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For clarity
resolution is as follows:
That the Governing Body:
a) note that expectations to reduce or avoid social interaction, as
part of the country’s response to the COVID-19 epidemic, restrict
physical attendance at meetings of the governing body and its committees and
sub-committees
b) note that Standing Order 3.3.3 provides for a member to attend a
meeting by audio or audiovisual link in emergencies and if approved by the
governing body or committee
c) approve attendance at any meeting of the governing body or its
committees (and sub-committees) by audio or audiovisual link for any member
of the governing body (or relevant committee) during the period of the
COVID-19 response period
d) note that at the time of writing this report, an Order in Council
under the Epidemic Preparedness Act 2006 is imminent which will make all
members, whether attending physically or by audio-visual or audio link count
towards a quorum
e) establish a temporary Emergency Committee of the whole of the
governing body, to assume the functions and power of all governing body
committees (and sub-committees), except for the Audit and Risk Committee and
that the Terms of Reference for the temporary Emergency Committee will
include the following:
i) agree the quorum will comprise two members of the governing
body. All of the governing body may participate in the meeting by audio
or audio-visual link
ii) agree the mayor and deputy mayor will be the chair and deputy
chair of the committee respectively. In the absence of either being available
the meeting will elect a chair.
iii) agree that meetings of the
temporary Emergency Committee will generally be held weekly
iv) agree the Independent Māori Statutory Board may appoint up
to two members to sit on the temporary Emergency Committee to vote on items
that would under normal circumstances have been decided on by a committee
where they were a member. Those members to be the chair and one other
nominated by the chair of the Independent Māori Statutory Board
f) agree that the temporary Emergency Committee be established
immediately
g) note that for the period when the Emergency Committee is in
operation, it will be deemed to be the statutory committee required under
s12(i) of the Civil Defence and Emergency Management Act 2002 (CDEM) Act ,
and will have all the functions and powers of the Civil Defence and Emergency
Management Committee as set out in the Governing Body terms of
reference. Those functions and powers will revert to the Civil Defence
and Emergency Management Committee when the emergency committee is deemed to
be discharged in accordance with clause l)
h) adopt the Terms of Reference for the temporary Emergency Committee
provided in Attachment A of the agenda report
i) delegate all the functions and powers of the governing body that
can legally be delegated to the temporary Emergency Committee when in
operation other than those in the Audit and Risk Committee
j) note, for the avoidance of doubt, and unless an Order in Council
states otherwise, that when a decision is required that can only be made by
the full Governing Body (such as one of those set out in clause 32(1) of
Schedule 7 of the Local Government Act 2002) a meeting of the Governing Body
will need to be held.
k) agree that, if a temporary Emergency Committee is established, all
scheduled meetings of all other committees (except Audit and Risk Committee)
will be suspended during the period the temporary Emergency Committee is in
operation
l) authorise the mayor, deputy mayor on recommendation of the chief
executive, to decide the end of the period during which the temporary
Emergency Committee arrangements will operate and agree that at that point
the temporary Emergency Committee will be deemed to be discharged
m) agree that in the event there is a legislative change to enable
those attending by electronic link to be counted as part of the quorum, amend
standing order 3.3.2 from[9]:
Members who attend meetings by electronic link will
not be counted as present for the purposes of a quorum.
However, if the meeting otherwise has a quorum,
then the member attending by electronic link can vote on any matters raised
at the meeting.
to the following:
Members who attend meetings by electronic link will
be counted as present for the purposes of a quorum.
The member attending by electronic link can vote on
any matters raised at the meeting.
n) amend standing orders by inserting a new Standing Order 3.3.10 as
follows[10]::
Attendance of non-members by
electronic link
A person other than a member of the Governing Body,
or the relevant committee, may participate in a meeting of the Governing Body
or committee by means of audio link or audio-visual link in emergencies if
the person is otherwise approved to participate under these standing orders
(such as under Standing Order 6.2 “Local board input” or 7.7
“Public input”.
o) amend standing orders by amending Standing Order 3.3.5, in
relation to a chairperson’s duties in regard to attendance by
electronic link[11]:,
as follows:
Chairperson’s
duties
Where a member is attending a meeting by electronic
link, the chairperson must ensure that:
a) the
technology for the link is available and of suitable quality
b) procedures
for using the technology in the meeting will ensure that:
(i) everyone
participating in the meeting can hear each other
(ii) the
member’s attendance by electronic link does not reduce their
accountability or accessibility in relation to the meeting
(iii) the
requirements of Part 7 of the Local Government Official Information and
Meetings Act 1987 are met
(iv) the
requirements in these standing orders are met
(v) the
member is able to indicate the member’s vote
p) agree to change
Auckland Council’s Standing Orders to provide full discretion to the
chair of the Emergency Committee to decline public input requests[12]
q) agree to establish a COVID-19 Contingency Fund of $22.5 million to
enable the Chief Executive to commit the council to any urgent expenditure
required to respond to COVID-19 or its impacts, with any expenditure to be
subsequently reported back at an appropriate opportunity.
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