Agenda of Governing Body

Terms of Reference

Those powers which cannot legally be delegated:

(a) the power to make a rate

(b) the power to make a bylaw

(d) the power to adopt a long term plan, annual plan, or annual report

(e) the power to appoint a chief executive

(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

(g) the power to adopt a remuneration and employment policy.

Additional responsibilities retained by the Governing Body:

(a) approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(b) approval of a draft bylaw prior to 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 and refresh 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.

· 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.

1 Affirmation

His Worship the Mayor will read the affirmation.

2 Apologies

An apology has been received from Cr C Casey.

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

That the Governing Body:

a) confirm the ordinary minutes of its meeting, held on Thursday, 23 February 2017, as a true and correct record.

5 Acknowledgements

There will be no acknowledgements section.

6 Petitions

6.1 Takapuna Action Group - Petition relating to the disposal of land in Anzac Street, Takapuna currently used by the Takapuna Sunday Market

Purpose

1. To present a petition to the Governing Body.

Executive summary

2. Trish Deans and Graham Saxon, spokespersons for the Takapuna Action Group will present a petition to the Governing Body. The prayer of the petition is as follows:

"We the undersigned oppose Panuku Development's plans to sell the Anzac Street, Takapuna site that is currently used by The Takapuna Sunday Market.”

Recommendation/s

That the Governing Body:

a) thank Trish Deans and Graham Saxon of the Takapuna Action Group for their attendance.

b) receive the petition in relation to the disposal of land in Anzac Street, Takapuna currently being used by the Takapuna Sunday Market from the Takapuna Action Group.

c) request that the petition be forwarded to the Chief Operating Officer of Auckland Council and Panuku Development Auckland for consideration as part of the ongoing planning activities in respect of the Takapuna town centre.

d) note that any potential disposal of the relevant land would be subject to public consultation, pursuant to the Local Government Act 2002.

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.

8.1 Local Board Input - Manurewa Local Board - Sunday Trading

Purpose

1. Manurewa Local Board Chair, Angela Dalton, will make a presentation to the Governing Body regarding Sunday Trading. She will be accompanied by Lemauga Lydia Sosene, Māngere-Ōtāhuhu Local Board Chair and Lotu Fuli, Ōtara-Papatoetoe Local Board Chair.

Recommendation/s

That the Governing Body:

a) thank Angela Dalton, Lemauga Lydia Sosene and Lotu Fuli for their presentation regarding Sunday Trading and for their attendance.

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.

Governing Body

23 March 2017

Response to Easter Sunday trading legislation

File No.: CP2017/03933

Purpose

1. To seek approval for community engagement to inform a decision on whether or not council should expand shop trading in Auckland on Easter Sunday from 2018.

Executive summary

2. The Shop Trading Amendment Act 2016 (the Act) came into force in August 2016.

3. Under the Act, councils can now adopt a policy to allow shops in all or parts of their district to trade on Easter Sunday. Currently only some shops can legally trade on Easter Sunday.

4. Since August 2016, council has been approached by Foodstuffs, Progressive Enterprises and individuals asking about council’s response to expand Easter Sunday trading.

5. Staff have identified three possible responses:

· option one: undertake community engagement to help inform council’s decision on whether to retain the status quo or to allow shops in all or parts of Auckland to open on Easter Sunday

· option two: decline to adopt a policy and retain the status quo where only shops currently able to trade on Easter Sunday will continue to be able to do so

· option three: request the preparation of a statement of proposal containing a policy to allow all shops in Auckland to trade on Easter Sunday from 2018.

6. There are no options that allow for a decision for Easter 2017.

7. Staff recommend option one (community engagement). This option provides a fair process by allowing Aucklanders’ views to inform decision making. The trade-off between this option and options two and three is a longer decision making process and a less certain outcome in the short term. Like options two and three, a decision will be made in time for Easter 2018.

8. If option one is approved, staff will:

· commence community engagement starting in April 2017

· report the findings to the Governing Body by August 2017 for a decision on whether or not to retain the status quo or adopt a policy

· if the Governing Body decides to pursue a policy, a proposed policy would be adopted by October 2017 for public notification

· undertake a special consultative procedure by December 2017

· final decision by February 2018.

Recommendation/s

That the Governing Body:

Option one

a) approve community engagement on whether to:

i) retain the status quo, so that only shops currently able to trade on Easter Sunday will continue to be able to do so, or

ii) adopt a policy that will allow shops in all or parts of Auckland to trade on Easter Sunday from 2018.

Option two

a) decline to adopt a policy and retain the status quo, where only shops currently able to trade on Easter Sunday will continue to be able to do so.

b) review the decision in (a) no later than five years after the date of the decision (by 30 March 2022).

Option three

a) request the preparation of a statement of proposal containing a policy to allow all shops in Auckland to trade on Easter Sunday from 2018 for Governing Body approval no later than 30 June 2017, for the purposes of public consultation.

Comments

Certain shops are already allowed to trade on Easter Sunday

9. Under the Shop Trading Hours Act 1990 only certain shops or shops in certain areas have exemptions that allow them to trade on Easter Sunday^{^[1]}. Shops legally allowed to trade on Easter Sunday include:

· service stations

· dairies

· pharmacies

· restaurants and cafes

· take away food shops

· duty free stores

· garden centres

· shops at public transport stations or at shows or exhibitions

· certain services (e.g. hairdressers, video rental and real estate agencies).

10. A historic exemption issued in 1989 also allows shops in Parnell Road in Auckland to trade on Easter Sunday^{^[2]}.

11. The occupier^{^[3]} of a shop not allowed to trade could be liable for a fine of up to $1000 for trading on Easter Sunday.

12. The labour inspectorate of the Ministry for Business and Employment (MBIE) is the enforcement agent.

13. Easter Sunday is not a public holiday. Employees are not entitled to be paid time and a half or to an alternate paid day off.

Legislation now allows councils to develop a policy to allow for Easter Sunday shop trading

14. The Shop Trading Amendment Act 2016 (the Act) came into force in August last year. It enables councils to adopt a policy to allow trading on Easter Sunday in all or parts of their district. It also sets out the following parameters:

· all shop workers have the right to refuse to work on Easter Sunday, and can bring a personal grievance if they are compelled to work or treated adversely for refusing to work

· councils cannot decide shop trading hours, liquor licensing parameters, and the types of shops that can open

· councils cannot require shops to open, this is the choice of each business

· councils must use the special consultative procedure under the Local Government Act 2002 to adopt, review or revoke a policy

· a council’s Easter Sunday trading policy must be reviewed five years after it was created

· the full council must decide to adopt a policy.

The Act is about fairness and enabling community decisions on Easter Sunday trading

15. Government’s key rationale for the Act was to:

· address an unfair advantage for some regions and businesses via exemptions that exist for some tourist areas but not others^{^[4]}

· address Easter Sunday trading exemptions that were out of date

· enable increased community choice and transparency about decisions on Easter Sunday trading

· remove the prescriptive nature of existing Easter Sunday trading exemptions as to the types of trading that can occur

· allow regions with a high demand for Easter Sunday trading to meet this demand.

Decisions on Easter Sunday trading could be controversial and draw a range of reactions

16. Decisions on whether or not to develop a policy are likely to be more controversial than the content of a policy. Previous proposals to change Easter Sunday trading rules at the national level have drawn opposing stakeholder views including from religious groups, trade unions and communities.

17. Submissions received by MBIE on the Act’s amendment provide an indication of stakeholder views. Of the 107 submissions, 26 were in support the Bill 81 were opposed. Attachment A summarises the key views and MBIE’s responses.

18. Since August 2016, Foodstuffs, Progressive Enterprises and three individuals have asked about council’s approach to Easter Sunday trading. The response has been that council is still considering its response to the Act and it is unlikely that decisions will occur before Easter 2017.

Smaller councils are progressing policies with larger councils taking longer to decide

19. Data from a recent Christchurch City Council survey of 40 councils’ on their responses to the Act show that:

· 33 per cent are developing a policy for Easter 2017

· 18 per cent are planning to develop a policy in 2018

· 38 per cent are undecided as to any response to the Act

· 11 per cent do not intend to develop a policy.

20. Of the other two largest councils – Christchurch has not confirmed its intention to develop an Easter Sunday trading policy or otherwise. Wellington has indicated that it will consult with retailers later in 2017.

21. The policy where adopted by the councils has been a simple statement confirming that shops can trade on Easter Sunday.

Decisions on Easter Sunday trading align with council’s strategic objectives

22. Decisions on Easter Sunday trading may impact positively or negatively on council’s strategic objectives. Attachment 2 shows the alignment and impact of any decision on council’s strategic plans and objectives. For example, a decision not to expand shop trading could support councils’ social, cultural and recreational priorities, but may prevent accrual of potential economic benefits through increased revenue and wages.

Staff have identified three options for responding to the Act

23. The three options staff have identified for responding to the Act are as follows:

· option one - undertake community engagement on whether to:

o retain the status quo - so that only shops currently able to trade on Easter Sunday will continue to be able to do so

o adopt a policy that will allow shops in all or parts of Auckland to trade on Easter Sunday from 2018.

· option two - decline to adopt a policy and retain the status quo where shops currently able to trade on Easter Sunday will continue to be able to do so

· option three - prepare a statement of proposal containing a policy to allow Easter all shops in Auckland to trade on Easter Sunday from 2018 for Governing Body approval no later than 30 June 2017 for the purposes of public consultation.

24. The sub-option for shops to open only in parts of Auckland is allowable under the Act. Following preliminary assessment staff do not recommend this option be considered if option 3 is approved. This is because:

· enabling shops in some parts of Auckland to trade on Easter Sunday would create unfair advantages for these shops / disadvantages for others

· complicates the choices available to Aucklanders in relation decisions on Easter Sunday trading

· reduces clarity for Aucklanders and visitors/tourists as to where shops can trade on Easter.

25. This preliminary assessment meets the legislative requirements under the Local Government Act 2002 and mitigates the risk of judicial review. Our analysis in relation to this sub-option will be covered in any statement of proposal.

Options analysis: pros, cons, risks, and implementation

26. An analysis of the pros, cons, risks and implementation of all three options has been undertaken and is contained in Attachment C.

Summary of options against key criteria

27. Staff have assessed the three options using four criteria. A comparative analysis is summarized in Table 1 and the paragraphs below.

Table 1: Easter Sunday shop trading - Decision making matrix

(Higher score indicates more positive ranking: 1-low, 2-medium, 3-high)

Decision making matrix / criteria	Option one	Option two	Option three
Alignment to the Act	3	1	2
Community engagement	3	1	2
Alignment to strategic objectives	3	1	2
Cost impact (quantum)	1	3	2
Score	10	6	8

28. Option one - to undertake ‘community engagement’ will:

· enable greater engagement with Māori, Pacific, diverse and hard to reach communities – balancing these views with the views of businesses

· demonstrate a proactive approach where council is acting in line with the intent of the Act and its strategic plans and objectives

· ensure the strongest evidence base for decision making and help mitigate potential criticism with regards to any decision.

29. Option two - to ‘retain the status quo’ provides earlier clarity on council’s response to Easter Sunday trading and is the lowest cost option. However, it also has the following disadvantages:

· is likely to expose council to criticism as it does not support the intent of the Act as it does not allow for community decision making and addressing perceived unfairness in regards to Easter Sunday trading in Auckland

· is likely to be criticised by those who support Easter Sunday trading

· is likely to be criticised for not enabling potential benefits associated with an additional day of shop trading in line with council’s economic priorities

· does not have strong evidence base behind decision being made.

30. Option three - to ‘undertake the special consultative procedure on a policy:

· does not give Aucklanders the option to influence whether or not a policy should be considered

· presents a risk that the views of Māori, Pacific, diverse and hard to reach communities may not adequately captured via the special consultative procedure. Therefore the views of businesses may appear more dominant, and the outcome predetermined

· could be criticised as insufficient in terms of the length and breadth on consultation especially in light of the wide range of views on the matter and related impacts.

Option one ranks highest in the assessment and is the staff recommended option

31. Staff recommend Option one (community engagement) as the highest positive ranking option against the assessment criteria. This option provides a fair process by allowing Aucklanders views to inform decision making, particularly from hard to reach populations and precarious workers.

32. The trade-off between this option and options 2 and 3 is a longer decision making process and less certain outcome in the short term. Like options two and three a decision will be made in time for Easter 2018.

33. There are no options that allow for a decision for Easter 2017.

Consideration

Local board views and implications

34. If option one is approved this will provide the greatest opportunity for local board input as views can be sought on whether or not a policy should be adopted.

35. Option two does not enable Local boards to input to the decision.

36. Option three would limit the Local boards to providing formal feedback on the proposed policy during public consultation. Care will be needed to effectively communicate the rationale for decisions to Local boards.

Māori impact statement

37. Decisions on Easter Sunday trading are relevant to cultural, social and economic outcomes for Māori in Auckland. In particular:

· the Auckland Plan: creating a relationship where Māori are fully engaged in decisions concerning matters of significance to them

· the Māori Plan:

o Whakawhanaungatanga - Develop vibrant communities: “A city/region that caters for diverse Māori lifestyles and experiences.”

o Rangatiratanga - Enhance leadership and participation “People engaged in their communities’ (Attachment B refers).

38. MBIE data from December 2016 show that a high proportion of Māori workers are employed in wholesale and retail (Attachment D refers). An Easter Sunday trading policy or otherwise could therefore impact a relatively significant number of Māori workers.

39. Staff will work with Ngā Waka Angamua to determine effective mechanisms for engaging with Mana Whenua and Mataawaka to seek their views on any policy.

40. The Citizen Value and Engagement Team will help determine a range of engagement channels acknowledging that some Māori stakeholders may be hard to reach.

Implementation

41. Next steps for implementation (Attachment C refers) will depend on the decision made by the Governing Body. Of the three options presented, staff will either:

· for option one: undertake community engagement, and report the findings to the Governing Body by August 2017 for a decision on whether or not to retain the status quo or adopt a policy. A proposed policy (if required) would be adopted by the Governing Body for the purposes of public consultation by October 2017. The public consultation period would be undertaken by December 2017 with a final decision by February 2018

· for option two: launch a communications strategy advising the public of the decision to retain the status quo

· for option three: develop a statement of proposal including a policy by June 2017 and undertake the special consultative procedure with a final decision by the Governing Body in October 2017.

42. All options for policy development can be implemented within current resourcing and budgets.

43. As enforcement of the Act sits with MBIE there are no operational impacts on council from this decision.

Attachments

No.	Title	Page
a ⇩	Summary of Stakeholder Views via MBIE consultation on the amendment to the Shop Trading Act 1990	19
b ⇩	Easter Sunday Trading - Alignment to Auckland Council Plan and Objectives	21
c ⇩	Response to Easter Sunday trading - options analysis	23
d ⇩	MBIE Māori and Pacific employment data by sector December 2016	27

Signatories

Author

Pania Elliot - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Jim Quinn - Chief of Strategy

Stephen Town - Chief Executive

Governing Body

23 March 2017

2017 LGNZ Conference and Annual General Meeting

File No.: CP2017/03411

Purpose

1. To approve members to attend the Local Government New Zealand (LGNZ) conference on Sunday 23 July to Tuesday 25 July 2017 and appoint delegates to the Annual General Meeting (AGM) on Tuesday 25 July 2017.

Executive summary

2. The conference is in Auckland. As there will be no travel or accommodation costs, more members than normally may wish to attend. Furthermore there is a discounted rate if 45 or more members attend.

3. Each local board will be invited to approve attendance of two members at the conference

4. Staff recommend the Governing Body select nine Governing Body members to attend the conference.

5. Auckland Council is entitled to four delegates at the AGM. Staff recommend that Mayor Phil Goff be the presiding delegate and the other three delegates be comprised of either:

a. two members of the Governing Body who hold a formal representation role with LGNZ and the Chief Executive; or

b. one member of the Governing Body who holds a formal representation role with LGNZ and the Chief Executive, and a local board member.

6. The Conference programme is in Attachment A.

Recommendation/s

That the Governing Body:

a) appoint the Mayor as the Auckland Council presiding delegate to the Local Government New Zealand Annual General Meeting.

b) appoint another three delegates to the Local Government New Zealand Annual General Meeting.

c) approve attendance at the Local Government New Zealand conference of the Mayor and the Governing Body delegates appointed in recommendation b), and of other Governing Body members up to a total of nine attendees.

d) delegate to the Mayor, in the event that he cannot attend the Annual General Meeting at short notice, the ability to appoint another Governing Body member to the role of presiding delegate.

e) delegate to the Mayor, in the event an appointed member cannot attend the Annual General Meeting or conference at short notice, the ability to approve the attendance of another member.

f) agree that when exercising the Auckland Council’s vote at the Annual General Meeting, the delegates have the discretion to determine the Auckland Council’s position on any matter on which the Auckland Council’s position is not otherwise known.

g) delegate to the Mayor the ability to act on the Auckland Council’s behalf in nominating or seconding any candidate for president or vice-president of Local Government New Zealand.

h) note that local board members can attend the Annual General Meeting in an advisory capacity, provided their names are included on the Annual General Meeting registration form, which will be signed by the Mayor.

i) note that two local board members from each local board are being offered the opportunity to attend the conference.

Comments

7. This year the LGNZ conference and AGM will be held at the SKYCITY Convention Centre, Auckland, from Sunday 23 July to Tuesday 25 July 2017. The conference programme commences at 10.00 am on Sunday 23 July and concludes at 10.45 am on Tuesday 25 July. It is followed by the AGM at 11.15 am until 1:45 pm on Tuesday.

8. The conference programme has the theme “Creating pathways to 2050: Liveable spaces and lovable places”. The full programme is attached as attachment A.

9. In 2017 due to the cost savings associated with the conference being held in Auckland it will be possible for a large number of members than usual to attend. The normal rate is $1,410 (early bird) or $1,510 (standard). Costs for attendance are met from the elected members’ development budget as contained in the Kura Kawana Programme.

10. Staff are recommending to local boards that they approve two members each to attend the conference (a total of 42 local board members). We also recommend the Governing Body approve a total of nine members to attend the conference, including those nominated to be the delegates to the AGM. This means that a maximum of 51 Auckland Council elected members would attend the conference.

11. The LGNZ constitution permits the Auckland Council to appoint four delegates to represent it at the AGM, with one of the delegates being appointed as presiding delegate. Voting is required for the election of president and vice-president of LGNZ, and for any remits put the meeting. Auckland Council has six votes for the first $100,000 of its subscription plus an additional vote for every $20,000 in excess of $100,000. Auckland Council’s subscription for 2016/17 is $370,785 (GST inclusive), meaning the council’s has a total of 19 votes.

12. Proposed remits will be circulated beforehand. However, in case a situation arises where Auckland Council is required to vote and the council has not previously resolved a position, we recommend the Governing Body make it clear that the delegates to the AGM have the power to present the council’s position as best as they are able.

13. Elected members who hold LGNZ roles are:

Mayor Phil Goff	Metro Sector representative on the National Council
Councillor Penny Hulse	Chair of Zone One and Zone One representative on National Council
Deputy Mayor Bill Cashmore	Auckland Council representative on Regional Sector
Councillor Wayne Walker	Auckland Council representative on Zone One
Councillor Alf Filipaina	LGNZ Te Maruata Subcommittee
Councillor Richard Hills	Member Policy Advisory Group
Waitemata LB Chair Pippa Coomb	Member Governance and Strategy Advisory Group

14. Traditionally the four AGM delegates have been the Mayor, the Chief Executive and two Governing Body members who hold LGNZ roles. Some local board members have expressed the view that they should also be able to be chosen as delegates to the AGM.

15. Local board members can attend the AGM as observers, or as a delegate if the second option is chosen, provided their names are included on the AGM registration form, which will be signed by the Mayor. This process has been overlooked in the past, but is being made clear to local boards this year.

16. Auckland Council is entitled to four delegates at the AGM. Staff recommend that Mayor Phil Goff be the presiding delegate and the other three delegates be comprised of either:

a. two members of the Governing Body who hold a formal representation role with LGNZ and the Chief Executive; or

b. one member of the Governing Body who holds a formal representation role with LGNZ and the Chief Executive, and a local board member.

17. We recommend that Mayor Phil Goff and the other elected members chosen to be the delegates to the AGM be approved to attend the conference, and that other councillors be chosen to attend so that a total of nine Governing Body members can attend the conference.

18. We recommend that Mayor Phil Goff, in the event he cannot attend the AGM at short notice, be given the ability to appoint another Governing Body member to the role of presiding delegate. Moreover, in case an appointed councillor cannot attend the conference at short notice, we recommend that the Mayor be able to nominate another councillor so the conference fee is not lost.

Consideration

Local board views and implications

19. A report is being presented to local boards inviting them to each approve two members to attend the conference and informing them of their ability to attend the AGM if they register.

Māori impact statement

20. The LGNZ National Council has a sub-committee, Te Maruata, which has the role of promoting increased representation of Māori as elected members of local government, and of enhancing Māori participation in local government processes. It also provides support for councils in building relationships with iwi, hapu and Māori groups. Te Maruata provides Māori input on development of future policies or legislation relating to local government. Councillor Alf Filipaina is a member of the sub-committee.

Implementation

21. Once the Governing Body has approved attendance, staff will make registration arrangements for members.

Attachments

No.	Title	Page
a ⇩	LGNZ 2017 Conference Programme	33

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

Governing Body

23 March 2017

Selection Process for the Demographic Advisory Panels 2016-2019

File No.: CP2017/03222

Purpose

1. To note the selection process for the members of the demographic advisory panels for the 2016-2019 term

2. To approve updated terms of reference for the council’s demographic advisory panels 2016-2019.

Executive summary

3. On 10 November 2016 the Governing Body agreed to establish demographic advisory panels for the 2016-2019 term of Auckland Council (GB/2016/50). The council called for applications for the advisory panel positions, and received 326 applications.

4. The Governing Body also decided to have 21 Youth Advisory Panel members, one from each of the 21 local board areas (GB/2016/51). Updated terms of reference for the demographic advisory panels reflect the resolution and are attached in Attachment A.

5. Seventy Auckland young people aged between 14 and 24 recommended options for a selection process for the Youth Advisory Panel, which will be used to finalise the recruitment process for the Youth Advisory Panel for the 2016-2019 term.

Recommendation/s

That the Governing Body:

a) note the appointment process for the members of the demographic advisory panels for the 2016-2019 term

b) approve the updated Terms of Reference for the Auckland Council Demographic Advisory Panels.

Comments

The council called for applications for the demographic advisory panels 2016-2019

6. The Local Government Act 2002 sets out that “when making a decision, a local authority should take account of the diversity of the community, and the community’s interests, within its district or region”. Auckland Council’s demographic advisory panels are one of the council mechanisms that give effect to this legislative provision.

7. On 10 November 2016, the Governing Body agreed to establish demographic advisory panels for the 2016-2019 term of the council (GB/2016/50). The council called for applications for the following demographic advisory panels 2016-2019:

· Disability Advisory Panel

· Ethnic Peoples Advisory Panel

· Pacific Peoples Advisory Panel

· Seniors Advisory Panel

· Two Māori members for the Rainbow Communities Advisory Panel.

8. The Governing Body endorsed the re-appointment of the former members of the Rainbow Communities Advisory Panel for the 2016-2019 term as they had served for less than 12 months in the previous term. Two former Māori members, however, decided not to return, and the mayor proposed to appoint two new Māori members to replace them.

The council received 326 applications for the advisory panel positions

9. Applications for the panels were open from 20 December 2016 to 9 February 2017. People applied through the council’s website or by filling in a manual application form.

10. The recruitment criteria included applicants’ lived experience and sound understanding of diverse communities in Auckland and their understanding of Te Tiriti O Waitangi. The candidates were also asked to demonstrate their ability and confidence to offer high-level policy and strategic advice.

11. The council received 326 applications in total for all panels.

12. The council promoted the positions through the council websites and social media. Staff used council networks including central government agencies and diverse community groups to promote the advisory panels. Printed brochures and posters were available in libraries, service and community centres. Staff also engaged with relevant community groups and media agencies, and attended events to promote the recruitment. Information brochures were designed in an accessible version and were translated into sign language.

13. Council’s recruitment team conducted a phone interview with each of all eligible candidates. Candidates were asked a set of standard questions to check:

· their understanding on diverse communities in Auckland

· what lived experience they had

· their ability to offer strategic advice.

14. All the shortlisted candidates went through the same process.

Five selection panels interviewed shortlisted candidates

15. Five selection panels were formed to shortlist and interview the candidates, one for each advisory panel. Each selection panel was made up of the panel’s liaison councillor, lead officer(s) or senior council staff, and up to three external community people providing a range of community perspectives.

16. Using a consistent set of questions, the interview panel focused on candidates’ understanding on the role of demographic advisory panels, their ability to offer high-level advice and to work as a team. Each interview took between 30 and 45 minutes. The number of applicants interviewed was:

· Disability Advisory Panel: 14

· Ethnic Peoples Advisory Panel: 11

· Pacific Peoples Advisory Panel: 12

· Seniors Advisory Panel: 11

· Rainbow Communities Advisory Panel: 4.

17. Following each interview the selection panels discussed the candidate’s competencies, and agreed a list of recommendations. The recommendations include proposed interim chairs or liaison councillors being facilitators for the first three months of the panels’ term before the advisory panels choose their own chairs.

18. The selection panels for the Ethnic Peoples Advisory Panel and the Pacific Peoples Advisory Panel recommended nine candidates for each panel, to reflect the diverse make-up of the ethnic and Pacific populations in Auckland.

19. The Mayor will consider the recommended candidates and will propose to the Governing Body to endorse the membership of the demographic advisory panels.

A different appointment process for the Youth Advisory Panel

20. On 10 November 2016, the Governing Body decided to have 21 Youth Advisory Panel members, one from each of the 21 local board areas for the 2016-2019 term of the council (GB/2016/51). Staff had proposed that the panel comprise eight members.

21. To compensate for the increased number of panel members, the frequency of panel meetings has been changed from ten to seven meetings per annum, including workshops. This is to ensure that the panel costs remain within budget.

22. Updated terms of reference for the demographic advisory panels reflect the resolution and are attached in Attachment A.

23. Since November 2016, council staff and young people from many local board areas have discussed a region-wide selection process for a new Youth Advisory Panel, and organised a youth forum, “Youth Citizens’ Jury 2017”. The event was held on Wednesday 8 March 2017 in the Auckland War Memorial Museum. Approximately 70 young people from across Auckland designed recommendations to the council on a selection process for the Youth Advisory Panel.

24. Based on these recommendations, in liaison with Councillors Collins and Hills the oversight group of staff who have been working with youth to organize the Youth Citizens’ Jury will finalise the recruitment process for the Youth Advisory Panel. Recruitment of the 21 members will then proceed, which staff expect will be finalised by the end of May 2017.

Recruitment costs

25. The Long-term Plan 2015-2025 set an annual budget of $395,000 for the operations of the panels. The recruitment process for the five advisory panels cost approximately $36,000. These include staff cost, marketing and promotion, fees for community members on the interview panels, reference checking and criminal record checks. These expenses do not include the costs associated with the recruitment process of the Youth Advisory Panel.

Consideration

Local board views and implications

26. The role of demographic advisory panels is to advise the Governing Body and staff on regional issues. Local boards may engage with advisory panels when they wish to seek panels’ views on shared agendas between the local boards and Governing Body.

27. Members of local boards were invited to the Youth Citizens Jury on 8 March 2017 to observe young people’s recommendations on the selection process for the Youth Advisory Panel.

Māori impact statement

28. An understanding of the Treaty of Waitangi was one of the key competencies in the selection process. Each selection panel was asked to consider recommending at least one Māori member except for the Ethnic Peoples Advisory Panel, Pacific Peoples Advisory Panel and Youth Advisory Panel.

29. Rangatahi participated in the Youth Citizens Jury to share their views and voices on the make-up of the Youth Advisory Panel.

Implementation

30. The Mayor will present a report with a list of the proposed candidates to the Governing Body. The report will remain in confidence until the Governing Body adopts the recommendations and the successful candidates confirm their acceptance of the appointment.

31. Staff expect to be able to complete the selection process for the 21 members of the Youth Advisory Panel by the end of May. A separate report will be presented to the Governing Body at that point.

Attachments

No.	Title	Page
a ⇩	Terms of Reference for Demographic Advisory Panels 2016-2019	41

Signatories

Author

Austin Kim - Principal Advisor Panels

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

Governing Body

23 March 2017

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

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 Recommendation for Appointments to the Demographic Advisory Panels for the 2016-2019 term

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 the names of people recommended for the demographic advisory panels. This information should not be made public until the Governing Body adopts the recommendations and the successful applicants confirm their acceptance of the appointment.

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 Westgate/Massey Town Centre Development Update

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains information that could negatively influence commercial negotiations and outcomes

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 Housing Infrastructure Fund

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)(c)(ii) - 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 damage the public interest.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

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, the report contains information about infrastructure costs and the development intentions of landowners in strategic growth areas, legally privileged information, and information that may prejudice the council in negotiations on infrastructure provision.

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.

[1] There are three and a half days a year when shops can’t open: Good Friday, Easter Sunday, Christmas Day, and Anzac Day (till 1pm).

2 Parnell Road holds a historic exemption granted under Section 18(2) the Shop Trading Hours Act (1977) which (as with other exemptions by area) while not included within the Act or regulations is deemed valid under the Act.

[3] The occupier of a shop includes any agent, manager, supervisor, person acting or apparently acting in control of the shop.

[4] Some tourist locations like Queenstown and Taupo hold exemptions to trade on restricted days, others e.g. Wanaka and Rotorua did not.

Mayor	Hon Phil Goff, JP
Deputy Mayor	Cr Bill Cashmore
Councillors	Cr Dr Cathy Casey	Cr Dick Quax
	Cr Ross Clow	Cr Greg Sayers
	Cr Fa’anana Efeso Collins	Cr Desley Simpson, JP
	Cr Linda Cooper, JP	Cr Sharon Stewart, QSM
	Cr Chris Darby	Cr Sir John Walker, KNZM, CBE
	Cr Alf Filipaina	Cr Wayne Walker
	Cr Hon Christine Fletcher, QSO	Cr John Watson
	Cr Richard Hills
	Cr Penny Hulse
	Cr Denise Lee
	Cr Mike Lee
	Cr Daniel Newman, JP