Boot Motions » Council meeting 22 June 2011 - WorkBoot dig #9
Moved Larsen That in accordance with resolution 5.1 of 23 March 2011, Council appoint a panel of professional independent commissioners and a panel of three councillors for the purpose of conducting resource consent hearings; and That in appointing the panel of councillors, preference be given to those holding current certification in the MfE Making Good Decisions programme; and That to facilitate the appointment of the panel of independent commissioners, Council be provided with a list of suitably qualified and experienced appointees for confirmation by Council at the 20 July 2011 meeting.
Resolution 5.1 was passed on 23 March 2011. It was resolved – That in accordance with s34 of the Resource Management Act 1991, Council appoints a panel of independent Commissioners, any one of whom will act on Council’s behalf in determining resource consent applications which require a Hearing in terms of Council’s delegations. Unless specifically requested otherwise by a party to an application, the independent Commissioner will be assisted by a Councillor selected from a panel of three Councillors. The independent Commissioner will chair the Hearing Panel when not sitting alone. That the interim arrangement for Hearings is to continue until membership of the respective Panels has been formalised. In order for this process to proceed the appointments need to be made in accordance with this resolution. To use unqualified councillors, when qualified councillors are available would raise the issue as to why the unqualified Councillor has been appointed over the qualified Councillor. It would also impugn the qualification and arguably provide grounds for administrative law review of the decisions of Council, if Council favours unqualified Councillors over qualified Councillors.
Reasons given by Mayor for refusing –
3.9.15 Revocation or Alteration of resolutions
Non-compliance with this clause
My analysis
3.9.15 Revocation or Alteration of resolutions states -
“A notice of motion for the revocation or alteration of all or part of a previous resolution of the local authority is to be given to the chief executive by the member intending to move such a motion.
(a) Such notice is to set out:
(i) The resolution or part thereof which it is proposed to revoke or alter;
(ii) The meeting date when it was passed; and
(iii) The motion, if any, that is intended to be moved in substitution thereof.
(b) Such notice is to be given to the chief executive at least 5 clear working days before the meeting at which it is proposed to consider such a motion and is to be signed by not less than one third of the members of the local authority, including vacancies.
(c) The chief executive must then give members at least 2 clear working days notice in writing of the intended motion and of the meeting at which it is proposed to move such.
The previous resolution was resolution 5.1 of 23 March 2011 –
That in accordance with s34 of the Resource Management Act 1991, Council appoints a panel of independent Commissioners, any one of whom will act on Council’s behalf in determining resource consent applications which require a Hearing in terms of Council’s delegations. Unless specifically requested otherwise by a party to an application, the independent Commissioner will be assisted by a Councillor selected from a panel of three Councillors. The independent Commissioner will chair the Hearing Panel when not sitting alone.
That the interim arrangement for Hearings is to continue until membership of the respective Panels has been formalised.
The notice of motion proposed does not revoke or alter the previous resolution and as such this is not a valid reason for refusing the notice of motion.