I hereby give notice that the inaugural
meeting of the Waitematā 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
Auckland Town
Hall,
Reception Lounge, Level 2
301 - 303 Queen Street
Auckland
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Waitematā 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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Adriana Avendaño Christie
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Alexandra Bonham
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Graeme Gunthorp
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Kerrin Leoni
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Richard Northey, ONZM
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Julie Sandilands
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Sarah Trotman, ONZM
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(Quorum 4 members)
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Liz Clemm
Democracy Advisor - Waitematā
24 October 2019
Contact Telephone: (09) 353 9654
Email: liz.clemm@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Waitematā
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 Declaration 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 Waitematā Local Board 29
The
meeting will be chaired by Trina Thompson, Relationship Manager/Senior
Advisor Waitematā Local Board, 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. Tania Winslade, General Manager Māori
Outcomes and Relationships will administer the members’ declarations.
1 Mihi
Whakatau (Welcome)
Speech of welcome and prayer.
2 Welcome
Address
Tania Winslade, General
Manager Māori Outcomes and Relationships, on behalf of the Chief
Executive, will address the meeting.
3 Apologies
At the close of
the agenda no apologies had been received.
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Waitematā
Local Board
30 October
2019
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Declaration
by Local Board Members
File No.: CP2019/18614
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 General Manager Māori Outcomes and
Relationships.
2. General
Manager Māori Outcomes and Relationships, by way of Memorandum from 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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Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Election of Chairperson
File No.: CP2019/18615
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 Waitematā 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
That the Waitematā 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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Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Declaration by Chairperson
File No.: CP2019/18616
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 General Manager Māori Outcomes and Relationships.
2. The
General Manager Māori Outcomes and Relationships, by way of Memorandum
from 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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Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Address by Chairperson
File No.: CP2019/18618
Te take mō te
pūrongo
Purpose of the report
1. The
newly elected Chairperson will address the Waitematā Local Board.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Election of Deputy Chairperson
File No.: CP2019/18619
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 Waitematā
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
That the Waitematā 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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Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Mayor's Address
File No.: CP2019/18621
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
|
Author
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Liz Clemm - Democracy Advisor - Waitematā
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Authorisers
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Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Explanation of laws affecting elected
members
File No.: CP2019/18693
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 Waitematā 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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Author
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Anita Furniss - Senior Solicitor, Governance and
Litigation
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Authorisers
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Dani Gardiner - General Counsel
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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Waitematā
Local Board
30 October
2019
|
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Waitematā
Local Board
30 October
2019
|
|
First Business Meeting of the Waitematā
Local Board
File No.: CP2019/18623
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 Waitematā Local Board.
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Ngā tūtohunga
Recommendation
That the Waitematā 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
|
Author
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Liz Clemm - Democracy Advisor - Waitematā
|
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Authorisers
|
Louise Mason - General Manager Local Board Services
Trina Thompson - Relationship Manager/Senior Advisor Waitematā
Local Board
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