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Governing Body
26 September
2019
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1 Affirmation
His Worship the Mayor read the affirmation.
2 Apologies
3 Declaration
of Interest
There were no declarations of interest.
4 Confirmation
of Minutes
5 Petitions
There were no
petitions.
6 Public
Input
There was no
public input.
7 Local
Board Input
There was no
local board input.
8 Extraordinary
Business
There was no
extraordinary business.
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9
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Referred from the Audit and Risk Committee -
Health, Safety and Wellbeing Update - September 2019
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Cr M Lee joined
the meeting at 9.38am.
Cr P Hulse joined the meeting at
9.43am.
Cr J Walker joined the meeting at
9.45am.
Cr D Newman joined the meeting at
9.51am.
Cr E
Collins joined the meeting at 9.53am.
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Resolution
number GB/2019/90
MOVED by Mayor P Goff, seconded by Cr R Clow:
That the Governing Body:
a) note
the report and the responsibility of elected members with regards to their
duties under the Health and Safety at Work Act 2015
b) note
that the report will be provided to all local boards for their information.
CARRIED
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10
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Auckland Unitary Plan (Operative in Part)
– Request to make provisions at Okura operative
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Resolution
number GB/2019/91
MOVED by Cr C Darby, seconded by Cr W Walker:
That the Governing
Body:
a) note that section 152 of the Local Government (Auckland
Transitional Provisions) Act 2010 deems those parts of the Proposed Auckland
Unitary Plan no longer under appeal to have been approved by the council
under clause 17(1) of Schedule 1 of the Resource Management Act 1991.
b) request staff to publicly notify the provisions for the land at
Okura covered by Environment Court appeals ENV-2016-AKL-000196 and
ENV-2016-AKL-000211 as operative in accordance with clause 20(1) of Schedule
1 of the Resource Management Act.
CARRIED
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11
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Recommendation from Appointments,
Performance Review and Value for Money Committee - Legal and Risk Review
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Cr W Walker left the meeting at
10.18am.
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Resolution
number GB/2019/92
MOVED by Cr D Simpson, seconded by Mayor P Goff:
That the Governing
Body:
a) agree
that the council’s chief executive collaborates with the chief
executives of the council-controlled organisations to:
i) develop
and implement a group assessment of risk by:
A) developing
a framework for combining the same or similar risks identified by each
organisation into a cumulative group risk
B) determining
the most effective way to treat cumulative risk – either as a group or
as individual organisations – and whether a portion of the risk should
be insured
C) reporting
the cumulative group risk to the Audit and Risk Committee on a quarterly
basis
ii) build
a business case to improve legal operational efficiency
A) determining
and understanding the current gaps impacting efficiency
B) identifying
and evaluating a range of options (largely technology) which will close the
identified gaps and complete the approved business case
iii) adopt a
more strategic approach to insurance
A) understanding
the risks the group faces and the strength of the group balance sheet to
manage that risk
B) assessing
current insurance cover against our risk profile to:
1) purchase
insurance only when events have potential to materially and adversely impact
council’s credit rating
2) insure
key assets that materially affect service delivery and the group balance
sheet
3) apply
meaningful deductibles consistent with balance sheet capacity ($52 billion in
assets) and risk appetite.
CARRIED
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12
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Value for Money Programme - Observations
from Independent Reference Panel
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Cr W Walker returned to the
meeting at 10.21am.
Cr G Sayers joined the meeting at 10.40am.
Cr A Filipaina left the meeting at 10.51am.
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Resolution
number GB/2019/93
MOVED by Mayor P Goff, seconded by Cr D Simpson:
That the Governing
Body:
a) note the memorandum from the Value for Money (S17A) Independence
Reference Panel and thank Miriam Dean, Doug Martin and John Leuchars for
their work over the last two years.
CARRIED
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13
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Preparation of the Auckland Council Annual
Report 2018/2019 and the Auckland Council Summary Annual Report 2018/2019
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Cr A Filipaina returned to the
meeting at 10.57am.
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Resolution
number GB/2019/94
MOVED by Cr R Clow, seconded by Cr C Casey:
That the Governing
Body:
a) note
the confirmation by the Audit and Risk Committee that the audit process in
respect of the draft Auckland Council Annual Report 2018/2019 and the draft
Auckland Council Summary Annual Report 2018/2019 has been completed
satisfactorily
b) note
the draft Auckland Council Annual Report 2018/2019 and the draft Auckland
Council Summary Annual Report 2018/2019 will be discussed in the confidential
section of this meeting.
CARRIED
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14
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Summary of Governing Body and Committee
information memoranda and briefings - 26 September 2019 including the
Governing Body Forward Work Programme
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Resolution
number GB/2019/95
MOVED by Cr C Darby, seconded by Cr E Collins:
That the Governing
Body:
a) note
the progress on the forward work programme appended as Attachment A of the agenda
report
b) receive
the Summary of Governing Body and other committee information memoranda and
briefings – 26 September 2019.
CARRIED
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15
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Valedictory Speeches
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Councillors Penny Hulse and Sir John
Walker gave their valedictory speeches. Copies have been placed on the
official minutes and are available on the Auckland Council website as minutes
attachments.
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Resolution
number GB/2019/96
MOVED by Mayor P Goff, seconded by Deputy Mayor BC
Cashmore:
That the Governing
Body:
a) receive
the valedictory speeches from Councillors Penny Hulse and Sir John Walker,
wish them all the best for their future endeavours and thank them for their
hard work and contribution to local government in Auckland and in particular
to the 2010 – 2019 terms of Auckland Council.
CARRIED
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Attachments
a 26 September 2019, Governing Body: Item
15 - Valedictory Speeches, Councillor Penny Hulse
b 26 September 2019, Governing Body: Item
15 - Valedictory Speeches, Councillor Sir John Walker
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16 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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17 Procedural
motion to exclude the public
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Resolution
number GB/2019/97
MOVED by Mayor P Goff, seconded by Cr D
Simpson:
That the
Governing Body:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Greg Schollum, Deputy Auditor-General, Sarah Markley, Sector Manager
– Local Government and Jo Smaill, Audit Director, Audit New Zealand be
permitted to remain for Confidential Item C1: Adoption of the Auckland
Council Annual Report 2018/2019 and Auckland Council Summary Annual Report
2018/2019 and C2: Office of the Auditor-General briefing group after the
public has been excluded, because of their knowledge and role, which will
help the Governing Body 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 Adoption
of the Auckland Council Annual Report 2018/2019 and 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 information that relates to the Auckland
Council Group Annual Report 2018/2019 which may only be made public
following its release to the New Zealand Exchange.
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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 Office
of the Auditor-General 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 contains detailed financial adjustments, assumptions
and judgements that have impact on the financial results of the Auckland
Council group as at 30 June 2019 that require final Audit New Zealand
sign-off and released to the New Zealand Exchange.
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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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11.43am 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.
1.17pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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Adoption of the Auckland Council Annual
Report 2018/2019 and Auckland Council Summary Annual Report 2018/2019
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Resolution
number GB/2019/98
MOVED by Cr R Clow, seconded by Mayor P Goff:
That the Governing Body:
a) receive
the information provided by the Auditor-General’s representatives and
thank them for their attendance
b) agree
that the information provided by the Auditor-General’s representatives
will remain confidential until the release of the Auckland Council Annual
Report 2018/2019 and Auckland Council Summary Annual Report 2018/2019 to the
New Zealand Exchange and the public on 27 September 2019
c) agree
that only the decisions will be restated in the open minutes.
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Note: Following
the meeting, the 2018/2019 Annual Report for the Auckland Council group and the
2018/2019 Summary Annual Report for the Auckland Council group were made
available on the Auckland Council website at the following link:
https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-annual-reports/Pages/current-annual-report.aspx
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C2
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Office of the Auditor-General briefing
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Resolution
number GB/2019/99
MOVED
by Cr R Clow, seconded by Mayor P Goff:
That the Governing Body:
a) note
that all matters raised by the Audit and Risk Committee and the Finance and
Performance Committee, in relation to the annual report content, have been
resolved
b) adopt
the Auckland Council Annual Report 2018/2019
c) adopt
the Auckland Council Summary Annual Report 2018/2019
d) agree
that the adopted Auckland Council Annual Report 2018/2019 and Summary Annual
Report 2018/2019, provided as Attachments C to F, will remain confidential.
Following the release of the Auckland Council Annual Report 2018/2019 and
Summary Annual Report 2018/2019 by 27 September 2019 to the New Zealand
Exchange and the public, these reports will immediately be published on
Auckland Council’s website
e) agree
that the decisions will be restated in the open minutes.
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1.17pm The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD BY THE
CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 8.1.4 ON
DATE:.........................................................................
CHAIRPERSON:........................................................
CHIEF EXECUTIVE
OR
NOMINEE:..................................................................
