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Governing Body
23 November
2017
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1 Affirmation
His Worship the Mayor read the affirmation.
Cr G Sayers arrived at the meeting at 9.40 am.
Cr R Clow arrived at the meeting at 9.41 am.
Cr P Hulse arrived at the meeting at 9.41 am.
Cr A Filipaina
acknowledged the recent passing of Sharon Lesley Grey nee Wescott. The
wife of Stephen Grey, involved with the Papatoetoe Community Board,
Otara-Papatoetoe Local Board, Papatoetoe Santa Parade, Totara Hospice and known
for making cakes for children going through difficult times. Sharon is
survived by her husband, six children and her grandchildren.
A moment of silence
was observed.
2 Apologies
3 Declaration
of Interest
Cr D Simpson subsequently declared an interest in item 14:
Consideration of America’s Cup 2021 location, infrastructure and funding.
4 Confirmation
of Minutes
Cr J Walker arrived
at the meeting at 9.44 am.
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Resolution number GB/2017/129
MOVED by Mayor P Goff, seconded by
Cr G Sayers:
That the Governing Body:
a)
confirm the ordinary minutes of its
meeting, held on Thursday, 28 September 2017,
including the confidential section, as a true and correct record subject to
the following amendment to Item 11, Resolution number GB/2017/125 changing
the seconder of the motion from Cr D Simpson to Cr A Filipaina, as follows:
MOVED by Mayor P Goff, seconded by Cr A Filipaina
Resolution number GB/2017/125
a) receive the report and reiterate to government the position
adopted by Council in 2015 supporting the need for legislative change to
allow Auckland to determine the number of members on the Governing Body
and subject to that, agree in principle to establish a Māori ward and
request for a consistent policy regarding Māori representation in line
with legislation governing the composition of Parliament
CARRIED
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5 Petitions
There were no petitions.
6 Public Input
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6.1
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Public Input: Heart of the City - America's Cup Proposal for
Auckland's Waterfront
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Viv Beck, Chief Executive
Heart of the City addressed the meeting. A copy of the address has been
placed on the official minutes and is available on the Auckland Council
website as minutes attachments.
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Resolution number GB/2017/130
MOVED
by Mayor P Goff, seconded by Cr C Darby:
That the Governing
Body:
a) receive
and note the public input presentation from Viv Beck on behalf of Heart of
the City, regarding the America’s Cup Proposal for Auckland’s
Waterfront and thank her for her attendance.
CARRIED
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Attachments
a 23 November
2017 Governing Body Item 6.1: Public Input: Heart of the City -
America's Cup Proposal for Auckland's Waterfront - tabled document
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7 Local Board Input
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7.1
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Local Board Input: Waitemata Local Board - America's Cup
Proposal and Queen's Wharf Mooring Dolphin
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Pippa Coom, Chair, Shale
Chambers, Deputy Chair and Richard Northey, member Waitematā Local Board
were in attendance to speak to the meeting.
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Resolution number GB/2017/131
MOVED
by Mayor P Goff, seconded by Cr C Darby:
That the Governing
Body:
a) thank
Pippa Coom, Chair, Shale Chambers, Deputy Chair and Richard Northey, member
Waitematā Local Board for their input on the
America’s Cup proposal and Queen’s Wharf Mooring Dolphin, and for
their attendance.
CARRIED
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Attachments
a 23 November
2017 Governing Body Item 7.1: Local Board Input: Waitemata Local Board
- America's Cup Proposal and Queen's Wharf Mooring Dolphin- R Northey's
address
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7.2
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Local Board Input: Devonport Takapuna Local Board -
America's Cup Proposal
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George Wood,
Deputy Chair and Mike Cohen, member Devonport Takapuna Local Board Devonport Takapuna Local Board were in attendance to speak to the
meeting. A supporting document was tabled and a copy has been placed on
the official minutes are is available on the Auckland Council website as
minutes attachments.
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Resolution
number GB/2017/132
MOVED
by Mayor P Goff, seconded by Cr R Hills:
That the Governing
Body:
a) thank
George Wood, Deputy Chair and Mike Cohen, member Devonport
Takapuna Local Board for their input on the America’s Cup proposal, and
for their attendance.
CARRIED
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Attachments
a 23 November 2017 Governing Body Item 7.2: Local Board Input:
Devonport Takapuna Local Board - America's Cup Proposal - tabled document
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8 Extraordinary Business
There was no extraordinary business.
9 Notices of Motion
There were no
notices of motion.
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10
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Mayoral Advisory Group for the First World War Centenary Memorial
Project : Update on Te Takuahi
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Jane Sheetz, Senior Accounts
Director Strategic and David McGregor, Chair Mayoral Advisory Group were in
attendance for this item.
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Resolution number GB/2017/133
MOVED
by Cr C Fletcher, seconded by Mayor P Goff:
That the Governing
Body:
a) receive the Mayor’s Advisory Group
update on the status of the First World War Centenary Memorial Project.
b) approve the Mayor’s Advisory Group
recommendation to confirm a project completion date of mid-2019.
CARRIED UNANIMOUSLY
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11
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Appointing a replacement member to the Tūpuna Maunga o
Tāmaki Makaurau Authority
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Resolution number GB/2017/134
MOVED
by Mayor P Goff, seconded by Cr D Simpson:
That the Governing
Body:
a) agree to enact the resignation of Denise Lee as an Auckland
Council member of the Tūpuna Maunga o Tāmaki Makaurau Authority
b) appoint Cr Ross Clow as interim Governing Body member to the
Tūpuna Maunga o Tāmaki Makaurau Authority
c) request expressions of interest from councillors to permanently fill
the vacancy on the Tūpuna Maunga o Tāmaki Makaurau Authority for
decision by the March 2018 Governing Body meeting and in the absence of any
councillor interest, explore the appointment of an external representative.
CARRIED
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13
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Queens Wharf mooring dolphin
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A powerpoint presentation was
provided in support of the item. A copy has been placed on the official
minutes and is available on the Auckland Council website as minutes
attachments.
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Cr D Newman left the meeting at 11.34 am.
Cr D Newman returned to the meeting at 11.41 am.
Cr A Filipaina left the meeting at 12.26 pm.
Cr A Filipaina returned to the meeting at 12.36 pm.
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MOVED
by Mayor P Goff, seconded by Cr L Cooper:
That the Governing Body:
a) agree to
proceed with the Queens Wharf Mooring Dolphin proposal, to enable large
cruise ships to berth in Auckland, recommended in Attachment C and summarised
in the addendum agenda report.
b) delegate
decisions regarding detailed design, delivery and budget allocation of
capital costs to the Auckland Council Chief Executive
c) agree
that Auckland Council will recover the capital cost of cruise infrastructure,
over time, through cruise ship passenger levies imposed and collected by
Ports of Auckland Limited
d) note
that a resource consent application will be prepared by Panuku and that
the application will be lodged requesting full public notification.
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Resolution number GB/2017/136
MOVED by Cr A Filipaina, seconded by Cr E
Collins:
That the Governing
Body:
a) grant
Cr C Darby an extension of 2 minutes to complete his address.
CARRIED
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Resolution number GB/2017/137
MOVED by Cr E Collins, seconded by Cr W
Walker:
That the Governing Body:
a) grant
Cr M Lee an extension of 2 minutes to complete his address.
CARRIED
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MOVED by Cr R Clow, seconded by Cr L Cooper: an
amendment by way of addition:
That the Governing Body:
e)
approve resolutions a) to d) subject to Council undertaking to remove
the Queens Wharf Mooring Dolphin upon redevelopment of Captain Cook wharf
that meets the requirements of the cruise industry.
A division was called for,
voting on which was as follows:
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For
Deputy Mayor B Cashmore
Cr R Clow
Cr L Cooper
Cr C Fletcher
Mayor P Goff
Cr P Hulse
Cr D Simpson
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Against
Cr E Collins
Cr C Darby
Cr A Filipaina
Cr R Hills
Cr M Lee
Cr D Newman
Cr D Quax
Cr G Sayers
Cr S Stewart
Cr J Walker
Cr W Walker
Cr J Watson
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Abstained
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The motion was declared lost by 7 votes to 12.
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Resolution number GB/2017/138
MOVED by Mayor P Goff, seconded by Cr L
Cooper:
That the Governing
Body:
a) agree
to proceed with the Queens Wharf Mooring Dolphin proposal, to enable large
cruise ships to berth in Auckland, recommended in Attachment C and summarised
in the addendum agenda report.
b) delegate
decisions regarding detailed design, delivery and budget allocation of
capital costs to the Auckland Council Chief Executive
c) agree
that Auckland Council will recover the capital cost of cruise infrastructure,
over time, through cruise ship passenger levies imposed and collected by
Ports of Auckland Limited
d) note
that a resource consent application will be prepared by Panuku and that the
application will be lodged requesting full public notification.
A division was called for,
voting on which was as follows:
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For
Deputy Mayor B Cashmore
Cr R Clow
Cr L Cooper
Cr A Filipaina
Cr C Fletcher
Mayor P Goff
Cr R Hills
Cr P Hulse
Cr D Newman
Cr D Quax
Cr G Sayers
Cr D Simpson
Cr S Stewart
Cr J Walker
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Against
Cr E Collins
Cr C Darby
Cr M Lee
Cr W Walker
Cr J Watson
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Abstained
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The motion was declared carried by 14 votes to 5.
CARRIED
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Attachments
a 23 November
2017 Governing Body 20171123 - Item 13 Queens Wharf mooring dolphin -
presentation
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The meeting adjourned at 1.24pm
and reconvened at 2.04pm.
Councillor E Collins was not
present.
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14
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Consideration of America's Cup 2021 location, infrastructure and
funding
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Cr E Collins returned to the meeting at 2.11pm.
Cr R Clow left the meeting at 2.45 pm.
Cr R Clow returned to the meeting at 2.51 pm.
Cr J Watson left the meeting at 3.21 pm.
Cr J Watson returned to the meeting at 3.28 pm.
Cr D Quax left the meeting at 3.32 pm.
Cr P Hulse left the meeting at 3.34 pm.
Cr D Simpson left the meeting at 3.36 pm.
Cr D Quax returned to the meeting at 3.39 pm.
Cr P Hulse returned to the meeting at 3.53 pm.
Cr D Simpson returned to the meeting at 4.10 pm.
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Cr D Simpson declared a conflict of interest and took no
part in the discussion nor voting on this item.
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Cr D Simpson left the
meeting at 4.20 pm.
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The motion was put in parts.
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Resolution number GB/2017/140
MOVED
by Mayor P Goff, seconded by Cr R Hills: That the
Governing Body:
a) support
Emirates Team New Zealand to host the America’s Cup in Auckland in 2021.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/141
MOVED by Mayor P Goff, seconded by Cr R Hills:
That the Governing Body:
b) approve
the following three options as a basis for continued negotiation with the
Crown and Emirates Team New Zealand (noting that these are the current
preferences of the Government, Emirates Team New Zealand and community
groups):
i) Cluster
of bases on Halsey Wharf, Hobson Wharf and Wynyard Wharf East.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/142
MOVED by Mayor P Goff, seconded by Cr R Hills:
b) approve
the following three options as a basis for continued negotiation with the
Crown and Emirates Team New Zealand (noting that these are the current
preferences of the Government, Emirates Team New Zealand and community
groups):
ii) Cluster
of bases on the Western and Eastern side of Wynyard Wharf and Site 18
CARRIED UNANIMOUSLY
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Note: Pursuant
to Standing Order 1.8.6, Cr R Clow requested that his dissenting vote be
recorded.
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MOVED by Mayor P Goff, seconded by Cr R Hills:
b) approve
the following three options as a basis for continued negotiation with the
Crown and Emirates Team New Zealand (noting that these are the current
preferences of the Government, Emirates Team New Zealand and community
groups):
iii) Halsey
Wharf extension
A division
was called for, voting on which was as follows:
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For
Cr L Cooper
Cr A Filipaina
Cr C Fletcher
Cr P Hulse
Cr D Newman
Cr D Quax
Cr G Sayers
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Against
Deputy Mayor B Cashmore
Cr R Clow
Cr E Collins
Cr C Darby
Mayor P Goff
Cr R Hills
Cr M Lee
Cr S Stewart
Cr J Walker
Cr W Walker
Cr J Watson
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Abstained
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The motion was declared lost by 7 votes to 11.
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Resolution number GB/2017/143
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
c)
express a preference for option b) i)
in discussions with the Crown and Emirates Team New Zealand.
CARRIED
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Note: Pursuant to Standing Order 1.8.6, Cr C Darby requested
that his dissenting vote be recorded.
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Resolution number GB/2017/144
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
d)
note that the Auckland Council, the
Crown and private sector investors will need to contribute financially to the
infrastructure required for the America’s Cup in Auckland in 2021.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/145
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
e)
delegate to the Mayor and the Auckland
Council Chief Executive the authority to undertake negotiations with the
Crown, Emirates Team New Zealand and private investors on the funding,
location and infrastructure required to host the America’s Cup in
Auckland in 2021.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/146
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
f)
request that the Mayor and the
Auckland Council Chief Executive report back to the 14 December 2017
Governing Body meeting for a decision on funding, location and infrastructure
as per the negotiation parameters in clauses b), c) and d) above.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/147
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
g)
note that council decisions, including on funding, will
be needed on associated city centre infrastructure that is critical to the
success of the America’s Cup.
CARRIED UNANIMOUSLY
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Resolution number GB/2017/148
MOVED by Mayor P Goff,
seconded by Cr R Hills:
That the
Governing Body:
h)
refer the report and decisions
to Cabinet to inform their decisions.
CARRIED UNANIMOUSLY
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Attachments
a 23 November
2017 Governing Body Item 14: Consideration of America's Cup 2021 location,
infrastructure and funding - presentation
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Cr J Walker
left the meeting at 5.07 pm.
Cr G Sayers
left the meeting at 5.07 pm.
The meeting adjourned at 5.07pm
and reconvened at 5.17pm.
Cr D Simpson
returned to the meeting at 5.17 pm.
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15
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Auckland Council response to the Remuneration Authority
consultation document 'Local Government Review'.
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Resolution number GB/2017/149
MOVED
by Mayor P Goff, seconded by Cr R Clow:
That the Governing
Body:
a) approve
the proposed submission in Attachment B of the report as the Auckland Council
response to the Remuneration Authority on its consultation document
‘Local Government Review’
b) authorise
the General Manager Democracy Services to make minor editorial changes prior
to sending the submission to the Remuneration Authority
c) authorise
the Deputy Mayor to approve any amendments to the
submission arising as a result of the discussion at this meeting.
CARRIED
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18 Consideration
of Extraordinary Items
There were no extraordinary items.
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19 Procedural
motion to exclude the public
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Resolution number GB/2017/152
MOVED by Mayor P Goff, seconded by Cr D Simpson:
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 CONFIDENTIAL: Chief
Executive's Performance Objectives (Covering report)
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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 6 and 7.
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s6(a) -
The making available of the information would be likely to prejudice the
maintenance of the law, including the prevention, investigation, and
detection of offences and the right to a fair trial.
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 that relates to the setting of
performance objectives that have yet to be agreed between the Governing
Body and the Chief Executive, and the committee may discuss matters
relating to the performance of the Chief Executive.
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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 6 and 7.
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C1 CONFIDENTIAL: Chief
Executive's Performance Objectives
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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.
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s7(2)(a)
- The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
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 that relates to the setting of
performance objectives that have yet to be agreed between the Governing
Body and the Chief Executive, and the committee may discuss matters
relating to the performance of the Chief Executive.
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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.
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The text of these
resolutions was made available to the public who were present at the meeting
and formed part of the minutes of the meeting.
CARRIED
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5.23pm The
public was excluded.
Resolutions in relation to the confidential items are recorded in
the confidential section of these minutes and are not publicly available.
6.33pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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CONFIDENTIAL: Chief Executive's Performance Objectives
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Resolution number GB/2017/153
MOVED by Mayor P Goff, seconded by Cr C Fletcher:
That
the Governing Body:
a) note
that the Appointments and Performance Review Committee has developed a draft
set of Chief Executive performance objectives in consultation with the Chief
Executive, and these are presented to the Governing Body for discussion and
approval.
b) approve
the proposed Chief Executive performance objectives (Attachment A of the
agenda report).
c) agree
that the Chief Executive’s performance objectives will be made publicly
available following the conclusion of the Governing Body meeting.
Restatement
d) agree
that the report and attachment will remain confidential until a formal
decision is made by the Governing Body, after which the report and attachment
will be made publicly available, including any changes to the attachment that
are approved by the Governing Body.
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The information is now available in the public arena as
the Governing Body made the above decisions.
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Attachments
a 23 November
2017, Governing Body - Item C1: CONFIDENTIAL Chief Executive's
Performance Objectives, Report
b 23 November
2017, Governing Body - Item C1: CONFIDENTIAL: Chief Executives
Performance Objectives, Attachment A
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6.33 pm 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:........................................................
