I hereby give notice that the inaugural
meeting of the Kaipātiki Local Board will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 30
October 2019
6:30pm
Kaipātiki
Local Board Office
90 Bentley Avenue
Glenfield
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Kaipātiki Local Board
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Chairperson
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Members
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John Gillon
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Paula Gillon
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Danielle Grant
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Ann Hartley, JP
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Melanie Kenrick
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Cindy Schmidt
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Andrew Shaw
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Adrian Tyler
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(Quorum 4 members)
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Jacinda Short
Democracy Advisor - Kaipatiki
22 October 2019
Contact Telephone: (09) 484 6236
Email: jacinda.short@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Kaipātiki
Local Board
30 October
2019
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ITEM TABLE OF CONTENTS PAGE
1 Mihi
Whakatau (Welcome) 5
2 Welcome
Address 5
3 Apologies 5
4 Declarations
by Local Board Members 7
5 Election of
Chairperson 9
6 Declaration by
Chairperson 11
7 Address by
Chairperson 13
8 Election
of Deputy Chairperson 15
9 Mayor’s
Address 17
10 Explanation of laws
affecting elected members 19
11 First Business Meeting of
the Kaipātiki Local Board 29
The meeting will be chaired by Eric
Perry, Relationship Manager for Devonport-Takapuna, Kaipātiki and Upper
Harbour Local Boards, on behalf of the Chief Executive, for items 1, 2, 3, 4,
5, 6, and 7. From item 8 onwards, the newly elected Chairperson will chair the
meeting. Stephen Town, Chief Executive, will administer the members’
declarations.
1 Mihi Whakatau (Welcome)
Speech of welcome and prayer.
2 Welcome Address
Stephen Town,
Chief Executive, will address the meeting.
3 Apologies
At the close of the agenda no apologies had been received.
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Kaipātiki
Local Board
30 October
2019
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Declaration
by Local Board Members
File No.: CP2019/18513
Te take mō te
pūrongo
Purpose of the report
1. Each
Local Board Member will make an oral declaration and sign a written declaration
in accordance with Schedule 7, Clause 14 of the Local Government Act 2002,
which will be attested by the Chief Executive of Auckland Council.
2. The Chief Executive is authorised to administer the
members’ declarations at this meeting in accordance with the provisions
of the Local Government Act 2002 (Schedule 7, clause 14(2)).
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
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Election of Chairperson
File No.: CP2019/18514
Te take mō te
pūrongo
Purpose of the report
1. In accordance with Schedule 7, clause 21(5)(b) of
the Local Government Act 2002, the Relationship Manager, on behalf of
the Chief Executive, will call for nominations for the election of the
Chairperson of the Kaipātiki Local Board.
Whakarāpopototanga matua
Executive summary
2. The
Local Board must elect a member to this position at the first meeting following
a triennial general election of members. The election must be in accordance
with Schedule 7, clause 25 of the Act. Note that no member has a casting vote.
3. The
Local Board will need to determine (by resolution) what method they will apply
to elect the chairperson – System A or System B.
Schedule 7, Part 1, Clause 25 of the Local Government Act
2002 states that:
25
Voting systems for certain appointments
(1)
This clause applies to -
(a)
the election or appointment of the chairperson and
deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c)
the election or appointment of the chairperson and
deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2)
If this clause applies, a local authority or a
committee (if the local authority has so directed) must determine by resolution
that a person be elected or appointed by using one of the following systems of
voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3)
System A -
(a)
requires that a person is elected or appointed if he or
she receives the votes of a majority of the members of the local authority or
committee present and voting; and
(b)
has the following characteristics:
(i)
there is a first round of voting for all candidates;
and
(ii) if no candidate is successful in that round there is a second round
of voting from which the candidate with the fewest votes in the first round is
excluded; and
(iii)
if no candidate is successful in the second round there
is a third, and if necessary subsequent, round of voting from which, each time,
the candidate with the fewest votes in the previous round is excluded; and
(iv)
in any round of voting, if two or more candidates tie
for the lowest number of votes, the person excluded from the next round is
resolved by lot.
(4)
System B -
(a)
requires that a person is elected or
appointed if he or she receives more votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only one round of voting; and
(ii)
if two or more candidates tie for the most votes, the
tie is resolved by lot.
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Ngā tūtohunga
Recommendation/s
That the Kaipātiki Local
Board:
a) elect
a Chairperson for the 2019 - 2022 political term, utilising either System A
or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act
2002.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
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Declaration by Chairperson
File No.: CP2019/18515
Te take mō te
pūrongo
Purpose of the report
1. The
Chairperson will make an oral declaration and sign a written declaration, which
will be attested by the Chief Executive of Auckland Council.
2. The
Chief Executive is authorised to administer the Chairperson’s
declarations at this meeting in accordance with the provisions of the Local
Government Act 2002 (Schedule 7, clause 14).
3. The
Chairperson will assume the chair for the remainder of the meeting.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
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Address by Chairperson
File No.: CP2019/18516
Te take mō te
pūrongo
Purpose of the report
1. The
newly elected Chairperson will address the Kaipātiki Local Board.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
|
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Election of Deputy Chairperson
File No.: CP2019/18517
Te take mō te
pūrongo
Purpose of the report
1. In
accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002,
the Chairperson will call for nominations for the Deputy Chairperson of the
Kaipātiki Local Board.
Whakarāpopototanga matua
Executive summary
2. The
Local Board must elect a member to the Deputy Chairperson position in
accordance with Schedule 7, clause 25 of the Act.
3. The
Local Board will also need to determine (by resolution) what method they will
apply to elect the Deputy Chairperson.
Schedule 7, Part 1, Clause 25 of the Local
Government Act 2002 stipulates that:
25
Voting systems for certain appointments
(1)
This clause applies to -
(a)
the election or appointment of the chairperson and
deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c)
the election or appointment of the chairperson and
deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2)
If this clause applies, a local authority or a
committee (if the local authority has so directed) must determine by resolution
that a person be elected or appointed by using one of the following systems of
voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3)
System A -
(a)
requires that a person is elected or appointed if he or
she receives the votes of a majority of the members of the local authority or
committee present and voting; and
(b)
has the following characteristics:
(i)
there is a first round of voting for all candidates;
and
(ii)
if no candidate is successful in that round there is a
second round of voting from which the candidate with the fewest votes in the
first round is excluded; and
(iii)
if no candidate is successful in the second round there
is a third, and if necessary subsequent, round of voting from which, each time,
the candidate with the fewest votes in the previous round is excluded; and
(iv)
in any round of voting, if two or more candidates tie
for the lowest number of votes, the person excluded from the next round is
resolved by lot.
(4)
System B -
(a)
requires that a person is elected or
appointed if he or she receives more votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only one round of voting; and
(ii)
if two or more candidates tie for the most votes, the
tie is resolved by lot.
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Ngā tūtohunga
Recommendation/s
That the Kaipātiki Local
Board:
a) elect a Deputy Chairperson for the 2019 - 2022 political term, utilising
either System A or System B of Schedule 7, Part 1, Clause 25 of the Local
Government Act 2002.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
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Mayor's Address
File No.: CP2019/18518
Te take mō te
pūrongo
Purpose of the report
1. If
the Mayor is in attendance, he will be provided with the opportunity to address
the meeting.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
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Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
|
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Explanation of laws affecting elected
members
File No.: CP2019/18715
Te take mō te
pūrongo
Purpose of the report
1. At
the first meeting after the three-yearly local
election, elected members are required to receive a general explanation of the laws
that affect them as elected members.[1]
This report provides that explanation.
Whakarāpopototanga matua
Executive summary
2. There
are a number of laws affecting members and other core legal requirements that
elected members should be aware of when making decisions. The legislation
that applies both to individual elected member’s actions and collective
decision making includes:
· Local Authorities
(Members’ Interests) Act 1968
· Crimes Act 1961
· Secret Commissions Act
1910
· Financial Markets Conduct
Act 2013
· NZX Listing Rules
· Health and Safety at Work
Act 2015
· Personal liability of
elected members
· Local Government Official
Information and Meetings Act 1987
· Local Government Act 2002
· Local Government (Auckland
Council) Act 2009
· Other statutory
decision-making requirements
3. This
report and attachment provide an explanation of these core legal
requirements.
4. In
addition to these core legal requirements, there are many other statutes
relevant to certain council decisions (for example the Resource Management Act
1991 and the Reserves Act 1977).
5. Elected
members will receive advice from staff on a case-by-case basis to ensure that
they understand their legal obligations when making decisions.
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Ngā tūtohunga
Recommendation/s
That the Kaipātiki Local Board:
a) note
the general explanation of the laws affecting elected
members.
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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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Laws Affecting Elected Members - Core
Legal Requirements
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21
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Ngā kaihaina
Signatories
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Authors
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Anita Furniss - Senior Solicitor
- Governance and Litigation
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Authorisers
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Dani Gardiner - General Counsel
Stephen Town - Chief Executive
Louise Mason - GM Local Board
Services
Eric Perry - Relationship Manager
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Kaipātiki
Local Board
30 October
2019
|
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Kaipātiki
Local Board
30 October
2019
|
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First Business Meeting of the
Kaipātiki Local Board
File No.: CP2019/18520
Te take mō te
pūrongo
Purpose of the report
1. Pursuant
to the requirements of clause 21(5)(d) of Schedule 7 of the
Local Government Act 2002, a date has to be set for the first business meeting
of the Kaipātiki Local Board.
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Ngā tūtohunga
Recommendation/s
That the Kaipātiki Local
Board:
a) confirm
the date for its first business meeting.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Jacinda Short - Democracy Advisor - Kaipatiki
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Authorisers
|
Louise Mason - GM Local Board Services
Eric Perry - Relationship Manager
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