I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 12 December 2019

1.30pm

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Tira Kāwana/ Governing Body

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Richard Hills

 

Cr Dr Cathy Casey

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Hon Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

9 December 2019

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



 

Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan

(d)        the power to adopt a long-term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)        the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy

 

Additional responsibilities retained by the Governing Body:

 

(h)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(i)         approval of a draft bylaw prior to consultation

(j)         resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(k)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(l)         relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(m)      overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs

(n)        oversight of work programmes of all committees of the governing body.

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 

 


Governing Body

12 December 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Affirmation                                                                                                                      7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Petitions                                                                                                                          7  

6          Public Input                                                                                                                    7

7          Local Board Input                                                                                                          7

8          Extraordinary Business                                                                                                8

9          Auckland Unitary Plan (Operative in Part) - Appointing hearing comissioners for Plan Change 32 (Private) - Avondale Jockey Club                                                    9

10        Auckland Council Fees Framework and Expenses Policy for Appointed Members                                                                                                                                       13

11        Referred from the Audit and Risk Committee - Health Safety and Wellbeing update - November 2019                                                                                                            33

12        Summary of Governing Body information memoranda and briefings - 21 December 2019                                                                                                                               47

13        Appointment of independent panel for council-controlled organisations review 49

14        Setting the Chief Executive's Performance Objectives                                          55

15        Process for the Governing Body to appoint the next Chief Executive                 57  

16        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

17        Procedural Motion to Exclude the Public                                                                 59

C1       CONFIDENTIAL:  Appointment of independent panel for council-controlled organisation review                                                                                                     59

C2       CONFIDENTIAL:  Setting the Chief Executive's Performance Objectives            59

C3       CONFIDENTIAL:  Process for the Governing Body to appoint the next Chief Executive                                                                                                                      60  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 26 November 2019 and the extraordinary minutes of its meeting, held on Tuesday, 10 December 2019, including the confidential section, as a true and correct record.

 

 

5          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

6          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

 

7          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 

 

8          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

 


Governing Body

12 December 2019

 

 

Auckland Unitary Plan (Operative in Part) - Appointing hearing comissioners for Plan Change 32 (Private) - Avondale Jockey Club

File No.: CP2019/20174

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To appointment Independent Hearing Commissioners to hear submissions and make decisions on Plan Change 32 (Private) Avondale Jockey Club to the Auckland Unitary Plan (Operative in Part).

Whakarāpopototanga matua

Executive summary

2.       Plan Change 32 seeks to rezone 1,870m2 of land at Avondale Racecourse from Special Purpose – Major Recreation Facility to Terraced Housing and Apartment Building Zone in the Auckland Unitary Plan (Operative in Part) (AUP). The request also proposes to remove the land in the private plan change area from the Avondale Racecourse Precinct.

3.       10 primary submissions were received on the private plan change request, including four submitters who wish to be heard.  The submissions primarily relate to transport and urban design.

4.       Feedback received from the Whau Local Board has been in support of the private plan change.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      appoint two independent commissioners, with expertise in planning, transport and urban design to hear submissions and make decisions on Plan Change 32 (Private) Avondale Jockey Club to the Auckland Unitary Plan (Operative in Part)

b)      delegate authority to the chairperson of the Regulatory Committee to make replacement appointments to the hearing panel in resolution a) in the event that a member of the panel is unavailable.

 

Horopaki

Context

5.       Avondale Jockey Club lodged a private plan change request to the Auckland Unitary Plan (Operative in Part) in June 2019.  On 6 August 2019 the Planning Committee accepted the private plan change request for processing and public notification.

6.       Plan Change 32 seeks to rezone 1,870m2 of land at Lot 1 DP470450 Avondale Racecourse from Special Purpose – Major Recreation Facility to Terraced Housing and Apartment Building Zone in the Auckland Unitary Plan (Operative in Part) (AUP). The request also proposes to remove the land in the private plan change area from the Avondale Racecourse Precinct.

7.       The stated purpose of Plan Change 32 is to alter the split zoning of the newly created Lot 1 DP470450, which is located in the south-western corner of the racecourse, and re-align the precinct boundary with the racecourse boundary.

8.       The private plan change was publicly notified on 29 August 2019 and 10 primary submissions were received.  The council’s summary of submissions was publicly notified on 24 October 2019 and one further submission was received.

9.       The focus of the submissions relate to transport and traffic effects.  Other matters raised in submissions include urban design effects and construction effects.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     Analysis and advice relating to the private plan change will be provided in the council’s hearing report (section 42A report).

Tauākī whakaaweawe āhuarangi

Climate impact statement

11.     The decision to appoint independent hearing commissioners is an administrative one and does not have any associated climate change impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

12.     The council’s Healthy Waters Department and Watercare have reviewed the private plan change and will be involved in preparing the hearing report. Auckland Transport has also been involved and has made a submission on the private plan change.

13.     The submission from Auckland Transport supports the private plan change under the condition that the Auckland Unitary Plan (Operative in Part) provides a mechanism to assess the effects of traffic. This matter will be addressed in the hearing report and considered by the hearing commissioners.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

14.     The Whau Local Board was contacted on 2 July 2019 and invited to provide comment on the private plan change.  The Local Board Chair confirmed support for the private plan change.

Tauākī whakaaweawe Māori

Māori impact statement

15.     The applicant circulated the private plan change to the eleven iwi authorities with an interest in the area. This is discussed in the applicant’s s32 report. No submissions were received from iwi authorities.

Ngā ritenga ā-pūtea

Financial implications

16.     The cost of the private plan change will be recovered from Avondale Jockey Club Limited.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

17.     Hearing commissioners are appointed from the council’s pool of independent commissioners due to their professionalism, expertise and experience.  This process, in addition to staff reporting, ensures a high-quality of informed decision-making and helps to avoid any procedural or judicial risks.

Ngā koringa ā-muri

Next steps

18.     Council staff will commence preparation for a hearing to take place in February 2020.  The key next steps involve:

·    contacting the appointed Independent Hearing Commissioners to check their availability;

·    notifying submitters of the hearing dates and venue;

·    providing submitters with a copy of the hearing report;

·    Independent Hearing Commissioners conduct the hearing; and

·    Council decision released.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Katie Maxwell - Graduate Planner

Authorisers

John Duguid - General Manager - Plans and Places

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 

Auckland Council Fees Framework and Expenses Policy for Appointed Members

File No.: CP2019/20035

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve an adjustment in meeting fees paid under the Auckland Council Fees Framework and Expenses Policy for Appointed Members (Framework), in line with a recent change to the Cabinet Fees Framework.

2.       To amend the Framework to allow an appointed member to elect to receive a lesser fee.

Whakarāpopototanga matua

Executive summary

3.       The current version of the Framework for setting meeting fees for people appointed by the governing body or local boards was approved on 23 May 2017.  The Framework is principally used for advisory panel members’ meeting fees.

4.       The Framework is based on the Cabinet Fees Framework which was recently updated in July 2019.  Rates for fees were updated.  The council’s Framework states that fees under the council’s Framework will be adjusted in line with changes to the Cabinet Fees Framework.

5.       For the Disability, Ethnic Peoples, Pacific Peoples, Rainbow, Senior, and Youth Advisory Panels members meeting fees will change from $250 to $270 and chairs will change from $530 to $575.

6.       A change to paragraph 15 of the Framework is recommended, to give members the ability to elect to take a lesser fee.

7.       The current Framework is attached in Attachment A and the proposed replacement Appendix B is attached in Attachment B.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      amend the Auckland Council Fees Framework and Expenses Policy for Appointed Members by replacing Appendix B with the revised Appendix B in Attachment B of the agenda report.

b)      amend the Auckland Council Fees Framework and Expenses Policy for Appointed Members by replacing paragraph 15 with: “Members of bodies may opt not to get paid meeting fees by not submitting the required forms or may elect to nominate a lesser fee than the fee that is set”.

c)      agree that the amendments apply from the date of this meeting.

 

Horopaki

Context

8.       The current version of the Framework was approved by the Finance and Performance Committee on 23 May 2017.

 

 

9.       First adopted in 2014, the Framework provides a basis for calculating meeting fees for advisory panels but is also used as a basis for payments to members appointed by the Governing Body or by local boards to other bodies.

10.     The Framework was modelled on the Cabinet Fees Framework.  This framework is used to set fees for all entities that the Crown has an interest in.  Bodies covered by the Framework include Crown entities, tertiary education institutions, as well as trust boards, District Health Boards, advisory bodies and committees, Royal Commissions, Public, Government and Ministerial Inquiries, statutory tribunals, individuals appointed as statutory bodies that are not covered by the Remuneration Authority and some subsidiary bodies.  It includes bodies set up under legislation that require remuneration to be paid under the Fees and Travelling Allowances Act 1951.

11.     The fees for appointed members were calculated using the rates for Group 4 bodies in the Cabinet Fees Framework.  The remuneration levels for daily fees for this group were:

Total score

Level

Fees range - Chair

Fees range - members

24 – 28

1

$500 - $1,062

$375 - $800

20 – 23

2

$360 - $818

$270 - $518

15 – 19

3

$260 - $530

$190 - $364

10 – 14

4

$230 - $336

$175 - $252

9 or less

5

$190 - $245

$140 - $190

 

Paragraph 15 of the Framework provides that “Members of bodies may opt not to get paid meeting fees by not submitting the required forms.”

Tātaritanga me ngā tohutohu

Analysis and advice

12.     The Framework states in paragraph 12:

Fees paid to appointed members under the Auckland Council Fees Framework will be adjusted in line with changes to fees paid under the Cabinet Fees Framework. The Cabinet Fees Framework was last reviewed in December 2012.

13.     The Cabinet Fees Framework was modified in July 2019.  The changes included adjustments to fees. The daily fee levels for Group 4 bodies were changed to:

 

Total score

Level

Fees range - Chair

Fees range - members

24 – 28

1

$540 - $1,150

$405 - $865

20 – 23

2

$390 - $885

$290 - $560

15 – 19

3

$280 - $575

$205 - $395

10 – 14

4

$250 - $365

$190 - $270

9 or less

5

$205 - $265

$150 - $205

 

 

14.     The fees for advisory panels are based on Level 3, except for the Youth Advisory Panel which is based on Level 4.  These levels are calculated using a scoring mechanism for:

·    skills, knowledge and experience

·    function, level and scope of authority

·    complexity of issues

·    public interest and profile.

15.     The meeting fees are calculated from the daily fees. The daily fees apply to an eight-hour day.  The chairs of all advisory panels receive the full daily fee for a meeting.  Members of all panels receive a fee based on five and a half hours per meeting.  These times include preparation time.

16.     When the Governing Body decided the setting up of the advisory panels for the 2019 – 2022 electoral term, there was agreement to align the meeting fees of the Youth Advisory Panel with that of all other panels.

17.     On this basis the revised fees for the advisory panels are:

Disability, Ethnic Peoples, Pacific Peoples, Rainbow, Senior, Youth Advisory Panels

 

Current meeting fee

Proposed meeting fee

Member

·    5.5 hours per meeting including preparation

·   Pro rata the maximum daily rate for member

$250

$270

Chair

·    8 hours per meeting including preparation

·   maximum rate for chair, level 3

$530

$575

 

18.     Some members of advisory panels may wish to receive a reduced payment.  Currently the Framework provides the ability to opt out of a payment altogether but it does not provide the ability to receive a lesser fee than what is provided.

19.     In the proposed Appendix B a column has been added setting out the equivalent hourly rate, which can be used for additional work that approved in accordance with the terms of reference for panels.

20.     Appendix B also provides for the General Manager Democracy Services to apply the Framework to other bodies which might be established.  The current version limits this to advisory panels.  

21.     Staff recommend that paragraph 15 is amended to allow for this:

Members of bodies may opt not to get paid meeting fees by not submitting the required forms or may elect to nominate a lesser fee than the fee that is set.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.     The decision to amend the Framework is administrative and does not impact on climate change.  In the wider context, advisory panels can be key in engaging with the community over significant issues such as climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23.     The decision to amend the Framework is administrative and does not impact on the council group. 

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

24.     The Framework is a basis for local boards to set meeting fees for people appointed by them to local board bodies.

Tauākī whakaaweawe Māori

Māori impact statement

25.     The decision to amend the Framework is administrative and does not impact on the Māori community.  In the wider context, the Framework has the potential to apply, for example, to Māori appointed by a local board to a local reserve co-management committee, where such a committee might exist.    

Ngā ritenga ā-pūtea

Financial implications

26.     The increased fees will be met from existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27.     There is a risk that if the Framework is not amended now its alignment with the Cabinet Fees Framework will become significantly different, leading to a much greater change in fees into the future when alignment is re-established.

Ngā koringa ā-muri

Next steps

28.     The recruitment for the new advisory panels is about to commence.  The revised meeting fee rates and the ability to elect to take a lesser fee will be advised to those applying.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Auckland Council Fees Framework and Expenses Policy for Appointed Members

17

b

Proposed Appendix B

31

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

Referred from the Audit and Risk Committee - Health Safety and Wellbeing update - November 2019

File No.: CP2019/20793

 

  

Te take mō te pūrongo

Purpose of the report

1.       To receive the Health and Safety Performance Report referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.       The Audit and Risk Committee will receive the Health Safety and Wellbeing update – November 2019 at its meeting on 9 December 2019.

3.       The recommendations to the Audit and Risk Committee are as follows:

“That the Governing Body:

a)      review and endorse this report for referral to the Governing Body and draw the attention of elected members to their duties under the Health and Safety at Work Act 2015

b)      note that this report will be provided to all local boards for their information.”

4.       Clause a) of the recommendation refers the report to the Governing Body, in its role as the person or organisation conducting a business or undertaking and is in line with duties outlined in the Health and Safety at Work Act 2015.

5.       Any resolution passed by the Audit and Risk Committee will be tabled at the Governing Body meeting on 12 December 2019.

6.       The Health Safety and Wellbeing update – November 2019 that is attached to the Audit and Risk Committee agenda is appended as Attachment A to this report.

 

Ngā tūtohunga

Recommendation/s

The recommendations referred from the Audit and Risk Committee meeting on 9 December 2019 will be tabled at the Governing Body meeting.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report to Audit and Risk Committee on 9 December 2019

35

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

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Governing Body

12 December 2019

 

 

Summary of Governing Body information memoranda and briefings - 21 December 2019

File No.: CP2019/20471

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a summary and provide a public record of memoranda or briefing papers that may have been held or been distributed to Governing Body members.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/briefings or other means, where no decisions are required.

3.       No memos were circulated to members of the Governing Body.

4.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

5/12/19

CCO Review Panel CONFIDENTIAL

 

6.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      receive the Summary of Governing Body information memoranda and briefings – 26 November 2019.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 

Appointment of independent panel for council-controlled organisations review

File No.: CP2019/20689

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To update the Governing Body on the process for appointing the independent panel for the council-controlled organisation (CCO) review.

Whakarāpopototanga matua

Executive summary

2.       The Governing Body approved the Terms of Reference for the CCO review at its meeting on the 26 November 2019. Included in the Terms of Reference was the requirement for an independent panel to be appointed to undertake the review. This report sets out the process for identifying panel candidates.

3.       It is necessary to protect the privacy of the candidates for these appointments. As such, proposed appointments for the membership of the independent panel are considered in a confidential report included in this agenda.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that a confidential report is included in the agenda which proposes appointments for membership of the independent panel for the review of council-controlled organisations

b)      note that final decisions will be made publicly available at the conclusion of the appointment process.

 

 

Horopaki

Context

4.       At its meeting on 26 November 2019, the Governing Body met to consider the terms of reference for a review of council’s substantive CCOs. The Governing Body resolved [GB/2019/127] to:

a)     agree the terms of reference for the CCO review

b)     note that the timing and phasing of the CCO review maybe subject to budget and resource allocation and availability and capacity of panel members

c)     agree the criteria for selection of the independent review panel members.

5.       In identifying candidates for the panel, staff recommended that panel members will ideally possess some or all of the following key competencies:

·      governance, senior executive or similar experience (e.g. corporate, elected or community representative)

·      ability to think strategically and critically and take a broad perspective on issues

·      sound judgement, evaluation and decision-making skills

·      stakeholder engagement and management expertise

·      knowledge of the local government and/or public sector and the interests of the publicly accountable shareholder

·      commercial acumen

·      common sense, integrity and a strong sense of ethics

·      knowledge of community networks and experience in community engagement

·      knowledge of the diverse communities of Auckland

·      experience in managing complex multi-stakeholder projects within a short timeframe, which may include sensitive and/or confidential information

·      knowledge of the issues of significance for Māori in Tāmaki Makaurau and council’s Te Tiriti o Waitangi obligations.

6.       Other factors identified as relevant to panel selection were identified as:

·      availability and capacity to undertake the review within the specified timeframes

·      any identified actual or potential conflicts of interest

·      balance of representation on the panel relative to council’s diversity and inclusion goals.

Tātaritanga me ngā tohutohu

Analysis and advice

7.       The process that has been followed to establish recommendations for panel membership is as follows:

a)      nominations of potential panel members sought from Councillors. This identified a long list of potential individual candidates for the panel membership. Some nominees had a clear conflict of interest or could not be considered independent and as such were not asked to submit an expression of interest (EOI).

b)      EOIs were then sent to nominees.  The EOI sought a copy of their most recent curriculum vitae and a cover letter which included:

·     relevant skills, knowledge and experience

·     statement of availability/capacity to undertake the work within the specified timeframes

·     remuneration expectations

·     any identified actual or potential conflicts of interest.

Note:     Not all nominees who were sent an EOI responded, and some thanked the council for the opportunity but due to availability or other reasons indicated that they did not wish to be considered.

c)      Staff assessed the EOIs against the key competencies approved by the Governing Body on 26 November 2019 to form a shortlist for consideration at a Governing Body workshop.

d)      A confidential workshop was held with councillors on the 5 December 2019 to discuss the shortlist and to identify preferred candidates.  The preferred candidates were then contacted to confirm their interest, availability, remuneration and conflict of interest management.

8.       The selection criteria for the independent panel has been grouped into three broad categories of skills and experience as represented in the diagram below:

 

cid:image001.png@01D5AE87.E5CDB7A0

 

9.       The ideal panel will have three members with combined senior expertise in governance in local or central government organisations’ structures, legislation, policy and practices, strong technical skills and community engagement.

10.     The panel will require a chair. The functions of the chair position (over and above those of the other panel members) are envisaged to include:

·     setting the agenda and running the panel meetings, ensuring action points and decisions are appropriately documented

·     representing the panel to key stakeholders

·     ensuring effective communication to the Governing Body on progress with the review

·     monitoring performance and progress towards the review’s key deliverables, in accordance with the agreed work programme.

11.     Ideally, the chair of the panel will have previous experience in a chair role, possess strong leadership and communication / relationship skills, and integrity within relevant sectors.

12.     It may be that subject matter experts will be required to support the panel members by providing information, assisting in the assessment and evaluation of issues or opportunities as they arise.

Tauākī whakaaweawe āhuarangi

Climate impact statement

13.     The decision to make appointments to the independent CCO review panel does not have an impact on greenhouse gas emissions and the effects of climate change over the lifetime of the proposed decision are considered minimal.

14.     However, the effective functioning of CCOs, in particular Auckland Transport, Panuku Development Auckland Limited and Watercare, can make a positive contribution towards the reduction of greenhouse gas emissions and Auckland’s adaptation to climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15.     The CCO chairs and chief executives have not been engaged in the process to appoint the independent review panel.  However, staff will prepare communications for public release at the appropriate juncture once panel membership is approved and the candidates (successful and unsuccessful) have been advised.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

16.     The approved terms of reference for the CCO review have been circulated to all local boards, however local boards have not been engaged in the process to appoint the independent review panel members.

17.     A key requirement of the review will be for the independent panel to seek feedback from local boards on the issues they experience with CCOs and any options for improvement they may identify. Discussions with local boards are expected to take place in February 2020.

18.     An update on the CCO review and local board engagement is being presented to the Local Board Chairs forum on the 9 December 2019.

Tauākī whakaaweawe Māori

Māori impact statement

19.     CCOs, as delivery agents of council, have the potential to have a significant impact on positive outcomes for Māori. The review of CCOs is therefore an opportunity to ensure that council’s commitments and obligations to Māori are reflected in the arrangements between council and its CCOs.

20.     Consultation with Māori will form part of the public consultation.

Ngā ritenga ā-pūtea

Financial implications

21.     The CCO review is currently unbudgeted. Pending confirmation of the panel members and the scope of the review, the financial implications of the review have been estimated at approximately $500,000-$800,000.

22.     This does not include any costs that may be associated with implementation outcomes of the review.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     The review, as proposed, is very wide ranging and completing the review within the timeframes specified will be challenging. It maybe that elements of the review are prioritised or phased, depending on budget and panel resourcing requirements.

24.     Consideration of any actual or potential conflicts of interest has formed a key part of the process that has been followed to establish recommendations for panel membership.

25.     If the Governing Body does not appoint panel members at this meeting, it will not be possible to complete the review within the stated timeframes.  To mitigate against this risk a workshop was held with Governing Body members to discuss the potential panel members.

Ngā koringa ā-muri

Next steps

26.     Immediate next steps following approval of independent panel membership will include advising the candidates (successful and unsuccessful) and letters of appointment.  Communications for public release at the appropriate juncture will also be prepared.  

27.     An introductory meeting with the panel will be scheduled. The panel will need to have its first official meeting as soon as reasonably practicable to finalise the work programme for the review, including the public engagement phases.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Sarah Johnstone-Smith - Principal Advisor

Claire Gomas - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 

Setting the Chief Executive's Performance Objectives

File No.: CP2019/20994

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To agree a new set of performance objectives for the Auckland Council’s Chief Executive, Stephen Town, for the 2020-2021 calendar years.

Whakarāpopototanga matua

Executive summary

2.       On 27 June 2018 the Governing Body agreed to extend the chief executive’s employment for a further two years (Resolution Number GB/2018/103). This means a new set of performance objectives must be agreed by Governing Body for the extension period, that is, for the 2020-2021 calendar years.

3.       The Governing Body has delegated to the Appointments Performance Review (APR) Committee responsibility for reviewing the chief executive’s performance and for recommending to the Governing Body the terms and conditions of the chief executive’s employment, including any performance agreement measures.

4.       The APR Committee considered this matter at its meeting on 5 December 2019 and has made recommendations for the Governing Body which must make the final decision.

5.       The substantive discussion on this matter will take place in the confidential part of the agenda as it will involve the performance of the chief executive as well as the setting of performance objectives yet to be agreed between the chief executive and Governing Body.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that there is a confidential report included in the agenda and provides information regarding the setting of performance objectives for the Auckland Council’s chief executive for the calendar years 2020-2021.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jaclynn Rathwell - Team Coordinator

Shameel  Sahib - Head of Corporate Strategy

Authorisers

Patricia Reade - Director People and Performance

Stephen Town - Chief Executive

 


Governing Body

12 December 2019

 

 

Process for the Governing Body to appoint the next Chief Executive

File No.: CP2019/21041

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek Governing Body agreement on the process for recruiting a new Chief Executive for Auckland Council

Whakarāpopototanga matua

Executive summary

2.       The term of the current Chief Executive expires on 31 December 2020.

3.       The process to appoint the Chief Executive of a local authority is specified in the relevant provisions of the Local Government Act 2002 (LGA). Section 42 of the LGA requires local authorities to appoint a Chief Executive to carry out various responsibilities as set out in that section. 

4.       Under the Act, the power to appoint the Chief Executive cannot be delegated to a subordinate committee.  However, clause 32(3), Sch 7 of the LGA provides that nothing restricts the Governing Body from delegating to a committee the power to do anything in relation to the recruitment process prior to the exercise of the decision.

5.       The Governing Body has previously delegated the following responsibility to the Appointments & Performance Review Committee (APR): “Review the chief executive’s performance and to recommend to the Governing Body the terms and conditions of the CE’s employment including any performance agreement measures and annual salary reviews”.

6.       The substantive discussion on this matter will take place in the confidential part of the agenda as it will involve information that relates to the setting of a recruitment process for the Chief Executive, and the committee may discuss matters relating to the person specification or potential candidates.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that there is a confidential report included in the agenda and provides information regarding the process to appoint the next Chief Executive.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jaclynn Rathwell - Team Coordinator

Shameel  Sahib - Head of Corporate Strategy

Authoriser

Stephen Town - Chief Executive

      

 


Governing Body

12 December 2019

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Governing Body

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       CONFIDENTIAL:  Appointment of independent panel for council-controlled organisation review

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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains private information about candidates for appointment to the independent panel for the review of council's substantive council-controlled organisations.

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       CONFIDENTIAL:  Setting the Chief Executive's Performance Objectives

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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

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 that relates to the setting of performance objectives that have yet to be agreed between the Governing Body and the Chief Executive, and the committee may discuss matters relating to the performance of the Chief Executive.

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.

 

C3       CONFIDENTIAL:  Process for the Governing Body to appoint the next Chief Executive

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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

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, this report contains information that relates to the setting of a recruitment process for the chief executive, and the commitee may discuss matters relating to the person specification or potential candidates.

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.