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Resolution
number AUD/2019/57
MOVED by Chairperson S Sheldon, seconded by
Deputy Chairperson Cr BC Cashmore:
That the
Audit and Risk Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Greg Schollum, Deputy Auditor-General, Office of the Auditor-General, Jo
Smaill, Audit Director, Audit New Zealand, Sarah Markley, Sector Manager
– Local Government, Office of the Auditor-General and Athol Graham,
Audit Director, Audit New Zealand be permitted to remain for all of the Confidential
items after the public has been excluded, because of their knowledge of
matters which will help the Audit and Risk Committee in its decision-making.
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 Council-controlled
organisations' financial and quarterly risk updates
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(c)(i)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment,
where the making available of the information would be likely to prejudice the
supply of similar information or information from the same source and it is
in the public interest that such information should continue to be
supplied.
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 financial and operational information and
details of audit findings which, if released, may jeopardise the commercial
operations of the council-controlled organisations.
The
report also contains risk reporting and detailed top risks reported
confidentially to the council-controlled organisation's boards or Audit and
Risk Committees. The council-controlled organisations have provided their
risk report for Auckland Council's Audit and Risk Committee subject to
confidentially.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C2 Draft
Auckland Council Annual Report 2018/2019 and draft Auckland Council Summary
Annual Report 2018/2019
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(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 financial information that forms part of
the financial results of the Auckland Council Group as at 30 June 2019.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C3 Office
of the Auditor-General and Audit New Zealand briefing
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
|
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(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 from Audit New Zealand contains information
regarding the annual report and financial results of the Auckland Council
Group and Auckland Council as at 30 June 2019.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C4 Legal
Risk Report
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
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 information concerning legal proceedings,
commercial negotiations and current claims against council.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C5 Assurance
Services Update
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(c)(ii)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment,
where the making available of the information would be likely to damage the
public interest.
In
particular, the report contains details of activity which if released may
jeopardise the effective delivery of the assurance function and contains
confidential information related to integrity and audit
matters.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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The text of these resolutions
is made available to the public who are present at the meeting and form part
of the minutes of the meeting.
CARRIED
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