I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 26 July 2018

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Penny Hulse

 

Cr Dr Cathy Casey

Cr Mike Lee

 

Cr Ross Clow

Cr Daniel Newman, JP

 

Cr Fa’anana Efeso Collins

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Chris Darby

Cr Sharon Stewart, QSM

 

Cr Alf Filipaina

Cr Sir John Walker, KNZM, CBE

 

Cr Hon Christine Fletcher, QSO

Cr Wayne Walker

 

Cr Richard Hills

Cr John Watson

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Team Leader Governance Advisors

 

23 July 2018

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term plan

(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.

 

 

 


Governing Body

26 July 2018

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Affirmation                                                                                                                      7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Petitions                                                                                                                          7  

6          Public Input                                                                                                                    7

7          Local Board Input                                                                                                          7

7.1     Local Board Input:  Ōtara-Papatoetoe Local Board - Representation Review    8

7.2     Local Board Input:  Māngere-Ōtāhuhu Local Board - Representation Review   8

8          Extraordinary Business                                                                                                8

9          Governing Body Terms of Reference amendments as a result of the disestablishment of Auckland Council Investments Limited                                   9

10        Review of Auckland Council’s representation arrangements for the 2019 elections                                                                                                                                       55

11        Referred from the Audit and Risk Committee - Quarterly Health and Safety Performance Report                                                                                                  103

12        Recommendations from the Regulatory Committee - Health and Hygiene Bylaw 2013 Statement of Proposal                                                                                     149

13        Recommendations from the Regulatory Committee - Legacy On-site Wastewater Bylaws Statement of Proposal                                                                                 153

14        Governing Body's Forward Work Programme                                                       157

15        Summary of Governing Body information memos and briefings - 26 July 2018 167  

16        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

17        Procedural Motion to Exclude the Public                                                               195

C1       CONFIDENTIAL:  City Rail Link: approval for change of project scope to provide additional future capacity (Covering report)                                                          195  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

 

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 Wednesday, 27 June 2018 and the extraordinary minutes of its meeting, held on Thursday, 28 June 2018, including the confidential section, as a true and correct record.

 

 

5          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

6          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance 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.

 

 

7          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.

 

 

 

 

7.1       Local Board Input:  Ōtara-Papatoetoe Local Board - Representation Review

Te take mō te pūrongo / Purpose of the report

1.       Ōtara-Papatoetoe Local Board Chair, Lotu Fuli, will speak to the Governing Body regarding the Representation Review.

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      thank Ōtara-Papatoetoe Local Board Chair, Lotu Fuli for her input in relation to the Representation Review and for her attendance.

 

 

7.2       Local Board Input:  Māngere-Ōtāhuhu Local Board - Representation Review

Te take mō te pūrongo / Purpose of the report

1.       Māngere-Ōtāhuhu Local Board Chair, Lemauga Lydia Sosene, will speak to the Governing Body regarding the Representation Review.

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      thank Māngere-Ōtāhuhu Local Board Chair, Lemauga Lydia Sosene for her input in relation to the Representation Review and for her attendance.

 

 

8          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.”


Governing Body

26 July 2018

 

 

Governing Body Terms of Reference amendments as a result of the disestablishment of Auckland Council Investments Limited

 

File No.: CP2018/12069

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To amend the Governing Body Terms of Reference as a result of the disestablishment of the council-controlled organisation Auckland Council Investments Limited.

Whakarāpopototanga matua / Executive summary

2.       The Governing Body adopted the Long-term Plan 2018-2028 on 28 June 2018. It included the decision to disestablish the council-controlled organisation Auckland Council Investments Limited (ACIL), and to transfer to council parent ACIL’s shares in Ports of Auckland Limited (POAL) and Auckland International Airport Limited.

3.       The attached amended Terms of Reference provide appropriate references in the delegations to the Finance and Performance Committee, the Audit and Risk Committee and the Appointments, Performance Review and Value for Money Committee. 

4.       The amended Terms of Reference also includes a delegation to the POAL Appointments Panel to make appointments to the POAL board. This formality implements the agreement with POAL in the memorandum of understanding, which was adopted by the Governing Body on 31 May 2018 (resolution GB/2018/91).

5.       To execute the role of shareholder at the Auckland International Airport Limited Annual General Meeting, a delegation to executives of council is proposed. The executives are Chief Financial Officer (alternates Executive Director: Auckland Investment Office or Treasurer and General Manager: Financial Transactions).  The advice of the chair and deputy chair of the Appointments, Performance Review and Value for Money Committee will be sought before voting on these matters.

6.       Any relevant Auckland International Airport Limited updates, including matters from the Annual General meeting will be brought to the Appointments, Performance Review and Value for Money Committee.

7.       The relevant changes to the Terms of Reference can be found in 3.2 (Finance and Performance Committee), 5.1 (Appointments, Performance Review and Value for Money Committee), and 5.2 (Ports of Auckland Limited Appointments Panel).

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      adopt the amended Governing Body Terms of Reference in Attachment A of the agenda report

b)      delegate to the Chief Financial Officer (alternates Executive Director: Auckland Investment Office or Treasurer and General Manager: Financial Transactions) of Auckland Council, the ability to vote on behalf of Auckland Council at the Annual General Meeting of Auckland International Airport Limited.

 

 


 

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Amended Governing Body Terms of Reference

11

      

Ngā kaihaina / Signatories

Authors

Ella Kay - Senior Advisor - CCO Governance & External Partnerships

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

26 July 2018

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

26 July 2018

 

 

Review of Auckland Council’s representation arrangements for the 2019 elections

 

File No.: CP2018/12159

 

  

Te take mō te pūrongo / Purpose of the report

1.       To resolve the council’s initial proposal for its representation arrangements at the 2019 elections, as required by section 19H of the Local Electoral Act 2001 (Act).

Whakarāpopototanga matua / Executive summary

2.       Auckland Council’s representation arrangements must be reviewed this year.  The outcome will apply at the 2019 elections and the 2022 elections (unless the council chooses to conduct another review for the 2022 elections).

3.       The process in the Act requires the council to make its initial proposal, by resolution, which is then publicly notified for submissions.  After considering submissions, the council resolves its final proposal which is also publicly notified, with any appeals, objections and proposals that do not comply with the 10 per cent rule, being forwarded to the Local Government Commission to make the final decision.  If there are no appeals or objections and if the council’s proposals all comply with the 10 per cent rule, the council’s final proposal is implemented for the 2019 elections.

4.       Auckland Council has the most complex arrangements in New Zealand, with one governing body and twenty-one local boards. The Governing Body finalised the process for conducting the review in December 2017, following consultation with local boards.  The Joint Governance Working Party (“Working Party”) has developed an initial proposal for consideration by the Governing Body. In doing this, all local boards were asked for their feedback and this is attached in Attachment A. The Working Party also received a report by the councillor for the Waitematā and Gulf ward, which is attached as Attachment B.

5.       The council has six weeks following the close of submissions to publicly notify its final proposal.  Within those six weeks, the Working Party must hear submitters, consider submissions and report its recommendations to the Governing Body, for the Governing Body to resolve its final proposal.  Each local board has authorised a person, usually the board’s chairperson, to represent it if further feedback is required during the submission process.

Ngā tūtohunga / Recommendation/s

That the Governing Body, as part of the review of the Auckland Council’s representation arrangements:

a)      receive the recommendations of the Joint Governance Working Party as contained in this report, including the feedback from local boards and the report of the councillor for the Waitematā and Gulf Ward.

b)      note that the Governing Body has taken into account:

i)        the requirement for fair representation across all governing body wards and, within each local board, across all subdivisions 

ii)       the requirement for effective representation of communities of interest

iii)      the requirement for ward boundaries to coincide with local board boundaries as far as is practicable

iv)      that local board boundaries cannot be changed as part of the review

v)      the existing communities of interest identified by the Local Government Commission in 2010.

c)      propose that, for the Waitematā and Gulf ward to comply with the fair representation requirements, its boundaries, and those of adjacent wards, are changed as shown in the map in Attachment C with the result that:

i)        the communities of Parnell and Newmarket become part of the Ōrākei ward

ii)       the communities in Westmere and west of Surrey Crescent become part of the Albert-Eden-Roskill ward

iii)      the community in Eden Terrace, south of the motorway, become part of the Albert-Eden-Roskill ward

and that, as a consequence of these changes:

iv)      parts of Ellerslie and St Johns, currently in the Ōrākei ward, become part of the Maungakiekie-Tāmaki ward

v)      part of Mt Roskill currently in the Albert-Eden-Roskill ward become part of the Whau ward

vi)      part of an area close to Royal Oak and Onehunga, currently in the Maungakiekie-Tāmaki ward become part of the Albert-Eden-Roskill ward

noting that the Governing Body has particularly taken into account:

vii)     the requirement for ward boundaries to coincide with local board boundaries as far as is practicable, and that this proposal will lead to the boundaries of the affected wards not being fully aligned with local board boundaries

viii)    local board boundaries cannot be changed as part of the review

ix)      that there is minor under-representation in the Ōrākei and Maungakiekie-Tāmaki wards but that, due to the Rodney ward having non-complying over-representation it is reasonable to allow small under-representation in other parts of Auckland.

d)      propose that the Manukau ward be split into two separate wards with boundaries that align with the Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Board areas, named the Māngere-Ōtāhuhu ward and the Ōtara-Papatoetoe ward, noting that the Governing Body has particularly taken into account:

i)        the existing communities of interest as recognised by the Local Government Commission in 2010, particularly in terms of current local board boundaries

ii)       that the Manukau ward is the only double-member ward that can be split into single-member wards along local board boundaries and comply with the fair representation requirements

iii)      at the local level the communities of Papatoetoe and Ōtara have guaranteed representation through the subdivision arrangements of the respective local boards

iv)      creating two single-member wards based on the existing boundaries of the Māngere-Ōtāhuhu Local Board and the Ōtara-Papatoetoe Local Board will allow more effective representation of those communities with each ward member having a smaller constituency to support and only one local board to liaise with.

e)      propose that the boundaries of the Manurewa-Papakura ward are not changed, noting that this needs confirmation by the Local Government Commission as it is a non-complying decision, and that the Governing Body has particularly taken into account:

i)        the existing communities of interest as recognised by the Local Government Commission in terms of current ward and local board boundaries set by the Commission in 2010

ii)       the requirement for ward boundaries to coincide with local board boundaries as far as is practicable

iii)      local board boundaries cannot be changed as part of the review

iv)      the non-compliance is very minor and it is preferable to maintain alignment with local board boundaries to avoid confusing residents and to avoid creating complexities in the administration of elections.

f)       propose that the Rodney ward boundaries are not changed, noting that this needs confirmation by the Local Government Commission as it is a non-complying decision and that the Governing Body has particularly taken into account:

i)        the existing communities of interest as recognised by the Local Government Commission in 2010 in terms of current ward and local board boundaries set by the Commission in 2010

ii)       options for increasing the population of the Rodney ward result in splitting communities of interest or joining disparate communities of interest

iii)      the requirement for ward boundaries to coincide with local board boundaries as far as is practicable

iv)      local board boundaries cannot be changed as part of the review.

g)      propose that the subdivision boundaries of the Rodney Local Board are changed as shown by the map in Attachment D to better recognise communities of interest and to improve compliance with the requirement for fairness by:

i)        extending the Wellsford subdivision boundary south to meet the Kumeu subdivision boundary at Makarau

ii)       moving the boundary between Warkworth and Wellsford north to include a small area north of Matakana Road in the Warkworth subdivision;

noting that the Governing Body has taken into account:

iii)      the requirement for fair representation across all subdivisions of the Rodney Local Board 

iv)      the requirement for effective representation of communities of interest within the Rodney Local Board area

h)      propose that the boundaries of the subdivisions in the Howick Local Board area are not changed noting that this needs confirmation by the Local Government Commission as it is a non-complying decision and that the Governing Body has taken into account:

i)        the existing communities of interest as recognised by the Local Government Commission in 2010 in terms of current ward and local board boundaries

ii)       the northern boundary of the Botany subdivision is close to the Botany Town Centre and that any options for moving the northern boundary of the Botany subdivision southwards will result in splitting communities which have more of an interest in the Botany area than in the Howick or Pakuranga area

iii)      the population in the Botany subdivision is continuing to grow and once the non-compliance is more substantial, a future review should investigate all options, including an additional subdivision or additional board members.

i)        propose that the name of the Great Barrier Local Board is changed to Aotea Great Barrier Local Board to acknowledge the intended re-naming of Great Barrier Island as a result of the settlement with Ngāti Rehua - Ngātiwai ki Aotea.

j)       propose that all other representation arrangements that were in place for the 2016 elections remain unchanged.

k)      hold an additional meeting on Thursday 18 October 2018 at 9.30 am to consider the report of the Joint Governance Working Party on submissions and to make the council’s final proposal for public notification.

l)        delegate to the Joint Governance Working Party the responsibility and power under section 19M (3) of the Local Electoral Act 2001 to hear and consider submissions and to report recommendations to the Governing Body to take into account when making its final proposal. 

Horopaki / Context

There are statutory deadlines

6.       The Act requires all councils to review their representation arrangements at least every six years.  The Local Government (Auckland Council) Act 2009 requires Auckland Council to conduct a review of its representation arrangements no earlier than the 2013 elections and no later than September 2018.

7.       The Act requires the following timeline and process:

·    public notice of the council’s proposals within 14 days of the council’s resolution and by 8 September 2018 at the latest

·    consideration of submissions

·    public notice of the council’s final proposals within six weeks of the closing date for submissions. 

·    if there are no objections or appeals, and the council’s decisions include proposals that comply with the 10 per cent rule, the council’s proposals stand and are implemented

·    if there are objections or appeals, they are forwarded to the Local Government Commission for a decision.

Role of the Joint Governance Working Party and the process for developing the Auckland Council proposal

8.       In 2017 the Governing Body endorsed a process for the review of Auckland Council’s representation arrangements for the 2019 elections that was then recommended to local boards.  Local board feedback, which was generally supportive of the proposed process, was reported back to the Governing Body in December 2017.  

9.       The Governing Body, after considering local board feedback, made the following decision:

“That the Governing Body:

a)  receive the feedback from local boards.

b)      note the mayor’s appointments to the Joint Governance Working Party as follows:

Cr Cathy Casey (Central), Cr Linda Cooper (West), Cr Daniel Newman (South), Cr Wayne Walker (North), Angela Dalton (South), Phelan Pirrie (Rural North), Richard Northey (Central) and Shane Henderson (West).

c)      approve the draft terms of reference for the Joint Governance Working Party for inclusion in the Auckland Council Committee Terms of Reference.

d)      approve the following process for conducting the review of representation arrangements:

i)        the Joint Governance Working Party will develop Auckland Council’s initial review of representation arrangements and present it to local boards and the Governing Body for comments before the Governing Body makes the statutory resolution for public notification for submissions.

ii)       the Joint Governance Working Party will conduct the hearing of submissions and report its findings to local boards and the Governing Body before the Governing Body makes the final statutory resolution on any representation changes, which will then be publicly notified for objections and appeals.

iii)      the Governing Body will review the process for hearing submissions under (ii) at the time the initial proposals for change are known.”

10.     The process for hearing submissions is considered later in this report under ‘Next steps’.

Representation arrangements that may be reviewed

11.     For Governing Body representation, it is possible to review (for members other than the mayor):

·    whether members are elected by ward or at-large or by a mixture

·    if by ward, the number of wards, names, boundaries and number of members for each ward.

12.     For the representation of each local board it is possible to review:

·    the number of members for the local board

·    whether members are elected by subdivision or at-large or by a mixture

·    if by subdivision, the number of subdivisions, names, boundaries and number of members for each subdivision

·    the name of the local board.

Matters the council must take into account

13.     The Act requires the council to take into account:

·    the effective representation of communities of interest

·    fairness of representation.

14.     Other provisions in the Act include:

·    that ward boundaries should align with local board boundaries as far as is practicable

·    that boundaries must align with mesh-block boundaries

·    when the council gives public notice of its proposal it needs to give reasons for any changes from the 2016 elections.

15.     The concept of effective representation of communities of interest includes the division of a total area into smaller wards (for territorial local authorities), subdivisions (for local boards), constituencies (for regional councils) or electorates (for parliament), to achieve a spread of representation through the area which ensures the various communities of interest are effectively represented.

16.     There is no definition of ‘community of interest’ in the Act.  The Local Government Commission, in its guidelines, identifies three dimensions for recognising communities of interest: 

·    perceptual: a sense of belonging to an area or locality

·    functional: the ability to meet the community’s requirements for services

·    political: the ability to represent the interests and reconcile conflicts of the community.


 

17.     The concept of fairness means that the ratio of population to elected member for wards, in the case of the governing body, and subdivisions, in the case of local boards, should not vary significantly across the region or local board area respectively.  The legislation allows for a variance of up to 10 per cent.  This is referred to in this report as the ‘10 per cent rule’.  The legislation further allows the council to not comply if compliance would result in splitting communities of interest or joining disparate communities of interest.  The final decision on a proposal to not comply is made by the Local Government Commission.

18.     A practical consideration is the distribution of voting documents.  Each voter receives a pack of voting documents which is relevant to that voter (the pack contains voting papers for the governing body positions and local board positions relevant to that voter).  Misalignment of boundaries can create additional combinations of governing body and local board positions. This leads to additional cost in terms of voting documents.  This reinforces the legal requirement for ward and local board boundaries to align as far as is practicable.

Tātaritanga me ngā tohutohu / Analysis and advice

Review of Governing Body representation arrangements

19.     For Governing Body arrangements, the Working Party has reviewed:

(i)         whether any Governing Body members should be elected at large

(ii)        whether wards should be larger in size

(iii)       conversely, whether any double-member wards should become single-members wards

(iv)       whether any wards which do not comply with the 10 per cent rule should have their boundaries amended so that they comply.  The wards which do not comply with the 10 per cent rule are:

·    Waitematā and Gulf ward

·    Ōrākei ward

·    Rodney ward

·    Manurewa-Papakura ward.

Whether any Governing Body members should be elected at large

20.     The Royal Commission in 2009 proposed a total of 23 councillors with ten elected at-large, eight elected in four double-member urban wards, two single rural ward councillors, two elected by those on the Māori roll, one appointed by mana whenua.

21.     The Government’s response to the Royal Commission in its report ‘Making Auckland Greater’ proposed 20 councillors with eight elected at-large and 12 single-member wards.

22.     Parliament’s Select Committee, The Auckland Governance Legislation Committee, reported there was significant opposition to electing councillors at-large and felt that retaining the at-large councillors could reduce voter participation.  The majority of members believed that replacing the at-large councillors with ward councillors would provide for better representation of the communities of interest in Auckland.

23.     The Local Government Commission determined the current arrangements in 2010.  There was considerable public interest and the Commission’s final determination followed 736 submissions on its first proposal. 

24.     The Working Party noted that this issue had been discussed as part of the Governance Framework Review and that the Governing Body had resolved against any members being elected at-large.  Nevertheless, the Working Party looked into whether to propose that any councillor positions should be elected at-large.  It considered a scenario of three councillors elected at-large.  That would have the effect that each of the remaining 17 ward councillors would represent populations of 97,000, which are very large populations.  The Rodney ward is already over-represented and this would get worse, though the under representation in the Waitematā and Gulf ward would be improved.  A related issue with at-large positions is the cost of by-elections if a vacancy occurs.  The Working Party confirmed the Governing Body’s position that all councillors should be elected by ward.

Whether wards should be larger

25.     The Working Party considered whether wards should be larger than they are currently.  It considered a scenario where the three south Auckland urban wards were combined into one ward for the purpose of electing six members.  It noted:

i)        the total ward population would be 468,000

ii)       there is higher voter turnout in the Howick area than in the other areas currently represented by separate wards and so Howick would have the potential to drive election results with the effect that there might not be a spread of representation over all south Auckland communities

iii)      voters would need to choose six candidates from a long list of candidates, making the election process more complicated

iv)      a vacancy would cause a costly by-election

v)      the cap on election expenses would increase.

26.     The Working Party is not recommending that any wards are increased in size to elect a greater number of members.

Whether any double-member wards should be single-member wards

27.     The following table shows current single and double-member wards:

Single-member

Double-member

Rodney

Waitematā

Ōrākei

Whau

Maungakiekie-Tāmaki

Franklin

Albany

North Shore

Albert-Eden-Roskill

Waitākere

Howick

Manukau

Manurewa-Papakura

28.     The Working Party considered whether any double-member wards should be split into single-member wards.  It noted that wards and local boards should both be based on communities of interest and if double-member wards are split, the split should align with local board boundaries.

29.     The only double-member ward which can be split in this way is the Manukau ward.  Splitting the other double-member wards results in single-member wards which do not comply with the 10 per cent rule.

30.     The relevant matters to consider include the effective representation of communities of interest.  Auckland Council wards are very large compared to wards of other councils, having a population on average of 82,860 per councillor.  A double-member ward has approximately 160,000 population. 

31.     One advantage of creating single-member wards is more effective representation and engagement with the community in each ward because each councillor has a smaller area as a constituency.  This needs to be balanced against any negative effects on communities of interest.

32.     Splitting the Manukau ward would create a Māngere-Ōtāhuhu ward and an Ōtara -Papatoetoe ward.  Both wards are already deemed to be communities of interest in terms of their respective local boards.


 

33.     Within the combined Ōtara -Papatoetoe area the communities of Papatoetoe and Ōtara share many similarities but also have some differences.  For example, Papatoetoe has a different ethnic composition to Ōtara and is larger in population. Both communities are lower socio-economic communities, but Ōtara has more population in the top deprivation index category, and in this respect is more like parts of Māngere than Papatoetoe.

34.     The Working Party considered splitting the Manukau ward on two occasions – initially the majority of members agreed to recommend no change, but the Working Party reconsidered its position following the Governing Body workshop.  The Working Party recommends that the Manukau ward is split.  This will provide more effective representation with each councillor having a smaller area of focus.  The smaller areas within the Ōtara-Papatoetoe ward have guaranteed representation at the local level through local board subdivisions.

Wards that do not comply with the 10 per cent rule

35.     Based on statistics provided by the Local Government Commission (being a 2017 estimate) the following table displays population ratios.  The Waitematā and Gulf ward, Ōrākei Ward, Rodney ward and Manurewa-Papakura ward do not comply with the 10 per cent rule.

Ward

Population

Members

Population per member

Difference from quota

 Per cent difference

from

quota

Rodney Ward

64,300

1

64,300

-18,560

-22.40

Albany Ward

169,800

2

84,900

2,040

2.46

North Shore Ward

156,800

2

78,400

-4,460

-5.38

Waitākere Ward

176,500

2

88,250

5,390

6.50

Waitematā and Gulf Ward

119,100

1

119,100

36,240

43.74

Whau Ward

84,700

1

84,700

1,840

2.22

Albert-Eden-Roskill Ward

172,200

2

86,100

3,240

3.91

Ōrākei Ward

91,500

1

91,500

8,640

10.43

Maungakiekie-Tāmaki Ward

79,700

1

79,700

-3,160

-3.81

Howick Ward

150,200

2

75,100

-7,760

-9.37

Manukau Ward

168,900

2

84,450

1,590

1.92

Manurewa-Papakura Ward

148,900

2

74,450

-8,410

-10.15

Franklin Ward

74,600

1

74,600

-8,260

-9.97

Total

1,657,200

20

82,860

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Waitematā and Gulf ward

36.     The Waitematā and Gulf ward varies from the average population to member ratio (the “quota”) by 43.74 per cent.  To comply with the 10 per cent rule, the ward needs to lose population. The Working Party considered three options (Attachment E):

i)          Option 1: the boundaries on both the east and west of the ward move inwards

ii)         Option 2: the boundary on the east (with the Ōrākei ward) does not change and there is a greater change to the western boundary

iii)         Option 3: the boundary on the west (with the Albert-Eden-Roskill ward) does not change and there is a greater change in the boundary on the east (with more of Waitematā and Gulf ward being transferred to the Ōrākei ward).


 

37.     The Working Party is recommending option 1.  The other options have greater flow-on effects to neighbouring wards.  Option 1 affects the following communities:

·    the communities of Parnell and Newmarket will become part of the Ōrākei ward

·    the communities in Westmere and west of Surrey Crescent will become part of the Albert-Eden-Roskill ward

·    the community in Eden Terrace, south of the motorway, will become part of the Albert-Eden-Roskill ward.

38.     These changes will have consequential effects in neighbouring wards for those wards to comply with the 10 per cent rule:

·    parts of Ellerslie and St Johns, currently in the Ōrākei ward, will become part of the Maungakiekie-Tāmaki ward

·    part of Mt Roskill currently in the Albert-Eden-Roskill ward will become part of the Whau ward

·    part of an area close to Royal Oak and Onehunga, currently in the Maungakiekie-Tāmaki ward will become part of the Albert-Eden-Roskill ward.

39.     There are no effects on local board boundaries as these cannot be changed under the process for the review of representation arrangements.

40.     The following table shows the effect of this option on populations in terms of the 10 per cent rule:

Ward

Per cent difference from quota

Waitematā and Gulf Ward

9.22

Whau Ward

9.58

Albert-Eden-Roskill Ward

10.07

Ōrākei Ward

10.91

Maungakiekie-Tāmaki Ward

10.43

 

41.     The Working Party considered formal feedback from local boards and a written report by the member for the Waitematā and Gulf ward, Councillor Mike Lee.

42.     The Ōrākei Local Board has made proposals that modify the option supported by the Working Party.  Parnell becomes part of Ōrākei.  The board notes that Parnell shares a common boundary with Hobson Bay.  However, it believes that Newmarket should stay within the Waitematā and Gulf ward because it shares characteristics with Grafton and the CBD. Further, it states that the areas of St Johns and Colin Maiden Park that are proposed to become part of the Maungakiekie-Tāmaki ward, have more of a community of interest with Ōrākei than Maungakiekie-Tāmaki.

43.     Other local boards located within the areas of the affected wards supported Option 1:

·    Waitematā Local Board

·    Albert-Eden Local Board

·    Maungakiekie-Tāmaki Local Board

44.     The Puketāpapa Local Board did not comment on the option.

45.     Councillor Mike Lee has recommended the status quo: 

i)       He notes the requirement for fair representation in the Act, which refers to ensuring “…that the electors of the ward or constituency or subdivision receive fair representation, having regard to the population…”  Councillor Lee points out that the ratio of electors to population in the Waitematā and Gulf ward is very low (if not the lowest in the country) and if fairness of representation is in respect to electors, then basing fairness on population in the Waitematā and Gulf ward is not appropriate.

ii)      He also refers to various aspects of Auckland’s governance arrangements that make Auckland Council unique and that the arrangements that were set in place by the Local Government Commission for the establishment of Auckland Council in 2010 should not be interfered with. 

iii)     He notes that changing the ward boundaries will lead to a misalignment with local board boundaries and consequential additional election costs through having to publish different versions of voting documents

iv)     Councillor Lee also notes the ability under the Act to not comply with the 10 per cent rule if compliance would lead to splitting communities of interest.  He maintains that the Working Party’s recommendation would lead to splitting communities of interest.

46.     The variance of the ward from the quota is 43.74 per cent and this will continue to grow as population increases.  Although the legislation provides the ability to not comply with the 10 per cent rule, it is not likely that the Local Government Commission would accept this degree of non-compliance – though this is their discretion.

47.     We reviewed several previous determinations of the Commission.  The highest variance that has been accepted by the Commission appears to be -61.47 per cent in Christchurch for Banks Peninsula.  In that case, it was clear that Banks Peninsula did not form a community of interest with any of the urban wards in Christchurch.  A variance of -55.48 per cent was accepted for Fiordland in the Southland Regional Council area for similar reasons.  However, other variances that have been accepted have been 20 per cent or less.

48.     The Working Party considered the views of the local boards and Councillor Lee and confirmed its preference for Option 1.

Rodney ward

49.     The Rodney ward is over-represented by -22.40 per cent and to comply it needs to expand its boundaries.

50.     The Working Party considered options for increasing the population of the ward by expanding its boundaries.

51.     An option that would provide sufficient population moves the area that includes Orewa to Waiwera into the Rodney ward and out of the Albany ward.  The Working Party has rejected that option on the basis that it would split the community of interest that those places have with the Hibiscus Coast.

52.     Another option is to move the southern boundary of the Rodney ward southwards.  However, this option moves communities into Rodney which are south-facing rather than north-facing. These communities would tend to go south for work and retail shopping purposes rather than go north.

53.     The Working Party noted:

·    compliance with the 10 per cent rule would split communities of interest or join disparate communities of interest

·    a variance of -22 per cent is likely to be acceptable to the Commission, and it is gradually improving over time as population in Rodney increases

·    there is a legislative requirement for ward boundaries and local board boundaries to align as far as is practicable

·    the current Rodney ward boundaries were established by the Local Government Commission.  

54.     The Working Party recommends the council propose the status quo for the Rodney ward.


 

Manurewa-Papakura ward

55.     The Manurewa-Papakura ward is over-represented by -10.15 per cent and to comply it needs to expand its boundaries.

56.     The ward cannot be expanded southwards as this would take population from the Franklin ward.

57.     The Working Party considered two options for expanding the northern boundary.  One option moves the boundary on the western side of the motorway northwards from SH20 to Cavendish Drive in the Manukau City Centre.

58.     The other option moves the northern boundary on the eastern side of the motorway, currently along the Redoubt Road ridge, northwards.

59.     The Working Party noted:

·    the variance is only marginally over 10 per cent

·    the communities north of Redoubt Road do not have a community of interest with Manurewa-Papakura

·    the Ōtara -Papatoetoe Local Board has provided feedback that it considers SH20 to be the obvious northern boundary on the western side of the motorway

·    there is a legislative requirement for ward boundaries and local board boundaries to align as far as is practicable.

60.     The Working Party recommends the council propose the status quo for the Manurewa-Papakura ward.

Wards for the 2019 elections

61.     The table below summarises the arrangements for wards for the 2019 election with the above proposals:

Ward

Population (2017 Est.)

Members

Population per member

Difference from quota

Per cent difference from quota

Rodney Ward

64,300

1

64,300

-18,560

-22.40

Albany Ward

169,800

2

84,900

2,040

2.46

North Shore Ward

156,800

2

78,400

-4,460

-5.38

Waitākere Ward

176,500

2

88,250

5,390

6.50

Waitematā and Gulf Ward

90,500

1

90,500

7,640

9.22

Whau Ward

90,800

1

90,800

7,940

9.58

Albert-Eden-Roskill Ward

182,400

2

91,200

8,340

10.07

Ōrākei Ward

91,900

1

91,900

9,040

10.91

Maungakiekie-Tāmaki Ward

91,500

1

91,500

8,640

10.43

Howick Ward

150,200

2

75,100

-7,760

-9.37

Māngere-Ōtāhuhu Ward

81,100

1

81,100

-1,760

-2.12

Ōtara-Papatoetoe Ward

87,800

1

87,800

4,940

5.96

Manurewa-Papakura Ward

148,900

2

74,450

-8,410

-10.15

Franklin Ward

74,600

1

74,600

-8,260

-9.97

Total Auckland

1,657,200

20

82,860

 

Review of local board representation arrangements

62.     A presentation on the review was discussed at local board workshops.  Following this, all local boards considered a formal report, which described representation issues for both the Governing Body and local boards and resolved their formal feedback (Attachment A).  The Working Party received the local board feedback which has guided their recommendations on local board issues.

Number of members on local boards

63.     The following table provides the population for each local board and the number of board members:

Board

Population

Members

Population per member

Rodney

       64,300

9

7,144

Hibiscus and Bays

     104,500

8

13,063

Upper Harbour

       65,300

6

10,883

Kaipātiki

       94,000

8

11,750

Devonport-Takapuna

       62,800

6

10,467

Henderson-Massey

     122,300

8

15,288

Waitākere Ranges

       54,200

6

9,033

Great Barrier

         1,000

5

200

Waiheke

         9,630

5

1,926

Waitematā

     108,500

7

15,500

Whau

       84,700

7

12,100

Albert-Eden

     109,200

8

13,650

Puketāpapa

       63,000

6

10,500

Ōrākei

       91,500

7

13,071

Maungakiekie-Tāmaki

       79,700

7

11,386

Howick

     150,200

9

16,689

Māngere-Ōtāhuhu

       81,100

7

11,586

Ōtara-Papatoetoe

       87,800

7

12,543

Manurewa

       94,500

8

11,813

Papakura

       54,500

6

9,083

Franklin

       74,600

9

8,289

Total

  1,657,330

64.     There is no legal requirement that the number of members should be proportional to the size of population, but clearly, the more populous areas have more members than those with less population. 

65.     There are no recommendations to change the number of local board members on any local board.

Names of local boards

66.     The Great Barrier Local Board has proposed that its name changes to Aotea Great Barrier Local Board.  The change of name reflects the intended re-naming of Great Barrier Island after the settlement with Ngāti Rehua - Ngātiwai ki Aotea.

67.     This is supported by the Working Party.  There are no other proposals for name changes.


 

Local board subdivisions that do not comply with the 10 per cent rule

68.     The following boards do not have subdivisions:

·    Upper Harbour

·    Kaipātaki

·    Devonport-Takapuna

·    Henderson

·    Waitakere Ranges

·    Waitematā

·    Ōrākei

·    Whau

·    Puketāpapa

·    Māngere-Ōtāhuhu

·    Manurewa

·    Papakura

·    Great Barrier

·    Waiheke

69.     For those boards with subdivisions, the following shows population in relation to the 10 per cent rule:

Local board

Population

Members

Pop per member

Difference from quota

% Diff

from

quota

Rodney Local Board

Wellsford Subdivision

         6,380

1

6,380

-763

-10.69

Warkworth Subdivision

       20,700

3

6,900

-243

-3.41

Kumeu Subdivision

       29,700

4

7,425

282

3.94

Dairy Flat Subdivision

         7,510

1

7,510

367

5.13

Total

       64,290

9

7,143

Hibiscus and Bays Local Board

Hibiscus Coast Subdivision

       53,300

4

13,325

263

2.01

East Coast Bays Subdivision

       51,200

4

12,800

-263

-2.01

Total

     104,500

8

13,063

 

 

 

 

 

 

Albert-Eden Local Board

Owairaka Subdivision

       53,800

4

13,450

-200

-1.47

Maungawhau Subdovision

       55,400

4

13,850

200

1.47

Total

     109,200

8

13,650

Maungakiekie-Tāmaki Local Board

Maungakiekie Subdivision

       31,200

3

10,400

-971

-8.54

Tāmaki Subdivision

       48,400

4

12,100

729

6.41

Total

       79,600

7

11,371

 


 

Local board

Population

Members

Pop per member

Difference from quota

% Diff

from

quota

Howick Local Board

Pakuranga Subdivision

       45,800

3

15,267

-1,422

-8.52

Howick Subdivision

       45,900

3

15,300

-1,389

-8.32

Botany Subdivision

       58,500

3

19,500

2,811

16.84

Total

     150,200

9

16,689

 

 

 

 

 

 

Ōtara-Papatoetoe Local Board

Papatoetoe Subdivision

       51,600

4

12,900

343

2.73

Ōtara Subdivision

       36,300

3

12,100

-457

-3.64

Total

       87,900

7

12,557

Franklin Local Board

Waiuku Subdivision

       15,350

2

7,675

-619

-7.47

Pukekohe Subdivision

       35,900

4

8,975

681

8.20

Wairoa Subdivision

       23,400

3

7,800

-494

-5.96

Total

       74,650

9

8,294

Note: any discrepancies between local board totals in this table and the previous table are due to rounding protocols being different when analysing populations under 10,000 (where rounding is to the nearest ten rather than the nearest one hundred). 

70.     There are two subdivisions that do not comply:

·    Botany subdivision of the Howick Local Board (at 16.84 per cent, which needs to lose population)

·    Wellsford subdivision of the Rodney Local Board (at -10.69 per cent, which is addressed in response to a suggestion to change the Warkworth subdivision boundaries).

Botany subdivision of the Howick Local Board

71.     The Botany subdivision needs to lose population to comply.  This requires the boundaries of the Pakuranga and / or Howick subdivisions to move southwards.  The southern boundary of the Howick subdivision is already close to the Botany Town Centre.  Moving it further south encompasses communities who would likely pursue their retail activities at Botany Town Centre rather than at the Howick town centre and who would likely identify more with Botany than Howick.

72.     An option considered by the Howick Local Board was to move the Golflands areas into the Howick subdivision and the Burswood area into the Pakuranga subdivision, but the Burswood area is physically separated from Pakuranga by the Pakuranga Creek.

73.     The Howick Local Board has recommended that the council should propose the status quo, noting there is continuing growth in the Botany area, and that the council should consider all options for Howick Local Board representation arrangements at a future review.

74.     The Working Party supports this recommendation.

Subdivisions of the Rodney Local Board

75.     A submission has been received from a resident, Mr Grant Kirby, living near the Kaipara Harbour, pointing out that the Warkworth subdivision extends from coast to coast.  Mr Kirby was a former chair of the Local Government Commission.  The submission states that the area alongside the Kaipara Harbour does not share a community of interest with Warkworth and suggests extending the Kumeu subdivision boundary northwards, to follow the Helensville electorate boundary.

76.     Maps showing current subdivisions, the option of extending the Kumeu subdivision northwards and an option of extending the Wellsford subdivision southwards, are contained in Attachment F.  Both options result in subdivisions that comply with the 10 per cent rule.

77.     The Rodney Local Board has recommended extending the Wellsford subdivision south on the Kaipara side as well as a boundary adjustment at Matakana Road.

78.     The subdivision populations comply with the 10 per cent rule, as follows:

Subdivision

Population (2017 Est.)

Members

Population per member

Difference from quota

Per cent difference from quota

Dairy Flat Subdivision

7,510

1

7,510

367

5.13

Kumeu Subdivision

29,700

4

7,425

282

3.94

Warkworth Subdivision

20,200

3

6,733

-410

-5.74

Wellsford Subdivision

6,870

1

6,870

-273

-3.83

Rodney Local Board Total

64,290

9

7,143

 

 

79.    The Working Party supports these recommendations.

Other subdivision suggestions

80.     The Waitematā Local Board, which does not currently have subdivisions, was invited to comment on a proposal for a central Waitematā subdivision.  The local board has stated that it represents the various communities within its area well and subdivisions for the Waitematā Local Board are not required to ensure effective representation of communities of interest.

81.     The Upper Harbour Local Board, which does not currently have subdivisions, was invited to comment on a proposal that it should have subdivisions to ensure a spread of representation.  The current spread of population in the local board area does not permit subdivision boundaries along recognisable community or physical lines.  Staff provided an option with three subdivisions which complied with the 10 per cent rule using the current number of board members for consideration by the board. The board resolved that consideration of establishing subdivisions is deferred to the next review when the population in the western part of the local board area will have increased. 

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

82.     Local boards have supported a process where the Working Party develops the Auckland Council proposal for presentation to the Governing Body.  The Working Party has joint local board and Governing Body representation.  The Governing Body makes the Auckland Council resolution required by the legislation which will be notified for public submissions. 

83.     All local boards have had workshops on the review, received a formal report and made formal resolutions providing their feedback.

84.     Following the closing date for submissions the Governing Body must make the final statutory resolution within six weeks.  The Working Party will consider submissions.  For the Working Party to liaise effectively with local boards, the local boards have delegated authority to the chair or another member to represent the board’s views on the review should the Working Party seek further engagement with and/or feedback from the board prior during the consideration of submissions following public notification. 

Tauākī whakaaweawe Māori / Māori impact statement

85.     The Act provides for councils to establish Māori wards for electing governing body members. 

86.     The Auckland Council Governing Body has previously considered this aspect of its representation arrangements.  A resolution to establish a Māori ward was required by 23 November 2017.  The Governing Body supported the creation of a Māori ward in principle but decided not to proceed further until it could increase the number of Governing Body members.

87.     There is no similar provision for local board elections.  The process for electing local board members is the same for all. 

Ngā ritenga ā-pūtea / Financial implications

88.     The review process is supported in-house.  There will be costs associated with public notices and a payment to the Local Government Commission for preparing plans of boundaries and having them certified by the Surveyor-General.  These costs will be met from existing budgets. 

Ngā raru tūpono / Risks

89.     The legislation requires deadline dates for certain decisions and public notification.  Auckland Council has the greatest number of governance entities in the country (one governing body and twenty-one local boards).  The biggest risk to the review is not meeting the statutory deadlines due to the need to involve all entities in the review.

Ngā koringa ā-muri / Next steps

90.     The Working Party will hear and consider submissions after submissions have closed and develop final proposals for consideration by the Governing Body at its October meeting, when it will make its final statutory resolution for public notification.

91.     The legislation requires public notification of council’s final proposal within six weeks of the date that submissions close.  Within those six weeks, staff will analyse submissions for the Working Party.  Submitters who request to be heard will be able to attend a hearing conducted by the Working Party. A report will then be written up for presentation to the Governing Body.

92.     Some submissions may affect local boards.  Each local board has authorised a person, usually the chairperson, to represent the board’s views.  Every endeavour will be made to place relevant submissions before local board workshops for local board feedback or to get feedback from those who have been authorised by local boards, to report to the Working Party.

93.     To meet the legislatively required timeline, the Governing Body will need to hold an extraordinary meeting to resolve its final proposal.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Formal feedback from local boards

71

b

Report from the member for the Waitematā and Gulf ward

87

c

Proposed boundaries for the Waitematā & Gulf, Ōrākei, Maungakiekie-Tāmaki and Whau wards

95

d

Proposed boundaries for Rodney Local Board subdivisions

97

e

Options for Waitematā & Gulf ward

99

f

Options for Rodney Local Board subdivisions

101

     

Ngā kaihaina / 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

26 July 2018

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

26 July 2018

 

 


 


 


 


 


 


 


 


Governing Body

26 July 2018

 

 


Governing Body

26 July 2018

 

 


Governing Body

26 July 2018

 

 


Governing Body

26 July 2018

 

 


Governing Body

26 July 2018

 

 

Referred from the Audit and Risk Committee - Quarterly Health and Safety Performance Report

 

File No.: CP2018/12485

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the Quarterly Health and Safety Performance Report referred by the Audit and Risk Committee.

Whakarāpopototanga matua / Executive summary

2.       At a meeting of the Audit and Risk Committee on 25 June 2018, it was resolved as follows:

Resolution number AUD/2018/39

MOVED by Member B Robertson, seconded by Mayor P Goff: 

That the Audit and Risk Committee:

a)      receive the quarter three report on the council’s health and safety performance.

b)      refer this report to the Governing Body and draw elected members attention to the need to fulfil their duties under the Health and Safety at Work Act 2015.

c)      note that this report will also be provided to all local boards for their information.

3.       Clause b) of the above resolution refers the report to the Governing Body, in its role as the person or organisation conducting a business or undertaking and is in line with duties outlined in the Health and Safety at Work Act 2015.

4.       The quarterly Health, Safety & Wellbeing Report is appended at Attachment A.

 

Ngā tūtohunga / Recommendation

That the Governing Body:

a)      receive the Health, Safety and Wellbeing Performance report

b)      note its duties under the Health and Safety at Work Act 2015

c)      note that the report will be referred to all local boards for their information.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

25 June 2018 Original Quarterly Health and Safety Performance Report

105

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 July 2018

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

26 July 2018

 

 

Recommendations from the Regulatory Committee - Health and Hygiene Bylaw 2013 Statement of Proposal

 

File No.: CP2018/12751

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the recommendations from the Regulatory Committee and adopt the Health and Hygiene Bylaw 2013 Statement of Proposal.

Whakarāpopototanga matua / Executive summary

2.       At its meeting of 12 July 2018, the Regulatory Committee considered the attached report and resolved as follows:

Resolution number REG/2018/51

MOVED by Chairperson L Cooper, seconded by Cr J Bartley: 

That the Regulatory Committee:

a)      note that this committee completed the statutory review of the Health and Hygiene Bylaw 2013 and:

i)       determine a bylaw is still the most appropriate way to protect the public from health risks posed by services that contact the body

ii)       determine the current Bylaw is not the most appropriate form of bylaw because it does not properly regulate certain services

iii)      give directions to prepare amendments to the current Bylaw.

b)      recommend the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation and confirm that the amended Bylaw contained within this attachment:

i)       is the most appropriate form of bylaw

ii)       does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

c)      recommend the Governing Body forward the statement of proposal in Attachment A of the agenda report to local boards and advisory panels for their views.

and

g)      delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

3.       The original report to the Regulatory Committee is included in Attachment A.

 

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)         adopt the Health and Hygiene Bylaw 2013 Statement of Proposal in Attachment A of the agenda report

 

b)      confirm that the amended Health and Hygiene Bylaw 2013 contained within Attachment A of the agenda report:

i)        is the most appropriate form of bylaw

ii)       does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

c)      agree to forward the Health and Hygiene Bylaw 2013 statement of proposal in Attachment A of the agenda report to local boards and advisory panels for their views.

d)      note that authority is delegated through the Chief Executive to a manager responsible for bylaws to make any amendments to the Health and Hygiene Bylaw 2013 statement of proposal in Attachment A of the agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

12 July 2018 Original Health and Hygiene Bylaw 2013 Statement of Proposal report to the Regulatory Committee

151

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 July 2018

 

 

 

 

 

 

Link to HTML of report to the Regulatory Committee, 12 July 2018:

http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT_WEB.htm

 

 

Link to PDF of the report to the Regulatory Committee, 12 July 2018:

http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT.PDF

 

 

 

 

 

 

 

 

 


 

 

 

 


Governing Body

26 July 2018

 

 

Recommendations from the Regulatory Committee - Legacy On-site Wastewater Bylaws Statement of Proposal

 

File No.: CP2018/12752

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the recommendations from the Regulatory Committee and adopt the Legacy On-site Wastewater Bylaws Statement of Proposal.

Whakarāpopototanga matua / Executive summary

2.       At its meeting of 12 July 2018, the Regulatory Committee considered the attached report and resolved as follows:

Resolution number REG/2018/52

MOVED by Chairperson L Cooper, seconded by IMSB Chair D Taipari: 

That the Regulatory Committee:

a)      note that this committee completed the statutory review of the legacy on-site wastewater bylaws and:

i)       endorse the review findings determining that the legacy on-site wastewater bylaws are no longer needed as the Auckland Unitary Plan and existing legislation regulate on-site wastewater systems

ii)       give directions to revoke the legacy on-site wastewater bylaws

b)      recommend the Governing Body adopt the statement of proposal in Attachment A, for public consultation to confirm the revocation of the legacy on-site wastewater bylaws including:

i)       all clauses of the Auckland City Council Bylaws: Bylaw No. 29 (Waiheke Wastewater Bylaw 2008) (i.e. the whole legacy bylaw)

ii)       residual clauses of the North Shore City Bylaw 2000: Part 20 Wastewater

iii)      residual clauses of the Rodney District Council General Bylaw 1998: Chapter 20 Wastewater Drainage

iv)     residual clauses of the Papakura District Council Wastewater Bylaw 2008.

and

f)       delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions, or to reflect decisions made by the Regulatory Committee or Governing Body.

3.       The original report to the 12 July 2018 Regulatory Committee is included in Attachment A.


 

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      adopt the Legacy On-site Wastewater Bylaws Statement of Proposal in Attachment A of the agenda report for public consultation to confirm the revocation of the legacy on-site wastewater bylaws including:

i)       all clauses of the Auckland City Council Bylaws: Bylaw No. 29 (Waiheke Wastewater Bylaw 2008) (i.e. the whole legacy bylaw)

ii)      residual clauses of the North Shore City Bylaw 2000: Part 20 Wastewater

iii)     residual clauses of the Rodney District Council General Bylaw 1998: Chapter 20 Wastewater Drainage

iv)     residual clauses of the Papakura District Council Wastewater Bylaw 2008

b)      note that authority is delegated through the Chief Executive to a manager responsible for bylaws to make any amendments to the Legacy On-site Wastewater Bylaws statement of proposal in Attachment A of the agenda report to correct errors, omissions, or to reflect decisions made by the Regulatory Committee or Governing Body.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

12 July 2018 Original Legacy On-site Wastewater Bylaws Statement of Proposal report to the Regulatory Committee

155

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 July 2018

 

 

 

 

 

 

Link to PDF of report to the Regulatory Committee, 12 July 2018:

http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT.PDF

 

 

 

Link to HTML of report to the Regulatory Committee, 12 July 2018:

http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT_WEB.htm

 

 

 

 

 

 

 


Governing Body

26 July 2018

 

 

Governing Body's Forward Work Programme

 

File No.: CP2018/07795

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To approve the Governing Body’s forward work programme.

Whakarāpopototanga matua / Executive summary

2.       The forward work programme identifies areas of work on which the Governing Body has to make a decision.  It is in line with the forward work programmes of the other committees of the whole.

3.       Projects are briefly described and identified as requiring either decision or direction.  Where possible, likely timeframes for the projects coming before the Governing Body have also been identified.

4.       The forward work programme will be updated and reported monthly for information as part of the summary of information report.

5.       Staff recommend that the forward work programme be reviewed in December 2018 and July 2019.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      approve the Governing Body’s forward work programme.

b)      agree that the Governing Body’s forward work programme be reported monthly for information and reviewed in December 2018 and July 2019.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Governing Body's Forward Work Programme

159

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 



Governing Body

26 July 2018

 

 

 

GOVERNING BODY FORWARD WORK PROGRAMME 2016 – 2019 TERM

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee

The Mayor may require any matter that would otherwise be reported to a committee, to be reported to the Governing Body.  If that matter is already on a published agenda for a committee meeting, that meeting will not consider that matter unless invited by the mayor to make a recommendation to the Governing Body.

 

Lead

Area of work

Reason for work

Governing Body role

(decision or direction)

Budget/ Funding

Expected timeframes

Highlight financial year quarter and state month if known

FY18/19

Jul-Sep

26 Jul

23 Aug

27 Sep

Oct-Dec

25 Oct

22 Nov

13 Dec

Jan-Mar

28 Feb

28 Mar

Apr-Jun

2 May

30 May

27 Jun

Chief Financial Office

Annual Plan

The Local Government Act 2002 requires each local authority to consult on and adopt a long term plan every three years.  In each intervening year local authorities are required to consult the community on any significant or material changes to the relevant year of the long term plan through the Annual Budget consultation document. 

Legislation also requires that the council’s consultation document include a summary of key matters from Local Board Agreements and the Draft Tūpuna Maunga Authority Operational Plan for the Annual Plan year.

Adopt consultation document and supporting material

Approve Annual Plan

 

 

 

 

Q1

Q2

Q3

Q4

(Jun)

Chief Operating Office

Americas Cup 2021

Location, infrastructure and funding

Approve preferred location

Agree strategy for progressing resource consent applications

 

Progress to Date:

Report considered 14/12/17 and approval of  Wynyard Basin option GB/2017/172 and agreed single hearing process through direct referral

Report and revised decision and approval of Wynyard Hobson proposal 29/3/18 GB/2018/63

 

Q1

Q2

Q3

Q4

 

City Rail Link

Construction of the City Rail Link in the central city

Approve City Rail Link Heads of Agreement

Note any matters raised by the Audit and Risk Committee about the project

 

Progress to Date:

Heads of Agreement approved 14/9/16 Conf

Appoint chair of City Rail Link 15/12/16 Conf

Note sponsors agreement and establishment of new entity City Rail Link Limited  29/6/17 Conf

 

Q1

Q2

Q3

Q4

Chief Financial Office

Annual Report

Statutory requirement

Adopt Annual Report

 

 

 

 

Q1

27 Sep

Q2

Q3

Q4

Governance

Review of Code of Conduct

The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions

Adopt new Elected Members Code of Conduct

 

Progress to Date:

Initial report was considered 22/2/18

Approval 22/2/18 for review GB/2018/37

Workshop – 15 March 2018

 

 

 

 

Q1

Q2

Q3

Q4

Governance

Representation Review

The Local Electoral Act 2001 requires all local authorities to undertake a review of representation arrangements at least once every six years.

Auckland Council is required to undertake a review for the 2019 elections.

Council’s decision must be issued no later than 11 April 2019.

Approve the process for conducting the review of representation arrangements

Approve final decision

 

Progress to Date:

Report and approval of process 14/12/17 GB/2017/175

 

 

 

 

Q1

Q2

Q3

Q4

Financial Strategy and Planning

Contributions Policy

The Local Government Act requires Council to review the policy every three years.

Consultation and adoption must be done by 1 July 2018

Adopt policy

 

Progress to Date:

Agree to consultation 30/4/18 GB/2018/79

Agree extension until new policy in place 27/6/18 GB/2018/96

 

 

 

Q1

Q2

Q3

Q4

Mayoral Office

Governance

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Adopt the Terms of Reference

Adopt changes to Terms of Reference

 

Progress to Date:

Initial adoption 1/11/16 GB/2016/237

Review report 14/12/17 GB/2017/177

Review after by-election 22/3/17 GB/2018/57

Amend Appointments, Performance Review and Value for Money 19/4/19 GB/2018/71

Amend because of disestablishment of ACIL 26/7/18

 

Q1

Q2

Q3

Q4

Governance

Accountability Review of council-controlled organisations

The accountability review are to increase the accountability and value for money of CCOs by:

•     increasing the transparency of CCO decision-making

•     increasing the responsiveness of CCOs to the public and council

•     improving the recognition of ratepayer funding for CCO activity

•     increasing the ability to align CCOs to the direction set by the council.

Reporting on a quarterly basis

Approve objectives as basis of review

Approve scope and timing

 

Progress to Date:

Approve objectives, scope and timing 23/2/17 GB/2017/17

Memorandum 9/4/18 to councillors with an update

 

Within timelines and budgets

Q1

Q2

Q3

Q4

Governance

Independent Māori Statutory Board funding

The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA)

Approve 2019/2020 funding agreement

 

Q1

Q2

Q3

Q4

People and Performance

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Receive the quarterly Health, Safety and Wellbeing Report

 

Progress to Date:

March report received GB/2018/55

June report received

 

Q1

(Sep)

Q2

(Dec)

Q3

(Mar)

Q4

(Jun)

Social Policy and Bylaws

Public Safety and Nuisance Bylaw Review

Legislative requirement to review bylaw within five years. Committee resolution to “commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date”.

Approve statement of proposal.  #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended. Length of time required to draft the statement of proposal will depend on the scope of amendments requested following the review findings.

 

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Dog management Bylaw and Policy on Dogs

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Health and Hygiene Bylaw

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve the statement of proposal

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Solid Waste Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

On-site Wastewater Bylaw

Legislative requirement to review legacy bylaws by 31 October 2020.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve the statement of proposal

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Signage Bylaw

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Alcohol Control Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Freedom Camping

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

If regulatory response required:

Approve statement of proposal

Make the bylaw

Review is within current baselines.

Funding proposals will be required for any recommendations that require capital or operational upgrades.

Q1

Q2

Q3

Q4

Mayoral Office

Mayoral Housing Taskforce Steering Group

Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report.

Setup, agree and approve membership of group

Receive six-monthly updates

 

Progress to Date:

Taskforce setup 27/7/17 GB/2017/79

Memorandum 9/4/18 to councillors updating progress

 

Q1

Q2

Q3

Q4

Governance

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Approve submissions to the Crown as and when required

Approve establishment and on-going implementation of co-management and other governance arrangements

 

Q1

Q2

Q3

Q4

Governance

Advisory Panels

The Governing Body appoints members to advisory panels, as required.

Approve appointments to advisory panels

Within current baselines.

Q1

Q2

Q3

Q4

 


 

 

COMPLETED

Governance

2018 Local Government New Zealand Conference  and Annual General Meeting

The Governing Body sends representatives to the conference and as delegates to the Annual General Meeting

Appoint presiding delegate to Annual General Meeting

Appoint three other delegates to Annual General Meeting

Approve councillors to attend conference

 

Progress to Date:

Report was considered 22/3/18

Approved the above GB/2018/47

 

Q3

FY17/18

Q4

Q1

Q2

People and Performance

Remuneration Policy

The current Remuneration Policy was adopted in 2014. The policy provides high-level guidance for all remuneration decisions made by the council. The policy is also supported by operational guidelines and policies.

Under the Local Government Act 2002 (Schedule 7, section 36A) the policy must be reviewed every three years.

Approve the change to the policy.

 

Progress to Date:

Report considered 22/3/18

Approved 22/3/18 GB/2018/42

Q3

FY17/18

Q4

Q1

Q2

Chief Planning Office

Auckland Plan Refresh

The Auckland Plan was approved in 2012 and a commitment made to a refresh within six years.  A refresh will ensure that the Auckland Plan remains current and will inform Long-term Plan 2018-2028 prioritisation and budget decisions.

Approve refresh of Auckland Plan

 

Progress to Date:

Various workshops throughout 2017/2018

Adopted summary information 21/2/18 GB/2018/25

Adopted by Planning Committee 6/5/18 PLA/2018/62

 

Q3

Q4

FY17/18

Q1

Q2

Chief Financial Office

Long-term  Plan 2018-2028

Statutory Process

·    Consultation process – including hearings for community to be heard and local board engagement meetings (Have Your Say events).  Approach to communication of investments in local board areas to be considered

·    Elected members consideration of feedback

·    Decision-making for Long-term Plan 2018-2028

·    Long-term Plan 2018-2028 adoption

Adopt consultation document and supporting material

Adopt Long Term Plan and set rates

 

Progress to Date:

Various workshops throughout 2017/2018

Adopted consultation document and supporting material 21/2/18 GB/2018/24

Agree recommendation for adoption 31/5/18 GB/2018/91

Adoption 28/6/18 GB/2018/

Q3

Q4

FY17/18

Q1

Q2

Chief Financial Office

Regional Fuel Tax Proposal

Auckland Council consulted on its 10-year Budget 2018-2028 (LTP), part of which asked if there was support for a Regional Fuel Tax.  A report on the consultation undertaken is required by legislation to be submitted to the Ministers of Transport and Finance.

Approve a Regional Fuel Tax for Auckland

 

Progress to Date:

Approved 31/5/18 GB/2018/90

Q3

Q4

FY17/18

Q1

Q2

Governance

Advisory Panels

The Governing Body appoints members to advisory panels, as required.

Approve appointments to advisory panels

 

Progress to Date:

Initial appointments to demographic panels 23/3/17 Conf

Appointments to the Youth Advisory Panel 25/5/17 Conf

Replacement members appointed to Youth Advisory Panel 22/3/18 Conf

Q1

Q2

Q3

Q4

People and Performance

Chief Executive’s Employment Review Process

Under the Local Government Act 2002, a local authority Chief Executive is appointed for a five year term.  Schedule 7 of the Act gives the option of a two year extension if Council undertakes a formal employment review at least six months before the expiry of the current contract.

The Governing Body is responsible for the review.

Approve performance objectives

Agree to the review of the chief executive performance before 30 June 2018

Delegate the review if desired

Decision on chief executives contract

 

Progress to Date:

Objectives approved and released 23/11/17 GB/2017/153

Process approved 19/4/18 GB/2018/71

Re-appointment confirmed 27/6/18 GB/2018/103

Q3

Q4

FY17/18

Q1

Q2

Governance

Independent Maori Statutory Board funding

The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA)

Approve 2018/2019 funding agreement

 

Progress to Date:

Report received 27/6/18 and funding approved GB/2018/94

Q3

Q4

FY17/18

Q1

Q2

Governance

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Approve submissions to the Crown as and when required

Approve establishment and on-going implementation of co-management and other governance arrangements

 

Progress to Date:

Submission on Point England Development Enabling Bill 23/2/17 GB/2017/8

Submission on Ngāti Tamaoho Claims Settlements Bill 27/7/17 GB/2017/85

Report Upper Mangatangi-Mangarawhiri Catchments Co-governance Arrangements 24/8/17 GB/2017/99

Submission on Ngāi Tai ki Tāmaki Claims Settlement Bill 22/2/18 GB/2018/36

Open Report Te Akitai Waiohua – Treaty Settlement Redress Conf 19/4/18 GB/2018/69

Open Report Ngāti Paoa – Treaty settlement redress Conf 24/5/18

Open Report on Maungauika – transfer of administration 27/6/18 GB/2018/97

Q1

Q2

Q3

Q4

 

 


Governing Body

26 July 2018

 

 

Summary of Governing Body information memos and briefings - 26 July 2018

 

File No.: CP2018/00243

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive a summary and provide a public record of memos or briefing papers that may have been distributed to Governing Body members.

Whakarāpopototanga matua / Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memo-briefing or other means, where no decisions are required.

3.       The following memos/responses were circulated to members:

·    4/7/18 – Accountability Review of Council-Controlled Organisations

·    Auckland Tripartite Business Delegation to Los Angeles and Visit Report by Deputy Mayor Bill Cashmore, 22 – 25 May 2018

4.       This document can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top of the page, select meeting “Governing Body” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

5.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      receive the Summary of Governing Body information memos and briefings – 26 July 2018.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Memo - Accountability Review of Council-controlled Organisations

169

b

Deputy Mayors Report on Tripartite Business Delegation and Visit Report to Los Angeles, May 2018

185

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 July 2018

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

26 July 2018

 

 


 


 


 


 


 


 


 


 


 

     

 


Governing Body

26 July 2018

 

 

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

a)               

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:  City Rail Link: approval for change of project scope to provide additional future capacity (Covering report)

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

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

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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

In particular, the report contains costings and budgets which, if released, could damage City Rail Link Limited's ability to successfully conduct negotiations for the most important and valuable project contracts. 

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.