Komiti ā Pūtea, ā Mahi Hoki /
Finance and Performance Committee

 

OPEN MINUTES

 

 

Minutes of a meeting of the Finance and Performance Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Tuesday, 18 June 2019 at 9.34am.

 

present

 

Chairperson

Cr Ross Clow

 

Deputy Chairperson

Cr Desley Simpson, JP

 

Members

Cr Dr Cathy Casey

 

 

Deputy Mayor Cr Bill Cashmore

 

 

Cr Fa’anana Efeso Collins

Until 1.09pm, Item 11

 

Cr Linda Cooper, JP

Until 3.13pm, Item C2

 

Cr Chris Darby

From 10.19am, Item 8

 

Cr Alf Filipaina

 

 

Cr Hon Christine Fletcher, QSO

From 10.15am, Item 8

Until 1.09pm, Item 11

 

Mayor Hon Phil Goff, CNZM, JP

Until 2.53pm, Item C2

 

Cr Richard Hills

From 9.44am, Item 8

 

Cr Penny Hulse

Until 3.13pm, Item C2

 

Cr Daniel Newman, JP

From 10.30am, Item 8,

Until 1.09pm, Item 11

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

Cr Sir John Walker, KNZM, CBE

Until 11.43am, Item 8

 

Cr Wayne Walker

From 10.11am, Item 8

 

Cr John Watson

 

 

Cr Paul Young

From 9.36am, Item 2

 

ABSENT

 

Members

Cr Josephine Bartley

 

 

IMSB Member Terrence Hohneck

 

 

Cr Mike Lee

 

 

Cr Greg Sayers

 

 

ALSO PRESENT

 

 

Andrew Baker

Deputy Chairperson, Franklin Local Board

 

Margaret Miles

Chairperson, Upper Harbour Local Board

 

Lisa Whyte

Deputy Chairperson, Upper Harbour Local Board

 


Finance and Performance Committee

18 June 2019

 

 

 

1          Apologies

  

Resolution number FIN/2019/57

MOVED by Chairperson R Clow, seconded by Cr E Collins:  

That the Finance and Performance Committee:

a)         accept the apologies from Cr C Darby and Cr R Hills for lateness, on council business; Cr J Bartley on bereveament leave; and Cr M Lee, Cr G Sayers and IMSB Member Terrence Hohneck for absence.

CARRIED

Note:   An apology was subsequently received from Cr C Fletcher for lateness.

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

Cr Sir J Walker left the meeting at 9.35am

Cr P Young joined the meeting at 9.36am.

 

 

3          Confirmation of Minutes

 

Resolution number FIN/2019/58

MOVED by Chairperson R Clow, seconded by Deputy Chairperson D Simpson:  

That the Finance and Performance Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 21 May 2019, and the extraordinary minutes of its meeting held on Wednesday, 22 May 2019, as a true and correct record.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

Cr Sir J Walker returned to the meeting at 9.36am.

Cr J Watson joined the meeting at 9.36am.

 

 


 

 

6          Local Board Input

 

6.1

Local Board Input - Upper Harbour Local Board regarding a proposed disposal of 131 Clark Road, Hobsonville

 

Mrs Margaret Miles, Chairperson of the Upper Harbour Local Board and Mrs Lisa Whyte, Deputy Chairperson of the Upper Harbour Local Board spoke at Item 10 – Disposal recommendations report June 2019.

 

 

6.2

Local Board Input - Franklin Local Board regarding the Kia Puāwai/Unlock Pukekohe High Level Project Plan

 

Mr Andrew Baker, Deputy Chairperson of the Franklin Local Board spoke at Item 9 - Kia Puāwai/Unlock Pukekohe High Level Project Plan.

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8

Presentations from the Auckland Regional Amenities Funding Board

 

 

Vern Walsh, Chairperson; Anita Killen, Deputy Chair and Catherine Harland, Member of the Auckland Regional Amenities Funding Board were present for the item.

 

Matt Maling, NZ Opera Board member; Thomas de Mallet Burgess; General Manager – NZ Opera; Shona Roberts, Director – NZ Opera and Stefan Sinclair – NZ Opera presented on the organisation’s achievements.  A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Cr R Hills joined the meeting at 9.44am.
IMSB Chair D Taipari left the meeting at 9.52am.
Cr J Watson left the meeting at 9.55am.

 

Barbara Glaser – Chief Executive – Auckland Philharmonia Orchestra; Richard Ebbett – Auckland Philharmonia Orchestra Board Member; and Leigh Auton – Auckland Philharmonia Orchestra Board Member presented on the organisation’s achievements.  A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Cr J Watson returned to the meeting at 10.02am.
Cr W Walker joined the meeting at 10.11am.
Cr C Fletcher joined the meeting at 10.15am.
Cr P Hulse left the meeting at 10.16am.
Cr C Fletcher left the meeting at 10.16am.
Cr C Darby joined the meeting at 10.19am.

 

 

 

 

Anna Cameron, Auckland Theatre Company General Manager; Colin McColl, Auckland Theatre Company Artistic Director; and Natasha Pearce, Auckland Theatre Company Executive Administrator presented on the organisation’s achievements.

 

Cr A Filipaina left the meeting at 10.22am.

Cr D Newman joined the meeting at 10.30am.

Cr A Filipaina returned to the meeting at 10.37am.

IMSB Chair D Taipari returned to the meeting at 10.42am.

 

John Judge, Chair and Jonathan Bielski, Artistic Director – Auckland Arts Festival presented on the organisation’s achievements

 

Cr C Darby left the meeting at 11.00am.

Mayor P Goff left the meeting at 11.01am.

 

Davin Bray, Chief Executive – Drowning Prevention Auckland and Dr Denise Atkins -  Chairperson of Drowning Prevention Auckland Board, presented on the organisation’s achievements, including a video.

 

Cr C Darby returned to the meeting at 11.19am.

Mayor P Goff returned to the meeting at 11.22am.

 

Mark Newman, Chief Executive Officer – Auckland Rescue Helicopter Trust presented on the organisation’s achievements.  A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Cr C Fletcher returned to the meeting at 11.31am.

 

Note:   changes to the original motion were incorporated with the addition of clause b) with the agreement of the meeting.

 

 

Resolution number FIN/2019/59

MOVED by Chairperson R Clow, seconded by Mayor P Goff:  

That the Finance and Performance Committee:

a)      thank the representatives from Auckland Festival Trust, Auckland Philharmonia Orchestra, Auckland Rescue Helicopter Trust, Auckland Theatre Company, Drowning Prevention Auckland, New Zealand Opera for their attendance and the information provided.

b)      acknowledge the substantial contribution made by Vern Walsh as Chair of the Auckland Regional Amenities Funding Board over the last 11 years.

CARRIED

 

Attachments

a     18 June 2019, Finance and Performance Committee - Item 8 - Presentations from the Auckland Regional Amenities Funding Board - NZ Opera presentation

b     18 June 2019, Finance and Performance Committee - Item 8 - Presentations from the Auckland Regional Amenities Funding Board - Auckland Philharmonia Orchestra presentation

c    18 June 2019, Finance and Performance Committee - Item 8 - Presentations from the Auckland Regional Amenities Funding Board - Auckland Rescue Helicopter Trust presentation

 

 

The meeting adjourned at 11.43am and reconvened at 11.53am.

Cr C Darby, Cr R Hills, IMSB Chair D Taipari, Cr Sir J Walker and Cr J Watson were not present.

 

 

9

Kia Puāwai/Unlock Pukekohe High Level Project Plan

 

Mr Andrew Baker, Deputy Chairperson of the Franklin Local Board was present and spoke to the item.

 

Resolution number FIN/2019/60

MOVED by Cr C Fletcher, seconded by Cr A Filipaina:  

That the Finance and Performance Committee:

a)      receive and thank Franklin Local Board Deputy Chair, Andrew Baker for his presentation regarding the Kia Puāwai/Unlock Pukekohe High Level Project Plan.

CARRIED

 

Resolution number FIN/2019/61

MOVED by Deputy Mayor BC Cashmore, seconded by Chairperson R Clow:  

That the Finance and Performance Committee:

a)      approve the disposal of the following properties, subject to the conclusion of any required statutory processes, to enable delivery of the Kia Puāwai/Unlock Pukekohe High Level Project Plan objectives:

Panuku managed properties on behalf of Auckland Council:

i)       27 Tobin Street, Pukekohe being Lot 1 DP 134911, held in NA79C/588;

ii)      The land adjacent to 35 Tobin Street, Pukekohe being Lot 17 DP 117297 held in NA 66C/942;

iii)     172 Manukau Road, Pukekohe being Section 2 SO 440667 held in RT 599298;

iv)     174 Manukau Road, Pukekohe being Section 8 SO 440667 held in RT 599299;

v)      176 Manukau Road, Pukekohe being Section 6 and 9 SO 440667 held in RT 599300;

vi)     180 Manukau Road, Pukekohe being Section 4 SO 440667 held in 599301;

vii)    182 Manukau Road, Pukekohe being Section 11 SO 440667 held in 599297;

Auckland Transport managed properties on behalf of Auckland Council:

Subject to agreement with Auckland Transport on the transport and parking outcomes for the town centre for the properties listed viii)- xvi)

viii)   1 Roulston Street, Pukekohe being Lot 2 DP 70196 held in NA25D/1435;

ix)     3 Roulston Street, Pukekohe being Lot 18 DP 7997 held in NA199/173;

x)      29 and 29a Edinburgh Street, Pukekohe being Lot 3 DP 78584 held in NA 91D/796 and Lot 12 DP 7997 held in NA380/104;

xi)     4 Tobin Street, Pukekohe being lot 3,4 and 5 DP 136696 Pts Lot 12 DP 4216 held In NA80/405, NA80C/406, NA80C/407, NA191/285 and NA 188/159;

xii)    9 Tobin Street, Pukekohe being Lot 1-9 DP 54202, Pt Lot 1 DP 4688 and Pt Lot 24 DP 4216 held in NA8B/881, Lot 1 DP 89841 held in NA46D/1063 and Lot 3 DP 92280 held in NA48D/877;

 

 

 

 

xiii)   7 Massey Avenue, Pukekohe being Lot 1 DP 80851 held in NA37C/583, Pt Lot 2 DP 32793 held in NA51D/1059, Lot 1 DP 51778 held in NA48C/248 and Pt Lot 2 DP 6976 (also known as Pt Allotment 30 Suburban Section 2 Pukekohe Parish) held in NA1077/34;

xiv)   24 Hall Street, Pukekohe being Lot 2 DP 89699, Lot 2 DP 107822, Lot 21 DP 9934, Lot 3 DP 97270, Lot 3 DP 98490, Lot 20 DP 9934, Lot 3 DP 91272, Lot 2 DP 134717, Lot 4 DP 134717 held in NA46D/648, NA60A/686, NA351/111, NA53A/590, NA53C/1091, NA364/221, NA48B/958, NA79C/168, NA79C/170;

xv)    9 Hall Street, Pukekohe being Section 1 SO 489697 held in RT 717226;

xvi)   2 Golding Road, Pukekohe being Section 2 SO 476438 held in 682560;

Auckland Council managed properties:

Subject to completion of the reserve revocation process for properties listed xxi) to xxii).

xvii)  the land adjacent to 603 Buckland Road, Pukekohe being Lot 1 DP 55095 held in NA7B/54;

xviii) 42 Seddon Street, Pukekohe being Lot 3 DP 133175 held in NA76D/465;

xix)   22 Edinburgh Street, Pukekohe being Lot 2 DP 154963 held in NA92C/446;

xx)    The land adjacent to 176 Princess St West, Pukekohe being Section 1 SO 430835 held in RT 556921;

xxi)   The land adjacent to 995 Paerata Road, Pukekohe being Lot 6 DP 16500 held in NA425/287 (cancelled);

xxii)  67 East Street, Pukekohe being Lot 2 DP 88435 held in NA592/145 (cancelled).

b)      note that Panuku will also dispose of the following properties previously approved for disposal, to enable delivery of the Kia Puāwai/Unlock Pukekohe High Level Project Plan objectives:

i)       82 Manukau Road, Pukekohe being Lot 1 DP 99706 held in NA54B/1241;

ii)      17 Massey Avenue, Pukekohe being Lot 3 DP 49318 held in NA1984/70;

iii)     21 Massey Avenue, Pukekohe being Pt Lot 3 DP 30052 held in NA91D/796;

iv)     33 Edinburgh Street, Pukekohe being Lot 2 DP 48584 held in NA34C/957;

v)      The land adjacent to 1173 Paerata Road, Pukekohe being Parts Allotment 79 Parish of Karaka held in NA767/242 and NA 38A/69.

c)      agree that final terms and conditions be approved under the appropriate delegations.

CARRIED

 

 

Cr C Darby returned to the meeting at 11.57am.

Cr R Hills returned to the meeting at 11.57am.

 


 

 

10

Disposal recommendations report June 2019

 

Mrs Margaret Miles, Chairperson of the Upper Harbour Local Board and Mrs Lisa Whyte, Deputy Chairperson of the Upper Harbour Local Board were present and spoke to the item.  A PowerPoint presentation was given and a video was shown.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

IMSB Chair D Taipari returned to the meeting at 12.02pm.
Cr J Watson returned to the meeting at 12.02pm,
Cr P Hulse returned to the meeting at 12.11pm.

 

Resolution number FIN/2019/62

MOVED by Cr W Walker, seconded by Cr J Watson:  

That the Finance and Performance Committee:

a)      receive and thank Upper Harbour Local Board Chair, Margaret Miles and Upper Harbour Local Board Deputy Chair for their presentation regarding a proposed disposal of 131 Clark Road, Hobsonville.

CARRIED

 

 

 

MOVED by Chairperson R Clow, seconded by Deputy Mayor BC Cashmore:  

That the Finance and Performance Committee:

a)      approve subject to the satisfactory conclusion of any required statutory processes the disposal of:

i)        approximately 5,500m2 of 131 Clark Road, Hobsonville (subject to survey), comprised of an estate in fee simple being Lot 1 DP 84756 and Lot 14 DP 66174 contained in computer freehold register NA41A/850;

ii)       275 St Johns Road, St Johns comprised of an estate in fee simple being Lot 1 DP 51549 contained in computer freehold register NA88C/69; and

iii)      approximately 681m2 of 303 Te Irirangi Drive, Clover Park (subject to survey), comprised of an estate in fee simple being Section 6 SO 70224 contained in computer freehold register 47990.

b)      agree that final terms and conditions be approved under the appropriate delegations.

 

 

 

MOVED by Cr J Watson, seconded by Cr W Walker:   as an amendment by way of replacement to clause a)

That the Finance and Performance Committee:

a)      approve subject to the satisfactory conclusion of any required statutory processes the disposal of:

i)        approximately 5,500m2 of 131 Clark Road, Hobsonville (subject to survey), comprised of an estate in fee simple being Lot 1 DP 84756 and Lot 14 DP 66174 contained in computer freehold register NA41A/850; and

ii)       allocate the proceeds of sale of 131 Clark Road, Hobsonville, to the completion of stage 1 of the Scott Point Sustainable Sports Park.

LOST

 

The substantive motion was put.

 

Resolution number FIN/2019/63

MOVED by Chairperson R Clow, seconded by Deputy Mayor BC Cashmore:  

That the Finance and Performance Committee:

a)      approve subject to the satisfactory conclusion of any required statutory processes the disposal of:

i)       approximately 5,500m2 of 131 Clark Road, Hobsonville (subject to survey), comprised of an estate in fee simple being Lot 1 DP 84756 and Lot 14 DP 66174 contained in computer freehold register NA41A/850;

ii)      275 St Johns Road, St Johns comprised of an estate in fee simple being Lot 1 DP 51549 contained in computer freehold register NA88C/69; and

iii)     approximately 681m2 of 303 Te Irirangi Drive, Clover Park (subject to survey), comprised of an estate in fee simple being Section 6 SO 70224 contained in computer freehold register 47990.

b)      agree that final terms and conditions be approved under the appropriate delegations.

CARRIED

 

Note:   Pursuant to Standing Order 1.8.6, the following councillors requested that their dissenting votes be recorded as follows:

·         Cr W Walker

·         Cr J Watson

 

Attachments

a     18 June 2019, Finance and Performance Committee - Item 10, Disposal recommendations report June 2019 - Upper Harbour Local Board PowerPoint presentation

 

 

11

Proposed land disposal of part of 2-4 and 6 Henderson Valley Road, Henderson

 

Resolution number FIN/2019/64

MOVED by Cr L Cooper, seconded by Cr P Hulse:  

That the Finance and Performance Committee:

a)      approve, subject to the satisfactory conclusion of any required statutory processes the disposal of:

i)       approximately 458m2 of land known as the Waitakere Plaza located at 2-4 and 6 Henderson Valley Road, Henderson (part Lot 2 Deposited Plan 370255);

ii)      the airspace above approximately 2067m2 of the Henderson station platform airspace located at 6 Henderson Valley Road, Henderson (part Lot 2 Deposited Plan 370255);

b)      agree that final terms and conditions be approved under the appropriate delegations.

CARRIED

 

 

The meeting adjourned at 1.09pm and reconvened at 1.46pm.

Cr E Collins, Cr C Fletcher, Mayor P Goff, Cr P Hulse and Cr D Newman were not present.

 

 

Note:   The chairperson accorded precedence to Item 13 – Summary of Finance and Performance Committee information memorandum and briefings – 18 June 2019.

 

 

13

Summary of Finance and Performance Committee information memorandum and briefings - 18 June 2019

 

Resolution number FIN/2019/65

MOVED by Chairperson R Clow, seconded by Deputy Mayor BC Cashmore:  

That the Finance and Performance Committee:

a)      note the progress on the forward work programme

b)      receive the Summary of Finance and Performance Committee information memorandum and briefings – 21 May 2019.

CARRIED

 

 

12

Update on the independent assessment of expenditure incurred by Auckland Council to deliver Māori outcomes

 

Mayor P Goff returned to the meeting at 1.50pm.
Cr P Hulse returned to the meeting at 1.50pm.

Note:   changes to the original motion were incorporated under clause b) with the agreement of the meeting.

 

Resolution number FIN/2019/66

MOVED by Deputy Chairperson D Simpson, seconded by IMSB Chair D Taipari:  

That the Finance and Performance Committee:

a)      note the progress of council’s response to the assessment

b)      note that a final report will be provided to the Finance and Performance Committee, or its equivalent, in December 2019, detailing the outcomes against the budgeted spend.

CARRIED

  

 

Note:   Item 13 - Item 13 – Summary of Finance and Performance Committee information memorandum and briefings – 18 June 2019 was considered prior to Item 12 - Update on the independent assessment of expenditure incurred by Auckland Council to deliver Māori outcomes.

 

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 


 

 


15        Procedural motion to exclude the public

Resolution number FIN/2019/67

MOVED by Chairperson R Clow, seconded by Deputy Chairperson D Simpson:  

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       Insurance Renewal - Indicative Council Group Programme for 2019/2020 Period

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains details of the proposed insurance strategy, policies and programme for which terms and costings are being sought from and negotiated with the insurance market.

s48(1)(a)

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

 

C2       ATEED shareholder approval for a major transaction

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

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 commercial information that is subject to negotiation and could impact ATEED and Council's negotiating position, particularly in regards to the negotiation of lease arrangements with third parties.  In addition, information contained in this report was provided by a third party and the disclosure of this information could prejudice its commercial position.

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.

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

 

 

2.00pm            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.

 

3.17pm            The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

C1

Insurance Renewal - Indicative Council Group Programme for 2019/2020 Period

 

Resolution number FIN/2019/68

MOVED by Chairperson R Clow, seconded by Deputy Chairperson D Simpson:  

That the Finance and Performance Committee:

a)      note the proposed council group insurance programme was considered by the Audit and Risk Committee on 5 June 2019 and referred to this committee for approval;

b)      approve the proposed programme for the 2019/2020 year;

c)      delegate final placement of insurance policies to the Chair of the Finance and Performance Committee, and the Group Chief Financial Officer by 30 June 2019; and

d)      agree that the decisions to be transferred to the open minutes, but the report and attachments remain confidential.

 

 

C2

ATEED shareholder approval for a major transaction

 

Resolution number FIN/2019/69

MOVED by Cr P Hulse, seconded by Chairperson R Clow:  

That the Finance and Performance Committee:

g)         confirm that the resolutions and report remain confidential until reasons for confidentiality no longer exist.

  

 

 

 

 

3.17pm                                               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:........................................................