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 Level 2 Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Tuesday, 3 March 2015 at 9.35am.

 

present

 

Chairperson

Deputy Mayor Penny Hulse

 

 

 

Deputy Chairperson

Cr Calum Penrose

 

 

 

Members

Cr Anae Arthur Anae

From 10.30 am, Item 10

 

 

Cr Cameron Brewer

Until 12.29pm, Item 10

 

 

Cr Dr Cathy Casey

 

 

 

 

Member Precious Clark

Until 12.29pm, Item 10

 

 

Cr Ross Clow

 

 

 

 

Cr Linda Cooper, JP

Until 1.01pm, Item 15

 

 

Cr Chris Darby

 

 

 

 

Cr Denise Krum

 

 

 

 

Cr Dick Quax

 

 

 

 

Cr Penny Webster

From 9.47am, Item 10

 

 

Member Glenn Wilcox

Until 1.06pm, Item 15

 

 

Cr George Wood, CNZM

From 9.38am, Item 9

 

 

APOLOGIES

 

 

Mayor Len Brown, JP

Absence

 

 

Cr AJ Anae

Lateness

 

 

Cr CE Brewer

Early Departure

 

 

Member P Clark

Early Departure

 

 

Cr LA Cooper

Early Departure

 

 

Cr MP Webster

Lateness

 

 

ALSO PRESENT

 

 

Cr Bill Cashmore

 

 

 


 

IN ATTENDANCE

 

 

Raveen Jaduram, Chief Executive, Watercare

Brian Monk, Chief Financial Officer, Watercare

Peter Drummond, Board Director, Watercare

 

Sir Don McKinnan, Board Chair, Regional Facilities Auckland

Kym Fell, Acting Chief Executive, Regional Facilities Auckland

Simon Tran, Chief Financial Officer, Regional Facilities Auckland

Jonathan Wilcken, Director of Auckland Zoo

 

David McConnell, Board Chair, Auckland Tourism, Events and Economic Development

Brett O’Riley, Chief Executive, Auckland Tourism, Events and Economic Development

Barbara Imlach, Chief Financial Officer, Auckland Tourism, Events and Economic Development

 

John Dalzell, Chief Executive, Auckland Waterfront Development Agency Limited

Carl Gosbee, General Manager Corporate Sales, Auckland Waterfront Development Agency Limited

Richard Leggat, Deputy Chair, Auckland Waterfront Board

 

David Rankin, Chief Executive, Auckland Council Properties Limited

Dale Lott, Chief Financial Officer, Auckland Council Properties Limited

Peter Wall, Director, Auckland Council Properties Limited

Allan Young, Manager Development, Auckland Council Properties Limited

 

Gary Swift, Chief Executive, Auckland Council Investments Limited

Simon Allen, Board Chair, Auckland Council Investments Limited

Miriam Dean, Deputy Chair, Auckland Council Investments Limited

Brian Corban, Auckland Council Investments Limited

Candis Craven, Auckland Council Investments Limited

Diana Puketapu, Auckland Council Investments Limited

 

 


Council Controlled Organisations Governance and Monitoring Committee

03 March 2015

 

 

 

1          Apologies

 

Resolution number COU/2015/11

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         accept the apology from Mayor LCM Brown for absence, and from Cr AJ Anae and Cr MP Webster for lateness, and Cr CE Brewer, Cr LA Cooper and Member  Clark for early departure.

CARRIED

 

 

2          Declaration of Interest

 

Member P Clark declared an interest in item C1 - Auckland Regional Amenities Funding Board: Board Appointments.

 

 

3          Confirmation of Minutes

 

Resolution number COU/2015/12

MOVED by Chairperson PA Hulse, seconded by Cr DA Krum:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 3 February 2015, as a true and correct record.

CARRIED

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

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

Council Controlled Organisations : Board Observers 2015

 

Secretarial Note:         Changes to the original motion were made to recommendation a) with agreement of the meeting, and recommendation b) was incorporated prior to the meeting.

 

 

 

Cr GS Wood entered the meeting at 9.38 am.

 

 

 

Resolution number COU/2015/13

MOVED by Cr LA Cooper, seconded by Cr D Quax:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         appoint Cr DA Krum and IMSB Member Clark, from the CCO Governance and Monitoring Committee, to the Board Observer Appointment Panel.

b)        approve that the Chief Executive’s position on the Board Observer Appointment Panel be delegated to his representative, John Bishop, CCO Governance & External Partnerships Manager

CARRIED

 

 

10

Council Controlled Organisation Second Quarter Performance Reporting

 

Cr MP Webster entered the meeting at 9.47 am.

Cr MP Webster left the meeting at 10.09 am.

Cr MP Webster returned to the meeting at 10.14 am.

Member G Wilcox left the meeting at 10.17 am.

Member G Wilcox returned to the meeting at 10.23 am.

Cr AJ Anae entered the meeting at 10.30 am.

Cr MP Webster left the meeting at 11.09 am.

Cr MP Webster returned to the meeting at 11.14 am.

Deputy Chairperson CM Penrose left the meeting at 11.26 am.

Deputy Chairperson CM Penrose returned to the meeting at 11.33 am.

Cr RI Clow left the meeting at 11.36 am.

Cr RI Clow returned to the meeting at 11.43 am.

Cr AJ Anae left the meeting at 12.19 pm.

Cr AJ Anae returned to the meeting at 12.25 pm.

 

 

 

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      receive the report for the second quarter ending 31 December 2014 from Watercare Services Ltd.

b)      receive the report for the second quarter ending 31 December 2014 from Regional Facilities Auckland.

c)      receive the report for the second quarter ending 31 December 2014 from Auckland Tourism, Events and Economic Development Limited.

d)      receive the report for the second quarter ending 31 December 2014 from Auckland Waterfront Development Agency Limited.

e)      receive the report for the second quarter ending 31 December 2014 from Auckland Council Property Limited.

f)       receive the report for the second quarter ending 31 December 2014 from Auckland Council Investments Limited.

 

 

 

MOVED by Cr C Darby, seconded by Cr RI Clow, an addition to clause f):

That the Council Controlled Organisations Governance and Monitoring Committee:

i)          request Auckland Council Investments Limited do everything within its power to secure the commitment of Ports of Auckland to not proceed with exercising resource consents to extend Bledisloe Wharf (B2 and B3) until such time as the Port Study Stage 2 has been completed and council has had the opportunity to consider study recommendations, public feedback and determine the long-term future of the port.

 

 

 

Secretarial Note:         The Chairperson advised that this motion would be left to lie on the table, to be discussed at a later date/ forum, in order to obtain the necessary legal and planning advice.

 

 

 

Resolution number COU/2015/14

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      receive the report for the second quarter ending 31 December 2014 from Watercare Services Ltd.

b)      receive the report for the second quarter ending 31 December 2014 from Regional Facilities Auckland.

c)      receive the report for the second quarter ending 31 December 2014 from Auckland Tourism, Events and Economic Development Limited.

d)      receive the report for the second quarter ending 31 December 2014 from Auckland Waterfront Development Agency Limited.

e)      receive the report for the second quarter ending 31 December 2014 from Auckland Council Property Limited.

f)       receive the report for the second quarter ending 31 December 2014 from Auckland Council Investments Limited.

CARRIED

 

 

The meeting adjourned at 12.29pm and reconvened at 12.39pm.

 

 

 

Member P Clark and Cr CE Brewer were not present.

 

 

Precedence of Business

Resolution number COU/2015/15

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         agree that Item 15: Draft governance manual – no surprises policy, be accorded precedence at this time.

CARRIED

 

 

15

Draft governance manual - no surprises policy

 

Cr LA Cooper left the meeting at 1.01 pm.

Member G Wilcox left the meeting at 1.06 pm.

 

Resolution number COU/2015/16

MOVED by Cr MP Webster, seconded by Chairperson PA Hulse:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      request that staff consider the committee’s feedback relating to the “no surprises policy” when developing the draft governance manual.

 

CARRIED

 

 

11

2015 Board Appointment programme for Auckland Council

 

Resolution number COU/2015/17

MOVED by Deputy Chairperson CM Penrose, seconded by Cr MP Webster:  

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      receive the report.         

 

CARRIED

 

 

12

Review of the Board Appointment Remuneration Policy:  Appointments of councillors as directors

 

This item was deferred to a subsequent meeting of the CCO Governance and Monitoring Committee.

  

 

13        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

  

 


 

14        Procedural motion to exclude the public

Resolution number COU/2015/18

MOVED by Chairperson PA Hulse, seconded by Cr MP Webster:  

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 Vern Walsh, Chair Auckland Regional Amenities Funding Board, be permitted to remain for Confidential Item C1 - Auckland Regional Amenities Funding Board: Board Appointments after the public has been excluded, because of his 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       Auckland Regional Amenities Funding Board : Board Appointments

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 report contains information about the potential  appointment of board members to the Auckland Regional Amenities Funding Board and discusses individual board members..

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       Board Appointments Tamaki Redevelopment Company Limited

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 report contains specific information about potential board appointments for the Tamaki Redevelopment Company and discusses individual directors..

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

 

1.11pm            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.

 

1.15pm            The public was re-admitted.

 

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

Auckland Regional Amenities Funding Board : Board Appointments

 

c)         agree that only resolutions a) and b) regarding the Auckland Regional Amenities Funding Board: Board Appointments be made publicly available once the candidates have been advised of and agreed to the outcomes.

 

 

 

C2

Board Appointments Tamaki Redevelopment Company Limited

 

This item was deferred to a subsequent meeting of the CCO Governance and Monitoring Committee.

 

  

 

 

1.15 pm                                              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:........................................................