Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Wednesday, 25 May 2016 at 9.34am.

 

present

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

From 10.24am, Item 12

 

Cr Cameron Brewer

From 9.41am, Item 5.1

 

Cr Dr Cathy Casey

 

 

Cr Bill Cashmore

 

 

Cr Ross Clow

From 10.12, Item 12

 

Cr Linda Cooper, JP

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Mike Lee

From 9.35am, Item 2

 

Cr Calum Penrose

 

 

Cr Dick Quax

 

 

Cr Sir John Walker, KNZM, CBE

 

 

Cr Wayne Walker

From 9.36am, Item 5.1

 

Cr John Watson

 

 

Cr Penny Webster

 

 

Cr George Wood, CNZM

 

 

ABSENT

 

 

Cr Hon Christine Fletcher, QSO

 

 

 

Cr Denise Krum

 

 

 

Cr Sharon Stewart, QSM

 

 

 

 

IN ATTENDANCE

 

 

David Rankin

Director, Strategy and Engagement, Panuku Development Auckland

 

Jo Smaill

Audit Director, Audit New Zealand

 


Governing Body

25 May 2016

 

 

 

1          Affirmation

 

His Worship the Mayor read the affirmation.

 

 

2          Apologies

 

Cr ME Lee entered the meeting at 9.35 am.

Resolution number GB/2016/35

MOVED by Mayor LCM Brown, seconded by Cr C Casey:  

That the Governing Body:

a)         accept the apologies from Cr CE Fletcher for absence, from Cr DA Krum and Cr SL Stewart for lateness on council business, and from Cr WD Walker for lateness.

CARRIED

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number GB/2016/36

MOVED by Mayor LCM Brown, seconded by Cr W Cashmore:  

That the Governing Body:

a)         confirm the ordinary minutes of its meetings, held on Thursday, 28 April and Friday, 13 May 2016, as true and correct records.

CARRIED

 

 

5          Acknowledgements and Achievements

 

5.1

Acknowledgements

 

Cr WD Walker entered the meeting at 9.36 am.

Cr C Brewer entered the meeting at 9.41 am.

 

His Worship the Mayor acknowledged the passing of Chris Parkinson and Penina Latu.

 

The text of the acknowledgements has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Deputy Mayor PA Hulse also acknowledged the passing of His Worship the Mayor’s father, Tom Brown, MBE, “as an educationalist, as a principal and as a much-loved and respected member of the community of south Auckland”.

 

A moment of silence was observed.

 

 

 

 

Achievements

 

A document noting Auckland Council’s Group achievements for May 2016 was tabled.

 

A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Attachments

a     25 May 2016 - Governing Body - Item 5.1 - Acknowledgements

b     25 May 2016 - Governing Body - Item 5.1 - Auckland Council Group's Achievements May 2016

 

 

6          Petitions

 

There were no petitions.

 

 

7          Public Input

 

As Items 11 – SkyPath – Project Update, and C1 – Financing and Business Report for SkyPath, had been deferred to the 30 June 2016 Governing Body meeting, all related public input items were also deferred.

 

 

8          Local Board Input

 

As Items 11: SkyPath – Project Update, and C1 – Financing and Business Report for SkyPath had been deferred to the 30 June 2016 Governing Body meeting, all related Local Board input items were also deferred.

 

 

9          Extraordinary Business

 

There was no extraordinary business.

 

 

10        Notices of Motion

 

There were no notices of motion.

 

 

11

SkyPath - Project Update

 

 

 

This item was deferred to the 30 June 2016 Governing Body meeting.

 

 

His Worship the Mayor advised that Item 14 would be accorded precedence at this time.


 

14

Housing for Older People Partnering Proposal - Adoption of Consultation Document, Supporting Information, and consultation approach

 

David Rankin, Panuku Development Auckland, and Jo Smaill, Audit New Zealand, were present for this item.

 

The draft Independent Auditor’s report was tabled at the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Resolution number GB/2016/37

MOVED by Mayor LCM Brown, seconded by Cr C Casey:  

That the Governing Body:

a)      adopt the Supporting Information for the Housing for Older People Partnering Proposal to support the consultation process.

b)      adopt the Consultation Document for the Housing for Older People Partnering Proposal.

c)      delegate authority to the Deputy Mayor and the Group Chief Financial Officer to approve any editorial changes in finalising the Consultation Document and Supporting Information for printing and distribution.

d)      approve the public consultation approach for the Housing for Older People noting that:

i)       public consultation will run from 1 June 2016 to 1 July 2016

ii)      feedback can be provided through written feedback, in person and digital channels

iii)     Have Your Say events to be held across the region to allow Aucklanders to provide feedback and have their views heard by decision makers (or their delegates)

iv)     a summary of the final decisions made and how Aucklanders views were considered in the decision-making process will be made publicly available in September.

e)      delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken interaction/NZ sign language interaction” at the Have Your Say events for consultation on the Housing for Older People Partnering Proposal:

i)       Councillors

ii)      Local board chairs and local board members

iii)     Tier 1 - 4 staff and any additional staff selected by the Chief Executive

f)       delegate to the Deputy Mayor and the Group Chief Financial Officer, the power to make any required process decisions for the events, including Council representative attendance.

CARRIED

 

Note:   Pursuant to Standing Order 1.8.6, Cr ME Lee requested that his dissenting vote be recorded.

 

Attachments

a     25 May 2016, Governing Body, Item 14 - Housing for Older People Partnering Proposal, Draft Independent Auditor's report

 


 

12

Proposed response to Local Government Commission's request for alternative applications in relation to the Northern Action Group re-organisation proposal

 

Cr R Clow entered the meeting at 10.12 am.

Cr C Darby left the meeting at 10.23 am.

Cr AJ Anae entered the meeting at 10.24 am.

Cr WD Walker left the meeting at 10.25 am.

 

Note:   Clause c) was incorporated with the agreement of the meeting.

 

Resolution number GB/2016/38

MOVED by Cr MP Webster, seconded by Mayor LCM Brown:  

That the Governing Body:

a)      note that the Local Government Commission has called for alternative applications in relation to the Northern Action Group’s proposal to create a unitary council.

b)      agree to advise the Local Government Commission that council is actively considering how best to support the local board/governing body relationship to function optimally and will consider relevant concerns as part of this work.

c)         request that the Chief Executive inform the Local Government Commission of the difficulty within the process to ascertain the views of the wider Rodney Local Board and community about this process.

CARRIED

 

13

Independent Māori Statutory Board - proposed funding agreement for the 2016/17 financial year

 

Cr C Darby returned to the meeting at 10.26 am.

Cr WD Walker returned to the meeting at 10.27 am.

 

Note:   Clause d) was incorporated with the agreement of the meeting.

 

Resolution number GB/2016/39

MOVED by Mayor LCM Brown, seconded by Cr C Darby:  

That the Governing Body:

a)      approve the 2016/17 funding agreement between Auckland Council and the Independent Māori Statutory Board, which comprises a total direct funding of $2,898,000 (opex).

b)      agree that variations to the 2016/17 funding agreement between Auckland Council and the Independent Māori Statutory Board of no more than $50,000 in the financial year can be agreed between the chief executive of the Auckland Council and the chief executive of the Independent Māori Statutory Board, subject to budget being available to cover the variations.

c)      note that following approval of the proposed funding by the Governing Body, the 2016/17 funding agreement between Auckland Council and the Independent Māori Statutory Board will be prepared and signed by the Mayor and council’s chief executive and the Independent Māori Statutory Board chair and chief executive.

d)      agree that the proposed 2016/17 budget shows  $397,749 for shared and support services, reflecting expenses covered by Auckland Council on behalf of the IMSB paid directly by council, amounting to total funding of $3,295,749 (opex).

           

 

Support services provided by third parties through Auckland Council to the IMSB

2015/16
Budget

2016/17
Proposed Budget

Property (rental, opex, car parks)

$366,081

$366,081

Insurance

$15,000

$15,000

Telecomms (mobile, landlines, internet)

$36,500

$16,668

Total

$417,581

$397,749

 

A division was called for, voting on which was as follows:

For

Cr AJ Anae

Cr C Brewer

Mayor LCM Brown

Cr C Casey

Cr W Cashmore

Cr R Clow

Cr LA Cooper

Cr C Darby

Cr AM Filipaina

Deputy Mayor PA Hulse

Cr CM Penrose

Cr D Quax

Cr JG Walker

Cr MP Webster

Against

Cr ME Lee

Cr WD Walker

Cr J Watson

Cr GS Wood

Abstained

 

The motion was declared carried by 14 votes to 4.

CARRIED

 

 

Note:   Item 14 - Housing for Older People Partnering Proposal - Adoption of Consultation Document, Supporting Information, and consultation approach, was considered before Item 12 - Proposed response to Local Government Commission's request for alternative applications in relation to the Northern Action Group re-organisation proposal.

 

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 


 

16        Procedural motion to exclude the public

Cr C Casey left the meeting at 10.45 am.

Resolution number GB/2016/40

MOVED by Mayor LCM Brown, seconded by Cr W Cashmore:  

That the Governing Body:

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       Financing and business report for SkyPath

This item was deferred to the 30 June 2016 Governing Body meeting.

 

C2       EMU Loan - Early Repayment and Refinancing

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, this is to ensure negotiations can be concluded with the Crown and any other private parties.

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.

 

 

 

 

 

 

 

 

 

 

 

C3       Kingseat Landing Reserve and Te Toro Recreation Reserve - Ngati Tamaoho

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)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

In particular, the report contains information provided by the Crown to council in confidence on the understanding the information is negotiation sensitive between Hapu / Iwi and the Crown. If confidential information is made available, it will prejudice both those negotiations and the provision of similar information to council in the future.

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

 

10.43am          The public was excluded.

 

10.58am          The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

C1

Financing and business report for SkyPath

 

This item was deferred to the 30 June 2016 Governing Body meeting.

 

 

C2

Electric Multiple Unit (EMU) Loan - Early Repayment and Refinancing

 

Resolution number GB/2016/41

MOVED by Cr CM Penrose, seconded by Cr LA Cooper:  

That the Governing Body:

c)      note that the agenda report and decisions remain confidential until negotiations are concluded.

 

 

C3

Kingseat Landing Reserve and Te Toro Recreation Reserve - Ngati Tamaoho

 

Resolution number GB/2016/42

MOVED by Cr W Cashmore, seconded by Cr CM Penrose:  

That the Governing Body:

c)      agree that the agenda report, attachments, and decisions remain confidential until advised by the Crown that the obligation of confidentiality is removed.

 

 

 

10.58 am                                            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 Governing Body HELD ON

 

 

 

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

 

 

 

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