Minutes of Council Controlled Organisations Governance and Monitoring Committee

Council Controlled Organisations Governance and Monitoring Committee

OPEN MINUTES

Minutes of a meeting of the Council Controlled Organisations Governance and Monitoring Committee held in Room 1, Level 26, 135 Albert Street, Auckland on Tuesday, 6 September 2016 at 9.35am.

present

Chairperson	Deputy Mayor Penny Hulse
Deputy Chairperson	Cr Calum Penrose	Until 12.49pm, Item 11
Members	Cr Anae Arthur Anae
	Cr Cameron Brewer	Until 12.14pm, Item 11
	Member Precious Clark	Until 11.27am, Item 11
	Cr Ross Clow
	Cr Linda Cooper, JP
	Cr Chris Darby
	Cr Denise Krum
	Cr Dick Quax	From 9.41am, Item 10, Until 11.57am, Item 11
	Cr Penny Webster
	Member Glenn Wilcox	From 9.44am, Item 10
	Cr George Wood, CNZM	From 9.41am, Item 10, Until 11.59am, Item 11

ABSENT

	Mayor Len Brown, JP
	Cr Dr Cathy Casey

ALSO PRESENT

Cr Bill Cashmore

IN ATTENDANCE

	Mark Thomas	Ōrākei Local Board
	Keith Taylor	Chair, Auckland Council Investments Limited
	John Crawford	Chief Executive, Auckland Council Investments Limited
	Lester Levy	Chair, Auckland Transport
	Richard Morris	Chief Financial Officer, Auckland Transport
	David Clarke	Chair, Watercare Services Limited
	Catherine Harland	Director, Watercare Services Limited
	Julia Hoare	Director, Watercare Services Limited
	Raveen Jaduram	Chief Executive, Watercare Services Limited
	Brian Monk	Chief Financial Officer, Watercare Services Limited
	Dame Jenny Gibbs	Deputy Chair, Regional Facilities Auckland
	Chris Brooks	Chief Executive, Regional Facilities Auckland
	Simon Tran	Chief Financial Officer, Regional Facilities Auckland
	David McConnell	Chair, Auckland Tourism, Events and Economic Development
	Brett O’Riley	Chief Executive, Auckland Tourism, Events and Economic Development
	Patrick McVeigh	General Manager – Business, Innovation and Skills, Auckland Tourism, Events and Economic Development
	John Dalzell	Interim Chief Executive, Panuku Development Auckland
	Carl Gosbee	Chief Financial Officer/ Director Corporate Services, Panuku Development Auckland

Council Controlled Organisations Governance and Monitoring Committee

06 September 2016

1 Apologies

Resolution number COU/2016/53

MOVED by Chairperson PA Hulse, seconded by Cr C Brewer:

That the Council Controlled Organisations Governance and Monitoring Committee:

a) accept the apologies from Mayor LCM Brown and Cr C Casey for absence, from Member G Wilcox and Cr GS Wood for lateness, and from Member P Clark for early departure.

CARRIED

2 Declaration of Interest

There were no declarations of interest.

3 Confirmation of Minutes

Resolution number COU/2016/54

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 2 August 2016, including the confidential section, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

There was no public input.

6 Local Board Input

There was no local board input.

7 Extraordinary Business

There was no extraordinary business.

8 Notices of Motion

There were no notices of motion.

Substantive Council-controlled Organisations and Tāmaki Redevelopment Company Limited: Shareholders' Annual General Meetings

Resolution number COU/2016/55

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a) authorise the Chief Executive Auckland Council to act as Auckland Council’s shareholder representative to execute a written resolution instead of holding an annual shareholders’ meeting for the following companies:

i) Auckland Council Investments Limited;

ii) Auckland Tourism, Events and Economic Development Limited;

iii) Regional Facilities Auckland Limited;

iv) Watercare Services Limited; and

v) Panuku Development Auckland Limited.

b) authorise the Chief Executive Auckland Council to act as Auckland Council representative of the jointly owned company Tāmaki Redevelopment Company Limited to either:

i) execute a written shareholders’ resolution instead of holding an annual meeting of the shareholder; or

ii) vote on Auckland Council’s behalf at an Annual General Meeting of the Company; or

iii) execute a proxy form on behalf of Auckland Council.

CARRIED

Council Controlled Organisation Exemptions

Cr D Quax entered the meeting at 9.41 am.

Cr GS Wood entered the meeting at 9.41 am.

Member G Wilcox entered the meeting at 9.44 am.

Resolution number COU/2016/56

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

That the Council Controlled Organisations Governance and Monitoring Committee:

a) agree to grant council controlled organisation exemptions under the Local Government Act 2002 to the following council controlled organisations:

i) Downtown Marinas Limited

ii) Westhaven Marinas Limited

iii) Westhaven (Existing Marinas) Trust

iv) Westhaven (Marina Extension) Trust

v) Auckland City Water Limited

vi) Watercare Harbour Clean-Up Trust

vii) Mount Albert Grammar School Community Swimming Pool Trust

viii) Arts Regional Trust

ix) Manukau Beatification Charitable Trust

x) Highbrook Park Trust

on the grounds that the costs associated with meeting the Statement of Intent accountability requirements of the Local Government Act for these organisations, outweigh any likely benefits.

b) agree to review these exemptions by September 2019, noting that the exemptions can be revoked by the council at any time.

CARRIED

11	Council Controlled Organisations Fourth Quarter Reports for 30 June 2016
	PowerPoint presentations were provided. Copies have been placed on the official minutes, and are available on the Auckland Council website as minutes attachments.
	Cr C Brewer left the meeting at 10.55 am. Cr AJ Anae left the meeting at 11.03 am. Cr C Brewer returned to the meeting at 11.11 am. Cr AJ Anae returned to the meeting at 11.13 am. Member P Clark retired from the meeting at 11.27 am. Cr GS Wood left the meeting at 11.35 am. Cr GS Wood returned to the meeting at 11.43 am. Cr GS Wood left the meeting at 11.44 am. Cr GS Wood returned to the meeting at 11.57 am. Cr D Quax left the meeting at 11.57 am. Cr GS Wood retired from the meeting at 11.59 am. Cr C Darby left the meeting at 12.05 pm. Cr C Brewer retired from the meeting at 12.14 pm. Cr C Darby returned to the meeting at 12.17 pm. Deputy Chairperson CM Penrose retired from the meeting at 12.49 pm. Cr MP Webster left the meeting at 12.49 pm. Cr MP Webster returned to the meeting at 12.54 pm. Cr R Clow left the meeting at 12.55 pm.
	Resolution number COU/2016/57 MOVED by Chairperson PA Hulse, seconded by Cr AJ Anae: That the Council Controlled Organisations Governance and Monitoring Committee: a) receive the report for the fourth quarter ending 30 June 2016 from Auckland Council Investments Limited. b) receive the report for the fourth quarter ending 30 June 2016 from Auckland Transport. c) receive the report for the fourth quarter ending 30 June 2016 from Watercare Services Limited. d) receive the report for the fourth quarter ending 30 June 2016 from Regional Facilities Auckland. e) receive the report for the fourth quarter ending 30 June 2016 from Auckland Tourism, Events and Economic Development. f) receive the report for the fourth quarter ending 30 June 2016 from Panuku Development Auckland. CARRIED
	Attachments a 6 September 2016, Council Controlled Organisations Governance and Monitoring Committee, Item 11 - Auckland Transport Fourth Quarter Report Presentation b 6 September 2016, Council Controlled Organisations Governance and Monitoring Committee, Item 11 - Watercare Services Limited Fourth Quarter Report Presentation c 6 September 2016, Council Controlled Organisations Governance and Monitoring Committee, Item 11 - Regional Facilities Auckland Fourth Quarter Report Presentation d 6 September 2016, Council Controlled Organisations Governance and Monitoring Committee, Item 11 - Auckland Tourism, Events and Economic Development Fourth Quarter Report Presentation

12 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

13 Procedural motion to exclude the public

Resolution number COU/2016/58

MOVED by Chairperson PA Hulse, seconded by Cr AJ Anae:

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 Mount Albert Grammar School Community Swimming Pool Trust: Extension of term of appointment

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 private information about the Chair and current Trustees of Mount Albert Grammar School Community Swimming Pool Trust.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

1.05 pm The public was excluded.

1.12 pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

Mount Albert Grammar School Community Swimming Pool Trust: Extension of term of appointment

Resolution number COU/2016/59

MOVED by Cr MP Webster, seconded by Cr AJ Anae:

That the Council Controlled Organisations Governance and Monitoring Committee:

Restatement

c) note that the report and attachments will remain confidential, but clauses a) to b) can be made publicly available once trustees have been notified.

1.12 pm The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

CONFIRMED AS TRUE AND CORRECT BY

THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 8.1.4 ON

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

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

LEAD OFFICER: .......................................................