Amendments
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Date
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Amendment
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Entity
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Resolved
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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:
o Acquisition and disposal of
property relating to the committee’s responsibilities
o Stopping of roads
o 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
