffron Toms |
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Members |
Sandra Coney, QSO |
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Neil Henderson |
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Steve Tollestrup |
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(Quorum 3 members)
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Glenn Boyd (Relationship Manager) Local Board Services (West)
Riya Seth Democracy Advisor
6 April 2018
Contact Telephone: (09) 826 5193 Email: riya.seth@auckl andcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Waitākere Ranges Local Board 12 April 2018 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 6
5 Leave of Absence 6
6 Acknowledgements 6
7 Update from Ward Councillors’ 6
8 Deputations 6
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 7
12 Variation to Waitākere Ranges Local Board Arts, Community and Events work programme 2017/2018 9
13 Revoke resolution WTK/2013/90 then grant a new community lease to The Waitakere Residents and Ratepayers Association Incorporated and declare Waitākere War Memorial Park at 13 Bethells Road, Waitākere an historic reserve 11
14 Delegation for formal local board views on notified resource consents, plan changes and notices of requirement 23
15 For informatin: Henderson-Massey Local Board report - Corporate Accommodation Disposal Recommendation – 6 Henderson Valley Road, Henderson 27
16 Consideration of Extraordinary Items
At the close of the agenda no apologies had been received.
Members were 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.
Specifically members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.
The following are declared interests of the Waitakere Ranges Local Board.
Board Member |
Organisation / Position |
Sandra Coney |
· Waitemata District Health Board – Elected Member · Women’s Health Action Trust – Patron · New Zealand Society of Genealogists – Member · New Zealand Military Defence Society – Member · Cartwright Collective – Member · Titirangi RSA – Member · Portage Trust – Member · West Auckland Trust Services - Director |
Neil Henderson |
· Portage Trust – Elected Member · West Auckland Trust Services (WATS) Board – Trustee/Director · Whau River Catchment Trust - Employee |
Greg Presland |
· Lopdell House Development Trust – Trustee · Titirangi Residents & Ratepayers Group – Committee Member · Whau Coastal Walkway Environmental Trust – Trustee · Combined Youth Services Trust – Trustee · Glen Eden Bid - Member |
Steve Tollestrup |
· Waitakere Licensing Trust – Elected Member · Waitakere Task force on Family Violence – Appointee |
Saffron Toms |
NIL |
Member appointments
Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council.
Board Member |
Organisation / Position |
Sandra Coney |
· Friends of Arataki Incorporated – Trustee |
Neil Henderson |
· Friends of Arataki Incorporated – Trustee · Rural Advisory Panel - Member |
Steve Tollestrup |
· Glen Eden Business Improvement District |
Greg Presland |
· Glen Eden Business Improvement District (alternate) |
Saffron Toms |
· Ark in the Park |
That the Waitākere Ranges Local Board: a) confirm the ordinary minutes of its meeting, held on Thursday, 22 March 2018, as a true and correct record. |
At the close of the agenda no requests for leave of absence had been received.
At the close of the agenda no requests for acknowledgements had been received.
7 Update from Ward Councillors’
An opportunity is provided for the Waitakere Ward Councillors to update the board on regional issues they have been involved with since the last meeting.
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 Waitākere Ranges 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.
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.
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.”
There were no notices of motion.
Waitākere Ranges Local Board 12 April 2018 |
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Variation to Waitākere Ranges Local Board Arts, Community and Events work programme 2017/2018
File No.: CP2018/03859
Te take mō te pūrongo / Purpose of the report
1. To approve a variation to Waitākere Ranges Local Board Arts, Community and Events work programme 2017/2018
Whakarāpopototanga matua / Executive summary
2. This report provides information to support the local board to make a decision required to approve a variation to the Arts, Community and Events 2017/2018 work programme.
3. On 22 June 2017 Waitākere Ranges Local Board approved the Arts, Community and Events work programme 2017/2018, Resolution number WTK/2017/74.
4. As part of 2017/2018 events funding, Waitākere Ranges Local approved an allocation of $3000.00 towards the Titirangi Glow Festival, organised by Bright Lights Little Village on 2 December 2017.
5. Due to a funding shortfall the group had approached Waitākere Ranges Local Board to consider an additional $3000.00 towards the event.
6. The additional funding can be allocated from the local board’s community response budget.
Ngā tūtohunga / Recommendation/s That the Waitākere Ranges Local Board a) approve an additional $3000.00 towards Titirangi Glow Festival 2017 from the community response budget.
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Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Author |
Adam Abdeldayem - Environmental and Community Grants Advisor |
Authorisers |
Marion Davies - Community Grants Operations Manager Shane King - Operations Support Manager Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau |
Waitākere Ranges Local Board 12 April 2018 |
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Revoke resolution WTK/2013/90 then grant a new community lease to The Waitakere Residents and Ratepayers Association Incorporated and declare Waitākere War Memorial Park at 13 Bethells Road, Waitākere an historic reserve
File No.: CP2018/03589
Te take mō te pūrongo / Purpose of the report
1. To revoke the resolution WTK/2013/90 passed by the Waitākere Ranges Local Board on 22 May 2013 that granted a new lease to The Waitakere Residents and Ratepayers Association Incorporated and supported the classification of Waitākere War Memorial Park, 13 Bethells Road, Waitākere as a local purpose (community buildings) reserve under section 16 (2A) of the Reserves Act 1977.
2. To declare Waitākere War Memorial Park, 13 Bethells Road, Waitākere as an historic reserve under section 14(1) of the Reserves Act 1977.
3. To grant a new community lease to The Waitakere Residents and Ratepayers Association Incorporated for part of Waitākere War Memorial Park, 13 Bethells Road, Waitākere.
Whakarāpopototanga matua / Executive summary
4. The Waitakere Residents and Ratepayers Association Incorporated has for over 30 years occupied and managed the Auckland Council owned Catergory B heritage Waitākere Domain Hall located on Waitākere War Memorial Park, 13 Bethells Road, Waitākere. The association have never held a lease with council.
5. Auckland Council believed the park was an unclassified reserve held under the Reserves Act 1977. In May 2013 the Waitākere Ranges Local Board resolved to support the classification under section 16(2A) of the Act and grant a lease to the association. Council’s interpretation was later found to be incorrect as the park is held under the Local Government Act 2002.
6. Due to the council error in its interpretation, the resolution from May 2013 must be revoked. The local board has indicated that it wishes the park to be held under the Reserves Act 1977 and not the Local Government Act 2002. The recommendation of historic reserve will complement the Category B heritage status of the hall and allow the activities being undertaken in it to continue.
7. It is recommended a new lease be granted to the association as the previous resolution could not be actioned due to the land classification oversight.
8. It is noted the legal name of the group stipulates the spelling of the name Waitakere and this is what is used, while the legal name of the reserve, area and local board has the spelling as Waitākere with a macron. Each has been used in this report in its specific context.
9. To grant a new community lease to The Waitakere Residents and Ratepayers Association Incorporated for part of Waitākere War Memorial Park, 13 Bethells Road, Waitākere for a term of 10 years commencing 12 April 2018 with one 10-year right of renewal. The extended term of lease was granted by the local board in May 2013 to reflect the long standing relationship it has with the association.
Horopaki / Context
Waitākere War Memorial Park
10. Waitākere War Memorial Park is held in fee simple by Auckland Council and described as Part Allotment 27 Parish of Waipareira comprising 2.0133 hectares and contained in NA1087/126 (Attachment D). The Park was acquired by the Waitematā County Council as a recreation ground under the Public Works Act 1928.
11. In 2012 council’s view was that the park was held as an unclassified reserve. Under section 2 (1) of the Reserves Act 1977 (Interpretation) any land declared to be a recreation ground under the Public Works Act 1981 (this Act replaced the 1928 Act) was deemed to be a public reserve.
12. In 2014 Auckland Council accepted an independent legal opinion on its interpretation of section 2 (1) of the Reserves Act 1977. The opinion is that lands acquired by the council for recreation grounds under the Public Works Act 1981 are not automatically deemed to be held as unclassified reserves under the Reserves Act 1977. These lands are subject to the Local Government Act 2002.
13. Section 14 of the Reserves Act 1977 enables a local authority to declare land vested in it to be a reserve under that Act.
2013 Waitākere Ranges Local Board resolution
14. On 22 May 2013 the local board resolved to support the classification of the park as a local purpose (community buildings) reserve under section 16(2A) of the Reserves Act 1977 and grant a lease to The Waitakere Residents and Ratepayers Association Incorporated, resolution WTK/2013/90 (Attachment A).
15. With the council accepting the independent legal opinion that the land is held under the Local Government Act 2002 council must resolve to declare the land a reserve under section 14(1) of the Reserves Act 1977 and not classify the reserve under section 16(2A) of the Act.
16. The resolution from 2013 was not actioned and requires revocation.
The Waitakere Residents and Ratepayers Association Incorporated
17. For over 30 years the association has been occupying and managing the hireage of the council owned Category B heritage Waitākere Domain Hall located on the park for community use.
18. The association was registered as an incorporated society on 11 August 2003. Its objectives are to promote and manage activities in the hall. These activities include education, indoor recreation, wedding venue, dance hall and as a meeting place.
19. The park was used as a disposal site for baled refuse from 1981-1982. The association informs hall users/hirers of the alarm system located on the exterior of the building that detects waste gas emissions and to advise Auckland Council immediately if it activates.
20. The association owns and manages Township Road Hall, 37 Township Road Waitākere, located less than one kilometre away.
Tātaritanga me ngā tohutohu / Analysis and advice
21. With the council accepting the independent legal advice on the status of the park, the options are to retain the park under the Local Government Act 2002, or declare the park a reserve under the Reserves Act 1977. The local board has indicated that it wishes the park to be held under the Reserves Act 1977.
22. With the Waitākere Domain Hall having Category B heritage status it is recommended that the resolution passed on 23 May 2013 be revoked and to declare the park a reserve for historic purposes under section 14 (1) of the Reserves Act 1977. The classification as a historic reserve would not affect the activities taking place in the hall however the original recommendation of local purpose (community buildings) reserve would.
23. It is recommended to grant a new community lease to the association commencing from the date of this business meeting. Council staff has negotiated and agreed a community outcomes plan that aligns with the local board plan 2017 outcomes. Subject to local board approval of the community outcomes plan, council staff will append the plan as a schedule to the community lease.
24. The recommended term of lease for a council owned building is five years with one five-year right of renewal in accordance with the Auckland Council Community Occupancy Guidelines 2012. This term was extended to 10 years with one 10-year right of renewal by the local board in 2013 to reflect the long standing relationship it has with the association. This extended term of lease offered in 2013 has been carried through in the recommendations contained in this report.
25. Engagement with mana whenua on the proposed reserve declaration and community lease has been undertaken. Public notification of the intention to declare the land a historic reserve is exempt under Section 14 (2) of the Reserves Act as the land is zoned Open Space – Sport and Active Recreation in the district plan.
26. It is noted the legal name of the group stipulates the spelling of the name Waitakere and this is what is used, while the legal name of the reserve, area and local board has the spelling as Waitākere containing a macron. Each has been used in this report in its specific context.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views
27. Council staff sought input at a local board workshop on 2 November 2017 regarding the historic reserve status and proposed new community lease, no objections were raised.
28. The Waitākere Ranges Local Board is the allocated authority to declare the park a reserve and approve the granting of a new community lease.
29. A community outcomes plan aligned to the Waitākere Ranges Local Board Plan 2017 outcomes has been negotiated and agreed with the association.
Tauākī whakaaweawe Māori / Māori impact statement
30. Engagement was undertaken in December 2017 and January 2018 with the eight iwi groups identified as having an interest in land in the Waitākere Ranges Local Board area about the intention to declare the park a historic reserve and the granting of a new community lease.
31. Engagement involved:
· a presentation at the North West Mana Whenua Forum held at Orewa on 6 December 2017
· email contact containing detailed information on the park, the association and inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal
32. No objections were raised by the three iwi representatives who responded.
Ngā ritenga ā-pūtea / Financial implications
33. There are no financial implications associated with declaring the land a historic reserve or the grant of a new community lease.
Ngā raru tūpono / Risks
34. Declaring the park a historic reserve under the Reserves Act 1977 or retaining it under the Local Government Act 2002 will not affect the activities of the association.
35. The granting of a community lease to the association will formalise the long standing hall occupation and management arrangement.
Ngā koringa ā-muri / Next steps
36. Subject to the local board declaring the park a historic reserve and granting a new community lease, council staff will work with key representatives of The Waitakere Residents and Ratepayers Association Incorporated to finalise the deed of lease.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
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Waitakere Ranges Local Board Resolution 2013 |
15 |
b⇩
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Site Plan for declaring Waitakere War Memorial Park a reserve |
17 |
c⇩
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Site Plan for Waitakere Residents and Ratepayers Association |
19 |
d⇩
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COP - WRRA Inc |
21 |
Ngā kaihaina / Signatories
Author |
Donna Cooper - Community Lease Advisor, Community Facilities |
Authorisers |
Chantelle Subritzky - Manager, Stakeholder Advisory Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau |
12 April 2018 |
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Delegation for formal local board views on notified resource consents, plan changes and notices of requirement
File No.: CP2018/04479
Te take mō te pūrongo / Purpose of the report
1. To seek that the Waitākere Ranges Local Board delegates the responsibility of providing formal views on resource consents, notified plan changes and notices of requirement to a local board member.
Whakarāpopototanga matua / Executive summary
2. Local board feedback can be provided on notified resource consents, plan changes and designations. Written feedback needs to be provided prior to the submission closing date (usually 20 working days after public notification). This feedback is included in the planner’s report verbatim and local boards are also able to speak to their written feedback at the public hearing. Views should be received by the processing planner or reporting consultant by submission closing date to ensure the content can be considered in planning reports.
3. This report explores options to enable local boards to provide their views in a timely way. Local boards normally provide their formal views at business meetings. Because local board reporting timeframes don’t usually align with statutory timeframes, in most instances formal reporting at a business meeting will not allow local feedback to be provided by submission closing date.
4. Providing formal local board views by way of a delegation to a local board member is considered the most efficient way of providing formal local board views. This is because the delegate can provide views within the regulatory timeframes and because no additional reporting is required when new applications of interest are notified.
Horopaki / Context
Notified Resource Consents
5. Local boards are able to provide input into the determination of applications that may be notified. Local boards, via their appointed Resource Consents Leads, input into a wide range of resource consents that are received by the council and that trigger the matters of particular interest to local boards.
6. Local views and preferences are also able to be provided, once a decision of notification is made, and local boards can then submit further feedback to any notified resource consent application within their local board area. This feedback is then included in the planner’s report verbatim for the hearing and for the consideration of the commissioners who determine the outcome of the resource consent application.
7. Local boards are also able to speak to their written feedback at any notified resource consent hearing. Local boards are taking this opportunity up more often and it is considered important to ensure any feedback is authorised by the local board and a delegation is in place for the Resource Consent Lead to authorise them to speak on behalf of the local board at hearings.
Notified Plan Changes and Notices of Requirement
8. The Auckland Unitary Plan was made “Operative in Part” in November 2016. As plan changes and notices of requirement can now be received and processed by council, there are opportunities for local boards to provide their views and give feedback on notified applications.
9. For council-initiated plan changes and notices of requirement, staff will seek local board views prior to notification for proposals where there are issues of local significance. For private plan changes and notices of requirement submitted by non-council requiring authorities, local boards may not have any prior knowledge of the application until notification.
10. Local boards can provide written feedback on notified applications. Written feedback needs to be provided prior to the submission closing date (usually 20 working days after public notification). Local boards can subsequently present their feedback to support their views at any hearing.
11. It is important that options are explored to enable local boards to provide their views in a timely way and a delegation to ensure timely feedback is desirable. At present the local board views must be confirmed formally and statutory timeframes are short and do not always align with local board reporting timeframes.
12. Local boards may want to add the responsibility for plan changes and notices of requirement feedback to the resource consent lead role. This will broaden the responsibilities of the role to enable feedback on notified plan changes and notices of requirement to be provided. Alternatively, local boards may want to develop a separate planning lead role and each local board has the flexibility to make appointments that best suit their needs.
Tātaritanga me ngā tohutohu / Analysis and advice
Options considered
13. Options available for local boards to provide their views into the hearings process have been summarised in Table 1.
14. Local boards normally provide their formal views at business meetings (option 2). Because local board reporting timeframes do not usually align with statutory timeframes, in most instances formal reporting at a business meeting will not allow local feedback to be provided by submission closing date. Views must be received by the processing planner or reporting consultant by the submission closing date to ensure the content can be considered in planning reports.
15. Providing formal local board views by way of a delegation to one local board member (option 5) is considered the most efficient way of providing formal views. This is because no additional reporting is required when new applications of interest are notified.
Table 1: Options for local boards to provide their formal views on notified applications (resource consents, plan changes, notices of requirement)
Options |
Pros |
Cons |
1. No formal local board views are provided |
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· Local board views will not be considered by the hearings commissioners |
2. Formal local board views are provided at a business meeting |
· All local board members contribute to the local board view · Provides transparent decision making |
· Local board meeting schedules and agenda deadlines are unlikely to align with statutory deadlines imposed by the planning process |
3. Formal local board views are provided as urgent decisions |
· Local boards can provide their views in a timely way that meets statutory deadlines |
· Decisions are not made by the full local board · Urgent decisions may not be accompanied by full information and the discussion may be rushed · Not transparent decision-making because the decisions do not become public until after they have been made |
4. Formal local board views are provided by separate and specific delegation for each application which the local board wishes to provide their views |
· Delegations can be chosen to align with area of interest and/or local board member capacity |
· Local board meeting schedules and agenda deadlines required to make each separate delegation are unlikely to align with statutory deadlines imposed by the planning process · Decisions are not made by the full local board |
5. Formal local board views are provided by way of delegation to one local board member (preferred option) for all applications |
· Delegate will become subject matter expert for local board on topic they are delegated to · Local boards can provide their views in a timely way that meets statutory deadlines · Any feedback can be regularly reported back to the local board |
· Decisions are not made by the full local board |
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
16. This report seeks a delegation to a local board member for resource consents, plan changes and notices of requirement, to allow local boards to provide feedback in accordance with agreed timeframes on notified resource consents, plan changes and notices of requirement.
17. Any local board members who is delegated responsibilities should ensure that they represent the wider local board views and preferences on each matter before them.
Tauākī whakaaweawe Māori / Māori impact statement
18. A decision of this procedural nature is not considered to have a positive or negative impact for Māori.
19. The Resource Management Act 1991 requires that council consult with Mana Whenua of the area who may be affected, through iwi authorities, on draft plan changes prior to their notification. Council must also consider iwi authority advice in evaluations of plan changes.
20. For private plan changes, council seeks that the applicant undertakes suitable engagement with relevant iwi authorities, and where necessary will undertake consultation before deciding whether to accept, reject or adopt a private plan change.
21. For notices of requirement, council serves notice on Mana Whenua of the area who may be affected, through iwi authorities. Requiring authorities must also consult with the relevant iwi as part of the designating process.
Ngā ritenga ā-pūtea / Financial implications
22. A decision of this procedural nature is not considered to have financial implications on Auckland Council.
Ngā raru tūpono / Risks
23. If local boards choose not to delegate to provide views on notified applications, there is a risk that they will not be able to provide formal views prior to the submission closing date and may miss the opportunity to have their feedback presented and heard at a hearing.
Ngā koringa ā-muri / Next steps
24. Delegated member of the Waitākere Ranges Local Board will operate under the delegations of the Waitākere Ranges Local Board once they have been adopted.
Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Author |
Carol Stewart, Senior Policy Advisor, Local Board Services |
Authorisers |
Anna Bray - Policy and Planning Manager - Local Board Services Louise Mason - GM Local Board Services Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau |
Waitākere Ranges Local Board 12 April 2018 |
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For information: Henderson-Massey Local Board report - Corporate Accommodation Disposal Recommendation – 6 Henderson Valley Road, Henderson
File No.: CP2018/04939
Te take mō te pūrongo / Purpose of the report
1. The following report is for information of the Waitakere Ranges Local Board:
Report Title |
Local Board |
Meeting Date |
Item no. |
Corporate Accommodation Disposal Recommendation – 6 Henderson Valley Road, Henderson |
Henderson-Massey Local Board |
20 March 2017 |
15 |
2. A copy of the report is attached and can be located at the following link:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/03/HM_20180320_AGN_7273_AT_SUP_WEB.htm
3. The associated meeting minutes are attached to the report and can be located at the following link:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/03/HM_20180320_MIN_7273_WEB.htm
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Corporate Accommodation Disposal Recommendation – 6 Henderson Valley Road, Henderson - copy of report from the Henderson-Massey Local Board meeting of 20 March 2017 |
29 |
b⇩
|
Minutes for Corporate Accommodation Disposal Recommendation – 6 Henderson Valley Road, Henderson - item 15 from the Henderson-Massey Local Board meeting of 20 March 2017 |
33 |
Ngā kaihaina / Signatories
Author |
Riya Seth - Democracy Advisor |
Authorisers |
Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau |