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Governing Body
27 February
2020
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1 Affirmation
His Worship the Mayor read the affirmation.
2 Apologies
Cr R Hills entered the meeting at 10.06
am.
Cr C Fletcher entered the meeting at
10.06 am
3 Declaration
of Interest
Cr P Coom
subsequently advised the meeting that she was a candidate in the Energy Trust
Elections in 2009 but had no conflict with Item 10 – Inquiry into the
2019 Local Elections and Liquor Licensing Trust Elections, and Recent Energy
Trust Elections.
4 Confirmation
of Minutes
5 Petitions
There were no
petitions.
6 Public
Input
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6.1
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Public Input: Direct Action Everywhere
New Zealand (DxENZ) - Catering at Council Meetings
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Cr J
Watson entered the meeting at 10.09 am.
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Dr Michael
Morris and Anna Rippon were present to speak to the Governing Body.
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A
presentation was given and documents were tabled. 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/2020/9
MOVED by Cr C Casey, seconded by Cr L Cooper:
That
the Governing Body:
a) receive
the presentation from Dr Michael Morris and Anna Rippon on behalf of Direct
Action Everywhere New Zealand (DxENZ) regarding plant-based catering at
council meetings, and thank him for attending.
CARRIED
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Attachments
a 27 February 2020, Governing Body: Item 6.1 - Public Input
- Direct Action Everywhere New Zealand (DxENZ) - Catering at Council
Meetings, sample menu
b 27 February 2020, Governing Body: Item 6.1 - Public Input
- Direct Action Everywhere New Zealand (DxENZ) - Catering at Council
Meetings, Graph showing the greenhouse gas emissions per serving of certain
foods
c 27 February 2020, Governing Body: Item 6.1 - Public Input
- Direct Action Everywhere New Zealand (DxENZ) - Catering at Council
Meetings, related articles
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7 Local
Board Input
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7.1
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Local Board Input: Waitemāta
Local Board, Item 10 - Inquiry into the 2019 Local Elections and Liquor
Licensing Trust Elections, and Recent Energy Trust Elections
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Waitemāta Local Board
Chair, Richard Northey, was present to speak to the Governing Body.
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Resolution number GB/2020/10
MOVED by Mayor P Goff, seconded by Cr C Casey:
That
the Governing Body:
a) receive
the input from Waitemāta Local Board regarding Item 10 - Inquiry into the 2019
Local Elections and Liquor Licensing Trust Elections, and Recent Energy Trust
Elections and thank Chair Richard Northey for his attendance.
CARRIED
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Note: Item 7.2 – Local Board Input: Ōtara -Papatoetoe
Local Board, Item 10: Inquiry into the 2019 Local Elections and Liquor
Licensing Trust Elections, and Recent Energy Trust Elections was considered
after Item 9 – Evaluation of the Auckland Council local government 2019
elections.
8 Extraordinary
Business
There was no
extraordinary business.
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9
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Evaluation
of the Auckland Council local government 2019 elections
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Note: changes
to the original motion were incorporated by adding a new clause a), with the
agreement of the meeting.
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Resolution
number GB/2020/11
MOVED by Mayor P Goff, seconded by Cr L Cooper:
That
the Governing Body:
a) note
the chronic low voter turnout (35.3%) at the 2019 Auckland Council Elections
and the need to understand and address the causes of this.
b) note
that the statutory deadline for resolving to change the electoral system for
the 2022 local elections from First Past the Post to Single Transferable Vote
is 12 September 2020.
c) agree
that as the electoral system was reviewed prior to the 2019 elections, no
further action be taken for the 2022 elections.
d) note
that the statutory deadline for resolving to establish a Māori
ward for the 2022 local elections is 23 November 2020.
e) agree
that as there has not been legislative change to allow the Governing Body to
review its membership, no further action on the establishment of a Māori ward be
taken for the 2022 elections.
f) note
there is the opportunity to review representation arrangements for the 2022
elections but there is no requirement to do this until the 2025 elections
g) agree
that no further action be taken to review representation arrangements for the
2022 elections.
CARRIED
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Note: Pursuant to Standing Order 1.8.6, Cr C Fletcher
requested that her dissenting vote be recorded against clauses c) and g).
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Note: Item
7.2 Local Board Input: Ōtara-Papatoetoe Local Board, Item 10 -
Inquiry into the 2019 Local Elections and Liquor Licensing Trust Elections, and
Recent Energy Trust Elections was considered at this time.
The meeting adjourned at 12.20pm and
reconvened at 12.58pm.
Cr W Walker was not present.
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10
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Inquiry
into the 2019 Local Elections and Liquor Licensing Trust Elections, and
Recent Energy Trust Elections
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Cr P Coom had
declared an interest in this item, however, the meeting agreed that there was
no conflict.
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Feedback from
the Kaipātiki, Ōtara-Papatoetoe, Upper Harbour and Waitemāta
local boards was tabled. This has been placed on the official minutes and is
available on the Auckland Council website as a minutes attachment.
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Cr P Coom
left the meeting at 1.32 pm.
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Note: changes
to the motion were incorporated with addition of sub clauses a) i) to iii),
new clause b) and sub clauses b) i) and b) ii) and under clause c).
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MOVED by Mayor P Goff,
seconded by Cr P Young:
That the Governing Body:
a) approve
the draft submission in Attachment A of the agenda report for submitting to
the Justice Committee’s Inquiry into the 2019 Local Elections and
Liquor Licensing Trust Elections, and Recent Energy Trust Elections,
incorporating the following changes:
i)
the removal of section six
ii)
the addition of asking for a review of
elections to bodies with low electoral understanding, interest and voting
turnout for example the Entrust Elections
iii)
note that with the passage of time trust
boundaries no longer align with local government boundaries however the
council does not support a review of boundaries, due to difficulties
associated with changing boundaries and these elections are not connected to
local government elections
note the Birkenhead Licensing Trust opposes any changes to their
boundaries.
b) seek legislative change to:
i) allow
Auckland Council to determine the size of its membership, consistent with
other councils
ii) allow
Auckland Council to consider the creation of Māori wards for the 2025 local government elections which reflect
the provision of Māori electorates
for Parliament.
c) receive
the local board feedback included in Attachment B of the agenda report as
well as the feedback provided by the Kaipātiki, Ōtara-Papatoetoe,
Upper Harbour and Waitemāta local boards and agree that local
board recommendations are appended to the Auckland Council submission.
d) advise
the Justice Committee that the council wishes to present its submission.
e) nominate
a councillor to attend the Justice Committee hearing.
f) authorise
the General Manager Democracy Services, in consultation with the mayor, to
make amendments to the draft submission in line with changes agreed at the
meeting and to make any other changes of an editorial nature.
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Note: during the course
of the debate two amendments were raised in relation to subclause
b) ii) and clause e) which the Chair advised the meeting would be put to the
vote later, before the vote on the substantive motion.
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MOVED by Cr C Fletcher, seconded by Cr D
Newman an amendment by way of
replacement to subclause b) ii):
That the Governing Body:
b)
seek legislative change
to:
ii) seek legislative change to allow Auckland
Council to determine the size of its membership, and create Māori Wards
which reflect the recommendations of the Royal Commission.
A
division was called for, voting on which was as follows:
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For
Cr C Fletcher
Cr D Newman
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Against
Cr J Bartley
Cr C Casey
Deputy Mayor BC Cashmore
Cr L Cooper
Cr C Darby
Cr A Filipaina
Mayor P Goff
Cr S Henderson
Cr R Hills
Cr T Mulholland
Cr G Sayers
Cr D Simpson
Cr S Stewart
Cr J Watson
Cr P Young
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Abstained
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The motion was
declared lost by 2 votes
to 15.
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Subclause b) ii) of the substantive
motion was put at this time.
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Resolution
number GB/2020/13
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
b) seek legislative change to:
ii) allow
Auckland Council to consider the creation of Maori wards for the 2025 local
government elections which reflect the provision of Māori electorates
for Parliament.
A division was called for, voting on which was as
follows:
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For
Cr J Bartley
Cr C Casey
Deputy Mayor BC Cashmore
Cr L Cooper
Cr C Darby
Cr A Filipaina
Mayor P Goff
Cr S Henderson
Cr R Hills
Cr T Mulholland
Cr P Young
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Against
Cr C Fletcher
Cr D Newman
Cr G Sayers
Cr D Simpson
Cr S Stewart
Cr J Watson
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Abstained
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The motion was declared carried by 11 votes to 6.
CARRIED
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Resolution
number GB/2020/14
MOVED by Cr T Mulholland, seconded by Cr L
Cooper an amendment by way of replacement to clause e):
That the Governing Body:
e)
nominate two
councillors to attend the Justice Committee hearing.
CARRIED
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Voting on the substantive motion
continued in parts.
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Resolution
number GB/2020/15
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
a)
approve the draft submission in
Attachment A of the agenda report for submitting to the Justice
Committee’s Inquiry into the 2019 Local Elections and Liquor Licensing
Trust Elections, and Recent Energy Trust Elections, incorporating the
following changes:
i)
the removal of
section six
ii)
the addition of
asking for a review of elections to bodies with low electoral understanding,
interest and voting turnout for example the Entrust Elections
iii) note that with the passage of time trust
boundaries no longer align with local government boundaries however the
council does not support a review of boundaries, due to difficulties
associated with changing boundaries and these elections are not connected to
local government elections.
note the Birkenhead Licensing Trust opposes any changes to their
boundaries.
CARRIED
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Resolution
number GB/2020/16
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
b)
seek legislative change to:
i) allow
Auckland Council to determine the size of its membership, consistent with
other councils.
CARRIED
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Resolution
number GB/2020/17
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
c) receive
the local board feedback included in Attachment B of the agenda report as
well as the feedback provided by the Kaipātiki, Ōtara-Papatoetoe,
Upper Harbour and Waitemāta local boards and agree that local board
recommendations are appended to the Auckland Council submission.
d) advise the Justice Committee that the council wishes to
present its submission.
CARRIED
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Resolution
number GB/2020/18
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
e) nominate
Cr J Bartley and Cr C Darby to attend the Justice Committee hearing.
CARRIED
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Resolution
number GB/2020/19
MOVED by Mayor P Goff, seconded by Cr P Young:
That the Governing Body:
f)
authorise the General Manager
Democracy Services, in consultation with the Mayor, to make amendments to the
draft submission in line with changes agreed at the meeting and to make any
other changes of an editorial nature.
CARRIED
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For clarity, the resolution reads as
follows:
That the Governing Body:
a)
approve the draft submission in Attachment A of the agenda report for
submitting to the Justice Committee’s Inquiry into the 2019 Local
Elections and Liquor Licensing Trust Elections, and Recent Energy Trust
Elections, incorporating the following changes:
i)
the removal of section six
ii)
the addition of asking for a review of
elections to bodies with low electoral understanding, interest and voting
turnout for example the Entrust Elections
iii)
note that with the passage of time trust
boundaries no longer align with local government boundaries however the
council does not support a review of boundaries, due to difficulties
associated with changing boundaries and these elections are not connected to
local government elections.
note the Birkenhead
Licensing Trust opposes any changes to their boundaries.
b) seek
legislative change to:
i) allow
Auckland Council to determine the size of its membership, consistent with
other councils
ii) allow
Auckland Council to consider the creation of Maori wards for the 2025 local
government elections which reflect the provision of Māori electorates
for Parliament.
c) receive
the local board feedback included in Attachment B of the agenda report as
well as the feedback provided by the Kaipātiki, Ōtara-Papatoetoe,
Upper Harbour and Waitemāta local boards and agree that local
board recommendations are appended to the Auckland Council submission.
d) advise
the Justice Committee that the council wishes to present its submission.
e) nominate
Cr J Bartley and Cr C Darby to attend the Justice Committee hearing.
f) authorise
the General Manager Democracy Services, in consultation with the Mayor, to
make amendments to the draft submission in line with changes agreed at the
meeting and to make any other changes of an editorial nature.
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Attachments
a 27 February 2020, Governing Body: Item 10 -
Inquiry into the 2019 Local Elections and Liquor Licensing Trust Elections,
and Recent Energy Trust Elections, Kaipātiki, Ōtara-Papatoetoe,
Upper Harbour and Waitemāta Kaipātiki, Ōtara-Papatoetoe LB
feedback
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11
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Appointment of representatives to Ark in the
Park Governance Group
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Cr S
Stewart left the meeting at 2.38 pm.
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Note: changes
to the original motion were incorporated with the agreement of the meeting.
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Resolution
number GB/2020/21
MOVED by Cr C Fletcher, seconded by Cr T Mulholland:
That
the Governing Body:
a) appoint
Cr W Walker and Cr S Henderson, with Cr L Cooper as an alternate,
to the Ark in the Park Governance Group for the 2019 to 2022 electoral term.
CARRIED
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12
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Auckland Council Submission on Funding
Options for Fire and Emergency NZ
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Resolution
number GB/2020/22
MOVED by Mayor P Goff, seconded by Cr T Mulholland:
That
the Governing Body:
a) approve the submission on funding options for
Fire and Emergency New Zealand (Attachment A of the agenda report)
b) delegate to the chair of the Finance and
Performance Committee and Group Chief Financial Officer to authorise
any minor amendments and corrections to the submission.
CARRIED
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15
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Recommendation to appoint an Acting Chief
Executive and update on Chief Executive recruitment process
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Resolution
number GB/2020/25
MOVED by Cr C Fletcher, seconded by Cr D Simpson:
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.
CARRIED
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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/2020/26
MOVED by Mayor P Goff, seconded by Deputy
Mayor BC Cashmore:
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:
Recommendation to appoint an Acting Chief Executive and update on Chief
Executive recruitment process
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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)(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
a recruitment process for the chief executive, and the committee may
discuss matters relating to the person specification or potential
candidates.
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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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2.49pm 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.
3.00pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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CONFIDENTIAL: Recommendation to
appoint an Acting Chief Executive and update on Chief Executive recruitment
process
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Note: changes
to the original motion were incorporated by the addition of subclause b) i),
with the agreement of the meeting.
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Resolution
number GB/2020/27
MOVED by Mayor P Goff, seconded by Cr A Filipaina:
That the Governing Body:
a) note
the updated timeline for the recruitment of a new Chief Executive
b) agree
that Ms Patricia Reade, Director of People & Performance be appointed as
Acting Chief Executive effective from when Mr Town leaves council until the
term of the new Chief Executive commences:
i) agree
that the acting Chief executive be paid at 86% of the current Chief Executive
salary ($600,000) and for this to be pro-rated for the time she is in the
role.
c) delegate
to the Acting Chief Executive all Council responsibilities, duties, and
powers that were previously delegated to the Chief Executive, and authorise
Ms Reade to have all functions, duties and powers conferred on the chief
executive, or principal administrative officer, of Auckland Council by
statute or otherwise.
Restatement
d) agree
that the decisions only be restated but the report and attachments remain
confidential.
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3.00 pm The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Governing Body HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
