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Whau Local
Board
03 July 2019
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1 Welcome
Chairperson T
Mulholland opened the meeting and welcomed those present.
2 Apologies
3 Declaration
of Interest
There were no
declarations of interest.
4 Confirmation
of Minutes
5 Leave
of Absence
There were no
leaves of absence.
6 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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7 Procedural
motion to exclude the public
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Resolution
number WH/2019/89
MOVED by Chairperson T Mulholland, seconded by
Member D Battersby:
That the
Whau Local Board:
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 Recommendations
of the Conduct Review Independent Panel under the Auckland Council Code of
Conduct
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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, the report contains sensitive material around the conduct of an
elected member of the Whau Local Board. The Whau Local Board will consider
whether to make the information public after the local board meeting.
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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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10.02am 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.
10.50am The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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C1
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Recommendations of the Conduct Review Independent Panel
under the Auckland Council Code of Conduct
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Resolution
number WH/2019/90
MOVED by Member D Battersby, seconded by Member D
Whitley:
That the Whau Local
Board:
a) note
the three reports from the Conduct Review Independent Panel on the Code of
Conduct complaints against Whau Local Board member Duncan Macdonald.
Complaint 1
b) agree
that the panel’s report on Complaint 1 (Attachment A) will remain
confidential at this time and will not be restated in the public minutes.
Complaint 2
c) endorse
the panel’s recommendation and censure Whau Local Board
member Duncan Macdonald for his breach of Article 7.8.
d) agree
that the panel’s report on Complaint 2 (Attachment B) will be included
in the public minutes with appropriate redactions to parts of the complaint
that were not upheld as well as removal of all identifying information with
the exception of Member Macdonald’s name.
Complaint 3
e) endorse
the panel’s recommendation and censure Whau Local
Board member Duncan Macdonald for his breach of Article 7.3.
f) agree
that the panel’s report on Complaint 3 (Attachment C) will be included
in the public minutes redacting all identifying information
with the exception of Member Macdonald’s name.
Restatement
g) approve that the “Recommendations
of the Conduct Review Independent Panel under the Auckland Council Code of
Conduct” cover report, the local board resolutions and Attachment D be
restated in the public minutes, noting that the other attachments are
discussed in recommendations b), d) and f).
CARRIED
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Note: Pursuant to
Standing Order 1.9.7 Member C Farmer and Deputy Chairperson S Zhu
requested their dissenting vote be recorded to recommendation b).
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Attachments
a 3 July 2019, Whau Local Board: Item C1 -
Recommendations of the Conduct Review Independent Panel under the Auckland
Council Code of Conduct, Cover report
b 3 July 2019, Whau Local Board: Item C1 -
Recommendations of the Conduct Review Independent Panel under the Auckland
Council Code of Conduct, Conduct Review Independent Panel report - Complaint 2
(redacted)
c 3 July 2019, Whau Local Board: Item C1 -
Recommendations of the Conduct Review Independent Panel under the Auckland
Council Code of Conduct, Conduct Review Independent Panel report - Complaint
3 (redacted)
d 3 July 2019, Whau Local Board: Item C1 -
Recommendations of the Conduct Review Independent Panel under the Auckland
Council Code of Conduct, Issues to consider when making information from a
code of conduct review available to the public
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10.50am 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 Whau Local Board HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
