Te Kāhui Ngārahu / Emergency Committee

OPEN MINUTES

Minutes of a meeting of the Emergency Committee held remotely on Thursday, 16 April 2020 at 10.02am.  The meeting can be viewed on the Auckland Council website at https://councillive.aucklandcouncil.govt.nz/

present

Mayor	Hon Phil Goff, CNZM, JP
Deputy Mayor	Deputy Mayor Cr Bill Cashmore
Councillors	Cr Josephine Bartley
	IMSB Member Renata Blair	Left the meeting during the confidential section
	Cr Dr Cathy Casey
	Cr Fa’anana Efeso Collins
	Cr Pippa Coom
	Cr Linda Cooper, JP
	Cr Angela Dalton
	Cr Chris Darby
	Cr Alf Filipaina
	Cr Christine Fletcher
	Cr Shane Henderson
	Cr Richard Hills
	Cr Tracy Mulholland
	Cr Daniel Newman, JP
	Cr Greg Sayers
	Cr Desley Simpson, JP
	Cr Sharon Stewart, QSM
	IMSB Chair David Taipari
	Cr Wayne Walker
	Cr John Watson
	Cr Paul Young

Note:   All members attended the meeting via electronic link.

Emergency Committee 16 April 2020

1          Apologies

There were no apologies.

2          Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number EME/2020/18

MOVED by Mayor P Goff, seconded by Deputy Mayor BC Cashmore:

That the Emergency Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 9 April 2020, including the confidential section, as a true and correct record.

CARRIED ON VOICES

4          Petitions

There were no petitions.

5          Public Input

5.1	Public Input:  Auckland Ratepayers' Alliance - the impact of the current financial situation on ratepayers
	A presentation was given in support of the item.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Resolution number EME/2020/19 MOVED by Mayor P Goff: That the Emergency Committee: a)         receive the public input from Jordan Williams and Jo Holmes on behalf of the Auckland Ratepayers’ Alliance regarding the impact of the current financial situation on ratepayers and thank them for their attendance. CARRIED ON VOICES
	Attachments a     16 April 2020, Emergency Committee:  Item 5.1 - Public Input:  Auckland Ratepayers' Alliance - the impact of the current financial situation on ratepayers, Presentation

6          Local Board Input

There was no local board input.

7          Extraordinary Business

7.1

Extraordinary Business - Auckland International Airport (AIA) Share Purchase Plan (SPP)

Resolution number EME/2020/20 MOVED by Cr C Darby, seconded by Mayor P Goff: That the Emergency Committee: a)         consider an extraordinary item ‘Auckland International Airport (AIA) Share Purchase Plan (SPP)’ at Item 11 – Consideration of Extraordinary Items of this agenda, noting: i)          the reason the matter was not on the agenda is because management has not informed or provided advice to councillors on the management of council’s strategic stake in Auckland International Airport, as outlined in the Auckland Airport Shareholding Policy, and ii)         the reason why this matter cannot be delayed until a subsequent meeting is: A)        Councillors have received no advice or information on Auckland International Airport’s Share Purchase Plan B)        Council’s interest in Auckland International Airport is managed under the Auckland Airport Shareholding Policy, with the key objective to; ‘maintain a strategic stake in Auckland Airport as an important national and regional asset’ C)        the policy further states ‘The council will decide whether or not to participate in rights and securities issues on a case by case basis’ D)        further delays in decision-making risk erosion of council’s strategic stake E)        the matter is time critical due to closure dates in the Share Purchase Plan timetable being imminent. CARRIED ON VOICES

8	COVID-19 briefing and Auckland Emergency Management status update
	Resolution number EME/2020/21 MOVED by Mayor P Goff, seconded by Deputy Mayor BC Cashmore: That the Emergency Committee: a)      receive the report and thank Ian Maxwell, Director Executive Programmes and Mace Ward, Group Controller, Auckland Emergency Management for the briefing on the COVID-19 pandemic and the Auckland Emergency Management status update. CARRIED ON VOICES

9	Submission on the Local Government (Rating of Whenua Māori) Amendment Bill
	Resolution number EME/2020/22 MOVED by Mayor P Goff, seconded by Cr A Filipaina: That the Emergency Committee: a)      agree to defer the item to a subsequent meeting given the new deadline date of 17 May 2020 for submissions. CARRIED ON VOICES

10

Auckland Council submission on the Accessible Streets Regulatory Package

A presentation was given in support of the item.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number EME/2020/23

MOVED by Cr P Coom, seconded by Cr C Darby:

That the Emergency Committee:

a)      approve Auckland Council’s submission (Attachment A of the agenda report) on the Accessible Streets Regulatory Package which supports the intention of the package but requests that:

i)       amendments be made to some of the proposals

ii)      Waka Kotahi and/or the Ministry of Transport continue work to resolve some remaining issues outside of the scope of the package

b)      delegate authority to the Chair and Deputy Chair of the Planning Committee and an Independent Māori Statutory Board member to authorise any minor amendments and corrections to finalise the submission on the Accessible Streets Regulatory Package.

A division was called for, voting on which was as follows:

For Cr J Bartley IMSB Member R Blair Cr C Casey Deputy Mayor BC Cashmore Cr E Collins Cr P Coom Cr L Cooper Cr A Dalton Cr C Darby Cr A Filipaina Cr C Fletcher Mayor P Goff Cr S Henderson Cr R Hills Cr D Newman Cr G Sayers IMSB Chair D Taipari Cr J Watson Cr P Young

Against

Abstained Cr T Mulholland Cr D Simpson Cr S Stewart Cr W Walker

The motion was declared carried by 19 votes to 0.

CARRIED

Note:   In voting for the motion and pursuant to Standing Order 1.8.6, the following councillors requested their dissenting votes be recorded against proposal 2 relating to footpath prohibitions:

Cr L Cooper

Cr S Henderson

Cr J Watson

Attachments

a     16 April 2020, Emergency Committee:  Item 10 - Auckland Council submission on the Accessible Streets Regulatory Package, Presentation

11        Consideration of Extraordinary Items

11.1

Auckland International Airport (AIA) Share Purchase Plan (SPP)

A supporting document had been circulated prior to the meeting.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Note:   changes to the original motion were incorporated after discussion and with the agreement of the mover.

The motion was put in parts.

Resolution number EME/2020/24

MOVED by Cr C Darby, seconded by Cr J Bartley:

That the Emergency Committee;

a)         record that prior to this extraordinary business item the Emergency Committee has not received any advice from management on the Auckland International Airport Placement and Share Purchase Plan, and have made no decisions related to either.

A division was called for, voting on which was as follows:

For Cr J Bartley IMSB Member R Blair Cr C Casey Cr E Collins Cr P Coom Cr A Dalton Cr C Darby Mayor P Goff Cr R Hills Cr D Simpson Cr S Stewart IMSB Chair D Taipari Cr W Walker Cr J Watson Cr P Young

Against Deputy Mayor BC Cashmore Cr L Cooper Cr A Filipaina Cr C Fletcher Cr S Henderson Cr T Mulholland Cr D Newman Cr G Sayers

Abstained

The motion was declared carried by 15 votes to 8.

CARRIED

MOVED by Cr C Darby, seconded by Cr J Bartley:

b)         request the chief executive provide a comprehensive briefing on the Placement and Share Purchase Plan, as soon as possible, including examination of options whereby council could maintain or improve its strategic holding, including making a formal request to Auckland International Airport seeking a second opportunity to take up a proportionate share of the Placement at the placement price of $NZ4.66.

A division was called for, voting on which was as follows:

For Cr J Bartley Cr P Coom Cr C Darby

Against IMSB Member R Blair Cr C Casey Deputy Mayor BC Cashmore Cr E Collins Cr L Cooper Cr A Dalton Cr A Filipaina Cr C Fletcher Mayor P Goff Cr S Henderson Cr R Hills Cr T Mulholland Cr D Newman Cr G Sayers Cr D Simpson Cr S Stewart IMSB Chair D Taipari Cr W Walker Cr J Watson Cr P Young

Abstained

The motion was declared lost by 3 votes to 20.

Resolution number EME/2020/25

MOVED by Cr C Darby, seconded by Cr J Bartley:

c)         request council officials provide a report to the Governing Body, addressing the need for Auckland Council to exercise improved oversight of Auckland International Airport, including consideration of seeking a director position on the Auckland International Airport board.

A division was called for, voting on which was as follows:

For Cr J Bartley IMSB Member R Blair Cr E Collins Cr P Coom Cr A Dalton Cr C Darby Cr C Fletcher Mayor P Goff Cr S Henderson Cr R Hills Cr T Mulholland Cr G Sayers Cr D Simpson Cr S Stewart IMSB Chair D Taipari Cr W Walker Cr J Watson Cr P Young

Against Cr C Casey Deputy Mayor BC Cashmore Cr L Cooper Cr A Filipaina Cr D Newman

Abstained

The motion was declared carried by 18 votes to 5.

CARRIED

MOVED by Cr C Darby, seconded by Cr J Bartley:

d)         request that the Auckland Airport Shareholding Policy be reviewed, taking into account lessons from Auckland International Airport’s equity raising, with a report brought to the Governing Body for consideration

A division was called for, voting on which was as follows:

For Cr J Bartley Cr C Casey Cr E Collins Cr P Coom Cr C Darby Mayor P Goff Cr R Hills Cr G Sayers Cr W Walker Cr J Watson

Against IMSB Member R Blair Deputy Mayor BC Cashmore Cr L Cooper Cr A Dalton Cr A Filipaina Cr C Fletcher Cr S Henderson Cr T Mulholland Cr D Newman Cr D Simpson Cr S Stewart IMSB Chair D Taipari Cr P Young

Abstained

The motion was declared lost by 10 votes to 13.

MOVED by Cr C Darby, seconded by Cr J Bartley:

e)         request the Mayor write to the chair and chief executive of Auckland International Airport expressing council’s concern for the apparent failure to properly consider and safeguard Auckland Council’s long standing strategic shareholding in Auckland International Airport, when arriving at their preferred equity raising plan.

A division was called for, voting on which was as follows:

For Cr J Bartley Cr E Collins Cr P Coom Cr C Darby Cr A Filipaina Cr R Hills Cr W Walker Cr J Watson

Against IMSB Member R Blair Cr C Casey Deputy Mayor BC Cashmore Cr L Cooper Cr A Dalton Cr C Fletcher Mayor P Goff Cr S Henderson Cr T Mulholland Cr D Newman Cr G Sayers Cr D Simpson Cr S Stewart IMSB Chair D Taipari Cr P Young

Abstained

The motion was declared lost by 8 votes to 15.

For clarity, the resolution reads as follows:

a)         record that prior to this extraordinary business item the Emergency Committee has not received any advice from management on the Auckland International Airport Placement and Share Purchase Plan, and have made no decisions related to either

and

c)         request council officials provide a report to the Governing Body, addressing the need for Auckland Council to exercise improved oversight of Auckland International Airport, including consideration of seeking a director position on the Auckland International Airport board.

Attachments

a     16 April 2020, Emergency Committee:  Item 11.1 - Auckland International Airport (AIA) Share Purchase Plan (SPP), Supporting document

12        Procedural motion to exclude the public

Resolution number EME/2020/26

MOVED by Mayor P Goff, seconded by Cr D Simpson:

That the Emergency Committee:

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:  Financial position and Annual Budget 2020/2021 Update

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 around potential financial implications and emerging financial risks of COVID-19 in a highly uncertain environment. The release of this information could prejudice the position of the council and CCOs in sensitive commercial arrangements and negotiations	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.

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

2.18pm            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.

7.28pm            The public was re-admitted.

restatementS

It was resolved while the public was excluded:

C1	CONFIDENTIAL:  Financial position and Annual Budget 2020/2021 Update
	Resolution number EME/2020/27 MOVED by Mayor P Goff, seconded by Cr D Simpson: p)         confirm that there be no restatement of the confidential report or the resolutions at this time.

7.28pm                                               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 Emergency Committee HELD ON

DATE:.........................................................................

CHAIRPERSON:........................................................