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(27KB) HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON MONDAY 7 DECEMBER 2009 COMMENCING AT 9.00AM
L.D. Cavers
Chief Executive
HEARINGS FOR MEETING
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9.15am |
Objection to Dangerous Dog Classification - L Cox |
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10.00am |
Waiver Application Fencing of Swimming Pools Act 1987 - Baylis |
ORDER OF BUSINESS
1. APOLOGIES
2. DECLARATION OF LATE ITEMS
Pursuant to Section 46A(5) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted. In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.
3. CONFIRMATION OF MINUTES
1-8
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on Monday 16 November 2009 be taken as read and confirmed.
4. MATTERS ARISING FROM THE MINUTES
5. NOTICE UNDER SECTION 31(2) DOG CONTROL ACT (1996) DANGEROUS DOG
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9-15
Attached is a report from the Dog Control Officer regarding an objection to a Dangerous Dog Classification.
An appeal has been lodged.
A hearing has been scheduled for 9.15am.
RECOMMENDATION
THAT the report be received
AND THAT the classification be upheld.
6. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987
6.1 P W & J F BAYLIS, 1 VIOLET STREET, WAIHI (527110 - SWIM-03489)
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The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987, for their spa pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 10.00am.
RECOMMENDATION
THAT the application from P W & J F Baylis for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions:
That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That the Spa Pool height is 760mm minimum from any projections.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
7. LATE ITEM
8. MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED
RECOMMENDATION THAT the public be excluded from the following parts 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 are as follows:
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Item No. |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Ground(s) Under Section 48(1) for the Passing of this Resolution |
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Item 1 |
Request for Prosecution - Non-Compliant Signage |
Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.
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Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist. |
PROCEDURE FOR HEARINGS
1. Chairman
The Chairman will declare the hearing open and advise on the procedure to be followed.
2. Council Secretary
The Council Secretary will read the application and determine:
If the applicant is in attendance, or represented;
If there are any witnesses in support.
If there are any submissioners in attendance;
If there are any witnesses in support.
3. Applicant
The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.
4. Submissions to be Heard
The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.
5. Planning Officer
The Planning Officer will present a report and answer any questions from the Councillors.
6. Right of Reply
The applicant now has the right of reply.
7. Close of Hearing
The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.