I hereby give notice that an ordinary
meeting of the Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 28
February 2019
9.30am
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Hon Phil Goff, CNZM, JP
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Deputy Mayor
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Deputy Mayor Cr Bill Cashmore
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Councillors
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Cr Josephine Bartley
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Cr Mike Lee
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Cr Dr Cathy Casey
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Cr Daniel Newman, JP
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Cr Ross Clow
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Cr Greg Sayers
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Cr Fa’anana Efeso Collins
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Cr Desley Simpson, JP
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Cr Linda Cooper, JP
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Cr Sharon Stewart, QSM
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Cr Chris Darby
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Cr Sir John Walker, KNZM, CBE
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Cr Alf Filipaina
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Cr Wayne Walker
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Cr Hon Christine Fletcher, QSO
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Cr John Watson
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Cr Richard Hills
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Cr Paul Young
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Cr Penny Hulse
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(Quorum 11 members)
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Sarndra O'Toole
Team Leader Governance Advisors
21 February 2019
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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.
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Governing Body
28 February
2019
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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
8 Extraordinary
Business 8
9 Auckland
Council Top Risk Register - February 2019 9
10 Auckland Council Policy on
Dogs and Dog Management Bylaw Statement of Proposal referred from the
Regulatory Committee 23
11 Request to ban the public
sale of fireworks 139
12 Nomination to Zoological
Park Animal Ethics Committee 153
13 Referred from the Audit
and Risk Committee - Health and Safety Performance Report - Quarter Two
Financial Year 2018/19 157
14 Summary of Governing Body
information memorandum and briefings - 28 February 2019 165
15 Consideration
of Extraordinary Items
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
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That the Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 13 December 2018 and the
extraordinary minutes of its meeting, held on Wednesday, 13 February 2019, as
a true and correct record.
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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.
At the close of
the agenda no requests for local board input had been received.
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.”
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Governing Body
28 February
2019
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Auckland
Council Top Risk Register - February 2019
File No.: CP2019/00053
Te take mō te
pūrongo
Purpose of the report
1. To
refer the Auckland Council Top Risk Register and risk heat map from the Audit
and Risk Committee to the Governing Body for noting.
Whakarāpopototanga matua
Executive summary
2. On
13 September 2018, the Audit and Risk Committee resolved to refer Auckland
Council’s quarterly Top Risk Register (Attachment A) and risk heat
map (Attachment B) to the Governing Body (Resolution AUD/2018/69).
3. The
Top Risk Register is reported to the Audit and Risk Committee every quarter for
consideration and endorsement as part of a risk update report. As an open
agenda item, it is available to all elected members and the public.
4. The
Top Risk Register comprises of 11 top risks, of which there
are six ‘high’ and five ‘moderate’ rated risks. The
council’s top risk register has been included within
this report as Attachment A and a residual risk heat map is included as
Attachment B.
5. The top risk themes in the current register are:
a) Health, safety and
wellbeing
b) Cyber security
c) Climate change
readiness and response
d) Crown reforms
e) Fit for purpose
infrastructure and community assets
f) Significant
internal and external disruptions
g) Service delivery
h) Water quality and
supply
i) Programme and
project management
j) Consent
processing
k) Theft, fraud and
corruption.
6. Since
the last update to the Governing Body in October 2018, no additional risks have
been identified and there are no changes to the risk ratings. However, a
number of changes have been made to the risk descriptions, causes, controls and
rationales.
7. Council’s
top risks are subject to ‘deep dives’ by the Risk team on a
rotational basis to provide assurance to the Executive Leadership Team and the
Audit and Risk Committee that risks are being effectively managed and controls
are operating as intended.
8. At the Governing Body meeting on 25 October 2018, the reasonableness
of the ‘moderate’ residual risk rating for the ‘climate
change readiness and response’ was raised. We acknowledge that this
is one of the key risks facing council in the medium to long term.
9. We are currently assessing this risk through our deep dive process,
expected to be completed by the second half of the year. The results of
the deep dive review will inform the overall risk assessment of the
‘climate change readiness and response’. Specifically, we are
engaging with key subject matter experts within council to get a better
understanding of:
· Council’s climate-related risks (and opportunities)
· the different drivers (and consequences) of physical climate impacts
· technology,
policy, legal and regulatory requirements
· council’s
understanding/strategy for climate change mitigation and adaptation
· role
of stress testing and scenario analysis in strategic governance, planning and
risk management
· climate
change risks/exposures to council’s assets
· governance
and oversight mechanisms for council’s climate change programme of work.
10. The Risk and
Insurance Update paper presented to the Audit and Risk Committee on 26 February
2019, contains additional commentary and updates about risk matters. This
is available on the Auckland Council website and elected members hub.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the February 2019 Auckland Council top risk register and top risk heat map
contained in Attachment A and Attachment B of the agenda report.
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Council's Top Risk Register
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11
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b⇩
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Council's Top Risks - Residual Risks Heat Map
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21
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Ngā kaihaina
Signatories
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Author
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Shivali Kukreja - Principal Advisor Risk
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Authorisers
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Cecilia Tse – Chief Risk Officer
Dani Gardiner - General Counsel
Stephen Town - Chief Executive
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Governing Body
28/02/2019
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Governing Body
28 February
2019
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Governing Body
28/02/2019
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Governing Body
28 February
2019
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Governing Body
28/02/2019
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Auckland Council Policy on Dogs and Dog Management
Bylaw Statement of Proposal referred from the Regulatory Committee
File No.: CP2019/01471
Te take mō te
pūrongo
Purpose of the report
1. To
receive the recommendation from the Regulatory Committee and adopt the
statement of proposal.
Whakarāpopototanga matua
Executive summary
2. At
its meeting of 14 February 2019, the Regulatory Committee considered the
attached report and resolved as follows:
Resolution number REG/2019/1
MOVED by Deputy Chairperson BC Cashmore, seconded by IMSB
Chair D Taipari:
That the Regulatory Committee:
a) recommend that the Governing Body adopt the statement of proposal in
Attachment A of the agenda report for public consultation and confirms that the
draft bylaw:
i) is the most appropriate
and proportionate way to implement aspects of the policy
ii) is not inconsistent with the
New Zealand Bill of Rights Act 1990.
b) recommend
that the Governing Body forwards to local boards and advisory panels:
i) the statement of proposal
in Attachment A of the agenda report for their views
ii) this agenda report and
attachments for their information.
c) appoint
a minimum of three panel members, including a chair Cr Cooper and Cr
Casey, Cr Wayne Walker , from councillors and the Independent Maori Statutory
Board Member Glenn Wilcox to:
i) attend
‘Have Your Say’ events
ii) deliberate
and make recommendations to the Governing Body based on public feedback on the
statement of proposal in Attachment A of the agenda report.
d) delegate
authority to the chair of the Regulatory Committee to make replacement
appointments to the panel if a member of the panel is unavailable.
e) delegate
authority through the chief executive to staff approved by a manager
responsible for bylaws to receive public feedback at ‘Have
Your Say’ events.
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 the Governing Body.
g) rescind
the previous direction to “apply dog access rules that protect wildlife
in Mahurangi Regional Park to allow dogs under control on-leash on Mita Bay
Loop Track and prohibited from Cudlip Point Loop Track, and that a dog-friendly
campground be created” [REG/2018/79] and instead retain the status-quo
rules for the Mahurangi Regional Park.
h) agree
that the statement of proposal be amended to include an
option outlining the ability for local boards to determine the time and season
provisions for their local board areas.
3. The
original report only to the 14 February 2019 Regulatory Committee is appended
at Attachment A.
4. The
Regulatory Committee requested changes to the Statement of Proposal prior to it
being presented to the Governing Body. Those changes have been made and
an amended Statement of Proposal with changes highlighted is appended at
Attachment B.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) adopt the statement of proposal in Attachment B of the agenda
report for public consultation and confirms that the draft bylaw:
i) is
the most appropriate and proportionate way to implement aspects of the policy
ii) is not
inconsistent with the New Zealand Bill of Rights Act 1990.
b) forward
to local boards and advisory panels:
i) the
statement of proposal in Attachment B of the agenda
report for their views
ii) this
agenda report and attachments for their information.
c) note
delegated authority to the chair of the Regulatory Committee to make
replacement appointments to the panel if a member of the panel is
unavailable.
d) note
delegated authority through the chief executive to staff approved by a manager responsible
for bylaws to receive public feedback at ‘Have
Your Say’ events.
e) note
delegated authority through the chief executive to a
manager responsible for bylaws to make any amendments to the statement of
proposal in Attachment B of the agenda report to correct errors, omissions or to reflect decisions made by the
Regulatory Committee or the Governing Body.
f) note
the Regulatory Committee’s agreement that the statement of proposal be amended to include an option
outlining the ability for local boards to determine the time and season provisions
for their local board areas.
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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14 February 2018 - Original Agenda Report to the
Regulatory Committee
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25
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b⇩
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Amended Statement of Proposal with changes highlighted
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33
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Ngā kaihaina
Signatories
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Authors
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Sarndra O'Toole - Team Leader Governance Advisors
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Authorisers
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Stephen Town - Chief Executive
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Request to ban the public sale of
fireworks
File No.: CP2019/01483
Te take mō te
pūrongo
Purpose of the report
1. To approve that a request can be sent to the New Zealand
Government to introduce legislation to ban the sale of fireworks to the general
public and end their private use.
Whakarāpopototanga matua
Executive summary
2. On
22 February 2018, in response to a Notice of Motion (Attachment A) the
Governing approved a resolution to:
“request
the New Zealand Government to introduce legislation to ban the sale of
fireworks to the general public and end their private use following public
feedback on the issue as part of the consultation on the review of the Public
Safety and Nuisance Bylaw scheduled for August 2018.” (resolution
GB/2018/34).
3. Consultation
on the review of the Public Safety and Nuisance Bylaw took place from 26
October to 5 December 2018. This included public consultation on the resolution
as directed.
4. Feedback
on the resolution showed 7,041 in support and 841 opposed.
5. Key
views are summarised in Attachment B. All feedback is available on request.
6. The
public consultation element of this resolution is now completed.
7. The
next step is to make the request to the Government. Staff will notify people
who gave feedback of the decision and make a media release.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
that public feedback has been completed to implement resolution GB/2018/34.
b) approve that as the public consultation element of this
resolution is now completed, a request can now be
sent to the New Zealand Government ‘to introduce legislation to ban the
sale of fireworks to the general public and end their private use’
completing the implementation of the governing body decision on 22 February
2018 (GB/2018/34).
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Notice of Motion
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141
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b⇩ 
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Summary of public feedback
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145
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Ngā kaihaina
Signatories
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Author
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Pania Elliot - Principal Policy Analyst
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Authorisers
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Kataraina Maki - GM - Community & Social Policy
Stephen Town - Chief Executive
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Governing Body
28 February
2019
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Nomination to Zoological Park Animal
Ethics Committee
File No.: CP2019/00334
Te take mō te pūrongo
Purpose of the report
1. To
make a nomination to the Zoological Park Animal Ethics Committee.
Whakarāpopototanga matua
Executive summary
2. Auckland
Zoo is seeking a nomination from the Auckland Council for a member of its
Animal Ethics Committee. All animal ethics committees must have a lay
person nominated by a council. On receiving the nomination, the Auckland Zoo
will make the appointment.
3. The
term will be for three years.
4. The
current lay person is Bill Burrill. A letter from Auckland Zoo states
that Bill’s contribution is valued and that he is willing to be
re-nominated.
5. The
opportunity to forward alternative suggestions was emailed to councillors but
no alternative suggestions have been made.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) re-nominate
Bill Burrill to be a member of the Auckland Zoo Animal Ethics Committee for a
further term of three years.
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Horopaki
Context
6. The
Animal Welfare Act 1999 requires any organisation conducting research with
animals to establish an animal ethics committee. An animal ethics
committee consists of senior staff of the organisation conducting the research,
a veterinarian, a member appointed by an organisation such as the SPCA and a
member appointed by the research organisation on the nomination of a
territorial authority or regional council. The member nominated by a
council must essentially be a lay-person. A lay person is a person who is
not “associated with the scientific community or an animal welfare
agency”.
7. Auckland
Council receives requests for such nominees from the Zoological Park, Auckland
University and Living Cells Technology. These animal ethics committees
are statutory requirements and are not CCOs. Staff report the nomination
requests to the Governing Body.
8. A
member of the Zoo animal ethics committee is expected to:
i) review
applications for conducting research (reviews will not usually be assigned to
the same members every month but may involve one or two reviews in a given
month)
ii) attend
the committee meeting three times annually to discuss these applications
(usually a Wednesday evening for a duration of approximately one-two hours)
iii) take
part in formal monitoring of approved protocols on an occasional basis which
may involve attending site visits (approximately 12 hours per year) to animal
holding facilities
iv) review
approved applications in conjunction with another member of the committee (up
to two hours per review excluding preparation and travel time, with two to
three reviews per member per year).
9. Members
are provided with a 12-month family pass to the Auckland Zoo by way of
acknowledgement for their contributions to the committee.
Tātaritanga me ngā
tohutohu
Analysis and advice
10. The
current member previously nominated by Auckland Council is Bill Burrill. Mr
Burrill graduated in agricultural science from Massey University in 1962 and
was a farmer until his retirement in 2015.
11. He
was elected to the Auckland Regional Council in October 1992, serving six terms
before retiring in 2010. He was chair of the council’s parks committee
for nine years and chair of its finance committee for three years. His
community involvement has included being chair of Friends of Regional Parks and
chair of the Friends of the Auckland Botanic Gardens. He is currently Patron of
friends of Regional Parks and a committee member at the Botanic Gardens.
12. He
was first appointed to the Zoo animal ethics committee in 2011 and is happy to
continue this work.
13. The
convenor of the committee, Richard Jakob-Hoff, has written to the Chief
Executive to state that Bill continues to make a valued contribution to the
committee. The letter asks if the council is happy to re-nominate him for a
further three years.
14. Staff sent an
email to all governing body members inviting suggestions for alternative
nominations. None have been received and so this report is recommending
the re-nomination of Bill Burrill.
15. The term of appointment
is three years and the next meeting of the committee is on 8 May 2019.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
16. The Auckland
Zoo is operated by Regional Facilities Auckland, part of the Council group. The
governing body decision supports the Zoo with complying with the statutory
requirements for animal ethics committees.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
17. The Auckland
Zoo is a regional facility. Local board views have not been sought on a
nomination.
Tauākī whakaaweawe
Māori
Māori impact statement
18. An
application to use native animals must receive Department of Conservation
approval, which includes consultation with Māori.
Ngā ritenga
ā-pūtea
Financial implications
19. There are no
financial implications to making a nomination.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
20. A risk arises
for Auckland Zoo if a nomination is not made. If its ethics committee
does not comply with the legal requirement to have a member nominated by the
council, its research programme could be affected.
Ngā koringa ā-muri
Next steps
21. The Governing
Body’s nomination will be forwarded to Auckland Zoo. Auckland
Council has no further involvement until re-nomination is required.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Warwick McNaughton - Principal Advisor - Democracy
Services
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Authorisers
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Marguerite Delbet - General Manager Democracy Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
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Governing Body
28 February
2019
|
|
Referred from the Audit and Risk
Committee - Health and Safety Performance Report - Quarter Two Financial Year 2018/19
File No.: CP2019/01514
Te take mō te
pūrongo
Purpose of the report
1. To
receive the Health and Safety Performance Report referred by the Audit and Risk
Committee.
Whakarāpopototanga matua
Executive summary
2. The
Audit and Risk Committee will receive the Health and Safety Performance Report
- Quarter Two Financial Year 2018/19 at its meeting on 26 February 2019.
3. The
recommendations to the Audit and Risk Committee are as follows:
“That the Governing Body:
a) refer
this report to the Governing Body and draw the attention of elected members to
their duties under the Health and Safety at Work Act 2015
b) note
that this report will be provided to all local boards for their
information.”
4. Clause
a) of the recommendation 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.
5. Any
resolution passed by the Audit and Risk Committee will be tabled at the
Governing Body meeting on 28 February 2019.
6. The
Health and Safety Performance Report – Quarter Two Financial Year 2018/19
that is attached to the Audit and Risk Committee agenda is appended as
Attachment A to this report.
|
Ngā tūtohunga
Recommendation/s
The recommendations referred
from the Audit and Risk Committee meeting on 26 February 2019 will be tabled
at the Governing Body meeting.
|
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
|
Original Quartlerly Health and Safety Performance
Report to the 26 February 2019 Audit and Risk Committee
|
159
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Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Team Leader Governance Advisors
|
|
Authoriser
|
Stephen Town - Chief Executive
|
|
Governing Body
28 February
2019
|
|
|
Governing Body
28 February
2019
|
|
Summary of Governing Body information
memorandum and briefings - 28 February 2019
File No.: CP2019/00374
Te take mō te
pūrongo
Purpose of the report
1. To
note the progress on the forward work programme (Attachment A).
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. No
workshops/briefings for the Governing Body have taken place between 13 December
2018 and 22 February 2019:
4. 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.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the progress on the forward work programme.
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Forward Work Programme
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167
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Ngā kaihaina
Signatories
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Author
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Sarndra O'Toole - Team Leader Governance Advisors
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Authoriser
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Stephen Town - Chief Executive
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Governing Body
28 February
2019
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TIRA KĀWANA /
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
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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.
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Lead
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Area of work
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Reason for work
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Governing Body role
(decision or direction)
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Budget/ Funding
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Expected timeframes
Highlight financial year quarter and state month if
known
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FY18/19
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FY19/20
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Jan-Mar
28 Feb
28 Mar
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Apr-Jun
2 May
30 May
27 Jun
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Jul-Sep
25 Jul
22 Aug
26 Sep
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Oct-Dec
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Chief Financial Office
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Annual Budget 2019/2020 (Annual Plan)
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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.
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Adopt consultation document and supporting
material
Approve Annual Budget
Progress to Date:
Public Consultation 13/12/18 GB/2018/205
Adoption of consultation material 13/2/19 GB/2019/2 & GB/2019/3
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Q3
(Feb)
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Q4
(Jun)
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Q1
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Q2
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Chief Operating Office
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Americas Cup 2021
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Location, infrastructure and funding
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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
Workshop – 6/12/18
Report and decision on additinal funding 6/12/18
GB/2018/199
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Q3
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Q4
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Q1
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Q2
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Chief Executive’s Performance Objectives
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The Appointments, Performance Review and Value for
Money Committee has the delegation to set performance objectives.
The Governing Body must then consider the
recommendations and make a decision.
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Approve performance objectives.
Progress to Date:
Recommendations considered 22/11/18 in
confidential, open decision GB/2018/193
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Q3
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Q4
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Q1
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Q2
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City Rail Link
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Construction of the City Rail Link in the central city
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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
Report confirming role of Audit and Risk
Committee 25/10/18 GB/2018/175
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Q3
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Q4
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Q1
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Q2
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Chief Financial Office
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Annual Report
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Statutory requirement
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Adopt Annual Report
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Q3
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Q4
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Q1
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Q2
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Governance
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Review of Code of Conduct
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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
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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 – 15/3/18
Workshop – 26/11/18
Report 13/12/18 and deferral GB/2018/209
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Q3
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Q4
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Q1
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Q2
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Mayoral Office
Governance
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Terms of Reference
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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.
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Adopt the Terms of Reference
Adopt changes to Terms of Reference
Progress to Date:
Amend due of disestablishment of ACIL and two
committee amendments 26/7/18 GB/2018/115
Amend to add Cr Paul Young to Committee’s
22/11/18 GB/2018/190
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Q3
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Q4
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Q1
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Q2
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Governance
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Accountability Review of council-controlled
organisations
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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
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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
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Within timelines and budgets
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Q3
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Q4
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Q1
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Q2
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Governance
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Independent Māori Statutory Board funding
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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)
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Approve 2019/2020 funding agreement
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Q3
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Q4
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Q1
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Q2
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Co-governance
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Tūpuna Maunga o Tāmaki Makaurau Operations
Plan
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Section 60 of
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna
Maunga Authority) and Auckland Council to annually agree an operational plan
as part of the annual or long-term plan process.
This requires
the council to consult on a summary of the Draft Tūpuna Maunga o
Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).
The
Governing Body is also required to adopt the final plan.
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Adopt Operational Plan and summary
Progress to Date:
Report to approve draft 13/12/18 GB/2018/204
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Q3
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Q4
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Q1
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Q2
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People and Performance
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Health, Safety and Wellbeing
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The
Governing Body has the role of the person or organisation conducting a
business or undertaking.
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Receive the quarterly Health, Safety and Wellbeing Report
Progress to Date:
August 2018 report received GB/2018/147
December 2019 report received GB/2018/203
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Q3
Mar
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Q4
Jun
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Q1
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Q2
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Social Policy and Bylaws
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Public Safety and Nuisance Bylaw Review
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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”.
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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.
Progress to Date:
Report to Approve the statement of proposal
27/9/18 GB/2018/148
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Social Policy and Bylaws
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Dog management Bylaw and Policy on Dogs
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Legislative requirement to review the bylaw and policy
after five years.
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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.
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Social Policy and Bylaws
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Solid Waste Bylaw Review
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Legislative requirement to review the bylaw and policy
after five years.
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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.
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Social Policy and Bylaws
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Signage Bylaw
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Legislative requirement to review the bylaw and policy
after five years.
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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.
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Social Policy and Bylaws
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Alcohol Control Bylaw Review
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Legislative requirement to review the bylaw and policy
after five years.
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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.
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Social Policy and Bylaws
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Freedom Camping
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Explore the need for and options for regulating freedom
camping in Auckland
Regulatory response may be
required following completion of research and pilot
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If regulatory response required:
Approve statement of proposal
Make the bylaw
Progress to Date:
Approve the statement of proposal 22/11/18 GB/2018/188
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Review is within current
baselines.
Funding proposals will be
required for any recommendations that require capital or operational
upgrades.
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Q3
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Q4
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Q1
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Q2
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Mayoral Office
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Mayoral Housing Taskforce Steering Group
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Oversee the progress and implementation of the June
2017 Mayoral Housing Taskforce report.
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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
Progress report 25/10/18 GB/2018/172
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Q3
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Q4
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Q1
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Q2
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Governance
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Auckland Council Top Risk Register
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The Audit and Risk
Committee will refer the risk register to the Governing Body every quarter.
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Note the top risk register and risk heat map
Receive quarterly reports
Progress to Date:
September 2018 report 25/10/18 GB/2018/173
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Q3
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Q4
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Q1
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Q2
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Governance
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Te Tiriti o Waitangi / Treaty of Waitangi
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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.
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Approve submissions to the Crown as and when required
Approve establishment and on-going
implementation of co-management and other governance arrangements
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Q3
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Q4
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Q1
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Q2
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Governance
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Advisory Panels
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The Governing Body appoints members to advisory
panels, as required.
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Approve appointments to advisory panels
Progress to Date:
Replacement members appointed to
Youth Advisory Panel open process report 25/10/18 GB/2018/177 decision made in confidential
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Within current baselines.
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Q3
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Q4
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Q1
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Q2
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Governance
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2019 Local Government New Zealand Conference and
Annual General Meeting
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The Governing Body sends representatives to the
conference and as delegates to the Annual General Meeting
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Appoint presiding delegate to Annual General
Meeting
Appoint three other delegates to Annual General
Meeting
Approve councillors to attend conference
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Q3
28 Mar
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Q4
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Q1
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Q2
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COMPLETED
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Governance
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2018 Local Government New Zealand Conference and
Annual General Meeting
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The Governing Body sends representatives to the
conference and as delegates to the Annual General Meeting
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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
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Q3
FY17/18
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Q4
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Q1
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Q2
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People and Performance
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Remuneration Policy
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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.
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Approve the change to the policy.
Progress to Date:
Report considered 22/3/18
Approved 22/3/18 GB/2018/42
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Q3
FY17/18
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Q4
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Q1
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Q2
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Chief Planning Office
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Auckland Plan Refresh
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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.
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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
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Q3
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Q4
FY17/18
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Q1
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Q2
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Chief Financial Office
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Long-term Plan 2018-2028
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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
·
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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 report 28/6/18 GB/2018/108
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Q3
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Q4
FY17/18
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Q1
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Q2
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Chief Financial Office
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Regional Fuel Tax Proposal
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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.
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Approve a Regional Fuel Tax for Auckland
Progress to Date:
Approved 31/5/18 GB/2018/90
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Q3
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Q4
FY17/18
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Q1
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Q2
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Governance
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Advisory Panels
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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
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Q1
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Q2
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Q3
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Q4
|
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People and Performance
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Chief Executive’s Employment Review Process
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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.
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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
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Q3
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Q4
FY17/18
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Q1
|
Q2
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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
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Q3
|
Q4
FY17/18
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Q1
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Q2
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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
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Q1
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Q2
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Q3
|
Q4
|
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Chief Financial Office
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Annual Report
|
Statutory requirement
|
Adopt Annual Report
Progress to Date:
Adoption 27/9/18 GB/2018/153
|
Q1
27 Sep
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Q2
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Q3
|
Q4
|
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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
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Q1
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Q2
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Q3
|
Q4
|
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People and Performance
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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 2018 report received GB/2018/55
June 2018 report received GB/2018/119
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Q1
Sep
|
Q2
Dec
|
Q3
Mar
|
Q4
Jun
|
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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
|
Q1
|
Q2
|
Q3
|
Q4
|
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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
rogress to Date:
Report and approval of process 14/12/17 GB/2017/175
Workshop – 16 October 2018
Recommendations report 18/10/18 and decision GB/2018/157-165
|
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 26/7/18 GB/12018/121
Hearings
Panel report 25/10/18 and decision GB/2018/174
Within current baselines.
|
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
Workshop
– 15/10/18
Report for consultation 18/10/18 GB/2018/166
Stakeholder
Submissions Workshop – 23/11/18
Feedback
Session – 28/11/18
Workshops –
29/11/18 and 6/12/18
Report on feedback and adoption 13/12/18 GB/2018/206
|
Q1
|
Q2
(13 Dec)
|
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 26/7/18 GB/2018/120
Hearings Panel Report and confirm the bylaw
22/11/18 GB/2018/187
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Q1
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Q2
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Q3
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Q4
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