Council Controlled Organisations Governance and Monitoring Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Council Controlled Organisations Governance and Monitoring Committee held in the Reception Lounge, Level 2, Auckland Town Hall, 301-305 Queen Street, Auckland on Tuesday, 1 April 2014 at 9.35am.

 

present

 

Chairperson

Cr Penny Hulse

 

 

 

Deputy Chairperson

Cr Calum Penrose

 

 

 

Members

Cr Anae Arthur Anae

From 9.41am, Item 5.1

 

 

Cr Cameron Brewer

From 9.40am, Item 5.1

 

 

Cr Dr Cathy Casey

 

 

 

 

Member Precious Clark

 

 

 

 

Cr Ross Clow

From 9.42am, Item 5.1

 

 

Cr Linda Cooper, JP

 

 

 

 

Cr Chris Darby

From 10.20am, Item 10

 

 

Cr Dick Quax

 

 

 

 

Cr George Wood, CNZM

 

 

 

Ex-officio

Mayor Len Brown, JP

From 10.25am, Item 11

Until 11.40am, Item C1

 

 

APOLOGIES

 

 

Cr Chris Darby

For lateness

 

 

Cr Denise Krum

For absence

 

 

Cr Penny Webster

For absence

 

 

Member Glenn Wilcox

For absence

 

 

Mayor Len Brown, JP

For lateness and early departure

 

ALSO PRESENT

 

 

Cr Bill Cashmore

 

 

 

Cr Chris Fletcher

From 9.38am, Item 3

Until 10.56am, Item 12

 

 

 

 

 

 


Council Controlled Organisations Governance and Monitoring Committee

01 April 2014

 

 

 

1          Apologies

 

Resolution number COU/2014/34

MOVED by Chairperson PA Hulse, seconded by Deputy Chairperson CM Penrose:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)    accept the apologies from Cr C Darby for lateness, from Cr DA Krum, Cr MP Webster and Member Glenn Wilcox for absence, and from Mayor LCM Brown for lateness and early departure.

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

3          Confirmation of Minutes

 

Resolution number COU/2014/35

MOVED by Chairperson PA Hulse, seconded by Cr GS Wood:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 4 March 2014, including the confidential section, as a true and correct record.

CARRIED

 

9.38 am           Cr CE Fletcher entered the meeting.

 

4          Petitions

 

There were no petitions.

 

5          Public Input

 

5.1

Ms Kathleen Welch - Confidentiality in CCO Boards' Public Meetings

 

 

 

Cr CE Brewer entered the meeting at 9.40 am.

Cr AJ Anae entered the meeting at 9.41 am.

Cr RI Clow entered the meeting at 9.42 am.

 

 

 

Ms Kathleen Welch was in attendance to address the CCO Governance and Monitoring Committee regarding the issue of confidentiality in CCO boards’ public meetings.

 

 

 

Resolution number COU/2014/36

MOVED by Chairperson PA Hulse, seconded by Cr LA Cooper:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         thank Ms Kathleen Welch for her presentation regarding the issue of confidentiality in CCO boards’ public meetings.

CARRIED

6          Local Board Input

 

There was no local board input.

 

7          Extraordinary Business

 

There was no extraordinary business.

 

8          Notices of Motion

 

There were no notices of motion.

 

 

9

Resolutions from the Economic Development Committee - A shared economic development agenda for Auckland

 

Resolution number COU/2014/37

MOVED by Deputy Chairperson CM Penrose, seconded by Cr RI Clow:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      approve the incorporation of the shared economic agenda for Auckland in ATEED’s 2014 -17 Statement of Intent.

 

CARRIED

 

 

 

Secretarial note:          Pursuant to Standing Order 3.15.5, Cr GS Wood requested his dissenting vote be recorded.

 

 

 

10

Legacy Council Controlled Organisations (CCOs) Half Year Report

 

 

 

Cr C Darby entered the meeting at 10.20 am.

 

 

 

Resolution number COU/2014/38

MOVED by Chairperson PA Hulse, seconded by Deputy Chairperson CM Penrose:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      receive the half year reports for Te Puru Community Charitable Trust, COMET Auckland and the Contemporary Art Foundation.

 

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

11

Legacy CCOs - Draft Statements of Intent

 

 

 

Mayor LCM Brown entered the meeting at 10.25 am.

 

 

 

Resolution number COU/2014/39

MOVED by Deputy Chairperson CM Penrose, seconded by Cr RI Clow:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      approve the proposed shareholder comments for the draft 2014 - 2017 Statement of Intent provided by the Contemporary Art Foundation;

b)      approve the proposed shareholder comments for the draft 2014 - 2017 Statement of Intent provided by COMET Auckland;

c)      approve the proposed shareholder comments for the draft 2014 – 2017 Statement of Intent provided by Te Puru Community Charitable Trust, with particular attention given to developing measurable and time-bound performance targets.

 

CARRIED

 

 

12

Substantive CCOs - Draft Statements of Intent 2014-2017

 

A powerpoint presentation was given in support of this item.

A copy of the presentation is attached to the original of these minutes and is available on the Auckland Council website.

 

 

 

Cr C Darby tabled a memo on this matter.

 

A copy of the tabled memo is attached to the original of these minutes and is available on the Auckland Council website.

 

 

 

Cr CE Fletcher left the meeting at 10.56 am.

Cr AJ Anae left the meeting at 11.12 am.

Cr AJ Anae returned to the meeting at 11.23 am.

 

 

 

Resolution number COU/2014/40

MOVED by Cr RI Clow, seconded by Deputy Chairperson CM Penrose:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      approve the proposed shareholder comments on the draft SOIs 2014-2017 of the substantive CCOs.

b)      agree that the Deputy Mayor may approve any further minor editorial modifications to the Shareholder Comments, following receipt of further feedback from Councillors.

CARRIED

 

Attachments

a     PowerPoint Presentation

b     Tabled Memo

  

 

 

 

13        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

 

14        Procedural motion to exclude the public

Resolution number COU/2014/41

MOVED by Deputy Chairperson CM Penrose, seconded by Cr GS Wood:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Deborah Lawson, Chief Executive, Tāmaki Redevelopment Company Limited and  Peter Faafiu, Manager Communications, Tāmaki Redevelopment Company Limited be permitted to remain for Confidential Item C1: Tāmaki Redevelopment Company Limited (TRC) - Second Quarter Report (October to December 2013), after the public has been excluded, because of their knowledge of the matter, which will help the Council Controlled Organisations Governance and Monitoring Committee in its decision-making.

 

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       Tāmaki Redevelopment Company Limited (TRC) - Second Quarter Report (October to December 2013)

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular the report contains information regarding future commercial activities for the company which may impact on commercial negotiations. .

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       Council Controlled Organisations, Board-led Performance Review (2013)

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 In particular, the board contains information about board performance which should be withheld to protect the privacy of individual board members.  In includes information about the performance of board chairs who can be individually identified. In addition, making available the information would likely compromise the quality of information provided by board members in any future reviews .

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.

 

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

 

CARRIED

 

11.33am          The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

12.08pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Tāmaki Redevelopment Company Limited (TRC) - Second Quarter Report (October to December 2013)

 

 

 

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      receive the Second Quarter report for the period 1 October 2013 to 31 December 2013, from the Tāmaki Redevelopment Company Limited.

b)      thank Deborah Lawson, and  Peter Faafiu from the Tāmaki Redevelopment Company Limited for their attendance.

c)      agree that only the above decisions be restated in the open section of the minutes.

 

C2

Council Controlled Organisations, Board-led Performance Review (2013)

 

 

 

That the Council Controlled Organisations Governance and Monitoring Committee:

c)      agree that the decisions, report and attachments regarding the Council Controlled Organisations, Board-led Performance Review (2013), not be restated in the open section of the minutes.

  

 

 

12.08pm                                             The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council Controlled Organisations Governance and Monitoring Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................