Boot Motions » Council meeting 27 Apr 2011 - WorkBoot dig #1
Moved Larsen/ Seconded Linton That Item 4.3 of the Council Agenda 27 April 2011, titled “Kaipara District Plan Review: Hearings Panel Recommendations and Budget” be moved to the Open section of the Council meeting.
The recommendation at item 4 of the agenda recommends excluding the public from the matter of the Kaipara district plan review: Hearings panel recommendations and budget in reliance on section 48 (2)(a)(i) of the Local Government Official Information and Meetings Act. The Act states-
48 Right of local authorities to exclude public
(1) Subject to subsection (3) of this section, a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:
(d) that the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.
(2) Paragraph (d) of subsection (1) of this section applies to—
(a) any proceedings before a local authority where—
(i) a right of appeal lies to any Court or tribunal against the final decision of the local authority in those proceedings;
The proceedings before the local authority in this matter relate to the funding of the proposed district plan deliberations. The issue before Council is to either fund or not fund the further work on deliberations. The reference to section 48 (2)(a)(i) of the Local Government Official Information and Meetings Act does not provide any basis at law to exclude the public.
By way of clarification there is of course a right of appeal to a decision to adopt an amended proposed plan. That is part of the democratic provisions of the RMA process but a separate matter unrelated to the work sought to be funded.
Furthermore, no reason other than the erroneous reference to section 48 has been given for public exclusion.
The provisions for public exclusion are intended to be used sparingly. The ratepayers, who will be servicing and repaying the debt for years to come, are entitled to know in relation to planned expenditure what is being debated and why any such decisions are being made.
Comments
Council subsequently resolved to exclude the public from the meeting as follows -
Moved Sutherland/ Seconded Blackwell
That the public be excluded from the following part of the proceedings of this meeting
namely,
Contract 681: Taharoa Domain Promenade Point Kai Iwi Lakes New Toilets,
KSR Farms Limited: Settlement of Claim and
Kaipara District Plan Review: Hearings Panel Recommendations and Budget
The general subject matter of each matter to be considered while the public is excluded, the reasons 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 are as follows:
Subject matter to be considered: Ground(s) under Section 48 (1) for the passing this resolution:
Contract 681: Taharoa Domain Promenade Point Kai Iwi Lakes New Toilets Part 1 Section 7 (2)(b)(ii)
KSR Farms Limited: Settlement of Claim Part 1 Section 7 (2)(g)
Kaipara District Plan Review: Hearings Panel Recommendations and Budget Part 7 Section 48 (2)(a)(i)
Councillor Larsen asked that he be recorded as voting Against the Motion as it pertained to Item 4.3 Kaipara District Plan Review: Hearings Panel Recommendations and Budget
Voted For:
Voted Against: