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Governing Body
30 May 2019
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1 Affirmation
His Worship the Mayor read the affirmation.
Cr C Fletcher joined the meeting at 9.33am.
Cr D Newman joined the meeting at 9.33am.
2 Apologies
3 Declaration
of Interest
There were no declarations of interest.
4 Confirmation
of Minutes
5 Petitions
There were no
petitions.
6 Public
Input
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6.1
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Public Input: Infrastructure New
Zealand Asia Trip March 2019
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It had been
anticipated that Public Input Item 6.1 would be heard at Item 12 - Deputy
Mayor's Report on Trip to Singapore, Hong Kong, Beijing and Shanghai as part
of the Building Cities: Infrastructure New Zealand Delegation. As
the item was taken at the end of the meeting, the presenters were unable to
remain and did not present.
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7 Local
Board Input
There was no
local board input.
8 Extraordinary
Business
There was no
extraordinary business.
9 Notices
of Motion
Under Standing
Order 2.5.1 a Notice of Motion had been received from Cr Lee and Cr Watson for
consideration under Item 14.
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10
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Approval of terms of reference for cultural
heritage review stage two
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A PowerPoint presentation was
given. A copy has been placed on the official minutes and is available
on the Auckland Council website as a minutes attachment.
Cr R Hills
joined the meeting at 9.39am.
Cr W Walker joined the meeting at 9.41am.
Cr C Darby joined the meeting at 9.42am.
Cr Sir J Walker joined the meeting at 9.43am.
Cr R Clow joined the meeting at 9.50am.
Cr E Collins joined the meeting at 10.16am.
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Resolution
number GB/2019/43
MOVED by Mayor P Goff, seconded by Cr P Hulse:
That the Governing
Body:
a) approve
the terms of reference for stage two of the cultural heritage review
b) note
that the five main institutions participating in the review (Auckland Art
Gallery, Auckland War Memorial Museum, Museum of Transport and Technology,
New Zealand Maritime Museum, and Stardome Observatory and Planetarium),
Regional Facilities Auckland and the Mana Whenua Kaitiaki Forum all support
the terms of reference and the collaborative review process which it
establishes, and thank those organisations for their participation and
commitment thus far.
CARRIED
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Note: Pursuant
to Standing Order 1.8.3, Cr M Lee requested that his abstention be recorded.
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Attachments
a 30 May 2019, Governing Body: Item 10 -
Approval of terms of reference for cultural heritage review stage two,
Presentation
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Cr P Hulse left the meeting at 10.25am.
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11
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Submission Approval - Building System
Legislative Review: Discussion Paper
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Cr P Hulse returned to the meeting
at 10.31am.
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Resolution
number GB/2019/44
MOVED by Mayor P Goff, seconded by Deputy Mayor BC
Cashmore:
That the Governing
Body:
a) approve
the high-level summary of the council submission on the Ministry of Business,
Innovation and Employment’s Building System Legislative Review
discussion paper
b) delegate
final approval of the submission to the Mayor, Chair of the Planning
Committee and Chair of the Regulatory Committee.
CARRIED
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Note: His Worship The Mayor accorded precedence to Item
16 – Procedural motion to exclude the public; Item C1 – Civic
Administration Building – sale and redevelopment at this time.
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16 Procedural
motion to exclude the public
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Resolution
number GB/2019/45
MOVED by Mayor P Goff, seconded by Cr R Clow:
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 Civic
Administration Building - sale and redevelopment
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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)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information.
s7(2)(c)(ii)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment,
where the making available of the information would be likely to damage the
public interest.
In
particular, Civic Lane Limited has spent significant time and investment to
date and is still finalising its funding arrangements to undertake the
redevelopment. Release of the information in the report and/or
councillor’s debate on the development agreement and the
redevelopment of the Civic Administration Building may affect Civic Lane
Limited’s commercial position on pre-sales of the apartments and/or
its funding approvals and the development agreement requires the parties to
keep the development agreement and all information in relation to the
redevelopment opportunity in confidence and breach of this obligation may
result in Civic Lane Limited, or other like developers, from disclosing
similar information.
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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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Note: Pursuant
to Standing Order 1.8.6, Cr W Walker requested that his dissenting vote be
recorded.
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11.40am 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.
3.06pm The
public was re-admitted.
Cr Sir J Walker left the meeting at 3.07pm.
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14
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Notice of Motion - Councillor Lee - Civic
Administration Building
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Resolution
number GB/2019/48
MOVED by Cr P Hulse,
seconded by Deputy Mayor BC Cashmore:
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:
14 Notice of Motion - Councillor Lee - Civic
Administration Building
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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)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information.
s7(2)(c)(ii)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment,
where the making available of the information would be likely to damage the
public interest.
In
particular, Civic Lane Limited has spent significant time and investment to
date and is still finalising its funding arrangements to undertake the
redevelopment. Release of the information in the report and/or
councillor’s debate on the development agreement and the
redevelopment of the Civic Administration Building may affect Civic Lane
Limited’s commercial position on pre-sales of the apartments and/or
its funding approvals and the development agreement requires the parties to
keep the development agreement and all information in relation to the
redevelopment opportunity in confidence and breach of this obligation may
result in Civic Lane Limited, or other like developers, from disclosing
similar information.
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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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A division
was called for, voting on which was as follows:
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For
Deputy Mayor BC Cashmore
Cr R Clow
Cr E Collins
Cr L Cooper
Cr C Darby
Cr A Filipaina
Mayor P Goff
Cr R Hills
Cr P Hulse
Cr D Newman
Cr D Simpson
Cr P Young
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Against
Cr C Fletcher
Cr M Lee
Cr G Sayers
Cr W Walker
Cr J Watson
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Abstained
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The motion was
declared carried by 12
votes to 5.
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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3.08pm 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.
3.40pm The
public was re-admitted.
Cr D Newman left the meeting at 3.41pm.
Cr C Fletcher left the meeting at 3.41pm.
Cr M Lee left the meeting at 3.41pm.
Note: From
this point forward, agenda items were taken in the following order:
Item
15 Consideration
of Extraordinary Items
13 Summary
of Governing Body information memorandum briefings and Forward Work Programme
– 30 May 2019\
12 Deputy
Mayor's Report on Trip to Singapore, Hong Kong, Beijing and Shanghai as part of
the Building Cities: Infrastructure New Zealand Delegation
15 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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12
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Deputy Mayor's Report on Trip to Singapore,
Hong Kong, Beijing and Shanghai as part of the Building Cities: Infrastructure
New Zealand Delegation
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Resolution
number GB/2019/52
MOVED by Deputy Mayor BC Cashmore, seconded by Cr R Clow:
That the Governing
Body:
a)
receive the written report (Attachment A of the agenda report)
from Deputy Mayor Councillor Bill Cashmore, regarding his trip representing
Auckland Council as part of the Building Cities:
Infrastructure New Zealand delegation to Singapore,
Hong Kong, Beijing and Shanghai undertaken 16 – 30 March 2019.
CARRIED
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restatementS
It was resolved while the public was excluded:
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C1
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Civic Administration Building - sale and
redevelopment
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Resolution
number GB/2019/46
MOVED
by Mayor P Goff, seconded by Deputy Mayor BC Cashmore:
That
the Governing Body:
a) receive
the update on the Civic Administration Building.
b) agree
that the resolution only be released but that the report and attachments
remain confidential until the need for confidentiality no longer exists.
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14
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Notice of Motion - Councillor Lee - Civic
Administration Building
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Resolution number GB/2019/49
MOVED by Mayor P Goff, seconded by Cr E Collins:
That the
Governing Body:
a)
agree that the vote on Item 14 – Notice
of Motion – Councillor Lee – Civic Administration Building be
restated in the open part of the meeting.
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Note: The
voting record on Item 14 - Notice of Motion –
Councillor Lee – Civic Administration Building is as follows:
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MOVED by Cr
M Lee, seconded by Cr J Watson:
That the
Governing Body:
a) instruct
Panuku – Development Auckland to suspend any sale or transfer of
ownership of the historic City Administration Building until the Council has
been provided with a full report of the commercial details of the proposed
transaction, including the price, and how the outstanding heritage concerns
relating to this Category A listed building have been resolved.
A division
was called for, voting on which was as follows:
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For
Cr C Fletcher
Cr M Lee
Cr W Walker
Cr J Watson
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Against
Deputy Mayor BC Cashmore
Cr R Clow
Cr E Collins
Cr L Cooper
Cr C Darby
Cr A Filipaina
Mayor P Goff
Cr R Hills
Cr P Hulse
Cr D Newman
Cr G Sayers
Cr D Simpson
Cr P Young
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Abstained
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The motion was
declared lost by 4 votes
to 13.
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3.44pm 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:........................................................
