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Manukau
Harbour Forum
08 June 2015
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ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
8.1 Martin Fryer - Auckland Aiport 5
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 6
12 Manukau Harbour Forum: Legislative Change Requiring Binding
Agreement 7
13 Manukau Harbour Forum Work Programme update
This report was not available when the agenda was compiled and will
be
tabled at the meeting.
14 Consideration of Extraordinary
Items
The Chairperson will open the meeting and welcome everyone present.
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from
decision making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 Confirmation of Minutes
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That the Manukau Harbour Forum:
a)
Confirms the ordinary minutes of its meeting,
held on Monday, 13 April 2015, as a true and correct
record.
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5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been
received.
7 Petitions
At the close of the agenda no requests to present petitions had been
received.
8 Deputations
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8.1 Martin Fryer - Auckland Aiport
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Purpose
1. To provide
feedback to the Manukau Harbour Forum (Forum) on Auckland Airport’s
participation in the Forum’s flagship sites programme.
Executive
Summary
2. As part of
its 2014/2015 work programme, the Forum approved a programme of flagship site
events. This programme is designed to raise awareness amongst the business
community of initiatives that support improvements to water quality.
3. Auckland
Airport hosted the first flagship site event on Wednesday, 6 May. Martin
Fryer, Auckland Airport’s Sustainability Manager, will attend the Forum
meeting to provide feedback on the reasons why the airport agreed to host a
flagship site event.
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Recommendation
That the Manukau
Harbour Forum:
a) Receives the
presentation from Martin Fryer, Sustainability Manager, Auckland Airport and
thanks him for the presentation.
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9 Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to
address the meeting on matters within its delegated authority. A maximum of 3
minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been
received.
10 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.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
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Manukau
Harbour Forum
08 June 2015
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Manukau Harbour
Forum: Legislative Change Requiring Binding Agreement
File No.: CP2015/00030
Purpose
1. To inform the
Manukau Harbour Forum of a change in legislation that requires joint committees
and forums to have binding agreements in place from 1 August 2015 and request
that it forward this report and the forum’s Terms of Reference to member boards
to resolve on the new binding agreement at their July 2015 business meetings.
Executive Summary
2. In 2014 amendments were made to the Local Government Act 2002
that affect the Manukau Harbour Forum as a joint committee of nine local
boards.
3. The existing
terms of reference do not cover all the requirements under the amended
legislation, as the resolutions from each member board adopting the terms of
reference and establishing the forum need to be the same, i.e. showing
agreement between all nine boards.
4. In light of
the above a report will need to be forwarded to all member boards where they
will be required to show agreement by resolution on the following:
i) The number of members each local board may
appoint to the joint committee;
ii) How the joint committee chairperson and
deputy chairperson are to be appointed;
iii) The terms of reference of the joint
committee;
iv) What responsibilities are to be delegated to
the joint committee by each appointee local board; and
v) The
process for amending the agreement.
5. At its
workshop of 13 April 2015 the forum agreed to take the opportunity to update
its terms of reference. A copy of the revised terms of reference showing the
proposed changes is appended as Attachment A.
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Recommendations
That the Manukau
Harbour Forum:
a) Adopts the revised Terms of Reference as set out in Agenda
Attachment A
b) Requests that this report be forwarded on to the nine member
boards recommending that each board:
i) appoints one named member and one named alternate member to
the Manukau Harbour Forum
ii) confirms that the chairperson and deputy chairperson of the
Manukau Harbour Forum will be elected by a majority of members at the first
meeting of each electoral term
iii) confirms the revised Terms of Reference for the Manukau
Harbour Forum as appended to Agenda reports
iv) delegates authority to bind the local board on any decisions
made by the Manukau Harbour Forum within its terms of reference
v) notes that any significant or controversial decisions will
only be made by the forum with the agreement by resolution of all the member
boards that would be affected by the decision
vi) confirms that any changes to this agreement will be agreed
first by the Manukau Harbour Forum then recommended to the nine member boards
for their approval, noting that resolutions must be identical
vii) notes that in order for the nine member boards to agree on
this new binding agreement for the Manukau Harbour Forum, the resolutions
made in respect of recommendations b) i)-v) above (with the exception of b)
i) where appointees must be named) must be identical and that in the absence
of identical resolutions by all member boards the Forum will not meet the
requirements under clause 30a of Schedule 7 to the Local Government Act 2002.
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Discussion
6. In 2014
amendments were made to the Local Government Act 2002, in particular Schedule
1AA Clause 5 reads as follows:
Requirement to enter into agreement under clause 30A of
Schedule 7
(1) This clause applies to a local authority that
appointed a joint committee under clause 30(1)(b) of Schedule 7
before the date of commencement of clause 30A of Schedule 7 if that
committee remains in existence after that date.
(2) The local authority must, within 12 months of the
date of commencement of clause 30A of Schedule 7, enter
into an agreement under that clause with every other local authority or public
body that has appointed members to that joint committee.
(3) If an agreement under clause 30A of Schedule 7 is not
entered into within the period specified in subclause (2), the joint committee
is deemed to be discharged by the local authority.
(4) Nothing
in this clause applies if the joint committee referred to in subclause (1) was
constituted or continued by, or required to be constituted or continued by, an
enactment other than this Act.
7. Each of the
member boards resolved varying membership and delegations (Attachment B). The
Act requires agreement by resolution which means all resolutions from the
boards need to be the same.
8. Analysis has
been undertaken by Auckland Council’s legal services team as to whether the
boards at the time of establishment covered all the necessary points within the
legislation (Attachment C). This analysis shows that the requirements of the
legislation for binding agreements in regard to joint committees have not been
met and the member boards will need to pass new resolutions to satisfy all the
requirements of the amendments to the Act.
9. Staff
recommendations regarding membership and delegations are intended to keep these
as close as possible to the current situation, as previously agreed by the
forum and member boards, while ensuring consistency between all member boards
to satisfy the requirements for a binding agreement.
10. At its
workshop of 13 April 2015 the forum agreed to take the opportunity to update
its terms of reference, suggesting a number of minor changes. Subsequent work
on the terms of reference was undertaken by staff in consultation with the
chairperson and deputy chairperson. A copy of the terms of reference showing
the proposed changes is appended as Attachment A.
11. Staff will
forward this report with the forum’s resolutions to the member boards for
consideration at their July business meetings to ensure that the binding agreement
can come into effect on or before 31 July 2015.
Consideration
Local Board Views and Implications
12. It was agreed
by the local boards through the terms of reference for the Forum that the
Harbour is a regional asset and it was appropriate that Local Boards
collectively contribute to strategies and outcomes that enhance the social,
economic, environmental and cultural well-being of the harbour. The best way
they saw this happening was through the establishment of the Forum.
13. The role of
the Forum is to champion the sustainable management of the Manukau Harbour and
adjacent communities. They have developed a vision and strategy in line with
this which was adopted in September 2014.
14. The Forum has
no budget allocated to projects and relies on the member boards to fund
projects for their work programme.
Maori Impact Statement
15. A workshop of
the Manukau Harbour Forum was held on 13 April 2015 to discuss the ongoing role
of mana whenua in relation to the forum, with a view to updating the forum’s terms
of reference to include reference to this. A separate workshop
on the same day as the business meeting is scheduled to continue the discussion
and confirm the direction before this item is considered at the business
meeting.
16. One of the
proposed changes to the terms of reference is the inclusion of an additional
reference to Te Tiriti o Waitangi/The Treaty of Waitangi in relation to
planning matters, noting advice from officers regarding the likely impact of
future Treaty settlements on the Manukau Harbour.
Implementation
Issues
17. The binding agreement must be
entered into by all member boards prior to 31 July 2015.
Attachments
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No.
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Title
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Page
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aView
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Draft Revised Terms of Reference
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11
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bView
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Assessment of resolutions by member boards
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13
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cView
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Resolutions by member boards
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21
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Signatories
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Author
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Mary Binney - Local Board Advisor -
Maungakiekie-Tamaki
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Authoriser
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Victoria Villaraza - Relationship Manager
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