Community & places · Orange City Council
Cook Park Aviary rescission bid fails in 7-4 vote
Orange councillors rejected a motion by Cr K Duffy and Cr G Judge to overturn the 18 August aviary consultation and review resolution. The CEO said rehoming larger birds would not happen immediately.
Reporting from public council minutes. How this article was prepared
Orange City Council has rejected a bid to rescind its 18 August resolution on consultation and review of the Cook Park Aviary, with seven councillors voting against the motion and four supporting it. Cr J Whitton was absent.
The motion was moved by Cr K Duffy and seconded by Cr G Judge. Its defeat leaves the 18 August resolution in place, although the 1 September minutes do not reproduce that earlier resolution or set out all of its requirements.
Questions about the aviary’s larger birds remain unresolved. The chief executive officer told councillors that rehoming would not happen immediately because the process would involve determining whether the birds were going to a suitable place where they would be properly cared for.
The CEO also told councillors that staff had not discussed rehoming the larger birds with the community. The minutes record no timetable for those discussions or for the rehoming process.
When Cr Greenhalgh asked whether the matter could return to Council before three months had passed, the Manager Corporate Governance said a Notice of Motion to Alter a Resolution could be submitted. It would require three councillors to sign it, along with supporting information.
What deserves a closer look
The outcome of the rescission is clearly recorded, but the minutes do not reproduce the 18 August resolution, so its detailed requirements are not reported.
The minutes record a process for assessing suitable homes for the larger birds but no timetable for rehoming or community discussions.
Questions for follow-up reporting
What actions and requirements were contained in the 18 August resolution?
Will staff hold community discussions about rehoming the larger birds, and if so, when?
What detailed criteria will be used to assess whether proposed placements can properly care for the birds?
What happens next
Councillors could submit a Notice of Motion to Alter a Resolution. If less than three months has elapsed since the resolution was passed or lost, three councillors would need to sign it; councillors would also need to provide supporting information.
Check the record
These passages were matched to the source text. Read them in context in the original minutes.
The Cook Park Aviary rescission motion was lost, with four councillors listed as voting for, seven against and Cr J Whitton absent.
For: Cr T Mileto (Mayor), Cr T Greenhalgh (Deputy Mayor), Cr K Duffy, Cr G Judge, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr S Peterson, Cr G Power, Cr M Ruddy, Cr J Stedman Against: Nil Absent: Cr J Whitton 4 NOTICES OF MOTION/NOTICES OF RESCISSION 4.1 NOTICE OF RESCISSION - COOK PARK AVIARY CONSULTATION & REVIEW TRIM REFERENCE: 2026/1692 MOTION Cr K Duffy/Cr G Judge That Council rescind the following resolution of the Ordinary Meeting of Council on 18 August 2026: THE RESCISSION MOTION ON BEING PUT WAS LOST For: Cr T Greenhalgh (Deputy Mayor), Cr K Duffy, Cr G Judge, Cr S Peterson Against: Cr T Mileto (Mayor), Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr G Power, Cr M Ruddy, Cr J Stedman Absent: Cr J Whitton ORDINARY COUNCIL MEETING MINUTES 1 SEPTEMBER 2026 Page 5 Cr Greenhalgh asked if there is a way this Item can be brought back to Council for consideration without waiting the 3 months.
Item 4.1, Notice of Rescission - Cook Park Aviary Consultation & Review, outcome and voting list
Open original minutes ↗The rescission motion, moved by Cr K Duffy and seconded by Cr G Judge, sought to rescind a resolution from the 18 August 2026 council meeting.
For: Cr T Mileto (Mayor), Cr T Greenhalgh (Deputy Mayor), Cr K Duffy, Cr G Judge, Cr F Kinghorne, Cr D Mallard, Cr M McDonell, Cr S Peterson, Cr G Power, Cr M Ruddy, Cr J Stedman Against: Nil Absent: Cr J Whitton 4 NOTICES OF MOTION/NOTICES OF RESCISSION 4.1 NOTICE OF RESCISSION - COOK PARK AVIARY CONSULTATION & REVIEW TRIM REFERENCE: 2026/1692 MOTION Cr K Duffy/Cr G Judge That Council rescind the following resolution of the Ordinary Meeting of Council on 18 August 2026: THE RESCISSION MOTION ON BEING PUT WAS LOST For: Cr T Greenhalgh (Deputy Mayor), Cr K Duffy, Cr G Judge, Cr S Peterson Against: Cr T Mileto (Mayor), Cr F Kinghorne, Cr D Mallard,
Item 4.1, motion text
Open original minutes ↗The CEO said rehoming the larger birds would not occur immediately because the process would involve determining whether they would go somewhere they would be properly cared for.
Cr Kinghorne asked what the timeline would be on rehoming the larger birds form the aviary. The Chief Executive Officer advised that it will not occur immediately as it will be a process of determining if the birds are going to the right place where they will be properly cared for.
Item 4.1 discussion, response to Cr Kinghorne
Open original minutes ↗The CEO said staff had not discussed rehoming the larger birds with the community.
Cr Duffy asked if staff have already had discussions with the community regarding the rehoming of the larger birds. The Chief Executive Officer replied that they have not, but that he is aware of a member of the community who has previously homed one of the cockatoos from the aviary.
Item 4.1 discussion, response to Cr Duffy
Open original minutes ↗In response to a question about returning the item to Council before three months had passed, the Manager Corporate Governance said a Notice of Motion to Alter a Resolution could be submitted, requiring three councillors to sign if less than three months had elapsed since the resolution was passed or lost, with councillors responsible for providing supporting information.
Cr M McDonell, Cr G Power, Cr M Ruddy, Cr J Stedman Absent: Cr J Whitton ORDINARY COUNCIL MEETING MINUTES 1 SEPTEMBER 2026 Page 5 Cr Greenhalgh asked if there is a way this Item can be brought back to Council for consideration without waiting the 3 months. The Manager Corporate Governance advised that a Notice of Motion to Alter a Resolution can be submitted, but that it requires 3 Councillors to sign off on it if less than 3 months has lapsed since the resolution was passed or lost but the onus is still on Councillors to provide supporting information to the Motion/Rescission Motion.
Item 4.1 discussion, Cr Greenhalgh's question and governance advice
Open original minutes ↗Source record
Reporting from the supplied minutes of Orange City Council’s ordinary meeting on 1 September 2026. The supplied record does not establish whether these minutes were subsequently confirmed.
Key facts from the minutes
- The rescission motion was lost at Orange City Council’s 1 September 2026 meeting.
- The minutes record four votes for, seven against and Cr J Whitton absent.
- The motion sought to rescind a resolution made at the 18 August 2026 meeting.
- The chief executive officer said larger-bird rehoming would not occur immediately.
- The CEO said staff had not discussed larger-bird rehoming with the community.
- A motion to alter the resolution within three months would require three councillors’ signatures and supporting information.
Why it matters
- The failed rescission leaves the 18 August Cook Park Aviary resolution unchanged, while the supplied minutes record no timetable for rehoming larger birds or community discussions.