I hereby give notice that an ordinary meeting of the Appointments and Performance Review Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 2 March 2017

9.30am

Room 1, Level 26
135 Albert St
Auckland

 

Appointments and Performance Review Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Hon Phil Goff, JP

 

Deputy Chairperson

Hon Christine Fletcher, QSO

 

Members

Cr Chris Darby

 

 

Cr Richard Hills

 

 

Cr Penny Hulse

 

 

Cr Desley Simpson, JP

 

Ex-officio

Deputy Mayor Bill Cashmore

 

 

(Quorum 3 members)

 

 

 

Elaine Stephenson

Senior Governance Advisor

 

24 February 2017

 

Contact Telephone: (09) 890 8117

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


 

TERMS OF REFERENCE

 

Responsibilities

 

The Appointments and Performance Review Committee is established to:

 

1.         Review the chief executive’s performance and to recommend to the Governing Body the terms and conditions of the CE’s employment including any performance agreement measures and annual remuneration.

2.         Make appointments to Council-Controlled Organisations (CCOs), Council Organisations (COs) and exempt CCOs and COs.

3.         Approve policies relating to the appointment of directors and trustees to CCOs and COs.

 

Powers

 

All powers necessary to perform the committee’s responsibilities.

 

Except:

 

(a)        powers that the Governing Body cannot delegate or has retained to itself (section 2)

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

(c)        the power to establish sub-committees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 


Appointments and Performance Review Committee

02 March 2017

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Confirmation of Minutes                                                                                               7

4          Petitions                                                                                                                          7  

5          Public Input                                                                                                                    7

6          Local Board Input                                                                                                          7

7          Extraordinary Business                                                                                                7

8          Notices of Motion                                                                                                          8

9          Process for appointments to the Auckland Council/Selwyn Foundation joint venture company and Panuku Development Auckland Limted.                                            9  

10        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

11        Procedural Motion to Exclude the Public                                                                 11

C1       Appointment of a Deputy Chairperson to the board of Development Auckland Limited                                                                                                                                       11

C2       Board appointments to Auckland Council's/Selwyn Foundation Joint Venture Company                                                                                                                                       11  

 


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 Appointments and Performance Review Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 1 February 2017, 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.

 


Appointments and Performance Review Committee

02 March 2017

 

Process for appointments to the Auckland Council/Selwyn Foundation joint venture company and Panuku Development Auckland Limted.

 

File No.: CP2017/01428

 

  

 

Purpose

1.       To update the committee regarding the process for appointments to the board of Auckland Council/Selwyn Foundation Joint Venture Company (JVCo) and Development Auckland Limited (Panuku).

Executive summary

2.       The Appointments and Performance Committee, at its 2 February 2017 meeting, approved the short-listed candidates for interview to the board of the JVCo.

3.       A confidential report on this agenda provides the necessary information for the committee to make its decisions regarding the appointment of two candidates to the board of the JVCo. 

4.       The deputy chair on the board of Development Auckland Limited (Panuku) retired on 31 November 2016, and following local body elections and the appointment of its new Chief Executive, the committee has not had an opportunity to consider the appointment of a deputy chair for this board.

5.       A confidential report outlines the necessary information for the committee to make its decision regarding the appointment of deputy chair to Panuku.

6.       The process for all confidential reports is consistent with the Auckland Council Appointment and Remuneration Policy for Board Members of Council Organisations (the policy).

7.       The confidential reports and attachments will remain confidential, until the conclusion of the appointment process, after which the appointment decisions will be made publicly available.

 

Recommendation/s

That the Appointments and Performance Review Committee:

a)      note that a confidential report providing recommendations from the nomination panel  to the Appointment and Performance Review committee regarding the appointment of two candidates to the Auckland Council/Selwyn Foundation joint venture company board is included within the agenda and provides the necessary information for the committee to make its decision regarding the appointment.

b)      note that a confidential report regarding the appointment of a deputy chair to the board of Panuku Development Auckland Limited is included within the agenda and provides the necessary information for the committee to make its decision regarding the appointment.

c)      note that the final appointment decisions will be made publicly available at the conclusion of the appointment process but that the reports and their attachments will remain confidential.

 

 

 


 

Attachments

There are no attachments for this report.     

Signatories

Author

Josie Meuli - Senior Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

      

 


Appointments and Performance Review Committee

02 March 2017

 

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

 

That the Appointments and Performance Review 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       Appointment of a Deputy Chairperson to the board of Development Auckland Limited

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 potential directors being considered for appointment in the role of deputy chair on the board of Panuku Development Auckand Limited.

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.

 

C2       Board appointments to Auckland Council's/Selwyn Foundation Joint Venture Company

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 appointment of directors to the Auckland Council/Selwyn Foundation Joint Venture Company.

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.