I hereby give notice that an extraordinary meeting of the Governing Body will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 7 November 2013

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Cr Dick Quax

 

Cr Cameron Brewer

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Cr Sir John Walker, KNZM, CBE

 

Cr Bill Cashmore

Cr Wayne Walker

 

Cr Ross Clow

Cr John Watson

 

Cr Linda Cooper, JP

Cr Penny Webster

 

Cr Chris Darby

Cr George Wood, CNZM

 

Cr Alf Filipaina

 

 

Cr Hon Chris Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Elaine Stephenson

Democracy Advisor

 

4 November 2013

 

Contact Telephone: (09) 373 6328

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

The governing body is responsible and democratically accountable for:

 

(a)        the decision making of the Auckland Council in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the Council under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002); and

 

(b)        the decision making of the Auckland Council in relation to the non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17 of the Local Government (Auckland Council ) Act; and

 

(c)        the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and

 

[(ca)     the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and]

 

[(cb)     the decision making of the Auckland Council in relation to transport objectives for Auckland and transport funding for Auckland; and]

 

(d)        the decision making of the Auckland Council in relation to compliance with section 101 of the Local Government Act 2002 (which relates to the financial management of a local authority); and

 

(e)        the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.

 

Note

 

The Governing body may delegate to committees and local boards and allocate to local boards any powers except:

 

·         the power to make a rate; or

·         the power to make a bylaw; or

·         the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

·         the power to adopt a long-term plan, annual plan, or annual report; or

·         the power to appoint a chief executive; or

·         the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement.

 

 


Governing Body

07 November 2013

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Acknowledgements                                                                                                       5

5          Petitions                                                                                                                          5  

6          Public Input                                                                                                                    5

7          Local Board Input                                                                                                          5

8          Extraordinary Business                                                                                                5

9          Notices of Motion                                                                                                          6

10        Annual Plan 2014/2015 - Mayoral Proposal                                                                7

11        Committee Terms of Reference                                                                                   9

12        Membership of committees                                                                                        53

13        Meeting schedule - November, December 2013                                                       55  

14        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

15        Procedural Motion to Exclude the Public                                                                 63

C1       Appointment of Auckland Council Chief Executive                                                63  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

2          Apologies

 

An apology for lateness on Council business has been received from the Deputy Mayor, Penny Hulse.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

5          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

6          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

7          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

8          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

9          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Governing Body

07 November 2013

 

 

Annual Plan 2014/2015 - Mayoral Proposal

 

File No.: CP2013/25228

 

  

 

Purpose

1.       For His Worship the Mayor to present the Annual Plan 2014/2015 – Mayoral Proposal.

Executive Summary

2.       His Worship the Mayor will provide the proposal at the meeting.

 

Recommendation/s

That the Governing Body:

a)      receive the Annual Plan 2014/2015 – Mayoral Proposal report.

 

 

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Elaine Stephenson - Democracy Advisor

Authorisers

Doug McKay - Chief Executive

 


Governing Body

07 November 2013

 

 

Committee Terms of Reference

 

File No.: CP2013/25225

 

  

 

Purpose

1.       To adopt terms of reference for the Governing Body’s committees.

Executive Summary

2.       At The Governing Body’s meeting on 29 October 2013, His Worship the Mayor reported his committee structure.

3.       It is now necessary for the Governing Body to adopt terms of reference that provide those committees with delegations that implement the mayor’s structure.

4.       The approach taken with the new committees has been to set out each committee’s responsibilities in broad terms and delegate full powers relating to those responsibilities subject to exceptions.  For example a committee cannot exercise a power that the Governing Body has retained to itself.

5.       This approach has also been taken with the Reporting Committees which have more definition around areas of activity and which also have additional constraints around powers (such as a limit on approving expenditure and a requirement that work falls within the approved work programme).  A Reporting Committee will be able to make any decision that might otherwise be made by the parent committee provided the decision aligns with the stated areas of activity and responsibilities of the Reporting Committee and does not fall under any of the exceptions.

6.       Those committees which are carried over from the previous term have their previous delegations which in some cases have been tweaked to align with changes in legislation (for example the Sale and Supply of Alcohol Act 2012).

7.       The delegations to committees of the whole enable any committee of the whole to approve a submission. 

8.       The delegations also provide for any committee of the whole to deal with a matter that is the responsibility of another committee where that matter is urgent and must be dealt with before the other committee is due to meet.

9.       The quorums for committees of the whole are the same as the quorum for the Governing Body (eleven members).

10.     The quorums for all other new committees is one half (or majority if the total number is odd).

11.     The quorums for committees that have been carried over have also been carried over.

12.     The Terms of Reference include the membership for each committee.  Membership is being decided under a separate item and the Terms of Reference will be updated with this information.  The membership list under each committee indicates whether that committee will have IMSB appointments.

13.     The Mayor’s report referred to a review of standing orders to facilitate more informality at meetings of the Reporting Committee.  The standing orders have not been reviewed, apart from provisions for public input, since adopted in 2010.  It is recommended that a small working party is established to work with officers to review the standing orders as they relate to Reporting Committees and also in more general terms.


 

Recommendation/s

That the Governing Body:

a)      adopt Terms of Reference for Committees as contained in Attachment A to the agenda report, noting that terms of reference relating to panels are yet to be completed.

b)      authorise the Manager Democracy Services to update the terms of reference with additional terms relating to Panels once these are determined by the Governing Body and to keep up to date information relating to membership should this change. 

c)      appoint a small working party of councillors to work with officers to review and report back on the standing orders relating to Reporting Committees and, with the participation of local boards, review standing orders generally.

 

Discussion

14.     The Terms of Reference implement the committee structure established by His Worship the Mayor.

Consideration

Local Board Views

15.     The Terms of Reference relate to the Governing Body’s committees and local board views have not been sought on these as they are matters of Governing Body procedure. 

16.     It is recommended that a working party is established to review standing orders.  It would be mutually useful to have local board participation in such a review as the Governing Body and local boards have similar procedures.

Maori Impact Statement

17.     The Mayor’s report addressed the appointment of members by the IMSB.  The Terms of Reference reflect the IMSB membership as envisaged by the Mayor.

Implementation Issues

18.     The committees will commence meeting from 21 November 2013.

 

Attachments

No.

Title

Page

a

Terms of Reference

11

     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 


Governing Body

07 November 2013

 

 

 

 

Auckland Council

Governing Body

Terms of Reference

 

 

 

Adopted by the Governing Body on 7 November 2013

 

 


Governing Body

07 November 2013

 

 

Contents:

Amendments........................................................................................................................ 2

1.            INTRODUCTION.......................................................................................................... 3

1.1.         General Principles of Delegation                                                                           3

1.2.         Establishment of Committees                                                                               3

1.3.         Ambiguity and Conflict                                                                                         4

1.4.         Roles of Mayor, Governing Body and Local Boards                                              5

2.            Governing Body.................................................................................................... 7

3.            COMMITTEES OF THE WHOLE OF THE GOVERNING BODY........................... 8

3.1.         FINANCE AND ORGANISATIONAL PERFORMANCE COMMITTEE                     8

3.2.         LONG TERM AND ANNUAL PLAN COMMITTEE                                                10

3.3.         REGIONAL STRATEGY AND POLICY COMMITTEE                                           11

3.4.         URBAN AND RURAL DEVELOPMENT COMMITTEE                                          13

4.            REPORTING COMMITTEES................................................................................... 15

4.1.         ARTS, CULTURE AND EVENTS COMMITTEE                                                    15

4.2.         COMMUNITY DEVELOPMENT, SAFETY AND SOCIAL INFRASTRUCTURE      17

4.3.         ECONOMY – RURAL AND URBAN                                                                    19

4.4.         ENVIRONMENT, CLIMATE CHANGE AND NATURAL HERITAGE                     21

4.5.         PARKS, RECREATION AND SPORT                                                                  23

4.6.         PHYSICAL INFRASTRUCTURE COMMITTEE                                                     25

4.7.         TENDERS AND PROCUREMENT COMMITTEE                                                  26

4.8.         UNITARY PLAN COMMITTEE                                                                             28

5.            OTHER COMMITTEES............................................................................................. 29

5.1.         AUDIT AND RISK COMMITTEE                                                                          29

5.2.         CCO GOVERNANCE AND MONITORING COMMITTEE                                      30

5.3.         CEO REVIEW COMMITTEE                                                                                 31

5.4.         CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP COMMITTEE               32

5.5.         HEARINGS COMMITTEE                                                                                    33

5.6.         REGULATORY AND BYLAWS COMMITTEE                                                       35

6.            JOINT COMMITTEES............................................................................................... 36

6.1.         HAURAKI GULF FORUM                                                                                    36

7.            Panels..................................................................................................................... 37

8.            AUCKLAND AMBASSADOR.................................................................................. 37


         Amendments

Date

Amendment

Entity

Resolved

 

 

 

 

 


 

1.      INTRODUCTION

1.1.       General Principles of Delegation

Section 2 sets out those matters which cannot be legally delegated by the council under the Local Government Act 2002.

When an Act or Regulation empowers the “Council” to carry out a decision-making function, that decision must be made by way of a resolution of the full Governing Body, unless the Act or Regulation, permits delegation to a Committee, Subcommittee, Local Board or Officer.

Without delegation the operation of the Council and its administration would not be efficient, effective and timely in delivering services.  The business to be transacted by a Council and its administration is large and wide-ranging, dealing with the details of many Acts and Regulations, the Council’s Plans, Bylaws, and a range of Council activities and services.

It is impossible for the elected Council to deal with everything itself.  The principle of subsidiarity is generally applied.  Decisions should be made at a level commensurate with efficiency and effectiveness.  Generally, the legislation, which the Council uses on a day-to-day basis, provides for delegations. The terms of reference and delegations in this document are intended to reflect the principles of subsidiarity to allow the Council to delegate its powers and functions to the most efficient and effective levels.

The body or person to whom powers are delegated will usually exercise the delegated power, but is not obliged to do so.  The most common circumstances where the body or person with the delegation might choose not to exercise it are when the matter has become a matter of public notoriety, or the issues are contentious and finely balanced.

1.2.       Establishment of Committees

In accordance with Clause (9)(3) of the Local Government (Auckland Council) Act 2009 the Mayor has the power to establish the committees of the governing body and appoint the chairperson of each committee of the governing body before the other members of the committees are determined.

Committee includes, in relation to the Governing Body:-

(a)           A committee comprising all the members of the Governing Body;

(b)           A standing committee or special committee appointed by the Governing Body;

(c)           A standing committee or special committee appointed by the Mayor;

(d)           A joint committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002;

(e)           Any subcommittee, or reporting committee, of a committee described in items (a) (b), (c) or (d) of this definition; and

(f)            A subordinate decision-making body.

Independent Maori Statutory Board:  Promotes issues of significance for mana whenua groups and mataawaka of Tāmaki Makaurau and ensures council compliance with statutory provisions relating to the Treaty of Waitangi.  Appointees represent the Board on various committees and are included in the quorum.

Other Bodies:  Also included in this document are other bodies set up by council or by statute that assist council with its decision-making.

Other Entities:  For completeness, other panels and political groups are listed.

Panels - The role of a panel is to inform the Council.  Panels have no decision-making role. 

Independently-chaired Panels are as follows:

·    Pacific Peoples Advisory Panel

·    Ethnic Peoples Advisory Panel

·    Youth Advisory Panel

·    Disability Strategic Advisory Panel

·    Seniors Advisory Panel

·    Business Advisory Panel

·    CBD Advisory Board 

Panels chaired by a councillor:

·    Rural Advisory Panel

·    Heritage Advisory Panel

Quorum :  Unless otherwise specified a quorum is defined as a half, if the total number of meetings is even, or a majority, if the total of the members:

·              Ex officio members are not included in calculating the quorum but are counted towards the quorum when present;  this reflects the expectation that ex officio members will not always be able to attend all committees and forums but have full voting rights when present;

·              Appointed members are included in calculating the quorum and are counted towards the quorum when present; this reflects the expectation that appointed members will attend those committees to which they are appointed; and

·              Vacancies are not included in calculating the quorum.

.

1.3.       Ambiguity and Conflict

In the event of ambiguity or conflict between the provisions of the Terms of Reference, which result in uncertainty or dispute as to which Committee or Local Board has the allocated or delegated authority to act in respect of a particular matter, the Chief Executive will prepare a written report and submit it to the Mayor (or the Deputy Mayor in the absence of the Mayor) for consideration and determination.  The decision of the Mayor (or Deputy Mayor) will be final and binding.

If neither the Mayor nor the Deputy Mayor are available, the decision of the Chief Executive will be final and binding.

1.4.       Roles of Mayor, Governing Body and Local Boards

Role of the mayor

The mayor’s role is to:

·          articulate and promote a vision for Auckland and to provide leadership to achieve that vision.

·          lead the development of council plans, policies and budgets (including the annual plan and long-term plan)

·          ensure effective engagement between Auckland Council and the people of Auckland

·          appoint the deputy mayor

·          establish committees of the governing body and appoint the chairperson for each of those committees.

Role of the governing body

The governing body focuses on the big picture and on Auckland-wide strategic decisions.

The role of the governing body includes:

·          governance decisions on Auckland-wide activities (such as regional facilities and regional events)

·          regulatory activities of Auckland Council (such as the Unitary Plan, resource and building consents, and bylaws)

·          setting regional strategies, policies and plans (such as the Auckland Plan, Auckland’s Economic Development Strategy, and the Waste Management and Minimisation Plan)

·          emergency management, including rural fire services

·          ensuring compliance with the financial management requirements of the Local Government Act 2002 (including the annual plan, the long-term plan, financial policies and rating)

·          buying and selling assets

·          governance of council-controlled organisations (CCOs)

·          appointment of the chief executive

·          delegations of Governing Body responsibilities to the chief executive

·          setting transport objectives and transport funding for Auckland

Before making a decision on any of the above, the Governing Body must consider any views and preferences expressed by affected local boards.

Role of local boards

Local boards have a significant and wide ranging role; they make decisions on local matters, provide local leadership and build strong local communities.  Local boards have a strong connection to their communities and play an important role in shaping the place that they have been elected to serve.  There are three ways that legislation gives decision‑making responsibilities to local boards:

·              directly by legislation; 

·              by allocation from the governing body, in the case of non‑regulatory activities; and

·              in the case of regulatory activities, by delegation from the governing body.

Terms of Reference

These Terms of Reference provide for the allocation of the Governing Body’s responsibilities to its committees and are to be interpreted in the context of the shared decision-making responsibilities between local boards and the Governing Body. They do not replace the allocated decision-making of local boards.

Local boards are responsible for:

·              decisions on non-regulatory local activities as allocated by the Governing Body through the Long Term Plan process, for which local boards are fully autonomous and accountable to their communities;

·              adopting local board plans every three years in consultation with their communities and monitoring progress in relation to the Local Board Plan.

·              negotiating annual local board agreements with the governing body and monitoring local board agreements;

·              identifying community preferences and priorities, representing their communities and building strong local communities;.

·              engaging with and advocating on behalf of their communities;

·              identifying and communicating the interests and preferences of local people on the content of regional strategies, policies, plans and bylaws to the governing body.

·              providing input to CCO plans and initiatives;

·              identifying and developing bylaws for the local board area and proposing them to the governing body;

·              collaborating with other local boards if their communities will be better served by doing so

·              undertaking any additional responsibilities delegated by the governing body or Auckland Transport.

·              making delegations to the Chief Executive that relate to the responsibilities of local boards

 


 

2.      Governing Body

Terms of Reference

Those powers which cannot legally be delegated:

(a)           the power to make a rate; or

(b)           the power to make a bylaw; or

(c)           the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or

(d)           the power to adopt a long term plan, annual plan, or annual report; or

(e)           the power to appoint a Chief Executive; or

(f)            the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or

(g)           the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

(a)           Approval of a draft long term plan or draft annual plan prior to community consultation

(b)           Approval of a draft bylaw prior to community consultation   

(c)           Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)           Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)           Relationships with the Independent Maori Statutory Board, including the funding agreement and appointments to committees.

(f)            Approval of the Unitary Plan

(g)           Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 

 

 

3.    COMMITTEES OF THE WHOLE OF THE GOVERNING BODY

 

3.1.       FINANCE AND ORGANISATIONAL PERFORMANCE COMMITTEE

Terms of Reference (Delegations)

Responsibilities

This committee will be responsible for monitoring overall financial management and the performance of the council parent organization and the financial monitoring of the Auckland Council Group. It will also make financial decisions required outside of the annual budgeting processes. Key responsibilities include:

·          Financial management

·          Approval of non-budgeted expenditure

·          Write-offs

·          Acquisition and disposal of property relating to the Committee’s responsibilities

·          Monitoring achievement  of  financial and other measures of  performance and service levels

·          Recommending the Annual Report to the Governing Body

 

Powers

(i)            All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)     where the committee’s responsibility is limited to making a recommendation only

 (ii)          Approval of a submission to an external body

(iii)          Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv)          Power to establish subcommittees.

 

Reporting Committees established by the Mayor (refer Section 4 for details)

Tenders and Procurement Committee

This Committee will ensure sound probity procedures are followed in relation to procurement and will consider tenders beyond the delegation of the Chief Executive.

 


Finance and Organisational Performance Committee

Membership

Chairperson:                                                    Cr Penny Webster
Deputy Chairperson:                                     Cr Ross Clow

 

Members:                                                          

 

 

 

 

 

 

IMSB appointees (s 85 (1)):
                                                                                                                                

Quorum:                                                         11      

Frequency of meetings               Monthly


 

3.2.       LONG TERM AND ANNUAL PLAN COMMITTEE

Terms of Reference (Delegations)

Responsibilities

Development of the Long Term Plan and Annual Plans under the chairmanship of the Mayor who leads these processes including:

·    Local Board agreements

·    Local Board Funding Policy

·    Financial Policy related to LTP and AP (recommendation to the Governing Body)

·    Setting of rates (recommendation to the Governing Body)

·    Draft LTP and Annual Plan prior to community consultation

·    Development contributions policy

Powers

(i)            All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)     where the committee’s responsibility is explicitly limited to making a recommendation only

 (ii)          Approval of a submission to an external body

(iii)          Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv)          Power to establish subcommittees.

(v)           Power to establish panels for the purpose of hearing submissions.

Reporting Committees established by the Mayor

LTP and Annual Plan Hearings Panels Committee

Establishment and overview of panels set up for the purpose of conducting the hearings of submissions to the LTP and Annual Plan


Membership

Chairperson:                                                    Mayor Len Brown
Deputy Chairperson:                                     Cr Penny Webster

 

Members:                                                          

IMSB appointees (s 85 (1)):                         

Quorum:                                                         11

Frequency of Meetings:                   As required


 

3.3.       REGIONAL STRATEGY AND POLICY COMMITTEE

Terms of reference (Delegations)

Responsibilities

This committee will deal with all strategy and policy decision-making that is not the responsibility of another committee or the Governing Body i.e. strategies and policies associated with environmental, social, economic and cultural activities. Key responsibilities will include:

·          Final approval of strategies and policies not the responsibility of other committees or the Governing Body

·          Setting/ approving policy work programme for Reporting Committees

·          Overviewing strategic projects, for example, the Southern Initiative (except those that are the responsibility of the Urban and Rural Development Committee)

·          Operational matters including:

Acquisition and disposal of property relating to the committee’s responsibilities

Stopping of roads

Public Works Act matters

Powers

(i)            All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)     where the committee’s responsibility is limited to making a recommendation only

 (ii)          Approval of a submission to an external body

(iii)          Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv)          Power to establish subcommittees.

 

Reporting Committees established by the Mayor (refer Section 4 for details)

The reporting committees set out below are aligned to the Auckland Plan strategic directions and will operate as follows:

·          Policy work programme approved by Regional Strategy and Policy Committee

·          Full powers within each reporting committee’s area of responsibility except:

§ Approving expenditure that is not contained within approved budgets

§ Approving expenditure of more than $2 million

§ Approving final policy

§ Deciding significant matters for which there is high public interest and which are controversial

§ Deciding matters that are the responsibility of the Governing Body, another committee or a local board

·          Act as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards.

·          Standing orders for these committees will be reviewed to facilitate informality.

·          The meeting cycle will be six-weekly to allow sufficient meeting time in the council calendar.

Reporting committees:

·        Arts, Culture and Events

·        Parks, Recreation and Sport

·        Environment, Climate Change and Natural Heritage

·        Community Development, Safety and Social Infastructure

·        Economy – Rural and Urban

 

Membership

Chairperson:                                                    Cr George Wood
Deputy Chairperson:                                     Cr Arthur Anae

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

 

                                                                              

Quorum:                                                         11

Frequency of Meetings                     Monthly


 

3.4.       URBAN AND RURAL DEVELOPMENT COMMITTEE

Terms of Reference (Delegations)

Responsibilities

This committee will guide the physical development and growth of Auckland through a focus on land use planning, housing and the appropriate provision of infrastructure and strategic projects associated with these activities. Key responsibilities include:

·    Unitary Plan

·    Plan changes to operative plans

·    Designation of Special Housing Areas

·    Housing policy and projects including Papakainga housing

·    Spatial Plans including Area Plans

·    City centre development (incl reporting of CBD advisory board) and city transformation projects

·    Tamaki regeneration projects

·    Built Heritage

·    Urban design

Powers

(i)            All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)     where the committee’s responsibility is explicitly limited to making a recommendation only

 (ii)          Approval of a submission to an external body

(iii)          Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv)          Power to establish subcommittees.

 

Reporting Committees established by the Mayor (refer Section 4 for details)

Unitary Plan Committee

A committee that will give direction to officers on matters associated with the Unitary Plan including:

·          Council’s submission to the UP (final sign off with parent committee)

·          Response to matters raised by the submission process

·          Pre-hearing mediation

Substantive issues of policy require approval by the parent committee.

 

 

Physical Infrastructure committee

Overview the strategic direction and key projects of Auckland Transport, Watercare and Stormwater department to ensure alignment with the growth of Auckland and the Unitary Plan

 

Membership

Chairperson:                                                    Cr Penny Hulse
Deputy Chairperson:                                     Cr Chris Darby

 

Members:                                                          

 

 

 

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         11

Frequency of Meetings:                   Monthly


 

4.    REPORTING COMMITTEES

4.1.       ARTS, CULTURE AND EVENTS COMMITTEE

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·         Arts projects and programmes including public art

·         Events that recognise Auckland’s many cultures

·         Building capacity in the arts sector

·         Facilitating partnerships and collaborative funding models across the arts, cultural and events sectors

Responsibilities

Within the specified area of activity the Committee is responsible for:

·         In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·         Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·        Making decisions within delegated powers

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

 (b)          where the Committee’s responsibility is limited to making a recommendation only

(g)           where a matter is the responsibility of another committee or a local board

 (c)          the approval of expenditure that is not contained within approved budgets

(d)           the approval of expenditure of more than $2 million

(e)           the approval of final policy

(f)            deciding significant matters for which there is high public interest and which are controversial

(g)           the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee

 


Membership

Chairperson:                                                    Cr Alf Filipaina
Deputy Chairperson:                                     Cr John Watson

 

Members:                                                          

 

 

 

 

IMSB appointees (s 85 (2)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly


 

4.2.       COMMUNITY DEVELOPMENT, SAFETY AND SOCIAL INFRASTRUCTURE

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·        Projects and programmes related to children and young people

·        Regional frameworks for local community facilities

·        Social implications of housing and accessibility (e.g. homelessness, provision of  emergency housing, disability accessible housing) including operation of the council’s social housing

·        Projects and programmes focused on specific sectors of the community e.g. seniors, migrants

·        Safety and related community issues e.g. alcohol, graffiti, family violence, commercial sex and injury prevention

·        Facilitating partnerships and collaborative funding models across the community sector

Responsibilities

Within the specified area of activity the Committee is responsible for:

·         In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·         Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·    Making decisions within delegated powers

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

 (b)          where the Committee’s responsibility is limited to making a recommendation only

(g)           where a matter is the responsibility of another committee or a local board

 (c)          the approval of expenditure that is not contained within approved budgets

(d)           the approval of expenditure of more than $2 million

(e)           the approval of final policy

(f)            deciding significant matters for which there is high public interest and which are controversial

(g)           the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee

 

Membership

Chairperson:                                                    Cr Cathy Casey
Deputy Chairperson:                                     Cr Sir John Walker

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (2)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly


 

4.3.       ECONOMY – RURAL AND URBAN

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·          Providing strategic oversight and direction to economic development in Auckland

·                    Management, monitoring and reporting on of the performance of Auckland’s economy and the coordination of Auckland’s Economic Development Strategy

·          Proposing, supporting and reviewing strategic projects and programmes which will deliver on Auckland’s Economic Development Strategy

·          Facilitating partnerships and collaborative funding models to support economic development initiatives

·          Providing a point of engagement for the Council with the government, business and business organisations and local economic development agencies in relation to all economic policy and strategy matters

·          Evaluating the balance of economic development policies, programmes and initiative across Auckland and ensuring an appropriate balance between rural and urban opportunities

Responsibilities

Within the specified area of activity the Committee is responsible for:

·         In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·         Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·    Making decisions within delegated powers

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

 (b)          where the Committee’s responsibility is limited to making a recommendation only

(g)           where a matter is the responsibility of another committee or a local board

 (c)          the approval of expenditure that is not contained within approved budgets

(d)           the approval of expenditure of more than $2 million

(e)           the approval of final policy

(f)            deciding significant matters for which there is high public interest and which are controversial

(g)           the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee

Membership

Chairperson:                                                    Cr Arthur Anae
Deputy Chairperson:                                     Cr Ross Clow

 

Members:                                                          

 

 

 

 

 

IMSB appointees (s 85 (2)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly

 


 

4.4.       ENVIRONMENT, CLIMATE CHANGE AND NATURAL HERITAGE

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·    Management and monitoring of Auckland’s bio-diversity and eco-systems including natural hazards

·    Sustainability frameworks for natural resource management

·    Projects and programmes to deliver on energy management and climate change targets

·    Environmental initiatives including coastal and freshwater management

·    Implementation of the Waste Management and Minimisation Plan

·    Facilitating partnerships and collaborative funding models to support environmental initiatives

Responsibilities

Within the specified area of activity the Committee is responsible for:

·         In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·         Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·    Making decisions within delegated powers

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

 (b)          where the Committee’s responsibility is limited to making a recommendation only

(g)           where a matter is the responsibility of another committee or a local board

 (c)          the approval of expenditure that is not contained within approved budgets

(d)           the approval of expenditure of more than $2 million

(e)           the approval of final policy

(f)            deciding significant matters for which there is high public interest and which are controversial

(g)           the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee


Membership

Chairperson:                                                    Cr Wayne Walker
Deputy Chairperson:                                     Cr Linda Cooper

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly


 

4.5.       PARKS, RECREATION AND SPORT

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·        Provision of regional facilities and open space

·        Regional frameworks for local facility and open space provision

·        Encouraging healthy lifestyles through participation in sport and recreation sectors

·        Facilitating partnerships and collaborative funding models across the sport and recreation sectors

·        Performing the delegation made by the Governing Body to the former Parks, Recreation and Heritage Forum,  under resolution GB/2012/157 in relation to the Dog Policy

 

Responsibilities

Within the specified area of activity the Committee is responsible for:

·         In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·         Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·    Making decisions within delegated powers

 

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

 (b)          where the Committee’s responsibility is limited to making a recommendation only

(g)           where a matter is the responsibility of another committee or a local board

 (c)          the approval of expenditure that is not contained within approved budgets

(d)           the approval of expenditure of more than $2 million

(e)           the approval of final policy

(f)            deciding significant matters for which there is high public interest and which are controversial

(g)           the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee


Membership

Chairperson:                                                    Cr Chris Fletcher
Deputy Chairperson:                                     Cr Calum Penrose

 

Members:                                                          

 

 

 

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly


 

4.6.       PHYSICAL INFRASTRUCTURE COMMITTEE

Terms of Reference (Delegations)

Parent committee:      Urban and Rural Development Committee

Responsibilities

Overview and provide feedback on key infrastructure plans and projects relating to transport, water, wastewater and stormwater.

Provide strategic direction to guide development of transport, water, wastewater and stormwater strategies.

Consider views of Local Boards, public and stakeholders in relation to physical infrastructure.

Make recommendations to the parent committee to ensure:

·          alignment with the growth of Auckland, the Unitary Plan and the outcomes sought in the Auckland Plan and Local Board Plans

·          alignment of the Regional Land Transport Plan and Integrated Transport Plan with the council’s strategic direction

·          alignment of water, wastewater and stormwater strategies with the council’s strategies and plans

·          asset management plans for physical infrastructure support the Unitary Plan and other relevant council plans and policies

·          council input to legislative changes, central government policies and plans and key infrastructure projects

Powers

All powers necessary to perform the Committee’s responsibilities.

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)           where the Committee’s responsibility is limited to making a recommendation only

Membership

Chairperson:                                                    Cr Mike Lee
Deputy Chairperson:                                     Cr Chris Darby

 

Members:                                                          

 

 

 

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Six-weekly


 

4.7.       TENDERS AND PROCUREMENT COMMITTEE

Terms of Reference (Delegations)

Parent committee:      Finance and Organisational Performance Committee

 

Responsibilities

The Committee is established to assist the Chief Executive to undertake the management procedure of ensuring sound probity procedures are followed in relation to procurement of goods and services necessary to deliver on the work programme and operations outlined in Council’s adopted Annual plan. 

It will ensure that reasonable purchasing procedures have been followed in awarding contracts and will provide an efficient mechanism for documenting the approvals for those contracts. 

Within a framework where contracts are an operational matter delegated to the Chief Executive, this Committee will consider all tenders beyond the Chief Executive’s financial delegations.  The Chief Executive may refer contracts within his financial delegations which are sensitive or may impact on the reputation of the Council.

The Committee will have responsibility for:

·              Awarding of contracts greater than $7.5 million; and

·              Awarding of contracts less than $7.5 million which are sensitive or may impact on the reputation of the Council where the Chief Executive refers the matter to the Committee;

·              Oversight over the tendering and procurement process and procedures of the Governing Body and local board; and

·              Developing a tendering and procurement strategy as policy for recommendation to the Governing Body for adoption.

From time to time the Committee may advise the Chief Executive and Council on changes to the Procurement and Contracts probity procedures.

Powers

All powers necessary to perform the Committee responsibilities.

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)           where the Committee’s responsibility is limited to making a recommendation only

(c)           where the Committee’s responsibility sets out financial limitations

 


Membership

Chairperson:                                                    Cr Dick Quax
Deputy Chairperson:                                     Cr Denise Krum

 

Members:                                                          

 

 

 

 

 

 

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Fortnightly


 

4.8.       UNITARY PLAN COMMITTEE

Terms of Reference (Delegations)

Parent committee:      Urban and Rural Development Committee

Responsibilities

A committee that will give direction to officers on matters associated with the Unitary Plan including:

·          Council’s submission to the UP (final sign off with parent committee)

·          Response to matters raised by the submission process

·          Pre-hearing mediation

Substantive issues of policy require approval by the parent committee.

Powers

All powers necessary to perform the Committee’s responsibilities.

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)           where the Committee’s responsibility is limited to making a recommendation only

 

Membership

Chairperson:                                                    Cr Alf Filipaina
Deputy Chairperson:                                     Cr Penny Hulse

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               As required and potentially at short notice


 

5.      OTHER COMMITTEES

5.1.       AUDIT AND RISK COMMITTEE

Terms of reference (Delegations)

The Audit and Risk Committee will be responsible for:

·              Providing objective advice and recommendations to the Governing Body regarding the sufficiency, quality and results of assurance on the adequacy and functioning of the council’s risk management, control and governance frameworks and processes.

·              Exercising active oversight of all areas of Auckland Council control and accountability (including Council Controlled Organisations), in an integrated and systematic way, such that the results of risk and assurance reviews and external audits may be incorporated in the priority-setting and strategic planning processes.

·              Liaison with Audit NZ and, where necessary, the audit committees of CCO’s to ensure robust financial audits and reviews of the Auckland Council group

 

Membership

Chairperson:                                                    Cr Sir John Walker
Deputy Chairperson:                                    
Cr Cathy Casey

Members:                                                          

External appointee:                                       

Ex officio:                                                          

Quorum:                                                        Half or majority (see 1.2 Quorum )

Frequency of Meetings                Quarterly


 

5.2.       CCO GOVERNANCE AND MONITORING COMMITTEE

Terms of Reference (Delegations)

Responsibilities

The committee will undertake the Auckland Council’s responsibilities for CCO’s through:

·          Setting policy relating to CCO governance

·          Director appointments

·          Approving SOIs

·          Monitoring performance

The committee will also have responsibility for the over sight of, and making appointments to, Council Organisations and exempt CCOs and COs

 

Powers

(i)            All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)     where the committee’s responsibility is limited to making a recommendation only

(ii)           Power to establish subcommittees.

 

Membership

Chairperson:                                                    Cr Penny Hulse
Deputy Chairperson:                                     Cr Calum Penrose

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Monthly


 

5.3.       CEO REVIEW COMMITTEE

 

Terms of Reference (Delegations)

Responsibilities

The Chief Executive Review Committee is established to review the Chief Executive’s performance and to recommend to the Governing Body the terms and conditions of the CE’s employment including any performance agreement measures and annual remuneration.

 

Powers

All powers necessary to perform the Committee’s responsibilities.

Except:

(a)           powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)           where the Committee’s responsibility is limited to making a recommendation only

 

Membership

Chairperson:                                                    Cr Chris Fletcher
Deputy Chairperson:                                     Mayor Len Brown

 

Members:                                                          

 

 

 

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Quarterly


 

5.4.       CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP COMMITTEE

Terms of reference (Delegations)

The Civil Defence Emergency Management Group Committee will be responsible for:

·              Being Auckland’s strategic forum for civil defence and emergency management planning and policy;

·              Establishing an emergency management structure for the Auckland region;

·              Develop, approve, implement and monitor the Auckland Civil Defence Emergency Management Group Plan;

·              Performing the statutory functions of a civil defence emergency management group;

·              Representing Auckland in the development of national emergency management policy;

·              Developing policy for, and monitoring, the Auckland Council’s civil defence, emergency management and natural hazards functions; and

·              Engaging with Local Boards on civil defence and emergency management issues.

The Civil Defence Emergency Management Group Committee will exercise the statutory powers outlined in the Civil Defence Emergency Management Act 2002 and the Auckland Civil Defence Emergency Management Group Plan.

The Civil Defence Emergency Management Group Committee is authorised to approve use of the established emergency funding facility provided for emergency management.

Relevant legislation includes but is not limited to:

Civil Defence Emergency Management Act 2002; and
Hazardous Substances and New Organisms Act 1996.

Membership

Chairperson:                                                    Cr Sharon Stewart
Deputy Chairperson:                                     Cr Bill Cashmore

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (2)):

                                                                              

Quorum:                                                         3

Frequency of meetings               Quarterly


 

5.5.       HEARINGS COMMITTEE

Terms of reference (Delegations)

The Hearings Committee will have responsibility for:

·              Decision making (including through a hearings process) under the Resource Management Act 1991 and related legislation;

·              Hearing and determining objections under the Dog Control Act 1996;

·              Decision making under the Sale and Supply of Alcohol Act 2012

·              Hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002.  This delegation cannot be sub-delegated;

·              Hearing and determining matters arising under bylaws, including applications for dispensation from compliance with the requirements of bylaws;

·              Receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Hearings Committee;

·              Receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing;

·              Monitoring the performance of decision makers including responding to complaints made about decision makers;

·              Where decisions are appealed or where the Hearings Committee decides that the Council itself should appeal a decision, directing the conduct of any such appeals; and

·              Adopting a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision making” is used to encompass a range of decision making processes including through a hearing.  “Decision making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision making.

In adopting a policy or policies and making any sub-delegations, the Hearings Committee must ensure that it retains oversight of decision making under the Resource Management Act 1991 and that it provides for Councillors to be involved in decision making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the Chief Executive’s Delegations Register) to hearings commissioners and staff relating to decision making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Hearings Committee.

Relevant legislation includes but is not limited to:

Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;
Fencing of Swimming Pools Act 1987;
Gambling Act 2003;
Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.

Membership

Chairperson:                                                    Cr Linda Cooper
Deputy Chairperson:                                     Cr Penny Webster

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         3

Frequency of meetings               Fortnightly


 

 

5.6.       REGULATORY AND BYLAWS COMMITTEE

Terms of reference (Delegations)

The Regulatory and Bylaws Committee will be responsible for:

·              Considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including  to Local Boards);

·              Regulatory fees and charges in accordance with the funding policy;

·              Recommend bylaws to Governing Body for special consultative procedure;

·              Appointing hearings panels for bylaw matters;

·              Review Local Board and Auckland water organisation proposed bylaws and recommend to Governing Body;

·              Set regulatory policy and controls, and maintain an oversight of regulatory performance;

·              Engaging with local boards on bylaw development and review; and

·              Exercising the Council's powers, duties and discretions under the Sale of Liquor Act 1989 and the Sale and Supply of Alcohol Act 2012

Relevant legislation includes but is not limited to:

 

Local Government Act 2002;
Resource Management Act 1991;

Local Government (Auckland Council) Act 2009;

Health Act 1956;

Dog Control Act 1996;

Waste Minimisation Act 2008;

Land Transport Act 1994;

Maritime Transport Act 1994;
Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012; and
All Bylaws.

Membership

Chairperson:                                                    Cr Calum Penrose
Deputy Chairperson:                                     Cr Denise Krum

 

Members:                                                          

 

 

 

IMSB appointees (s 85 (1)):

                                                                              

Quorum:                                                         Half or majority (see 1.2 Quorum )

Frequency of meetings               Monthly

 

6.      JOINT COMMITTEES

6.1.       HAURAKI GULF FORUM

Terms of reference (Delegations)

The purpose of the Forum is established in Section 15 of the Hauraki Gulf Marine Park Act 2000 to:

·              Integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand;

·              Facilitate communication, cooperation, and coordination on matters relating to the statutory functions of the constituent parties in relation of the Hauraki Gulf, its islands and catchments and the Forum; and

·              Recognise the historic, traditional, cultural and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and where appropriate, its catchments.

Relevant legislation includes but is not limited to:

Hauraki Gulf Marine Park Act 2000

Membership

Chairperson:                                                   
Deputy Chairperson:                                    

Members (Governing Body):                      Cr Bill Cashmore
Cr Chris Darby
Cr Chris Fletcher
Cr Mike Lee
Cr Wayne Walker

Alternate (Governing Body):                       Cr Linda Cooper

 

The representatives appointed must:

a)            be members of:

i)             the Auckland Council; or

ii)            a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and

b)            include 1 member of each of the Great Barrier Island and Waiheke local boards.

 

Quorum:                                                             11

Frequency of Meetings                Quarterly or as determined by the Forum


 

7.      Panels

[To be completed]

 

 

 

 

 

8.      AUCKLAND AMBASSADOR

Role:

·              To ensure that Auckland is well represented to local people and visitors in terms of its strengths and what it offers in terms of lifestyle, business, sporting, cultural and tourism opportunities;

·              To represent the Auckland Council and champion its initiatives to the people of Auckland and to visitors from outside the region and outside New Zealand;

·              Within the scope of and as appropriate to the role, to act as spokesperson for the Mayor and the Auckland Council Governing Body; and

·              To carry out such tasks as reasonably requested from time to time by the Mayor and /or the Governing Body of the Auckland Council.

The Auckland Ambassador will take a leadership in issues affecting youth in the region.

The Ambassador will be Council’s elected representative dealing with sporting matters.  This will include seeking and assisting with business and promotional opportunities arising from sporting events and contacts.

There will be a key requirement to communicate the Auckland Council’s views to local and external stakeholders and to the people of Auckland, as well as reporting the views of these stakeholders back to the Council.

Ambassador:

Sir John Walker


Governing Body

07 November 2013

 

 

Membership of committees

 

File No.: CP2013/25227

 

  

 

Purpose

1.       To appoint members to committees.

Executive Summary

2.       At the Governing Body on 29 October 2013 His Worship the Mayor reported his committee structure and chairpersons.

3.       A workshop is being held with councillors on 5 November 2013 to discuss committee membership.

4.       A supplementary report will be tabled at this meeting as a result of that workshop, containing proposals for committee membership.

 

Recommendation/s

That the Governing Body:

a)      receive and consider the supplementary report.

 

 

 

Attachments

There are no attachments for this report.     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 


Governing Body

07 November 2013

 

 

Meeting schedule - November, December 2013

 

File No.: CP2013/25226

 

  

 

Purpose

1.       To adopt the schedule of meetings for the remainder of the year.

Executive Summary

2.       A meeting schedule has been drawn up which ensures each committee meets once prior to the end of the year, apart from the Civil Defence Emergency Management Group Committee and the CEO Review Committee, which have previously met quarterly and will meet in the new year. The Hearings, Unitary Plan and Tenders and Procurement Committees meet twice.

3.       The schedule is contained in Attachment A.

4.       A calendar view of all known committee, workshop, and panel meetings is contained in Attachment B for information.  This includes meetings whose meeting times are set by other groups but which are attended by councillors.

5.       The Governing Body is meeting twice in November and again on 19 December 2013.  Provision has not been made for a Governing Body meeting in the final week of November in order that meetings of committees of the whole may commence in November.

6.       The Mayor’s report on the committee structure requires meetings to be held within the Tuesday to Thursday timeframe, except for November.  Nevertheless, every effort has been made to keep formal meetings and workshops within this timeframe. 

 

Recommendation/s

That the Governing Body:

a)      approve the schedule of meetings for November and December 2013 as contained in Attachment A to the agenda report.

b)      delegate to the Manager Democracy Services the authority to make amendments and additions to the schedule, subject to consultation with the chair of any affected committee.

 

 

 

Attachments

No.

Title

Page

a

Schedule of Meetings for November and December 2013

57

b

Calendar View

59

     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 



Governing Body

07 November 2013

 

 

Schedule of meetings for November and December 2013

 

The venue for all meetings is the Auckland Town Hall

 

Date

Time

Meeting

21 November

9.30 am

Long Term Plan Committee

26 November

8.30 am

Tenders and Procurement Committee

26 November

10.00 am

Hearings Committee

26 November

1.00 pm

Unitary Plan Committee

28 November

9.30 am

Urban and Rural Development Committee

3 December

9.30 am

Regulatory and Bylaws Committee

3 December

1.00 pm

CCO Governance and Monitoring Committee

4 December

9.30 am

Arts, Culture and Events Committee

4 December

1.00 pm

Physical Infrastructure Committee

5 December

9.30 am

Regional Strategy and Policy Committee

10 December

8.30 am

Tenders and Procurement Committee

10 December

10.00 am

Hearings Committee

10 December

1.00 pm

Unitary Plan Committee

11 December

9.30 am

Parks, Recreation and Sport Committee

11 December

1.00 pm

Environment, Climate Change and Natural Heritage Committee

11 December

9.30 am

Parks, Recreation and Sport Committee

11 December

1.00 pm

Environment, Climate Change and Natural Heritage Committee

12 December

9.30 am

Finance and Organisational Performance Committee

17 December

9.30 am

Audit and Risk Committee

18 December

9.30 am

Economy – Rural and Urban Committee

18 December

1.00 pm

Community Development, Safety and Social Infrastructure Committee

19 December

10.00 am

Governing Body

12 December

9.30 am

Finance and Organisational Performance Committee

17 December

9.30 am

Audit and Risk Committee

19 December

10.00 am

Governing Body

 



Governing Body

07 November 2013

 

 

NOVEMBER 2013                                   GOVERNING BODY, COMMITTEES,  PANELS                                                

                                                           

Monday

Tuesday

Wednesday

Thursday

Friday

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

4

 

 

5

 

9.30am   Workshop - Committees

 

 

1.00pm   Workshop – Financial Briefing

 

 

 

6

 

10.00am CE Interviews

 

7

 

10.00am Governing Body

 

 

2.00pm   Workshop - SHAs

 

8

 

 

11

 

 

 

1.00pm   Workshop – Annual Plan

5.00pm   Ngati Whatua Orakei Reserves Board

 

12

 

 

 

 

 

 

13

 

 

 

14

 

10.00am Governing Body

 

 

2.00pm   Workshop – Annual Plan

 

 

15

LGNZ Zone 1 all day

 

18

 

10.00am   Disability Strategy Advisory Group

 

 

6.00pm     Youth Advisory Panel

 

19

 

9.30am   Unitary Plan briefing

 

 

 

5.45pm   Heritage Advisory Panel

 

20

 

10.30am Advancing Auckland’s Governance

 

 

21

AT Board

9.30am   Long Term Plan

(Annual Plan decisions)

 

 

22

 

9.30am   GB / LB chairs – Unitary Plan submission process

 

25

 

11.00am   Hauraki Gulf Marine Spatial Plan PSG

 

 

 

 

 

26

8.30 am    Tenders & Proc

10.00am   Hearings

 

 

1.00pm   Unitary Plan

 

 

27

 

10.00am Advancing Auckland’s Governance

 

 

3.00pm   CBD Advisory Board

 

28

 

9.30am   Urban & Rural Development

 

 

2.00pm   Workshop – Air Quality

 

29

 

 


 

DECEMBER 2013                                   GOVERNING BODY, COMMITTEES,  PANELS                                               

                                                           

Monday

Tuesday

Wednesday

Thursday

Friday

 

2

 

 

 

 

 

 

 

 

3

 

9.30am    Regulatory & Bylaws

 

 

1.00pm     CCO Governance & Monitoring

 

 

4

 

9.30am    Arts, Culture & Events

 

1.00pm   Physical Infrastructure

 

5

 

9.30am   Regional Strategy & Policy

 

2.00pm   Workshop – WMI Fund

 

6

 

 

9

AT Board

 

 

 

1.00pm  Hauraki Gulf Forum

 

10

8.30 am    Tenders & Proc

10.00am   Hearings

 

 

1.00pm     Unitary Plan

 

11

 

9.30am   Parks, Recreation & Sport

 

1.00pm   Environment, Climate Change & Natural Heritage

 

12

 

9.30am    Finance & Organisational Performance

 

2.00pm    Workshop - Auckland Energy and Low Carbon Action Plan

 

13

 

 

16

 

10.00am   Disability Strategy Advisory Group

 

 

 

6.00pm     Youth Advisory Panel

 

17

 

9.30am     Audit & Risk

 

1.00pm     Workshop– Local Boards Funding Policy Political WP

5.45pm     Heritage Advisory Panel

 

18

 

9.30am   Economy – Rural & Urban

 

1.00pm   Community Dev, Safety & Social Infrastructure

 

 

19

 

10.00am Governing Body

(Adopt Draft Annual Plan)

 

 

 

 

 

 

20

 

 

23

 

 

 

 

 

 

24

 

 

 

25

 

 

26

 

 

 

 

 

 

27

 

 

30

 

 

 

 

 

 

31

 

 

 

 

 

 

 

 

 

 

 

 

31

 

 

      

 


Governing Body

07 November 2013

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

That the Governing Body:

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       Appointment of Auckland Council Chief Executive

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, to enable the Governing Body to discuss candidates and to protect the identity of applicants.

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.