I hereby give notice that an ordinary meeting of the Finance and Performance Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 12 December 2013

9:30am

Reception Lounge, Level 2
Auckland Town Hall
301-305 Queen Street
Auckland

 

Finance and Performance Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Cr Penny Webster

 

Deputy Chairperson

Cr Ross Clow

 

Members

Cr Anae Arthur Anae

Cr Calum Penrose

 

Cr Cameron Brewer

Cr Dick Quax

 

Mayor Len Brown, JP

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Member David Taipari

 

Cr Bill Cashmore

Member John Tamihere

 

Cr Linda Cooper, JP

Cr Sir John Walker, KNZM, CBE

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Hon Chris Fletcher, QSO

Cr George Wood, CNZM

 

Cr Penny Hulse

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

(Quorum 11 members)

 

 

 

Crispian Franklin

Democracy Advisor

 

9 December 2013

 

Contact Telephone: (09) 373 6205

Email: crispian.franklin@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

Responsibilities

 

This committee will be responsible for monitoring overall financial management and the performance of the council parent organisation 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 (see Governing Body responsibilities)

(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.

 

 

 


Finance and Performance Committee

12 December 2013

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        3

2          Declaration of Interest                                                                                                   3

3          Confirmation of Minutes                                                                                               3

4          Petitions                                                                                                                          3  

5          Public Input                                                                                                                    3

6          Local Board Input                                                                                                          3

6.1     Capital Works project - Chair Simon Randall, Maungakiekie-Tamaki Local Board                                                                                                                                 3

6.2     Potential acquisition in Birkdale - Chairperson Kay McIntyre and Deputy Chair Ann Hartley, Kaipatiki Local Board                                                                            3

7          Extraordinary Business                                                                                                3

8          Notices of Motion                                                                                                          3

9          Information System update                                                                                          3

10        Council communications and engagement

The report was not available at the time of print and will be distributed under a separate cover.

11        Auckland Council Performance Report September 2013                                         3

12        Resource Consent & Building Control Activity and Performance Update

The report was not available at the time of print and will be distributed under a separate cover.

13        Overview and update on Auckland Councils approach to borrowing                    3

14        Approval for Eden Park Trust redocumented ASB facility as an Approved Facility under the Security Enforcement Deed                                                                                   3

15        Te Tiriti o Waitangi Audit Response Work Programme 2013/14                             3

16        Quarterly Update: Business Improvements to identify Auckland Council contributions to Maori outcomes

This report was not available at the time of print and will be distributed under a separate cover.

  

17        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

18        Procedural Motion to Exclude the Public                                                                   3

C1       Monthly Budget Update

This report was not available at the time of print and will be distributed under a separate cover.

 

C2       Potential acquisition in Birkdale  

The report was not available at the time of print and will be distributed under a separate cover.

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          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.

 

3          Confirmation of Minutes

 

4          Petitions

 

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

 

5          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.

 

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

 

6          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.

 

6.1       Capital Works project - Chair Simon Randall, Maungakiekie-Tamaki local Board

Purpose

Chairperson Simon Randall, Maungakiekie-Tamaki Local Board will be speaking to the Committee regarding the capital works project.

 

Recommendation

That the Finance and Performance Committee:

a)      thank Chairperson Simon Randall, Maungakiekie-Tamaki Local Board for his presentation.

 

 

 

6.2       Potential acquisition in Birkdale - Chairperson Kay McIntyre and Deputy Chair Ann Hartley, Kaipatiki Local Board

Purpose

Chairperson Kay McIntyre and Deputy Chair Ann Hartley, Kaipatiki Local Board will be speaking to the Committee regarding a potential acquisition in Birkdale.

 

Recommendation

That the Finance and Performance Committee:

a)      thank the Chairperson KayMcIntyre and Deputy Chair Ann Hartley, Kaipatiki Local Board for their presentation.

 

 

 

7          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.”

 

8          Notices of Motion

 

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

 


Finance and Performance Committee

12 December 2013

 

Information System update

 

File No.: CP2013/28318

 

  

 

Purpose

1.       To inform Elected Members of the current progress in the rationalisation of council’s technology environment

Executive Summary

2.       The ATA delivered a relatively small programme of change across the organization’s technology environment.  Since November 2010, Auckland Council has put in place a measured programme of change.  Technology is critical to the operational services delivered across council.  To achieve this, the consolidation programme, and associated capital investment needed, has been prioritised based on six key criteria:

·    Improvements to  customer service

·    Mitigation of  risk

·    Increase the capacity or capability of our people

·    Meet regulatory and legislative requirements

·    Create cost efficiencies, and

·    Support the external council strategy

 

3.       There are a number of significant pieces of work underway at the moment.

·    NewCore

·    Desktop Programme

·    Data Centre Consolidation

·    Asset Management - Stormwater

 

 

Recommendation/s

That the Finance and Performance Committee:

a)      note the significant business improvement programme being delivered across council, and the key contribution information technology change is making to that programme

 

 

Discussion

Background and Approach

4.       Through the transition period of the ATA the technology systems implemented were established to maintain operational services on the inception of Auckland Council in November 2010.

5.       The work programme delivered the following core services:

6.       Business Related

·    Consolidated Financial Planning and Report    

·    Consolidated Finance/ Procurement/ HR/ Payroll 

·    Complaints Management 

·    Records & Document Management 

·    Internal Telephone Directory Services

·    Intranet

·    Telephony Service to support Customer Service interactions

·    Auckland Council Website  (including rebranding of current sites)

·  Health & Safety Management solution

·    Recruitment solution

7.       In order to support this, the following core infrastructure technologies were also delivered

·  Integrated Computer Network across the region and at a local site level allowing for access of all systems irrespective of staff location

·    Printing capability across all locations

·    End User Security

·    Single Auckland Council Email system

·    IS Service Support functions

Issue / Fault Management

Technology Change Management

 

8.       As the ATA did not have the mandate to neither rationalize, nor remediate any key council functions except accounts payable, all operational systems were maintained in their then current state until the Auckland Council could develop its ongoing technology architecture and long term options for technology rationalisation.

9.       As a consequence of this the technology landscape remained largely unchanged from the previous legacy council configurations as illustrated below.

 

High level view of Day 1 systems

10.     At present, the Information Services team maintains over 5000 different applications, utilized across all business functions of Auckland Council and CCOs.  Evaluation of which applications will be employed longer term as part of a rationalisation programme has been determined and programmes of activity are now underway to rationalize the number of applications utilized.

 

11.     Where technologies can be expanded from their legacy TLA user base, subject to functional fit and compatibility to the organisational technology standards, they will be used.  Those chosen applications will then be re-configured to accommodate the needs of the wider organisation, and additional licences and services will be acquired if necessary.

12.     To prioritise where to begin to consolidate and improve our technical environment, council has developed the risk framework below:

Risk Framework

13.     There are two elements to council’s capital expenditure technology programme over the next ten years.  The first involves keeping both software and hardware up-to-date and working our renewal programme.  This is done in conjunction with our second element, our change programme, which sees software and hardware consolidated and improved.  Over time, our focus will move to the latter, with our new technology platform established. 

Title: Capital Expenditure Programme

[1] Note: The capex budget is split into four portfolios

 

Auckland Plan Enablement – delivery of work related to the delivery of the Auckland plan

Enterprise process and systems (Transformation) – delivery of work related to organizational wide technology systems consolidation activity

IS operations stability and lifecycle – core infrastructure technology consolidation and lifecycle refreshment

Business Enablement – delivery of work related to individual business unit technology systems consolidation activity.

 

Change Programme

14.     Detailed below are overviews of the four key change programmes of activity.

NewCore (Rates and Regulatory Services and Customer Management)

Scope

·  This programme is a key part of Auckland Council’s journey towards delivering the value of one Council, and a transformed customer experience. It will:

·  Consolidate core systems that support customer interaction, rates, regulatory services and related property data

·  Simplify, standardize and improve our customer and business processes which use these systems

·  Enable more effective development of digital solutions for customers, giving them more choice around how they want to interact with Council

·  Create a standardized base set of systems for implementation of Unitary Plan and Bylaw Reviews

·    Reduce operational risk around complex end of life systems e.g. MCC core systems

Benefits

15.     NewCore will

·    Reduce operational risks and complexity by:

Migrating away from non-strategic legacy systems

Leveraging existing ‘best of breed’ application capabilities

Standardizing on a single set of business processes

Providing more accurate and timely reporting using a consolidated data platform

·    Help our staff by:

Making it easier for them to do their jobs

- Supporting a common organisational way of working and culture

 

·    Improve the customer experience and the cost to serve by:

Providing consistent customer service and reduced hand-offs

Providing a platform for future customer-facing initiatives (e.g. digital strategy)

 

·    Take costs out of the business and delivering public value for money by:

Migrating off the disparate systems and decommissioning systems

Providing the capability to enable the organisation to deliver innovation and transformation

 

Funding

16.     Previously approved funding equates to the following 

Progress

17.     The programme is made up of six projects with the majority of these completing detailed planning and design during 2013.  The programme completion date has not changed from July 2016, although some of the individual projects have revised completion dates.  As design work has been undertaken, additional complexity in process design has been identified, and it has also become evident that other projects are most appropriately done now.  Examples include:

·        Some requirements seen as simple in Property, LIMs & Consents have been found to require significant process re-design effort (e.g. very disparate processes in some areas.)

·        No legacy council was seen as good start point for regulatory management design process

·        Improvements required for financial reporting have highlighted that the current regulatory solution  for revenue recognition has some deficiencies that need to be addressed through external third party development

18.     The programme go-lives often involve a staggered implementation schedule with completion dates as follows:

Process

Original Completion

Revised Forecast

CRM, Licensing

May 14 - Oct 14

Oct 14 – Dec 14

Property, LIMs & Consents

May 14 – May 15

Oct 14 – Jul 15

SAP Rates

July 15 – Jul 16

July 15 – Jul 16

 

Desktop Programme

Scope

19.     This programme of activity focuses on the migration of all desktop devices to a standard Microsoft Windows 7, Office 2010, and a single logical environment; rationalizing the various desktop applications and licenses utilized across the whole of Council; consolidating and re-housing the core technology infrastructure to Council’s selected service provider and standardizing the security management accessibility for all user accounts to a single version of management software.

20.     Aligned with the rationalization of software to a common suite of systems, the associated hardware is being modernized to take advantage of mobile technologies, replacing the desktop fleet over a period of time with industry standard laptop and tablet devices where appropriate based on council’s standard replacement lifecycle.  The devices selected are supportable, secure and robust being fit for purpose according to role type.

Benefits

21.     A standard technology environment makes support of the end user devices easier giving improvements in resolution speed for issue management. The deployment of the revised desktop environment is also a core foundation for the Workplace Strategy, enabling staff to work from any location within or outside the Council.

Funding

22.     To complete the programme of activity the governing body had previously approved a total budget as follows

Desktop Build & Deploy ($000)

2011/12

2012/13

2013/14

Total Budget

Budget

Actual

Budget

Actual

Budget

Capex(Excl. contingency)

$701

$701

$4,075

$4,761

$7,795

$12,571

Contingency

$480

$0

$764

 

$480

$1,724

Total Capex

$1,181

$701

$4,839

$4,761

$8,275

$14,295

Opex

$200

$200

$400

 

$200

$800

TOTAL Desktop Build & Deploy

$1,381

$901

$5,239

$4,761

$8,475

$15,095

 

Progress

23.     Currently 1800 staff and 2000 devices have been migrated to the new environment.  Originally the rollout across all of council desktops was planned for completion by Christmas 2013, but due to issues encountered with compatibility testing of software utilized by the legacy TLAs, requiring remediation to enable the rollout to continue, together with the impact of the holiday period the programme will now be extended and will be expected to be complete by the end of March 2014.

24.     It is anticipated that approximately 2500 staff will be migrated prior to Christmas.

Data Centre Consolidation

Scope

25.     Auckland Council currently operates 12 Data Centres housing a complex set of technology infrastructure and systems (servers and switches) based on ageing hardware that has not kept pace with technology advances over the past few years.

26.     The facilities that house council’s computing infrastructure are also not fit for purpose, which adds to the risk of system disruption/outages reducing the capability of the organisation to deliver operational services. There is almost no business continuity / disaster recovery capability in place for council.  Following previous approval from the governing body this programme will transition the acquisition of data centre services to a two centre model from a specialist third party organisation.

Benefits

27.     The Data Centre Consolidation Programme will:

·        Implement core data centre services building on modern technology to provide the infrastructure platform for future council technology initiatives

·        Consolidate computing infrastructure, reduce complexity and increase system availability inclusive of Disaster Recovery (DR) on critical systems

·        Build and implement a framework that leaves a fully supported, agile Auckland Council Data Centre environment able to respond quickly and cost effectively to future Council system requirements

 

 

 

Funding

Transition Budget ($000)

2013/14

2014/15

2015/16

2016/17

2017/18

Total

Opex

2,300

2,731

0

0

0

5,031

Contingency

103

371

0

0

0

474

Total Opex

2,403

3,102

0

0

0

5,505

Consequential Opex

2,300

12,151

11,786

11,433

11,090

48,760

Total Transition

4,703

15,253

11,786

11,433

11,090

54,265

 

Progress

·        The programme is discovery lead, ensuring that the full impact of system transition is understood prior to system migration.  The systems are assessed and classified into the following five classes:

·        Strategic – Strategic Systems are core to Council’s operations and are implemented with full redundancy across the both the primary and secondary Data Centres.

·        Contained – Contained Systems provide supporting services to the Strategic Systems and are therefore also implemented with full redundancy across both the primary and secondary Data Centres.

·        Sunset – Sunset systems are those systems that can be consolidated into either the Strategic or Contained systems and will only be required for a limited time.  These applications are earmarked for decommission.

·        Inactive – Inactive systems may not currently be used but has data that needs to be accessed.  These systems will be archived to ensure the data can still be accessed and the system will be targeted for decommission.

·        Decommission – These systems will be archived and subsequently turned off.

 

28.     To date the following activities have been completed and are now operational:

·        Legacy North Shore City Council data centre has been transitioned to the revised model resulting in annual savings of $1.2m

·        Annual Savings of $1.8m have been realized through contract renegotiations across network and infrastructure services

29.     Current activities in flight include   

·        Legacy Manukau City Council services being transitioned the new environment  resulting in an annual savings of $400,000

·        Legacy Auckland Regional Council being transitioned the new environment to build stability into the highest risk site.

·        Analysis of infrastructure housed at the Grey’s Ave Data Centre. This location contains approximately 70% of Council’s infrastructure.

30.     Further upcoming initiatives include

·        The transition of the Greys Ave. Data Centre infrastructure to the new environment

·        Consolidation of the 3000 system databases down to 2000

·        Transition of the remaining 8 Data Centre sites over the next 18 months

Asset Management – Stormwater

Scope

31.     The governing body recently approved a programme of work to consolidate the management of storm water assets onto a single region wide system utilizing the investment previously made in SAP.  This programme of activity will include the delivery of

·        System design and Implementation,

·        GIS design and implementation,

·        Data migration associated with the Northern and Central areas

·        Enterprise Data Warehouse design and implementation.

·        Stage two will focus on the Western and Southern system data migration, testing associated with the Solution and preparing the Business for cutover and the associated vendor on-boarding.

 

Benefits

·        Improved decision-making

·        Greater asset efficiency (depreciation and maintenance efficiencies from better asset information) measured through whole of life assessment;

·        Ability to meet service level targets as reported through contractor KPIs and the Annual Report;

·        Improve customer service measured through survey and customer satisfaction indices;

·        Enhanced decision-making reflected through asset management planning processes;

·        Lower risk associated with critical asset awareness;

·        Ability to meet contractual arrangements with Auckland Transport for the management of their Stormwater assets within the road corridor.

 

Funding

Project Cost ($000)

Year 1

Year 2

Year 3

Year 4

total

2012/13

2013/14

2014/15

2015/16

Capital expenditure

 -

 3,120

 3,745

 -

 6,865

Operating expenditure

 -

 -

 437

 -

 437

 

Progress

32.     The programme is currently in the planning phases of the delivery cycle.

 

Consideration

Local Board Views

33.     N/a

Maori Impact Statement

34.     There is no direct impact to Maori from the technology change programme as a whole.  Individual projects are incorporating into the business process design steps that align with council’s Māori Responsiveness Framework.

General

35.     n/a

Implementation Issues

36.     n/a

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Mike Foley - Head of Information Services

Authorisers

Mike Foley - Head of Information Services

Andrew McKenzie - Chief Finance Officer

 


Finance and Performance Committee

12 December 2013

 

Auckland Council Performance Report September 2013

 

File No.: CP2013/27334

 

  

 

Purpose

1.       This report provides an overview of the Auckland Council parent performance results for the period 1 July 2013 to 30 September 2013.

Executive Summary

2.       This report focuses on the highlights and achievements of the Auckland council parent in the key areas to achieve organisational objectives.

3.       The financial overview provides an indication of how the organisation is performing against the budget and associated financial risks.

 

Recommendation/s

That the Finance and Performance Committee:

a)      Note the performance report for the three months ended 30 September 2013, highlighting:

i)        Net favourable operating surplus variance to budget of $16.1 million.

ii)       Capital expenditure of $62.9 million.

b)      Note the following highlights and achievements :

i)        Draft Unitary Plan approved for notification by Governing Body on 10 September and notified on 30 September 2013.

ii)       Auckland Housing Accord adopted by Auckland Plan Committee on 18 September 2013.

iii)      Heritage Festival: The launch of this event was held on Queens Wharf, and featured the history of Shed 10 and its restoration. The festival ran over 16 days with 245 events delivered by 180 contributors, across the region.

iv)      Housing Project Office set up completed in a very short timeframe.

v)      On the 26 September the Governing Body adopted the 2012/2013 annual report for the Auckland Council group. The audited report is now available for public access on Councils web site.

vi)      A Memorandum of Understanding to collaboratively develop a regional litter strategy was signed by the Mayor, Keep NZ Beautiful, AMA, Kiwi Rail, Parks and I&ES managers in September.

vii)     Treasury management: had positive annual review meetings with Standard and Poor's and Moody's rating agencies.

viii)    Civil defence managed two weather events on 12 and 24 September, on the latter mobilizing community response volunteers and supporting residents in Northern Auckland.

 

 

Discussion

4.       This report provides an overview of the Auckland Council performance results for the period 1 July 2013 to 30 September 2013.

5.       This report presented here is for the Auckland Council parent, not the group. A separate report on this agenda provides the group financial results. On the 3rd December 2013, separate reports for each CCO were presented to the CCO and Monitoring Committee.

Consideration

Local Board Views

6.       Local Boards receive their own reporting for their respective areas.

Maori Impact Statement

7.       There is a separate report on matters relating to the Maori Impact Statement.

General

8.       There are no financial or resourcing implications arising from receipt of this report.

9.       Quarterly reporting on performance is not a legal requirement and there are no legislative implications from the receipt of this request.

Implementation Issues

10.     There are no implementation issues.

 

Attachments

No.

Title

Page

a

Performance Report September 2013

3

     

Signatories

Authors

Jenny Livschitz - Manager Corporate Performance and Reporting

Authorisers

Kevin Ramsay - Manager Finance, Auckland CFO

Andrew McKenzie - Chief Finance Officer

 


Finance and Performance Committee

12 December 2013

 



























Finance and Performance Committee

12 December 2013

 

Overview and update on Auckland Councils approach to borrowing

 

File No.: CP2013/27500

 

  

 

Purpose

1.       To provide an overview of our general approach to borrowing and an update on recent borrowing activity. To provide elected members with the opportunity to ask questions on our borrowing activities.

Executive Summary

2.       Auckland Council’s approach to borrowing is outlined in the presentation attached to this report

 

Recommendation/s

That the Finance and Performance Committee:

a)      Note the presentation on Auckland Councils approach to borrowing by the Auckland Council Chief Finance Officer and Treasurer

 

 

Discussion

3.       After Central Government, Auckland Council is the largest non bank borrower in the New Zealand market with an annual borrowing requirement at the Group level of between $1 billion and $2 billion each year. This borrowing requirement is comprised of both refinancing of maturing debt and issuance of new debt.

4.       Given the size of both the annual borrowing requirement and interest expense, a careful and prudent approach to borrowing is required. Our approach to borrowing and debt management is outlined in the attached presentation

Consideration

Local Board Views

5.       Local Boards have not been consulted on this report or presentation.

Maori Impact Statement

6.       The borrowing undertaken by Auckland Council is used to fund projects, including those that benefit Maori. Our borrowing activities therefore have an indirect impact on Maori wellbeing.

General

7.       This report does not trigger the Significance Policy

Implementation Issues

8.       There are no implementation issues

 

Attachments

No.

Title

Page

a

Our approach to borrowing (pdf)

3

     

Signatories

Authors

Hannah Willis - Treasury Advisor

Authorisers

Mark Butcher - Treasurer

Andrew McKenzie - Chief Finance Officer

 


Finance and Performance Committee

12 December 2013

 
























Finance and Performance Committee

12 December 2013

 

Approval for Eden Park Trust redocumented ASB facility as an Approved Facility under the Security Enforcement Deed

 

File No.: CP2013/26353

 

  

 

Purpose

1.       Requesting approval for the Eden Park Trust re-documented ASB credit facility to be approved as an Approved Facility under the Security Enforcement Deed.

Executive Summary

2.       Eden Park Trust (“EPT”) has a $7,638,000 credit facility (including $500,000 overdraft) with ASB, which is governed by the 1999 Security Enforcement Deed (“SED”) between EPT, ASB and Council.

3.       While this credit facility is not guaranteed by Council, it is an “Approved Facility” under the SED, which allows ASB and Council to have shared security over EPT’s assets.

4.       ASB have re-documented the existing credit facility into a “new facility” to allow re-drawings. ASB and Council’s legal team have reviewed the new facility and have advised, changing the facility to allow re-drawings falls outside the scope of the existing “Approved Facility”.

5.       To provide ASB with shared security over EPT’s assets for drawdown’s under the new facility, EPT and ASB have requested that Council approve the new facility as an “Approved Facility” under the SED.

6.       While there is no direct benefit to Council by approving the new facility as an “Approved Facility”, Council will be acting in good faith under their agreement with EPT and ASB by approving the new facility as an “Approved Facility” under the SED.

 

Recommendation/s

That the Finance and Performance Committee:

a)      Approve delegation to the Chief Finance Officer to approve the Eden Park Trust re‑documented ASB credit facility as an Approved Facility under the Security Enforcement Deed.

 

 

Discussion

7.       Following EPT’s sale of residential properties in 2012, EPT chose to make repayments to the $7,638,000 ASB credit facility, being EPT’s most expensive credit facility.

8.       EPT repaid approximately $2.60 million to ASB under the facility. However, the terms of the facility did not allow funds to be re‑drawn. As EPT need to re‑draw funds for working capital purposes and to enable completion of the acoustic screen, ASB have re-documented the facility to replace it with a new re-drawable facility.

9.       ASB and Council’s legal team have reviewed the new facility and have advised that the change to allow for re‑drawings falls outside the scope of the existing “Approved Facility”. To provide ASB with shared security over EPT’s assets for draw downs under the new facility, ASB and EPT have requested that Council approve the new facility as an “Approved Facility” under the SED.

10.     While the size of the new facility is unchanged, the effect of allowing re-drawings enables EPT to increase borrowings under the facility back to $7.638 million in the future.

11.     As at 26 November 2013, EPT’s debt under the facility is $4.050 million, following $800,000 of repayments made during November 2013. EPT current debt levels are less than the forecasted figures reported at the March 2013 Accountability and Performance Committee meeting.

12.     EPT’s most recent debt forecasts to 2015 approved by the EPT Board in November 2013 are outlined below.

Actual and Forecasted Debt

000's

Oct 2009 Actual

Oct 2012 Actual

Oct 2013 Actual

Oct 2014 Forecast

Oct  2015 Forecast

ASB loan guaranteed by Auckland Council

 

40,000

40,000

40,000

40,000

ASB Bank facilities

10,015

7,204

4,850

7,000

6,650

Auckland Council

6,545

6,545

6,545

6,545

6,545

ARFU

1,290

1,090

1,090

1,090

1,090

ACA

600

600

600

600

600

Total Term Loans

18,450

55,439

53,085

55,235

54,885

 

13.     Officers recommend Council approve the new facility as an “Approved Facility” despite there being no direct benefit to Council for this action. This recommendation is made based on Council acting in good faith under the SED. There could be adverse consequences by not approving the new facility such as a potential deterioration in the relationship between Council, ASB and EPT, or ASB not continuing to be a lender to EPT in the future.

Consideration

Local Board Views

14.     Eden Park is in the Albert-Eden Local Board area and a copy of the report has been provided to the Local Board in advance of the Governing Body meeting.

Maori Impact Statement

15.     Approval of the re-documented ASB credit facility as an “Approved Facility” under the Security Enforcement Deed is not an issue of significance from a Maori perspective and has no adverse effect on Maori communities.

General

16.     The issues covered in this report do not trigger the Significance Policy.

Implementation Issues

17.     There are no implementation issues.

 

Attachments

There are no attachments for this report.    

Signatories

Authors

Hannah Willis - Treasury Advisor

Authorisers

Mark Butcher - Treasurer

Andrew McKenzie - Chief Finance Officer

 


Finance and Performance Committee

12 December 2013

 

Te Tiriti o Waitangi Audit Response Work Programme 2013/14

 

File No.: CP2013/27625

 

  

 

Purpose

1.       The purpose of this report is to provide a summary of the proposed work programme to deliver on priority elements in Te Tiriti o Waitangi Audit Report (Treaty Audit) in 2013/14.

Executive Summary

2.       In July 2012, the governing body received the Treaty Audit.  The Treaty Audit was one of the key projects included in the Independent Māori Statutory Board (IMSB) work programme for 2011/12 agreed between the Board and the Auckland Council.  PriceWaterhouseCoopers was engaged by the IMSB as independent auditors to assess the council’s performance in accordance with the statutory references to Te Tiriti o Waitangi and its legislative responsibilities to Māori.

3.       In response, the Treaty Audit Response work programme was developed in 2012, and is part of a wider portfolio of work intended to lift council’s overall responsiveness to Māori.  The work programme outlined high level actions over a three year period required to improve the council’s approach and performance when responding to, and providing services, to Māori. 

4.       This report provides a summary of the proposed work programme to deliver on priority elements in the Treaty Audit in 2013/14.

 

Recommendation/s

That the Finance and Performance Committee:

a)      Approve the recommendations proposed in the 2013/14 work plan (outlined in Attachment one);

b)      Agree that progress reporting be quarterly to the Finance and Performance Committee and use a consistent reporting format for subsequent reports over 2014/15; and

c)      Agree that the next progress update will report on costs aligned to the 2013/14 work plan.

 

 

Discussion

5.       Te Tiriti o Waitangi Audit is one of two key projects of the IMSB work programme referred to in the 2011/12 Funding Agreement between the Board and Auckland Council.

6.       PriceWaterhouseCoopers were engaged by the IMSB as independent auditors to assess the Auckland Council’s performance in acting in accordance with the statutory references to Te Tiriti o Waitangi/ Treaty of Waitangi and its statutory responsibilities to Māori.

7.       The audit also provided a basis by which the IMSB can fulfil its statutory obligation to assist the Auckland Council by ensuring the council acts in accordance with statutory provisions referring to Te Tiriti o Waitangi/ Treaty of Waitangi.

8.       The audit was undertaken in 2011 against an agreed best practice audit approach framework between the council and the Independent Maori Statutory Board. From the outset of the audit project, it was anticipated that many areas for improvement would be identified.  This was a natural consequence of amalgamating eight councils, all of whom had different approaches and practices, and of the huge work programme the council had been committed to in its first 18 months of existence.

9.       The Treaty Audit established a baseline for the council to understand its current state of compliance and provided a solid base for a structured and prioritised work programme to address the recommendations. 

10.     Council’s response to the Treaty Audit needs to be seen within the context of its commitment to Māori and its overall Māori Responsiveness approach.  Council’s commitment to Māori has been affirmed with the adoption of the Auckland Plan and Long-term Plan.  These plans aim to significantly lift Māori social and economic well-being. 

11.     A key element of the Treaty Audit was recommendations seeking council’s policy commitment to Te Tiriti o Waitangi/ Treaty of Waitangi and the formal adoption of a legal framework of the statutes that give rise to Māori legislative rights.  In response to this, the governing body affirmed its policy position regarding obligations to Māori in 2012 through the Māori Responsiveness Framework.  The framework details the legal basis for this policy position; and outlines the next steps to increase knowledge of council’s obligations to Māori and integrate these obligations into standard business processes across the council family. 

12.     The IMSB has worked collaboratively with council to develop the work programme and continue their work guiding and monitoring council’s implementation to make improvements in areas rated in the report as being a significant priority. 

13.     Te Tiriti o Waitangi Audit Response work programme will continue to drive Auckland Council’s response to the recommendations of the Treaty Audit.  The objectives in the 2013/14 financial year are to:

a.       Deliver on the following priority recommendations:

·    Policies

·    Processes, systems and data

·    Capacity

·    Roles and Responsibilities

·    Decision-making

b.       Implement activities to support knowledge of obligations and consultation and engagement.

c.       Implement a monitoring and reporting regime in order for the Finance and Performance Committee and the Independent Māori Statutory Board to maintain oversight of the progress made against the Treaty Audit recommendations.

d.       To facilitate a follow up audit by the IMSB.

14.     The proposed response in attachment one outlines council’s approach and timeframes to deliver on the work programme. 

Consideration

Local Board Views

15.     Local board views have not been sought in the preparation of this report.  However, a number of the Treaty Audit recommendations impact on local boards and require their involvement in specific work programmes. Specific deliverables referred to in this report were discussed with local boards in the previous term of council (e.g. draft Relationship Agreements Policy).  Work with local boards is anticipated as part of delivering these programmes.

Independent Maori Statutory Board views

Te Tiriti o Waitangi Audit Response Work Programme 2013/14

16.     Te Tiriti o Waitangi Audit response work programme 2013/14 should desirably take a whole of organisation approach assigning Treaty Audit priority areas to the relevant council department.  Desirably this report format should show a clear link back to the Treaty Audit findings and recommendations and be costed.  Te Waka Angamua and the IMSB will develop and use a consistent reporting format for the six month report and subsequent reports over 2014/15.

17.     The IMSB considers that there are still some gaps in the Tiriti o Waitangi Audit response work programme where activity is still being planned. 

Māori Responsiveness costs aligned to the Treaty Audit response

18.     For the 2012/13 financial year Strategy and Finance Committee agreed to $2 million in reprioritised expenditure for implementing actions arising from Treaty Audit 2012.  To this end the Board is looking for reassurance from Council that the work programme will focus on priority areas and be sufficiently resourced.

19.     It is requested that the next progress update will report on costs aligned to the 2013/14 work plan.

Reporting on Progress

20.     Council last reported progress to Accountability and Performance Committee in August. Once the Tiriti o Waitangi Audit response work programme 2013/14 is approved it is the Board’s expectation that Finance and Performance Committee will receive quarterly progress update reports.   

Maori Impact Statement

21.     The report details programme activities planned in 2013/14 intended to improve the council’s approach and performance when responding to and providing services to Māori.  The programme forms part of a wider programme of work intended to lift council’s overall responsiveness to Māori in delivering Māori well-being.

22.     Programme initiatives are intended to have positive impacts on or for Māori.  Advice and guidance was provided by the IMSB on programme priorities

Implementation Issues

23.     Te Tiriti o Waitangi Audit Response Work Programme is in progress and delivery sits within a wider portfolio of work called the Māori Responsiveness Portfolio.  The portfolio sits under the direct oversight of the council’s executive team.

24.     Progress in delivering Te Tiriti o Waitangi Audit Response Work Programme was reported quarterly to council committee and at each joint meeting of the IMSB and council. Another report on this agenda, (Quarterly Update: Business Improvements to identify Auckland Council contributions to Maori outcomes) outlines progress and financial results regarding Māori outcomes.  In future these two matters will be reported at the same time as part of the wider organisation accountability report.

25.     The cost of undertaking the 2013/14 work programme will be prioritised and funded from within existing budgets.  A number of departments are currently involved in delivering the Treaty Audit Response work programme and others have been identified to contribute in the future. The work programme is structured in a way to be complementary and of assistance to other work of the council e.g. the Organisation Transformation Programme. 

26.    

 

Attachments

No.

Title

Page

a

Proposed 2013/14 Tiriti o Waitangi Audit Response work programme

3

     

Signatories

Authors

Joy Hames - Contractor

Authorisers

Grant Taylor - Governance Director

Andrew McKenzie - Chief Finance Officer

 


Finance and Performance Committee

12 December 2013

 

Attachment 1.  Proposed 2013/14 Te Tiriti o Waitangi Audit Work Programme

     

 


Finance and Performance Committee

12 December 2013

 

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

 

That the Finance and Performance Committee:

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       Monthly Budget Update

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)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains commercially sensitive information, the disclosure of which could disadvantage the council in negotiation..

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.

 

C2       Potential acquisition in Birkdale

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)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information on property values..

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.