I hereby give notice that an ordinary meeting of the Council Controlled Organisations Governance and Monitoring Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 29 March 2016

9.30am

Room 1, Level 26
135 Albert Street
Auckland

 

Council Controlled Organisations Governance and Monitoring Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Deputy Mayor Penny Hulse

 

Deputy Chairperson

Cr Calum Penrose

 

Members

Cr Anae Arthur Anae

 

 

Cr Cameron Brewer

 

 

Cr Dr Cathy Casey

 

 

Member Precious Clark

 

 

Cr Ross Clow

 

 

Cr Linda Cooper, JP

 

 

Cr Chris Darby

 

 

Cr Denise Krum

 

 

Cr Dick Quax

 

 

Cr Penny Webster

 

 

Member Glenn Wilcox

 

 

Cr George Wood, CNZM

 

Ex-officio

Mayor Len Brown, JP

 

 

(Quorum 7 members)

 

 

Jaimee Maha

Democracy Advisor

 

21 March 2016

 

Contact Telephone: (09) 890 8126

Email: jaimee.maha@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 



TERMS OF REFERENCE

 

 

Responsibilities

 

The committee will undertake the Auckland Council’s responsibilities for CCOs 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 (see Governing Body responsibilities)

(b)     where the committee’s responsibility is limited to making a recommendation only

 

(ii)      Power to establish subcommittees.

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 


Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                                9

8          Notices of Motion                                                                                                        10

9          Non-substantive Council-Controlled Organisations: Draft Statements of Intent 2016-2019                                                                                                                                       11

10        Substantive CCOs - Draft Statements of Intent 2016-2019                                     63  

11        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

12        Procedural Motion to Exclude the Public                                                                 79

C1       Auckland Council's Council Controlled Organisations - Board appointments 2016  79  

 


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

 

That the Council Controlled Organisations Governance and Monitoring Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 1 March 2016, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

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

 

 

5          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day 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 6.2 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 one (1) day’s 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 6.1 to speak to matters on the agenda.

 

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

 


 

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.

 


Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 

Non-substantive Council-Controlled Organisations: Draft Statements of Intent 2016-2019

 

File No.: CP2016/04832

 

  

Purpose

1.       To approve the shareholder comments on the draft 2016 – 2019 statements of intent (SOIs) provided by the non-substantive council-controlled organisations (CCOs): Contemporary Art Foundation (CAF), Community Education Trust Auckland (COMET), and Mangere Mountain Education Trust (MMET).

Executive Summary

2.       Auckland Council currently has three non-exempt non-substantive CCOs – CAF, COMET and MMET. As per legislation, these entities have submitted their draft SOIs covering the period 2016 – 2019 for shareholder review.

3.       The CCO Governance and External Partnerships team has reviewed the draft SOIs taking into account statutory requirements (schedule 8, Local Government Act 2002). Input was also sought from subject matter experts across council and the relevant local boards.

4.       This report is an opportunity to consider the proposed shareholder comments to the entities, which, if approved, must be provided in writing to the Chair of the CCO by the end of April 2016.

 

Recommendation/s

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      approve the following proposed shareholder comment for the draft 2016 – 2019 Statement of Intent (SOI) provided by Contemporary Art Foundation (CAF):

i)        the final SOI should provide clarity on the group structure, including a clear governance and service delivery distinction between Contemporary Art Foundation, Te Tuhi Contemporary Art Trust and Te Tuhi Art Gallery;

ii)       the final SOI should provide greater clarity on the nature and scope of planned actions to achieve a financially sustainable and resilient organisation;

b)      approve the following proposed shareholder comment for the draft 2016 – 2019 Statement of Intent (SOI) provided by Community Education Trust Auckland (COMET):

i)        the final SOI should provide greater clarity on which activities are dependent on non-council funding; 

c)      approve the following proposed shareholder comment for the draft 2016 – 2019 Statement of Intent (SOI) provided by Mangere Mountain Education Trust (MMET):

i)        the final SOI should articulate more clearly how the strategic objectives of MMET can contribute to the Māngere-Ōtāhuhu Local Board outcomes.

 

Comments

5.       Auckland Council currently has three non-substantive CCOs that are required to provide SOIs – CAF, COMET and MMET.

 

6.       The purpose, process and content requirements for the SOI are outlined by legislation (Schedule 8, Local Government Act, 2002). Broadly, the SOI is a forward-looking strategic document that offers an opportunity for the CCO and council to publicly outline the nature and scope of key strategic objectives and related delivery mechanisms.

7.       The SOI provides a basis for the accountability of the CCO directors to their shareholder on the performance of the organisation.

8.       In addition to the SOI, the three non-substantive CCOs also have funding agreements with Auckland Council where more operational goals can be articulated. These contracts are also important accountability tools in their own right and an additional mechanism for prioritising activities and monitoring performance of these CCOs.

9.       The draft SOIs provided by CAF, COMET and MMET are attached and the proposed shareholder comments prepared by council staff are outlined below. Given the strategic nature of the SOI, these were kept to a high-level.

Proposed Shareholder Comments

Contemporary Art Foundation (CAF)

10.     CAF’s draft SOI was reviewed by council staff from the CCO Governance and External Partnerships and Arts, Community and Events (ACE) teams.

11.     In general, CAF’s draft SOI covers the legislative requirements – it states the entity’s objectives, what activities it will perform to achieve these and the performance targets that will be used to measure the progress in relation to the objectives. It also contains information on the alignment of CAF’s objectives with Auckland Council’s diverse plans and strategies.

12.     The key proposed shareholder comments relate primarily to a need for greater clarity of the governance structure and mechanisms of service delivery.

13.     The draft SOI states that CAF provides a grant to another entity – Te Tuhi Contemporary Art Trust – to deliver on the funding agreement with council. The SOI should make a clear distinction between these two entities, and whether all of CAF’s objectives and activities are delivered through this mechanism. If some activities are delivered through CAF, and others through other entities, the SOI should include information on which services are delivered through each structure, and what value of funding is applied to those services.

14.     One of CAF’s key objectives relates to financial sustainability and resilience. The SOI should provide greater clarity on any specific actions in the three year work plan that addresses this objective.

15.     CAF remains concerned with the impacts of Auckland-Manukau Eastern Transport Initiative (AMETI) on CAF’s operations. The draft SOI articulates a commitment from CAF to maintain its operations at the current Pakuranga location for “as long as viably possible”, while noting that other options, including relocation of part or all of its programmes, continue to be pursued.

Community Education Trust Auckland (COMET)

16.     COMET’s draft SOI was reviewed by council staff from the CCO Governance and External Partnerships team.  The document covers the legislative requirements and articulates clearly COMET’s strategic objectives, the planned activities of delivery and relevant performance measures.

17.     In general, the activities outlined within the draft SOI align with the relevant Auckland Plan transformational shifts. Following the 2015-2025 Long-term Plan decisions to reduce COMET’s funding, the draft SOI also notes COMET’s desire to develop strategies to achieve greater financial sustainability.

18.     Given that some of COMET’s activities depend on additional funding from sources other than council, the recommended shareholder comment is that the SOI should provide greater clarity on which projects and activities are dependent on funding. This will offer greater understanding on which projects will be prioritised by COMET. 

 

Mangere Mountain Education Trust (MMET)

19.     MMET’s draft SOI was reviewed by council staff from the COO Governance and External Partnerships and Parks, Sports and Recreation teams and the Māngere-Ōtāhuhu Local Board. It covers the majority of legislative requirements with the exception of the summary of financials. The Trust is seeking to confirm details of this financial information for the next three years and will be providing the complete information with the final SOI.

20.     The key shareholder comments relate to the alignment of MMET’s strategic objectives with Auckland Council plans, in particular at the local board level. The SOI should articulate more clearly how the strategic objectives of the Trust align with Māngere-Ōtāhuhu Local Board objectives, and which activities deliver on local board outcomes.

Consideration

Local Board views and implications

Howick Local Board

21.     CAF has a role in contributing to several Howick Local Board objectives, and these are articulated through the SOI.

Māngere-Ōtāhuhu Local Board

22.     Council funding to MMET is provided through Māngere-Ōtāhuhu Local Board and the Board’s shareholder comments are incorporated in paragraph 20 above.

23.     The Māngere-Ōtāhuhu Local Board previously requested greater visibility of MMET to ensure the trust’s work aligns with the local board plan. The local board, through its Chair, has now established a good working relationship with MMET, particularly on significant strategic discussions, such as the SOI.

24.     While the governance relationship currently rests with the governing body through its CCO Governance and Monitoring Committee, MMET articulate a strong understanding and commitment to the relationship with the local board through the SOI.

25.     The local board has oversight of performance which is articulated through the funding agreement. However, the local board continue to note a strong wish to have governance oversight of this entity in the future.

Māori impact statement

26.     The strategic objectives and planned activities of all three non-substantive SOIs discussed in this report can be expected to benefit and contribute to Māori outcomes.

27.     This expectation is based on the fact that all three entities dedicate a significant amount of resources in activities that focus on the expression of Māori identity and aim to promote Māori well-being.

28.     A few examples are the work that promotes widespread learning of Te Reo Māori (COMET), the projects aiming to connect young Māori to models of Māori success (COMET), the activities that promote engagement of Māori children with the arts and creative sector both as audiences but also participants (CAF), and the heritage programmes developed to promote better understanding of the significance of Te Pane o Matahoho to manawhenua (MMET).

29.     Overall, each SOI articulates an understanding of each entity’s role in contributing to Māori social and economic well-being, and further details of specific contributions are outlined in the attached SOIs.

Implementation

30.     Following approval of the proposed shareholder comments by the committee, these will be provided in writing to the Chair of each CCO before the end of April. The CCO then has until the 30 June 2016 to consider the shareholder comments and submit the final SOI for approval.

Attachments

No.

Title

Page

aView

Contemporary Art Foundation (CAF) draft 2016-2019 Statement of Intent

15

bView

Community Education Trust Auckland (COMET) draft 2016-2019 Statement of Intent

33

cView

Mangere Mountain Education trust (MMET) draft 2016-2019 Statement of Intent

49

      

Signatories

Authors

Rita Bento-Allpress - Senior Advisor, CCO Governance and External Partnerships

Authorisers

Alastair Cameron - Manager CCO Governance and External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 



















Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 

















Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 















Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 

Substantive CCOs - Draft Statements of Intent 2016-2019

 

File No.: CP2016/03926

 

  

 

Purpose

1.       To approve the proposed shareholder comments on the draft Statement of Intent (SOI) for the period 1 July 2016 through to 30 June 2019 for the substantive Council Controlled Organisations (CCOs).

Executive Summary

2.       Each of the council’s substantive CCOs has submitted a draft SOI for the period 1 July 2016 to 30 June 2019 for shareholder review.

3.       Individual Letters of Expectation (LOEs) sent to CCO board chairs in December 2015 provided direction on the development of the 2016-2019 SOIs. A reconciliation of the direction outlined in the LOEs with that of the content in the draft SOI has been undertaken and is provided as Attachment A.

4.       Subject matter experts (SMEs) from across the council have reviewed the draft SOIs. Their feedback has shaped the proposed shareholder comments. If council, as the shareholder, chooses to make comments on the draft SOIs, these must be provided in writing to the chair of the CCO board by 30 April 2016.

5.       The proposed shareholder comments contained in this report have been split into general comments that will be applicable to all CCOs and specific comments for each CCO. The comments are limited to those of substantive nature.  

6.       Running parallel with the SOI process is the development of the Annual Plan 2016/2017 (AP). Where applicable, any decisions made as part of finalising the AP will be included in the final SOI.

 

Recommendation/s

That the Council Controlled Organisations Governance and Monitoring Committee:

a)      approve the proposed shareholder comments on the draft Statements of Intent 2016-2019 for the substantive CCOs

b)      agree that the Chair and Deputy Chair may approve amendments to the shareholder comment, provided that are in line with the resolutions of this committee or any other approved council policy.

 

Comments

SOI process

7.       After receiving the LOE from the Mayor, under the Local Government Act 2002, each CCO is required to develop a draft SOI to:

a.  outline its intention and activities for the forthcoming year

b.  provide an opportunity for shareholders to influence the direction of the CCO

c.  provide a basis of accountability for the directors of the CCO to its shareholders.

8.       The draft SOIs were all received by 1 March 2016. SMEs from across the council have reviewed the draft SOIs taking into account legislative requirements, LOEs, the Auckland Plan, the Long-term Plan (LTP) 2015-2025 and other relevant strategies and policies of council. Their feedback has shaped the proposed shareholder comments.

9.       If council chooses to provide shareholder comments, legislation requires that they are sent to the chairs of the CCOs by 30 April 2016.

10.     The proposed shareholder comments have been split into general comments that will be applicable to all CCOs and specific comments for each CCO. The comments are limited to those of substantive nature.

11.     Substantive CCOs are required to consider the shareholder comments at a public board meeting, before submitting final SOIs to the council on or before 30 June 2016.

12.     Running parallel with the SOI process is the development of the 2016/2017 AP. Where applicable, any decisions made as part of finalising the AP will be included in the final SOI. This will be included in the alignment of financial information and performance measures and the inclusion of information required by legislation. Council and CCO staff will work closely together on aligning these processes and information.

13.     On 7 October 2014 the CCO Governance and Monitoring Committee resolved to make changes to the CCO Accountability Framework. These included shifting the focus of SOIs towards the strategic priorities and performance for the next three years, with governance content moving to the new CCO Governance Manual.  The SOIs must now include a statement that CCO boards can comply with the CCO Governance Manual. 

Proposed shareholder comments applicable to all CCOs

14.     The following are the proposed shareholder comments that are applicable to all CCOs.

Aligning the final 2016-2019 SOI with the final 2016/2017 AP

15.     The final SOI must align to the decisions made as part of the council’s 2016/2017 AP and meet legislative requirements. This must ensure that:

a.       information contained in the final SOI is consistent with the 2016/2017AP

b.       financial information is provided for 2015/2016 (current) year, and the three subsequent years

c.       agreed non-strategic asset sale targets are included where appropriate

d.       performance measures and targets are worded exactly as in the LTP; and

e.       the SOI includes 2014/2015 actual performance, 2015/2016 (current year) targets and targets for the 2016-2019 years.

16.     Owing to legislative timeframes, the AP/LTP is developed at the same time as the SOI every year. Council and CCO staff must work to ensure that the legislative requirements are met and that all financial and non-financial information is well aligned between these documents as they are finalised.

Commitment to building a positive links between ratepayers and CCO activity

17.     Council expects that signage and other forms of communications for CCO activities and projects give recognition to the council and ratepayers. Co-branding principles and examples are clearly outlined in the Auckland Council Identity Guidelines (October 2013), the CCO logo guidelines (May 2013) and the Auckland Council Signage Manual v3.2 (September 2014). A commitment to proactive and meaningful engagement with the work of the Brand Navigation Group is required in the final SOI.

Te Reo framework

18.     Council is developing a Te Reo framework which will guide future council and CCO bilingual communication with the public.  CCOs should continue to work with council on this framework and make reference to it in their SOI.

Identification of Mataawaka and Mana whenua activities

19.     Because the council and its CCOs need to be responsive to both mataawaka and mana whenua, CCOs should make appropriate reference to each group in their final SOIs.

Proposed shareholder comments for Auckland Council Investments Limited (ACIL)

20.     It is proposed that the following be included in the shareholder comments for ACIL on its draft SOI 2016-2019 (see Attachment B):

21.     On 14 April 2015, the Council Controlled Organisations Governance and Monitoring Committee resolved that all CCOs including ACIL, must develop a service performance measure for their engagement with mana whenua in consultation with the Independent Māori Statutory Board (IMSB) (Resolution COU/2015/27). No such measure have been included in this draft SOI, therefore council requires that this measure is included in the final 2016-2019 SOI. 

22.     Financial information which records activity towards Māori responsiveness must be included in the final SOI. This could include the engagement programme with mana whenua or other activity towards achieving Māori responsiveness which is developed in the upcoming year.

23.     In the 9 December 2015 LOE council asked that the ACIL continue to drive value for money through increased used of shared services and working with council on the Alternative Financing Project.  Council appreciates the work already going on in this regard but ask that a commitment to these projects is explicitly stated in the final SOI.

24.     Similarly, the LOE asked that ACIL ensure that POAL has a stakeholder engagement plan in place.  There is no mention in the draft SOI of such a plan and it is important that a commitment to one is included in the final SOI.

25.     The CCO Governance Manual has been reference but no commitment has been made to complying with it.  This was asked for in the LOE.

26.     ACIL has a role in encouraging POAL to fully participate in the Port Future Study and the SOI should include a statement of ACIL’s expectations on this. This could be added to the bullet points under POAL.

27.     The 2015/2016 commitment for Auckland International Airport Ltd to contribute to council’s Greenhouse Gas Emissions target by 40 per cent has been removed and should be re-instated.  

Proposed shareholder comments for Development Auckland Limited (Panuku)

28.     It is proposed that the following be included in the shareholder comments for Panuku on its draft SOI 2016-2019 (see Attachment C):

29.     The following matters, outlined in the LOE,  have not been included sufficiently in the SOI and require amendment:

·    a commitment to driving value for money through the use of shared services and commitment to working with council in the Alternative Financing Project

·    commitment to including a strategic perspective when undertaking rent reviews

·    discussion with council on any significant matters on the Housing for Older People portfolio

·    complying with the brand identity guidelines and proactively contributing to the work of the Brand Navigation Group including the expectations on signage.  Council also recommends a commitment to discussing any new brand developments with the council first.

·    integrated planning with local boards on place-making initiatives (although maybe this is implied on page 9).

30.     The overall discussion of plans and processes outlined in the draft SOI uses many different phrases (e.g. High level project plans, Masterplans, Framework Plans). The suite of planning processes need to be agreed with the council but must include a business case for the redevelopment of each of these locations. 

31.     These processes will be led by Panuku, but must include the parts of the council group that will be involved and/or contribute resources to the redevelopment. Where these processes result in a need to reprioritise, recycle or secure new funding or assets this will need to be agreed by council through a business case.  Business cases must be approved via the normal LTP/AP processes. 

32.     The business case must also contain analysis on financial and non-financial trade-offs described in the draft SOI and performance measures for the redevelopment programme.

33.     Council appreciates the leadership Panuku has outlined in the development of the methodology for making such trade-offs, and notes council management should be part of approving the overall methodology.

34.     In general, Panuku has produced a draft SOI that makes commitment to Māori responsiveness which is commended. Since Panuku will often create or renew public spaces, the final SOI should articulate, how it will incorporate Māori identity and Te Aranga design principles in these projects.

35.     In the establishment SOI, Panuku referred to developing a framework for working with the individual local boards in ‘Transform’ and ‘Unlock’ locations. Council understood this to be in addition to or an enhancement of a local board engagement plan required by the CCO Governance Manual. This scale of redevelopment is likely to intersect with local board decision-making (local place-shaping and strategic visioning) and requires a greater level of engagement with a local board than would otherwise be expected. Council appreciates the good work currently underway in this matter.

Proposed shareholder comments for Auckland Tourism, Events and Economic Development (ATEED)

36.     It is proposed that the following requests be included in the shareholder comments for ATEED on its draft SOI 2016-2019 (see Attachment D):

37.     The 9 December 2015 LOE outlined a number of matters for inclusion in the SOI, all of which have been taken up.  However, two LOE matters which need to be outlined in more detail are:

·    commitments to a growth in external revenue and providing value for money. Whilst mention is made of these, there should be more detail in the three-year work programme on how ATEED will achieve these two things. In particular, there should be an explicit commitment to working with council on shared services and the Alternative Financing Project  

·    the Tamaki Herenga Waka Festival description should describe a joined-up approach to delivery of the festival by working with the council and its CCOs and mana whenua, acknowledging the role that Panuku played in this year’s festival and including how Regional Facilities Auckland (RFA) could be included.

 

38.     Council commends ATEED for its leadership role in the Whai Rawa (Māori economic development) programme of Te Toa Takitini and for making Māori social and economic wellbeing one of its primary contributions to the Auckland Plan.  The draft SOI is strong in this regard, helping the reader and ratepayer to understand ATEEDs leadership role. A number of commitments to Māori outcomes are made in the draft that could be strengthened further, namely:

·    leveraging major events to promote our Māori identity.  A statement such as “ATEED is committed to continuing to develop programmes to support Māori visibility at regional events” should be added

·    World Masters Games is a wholly owned subsidiary. Description should be added of how this event can showcase Auckland’s Māori identity and whether there are economic opportunities (including tourism opportunities) or focused outputs or activities

·    ‘Growth and Diversification of the Māori Economy’ – change “working in partnership with iwi and manu whenua” to “working in partnership with Māori and champions of Māori business”

·    the discussion on ‘Global Auckland’ should include reference to “Māori identity as Auckland’s point of difference in the world”

·    the addition of financial information on the contribution ATEED makes to Māori outcomes. This must be included for the final SOI.

39.     Council also notes that two key programmes of “Enabling education and talent” and “Grow a skilled workforce” are now “Grow and attract skilled talent”.  It is difficult to tell if there is a loss of activity in this area. The final SOI should outline any change to previous years activity.  Also, it would be useful to highlight or include any work to lift Māori outcomes in this key programme area.

Proposed shareholder comments for Auckland Transport (AT)

40.     It is proposed that the following requests be included in the shareholder comments for Auckland Transport on its draft SOI 2016-2019 (see Attachment E):

41.     The following matters, outlined in the LOE,  have not been included sufficiently in the SOI and require amendment:

·    Auckland Transport states that it is currently reviewing the CCO Governance Manual.  It should confirm its ability to comply with the CCO Governance Manual in the final SOI, especially the expectations on co-branding and signage (acknowledgement of ratepayer contribution)

·    quarterly (rather than annual) reporting of progress against the Accelerated Transport Programme

·    a commitment to driving value for money through the use of shared services and commitment to working with the council in the Alternative Financing Project.

42.     In addition to proactively working with the council on shared services, commitment should be made in the SOI to working with other parts of the council group to improve the integration of maintenance activities especially with regard to green spaces, footpaths and lighting in the public realm – including the road reserve, parks and reserves.

43.     The recommendations of the value for money review should also be incorporated into the final SOI if timing permits.

44.     On 14 April 2015, the Council Controlled Organisations Governance and Monitoring Committee resolved that all CCOs including AT, must develop a service performance measure for their engagement with mana whenua in consultation with the Independent Māori Statutory Board (IMSB) (Resolution COU/2015/27). No such measure has been included in this draft SOI, therefore the council requires that this measure is included in the final 2016-2019 SOI. 

45.     We recommend a number of other improvements to the draft SOI to reflect the investment outlined in the LTP, namely:

·    enabling council to ensure that the investment in rail electrification leads to increases in rail efficiencies. It is recommended that AT provides separate rail boarding targets (from overall public transport boardings) so that the council can continue to monitor the progress of rail patronage

·    a description of the programme of initiatives AT has to improve train travel times

·    an increase the cycling target for 2017/2018. Through the Accelerated Transport Programme, the council has provided an additional $110 million for walking and cycling. ‘Stretch’ targets for this activity will require AT to focus resources and try new initiatives

·    continuation of monitoring of cycling trips outside of the city centre to facilitate the equitable distribution of cycling funding and resources

·    visibility of the freight network in the SOI. There are 10 performance measures that relate to the freight network in the SOI (page 20).  The link back to strategic outcomes is described as “build network optimisation and resilience”.  The use of technical language such as this in the draft SOI makes it difficult for the average reader or stakeholder group (e.g. freight operators) to monitor investment in the freight network.  Additional explanatory text in this part of the SOI is recommended

·    local board member satisfaction performance measures and targets are included in the draft SOI which the council commends. However the targets set are those that were achieved from the 2014 elected member survey (43 per cent for satisfaction with reporting and 55 per cent for consultation). Local Board Services and AT staff should work together to agree a more appropriate satisfaction target, sharing ideas on making the best use of the considerable resource AT have applied to working with local boards.

46.     Finally, as transport projects often create or renew public spaces, AT should articulate in the final SOI, how it will incorporate Māori identity and Te Aranga design principles in its projects.

Proposed shareholder comments for Regional Facilities Auckland (RFA)

47.     It is proposed that the following requests be included in the shareholder comments for RFA on its draft SOI 2016-2019 (see Attachment F):

48.     The following matters, outlined in the LOE,  have not been included sufficiently in the SOI and require amendment:

·    a commitment to driving value for money through the use of shared services

·    complying with the brand identity guidelines and proactively contributing to the work of the Brand Navigation Group

·    commitment to Te Toa Takitini work programmes and the development of performance measures relating to these.

49.     Financial information which records activity towards Māori responsiveness must be included in the final SOI. This could include the engagement programme with mana whenua and mataawaka or any other activity towards achieving Māori responsiveness developed in the upcoming year.

50.     There are references in both the introduction under iwi engagement and RFA’s contribution to “the world’s most livable city” to Te Waka Angamua. These references should be removed.

51.     Since the renewal of regional facilities creates opportunities to incorporate Māori identity and Te Aranga design principles in refreshed public spaces, RFA should articulate in the final SOI a commitment to incorporating these considerations into design options.

Proposed shareholder comments for Watercare Services Limited (Watercare)

52.     It is proposed that the following requests be included in the shareholder comments for Watercare on its draft SOI 2016-2019 (see Attachment G):

53.     The following matters, outlined in the LOE,  have not been included sufficiently in the SOI and require amendment:

·    a commitment to driving value for money through the use of shared services and commitment to working with council in the Alternative Financing Project

·    proactively contributing to the work of the Brand Navigation Group

·    Commitment to act in accordance with the CCO Governance Manual.

·    description of Watercare’s primary role in supporting the Transformational shift “Quality urban living”. Watercare contributes to this by sequencing infrastructure delivery to align with council growth priorities. It is recommended that following wording (or similar) be included in the quality urban living section on page 5  “Watercare will provide effective and efficient water and wastewater networks that support growth, including in Special Housing Areas (SHAs), Spatial Priorities Areas (SPAs) and Future Urban Zones. Watercare will contribute to this transformation shift by aligning the timing and sequencing of investment in its networks to support the Auckland Council’s Future Urban Land Supply Strategy”

·    the list of projects in the three-year work programme (section 5) is insufficient. It is recommended that all projects listed in the LTP that are in progress during the period of the SOI should be included.  However, less detail on each programme is required than has been included in the draft SOI.

54.     In addition to the matters outlined in the LOE, council considers that the SOI is insufficient in three other areas, namely:

·        the strategic framework section 3 should be expanded to refer to the 30-year Infrastructure Strategy the council adopted in 2015 as part of the LTP

·        Watercare’s strategic priorities in section 4 should be expanded to include and additional priority “Investing in infrastructure to support growth”

·        measuring tangible outcomes from the Kaitiaki Forum in relation to either a Māori identity or Māori social and economic well-being rather than just attendance at meetings.

Consideration

Local Board views and implications

55.     The Governing Body is responsible for providing shareholder comments on the draft SOIs. The Local Board Services team has contributed SME feedback in the drafting of this report.

Māori impact statement

56.     The activities of CCOs have potential to impact Māori wellbeing and to influence the achievement of Auckland Plan and LTP outcomes relevant to Māori. The draft SOIs were separately reviewed by the IMSB and the council’s Te Waka Angamua department. Both provided SME feedback in the drafting of this report.

57.     CCO Chief Executives are part of the Te Toa Takitini executive leadership group and are delivering on activities within Te Toa Takitini’s work programme areas.  Progress reports on Te Toa Takitini activities are provided quarterly to the executive leadership group, the joint IMSB/Governing Body meeting, and to the Finance and Performance Committee. Information on Te Toa Takitini activities delivered by CCOs will also be visible through CCOs’ reporting to the Council Controlled Organisations Governance and Monitoring Committee.

58.     Te Waka Angamua has commented that in general, the Māori specific content of the draft SOIs has improved year on year, and that this set of draft SOIs is a step up again.  Te Waka Angamua believe that both the CCO Governance Manual and Te Toa Takitini membership has influenced this process.

Implementation

59.     The final SOIs must align with the 2016/2017 AP. Given the timing of decisions, some minor updates may be required post 30 June 2016.

 

 

Attachments

No.

Title

Page

aView

2016-2019 Statements of Intent reconcilliation to LOEs

71

bView

ACIL Draft SOI 2016-19 (Under Separate Cover)

 

cView

Panuku Draft SOI 2016-19 (Under Separate Cover)

 

dView

ATEED Draft SOI 2016-19 (Under Separate Cover)

 

eView

Auckland Transport Draft SOI 2016-19 (Under Separate Cover)

 

fView

RFA Draft SOI 2016-19 (Under Separate Cover)

 

gView

Watercare Draft SOI 2016-19 (Under Separate Cover)

 

     

Signatories

Authors

Rose Leonard - Principal Advisor

Authorisers

Alastair Cameron - Principal Advisor CCO Governance and External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 







     

 


Council Controlled Organisations Governance and Monitoring Committee

29 March 2016

 

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

 

That the Council Controlled Organisations Governance and Monitoring 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       Auckland Council's Council Controlled Organisations - Board appointments 2016

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 regarding the appointment of directors to Auckland Council's CCOs.

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.