Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held in the Reception Lounge, Auckland Town Hall , 301-305 Queen Street , Auckland on Tuesday, 14 June 2022 at 10.00am. A recording of the meeting is be available on the Auckland Council website. https://www.aucklandcouncil.govt.nz/about-auckland-council/how-aucklandcouncilworks/meetings-council-bodies/Pages/webcasts-council-meetings.aspx.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Members

Cr Dr Cathy Casey

via electronic link

 

Cr Fa’anana Efeso Collins

via electronic link

 

Cr Shane Henderson

via electronic link

 

Cr Daniel Newman, JP

via electronic link

 

Cr Sharon Stewart, QSM

via electronic link

 

IMSB Chair David Taipari

via electronic link

 

IMSB Member Glenn Wilcox

via electronic link

 

ABSENT

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Deputy Mayor Cr Bill Cashmore

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Cr Paul Young

 

 

ALSO PRESENT

 

 

Cr Tracy Mulholland

via electronic link

 

 

 

 

 

 

 

 


Regulatory Committee

14 June 2022

 

 

Note:   a roll-call was conducted that ascertained the following members were in attendance at the commencement of the meeting.

Member

Member

Cr L Cooper

ü

IMSB Chair D Taipari

ü

Cr J Bartley

×

IMSB Member G Wilcox

ü

Cr C Casey

ü

Cr S Stewart

ü

Cr E Collins

ü

Cr P Young

×

Cr S Henderson

ü

Mayor P Goff (Ex-officio)

×

Cr D Newman

ü

Deputy Mayor B Cashmore (Ex-officio)

×

 

1          Apologies

 

Resolution number REG/2022/21

MOVED by Cr L Cooper, seconded by Cr C Casey:  

That the Regulatory Committee:

a)         accept the apology from

Absence

Mayor P Goff

Deputy Mayor B Cashmore

Lateness

Cr P Young

Early Departure

Cr E Collins

CARRIED

Note:   Subsequently, an apology was received from Cr J Bartley, and the meeting concluded before Cr P Young could attend.

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number REG/2022/22

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

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 10 May 2022, 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

Determination of an objection to a menacing dog classification - Cameron Waiariki

 

This item was deferred to the July 2022 meeting of the Regulatory Committee.

 

 

 

9

Summary of Regulatory Committee Information - updates, memos and briefings - 14 June 2022

 

Resolution number REG/2022/23

MOVED by IMSB Chair D Taipari, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      note the progress on the forward work programme appended as Attachment A of the agenda report.

b)      receive the summary of Regulatory Committee report 14 June 2022.

CARRIED

 

 

 

10        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

 

 

 

 

11        Procedural motion to exclude the public

Resolution number REG/2022/24

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

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       Delegations sought to abide on three claims for judicial review of resource consents at High Court

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)(g) - The withholding of the information is necessary to maintain legal professional privilege.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that could compromise the council and or other parties in the position it seeks to adopt in these judicial reviews that are before the High Court.

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.

C2       Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel

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)(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 the names of people recommended as part of an independent hearing panel. This information should not be made public until the Regulatory Committee endorses the recommendations and the successful applicant confirms the acceptance for the appointment.

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

 

 

10.05am          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.

 

10.41pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Delegations sought to abide on three claims for judicial review of resource consents at High Court

 

f)       agree that the report remain confidential

g)      agree that (a)-(d) remain confidential

h)      agree that (e) remain confidential, but that following notification to the High Court and all parties involved in these proceedings, (e) shall be included in the open section of the minutes.

 

 

C2

Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel

 

f)       agree that the report remain confidential until the reasons for confidentiality no longer exist

g)      agree that the minutes in (b) – (e) remain confidential, and be restated in the open minutes after 30 June 2022.

 

 

 

 

 

10.41 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 Regulatory Committee HELD ON

 

 

 

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

 

 

 

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