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

 

Date:

Time:

 

Meeting Room:

Venue:

 

 

Thursday, 28 May 2020

11.00am or at the conclusion of the Emergency Committee meeting whichever is later

These meetings will be held remotely and can be viewed on the Auckland Council website

https://councillive.aucklandcouncil.govt.nz/

 

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

 

25 May 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

28 May 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          Adoption of the recommendations of the 21 May 2020 Emergency Committee on Rates and Fees Issues for the Emergency Budget 2020/2021                               11

10        Adoption of recommendations of the 21 May 2020 Emergency Committee on the Annual Budget 2020/2021 Emergency Budget public consultation approach     15

11        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

12        Procedural Motion to Exclude the Public                                                                 17

C1       CONFIDENTIAL:  Recommendations from the Emergency Committee 28 May 2020 on the Adoption of Consultation Material: Emergency Budget Annual Budget 2020/2021                                                                                                                      17  

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

An apology from Cr C Fletcher has 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, 30 April 2020, including the confidential section, as a true and correct record.

 

 

5          Petitions

 

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

 

 

6          Public Input

 

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

 

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

 

 

7          Local Board Input

 

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

 

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

 

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

 

 

 

 

8          Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Governing Body

28 May 2020

 

 

Adoption of the recommendations of the 21 May 2020 Emergency Committee on Rates and Fees Issues for the Emergency Budget 2020/2021

File No.: CP2020/06683

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider recommendations from the Emergency Committee relating to Rates and Fees Issues for the Emergency Budget 2020/2021.

Whakarāpopototanga matua

Executive summary

2.       The Rates and Fees Issues for the Emergency Budget 2020/2021 was considered by the Emergency Committee at its meeting on 21 May 2020.

3.       The Emergency Committee resolved as follows under EME/2020/70 and EME/2020/71:

That the Emergency Committee:

a)           recommend to the Governing Body as part of the final Annual Budget 2020/2021 to:

i)       adopt the changes to pool fencing compliance charges as set out in Table 1 of the report

ii)       amend the Rating mechanism in the Funding Impact Statement to:

A)      increase the waste management base service targeted rate to $141.03 (including GST) subject to consideration of any further feedback

B)      increase the waste management standard refuse rate in the former Auckland City and Manukau City council areas to $141.60 (including GST) and increase the large refuse rate for those areas to $66.55 (including GST) subject to consideration of any further feedback

C)      include a pool fencing compliance targeted rate as per a) above

D)      include a Clevedon wastewater and water connection targeted rate

E)      include the cost of HomeFit assessment ($260 plus GST) in the Retrofit-your-home targeted rate for all new applications of more than $2,000

F)      include a new targeted rate for the One Warkworth BID

G)     include a new targeted rate for the Central Park Henderson BID subject to further engagement with affected businesses

H)      provide for the expansion of the Manukau Central BID

b)           recommend to the Governing Body to adopt

i)          the changes to fees as specified in Attachment A of the agenda report

ii)       the increase in the permit fee for high impact commercial events to $1,500 (including GST) for 2020/2021

iii)      the annual resource consent functions, powers and duties charges for marine farms as specified in Table 2 of this report

c)      recommend to the Governing Body that it agree to amend the Revenue and Financing Policy to identify targeted rates as a funding source for the regulation activity.

 

d)           recommend to the Governing Body that it agrees to:

i)        discontinue the rural sewerage pump-out service and targeted rate for ratepayers in the Henderson-Massey local board area effective from 1 July 2021

ii)       discontinue the rural sewerage pump-out service and targeted rate for ratepayers in the Upper Harbour local board area effective from 1 July 2021, subject to consideration of any further feedback received on this issue

iii)      retain the rural sewerage pump-out service for ratepayers in the Waitākere Ranges Local Board area and increase the targeted rate from 1 July 2021 to recover the full cost of providing the service.

4.       The full report is on the agenda for the Emergency Committee of 21 May 2020 and is available on the Auckland Council website at:  http://infocouncil.aucklandcouncil.govt.nz/

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      as part of the final Annual Budget 2020/2021:

i)        adopt the changes to pool fencing compliance charges as set out in Table 1 of the agenda report

ii)       amend the Rating mechanism in the Funding Impact Statement to:

A)      increase the waste management base service targeted rate to $141.03 (including GST) subject to consideration of any further feedback

B)      increase the waste management standard refuse rate in the former Auckland City and Manukau City council areas to $141.60 (including GST) and increase the large refuse rate for those areas to $66.55 (including GST) subject to consideration of any further feedback

C)     include a pool fencing compliance targeted rate as per a) above

D)     include a Clevedon wastewater and water connection targeted rate

E)      include the cost of HomeFit assessment ($260 plus GST) in the Retrofit-your-home targeted rate for all new applications of more than $2,000

F)      include a new targeted rate for the One Warkworth BID

G)     include a new targeted rate for the Central Park Henderson BID subject to further engagement with affected businesses

H)     provide for the expansion of the Manukau Central BID

b)      adopt:

i)        the changes to fees as specified in Attachment A of the agenda report

ii)       the increase in the permit fee for high impact commercial events to $1,500 (including GST) for 2020/2021

iii)      the annual resource consent functions, powers and duties charges for marine farms as specified in Table 2 of this report

c)      agree to amend the Revenue and Financing Policy to identify targeted rates as a funding source for the regulation activity.

 

 

d)      agree to:

i)        discontinue the rural sewerage pump-out service and targeted rate for ratepayers in the Henderson-Massey local board area effective from 1 July 2021

ii)       discontinue the rural sewerage pump-out service and targeted rate for ratepayers in the Upper Harbour local board area effective from 1 July 2021, subject to consideration of any further feedback received on this issue

iii)      retain the rural sewerage pump-out service for ratepayers in the Waitākere Ranges Local Board area and increase the targeted rate from 1 July 2021 to recover the full cost of providing the service.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

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

Authoriser

Stephen Town - Chief Executive

 

Governing Body

28 May 2020

 

 

Adoption of recommendations of the 21 May 2020 Emergency Committee on the Annual Budget 2020/2021 Emergency Budget public consultation approach

File No.: CP2020/06684

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider recommendations from the Emergency Committee relating to the Annual Budget 2020/2021 Emergency Budget public consultation approach.

Whakarāpopototanga matua

Executive summary

2.       The Annual Budget 2020/2021 Emergency Budget public consultation approach was considered by the Emergency Committee at its meeting on 21 May 2020.

3.       The Emergency Committee resolved as follows:

EME/2020/73

That the Emergency Committee:

a)      agree to recommend to the Governing Body to endorse the recommended engagement approach for further consultation on the Annual Budget 2020/2021, noting:

i)          public consultation will run from 29 May 2020 to 19 June 2020

ii)         feedback can be provided through written, telephone and digital channels

iii)         regional and local reports will be prepared to provide a summary of public feedback received across all channels

iv)        a summary of the final decisions made will be prepared in July and widely communicated.

b)       agree to recommend to the Governing Body to delegate to the following elected members and staff the power and responsibility to engage with the public via online webinar events as part of the consultation approach on proposals for the Annual Budget:

i)          Councillors

ii)         Local board chairs and local board members

iii)         Tier two and tier three staff and any additional staff approved by the Group Chief Financial Officer

4.       The full report is on the agenda for the Emergency Committee of 21 May 2020 and is available on the Auckland Council website at:  http://infocouncil.aucklandcouncil.govt.nz/

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      endorse the engagement approach for further consultation on the Annual Budget 2020/2021, noting:

i)          public consultation will run from 29 May 2020 to 19 June 2020

ii)         feedback can be provided through written, telephone and digital channels

iii)         regional and local reports will be prepared to provide a summary of public feedback received across all channels

iv)        a summary of the final decisions made will be prepared in July and widely communicated.

b)      delegate to the following elected members and staff the power and responsibility to engage with the public via online webinar events as part of the consultation approach on proposals for the Annual Budget:

i)          Councillors

ii)         Local board chairs and local board members

iii)         Tier two and tier three staff and any additional staff approved by the Group Chief Financial Officer.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

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

Authoriser

Stephen Town - Chief Executive

      

 

Governing Body

28 May 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:  Recommendations from the Emergency Committee 28 May 2020 on the Adoption of Consultation Material: Emergency Budget Annual Budget 2020/2021

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 risk 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.