I hereby give notice that an ordinary meeting of the Governing Body will
be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 28
April 2016
9:30am
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Len Brown, JP
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Deputy Mayor
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Penny Hulse
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Councillors
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Cr Anae Arthur Anae
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Cr Dick Quax
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Cr Cameron Brewer
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Cr Sharon Stewart, QSM
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Cr Dr Cathy Casey
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Cr Sir John Walker, KNZM, CBE
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Cr Bill Cashmore
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Cr Wayne Walker
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Cr Ross Clow
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Cr John Watson
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Cr Linda Cooper, JP
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Cr Penny Webster
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Cr Chris Darby
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Cr George Wood, CNZM
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Cr Alf Filipaina
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Cr Hon Christine Fletcher, QSO
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Cr Denise Krum
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Cr Mike Lee
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Cr Calum Penrose
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(Quorum 11 members)
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Elaine Stephenson
Democracy Advisor
20 April 2016
Contact Telephone: (09) 890 8117
Email: elaine.stephenson@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Those powers which cannot legally be delegated:
(a) the power to make a
rate; or
(b) the power to make a
bylaw; or
(c) the power to borrow money, or
purchase or dispose of assets, other than in accordance with the long term
council community plan; or
(d) the power to adopt a
long term plan, annual plan, or annual report; or
(e) the power to appoint a
Chief Executive; or
(f) the power to adopt policies
required to be adopted and consulted on under the Local Government Act 2002 in
association with the long term plan or developed for the purpose of the local
governance statement; or
(g) the power to adopt a remuneration and employment
policy.
Additional responsibilities retained by the Governing Body:
(a) approval of a draft long term
plan or draft annual plan prior to community consultation
(b) approval of a draft bylaw prior
to community consultation
(c) resolutions required to be made
by a local authority under the Local Electoral Act 2001, including the
appointment of electoral officer
(d) adoption of, and amendment to,
the Committee Terms of Reference, Standing Orders and Code of Conduct
(e) relationships with the
Independent Māori Statutory Board, including the funding agreement and
appointments to committees.
(f) approval of the Unitary Plan
(g) overview
of the implementation of the Auckland Plan through setting direction on key
strategic projects (e.g. the City Rail Link and the alternative funding
mechanisms for transport) and receiving regular reporting on the overall
achievement of Auckland Plan priorities and performance measures.
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.
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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.
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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).
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However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
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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.
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Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
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All staff supporting the meeting (administrative, senior
management) remain.
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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.
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Governing Body
28 April 2016
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ITEM TABLE OF CONTENTS PAGE
1 Affirmation 7
2 Apologies 7
3 Declaration of Interest 7
4 Confirmation of Minutes 7
5 Acknowledgements and Achievements 7
6 Petitions 7
7 Public Input 7
8 Local Board Input 7
9 Extraordinary Business 8
10 Notices of Motion 8
11 Update on Tripartite Economic Summit 2016 9
12 2016 local government elections - meetings and
decision-making until new committee structure is established 11
13 Consideration of Extraordinary
Items
His Worship the
Mayor will read the affirmation.
2 Apologies
Apologies from
Cr C Darby and Cr J Watson have 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 Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 31 March 2016, including the
confidential section, as a true and correct record.
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5 Acknowledgements and Achievements
His Worship the
Mayor will acknowledge the passing of Alec Smith and Kurtis Haiu.
6 Petitions
At the close of
the agenda no requests to present petitions had been received.
7 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.
8 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.
9 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.”
10 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
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Governing Body
28 April 2016
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Update on
Tripartite Economic Summit 2016
File No.: CP2016/07305
Purpose
1. To provide an
update on the planning for the Auckland hosted Tripartite Economic Alliance
Summit (Tripartite Summit), 16-17 May 2016.
Executive
summary
2. The Tripartite
Summit will be attended by Auckland, Guangzhou and Los Angeles city
representatives and business leaders.
3. A presentation
will be given by Pam Ford, Auckland Tourism, Economic and Events (ATEED) Head
of International Partnerships and Trade and Jim Quinn, Head of Strategy,
Auckland Council.
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Recommendation/s
That the Governing Body:
a) receive the
update on the Tripartite Summit 2016.
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Attachments
There are no attachments for
this report.
Signatories
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Author
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Elaine Stephenson - Holly Warren – Manager, Global
Partnerships and Strategy
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Authoriser
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Stephen Town - Chief Executive
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Governing Body
28 April 2016
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2016 local government elections - meetings and
decision-making until new committee structure is established
File No.: CP2016/06788
Purpose
1. To note the
legal implications of the pending elections on committee and panel meetings.
2. To provide for
appropriate delegations between the final governing body meeting and the
inaugural meeting of the new Governing Body.
Executive
Summary
3. On the day
following the official declaration of the election results, the term of office
of current members ends and the term of office of new members commences. The
declaration is likely to be publicly notified on 15 October 2016.
4. Committees are
discharged at the time new members come into office, except for the Civil
Defence and Emergency Management Committee.
5. The final
governing body meeting is scheduled for 29 September 2016. A governing body
meeting has been tentatively scheduled for 6 October 2016, but will not be held
unless there is a significant urgent matter to consider.
6. We recommend
that delegations be put in place for the period following the final governing
body meeting to the end of the term of office of current members, and for the
period from the commencement of the term of office of newly-elected members
until the inaugural meeting when members are sworn in.
7. All demographic advisory panels
will be disestablished one month prior to election day.
8. The term of office of members of
the Maunga Authority continues until 6 December 2016.
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Recommendation/s
That the Governing Body:
a) note that the
final governing body meeting will be held on 29 September 2016 and that all
other normal monthly meetings will cease at the end of September 2016.
b) note that
a tentative governing body meeting has been scheduled for 6 October 2016, but
will only be held if a significant and urgent matter requires consideration
by the full governing body.
c) delegate to
any two of either the Mayor, Deputy Mayor and a chairperson of a committee of
the whole, the power to make, on behalf of the governing body, urgent
decisions that may be needed between the final governing body meeting and the
day the term of office of current members ends.
d) note that
during the period from the commencement of term of office of new members
following the elections until the inaugural meeting of the governing body on
1 November 2016, decision-making will be undertaken by the Auckland Council
Chief Executive under current delegations.
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Comments
Meetings
9. Following the
elections, elected members come into office the day following the official
public declaration of the results, which is likely to be 15 October 2016.
Committees therefore cease to exist from that date. The incoming mayor then
establishes a new committee structure with chairpersons and the governing body
makes appointments. This is likely to be soon after the inaugural meeting, which
is scheduled for 1 November 2016.
10. The Civil
Defence and Emergency Management Committee continues under legislation, and may
be convened if required[1].
11. No meetings that
are part of the current committee structure and which involve councillors will be
scheduled during October 2016.
12. Current
councillors’ term of office expires when new members come into office. This is
likely to be on 16 October 2016, the day after the official declaration of
results. Elected members cannot act as members until they have made their
statutory declarations at the inaugural meeting on 1 November 2016[2].
From 16 October 2016, re-elected councillors should not attend meetings of any
body to which they have been appointed in a formal capacity as a councillor
until they have made the statutory declaration.
Advisory
panels
13. The Governing
Body at its meeting on 19 December 2013 resolved that, apart from the Youth
Advisory Panel, all demographic advisory panel members would have a term of
three years and that panels would be disestablished one month before council
elections (GB/2013/160).
14. Advice will be
provided to the incoming Mayor on advisory panels as a mechanism to engage with
the diverse communities of Auckland. Once the Mayor has decided whether to
re-establish panels and in what form, staff will work on establishing new
panels in the first quarter of 2017.
Maunga
Authority
15. The Ngā Mana Whenua o Tāmaki Makaurau
Collective Redress Act 2014, schedule 4, clause 2, states that the term
of office of a member of the Maunga Authority ends on the 59th day
following local government election day (Tuesday 6 December 2016).
16. Whether
the councillors who are presently members of the Maunga Authority are
re-elected or not, they will remain members of the Authority until 6 December
2016. However, if they are re-elected the proviso in paragraph 12 will still
apply, and the councillors will not be able to make decisions between 16
October and 1 November 2016.
17. Staff will work
with the Maunga Authority on meeting dates to avoid meetings between 16
October and 1 November 2016.
Decision-making
18. There are two
distinct periods that impact on governing body decision-making:
§ the period from the final governing body
meeting until the day after the declaration of the election results, when
current members’ terms of office expire;
§ the period from the day after the
declaration of results, when new members’ terms of office commence, until the
inaugural meeting on 1 November 2016, when new members will make their
statutory declarations.
19. It is
recommended that during the first period, the same arrangements are put in
place as for the Christmas close down period. This provides for any decision
that would normally involve a political meeting to be made by any two of the
mayor, deputy mayor and a chairperson of a committee of the whole. A meeting
of the governing body is tentatively scheduled for 6 October 2016, but it will
only be held if a significant and urgent matter needs to be considered by the
full governing body.
20. During the
second period, the Chief Executive will exercise his current delegations. These
are expressed as:
“The Council
delegates to the Chief Executive Officer all responsibilities, duties and
powers to act on any matter, subject to the restrictions set out in the general
rules applying to all delegations - Auckland Council, and excluding those
matters in respect of which delegation is prohibited by any Act or regulation,
or which are expressly excluded from this delegation at Schedule 1.
This delegation
does not preclude the Chief Executive Officer from referring for any reason any
matter to the governing body or a local board, or a committee (including a
subcommittee) of the governing body or a local board, for a decision.”
21. Schedule 1 of
this delegation limits the financial delegation to the Chief Executive acting
alone to $20 million, subject to conditions (for example, expenditure
being budgeted).
Consideration
Local
Board views and implications
22. Local board
meetings, committees and decision-making are affected by the same legislation.[3]
Local Board Services will manage the arrangements for local boards.
Māori
impact statement
23. The matter is an
internal procedural matter and does not impact on Māori.
Implementation
24. The recommendations in this report, if approved, will be implemented
by Democracy Services.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Warwick McNaughton - Principal Advisor - Democracy
Services
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Authorisers
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Marguerite Delbet - Manager Democracy Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
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