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Finance and
Performance Committee
21 August 2018
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Acknowledgement
Chairperson D Simpson acknowledged the
passing of Senior Governance Advisor Sandra Gordon’s mother on 14 August
2018, and that the funeral is being held today.
1 Apologies
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Resolution number FIN/2018/116
MOVED by Cr W Walker, seconded by Cr C Casey:
That the
Finance and Performance Committee:
a)
accept the apologies from Cr J Bartley and P Hulse for lateness, Cr S Stewart for lateness on
council business, Cr A Filipaina, Mayor P Goff, IMSB Member Terrence Hohneck and
Cr M Lee for absence, and Cr D Newman for absence on council business.
CARRIED
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2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
There was no local
board input.
7 Extraordinary
Business
There was no
extraordinary business.
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8
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Council-controlled Organisations - Approval
of 2018-2021 Statements of Intent
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Cr S
Stewart joined the meeting at 9.38am.
Cr J Watson joined the meeting at 9.46am.
Cr J Bartley joined the meeting at 9.51am.
Cr J Walker joined the meeting at 10.04am.
Cr E Collins left the meeting at 10.07am
Cr E Collins returned to the meeting at 10.25am.
IMSB Member D Taipari left the meeting at 10.07am
IMSB Member D Taipari returned to the meeting at 10.25am.
Cr P Hulse joined the meeting at 10.15am.
Cr P Hulse left the meeting at 10.17am
Cr P Hulse returned to the meeting at 10.23am.
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Note: changes to the original
motion were incorporated under clause b) and the addition of clause f), with
the agreement of the meeting.
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Resolution
number FIN/2018/118
MOVED by Deputy Chairperson D Simpson, seconded by Cr L
Cooper:
That the Finance and
Performance Committee:
a) approve
the statements of intent for Auckland Transport, Watercare Services Limited,
Auckland Tourism, Events and Economic Development Limited, Regional
Facilities Auckland and Panuku Development Auckland Limited for 2018-2021.
b) agree
that a letter be sent to Auckland Transport outlining the concerns of the
Finance and Performance Committee regarding Auckland Transport’s
statement of intent and that the content of this letter be agreed by the Mayor
and the Chair and Deputy Chair of the committee.
c) approve
the statements of intent for the Community Education Trust Auckland and the
Contemporary Art Foundation for 2018-2021.
d) note
that the statement of intent for the Māngere Mountain Education Trust
for 2018-2021 will be provided to this committee for its approval in October
2018.
e) note
that the Minister of Housing and Urban Development has approved an extension
of the deadline for the Tamaki Regeneration Company to submit its statement
of intent to Auckland Council and the Crown, using his power under the Crown
Entities Act 2004.
f) request
that staff undertake a review of the Statement of Intent process for
substantive Council-controlled Organisations.
CARRIED
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Note: Pursuant to
Standing Order 1.8.6 the following councillors requested that their
dissenting votes be recorded against the approval of the statement of intent
for Auckland Transport in clause a):
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Cr J Bartley
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Cr C Darby
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Cr C Fletcher
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Cr R Hills
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Cr G Sayers
·
Cr W Walker
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9
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Ports of Auckland Limited - proposed
shareholder feedback on the draft Statement of Corporate Intent
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Note: clause c) of
staff’s recommendations was removed with the agreement of the meeting.
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Resolution number FIN/2018/119
MOVED
by Deputy Chairperson D Simpson, seconded by IMSB Member D Taipari:
That the Finance and
Performance Committee:
a) approve
the shareholder feedback on the draft Statement of Corporate Intent
2018–2021 for Ports of Auckland Limited.
b) delegate
authority to the Mayor to:
i) finalise
a letter to Ports of Auckland Limited setting out the shareholder feedback on
the draft Statement of Corporate Intent 2018–2021 in line with the
direction set by today’s committee.
ii) approve
any minor amendments to the shareholder feedback, if required.
CARRIED
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10
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Land acquisition in North Takanini
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Resolution
number FIN/2018/120
MOVED by Cr C Fletcher, seconded by Cr G Sayers:
That the Finance and
Performance Committee:
a) note
the information contained in this report, on land acquisition in North
Takanini, enables transparency on the topic due for discussion in the public
excluded part of the meeting.
CARRIED
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12 Consideration
of Extraordinary Items
There were no
consideration extraordinary items.
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13 Procedural
motion to exclude the public
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Resolution
number FIN/2018/122
MOVED by Deputy Chairperson D Simpson,
seconded by Cr E Collins:
That the
Finance and Performance Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The
general subject of each matter to be considered while the public is excluded,
the reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This
resolution is made in reliance on section 48(1)(a) of the Local Government
Official Information and Meetings Act 1987 and the particular interest or
interests protected by section 6 or section 7 of that Act which would be
prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public, as follows:
C1 CONFIDENTIAL:
Land acquisition in North Takanini
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
s7(2)(i)
- The withholding of the information is necessary to enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
In
particular, the report contains commercially sensitive information relating
to land acquisition for stormwater purposes which could impact on the
council's position in negotiations. It is also considered legally
privileged due to the current court case Sabatier vs Auckland Council.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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The text of these resolutions was
made available to the public who were present at the meeting and formed part
of the minutes of the meeting.
CARRIED
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10.55am The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and are not publicly available.
11.14am The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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C1
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CONFIDENTIAL: Land acquisition in North
Takanini
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Resolution number FIN/2018/123
MOVED
by Cr L Cooper, seconded by Cr P Hulse:
That the Finance and Performance
Committee:
d) agree
that there be no restatement of the report, the attachments or the
resolutions until the transactions listed in clauses a) to c) have been
completed.
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11.14am The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Finance and Performance Committee
HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
