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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 26 March 2020

10.00am

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 Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

23 March 2020

 

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

26 March 2020

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Affirmation                                                                                                                      9

2          Apologies                                                                                                                        9

3          Declaration of Interest                                                                                                   9

4          Confirmation of Minutes                                                                                               9

5          Petitions                                                                                                                          9  

6          Public Input                                                                                                                    9

7          Local Board Input                                                                                                          9

8          Extraordinary Business                                                                                                9

9          Elected Members Expense Policy                                                                             11

10        Proposed membership for the Heritage Advisory Panel                                        41

11        Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Update - emerging risks and issues                                                                                       47

12        Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 26 March 2020                                                            53

13        Review of remuneration of independent members of the Audit and Risk Committee                                                                                                                                       61  

14        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

15        Procedural Motion to Exclude the Public                                                                 63

C1       CONFIDENTIAL: Acquisition of land in Drury South for stormwater management purposes                                                                                                                       63

C2       CONFIDENTIAL:  Review of remuneration of independent members of the Audit and Risk Committee                                                                                                            63  

 


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 Thursday, 27 February 2020 including the confidential section, and the extraordinary minutes of its meeting, held on Tuesday, 24 March 2020, 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

26 March 2020

 

 

Elected Members Expense Policy

File No.: CP2020/00234

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the revised Elected Members Expense Policy (expense policy) for referral to the Remuneration Authority for their approval.

Whakarāpopototanga matua

Executive summary

2.       Each electoral term, the Remuneration Authority (the Authority) requires all councils to adopt an expense policy and forward the adopted policy to the Authority for its approval. 

3.       The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties.  The Authority has set parameters for the following expense reimbursements:

(i)      communications

(ii)      mileage

(iii)     travel time

(iv)    childcare.

4.       The Authority has updated vehicle mileage allowance rates to reflect the new kilometre rates for self-employed people and employees published by the Inland Revenue Department on its website as at 7 June 2019.

5.       There is a change to approval processes so that approval for mayor and deputy mayor expenses is now by the chair of the Audit and Risk Committee. This change has arisen from the Audit and Risk Committee and is in line with Auditor-General guidance and complies with the one-up principle. There are no other changes to provisions for these expenses.

6.       A childcare allowance is a new provision and the council has discretion around if and how this is applied, within the parameters set by the Authority. 

7.       The expense policy also includes rules for the following which relate to sensitive expenditure and there are no recommended changes to these rules:

(i)      travel

(ii)      accommodation

(iii)     professional development

(iv)    hospitality.

8.       The draft Auckland Council Elected Members Expense Policy is attached in Attachment A.

9.       The council’s Head of Assurance Services has reviewed the draft expenses policy and is satisfied it is in compliance with the Local Government Members (2019/20) Determination and appropriate probity standards.

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the feedback from local boards as contained in Attachment B.

b)      adopt the Auckland Council Elected Members Expense Policy as attached in Attachment A for referral to the Remuneration Authority for their approval.

c)      agree that, subject to approval of the Auckland Council Elected Members Expenses Policy by the Remuneration Authority, the provision for childcare allowance is deemed to have commenced at the same time as members’ terms of office.

 

 

Horopaki

Context

10.     The Authority sets the remuneration of elected positions in local government annually.  It also sets the rules for allowances and reimbursement of costs met by members in undertaking their duties.

11.     Each electoral term, the Authority requires all councils to adopt an expense policy and forward the adopted policy to the Authority for its approval. The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties.

12.     The Authority sets some work-related expenses for elected members:

·   the maximum allowances payable by councils to elected members for certain activities, such as transport and communications

·   the criteria for and amounts payable to, elected members sitting on resource consent hearings.

13.     The current expense policy was approved in November 2016.  The Authority has requested the council provide an Elected Members’ Expense Policy to the Authority for its approval at the beginning of this term. 

14.     In the previous term the Authority circulated a discussion paper seeking feedback on a proposed new childcare allowance.  When the Authority issued its formal 2019/20 determination it included the childcare allowance.  The Explanatory Memorandum in the Determination includes:

     “This year, for the first time, the Authority has introduced a childcare allowance for members who have responsibility for caring for children under the age of 14 years. The allowance is a contribution towards expenses incurred by the member for the provision of childcare while the member is engaged on local authority business. The allowance is capped and is subject to certain conditions outlined in clause 14 of this determination.

     Payment of any or all of the allowances is at the discretion of each council. All the allowances included in this determination are reviewed annually.”

15.     The rule about the childcare allowance in the Determination is:

14 Childcare allowance

(1)     A local authority may pay a childcare allowance, in accordance with subclauses (2) and (3), to an eligible member as a contribution towards expenses incurred by the member for childcare provided while the member is engaged on local authority business.

(2)     A member is eligible to be paid a childcare allowance in respect of childcare provided for a child only if—

(a)     the member is a parent or guardian of the child, or is a person who usually has responsibility for the day-to-day care of the child (other than on a temporary basis); and

(b)     the child is aged under 14 years of age; and

(c)     the childcare is provided by a person who—

(i)      is not a family member of the member; and

(ii)      does not ordinarily reside with the member; and

(d)     the member provides evidence satisfactory to the local authority of the amount paid for childcare.

(3)     A local authority must not pay childcare allowances to a member that total more than $6,000 per annum, per child.

(4)     In this regulation, family member of the member means—

(a)     a spouse, civil union partner, or de facto partner:

(b)     a relative, that is, another person connected with the member within 2 degrees of a relationship, whether by blood relationship or by adoption.

16.     The other change in the 2019/2020 Determination relates to vehicle mileage allowance rates to reflect the new kilometre rates for self-employed people and employees published by the Inland Revenue Department on its website as at 7 June 2019.

Tātaritanga me ngā tohutohu

Analysis and advice

Childcare allowance

17.     The major proposed change to the expense policy is to include a provision for childcare allowance in line with the new provision in the Authority’s Determination.

18.     The draft expense policy sent to local boards for their feedback included provision for a childcare allowance based on a member claiming it only for the time the member attends a formal meeting.  Following feedback from the Hibiscus and Bays Local Board that there were practical difficulties with this approach, the childcare provision was reconsidered.

19.     The purpose of the childcare allowance is to acknowledge that this is a cost that is due to the role a member has in undertaking council business. It could be a barrier to people standing as candidates for election.

20.     The practical reality is that where a commercial childcare centre is used, a child is enrolled for defined periods, for example on a weekly basis.  It is not possible to leave a child at a childcare centre just for the duration of a council meeting.

21.     For a governing body member, when the cost of childcare is added up over a full year, based on the number of meetings to be attended and other commitments as an elected member, the total exceeds the $6,000 per annum per child maximum allowance (a Governing Body member role is deemed to be full-time). It is therefore reasonable to apply the full $6,000 allowance rather than require the member to lodge a claim in respect of each childcare event.

22.     The childcare provisions have therefore been re-drafted to require a member to sign a declaration up front about their expected childcare costs arising from their duties attending to council business over the year.  An allowance would be paid to the member on that basis. 

 

 

23.     The draft expense policy includes a guide that Governing Body members and Local Board chairs, being deemed to be full-time, may be eligible for the full annual allowance, local board deputy chairs eligible for sixty percent and local board members eligible for fifty percent.  However, the actual allowance will depend on the individual circumstances which are declared.

24.     It is important to note that the provision is an ‘allowance’ which contributes to costs.  It is not reimbursement of full costs. Full reimbursement requires evidence of personal expenditure, such as receipts.  Another example of an ‘allowance’ is the communication allowance which is payable to a member who uses personal technology.  It is not reimbursement of actual costs but is a set allowance which contributes to meeting the costs. 

25.     The provision for childcare allowances in the draft expense policy is now:

Childcare allowance

 

3.5       Elected members who are the parent, guardian or usually have responsibility for the day to day care of the child may receive the allowance set out in the Remuneration Authority Determination as a contribution towards expenses incurred by the member for childcare provided while the member is engaged on local authority business.

 

3.6       The childcare allowance may only be claimed for childcare not provided by a family member (spouse, civil union partner or de facto partner or any relative that is connected to the members within two degrees of relationship, whether by blood relationship or by adoption) who does not ordinarily reside with the member.

 

3.7       The allowance is only claimable:

 

a)   for children under the age of 14 years

b)   for expenses incurred by the member, net of any subsidies

c)   if the childcare arrangements are to enable the member to undertake council business.

 

3.8       The total that Auckland Council may contribute is $6,000 per annum per child.

 

3.9       Where childcare is arranged just for the duration of the council business, such as when a babysitter is engaged, an hourly rate of up to $20 will be accepted on the basis of a signed receipt or signed logbook.

 

3.10     Where a member arranges childcare with a professional registered company, the member may claim the full annual allowance, or part thereof, as follows:

 

a)      The member will sign a declaration at the commencement of each period in a determination made by the Remuneration Authority, and whenever their childcare arrangements change, setting out the childcare arrangements that they deem to be necessary for them to undertake council business and the related costs. The declaration will include evidence of attendance or enrolment at the childcare centre.

 

b)      As a guide:

 

·    governing body members and local board chairs, being deemed to be full-time, might claim the full annual allowance

·    deputy chairs of local boards might claim sixty percent of the full annual allowance

·    members of local boards might claim fifty percent.

 

3.11     On a case by case basis the General Manager Democracy Services or General Manager Local Board Services may make exceptions to the above provisions within the limits set by the Remuneration Authority or require additional evidence of expenditure.

Other changes to the expense policy

26.     Other changes in the draft expense policy are:

(i)     approvals for the mayor and deputy mayor travel expenses have been changed to the chair of the Audit and Risk Committee, through discussion with the Audit and Risk Committee and council’s auditors

(ii)     an added section on health, safety and well-being which includes access to:

·    flu vaccinations

·    ergonomic assessments

·    personal support services e.g. Employee Assistance Programme.

 

27.     The council’s Head of Assurance Services has reviewed the draft policy and is satisfied it is in compliance with the Local Government Members (2019/20) Determination and appropriate probity standards.

Tauākī whakaaweawe āhuarangi

Climate impact statement

28.     The policy encourages the use of public transport and cycling:

            “Auckland Council promotes public transport and cycling as the preferred ways of moving around Auckland. Elected members are expected to use public transport in the first instance, but may also use their private car or council vehicles when on council business.”

29.     While there are good cost efficiency reasons for this, it also demonstrates climate impact awareness. 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30.     There are no impacts on the wider group.

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

Local impacts and local board views

31.     The draft policy was reported to all local boards.  The feedback from local boards is attached in Attachment B.

32.     All boards supported the draft policy apart from the Rodney and Waitematā Local Boards.  The Rodney Local Board felt that remuneration should be increased for all in order to cover other hardships as well, and that singling out childcare was arbitrary.  The Waitematā Local Board felt the childcare payment should be a reimbursement of actual costs with rates that reflect the minimum living wage.

33.     Some boards sought additional changes.  The Albert-Eden, Puketāpapa and Waitematā Local Boards have requested a mileage allowance for active modes of transport such as cycles and micro-mobility vehicles.  The Remuneration Authority provides a vehicle mileage allowance for petrol, diesel, hybrid and electric vehicles.  The New Zealand Transport Agency defines a bike or a “cycle” as “a vehicle with two or more wheels….”.  Staff are seeking from the Remuneration Authority their advice on the issue raised by local boards regarding active modes of transport.  It is not possible to pay an allowance that is not provided by the Remuneration Authority. 

Tauākī whakaaweawe Māori

Māori impact statement

34.     The childcare allowance recognises that the cost of childcare deters some people from standing for election.  The provision of the allowance may encourage more people, including Māori to consider standing.

Ngā ritenga ā-pūtea

Financial implications

35.     The key difference with the revised policy is the introduction of the childcare allowance. The cost cannot be accurately estimated at this time as factors such as number of children in childcare and for which elected members wish to claim is not known at this time.  Rough calculations put a total cost of childcare allowance to be in the order of $300,000 per annum.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36.     The expenditure that is the subject of this policy is sensitive expenditure. The policy needs to withstand public scrutiny and where there is discretion there needs to be a conservative approach. Staff believe that the conditions placed on reimbursement and the processes for approval are appropriate in this context. 

37.     Staff note that each member’s expenses are provided to the public on the council’s website and that these are audited annually by Audit New Zealand.

Ngā koringa ā-muri

Next steps

38.     Following approval by the Governing Body the policy will be forwarded to the Remuneration Authority for approval.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Elected Members Expense Policy

17

b

Local board feedback

35

      

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Rose Leonard - Executive Officer

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

26 March 2020

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

26 March 2020

 

 


 


 


 


 


Governing Body

26 March 2020

 

 

Proposed membership for the Heritage Advisory Panel

File No.: CP2020/01782

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To confirm membership of the Heritage Advisory Panel for the 2019-2022 term.

Whakarāpopototanga matua

Executive summary

2.       To re-establish the Heritage Advisory Panel in the 2019-2022 term, an open expression of interest process was followed in line with the terms of reference and applications were assessed on the basis of their:

·        association with a heritage sector group or organisation or

·        ability to provide expert advice on built and cultural heritage issues, and

·        understanding of the heritage sector of Auckland. 

3.       The terms of reference states that the mayor appoints panel members with the endorsement of the governing body to give effect to the membership of the panels.

4.       A total of 29 applications were received. These were reviewed to identify a balance of experts and community advocates and some diversity with respect to geographic spread, age and ethnicity.

5.       Subject to endorsement of the proposed membership, the inaugural Heritage Advisory Panel meeting has been provisionally scheduled for 7 April 2020.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      endorse the proposed membership of the Heritage Advisory Panel:

·        Alexander Jorgensen: Expert - law / archaeology / iwi engagement

·        Bridget Graham: Community Advocate Onehunga

·        Caleb Hamilton: Expert - cultural heritage

·        Dave Veart: Expert – Archaeology

·        Elizabeth Aitken Rose: Expert – university lecturer / planner

·        John Burns: Expert – legal

·        Lisa Truttman: Expert – consultant historian

·        Margot McRae: Community Advocate Devonport

·        Nicola Short: Expert – built heritage

·        Noelene Buckland: Community Advocate CBD

·        Sally Hughes: Community Advocate Character Coalition

·        Sherry Reynolds: Heritage NZ

 

 

·        Steve Bielby: Expert – Property Development

·        to be identified: Students x 2

b)      endorse the recommendation that the terms of reference be updated so that as long as the panel continues, a full open selection process be undertaken every two terms.

 

Horopaki

Context

6.       Auckland Council recognises that historic heritage contributes significantly to Auckland’s quality of life. The protection and management of the region’s historic heritage is a matter that Auckland’s communities are passionate about.

7.       The re-establishment of the Heritage Advisory Panel in the 2019-2022 term with a membership of community representatives and leading professionals is expected to raise the profile of historic heritage both within the council and among the public. This panel will advise the council to build a shared understanding of how the historic heritage of Auckland should be identified, managed, protected, conserved, appreciated and celebrated.

8.       The focus of the Heritage Advisory Panel is on historic heritage which includes cultural heritage, historic sites, structures, places, objects and areas and their surrounds, and archaeological sites.

9.       Previously, membership of the panel has been rolled over with this being the first occasion since the panel’s inception that nominations have been called for. It is recommended that a refresh is now carried out every two terms should the panel continue in future terms.

10.     The terms of reference outlines that the selection of panel members will follow an open process and that members of the panel are selected on the basis of their:

·        association with a heritage sector group or organisation or

·        ability to provide expert advice on built and cultural heritage issues, and

·        understanding of the heritage sector of Auckland. 

11.     The terms of reference states that the mayor appoints panel members with the endorsement of the governing body to give effect to the membership of the panels.

12.     An expression of interest process was promoted to previous panel members, the heritage sector and was publicised alongside recruitment for the demographic advisory panels to give it wider exposure to the community. Applications were open from early December 2019 and closed on 10 January 2020.

13.     A total of 29 applications were received. The terms of reference allow for between 10-16 members including at least two members with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities in Auckland.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     The following factors were considered when reviewing applications:

·        previous membership - balancing the desire to retain some experience while refreshing the membership

·        need to have a balance of experts and community advocates

·        members’ ability to contribute to the expected work programme

·        the range of skills desirable within the panel

·        the geographic spread of panel members

·        diversity with respect to age and ethnicity.

15.     The mayor proposes the make-up of the Heritage Advisory Panel is:

·    four community advocates from the Character Coalition, CBD, Devonport and Onehunga

·    eight experts covering archaeology, legal, built heritage, consultant historian, cultural heritage, expert law / archaeology / iwi engagement and university lecturer.

·    a Heritage NZ representative.

·    two university students (to be identified).

16.     Of the seven previous panel members who applied to rejoin the panel, it is recommended that five be reappointed as they have skills or attributes that are not otherwise available within the pool of applicants.

17.     Of the five community advocates who applied to join the panel, it is recommended that three be appointed to represent different geographic locations.

18.     Of the seventeen experts who applied to join the panel, it is recommended that five be appointed to complement other skills and expertise already within the panel.

19.     In addition, two places within the panel have been reserved for university students which leaves one place should an additional member with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities in Auckland be identified.

20.     The mayor proposes the following membership of the panel:

Panel member

Background

Alexander Jorgensen

Expert - law / archaeology / iwi engagement

Bridget Graham

Community Advocate Onehunga

Caleb Hamilton

Expert - cultural heritage

Dave Veart

Expert – Archaeology

Elizabeth Aitken Rose

Expert – university lecturer / planner

John Burns

Expert – legal

Lisa Truttman

Expert – consultant historian

Margot McRae

Community Advocate Devonport

Nicola Short

Expert – built heritage

Noelene Buckland

Community Advocate CBD

Sally Hughes

Community Advocate Character Coalition

Sherry Reynolds

Heritage New Zealand

Steve Bielby

Expert – Property Development

To be identified

Students x 2

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     This report is procedural in nature and any climate impacts will be negligible. The report is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will be considered in future advisory board recommendations.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     The advisory panel has received presentations from council-controlled organisations during the previous term including from Panuku Development Auckland and Auckland Transport. These have been initiated both by the council-controlled organisations and have been requested by the panel. There have been a range of matters discussed and it is anticipated that this will continue.

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

Local impacts and local board views

23.     While the panel offers strategic advice on regional issues primarily to the governing body and staff, panel members have previously welcomed the opportunity to engage with local boards through their meetings.

24.     Local board members have often been present at meetings particularly when an issue was on the agenda that was relevant to their area. The previous chair’s practise was to directly seek their views as well as include them in the discussion.

25.     In the first term of the panel a six-monthly meeting was set aside where all the local board heritage champions were invited to raise issues directly with the panel.

26.     These previous initiatives will be raised with the panel to see how they wish to engage with local boards.

27.     Local board members may also directly engage with the panel to seek strategic advice on heritage matters.

Tauākī whakaaweawe Māori

Māori impact statement

28.     The terms of reference allow for two panel members with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities in Auckland. Targeted promotion of the opportunity was carried out through Te Waka Anga Mua and the Māori Heritage team.

Ngā ritenga ā-pūtea

Financial implications

29.     Advisory Panel members are paid a meeting fee and expenses unless they are already paid by their organisation. This is covered under the existing Advisory Panel budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     The protection and management of the region’s historic heritage is a matter that Auckland’s communities are passionate about so the risk of not re-establishing the Heritage Advisory Panel could lead to significant dissatisfaction within the community. 

Ngā koringa ā-muri

Next steps

31.     The panel’s inaugural meeting is provisionally scheduled for 7 April 2020.

 


 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol Hayward - Principal Advisor Panels

Noel Reardon - Manager Heritage

Authorisers

Rose Leonard - Executive Officer

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

26 March 2020

 

 

Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Update - emerging risks and issues

File No.: CP2020/03024

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the Health, Safety and Wellbeing Update – emerging risks and issues referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.       The Audit and Risk Committee considered the Health, Safety and Wellbeing Update – emerging risks and issues at its meeting on 24 February 2020.

3.       The Audit and Risk Committee resolved as follows:

“Resolution number AUD/2020/5

That the Audit and Risk Committee:

a)      note the council’s response to the novel coronavirus threat and challenges for frontline staff facing antisocial behaviour from members of the public

b)      refer this report to the Governing Body and draw the attention of elected members to their duties under the Health and Safety at Work Act 2015

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

4.       Clause b) 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.       The original Health, Safety and Wellbeing Update – emerging risks and issues to the Audit and Risk Committee is appended as Attachment A to this report.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the report and the responsibility of elected members with regards to their duties under the Health and Safety at Work Act 2015

b)      note that the report has been provided to all local boards for their information.

 

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report to the Audit and Risk Committee on 24 February 2020

49

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 March 2020

 

 

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Governing Body

26 March 2020

 

 

Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 26 March 2020

File No.: CP2020/00201

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme appended as Attachment A.

2.       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

3.       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.

4.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

4/3/20

Local Government New Zealand Paper on Localism.

Further feedback was presented to Local Government New Zealand in conjunction with the Auckland Zone meeting held on 13 March 2020

 

5.       These documents can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

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)      note the progress on the forward work programme appended as Attachment A of the agenda report

b)      receive the Summary of Governing Body information memoranda and briefings – 26 March 2020.

 

 


 

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

55

b

Workshop Notes:  Local Government New Zealand Paper on Localism (Under Separate Cover)

 

c

Further feedback to Local Government New Zealand on localism  (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Stephen Town - Chief Executive

 


Governing Body

26 March 2020

 

 

 

Tira Kāwana / Governing Body
Forward Work Programme 2020

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

Area of work and Lead Department

Reason for work

Committee role

(decision and/or direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2020

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Americas Cup 2021

Locations, infrastructure and funding

Decisions to approve locations, infrastructure and funding

As and when required

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment of Chief Executive

Statutory requirement

Decision around process to recruit a new chief executive

Decision to appoint a new chief executive

 

Progress to date:

Open Process Report and Restatement to Appoint an Acting Chief Executive and update on Chief Executive recruitment process February 2020
Link to decision
Link to Restatement

 

 

 

 

 

 

 

 

 

 

 

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget (Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

 

 

 

 

 

 

 

 

 

 

 

10-year Budget (Long-term Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt the 10-year Budget (Long-term Plan)

 

 

 

 

 

 

 

 

 

 

 

 

Annual Report

Statutory requirement

Decision to adopt the Annual Report

 

 

 

 

 

 

 

 

 

 

 

 

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decisions to note the forward work programmes

 

 

 

 

 

 

 

 

 

 

 

 

Review of Code of Conduct

The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions

Decision to adopt new Elected Members Code of Conduct

 

 

 

 

 

 

 

 

 

 

 

 

 

Environmental Services

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

 

Progress to date:

Appointment of councillor representatives February 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

As and when required

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process.

This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).

The Governing Body is also required to adopt the final plan.

Decision to adopt Operations Plan and summary

 

Progress to date:

Adopt draft plan and summary for consultation February 2020
Link to decision

 

 

Consultation documents

 

 

 

 

 

 

 

 

 

 

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

 

 

 

 

 

 

 

 

 

 

 

Alcohol Control Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

Proposal

 

 

 

 

Animal Management Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Cemeteries and Crematoria Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

Proposal

 

 

 

 

Food Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Freedom Camping

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Navigation Safety Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

Proposal

Outdoor Fire Safety Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Trading and Events Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Solid Waste Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayoral Housing Taskforce Steering Group

Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report.

Decision to setup, agree and approve membership of group

Decision to receive six-monthly updates

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

 

 

Deferred to April

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body

 

 

 

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

As and when required

Local government elections

Evaluation of 2019 election and preparation for 2022 election

Consider evaluation report of 2019 election

Decision on submission to Justice Select Committee Inquiry into 2019 election

Decision on voting system for the 2022 election and whether to establish Māori wards

 

Progress to date:

Decision on evaluation and Māori wards February 2020
Link to decision

Decision on submission in Inquiry into 2019 election February 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Elected members expense policy

Responsibility to adopt expense policy rules for Remuneration Authority approval

Decision on elected members expense policy

 

 

 

 

 

 

 

 

 

 

 

 

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

 

Deferred to April

 

 

 

 

 

 

 

 

 

 

 



Governing Body

26 March 2020

 

 

Review of remuneration of independent members of the Audit and Risk Committee

File No.: CP2020/03416

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To inform the Governing Body of the process followed to review the remuneration of the external members of the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.       In the confidential agenda of today’s meeting of the Governing Body, there is a report tabled with respect to the review of the remuneration of external members of the Audit and Risk Committee. That report sets out how the review was performed and makes recommendations to the Governing Body as to the remuneration of the external members.

3.       That report is in the confidential section of the agenda, as it contains private information pertaining to the external members’ remuneration.

4.       There are three external appointments to the Committee – Ms. Sue Sheldon (Chair) and Mr. Bruce Robertson and Mr. Paul Conder (Members).

5.       The remuneration of the external members of the Committee was last reviewed in 2013.

6.       In performing this review, we have considered the following factors, which is consistent with the guidance issued by the Cabinet Office as contained in the Revised fees Framework for members appointed to bodies in which the Crown has an interest”. (CO (19) 1 – updated 29 January 2020):

·    Fees should fairly compensate the external members and reflect the amount of time involved in preparation and meeting attendance to discharge their duties.

·    Fees should be set on a fair but conservative basis to reflect a discount for the element of public service involved.

·    The Chair has additional responsibilities to discharge. Remuneration paid to the Chair should reflect this additional responsibility.

·    Fees should reflect the complexity of issues the external appointees are required to consider and advise on, together with the expertise and experience to perform this role.

·    The period that has elapsed since the fees were last reviewed.

7.       The approach to the review was:

·    An assessment of what the Auckland Council external chair and members have been remunerated over the past three years, and the basis for that remuneration.

·    Benchmarking to the private sector (NZX listed companies), considering conservatism to reflect the public sector dimension.

·    Benchmarking to other local government entities in New Zealand (with a premium for Auckland to reflect its size and complexity).

·    A recognition of the quality of senior expertise provided by the external members.

·    A recognition of the premium that should be applied to the Chair role, to reflect that is where the greatest responsibility for the role and process occurs - in line with all other governance roles, where the chair rate is typically twice the remuneration of other members.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that there is a confidential report included in the agenda which contains information on remuneration of external members of the Audit and Risk Committee.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Mark Maloney - Head of Internal Audit

Emma Mosely - Head of Assurance Services

Authorisers

Phil Wilson - Governance Director

Stephen Town - Chief Executive

      

 


Governing Body

26 March 2020

 

 

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: Acquisition of land in Drury South for stormwater management purposes

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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 relating to land acquisition that could prejudice the council's position in discussions with landowners and stormwater suppliers.

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:  Review of remuneration of independent members of the Audit and Risk Committee

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 information that is private to the independent appointed members of the Audit and Risk Committee.

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.