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Governing Body
22 November
2018
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1 Affirmation
His Worship the Mayor read the affirmation.
2 Apologies
Cr R Hills
entered the meeting at 9.33 am.
3 Declaration
of Interest
There were no declarations of interest.
4 Confirmation
of Minutes
Cr D Newman entered
the meeting at 9.34 am.
Cr J Watson entered
the meeting at 9.34 am.
Cr P Young
entered the meeting at 9.34 am.
5 Petitions
There were no
petitions.
6 Public
Input
Note: Items
6.1 and 6.2 were considered together.
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6.1
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Public Input: Keep the Auckland
Dockline Tram Running Movement - Auckland Dockline Tram
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6.2
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Public Input: Auckland Electric
Tramways Trust - Auckland Dockline Tram
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Puneet Dhallm
of the Keep the Auckland Dockline Tram Running Movement spoke to the
Governing Body, tabled documents and gave a PowerPoint presentation in
support of Item 6.1.
Jef Grobben
of Auckland Electric Tramways Trust spoke to the Governing Body and gave a
PowerPoint presentation in support of Item 6.2.
Copies of the
documents have been placed on the official minutes and are available on the
Auckland Council website as minutes attachments.
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Cr C Darby entered the meeting at 9.35
am.
Cr P Hulse entered the meeting at 9.51 am.
Cr J
Walker entered the meeting at 9.51 am.
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Resolution
number GB/2018/184
MOVED by Mayor P Goff, seconded by Cr C Fletcher:
That the Governing
Body:
a) receive
and note the public input presentations from Puneet Dhall of Keep the
Auckland Dockline Tram Running Movement and Jef Grobben of Auckland Electric
Tramways and thank them for their attendance.
CARRIED
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Attachments
a 22 November 2018, Governing Body: Item 6.1 - Public Input: Keep
the Auckland Dockline Tram Running Movement - Auckland Dockline Tram,
presentation
b 22 November 2018, Governing Body: Item 6.1 - Public Input: Keep
the Auckland Dockline Tram Running Movement - Auckland Dockline Tram, tabled
document
c 22 November 2018, Governing Body: Item 6.2 - Public Input:
Auckland Electric Tramways Trust - Auckland Dockline Tram, presentation
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7 Local
Board Input
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7.1
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Local Board Input:
Māngere-Ōtāhuhu Local Board - Health and Hygiene Bylaw Review
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Lemauga Lydia
Sosene, Māngere-Ōtāhuhu Local Board Chair spoke to the Governing Body and gave a
short presentation.
A copy of the
presentation has been placed on the official minutes and is available on the
Auckland Council website as a minutes attachment.
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Cr R Clow
left the meeting at 10.33 am.
Cr M Lee left the meeting at 10.33 am.
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Resolution
number GB/2018/185
MOVED by Mayor P Goff, seconded by Cr L Cooper:
That the Governing
Body:
a) thank
Māngere-Ōtāhuhu
Local Board Chair, Lemauga Lydia Sosene for her input in relation to the
Health and Hygiene Bylaw Review and her attendance.
CARRIED
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Attachments
a 22 November 2018, Governing Body: item 7.1 -
Māngere-Ōtāhuhu Local Board Input - Health and Hygiene Bylaw
Review, presentation
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7.2
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Albert-Eden Local Board - Freedom Camping in
Vehicles Statement of Proposal
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This request was withdrawn by the Albert-Eden Local Board.
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Cr M Lee returned to the meeting at
10.35 am.
Cr R Clow returned to the meeting at 10.35 am.
8 Extraordinary
Business
There was no
extraordinary business.
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9
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Future of Auckland Dockline Tram
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Cr A Filipaina left the meeting at
10.38 am.
Cr A Filipaina returned to the meeting at 10.47 am.
Cr C Fletcher left the meeting at 11.46 am.
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Note: clause a) was moved
as a Chair’s recommendation.
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Resolution
number GB/2018/186
MOVED by Mayor P Goff, seconded by Cr M Lee:
That the Governing Body:
a)
receive the report from Panuku and
convey to the Panuku board that the preferred option of the Governing Body is
Option 3 in the agenda report – Reinstate full original loop and have
tram running for the 36th America’s Cup, then review its future.
CARRIED
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Note: Pursuant to
Standing Order 1.8.6, Cr R Hills requested that his dissenting vote be
recorded.
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10
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Hearings Panel report on Health and Hygiene
Bylaw 2013
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Cr R Clow
left the meeting at 12.09 pm.
Cr M Lee left the meeting at 12.09 pm.
Cr W Walker left the meeting at 12.09 pm.
Cr M Lee returned to the meeting at 12.18 pm.
Cr R Clow returned to the meeting at 12.18 pm.
Cr W Walker returned to the meeting at 12.23 pm.
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Note: changes
to the original recommendation were made by staff with the addition of new
clauses b), c) i) and c) ii), with the agreement of the meeting.
Note: changes
to the original motion were incorporated with the addition of clause g), with
the agreement of the meeting.
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Resolution
number GB/2018/187
MOVED by Cr L Cooper, seconded by Cr E Collins:
That the Governing
Body:
a)
approve the Panel recommendations on
proposed changes to the Health and Hygiene
Bylaw 2013 in Attachment A and Attachment B of the Hearings Panel report.
b)
confirm that a bylaw is the most
appropriate way to protect the public from
health risks posed by services that contact the body.
c)
the Health and Hygiene Bylaw 2013 in
Attachment C of the Hearings Panel report:
i)
is the most appropriate form of bylaw;
and
ii)
is not inconsistent with the New
Zealand Bill of Rights Act 1990.
d)
adopt the Health
and Hygiene Bylaw 2013 in Attachment C of the
Hearings Panel report under section 145 of the Local Government Act 2002 and section 64
of the Health Act 1956.
e)
approve the distribution of this report and
associated minute to local boards and advisory panels for their information.
f)
delegate authority through the Chief
Executive to a manager responsible for bylaws to make any amendments to the Health and Hygiene Bylaw 2013 in
Attachment C of the Hearings Panel report to correct errors or omissions.
g)
establish a working party consisting of
relevant councillors, local board members and members of the Pacific Peoples
Advisory Panel to further consult Pasifika communities on the implementation
of the tatau/tattooing practice under the bylaw.
CARRIED
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The meeting adjourned at 12.25pm and
reconvened at 1.01pm.
Cr R Clow, Cr E Collins, Cr R Hills, Cr G
Sayers and Cr J Walker were not present.
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11
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Recommendations from the Regulatory
Committee - Freedom Camping in Vehicles Statement of Proposal
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A timeline
was presented. 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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Cr R Hills
returned to the meeting at 1.05 pm.
Cr E Collins returned to the meeting at 1.06 pm.
Cr G Sayers returned to the meeting at 1.06 pm.
Cr R Clow returned to the meeting at 1.22 pm.
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Resolution
number GB/2018/188
MOVED by Cr L Cooper, seconded by Deputy Mayor BC
Cashmore:
That the Governing
Body:
a)
adopt the statement of proposal in
Attachment A of the original agenda report for public consultation and
confirm that the draft bylaw:
i)
is necessary to protect the area,
protect the health and safety of people who may visit the area and/or to
protect access to the area
ii)
is the most appropriate and
proportionate way of addressing the perceived problem in relation to the area
iii) is not inconsistent with the New Zealand Bill of Rights Act 1990.
b)
forward to local boards and advisory
panels:
i)
the statement of proposal in Attachment
A of the original agenda report for their views
ii)
this agenda report and attachments for
their information.
c)
note delegated authority to a manager
responsible for bylaws to make any amendments to the statement of proposal in
Attachment A of the original agenda report to correct errors, omissions or to reflect decisions made by the
Regulatory Committee or the Governing Body.
CARRIED
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Attachments
a 22 November 2018, Governing Body: Item 11 - Recommendations
from the Regulatory Committee - Freedom Camping in Vehicles Statement of
Proposal, Timeline
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12
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Recommendations from the Appointments,
Performance Review and Value for Money Committee - Value for Money (s17A) -
Legal and Risk Management Services
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Resolution
number GB/2018/189
MOVED by Mayor P Goff, seconded by Cr D Simpson:
That the Governing
Body:
a) approve
the terms of reference for the Legal and Risk Management value for money
review (included in Attachment A of the agenda report).
CARRIED
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13
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Appointment of Councillor Paul Young to
committees
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Resolution
number GB/2018/190
MOVED by Cr R Clow, seconded by Cr C Casey:
That the Governing
Body:
a) amend
the Committee Terms of Reference to show that Councillor Paul Young is a
member of:
i) all
committees of the whole of the Governing Body
ii) the
Regulatory Committee
iii) the
Civil Defence and Emergency Management Committee
iv) the
Community Development and Safety Committee.
CARRIED
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14
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Summary of Governing Body information memos
and briefings - 22 November 2018
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Resolution
number GB/2018/191
MOVED by Mayor P Goff, seconded by Cr C Darby:
That the Governing
Body:
a) note
the progress on the forward work programme
b) receive
the Summary of Governing Body information memos and briefings – 22
November 2018.
CARRIED
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16
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Chief Executive's performance objectives
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Resolution
number GB/2018/193
MOVED by Mayor P Goff, seconded by Cr R Clow:
That the Governing
Body:
a)
agree the set of performance objectives for the Auckland
Council’s chief executive for the calendar years 2019-2020.
b)
note there is a confidential report in the agenda.
CARRIED
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17 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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18 Procedural
motion to exclude the public
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Cr W Walker left the meeting at
1.42 pm.
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Resolution
number GB/2018/194
MOVED by Mayor P Goff, seconded by Cr C Casey:
That the
Governing Body:
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 CONFIDENTIAL:
Correspondence from Select Committee
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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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In
particular, the report contains correspondence from the Justice Select
Committee. It is contempt of the House of Representatives to disclose
select committee proceedings prior to the committee reporting to the
House..
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Not
applicable.
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s48(1)(b)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information which would be contrary to a specified enactment
or constitute contempt of court or contempt of the House of
Representatives.
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C2 CONFIDENTIAL:
Chief Executive's performance objectives
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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)(a)
- The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
In
particular, during this item, the committee will discuss the Chief
Executive’s performance objectives which are yet to be agreed.
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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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1.42 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.
2.16 pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C2
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CONFIDENTIAL: Chief Executive's
performance objectives
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Resolution
number GB/2018/196
MOVED by Mayor P Goff, seconded by Deputy Mayor BC
Cashmore:
That the Governing Body:
b) agree
that there be no restatement of the resolutions, report and attachment until
agreement of the performance objectives has been reached. Staff will provide
advice on which documents may be released.
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2.16 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 Governing Body HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
