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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 25 June 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

 

22 June 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

25 June 2020

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Affirmation                                                                                                                      7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Petitions                                                                                                                          7  

6          Public Input                                                                                                                    7

7          Local Board Input                                                                                                          7

8          Extraordinary Business                                                                                                8

9          Report from Watercare on Water Shortage (Covering report)                                 9

10        Update on water matters (Covering report)                                                              11

11        Referred from the Audit and Risk Committee - Enterprise Risk COVID-19 Update 13

12        Local Government New Zealand Annual General Meeting                                     85

13        Standing Orders - Attendance by Electronic Link                                                   89

14        Nomination to University of Auckland Animal Ethics Committee                         95

15        Shareholder comments on revised draft CCO Statements of Intent, 2020-2023 (Covering report)                                                                                                         99

16        Appointments to board of City Rail Link Limited                                                  101

17        Board Appointments: Manukau Beautification Charitable Trust and COMET Auckland                                                                                                                     105

18        Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 25 June 2020                                                            109

19        Summary of Confidential Decisions and related information released into Open 117  

20        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

21        Procedural Motion to Exclude the Public                                                               119

C1       CONFIDENTIAL:  Nomination to University of Auckland Animal Ethics Committee                                                                                                                                     119

C2       CONFIDENTIAL:  Appointments to board of City Rail Link Limited                    119

C3       CONFIDENTIAL: Board Appointments - Manukau Beautification Charitable Trust and COMET Auckland                                                                                               119  

 


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, 28 May 2020 and the extraordinary minutes of its meeting, held on Tuesday, 9 June 2020, including the confidential sections, 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

25 June 2020

 

 

Report from Watercare on Water Shortage (Covering report)

File No.: CP2020/08375

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on immediate actions to address the water shortage.

Whakarāpopototanga matua

Executive summary

2.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 25 June 2020 Governing Body meeting.

Ngā tūtohunga

Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 

 

 


Governing Body

25 June 2020

 

 

Update on water matters (Covering report)

File No.: CP2020/08379

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To clarify roles and responsibilities with respect to water and to direct investigation of ways to encourage the use of rain tanks, particularly in the suburban part of Auckland.

Whakarāpopototanga matua

Executive summary

2.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 25 June 2020 Governing Body meeting.

Ngā tūtohunga

Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 

 

 


Governing Body

25 June 2020

 

 

Referred from the Audit and Risk Committee - Enterprise Risk COVID-19 Update

File No.: CP2020/08013

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval by Audit and Risk Committee of the refreshed Enterprise Risk Framework and Council’s Risk Appetite Statement; and

2.       To receive update on risk management activities at Auckland Council for the COVID-19 pandemic response period March - May 2020.

3.       Referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

4.       The Audit and Risk Committee considered the Enterprise Risk COVID – 19 Update at its meeting of 26 May 2020.

5.       The Audit and Risk Committee resolved as follows:

Resolution number AUD/2020/24

MOVED by Chairperson S Sheldon, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)      approve the Enterprise Risk Framework and Council Appetite Statement. 

b)      note the risk activities and enterprise top risk update following the COVID-19 pandemic.

c)      note the financial management risk and emergency budget/annual plan process update.

d)      note that the Chair of the Audit and Risk Committee has maintained independent oversight and provided feedback to management on the approach and process informing the decision-making process and preparation of the emergency budget consultation materials.  This was to ensure the process and assumptions used to generate the Emergency Budget 2020/2021 (annual plan 2020/2021) remain reasonable.

e)      agree that an update on the financial management risks, the Emergency Budget 2020/2021 and Long-term Plan processes will be provided to the next Audit and Risk Committee on 24 August 2020.

f)       refer the Enterprise Risk COVID-19 Risk Update report to the Emergency Committee, Governing Body and Finance and Performance Committee (as appropriate).

3.       The original Enterprise Risk COVID-19 Update report is appended and Attachment A to this report.

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the update on risk management activities at Auckland Council for the COVID-19 pandemic response period March- May 2020.

b)      note that top risks and reporting related to the COVID-19 pandemic, will continue to be referred from the Audit and Risk Committee to the Governing Body.

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Enterprise Risk COVID-19 Update 26 May 2020

15

      

Ngā kaihaina

Signatories

Author

Emma Mosely - Chief Risk Officer

Authorisers

Helen Wild - General Counsel

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator


Governing Body

25 June 2020

 

 

PDF Creator



Governing Body

25 June 2020

 

 

Local Government New Zealand Annual General Meeting

File No.: CP2020/07654

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the Auckland Council delegation to the Local Government New Zealand (LGNZ) Annual General Meeting (AGM).

Whakarāpopototanga matua

Executive summary

2.       The LGNZ AGM is usually held in conjunction with the LGNZ annual conference.  The conference and AGM were to be held 16 to18 July 2020 but, due to COVID-19, the conference has been postponed until 14 to 17 July 2021.

3.       The 2020 AGM will be held on 21 August 2020 at the Museum of New Zealand, Te Papa Tongarewa, Wellington. The AGM is scheduled to start at 9:00 am and is likely to run for a minimum of two to three hours.

4.       The LGNZ constitution permits the Auckland Council to appoint up to four delegates to represent it at the AGM, with one of the delegates being appointed as presiding delegate. Voting is required for the election of president and vice-president of LGNZ and for any remits put to the meeting. 

5.       Staff recommend that the presiding delegate be Mayor Phil Goff and that up to three other delegates are made up from those who already have roles with LGNZ:

Presentative

LGNZ Role

Mayor Phil Goff

Representative on National Council

Councillor Pippa Coom

Representative on National Council

Waitemata Local Board Chair Richard Northey

Representative on National Council

Deputy Mayor Bill Cashmore

Auckland Council representative for Regional Sector

Councillor Angela Dalton

Member Governance and Strategy Advisory Group

Councillor Alf Filipaina

LGNZ Te Maruata Roopu Whakahaere

Councillor Richard Hills

Member Policy Advisory Group

Kaipātiki Local Board Member Cindy Schmidt

Member Policy Advisory Group

Kaipātiki Local Board Deputy Chair Danielle Grant

Member Governance and Strategy Advisory Group

 

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      appoint up to four delegates to attend the 2020 Local Government New Zealand Annual General Meeting on 21 August 2020, with Mayor Phil Goff being the presiding delegate

b)      delegate to the mayor, in the event he cannot attend the 2020 Local Government New Zealand Annual General Meeting at short notice, the ability to appoint another governing body member to the role of presiding delegate

c)      delegate to the mayor, in the event an appointed delegate cannot attend the 2020 Local Government New Zealand Annual General Meeting at short notice, the ability to appoint another member

d)      agree that when exercising the Auckland Council’s vote at the 2020 Local Government New Zealand Annual General Meeting, the delegates have the discretion to determine the Auckland Council’s position on any matter on which the Auckland Council’s position is not otherwise known

e)      note that, prior to the Annual General Meeting, staff will convene a meeting of all of council’s Local Government New Zealand representatives to discuss voting at the Annual General Meeting.

 

 

Horopaki

Context

6.       LGNZ is the trading name of the New Zealand Local Government Association Inc, which is an incorporated society with its members being local authorities. The constitution requires LGNZ to hold an AGM prior to 31 July each year.

7.       The LGNZ conference and AGM was to have been held 16 July to 18 July 2020. Due to COVID-19 the LGNZ Conference and EXCELLENCE Awards will now be held from Wednesday 14 to Saturday 17 July 2021 in Blenheim.

8.       The 2020 AGM will be held on 21 August 2020 at the Museum of New Zealand, Te Papa Tongarewa, Wellington. The AGM is scheduled to start at 9 am and is likely to run for a minimum of two to three hours.

9.       The President and Vice-President of LGNZ must be elected by ballot of member authorities at the AGM in the year following the year in which triennial local government elections are held. The election will occur at this AGM.

10.     Proposed remits from member authorities are also considered at the AGM. Remits, other than those relating to the internal governance and constitution of LGNZ, should address only major strategic “issues of the moment”. They should have a national focus articulating a major interest or concern at the national political level. 

Tātaritanga me ngā tohutohu

Analysis and advice

11.     The LGNZ constitution permits the Auckland Council to appoint four delegates to represent it at the AGM, with one of the delegates being appointed as presiding delegate. Voting is required for the election of president and vice-president of LGNZ, and for any remits put to the meeting. 

 

12.     Nominations for president are:

i)             Councillor Stuart Crosby, Bay of Plenty Regional Council

ii)            Mayor Alex Walker, Central Hawke’s Bay District Council.

13.     Nominations for vice-president are:

i)             Mayor Gary Kircher, Waitaki District Council

ii)            Mayor Hamish McDouall, Whanganui District Council.

14.     Auckland Council has a total of 20 votes at the AGM (six votes for the first $100,000 of its subscription, plus an additional vote for every $20,000 in excess of $100,000. Auckland Council’s subscription for 2019/2020 is $340,148 plus GST.)

15.     Elected members were invited to submit proposals for remits, albeit with a short time allowed for submission due to the change to the late change in date for the AGM. None were received within the time allocated, but one late proposal was made. At the time of writing this report staff were considering whether this late proposal could be accommodated. The remits proposed by other councils will be contained in business papers for the AGM.

16.     Staff will convene a meeting of all of the council’s representatives who are involved in LGNZ prior to the AGM to discuss the council’s position on remits from other councils and to discuss preferences for president and vice-president.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17.     This report is procedural in nature, however there is an impact on greenhouse gas emissions through supporting attendance at the AGM by means of air travel. A conservative approach to attendance would help reduce this impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18.     LGNZ is an incorporated body comprising members who are New Zealand councils.  Council-controlled organisations are not eligible for separate membership, however, remits can cover activities of council-controlled organisations.

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

Local impacts and local board views

19.     At the 2019 AGM LGNZ approved membership of National Council which recognised both Auckland Council governing body and local boards. As a result, Auckland Council has three positions on National Council, comprising the mayor, a governing body member (Councillor Pippa Coom) and a local board member (Richard Northey).

Tauākī whakaaweawe Māori

Māori impact statement

20.     The LGNZ National Council has a sub-committee, Te Maruata Roopu Whakahaere, whose role is to promote increased representation of Māori as elected members of local government, and to enhance Māori participation in local government processes. It also supports councils in building relationships with iwi, hapu and Māori groups.

21.     Te Maruata Roopu Whakahaere provides Māori input on development of future policies or legislation relating to local government. Councillor Alf Filipaina is a member of the sub-committee. 

Ngā ritenga ā-pūtea

Financial implications

22.     The financial implications of attending the AGM are the travel costs involved and these are covered within existing budgets. Staff are continuing to work with LGNZ on the option to attend the AGM remotely. The meeting will take approximately a half-day, therefore overnight accommodation is not required.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     The presiding delegate votes on behalf of Auckland Council. There is a risk that the council’s presiding delegate may become unavailable at short notice and recommendations include giving the mayor the ability to appoint a replacement.

Ngā koringa ā-muri

Next steps

24.     Once the Governing Body decides its delegates, travel arrangements will be made, and briefings will be organised if required.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Rose Leonard – Acting General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

Standing Orders - Attendance by Electronic Link

File No.: CP2020/07655

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider changes to Auckland Council’s standing orders to allow more flexibility for members to attend meetings electronically.

Whakarāpopototanga matua

Executive summary

2.       Auckland Council’s current standing orders restrict the ability of members to attend meetings electronically. 

3.       The COVID-19 emergency meant it was possible for all members to attend meetings remotely. Changes to legislation permitted members attending remotely to be counted towards the quorum. With the expiry of the Epidemic Notice, only those physically present count towards the quorum.

4.       This report provides an opportunity for the Governing Body to amend its standing orders to provide more flexible conditions for electronic attendance.

5.       The proposed change includes a provision that if a member wishes to attend remotely as a personal preference but is otherwise able to attend the meeting physically then they must attend physically if this is necessary for quorum purposes.

6.       An amendment to standing orders requires a 75 per cent vote.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      amend Standing Order 3.3.3 to read as follows:

“3.3.3       Conditions for attending by electronic link

The governing body or its committees may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Situations where approval can be given are:

a)    where the member is at a place that makes their physical presence at the meeting impossible or impracticable

b)    to accommodate the member’s illness or infirmity

c)    in emergencies

d)    where a member prefers to attend by electronic link but is otherwise able to attend the meeting physically.

The member who is seeking to attend by electronic link may not take part in the vote to give approval. The only exception is where there is an emergency, in which case the member seeking to attend by electronic link can take part in the vote.”

 

 

b)      amend Standing Order 3.3.4 to read as follows:

“3.3.4       Request to attend by electronic link

Where possible, a member will give the chairperson of the governing body or its committees, and the chief executive at least two working days’ written notice where they want to attend a meeting by electronic link. Where, because of illness or emergency, this is not possible, the member may give less notice.

Where such a request is made, the chief executive must take reasonable steps to enable the member to attend by electronic link. However, the council has no obligation to make the technology for an electronic link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the governing body or its committees.

If the request is from a member who prefers to attend by electronic link but is otherwise able to attend the meeting physically, that member must attend the meeting physically if the member is advised by staff or the meeting chairperson that physical attendance is necessary to achieve a quorum for the meeting.”

c)      amend Standing Order 3.3.10 to read as follows:

“3.3.10   Attendance of non-members by electronic link

A person other than a member of the Governing Body, or the relevant committee, may participate in a meeting of the Governing Body or committee by means of audio link or audio-visual link in emergencies if the person is otherwise approved to participate under these standing orders (such as under Standing Order 6.2 “Local board input” or 7.7 “Public input”).”

 

 

Horopaki

Context

7.       The Prime Minister issued an Epidemic Notice which commenced on 25 March 2020 and, at the time of preparing this report, was due to expire three months later, on 25 June 2020. Soon after the Epidemic Notice was issued there was an Epidemic Management Notice which affected the holding of council meetings, including attendance at meetings electronically. 

8.       This report considers the implications of returning to the rules governing council meetings that were in place prior to the Epidemic Notice.

9.       There are two key aspects:

i) standing orders permitting electronic attendance

ii)       the effect of legislation on how the quorum is counted when members attend electronically.


 

 

10.     Electronic attendance at meetings of a council is permitted by the Local Government Act 2002, schedule 7, clause 25A, if the council provides for it in their standing orders. When the Governing Body previously made provision in standing orders it was of a view that electronic attendance should be the exception rather than the rule.  The current standing orders state:

3.3.3         Conditions for attending by electronic link

The governing body or its committees may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Situations where approval can be given are:

a)    where the member is at a place that makes their physical presence at the meeting impossible or impracticable

b)    to accommodate the member’s illness or infirmity

c)    in emergencies.

The member who is seeking to attend by electronic link may not take part in the vote to give approval. The only exception is where there is an emergency, in which case the member seeking to attend by electronic link can take part in the vote.

11.     With the expiry of the Epidemic Notice, members may only attend meetings electronically under the conditions in the standing orders.

12.     The second aspect relates to quorums. The Local Government Act 2002 states that only those members physically present count towards the quorum. The Epidemic Management Notice amended the legislation for the duration of the notice such that those attending remotely also count towards the quorum. With the expiry of the notice the former provisions apply whereby only those physically present count towards the quorum.

13.     In order to accommodate electronic attendance by the public during the epidemic period the governing body added the following standing order:

3.3.10       Attendance of non-members by electronic link

A person other than a member of the Governing Body, or the relevant committee, may participate in a meeting of the Governing Body or committee by means of audio link or audio-visual link in emergencies if the person is otherwise approved to participate under these standing orders (such as under Standing Order 6.2 “Local board input” or 7.7 “Public input”).

Tātaritanga me ngā tohutohu

Analysis and advice

14.     With the experience of attending meetings by Skype during the epidemic period this report provides an opportunity for members to review standing orders to allow more flexibility for when members may attend a meeting electronically.

15.     Apart from emergencies, the wording in the current standing order permits electronic attendance by a member when the member would find it difficult to attend physically and by a member who is sick.  In both these cases, actual physical attendance is not a likely option and any quorum issues will exist regardless.

16.     A further option could be added where it is the preference of a member to attend electronically but it is not impracticable for the member to attend physically, in which case the member would be required to be physically present if the quorum would not be achieved without the attendance of the member.


 

 

17.     Staff recommend the following changes:

3.3.3         Conditions for attending by electronic link

The governing body or its committees may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Situations where approval can be given are:

a)    where the member is at a place that makes their physical presence at the meeting impossible or impracticable

b)    to accommodate the member’s illness or infirmity

c)    in emergencies

d)    where a member prefers to attend by electronic link but is otherwise able to attend the meeting physically.

The member who is seeking to attend by electronic link may not take part in the vote to give approval. The only exception is where there is an emergency, in which case the member seeking to attend by electronic link can take part in the vote.

3.3.4 Request to attend by electronic link

Where possible, a member will give the chairperson of the governing body or its committees, and the chief executive at least two working days’ written notice where they want to attend a meeting by electronic link. Where, because of illness or emergency, this is not possible, the member may give less notice.

Where such a request is made, the chief executive must take reasonable steps to enable the member to attend by electronic link. However, the council has no obligation to make the technology for an electronic link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the governing body or its committees.

If the request is from a member who prefers to attend by electronic link but is otherwise able to attend the meeting physically, that member must attend the meeting physically if the member is advised by staff or the meeting chairperson that physical attendance is necessary to achieve a quorum for the meeting.

18.     For attendance by members of the public the following change is proposed:

3.3.10          Attendance of non-members by electronic link

A person other than a member of the Governing Body, or the relevant committee, may participate in a meeting of the Governing Body or committee by means of audio link or audio-visual link in emergencies if the person is otherwise approved to participate under these standing orders (such as under Standing Order 6.2 “Local board input” or 7.7 “Public input”).

19.     When the Epidemic Notice provision on meeting quorums expires, staff recommend leaving quorums as they are.  The quorum for the governing body is set in legislation and cannot be changed. Most committee quorums represent one-half of the committee members as the governing body considers at least half a committee should be present to make decisions.  (It is possible to set a committee quorum as low as two, as was the case with Emergency Committee.)

20.     Because those attending by electronic link do not count towards the quorum, the quorum must be physically present.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     Attendance electronically reduces travel by vehicles and so has a beneficial impact on climate change. Enabling more options for meeting for members of the public will improve the council’s response to climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     This item relates solely to governing body meeting procedures.  Nevertheless, the experience gained with electronic attendance might permit some future reporting from council-controlled organisations to be conducted electronically.

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

Local impacts and local board views

23.     The proposed change to standing order 3.3.10 allows local boards to present to governing body and committee meetings electronically. This could be of benefit to local boards, particularly the rural local boards who have travel large distances to attend governing body meeting.

Tauākī whakaaweawe Māori

Māori impact statement

24.     This item relates to governing body procedures.  A more relaxed rule about electronic attendance may make it easier for mana whenua and mataawaka to contribute under the public input section of the meeting.

Ngā ritenga ā-pūtea

Financial implications

25.     There are no significant financial implications for the council if a higher level of remote attendance was to eventuate as compared with the level of remote attendance prior to COVID-19.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     The key risk is that the technology fails on the day with the result that the member who expected to attend by electronic link is not able to take part.  There are solutions for this e.g. if the conferencing system (Skype) fails it is possible for the remote member to take part by phone.

Ngā koringa ā-muri

Next steps

27.     If the governing body agrees to changes to standing orders, the amendments will be made and the revised standing orders re-published.

 


 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Rose Leonard – Acting General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

Nomination to University of Auckland Animal Ethics Committee

File No.: CP2020/07656

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To outline the process for Auckland Council to put forward a nomination for the University of Auckland Animal Ethics Committee.

Whakarāpopototanga matua

Executive summary

2.       The Animal Welfare Act 1999 requires the University of Auckland to have an Animal Ethics Committee. It also requires one lay member of this committee to be appointed on the nomination of the council. The University makes the appointment once the nomination is received.

3.       The governing body resolved its nomination of the current appointee, in May 2017, for three years. A new appointment is now necessary.

4.       Elected members were invited to make suggestions for nomination.

5.       The Governing Body will consider the nomination with the public excluded at today’s meeting, in order to protect personal privacy of individuals.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that it will consider expressions of interest for nomination to the University of Auckland Animal Ethics Committee, after the public have been excluded.

 

Horopaki

Context

6.       The Animal Welfare Act 1999 (the Act) requires all organisations which use live animals for research, testing and teaching to have both a Code of Ethical Conduct and an Animal Ethics Committee. The University of Auckland is a code holder organisation.

7.       The Animal Ethics Committee comprises at least four members, one of which needs to be nominated by Auckland Council (section 101(8)). All are appointed by the chief executive of the code holder organisation (University of Auckland).

8.       The requirements of the legislation in section 101 are:

“(8)    One member must be a person appointed by the code holder on the nomination of a territorial authority or regional council.

(9)     The person appointed under subsection (8) must not be —

(a)     a person who is in the employ of, or is otherwise associated with, the code holder; or

(b)     a person who is associated with the scientific community or an animal welfare agency.

(10)     The appointed members of each animal ethics committee hold office for such terms and on such conditions as are specified in the code of ethical conduct.”

9.       The Code of Ethical Conduct states that the council nominee represents the public interest.

10.     The functions and powers of committee members, and the procedures that they must follow, are outlined in the Act, but their overall responsibility can be summarised as ensuring that no unnecessary harm or distress is caused to animals as a consequence of research or captivity.

11.     A member of the committee is expected to:

·   review applications (reviews will not usually be assigned to the same members every month but may involve one or two reviews in a given month)

·   attend the committee meeting once a month (eleven per year) to discuss these applications (usually the morning of the last Friday of the month, for a duration of approximately three to four hours)

·   take part in formal monitoring of approved protocols on an occasional basis which may involve attending site visits (approximately 12 hours per year) to animal-holding facilities

·   review approved applications in conjunction with another member of the committee (up to two hours per review excluding preparation and travel time, with two to three reviews per member per year).

12.     There is a meeting fee of $175 per half-day and a mileage allowance of 77 cents per kilometre.

13.     There are legal implications for the university if no appointment is made, as the Act requires that a code holder must establish and maintain an animal ethics committee made up of at least four members.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     Further details of potential nominees are provided in the report in the confidential section.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15.     There are no climate impacts in making the nomination.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16.     The legislation requires the council to make the nomination. There is no involvement, and no impact, on any of the group.

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

Local impacts and local board views

17.     This decision involves making an appointment to a university committee, which is a regional entity. Council has no formal engagement with the Animal Ethics Committee once the appointment is made.

Tauākī whakaaweawe Māori

Māori impact statement

18.     There is a requirement that an application to use native animals must receive Department of Conservation approval, which includes consultation with Māori.

Ngā ritenga ā-pūtea

Financial implications

19.     There are no financial implications for the council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

20.     The council is required under the legislation to only make a nomination. The appointment itself is by the university. The council is not exposed to any risk by making a nomination.

Ngā koringa ā-muri

Next steps

21.     Once the Governing Body decides a nomination, this will be confirmed with the nominee and the university. 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Rose Leonard – Acting General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

Shareholder comments on revised draft CCO Statements of Intent, 2020-2023 (Covering report)

File No.: CP2020/08380

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve shareholder feedback on the revised draft Statements of Intent (SOI) 2020/2021 – 2022/2023 of the council-controlled organisations (CCOs).

2.       To formally approve an extension of the deadline for submission of final SOIs by CCO Boards to 31 July 2020, in accordance with the Local Government Act 2002, Schedule 8, Clause 4.

Whakarāpopototanga matua

Executive summary

3.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 25 June 2020 Governing Body meeting.

Ngā tūtohunga

Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 


Governing Body

25 June 2020

 

 

Appointments to board of City Rail Link Limited

File No.: CP2020/08119

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide information about the process for proposed appointments to the board of City Rail Link Limited. 

Whakarāpopototanga matua

Executive summary

2.       City Rail Link Limited (CRLL) is a company set up jointly between Auckland Council and the Crown with responsibility for building the City Rail Link.  The company assumed responsibility for the project from Auckland Transport on 1 July 2017. 

3.       Council and Crown are jointly responsible for appointing the CRLL directors.

4.       CRLL has a board of five directors, including the chair.  Sir Brian Roche was reappointed on 2 April 2020. The terms of appointment of the four remaining directors on the Board all end of 30 June 2020.

5.       A paper on the confidential agenda of the Governing Body agenda for 25 June 2020 proposes appointments to this board. 

6.       In May 2019 councillors requested that City Rail Link Limited undertake a board performance review. This had been scheduled for April 2020, but due to the COVID-19 situation, did not take place.  It is now expected to be undertaken later in 2020. When appointments are considered again when the terms of the directors expire, the results of this board performance review to be taken into account, and different skills will be brought onto the board, if required. 

7.       Crown will consider the appointments on 29 June 2020, taking into account council’s decisions.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that the terms of appointment of four directors on the City Rail Link Limited board expire on 30 June 2020

b)      note that a separate report on the confidential agenda of the Governing Body meeting of 25 June 2020 proposes appointments to this board.

 

 

Horopaki

Context

8.       Auckland Council is an equal partner with central government (Ministers of Finance and Transport) for the city rail link project, and a minority shareholder in the company established to deliver the project – City Rail Link Limited.  However, as an almost equal shareholder (Council holds 20 fewer shares than Crown), Council is required to formally endorse board appointments prior to Crown decision-making.

9.       The major parts of the City Rail Link project (stations, tunnelling and rail systems) are being delivered by an Alliance, which was established in 2019.  The Alliance has two final major contracts to be incorporated into it during 2020 – the rail systems to be installed in the tunnel, and the works to link the western line to the city rail link tunnels at Mt Eden.  In addition, the Alliance is currently itself securing major elements of the project, such as the tunnel boring machine.

10.     Previous decisions mean that the terms of all four of the remaining directors on the CRLL Board (aside from Sir Brian Roche, as Chair) are due to expire on 30 June 2020.  Decisions therefore need to be made about their reappointment, or otherwise. 

Tātaritanga me ngā tohutohu

Analysis and advice

11.     A board performance review was requested by councillors when considering CRLL appointments on 1 May 2019.  This feedback was passed on to the Ministry of Transport and to City Rail Link Limited itself, and a board performance review was scheduled for April 2020.  However, the performance assessment for the CRLL Board was delayed due to the COVID-19 outbreak, and is now intended to be completed later this year. This is particularly with a view to the kind of skills which will be required towards the later stages of the project, including testing, commissioning, and operationalising the railway. 

12.     It is now urgent to consider appointments to the City Rail Link Limited board, as the terms of the remaining directors expire on 30 June 2020. Appointments are recommended in a separate report on the confidential agenda of the 25 June 2020 Governing Body meeting.

Tauākī whakaaweawe āhuarangi

Climate impact statement

13.     These appointments have no climate impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

14.     Auckland Transport is involved in the project as a ‘delivery partner’.  As a delivery partner it is included in several of the project governance and management structures which support the delivery of the project. 

15.     However, appointments to the City Rail Link Limited Board are ultimately a decision for the Crown and Auckland Council.

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

Local impacts and local board views

16.     Local board views have not been sought in relation to these appointments.  We do not consider that the appointments have any specific local impacts.

Tauākī whakaaweawe Māori

Māori impact statement

17.     City Rail Link Limited has an extensive programme of Māori engagement including a mana whenua forum.  This forum has a number of roles including developing practical measures to give input to the design of the stations, input into construction environment management plans, working collaboratively around built heritage and archaeological matters, and undertaking kaitiaki responsibilities associated with the project.

Ngā ritenga ā-pūtea

Financial implications

18.     There are no direct financial implications related to these proposed appointments.  The directors are paid from within the total budget envelope. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19.     The key risk for making these appointments is that directors may have conflicts of interest between their work on city rail link, and other companies and projects in which they have an interest.  This risk is mitigated through conflict of interest declarations and active management of these conflicts. 

Ngā koringa ā-muri

Next steps

20.     Once council has made its decisions on these appointments, staff will advise Crown colleagues so that Cabinet can take into account the council’s decisions.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

Board Appointments: Manukau Beautification Charitable Trust and COMET Auckland

File No.: CP2020/03661

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To appoint two trustees to the board of Manukau Beautification Charitable Trust Auckland (MBCT) and two trustees to the board of COMET Auckland, both of which are council-controlled organisations (CCOs).

Whakarāpopototanga matua

Executive summary

2.       The power to appoint trustees to MBCT’s board is vested in Auckland Council by the Deed of Trust that established MBCT as a CCO in 2001.

3.       The power to appoint trustees to COMET Auckland’s board is vested in Auckland Council by the Deed of Trust (deed) that established COMET Auckland as a CCO in 2012.

4.       A separate confidential report on this meeting agenda contains information and advice regarding recommended appointees to the MBCT board and COMET Auckland Board.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note that there is a confidential report on this meeting agenda with recommendations regarding the appointment of trustees to the board of Manukau Beautification Charitable Trust and the board of COMET Auckland.

b)      note this report is confidential due to the personal information contained in it and the final appointment decisions will be made publicly available at the conclusion of the appointment process.

 

Horopaki

Context

 

5.       Manukau Beautification Charitable Trust was established in 2001 under Manukau City Council, with the purpose of promoting, supporting and undertaking programmes and initiatives to beautify Manukau’s urban and rural environment. It provides graffiti removal services, undertakes mural projects and environmental education events to the six local board areas in south Auckland.

6.       The trust deed requires MBCT to have no fewer than five trustees and no more than twelve, all appointed by Auckland Council.   The power of appointment of all trustees to the board is vested in council as the settlor of MBCT’s deed.  MBCT has six trustees in the current term (July 2019 to June 2022).

7.       COMET Auckland is a CCO of Auckland Council and a charitable trust. Its role is to support education and skills across Auckland, contributing to the relevant social and economic goals in the Auckland Plan.  The mission of COMET Auckland is driving systems change to make education and skills more effective and equitable across Auckland.

8.       COMET’s trust deed calls for no fewer than seven and no more than twelve trustees.  COMET Auckland currently has seven trustees. The power of appointment of all trustees to the board is vested in the council as the settlor of COMET Auckland’s deed.

Tātaritanga me ngā tohutohu

Analysis and advice

Manukau Beautification Charitable Trust

9.       MBCT has undertaken a process to appoint further trustees. The rationale for introducing new members includes:

·        succession planning for natural attrition

·        a broader range of skills, along with business and social experience and more diverse perspectives

·        a commitment to representation to accurately reflect the community in which the Trust services

·        introducing more networking potential to the Trust and further reach into the community.

10.     To facilitate the board recruitment, MBCT have engaged the services and expertise of a local human resources and recruitment company.  Potential candidates were approached through existing networking pathways.   A particular emphasis was placed on finding candidates who had a strong commitment to the community and a passion for the environment.  In addition:

·        current and potential trustees completed an online questionnaire to ascertain core competency levels within the trust board

·        current trustees and potential trustees were also asked to comment and rate their commitment to serving the community, adhering to Te Tiriti o Waitangi principles and the congruence of their personal values against those of the MBCT

·        the potential candidates presented to the trust board a summary of their key attributes, experience and individual passions and areas of interest.

11.     The MBCT trust board unanimously recommended the candidates presented in the confidential report and the board chair has written to the mayor seeking approval of the prospective candidates.

COMET Auckland

12.     The COMET Auckland board chair has written to Council seeking approval to appoint two new trustees to the board. 

13.     COMET Auckland has undertaken a process to appoint further trustees. This process included:

a)      identifying skills, knowledge and experience, including current or future gaps on the board

b)      advertising the vacancies through ‘Seek Volunteering’, the Institute of Directors website and newsletter, social media and via COMET Auckland’s networks 

c)      shortlisting and interviewing qualified candidates

d)      recommendation of preferred candidates to council. 

14.     The core skills COMET Auckland requires of all board members are strategic thinking, proven expertise and respected as a leader in their field, passion for education and skills in Auckland, especially for areas of high education need, strong networks with educators and/or business and/or local/national government in Auckland.  They should also live and work in the Auckland Council area.

15.     Across the board COMET Auckland also looks for diversity, including professional expertise, culture/ethnicity, gender, and age. 

16.     The particular essential skills COMET Auckland sought in this recruitment round, to balance the skills of existing board members, were expertise in finance and/or accounting.  The desired skills and experience sought included strong connections and understanding of Auckland’s Māori communities and knowledge and connections in the early childhood or schooling sectors.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17.     MBCT’s work promotes, supports and undertake programmes to beautify South Auckland. This includes programmes such as ‘Eye on Nature’ that aims to connect children and their families to nature and engaging them to create more sustainable solutions every day.

18.     The decision to appoint a member to the COMET Auckland board does not have an impact on direct greenhouse gas emissions and the effects of climate change over the lifetime of the decision (appointments for an initial three-year term) is considered minimal.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     There are no significant impacts on other parts of the council group as a result of these appointments.

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

Local impacts and local board views

20.     Appointments to CCO boards are the role of the governing body.  Local board views are not sought on these matters. However, the services provided by MBCT are of particular benefit to the six local board areas that the trust works across. The board in its recruitment of trustees has taken this into account by conducting the recruitment locally.

Tauākī whakaaweawe Māori

Māori impact statement

21.     MBCT provides beautification services and environmental education programmes of benefit to all local groups across south Auckland.

22.     The trust recognised the opportunity to bring in new skills, by paying particular attention to candidates with knowledge and respect for Te Tirti o Waitangi principles.

23.     COMET Auckland’s work is strongly focused on making access to education and skills more effective and equitable across Auckland.  COMET takes a cross-sector approach to education and several areas of COMET’s work contribute to uplifting Māori wellbeing or enabling better outcomes for Māori.

24.     COMET Auckland’s board vacancies offer an opportunity to contribute to the development of Māori capacity in governance.  One of the desired qualifications sought through the appointment process was strong connections and understanding of Auckland’s Māori communities.  This focus is expected to continue for COMET’s future board recruitment processes, to complement existing skills and knowledge on the board.

Ngā ritenga ā-pūtea

Financial implications

25.     There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     There are risks associated with all board appointments, including:

a)      Reputational Risk:  All candidates are appropriately screened to meet the skill requirements sought by MBCT and COMET Auckland.  Recommended candidates have also completed the council’s director consent form prior to appointment, which requires them to confirm that there is nothing that would compromise their effectiveness as a board member.

b)      Reputational risk:  Breach of privacy if confidential candidate information is released prior to final decisions of the committee.  The risk is that fewer, and potentially less-qualified, candidates would be attracted to board service in the future.  To mitigate this risk, staff will assure confidentiality during the board appointment programme.

c)      Governance risk:  the risk of an unbalanced board where a loss of institutional knowledge impacts decision-making.  Conversely, retaining board members for too long can mean that the board lack innovation and fresh thinking.  There is a need to maintain an appropriate balance of new and longer-serving board members to avoid these problems and to retain institutional knowledge.

Ngā koringa ā-muri

Next steps

27.     Following approval by the Governing Body, the CCO Governance and External Partnership staff will notify MBCT and COMET Auckland of the Governing Body’s decision.

28.     The appointment decisions of the Governing Body will be made publicly available once the successful and unsuccessful candidates have been notified.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Sarah Johnstone-Smith - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

25 June 2020

 

 

Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 25 June 2020

File No.: CP2020/05178

 

  

 

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

17/6/20

Annual Budget 2020/2021 Emergency Budget Mana Whenua Feedback session

 

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 – 25 June 2020.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

111

b

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

 

c

Workshop Notes:  Annual Budget 2020/2021 Emergency Budget Mana Whenua Feedback session (Under Separate Cover)

 

d

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

25 June 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

Decision to appoint a new chief executive June 2020 in confidential

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Progress to date:

Re-appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Emergency Budget/ Annual Budget (Annual Plan)

Statutory requirement

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

Decision to adopt Emergency Budget

 

Progress to date:

Decision on Emergency Budget and consultation given COVID-19 – 16 April 2020 in confidential and released on 7 May 2020
Link to decision

Decisions on Emergency Budget and consultation
14 May 2020 Confidential
Link to decision 21 May 2020 released 25 June 2020
Link to decision 28 May 2020 released 25 June 2020

 

 

 

 

 

 

Adoption

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Terms of Reference amended to include the Emergency Committee March 2020
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

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

 

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.

 

 

 

 

 

 

 

 

 

 

 

Options

Options

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

 

 

 

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.

 

 

 

 

 

 

Options

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

Options

Options

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.

 

 

 

 

 

 

 

 

 

Proposal

 

 

 

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.

 

 

 

 

 

 

 

 

 

Proposal

 

 

 

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.

 

 

 

 

 

 

 

 

 

Proposal

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

Options

Options

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

Deferred

 

 

 

 

 

 

 

 

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

Elected members expense policy

Responsibility to adopt expense policy rules for Remuneration Authority approval

Decision on elected members expense policy

 

Progress to date:

Item deferred 26 March 2020

 

 

 

Deferred

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 


 

Completed

Lead Department

Area of work

Committee role

(decision and/or direction)

Decision

Environmental Services

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

Appointment of councillor representatives February 2020
Link to decision

Democracy Services

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

Decision on evaluation and Māori wards February 2020
Link to decision

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

 

Community and Social Policy

Food Safety Information 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.

Adoption of Food Safety Information Bylaw Review 30 April 2020
Link to decision

 

 

 


Governing Body

25 June 2020

 

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2020/08016

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of confidential decisions made which can now be released into the public domain.

3.       The following decisions/documents are now publicly available:

Date of Decision

Subject

21/5/20

Emergency Committee Confidential Agenda

21/5/20

Emergency Committee Confidential Minutes

28/5/20

Adoption of consultation material: Emergency Budget 2020/2021 Minutes

28/5/20

Adoption of Consultation material: Emergency Budget Annual Budget 2020/2021 Report

 

4.       The relevant decisions and documents for the above decisions can be found at the following link:  https://ourauckland.aucklandcouncil.govt.nz/articles/news/2020/04/auckland-council-to-consult-on-emergency-budget/

5.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Emergency Committee members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the confidential decisions and related information that are now publicly available.

 

 


 

 

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

25 June 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:  Nomination to University of Auckland Animal Ethics 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, a discussion about a nomination is likely to disclose personal details.

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:  Appointments to board of City Rail Link Limited

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 personal information about proposed board appointees.

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.

 

C3       CONFIDENTIAL: Board Appointments - Manukau Beautification Charitable Trust and COMET Auckland

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 private information about the candidates for the positions of trustees in Manukau Beautification Charitable Trust and COMET Auckland.

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.