I hereby give notice that an ordinary meeting of the Governing Body will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 30 July 2020 10.00am Reception
Lounge |
Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
Mayor |
Hon Phil Goff, CNZM, JP |
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Deputy Mayor |
Deputy Mayor Cr Bill Cashmore |
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Councillors |
Cr Josephine Bartley |
Cr Daniel Newman, JP |
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Cr Dr Cathy Casey |
Cr Greg Sayers |
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Cr Fa’anana Efeso Collins |
Cr Desley Simpson, JP |
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Cr Pippa Coom |
Cr Sharon Stewart, QSM |
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Cr Linda Cooper, JP |
Cr Wayne Walker |
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Cr Angela Dalton |
Cr John Watson |
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Cr Chris Darby |
Cr Paul Young |
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Cr Alf Filipaina |
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Cr Christine Fletcher, QSO |
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Cr Shane Henderson |
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Cr Richard Hills |
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Cr Tracy Mulholland |
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(Quorum 11 members)
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Sarndra O'Toole Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
27 July 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 30 July 2020 |
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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 Adoption of the Emergency Budget 2020/2021 (Annual Budget) 9
10 Rates setting 2020/2021 135
11 Kaipara Moana Remediation 147
12 Elected Members Expense Policy 183
13 Appointments to the Demographic Advisory Panels 211
14 Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 30 July 2020 219
15 Summary of Confidential Decisions and related information released into Open 220
16 Consideration of Extraordinary Items
PUBLIC EXCLUDED
17 Procedural Motion to Exclude the Public 241
C1 CONFIDENTIAL: Appointments to the Demographic Advisory Panels 241
His Worship the Mayor will read the affirmation.
At the close of the agenda no apologies had been received.
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.
That the Governing Body: a) confirm the ordinary minutes of its meeting, held on Thursday, 25 June 2020 and the extraordinary minutes of its meeting, held on Thursday, 16 July 2020, including the confidential section, as a true and correct record.
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At the close of the agenda no requests to present petitions had been received.
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.
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.
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 30 July 2020 |
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Adoption of the Emergency Budget 2020/2021 (Annual Budget)
File No.: CP2020/09567
Te take mō te pūrongo
Purpose of the report
1. To adopt the Emergency Budget 2020/2021 (Annual Plan).
Whakarāpopototanga matua
Executive summary
Consultation and feedback
2. We consulted on the Annual Budget 2020/2021 in February and March 2020. This feedback was presented to the Finance and Performance Committee on 13 May 2020.
3. During the public consultation in February/March on the proposed Annual Budget 2020/2021, New Zealand moved into alert level 4 in response to the outbreak of COVID-19. This changed the financial landscape extensively. As a result, it was necessary to consult with Aucklanders again.
4. On 28 May 2020, the Governing Body adopted the Consultation Document and Supporting Information for the Emergency Budget 2020/2021.
5. Public consultation for the Emergency Budget ran from 29 May to 19 June 2020 and the feedback was presented to the Finance and Performance Committee at a workshop on 7 July 2020.
6. Reports summarising the feedback received relevant to each local board were considered by each local board between 7 July and 10 July 2020. Local board views were then presented to the Finance and Performance Committee at a workshop on 14 July 2020.
Finalising the Annual Budget 2020/2021
7. On 16 July 2020, following the consideration of public feedback received and other relevant information, the Governing Body received recommendations from the Finance and Performance Committee and agreed the key decisions needed to finalise the Emergency Budget 2020/2021. The Emergency Budget document has been prepared reflecting these decisions and is included in Attachment A of this report. In particular, it includes:
· prospective financial statements and other financial information based on the budget decisions made on 16 July 2020
· rating mechanism, reflecting rating policy decisions made on 28 May and 16 July 2020
· local board agreements and other local content – as adopted by local boards between 21 and 24 July 2020.
8. On 20 July 2020, the Tūpuna Maunga Authority approved the Tūpuna Maunga Authority Operational Plan 2020/2021 and the summary of the Tūpuna Maunga Authority Operational Plan 2020/2021 for inclusion in the Emergency Budget 2020/2021. These are Attachments B and C of this report respectively.
9. The Local Government Act 2002 requires the council to adopt an annual plan for each financial year. The council’s annual plan for the 2020/2021 financial year is called the Emergency Budget 2020/2021. Following adoption, staff will finalise documentation and make it publicly available.
Recommendation/s That the Governing Body: a) agree the Tūpuna Maunga Authority Operational Plan 2020/2021 and Summary of the Tūpuna Maunga Authority Operational Plan 2020/2021 for inclusion in the Emergency Budget 2020/2021. b) adopt the Emergency Budget 2020/2021 (Annual Plan), including 21 local board agreements. c) delegate the authority and responsibility for agreeing any required minor editorial changes and the correction of minor errors to the Emergency Budget 2020/2021 to the Chair of the Finance and Performance Committee, and the Group Chief Financial Officer.
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Horopaki
Context
10. Once every three years, the council is required to adopt a long-term plan and in the intervening years an annual plan. These plans set out the service levels and budgets for the coming year and provide the basis on which the council’s rates are set.
11. For each financial year, the council must have a local board agreement (as agreed between the Governing Body and the local board) for each local board area. These local board agreements set out priorities, budgets and intended levels of service for local activities, and the capital and operating expenditure required to fund these activities. The local board agreements for the 2020/2021 financial year have been developed as part of the annual plan process and have been adopted by the local boards.
12. For each financial year, the Tūpuna Maunga Authority and the council must agree an annual operational plan to provide a framework in which the council will carry out its functions for the routine management of the maunga and administered lands. The Tūpuna Maunga Authority Operational Plan must be prepared and adopted concurrently with the council’s annual plan and be included in summary form in the annual plan.
Tātaritanga me ngā tohutohu
Analysis and advice
Consultation and feedback
13. We consulted on the Annual Budget 2020/2021 in February and March 2020. This feedback was presented to the Finance and Performance Committee on 13 May 2020.
14. During the public consultation in February/March on the proposed Annual Budget 2020/2021, New Zealand moved into alert level 4 in response to the outbreak of COVID-19. Since that consultation was conducted the financial landscape changed extensively. As a result, we found ourselves requiring a very different budget and therefore it was necessary to consult with Aucklanders again.
15. On 28 May 2020 the Governing Body made decisions based on recommendations from the Emergency Committee following the first round of consultation. These decisions, which are reflected in the Emergency Budget, were:
· introducing a pool fencing compliance targeted rate
· including the cost of HomeFit assessment ($260 plus GST) in the Retrofit-your-home targeted rate for all new applications of more than $2,000
· introducing a Clevedon wastewater and water connection targeted rate
· introducing a new targeted rate for the One Warkworth Business Improvement District (BID)
· providing for the expansion of the Manukau Central BID
· discontinuing the rural sewerage pump-out service and targeted rate for ratepayers in the Henderson-Massey Local Board area
· retaining the rural sewerage pump-out service for ratepayers in the Waitākere Ranges Local Board area with the targeted rate to be increased from 1 July 2021 to recover the full cost of providing the service.
16. A few of the proposals that was consulted on in the first round of consultation were agreed in principle only subject to consideration of any further feedback received in the Emergency Budget consultation. These included:
· Discontinuing the rural sewerage pump-out service in the Upper Harbour Local Board area
· Establishing a Central Park Henderson Business Improvement District
· Proposed changes to waste management targeted rates.
17. On 28 May 2020, the Governing Body also adopted the Consultation Document and Supporting Information for the Emergency Budget 2020/2021.
18. Public consultation on the Emergency Budget ran between 29 May 2020 and 19 June 2020 and the feedback was presented to the Finance and Performance Committee at a workshop on 7 July 2020.
19. Reports summarising the feedback received relevant to each local board area were considered by each local board between 7 July and 10 July 2020.
20. In addition to a feedback summary report, all feedback received was made available to the Finance and Performance Committee members and local board chairs at the workshop on 7 July 2020. On the 16 July 2020, the feedback summary report, along with all submissions, were made available to the public via the Auckland Council website.
Finalising the Emergency Budget 2020/2021
21. On 16 July 2020, the Finance and Performance Committee recommended to the Governing Body the decisions required to finalise the Emergency Budget 2020/2021. The Governing Body subsequently agreed these decisions as reflected in Attachment A of this report. This included decisions required to finalise local board agreements collated in Volume 2.
22. Local board business meetings were held between 21 and 24 July 2020, where all 21 local boards adopted their agreements for 2020/2021. The resolutions can be found in Attachment D of this report.
Finalising the Tῡpuna Maunga Operation Plan 2020/2021
24. On 13 May 2020, the Auckland Council Finance and Performance Committee and the Tūpuna Maunga Authority held a joint workshop to discuss feedback on the draft Operational Plan 2020/2021. At that meeting, the authority made a commitment to review its budgets to look at possible savings/deferments that could be made to the 2020/2021 financial year in the context of the financial impacts of COVID-19. The amendments discussed in the meeting have been included in the final operational plan as adopted by the Tūpuna Maunga Authority.
25. In addition, the overall budget in the 2020/2021 financial year has been amended to include a reduction by 5 per cent of the operational expenditure and the deferral of $1.2 million of the capital expenditure.
26. On 20 July 2020, the Tūpuna Maunga Authority approved the Tūpuna Maunga Authority Operational Plan 2020/2021 and the summary of the Tūpuna Maunga Authority Operational Plan 2020/2021 for inclusion in the Emergency Budget 2020/2021. These documents are Attachments B and C respectively to this report.
Tauākī whakaaweawe āhuarangi
Climate impact statement
27. The key climate change impacts are explained in Volume 1, Part One of the Emergency Budget 2020/2021 – Attachment A.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. The final budgets set out in the final documentation are based on budget information submitted by organisations from across the council group. Each of the council-controlled organisations engaged with their board of directors on their budget submissions.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
29. Local boards have been involved in developing the Emergency Budget 2020/2021. Prior to making final decisions, discussions were held at a workshop on 14 July 2020 between the Finance and Performance Committee and local boards.
30. On 16 July 2020, the Finance and Performance Committee was also provided with a summary report and all resolutions on advocacy and regional issues passed by local boards regarding decision making for the Emergency Budget 2020/2021.
Tauākī whakaaweawe Māori
Māori impact statement
31. The emerging Māori Outcomes Framework: Kia Ora Tāmaki Makaurau outlines a focus on 10 key wellbeing outcomes – defined by Māori as areas that matter most to them – and how Auckland Council can contribute to these aspirations through its activities and budgets. Over the 2020/2021 financial year, these activities will focus on key priorities identified in Volume 1, Part One of Attachment A.
Ngā ritenga ā-pūtea
Financial implications
32. The Emergency Budget 2020/2021 sets the council’s budget for the 2020/2021 financial year. The financial decisions made on 16 July 2020 have been reflected in the final Emergency Budget 2020/2021 attached to this report.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
33. There are no outstanding significant risks relating to the adoption of the Emergency Budget 2020/2021.
34. Adoption of the Emergency Budget 2020/2021 will enable rates to be set for the 2020/2021 financial year. Failing to adopt the Emergency Budget 2020/2021 could impact the council’s ability to continue to deliver the services and projects that Auckland needs.
Ngā koringa ā-muri
Next steps
35. Adoption of the Emergency Budget 2020/2021 is required before the council can set rates for 2020/2021, which will be considered in a separate report following adoption on this meeting agenda.
36. Following adoption, staff will prepare the final Emergency Budget 2020/2021 documentation for publication. A digital version of the document will be available on the council’s website and printed copies will be available to view at libraries and service centres. Hard copies will also be available on request.
Attachments
No. |
Title |
Page |
a⇨ |
Emergency Budget 2020/2021 Volume 1 and 2 The attachments were unavailable when the agenda went to print. They will be circulated prior to the meeting and will be attached to the minutes as minutes attachments. |
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b⇩ |
Tupuna Maunga Operational Plan 2020/2021 |
15 |
c⇩ |
Summary of the Tupuna Maunga Operational Plan 2020/2021 |
105 |
d⇩ |
Local board resolutions to adopt Local Board Agreements 2020/2021 |
111 |
Ngā kaihaina
Signatories
Author |
Kylie Thompson - Programme Manager |
Authorisers |
Ross Tucker - General Manager, Financial Strategy and Planning Kevin Ramsay - Acting Group Chief Financial Officer Patricia Reade - Acting Chief Executive |
30 July 2020 |
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File No.: CP2020/09739
Te take mō te pūrongo
Purpose of the report
1. To recommend that the Governing Body set the rates for the 2020/2021 financial year.
Whakarāpopototanga matua
Executive summary
2. Legislation requires that rates are set by resolution of the Governing Body after the adoption of the annual plan (Annual Budget 2020/2021) and that they must be set in accordance with the:
· relevant provisions of the council’s long-term plan (including the Revenue and Financing Policy); and
· Funding Impact Statement (FIS) for the 2020/2021 financial year (contained in the Annual Budget (Emergency Budget) 2020/2021).
3. The FIS and recommendations have been prepared to reflect the decisions made on 28 May and 16 July 2020 by the Governing Body.
4. The recommendations in this report also set the instalment dates, early payment discount, and penalties to be applied for late payment for the 2020/2021 financial year.
Recommendation/s That the Governing Body: a) agree under the Local Government (Rating) Act 2002 to set rates and due dates for the 2020/2021 financial year and to authorise the addition of penalties as follows: i) that a Uniform Annual General Charge be set, for all rateable land, at $439 (including GST) per separately used or inhabited part of a rating unit (SUIP) ii) that a general rate be set for all rateable land based on the capital value of the land and at different rates in the dollar for different categories of land (defined in the Funding Impact Statement in the council's Annual Budget (Emergency Budget) 2020/2021) as set out in the table below:
iii) that a Water Quality targeted rate be set on the capital value of all rateable land except land categorised as zero-rated, as defined for rating purposes, of an amount of $0.00010677 (including GST) per dollar of capital value applied to all rateable land categorised as business (Urban business and Rural business), and $0.00006076 (including GST) per dollar of capital value to all rateable land not categorised as business (Urban residential, Rural residential, Farm and lifestyle, urban medium-occupancy online accommodation provider, rural medium-occupancy online accommodation provider, urban moderate-occupancy online accommodation provider, rural moderate-occupancy online accommodation provider, and No road access) as defined for rating purposes iv) that a Natural Environment targeted rate be set on the capital value of all rateable land except land categorised as zero-rated, as defined for rating purposes, of an amount of $0.00007603 (including GST) per dollar of capital value applied to all rateable land categorised as business (Urban business and Rural business), and $0.00004326 (including GST) per dollar of capital value to all rateable land not categorised as business (Urban residential, Rural residential, Farm and lifestyle, urban medium-occupancy online accommodation provider, rural medium-occupancy online accommodation provider, urban moderate-occupancy online accommodation provider, rural moderate-occupancy online accommodation provider, and No road access) as defined for rating purposes v) that waste management targeted rates be set differentially for different categories of land at different fixed amounts, as set out in the table below:
Note to table: For these purposes the various waste services are as set out in the Auckland Waste Management and Minimisation Plan and the Funding Impact Statement in the council’s Annual Plan 2020/2021. vi) that a city centre targeted rate be set differentially for all rateable land in the urban business, urban residential, urban moderate-occupancy online accommodation provider, and urban medium-occupancy online accommodation provider differential categories, as defined for rating purposes, and in the city centre area, of an amount of $0.00131164 (including GST) per dollar of the capital value of the rating unit for urban business rating units and of a fixed amount of $62.40 (including GST) per separately used or inhabited part (SUIP) of a rating unit for urban residential, urban moderate-occupancy online accommodation provider, and urban medium-occupancy online accommodation provider rating units vii) that an accommodation provider targeted rate be set for all rateable land that is in the urban business, rural business, urban moderate-occupancy online accommodation provider, rural moderate-occupancy online accommodation provider, urban medium-occupancy online accommodation, or rural medium-occupancy online accommodation provider differential categories, as defined for rating purposes, and that is located within Zones A or B, and that is operated as Tier one, Tier two, Tier three, Tier four, Tier five, or Tier six accommodation provider type, and be set differentially for different categories of land per dollar of capital value of the portion of the rating unit used for commercial accommodation purposes as set out in the table below:
Note to table: For the purposes the accommodation provider targeted rate the various Zones and Tiers are set out in the Funding Impact Statement in the council’s Annual Budget 2020/2021. viii) that a Rodney Local Board Transport targeted rate be set for all rateable land in the Rodney Local Board area except land categorised as zero-rated as defined for rating purposes, of an amount of $150 (including GST) per separately used or inhabited part of a rating unit (SUIP) ix) that Business Improvement District (BID) targeted rates be set for all rateable land in the urban business or rural business differential categories, as defined for rating purposes, within the defined Business Improvement District areas, of a fixed amount per rating unit and/or a rate in the dollar of capital value of the rating unit, as set out in the table below:
x) that the Ōtara-Papatoetoe and Māngere-Ōtāhuhu swimming pool targeted rates be set for all rateable land in the urban residential, rural residential, urban moderate-occupancy online accommodation provider, urban medium-occupancy online accommodation provider, rural moderate-occupancy online accommodation provider, or rural medium-occupancy online accommodation provider differential categories, as defined for rating purposes, located in the respective Māngere–Ōtāhuhu Local Board or Ōtara-Papatoetoe Local Board area, of a fixed amount per separately used or inhabited part of a rating unit (SUIP), as set out in the table below:
xi) that the swimming/spa pool fencing compliance targeted rate be set for all rateable land on the council’s register of pool fence and barrier inspections, set differentially based on whether the council provides inspection, as a fixed amount per rating unit as set out in the table below:
xii) that the Riverhaven Drive targeted rate be set on land in Riverhaven Drive, Rodney, in respect of which the council has provided financial assistance for the construction of a road that gives access to the rating units, of an amount of $7,416.14 (including GST) per rating unit xiii) that the Waitakere rural sewerage targeted rate be set for all land in the district of the former Waitakere City Council which has an on-site waste management system and in respect of which the council has available the service of pumping out the system and which is scheduled to take place within the three-year period commencing 1 July 2018, of an amount of $200.91 (including GST) for each such on-site waste management system xiv) that the Retro-fit Your Home targeted rate be set on land in respect of which the council has provided financial assistance under the Retro-fit your home scheme, at different levels based on the extent of the outstanding assistance by reference to the year that the ratepayer started repaying the financial assistance by this targeted rate, of an amount set out in the table below:
xv) that the Kumeu Huapai Riverhead Wastewater targeted rate be set on land in respect of which the council has provided financial assistance to connect to the Kumeu Huapai Riverhead pressurised wastewater scheme, at different levels based on the extent of the outstanding assistance by reference to the year that the ratepayer started repaying the financial assistance by this targeted rate, of an amount set out in the table below:
xvi) that the On-site wastewater systems (septic tank) upgrades targeted rate be set on land in respect of which the council has provided financial assistance for the replacement or upgrade of failing on-site wastewater systems (septic tanks) in the west coast lagoons and Little Oneroa catchments, at different levels based on the extent of the outstanding assistance by reference to the year that the ratepayer started repaying the financial assistance by this targeted rate, of an amount set out in the table below:
xvii) that the Point Wells Wastewater targeted rate be set on land in respect of which the council has provided financial assistance to connect to a pressure wastewater collection system in Point Wells, of an amount per rating unit based on the extent of the financial assistance as shown in the following table:
xviii) that the Jackson Crescent Wastewater targeted rate be set on land in respect of which the council has provided financial assistance to connect to a wastewater collection scheme in the Jackson Crescent, Martins Bay area, of an amount of $562.45 (including GST) per rating unit xix) that for the purposes of the above rates, the definitions of accommodation provider, the city centre area, the various Business Improvement Districts, the expression "separately used or inhabited part of a rating unit" and the differential categories for rates charged on a differential basis are as set out in the Funding Impact Statement in the council's Annual Budget (Emergency Budget) 2020/2021 xx) that for the 2020/2021 financial year, all rates except the accommodation provider targeted rate be payable in four equal instalments, on the following due dates:
xxiii) that a further penalty of ten per cent of any rates assessed in any financial year prior to 1 July 2020 that remain unpaid on 1 September 2020, be added on 2 September 2020 xxiv) that a further penalty of ten per cent of any rates to which a penalty has been added under resolution (xxiii) above if those rates are unpaid on 2 March 2021, be added on 3 March 2021. b) agree that in accordance with the council’s Early Payment Discount Policy the discount for the early payment of rates be set at 0.37 per cent of the 2020/2021 rates, if those rates, together with any outstanding prior years’ rates and penalties, are paid in full on or before the due date of the first instalment (31 August 2020). |
Horopaki
Context
5. At its meetings on 28 May and 16 July 2020, the Governing Body agreed recommendations from the Finance and Performance Committee and the Emergency Committee respectively regarding rates policy issues for inclusion in the Emergency Budget 2020/2021. These included:
· an average general rates increase of 3.5 per cent
· an increase to the Uniform Annual General Charge of 3.5 per cent
· continuation of the Long-term Differential Strategy
· increasing the waste management base service targeted rate to $141.03 (including GST)
· increasing the waste management standard refuse rate in the former Auckland City and Manukau City council areas to $141.60 (including GST) and increasing the large refuse rate for those areas to $66.55 (including GST)
· introducing a pool fencing compliance targeted rate
· including the cost of HomeFit assessment ($260 plus GST) in the Retrofit-your-home targeted rate for all new applications of more than $2,000
· introduce a Clevedon wastewater and water connection targeted rate
· introducing a new targeted rate for the One Warkworth BID
· introducing a new targeted rate for the Central Park Henderson BID
· providing for the expansion of the Manukau Central BID
· suspending the Accommodation Provider Targeted Rate until 31 March 2021.
6. The council has decided to discontinue the rural sewerage pump-out service and targeted rate for ratepayers in the Henderson-Massey and Upper Harbour local board areas effective from 1 July 2021. The rural sewerage pump-out service is to be retained for ratepayers in the Waitākere Ranges Local Board area and the targeted rate increased from 1 July 2021 to recover the full cost of providing the service. These decisions will be implemented in the Long-term Plan 2021-2031.
7. Interest has also been removed from all of the loan repayment targeted rates for the 2020/2021 financial year. This will give the council time to work through the implications of the new and existing requirements under the Credit Contracts and Consumer Finance Act 2003 on its various voluntary financial assistance schemes. This change is incorporated in the FIS and the recommendations of this report.
Tātaritanga me ngā tohutohu
Analysis and advice
Rates resolution
8. For the council to assess rates for the 2020/2021 financial year, section 23 of the Local Government (Rating) Act 2002 (LG(R)A) requires the council to set the rates by resolution. The resolutions contained in this report are consistent with the relevant legislation, the long-term plan (10-year Budget 2018-2028), and Emergency Budget 2020/2021.
9. The LG(R)A requires that the instalment due dates and any penalties must also be set in the same resolution as those used to set the rates. The resolutions necessary for the Governing Body to set the rates, instalment due dates, penalties, and early payment discount for the 2020/2021 financial year are included in the recommendations in this report.
Early payment discount, late payment penalties and instalment dates
10. This report recommends that all rates, except the Accommodation provider targeted rate, be payable in four equal instalments on:
· instalment 1: 31 August 2020
· instalment 2: 30 November 2020
· instalment 3: 26 February 2021
· instalment 4: 28 May 2021.
11. This report also recommends that the Accommodation provider targeted rate be payable in one instalment due on 28 May 2021, to reflect the decision to suspend the Accommodation provider targeted rate until 31 March 2021.
12. Officers recommend that a ten per cent penalty be payable for late payment of rates for each rates instalment due date, and that a ten per cent penalty on the previous years’ rates arrears be added in early September rand then again six months later. It is recommended that the council set the penalty rate at ten per cent to discourage the use of the council as a bank by ratepayers. Costs incurred by the council from the late payment of rates must inevitably be met by those ratepayers that pay on time. Most councils use a ten per cent penalty.
13. The council usually imposes the penalty on the previous years’ rates arrears at the beginning of the financial year and then again six months later at the start of the calendar year. Legislation states that the first arrears penalty must be no sooner than five working days after the rates resolution is passed and that the second arrears penalty can be no sooner than six months after the first arrears penalty is imposed.
14. This year the rates resolution is taking place on 30 July. The first arrears penalty cannot be imposed sooner than 6 August. Penalties should not be added in August as this will cause inconsistencies between the rates due on 30 August (which would otherwise include the arrears penalty) and the rates total due stated on the invoices (which would not include the arrears penalty as they will be posted from 3 August).
15. The early payment discount policy is available to ratepayers who pay their full year’s rates before the due date of the first rates instalment. Under this policy, the council provides a discount based on the council’s forecast short-term borrowing cost, 1.0 per cent for 2020/2021. This passes on council’s interest cost saving to those ratepayers who pay early. For the early payment discount to remain cost neutral the early payment discount rate should be set at 0.37 per cent.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
16. The recommendations in this report have been checked by the legal department for legislative compliance.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
17. The Governing Body has decision-making authority for setting rates. Local boards’ views on the rating policy proposals were considered as part of decision making on the Emergency Budget 2020/2021 on 28 May 2020 and 16 July 2020.
Tauākī whakaaweawe Māori
Māori impact statement
18. The council does not hold information on the ethnicity of ratepayers, so is not able to identify the exact impact of the policy options on Māori. The rates recommendations in this report will have a similar impact on Māori as it will on other ratepayers.
Ngā ritenga ā-pūtea
Financial implications
19. The financial implications of the rates set through this report are reflected in the Emergency Budget 2020/2021 document. Rates make up about 40 per of the total revenue for the Auckland Council group. It is projected that the total general rates revenue for 2020/2021 will be $1.77 billion and that targeted rates revenue will be $232 million, before adjusting for rates on council owned property and the $50 million provision for postponed rates revenue.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
20. Rates may be set any time after the Emergency Budget 2020/2021 is adopted. However, the budget has been prepared based on the assumption that rates will be invoiced in early August. Delays in setting the rates or setting rates that are inconsistent with decisions made by the Governing body on 28 May or 16 July may cause late delivery of the first instalment rates assessment/invoice and delay when penalties can be applied. This would result in increased interest costs through the late receipt of rates revenue and result in increased administrative costs.
Ngā koringa ā-muri
Next steps
21. A copy of the rates resolution will be publicly available on council’s website within 20 working days of adopting the rates resolution.
22. Ratepayers will receive the first instalment invoice from 3 August 2020.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Authors |
Andrew Duncan - Manager Financial Policy Eric Wen - Senior Advisor - Financial Policy |
Authorisers |
Ross Tucker - General Manager, Financial Strategy and Planning Kevin Ramsay - Acting Group Chief Financial Officer Patricia Reade - Acting Chief Executive |
Governing Body 30 July 2020 |
|
File No.: CP2020/09386
Te take mō te pūrongo
Purpose of the report
1. To seek agreement to sign a Memorandum of Understanding with the Crown, Kaipara Uri entities and the Northland Regional Council to progress the proposed Kaipara Moana Remediation Programme, and establish a joint committee to provide stewardship and governance for the programme.
Whakarāpopototanga matua
Executive summary
2. On 3 July 2020 the Minister for the Environment confirmed a Crown funding contribution of up to $100 million towards $200 million for the first six-year Kaipara Moana Remediation Programme (remediation programme). The Crown has offered to provide up to $12 million for the first year of the remediation programme, with the balance of Crown funding to year six being conditional to confirmation of fifty per cent council and landowner contribution by the end of financial year 2020/2021, including councils having secured funding contributions through their respective Long-term Plan 2021-2031 processes.
3. Crown funding will come from the $1.1 billion Jobs for Nature package in the 2020 Budget.
4. An indicative business case for the proposed remediation programme was provided to ministers in October 2019. Development of the programme was preceded by considerable scientific work on the environmental impact of sediment – or eroded soil – on the Kaipara Harbour (Kaipara Moana) and how sediment rates might be reduced, close collaboration between councils and Kaipara Uri, and engagement with ministers through 2018 and 2019.
5. The Minister for the Environment now has invited the councils and Kaipara Uri entities (representative bodies for Te Uri o Hau, Te Roroa, Ngā Maunga Whakahī o Kaipara and Ngāti Whātua Ōrākei, as well as the statutory Māori trust board Te Rūnanga o Ngāti Whātua) to sign a Memorandum of Understanding (MOU) with the Crown to progress the proposed remediation programme.
6. A draft MOU has been prepared by government officials, council staff and Kaipara Uri representatives (Attachment A). It identifies the parties to the remediation programme, sets out the background and acknowledges key aspects of it. It also provides the vision, purpose, key principles, investment objectives, and proposed funding arrangements for the programme. If agreed, the MOU can be signed in August 2020.
7. During development of the proposed remediation programme, parties identified that it is of sufficient scale and complexity, including involvement by two councils and five Kaipara Uri entities, to benefit from a shared governance arrangement.
8. Council staff have identified that the most suitable governance vehicle for the remediation programme is a joint committee, pursuant to clause 30(1)(b) and 30A of Schedule 7 of the Local Government Act 2002. Taking this approach will anticipate the creation of a statutory co-governance body for Kaipara Moana through Treaty settlement legislation, involving equal membership of councils and Kaipara Uri members.
9. Terms of Reference for the proposed joint committee have been drawn up by council staff and Kaipara Uri representatives, for agreement by respective councils and Kaipara Uri entities (Attachment B).
10. If agreed, the proposed joint committee can meet in August and begin to provide stewardship and governance for the remediation programme, including assisting in consideration and recommendation of a Year 1 funding agreement with the Crown.
Recommendation/s That the Governing Body: a) delegate authority to the Mayor to sign on behalf of Auckland Council the memorandum of understanding in Attachment A of the agenda report, with the Crown, Kaipara Uri entities and the Northland Regional Council, to progress the Kaipara Moana Remediation Programme. b) delegate authority to the Mayor to agree changes of a minor nature to the memorandum of understanding if required prior to signing, in consultation with the Crown, Kaipara Uri entities and the Northland Regional Council. c) agree to establish a joint committee with the Northland Regional Council and Kaipara Uri entities (the ‘Kaipara Moana Remediation Governance Partnership’) pursuant to clause 30(1)(b) and 30A of Schedule 7 of the Local Government Act 2002, to provide stewardship and governance to the Kaipara Moana Remediation Programme. d) adopt the Terms of Reference in Attachment B of the agenda report and delegate those responsibilities, duties and powers to the Kaipara Moana Remediation Governance Partnership when established. e) delegate authority to the Mayor to agree changes of a minor nature to the Terms of Reference in Attachment B of the agenda report if required, in consultation with Kaipara Uri entities and the Northland Regional Council. f) note the Kaipara Moana Remediation Governance Partnership can only be established when all parties confirm agreement to the Terms of Reference in Attachment B of the agenda report. g) appoint three Auckland Council members to the Kaipara Moana Remediation Governance Partnership. h) delegate oversight of the work of the Kaipara Moana Remediation Governance Partnership to the Environment and Climate Change Committee. i) amend the Governing Body’s Terms of Reference for committees by adding the terms of reference for the Kaipara Moana Remediation Governance Partnership. j) note that the Crown funding contribution of up to $100 million towards $200 million for the first six-year Kaipara Moana Remediation Programme, is conditional to confirmation of fifty per cent council and landowner contribution by the end of financial year 2020-2021, including councils having secured funding contributions through their respective Long Term Plan 2021-2031 processes. k) note that the Crown will provide, subject to a funding agreement being signed, an initial contribution for the Kaipara Moana Remediation Programme of up to $12 million for financial year 2020-2021. l) note that $15 million has been set aside from the water quality targeted rate to support sediment reduction in the Kaipara, and that a $10 million contribution to the first six years of the proposed Kaipara Moana Remediation Programme could be made without a requirement for new budget. |
Horopaki
Context
Government confirmation of funding contribution
11. On 3 July 2020 the Minister for the Environment wrote to Mayor Goff and other mayors and chairs confirming a Crown contribution of $100 million towards the proposed Kaipara Moana Remediation Programme (Attachment C). This preceded a government announcement on 5 July 2020 for funding for Kaipara remediation, alongside 22 other ‘environmental jobs’ projects with a combined value of around $62 million.[1]
12. Councils and Kaipara Uri responded to the announcement with a joint media release (Attachment D).
13. In his letter, the Minister for the Environment invited councils and Kaipara Uri to coordinate public announcements, and negotiate a Memorandum of Understanding (MOU) with the Crown in order to progress the proposed Kaipara Moana Remediation Programme.
14. Council staff and Kaipara Uri have worked with Crown officials and prepared a draft MOU for approval by Auckland Council, the Northland Regional Council, and the respective Kaipara Uri entities.
15. ‘Kaipara Uri entities’ are the representative bodies for Te Uri o Hau, Te Roroa, Ngā Maunga Whakahī o Kaipara and Ngāti Whātua Ōrākei, as well as the statutory Māori trust board Te Rūnanga o Ngāti Whātua. When working together on issues relating to Kaipara Moana, these entities refer to themselves collectively as ‘Kaipara Uri’ (literally, ‘descendants of the Kaipara’). The Kaipara Uri entities have formed the Kaipara Moana Negotiations Reference Group to coordinate their engagement with the Crown and councils.
Long-identified environmental issues for Kaipara Moana
16. Numerous scientific studies over decades have documented the degradation of Kaipara Moana by sediment, or eroded soil, coming from the land and the stream-banks across its extensive approximately 6,000 km2 catchment.
17. In late 2017 the ‘Kaipara Harbour Sediment Mitigation Study’, commissioned by the Northland Regional Council and Auckland Council through the Natural Environment Strategy unit, was released. This significant study identified a range of approaches to reduce sediment loss, documented costs of doing so, and modelled scenarios that indicated the more cost-effective approaches to take. The study also identified basic financial barriers for landowners to undertake mitigations in a timely manner.
Commitment in 2018 by councils and Kaipara Uri to undertake business case work
18. In 2018, Kaipara Uri representatives on the Kaipara Moana Negotiations Reference Group and council representatives on the joint councils’ Kaipara Moana Working Party, discussed and agreed in principle that environmental degradation of Kaipara Moana was a pressing issue requiring action. Waiting for the establishment of a statutory Treaty settlement co-governance body before taking action was not considered reasonable.
Engagement with Ministers 2018 and 2019
19. In 2018 and 2019, ministerial visits to Kaipara Moana were arranged at the invitation of Kaipara Uri, working in coordination with councils. These visits provided an opportunity for ministers to see the problem of sediment in the harbour first hand.
20. In late 2018 the Minister for the Environment confirmed ministers welcomed development of a business case for remediation from councils and Kaipara Uri, to understand better the range of actions needed to improve Kaipara Moana, and identify where efforts can be targeted for best effect. An indication was also given the government was willing to consider funding assistance for programme implementation.
Work to develop indicative business case
21. At the beginning of 2019, Auckland Council’s Healthy Waters department contracted MartinJenkins to assist the councils and Kaipara Uri to prepare a business case for environmental remediation of Kaipara Moana. MartinJenkins facilitated a series of workshops, attended by Kaipara Uri representatives, council staff with expertise in water quality science, land management and governance, independent scientific and environmental strategy experts, and staff from the Ministry for the Environment and the Ministry of Primary Industries. The indicative business case was completed in August 2019.
Visit to Kaipara by Prime Minister
22. On 11 August 2019, the Prime Minister and Minister for the Environment visited a dairy farm at Titoki on the Mangakahia River, a tributary to the Wairoa River in the northern Kaipara catchment. The Prime Minister announced the Kaipara as an ‘exemplar catchment’, eligible to receive funding from a new $12 million government clean waterway fund.
23. The visit provided an opportunity to demonstrate to the Prime Minister work already underway by farmers, and the willingness generally of Kaipara communities to address water-quality issues, but also to stress that a more ambitious approach was required.
Provision of remediation business case to Ministers
24. In October 2019 the councils and Kaipara Uri provided the Kaipara Moana Remediation indicative business case to ministers, with an invitation to discuss how the proposed remediation programme might be funded – the business case set out a programme and identified costs to undertake the remediation works, but was silent on funding contributions.
COVID-19 crisis and Budget 2020 ‘Rebuilding Together’
25. Ministers were expected to respond to the Kaipara remediation proposal in February or March 2020, but this was overtaken by the COVID-19 crisis.
26. The government’s Budget 2020, released on 14 May with a focus on economic recovery, set aside $1.1 billion to create environmental jobs. The Minister of Finance identified Kaipara as an area for support.
Tātaritanga me ngā tohutohu
Analysis and advice
Draft Memorandum of Understanding
27. The draft MOU is designed to progress the proposed Kaipara Moana Remediation Programme (Attachment A). It identifies the parties, sets out the background to the programme, and acknowledges key aspects of it. The MOU then provides the vision, purpose, key principles and investment objectives for the programme.
28. The MOU also sets out key elements of the programme, such as the intention to create a joint committee to provide governance and stewardship, funding arrangements, and other matters.
29. If agreed, signing the MOU provides parties an opportunity to record their commitment to the programme and, with the establishment of shared governance, will allow a funding agreement for Year one (1) to be concluded with the Crown in a timely manner.
30. A funding agreement for Years two (2) to six (6) of the programme (or an extension to the Year 1 agreement), can be concluded when councils have gone through their respective long-term plan processes – that is, in mid-2021.
Conditions of Crown funding after Year 1
31. The Crown has offered to provide up to $12 million for Year 1 of the proposed programme. No requirement is placed on the councils at this time, but it is assumed councils will contribute through existing budgets, including staff time and other in-kind contributions.
32. Crown contributions of up to $100 million in total for the first six years of the programme are conditional to confirmation of a fifty per cent council and landowner co-funding contribution by the end of financial year 2020/2021. Confirmation includes the councils having secured co-funding through their respective Long-term Plan 2021-2031 processes.
Mix of contributions is a common approach
33. Auckland Council and the Northland Regional Council have existing programmes that offer a fifty per cent contribution to landowners who wish to undertake work to improve water quality, such as fencing and riparian planting. These programmes have been over-subscribed for several years. Similar programmes exist around New Zealand and landowners and agricultural sector organisations are generally familiar with and support them.
34. For the remediation programme, a similar approach of contributions by landowners for works undertaken on individual properties is envisaged, including in-kind contributions from labour.
35. Because of specific circumstances in the Kaipara catchment, where farms with highly erodible land (around 13 per cent of the catchment) will require a greater amount of remediation work, an overall landowner contribution of less than fifty per cent, factoring in a contribution from the councils, should result in an improved and timely uptake of works.
36. The preliminary view is that a reasonable land-owner contribution to the cost of remediation works on their properties may be 40% of costs, and that if adopted this would mean a Council contribution of 10% or $20 million over the first six years of the project, proposed to be split evenly between Auckland Council and Northland Regional Council.
37. Auckland Council’s contribution for years 2-6 would need to be confirmed through the 2021-2031 Long Term Plan. This process includes public consultation and would allow for engagement of Kaipara community groups, land-owners and agricultural sector organisations.
Future funding in Years 7 to 10
38. The remediation programme is anticipated to take 10 years to complete at an overall cost of around $300 million.
39. At this stage the Crown has not committed to provide funding after Year 6. The MOU however records that “parties will continue to engage with each other ... to span the funding and period gap to fully achieve the ultimate goals of the Kaipara Moana Remediation Programme (a further $100 million for the remaining four (4) years)”.
Need for shared programme governance
40. In developing the remediation programme, parties identified it is of sufficient scale and complexity to benefit from:
i) a shared governance arrangement
ii) an operational vehicle to deliver the remediation programme, able to span two regional council boundaries and facilitate works across an extensive catchment.
41. Areas of complexity include involvement by two councils and five iwi entities, a need for works to be undertaken at pace and scale across a large catchment area, plus a desire for an integrated catchment management approach.
Anticipated statutory co-governance body provided through Treaty settlement
42. In 2014, through the ‘Kaipara Moana Framework Agreement’, the Crown committed to provide Kaipara Uri a statutory co-governance body (the ‘Kaipara Moana Body’), with equal membership by the councils and Kaipara Uri. The co-governance body would give Kaipara Uri a formal means of contributing, in partnership with councils, to local body decision-making relating to Kaipara Moana.
43. The Crown is currently working to conclude negotiations with Kaipara Uri to achieve this. When a deed of settlement is signed by the Crown and Kaipara Uri, Parliament will need to consider passing appropriate legislation. This process is expected to take between one and two years to complete.
Governance for remediation programme proposed through a joint committee
44. In the absence of a statutory co-governance body, council staff have identified that the most suitable governance vehicle for the remediation programme is a joint committee, pursuant to clause 30(1)(b) and 30A of Schedule 7 of the Local Government Act 2002.
45. If agreed, this approach would be consistent with Crown policy for statutory co-governance bodies involving councils and mana whenua groups, and with what is proposed specifically for Kaipara Moana: a body with an equal number of council and iwi members (‘co-governance’), and with the co-governance body deemed to be a joint committee under the Local Government Act 2002.
Terms of Reference for proposed joint committee
46. Draft Terms of Reference have been prepared for the proposed joint committee (Attachment B), with the name “Kaipara Moana Remediation Governance Partnership” sought for the committee by Kaipara Uri.
47. Appointing a joint committee under Schedule 7 of the Local Government Act 2002 requires a local authority to reach agreement with every other local authority or public body that is to appoint members of the committee.
48. The process proposed to be followed is that, once Auckland Council and the Northland Regional Council have agreed to establish a joint committee and have agreed Terms of Reference for it, and when the Kaipara Uri entities have done the same, the joint committee will be formally appointed. Each council and Kaipara Uri entity will undertake appropriate decision-making processes to confirm agreement.
49. Matters required for agreement under clause 30A(2) of Schedule 7 of the Local Government Act 2002, are summarised in the table below:
Required matters for agreement |
Specified in draft Terms of Reference |
Number of members of each local authority or public body appointing to the committee |
Six (6) appointed by Kaipara Uri entities Three (3) appointed by Auckland Council Three (3) appointed by Northland Regional Council |
How the chairperson and deputy chairperson of the committee are appointed |
A chair from one (1) of the representatives appointed by Kaipara Uri entities A deputy Chair from one (1) of the representatives appointed by either Auckland Council or Northland Regional Council |
Terms of reference for the committee |
See draft Terms of Reference at Attachment B |
What responsibilities (if any) are delegated to the committee by each local authority or public body |
All powers of the Governing Body of the Auckland Council and the Northland Regional Council necessary to perform the Joint Committee’s responsibilities, except the powers that neither Auckland Council nor the Northland Regional Council can legally delegate, for example those powers in schedule 7, clause 32(1) of the Local Government Act 2002. [details in draft Terms of reference] |
How the agreement may be varied |
Terms of reference are to be reviewed at least annually by the Joint Committee, with variation to the terms of reference agreed by the appointing parties. |
50. The preference of Kaipara Uri is for the joint committee to be chaired by a Kaipara Uri appointee, with the deputy chair appointed by councils. This approach is consistent with that currently proposed for the future statutory co-governance body for Kaipara Moana.
51. The Northland Regional Council have offered to provide administrative and governance support for the proposed joint committee.
When established, joint committee to consider and recommend funding agreement with Crown
52. The joint committee, if formed, will be able to consider the details of a funding agreement for the remediation programme with the Crown, and make recommendations as required to the respective councils (and Kaipara Uri entities) to finalise that agreement.
Joint committee to consider best operational vehicle for remediation programme
53. Options for an operational vehicle to deliver the remediation programme can be considered by the proposed joint committee. It is anticipated this can happen relatively quickly.
54. Establishment of an operational vehicle may take time, however, and will largely depend on what decision-making by Auckland Council and the Northland Regional Council (and Kaipara Uri entities) is required.
55. As an interim and pragmatic step to ensure remediation work gets underway in Year 1 of the programme, existing council business units can provide required operational support, with staff time accounted for as an in-kind contribution by councils to the programme. Kaipara Uri entities may also have staff who can be seconded to work on the programme.
Joint committee transitions to statutory co-governance body at some future point
56. As noted, the Crown has committed to providing a statutory co-governance body, comprising equal membership by the councils and Kaipara Uri, for the future governance of Kaipara Moana. This future body will have the scope to take up governance responsibilities for the remediation programme, alongside other functions such as producing a vision and strategy document.
57. The draft MOU records the intention that the joint committee will hand over its role to the future statutory co-governance body. This will avoid a situation where councils sit with Kaipara Uri representatives on two co-governance entities, each requiring support to administer and run.
Remediation programme consistent with Auckland Council’s regional council functions
58. The proposed remediation programme is consistent with the regional council functions Auckland Council has a unitary authority, including responsibilities to manage and support water quality outcomes.
Roles of the Kaipara District Council and the Whangarei District Council
59. The draft MOU records that Kaipara District Council and Whangarei District Council support the outcomes of the Kaipara Moana Remediation Programme. While the district councils will not be direct funders of remediation, and so are not signatories to the MOU nor part of the proposed joint committee, they will continue to support, assist and provide expertise to strategic direction setting and will work alongside iwi, hapū and the community within each district.
60. It is anticipated the Kaipara District Council and Whangarei District Council will be represented on the future statutory co-governance body for Kaipara Moana. The Northland Regional Council will work with the district councils to agree protocols for future decision-making on the proposed remediation programme.
What the remediation programme will not deliver
61. The proposed remediation programme will not solve all environmental problems faced by Kaipara Moana and its catchment. However, the programme is expected to meaningfully reduce contaminant loads discharged to the harbour and primarily eroded sediment. Success of the programme requires sedimentation to be reduced to below ‘ecological effects thresholds’ of the harbour ecosystem.
62. The Crown has responsibility for fisheries management and will need to ensure a sustainable approach is taken in Kaipara Moana, consistent with the investment it will make in the remediation programme. Improved land and water management throughout the Kaipara Moana catchment is expected to support improved productivity within the harbour.
Employment outcomes
63. A focus for government funding under Budget 2020 is job creation, to help weather the anticipated COVID-19 economic recession and accompanying job losses. The proposed remediation programme should produce significant employment outcomes.
64. An economic impact analysis of the programme has identified a likely yearly requirement for 180 direct jobs (from entry level planting and fencing, as well as skilled employment pathways for land management advisors), and 110 indirect jobs (such as nurseries and fencing material provision). These job numbers are calculated from the yearly average of jobs required to implement the programme over 10 years.
Tauākī whakaaweawe āhuarangi
Climate impact statement
65. Sediment is a catch-all contaminant. Reducing sediment loss through the proposed programme is expected to generate wider co-benefits for other water quality contaminants, processes, habitats and values.
66. Farm system resilience will come through a combination of:
· wetland regeneration to detain stormwater, increase stream baseflow and reduce stream peakflow
· stream and river stabilisation by stock-exclusion (fencing), riparian planting, and other effective management solutions
· highly-erodible land stabilisation by space-planting trees, limited pastoral land retirement and strategic establishment of new forests
· innovative green engineered devices, such as detention bunds to detain stormwater and reduce the damage of high rates of surface runoff on water quality and pastoral quality.
67. Reduction of carbon dioxide in the atmosphere will occur from expected planting of 32 million native plants on stock-excluded waterways, 9 million trees for hillside stabilisation, and wetland regeneration. In addition, stabilisation of land and water to extremes of rainfall will enhance resilience of the Kaipara Moana catchments to future climate change effects.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
68. There are interconnections between the proposed remediation programme and the wider regulatory environment. For example, Farm Environment Plans (FEP) are fundamental to the operational approach proposed. A landowner will be supported through the programme to complete a FEP. The FEP will identify prioritised remediation actions tailored to individual farms, catchments, and farmers. The remediation programme will in turn support the landowner to undertake those actions.
69. This approach aligns strongly with farm plans for freshwater quality becoming mandatory for pasture and horticulture nationwide, through the National Environment Standard for Freshwater (NESFW). The auditing of accredited FEPs will directly support Regulatory Services to meet requirements of the NESFW. Design of the FEP and auditing programme will involve input from Regulatory Services, with guidance from Natural Environment Strategy and Plans & Places.
70. In addition, actions proposed to be supported through the remediation programme are strongly aligned with and will in many instances exceed national minimum standards for stock exclusion from streams, lakes and wetlands, riparian planting, and stabilisation of highly erodible land. The remediation programme FEPs and incentivised funding are expected to ensure landowners are compliant with the NESFW.
71. The proposed remediation programme has not budgeted to undertake pest control work. Controlling possums and deer is nevertheless important to successfully implement riparian planting and tree-planting for hillside stabilisation. Auckland Council’s Environmental Services unit supports pest control programmes, including in the Kaipara catchment. It will be important at an operational level for the remediation programme to work closely with these Environmental Services led initiatives, as well as other initiatives funded through the Department of Conservation or undertaken by community groups.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
72. The Rodney Local Board supports Auckland Council signing a MOU with the Crown and Kaipara Uri to progress the Kaipara Moana Remediation Programme (RD/2020/86).
73. The Board also supports the establishment of a joint committee to provide stewardship and governance to the programme. It requests that two local board members and one Governing Body member are appointed as the Auckland Council representatives for the joint committee, “as the Kaipara Harbour is a significant natural asset in the Rodney Local Board area and the success of the partnership will require attention and a commitment of time that the local board considers a significant priority”.
74. Subject to the joint committee being established, the Board has nominated Rodney Local Board Chairperson Phelan Pirrie and Local Board Member Beth Houlbrooke to be appointed.
Tauākī whakaaweawe Māori
Māori impact statement
75. If agreed, the Kaipara Moana Remediation Programme, including the approach taken in its development and the governance partnership through a joint committee, will help achieve Māori outcomes. In particularly, it will contribute to addressing long-standing environmental issues that have been of great concern to Kaipara Uri for generations
76. As recorded in the draft MOU, the proposed programme rests on key principles of rangapu (partnership) and kaitiakitanga (guardianship), the latter being the role and responsibility of Kaipara Uri to exercise their tikanga to remediate, restore and protect the mauri of Kaipara Moana. Importantly, the councils and Kaipara Uri jointly developed the indicative business case for the programme, then provided it jointly to ministers to seek Crown funding.
77. Kaipara Uri have indicated it is important to them that the councils take a consistent approach to governance for Kaipara Moana. If agreed, establishing the ‘Kaipara Moana Remediation Governance Partnership’ as a joint committee, with equal seats between the councils and Kaipara Uri, anticipates the statutory co-governance body the Crown has committed to provide Kaipara Uri.
78. Establishment of the joint committee should also help meet Local Government Act 2002 (section 81(1)) obligations for local authorities to ‘establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority’.
79. Kaipara Uri entities, and other Māori organisations in the wider Kaipara Moana catchment, will have opportunities to provide environmental, labour and advisory services to the remediation programme. There is scope too for engagement by marae and hapū. These opportunities will meet some of the local development aspirations of Kaipara Uri entities and other Māori in the wider catchment of Kaipara Moana.
Ngā ritenga ā-pūtea
Financial implications
81. The preliminary view is that a reasonable landowner contribution to the cost of remediation works on their properties may be 40% of costs, and that if adopted this would mean a Council contribution of 10% or $20 million over the first six years of the project, proposed to be split evenly between Auckland Council and Northland Regional Council.
82. Under current budgetary planning, $15 million has been set aside from the water quality targeted rate to support sediment reduction in the Kaipara, starting in 2020 and continuing to 2030. This means that a proposed $10 million contribution to the first six years of the proposed Kaipara Moana Remediation Programme could be made without a requirement for new budget.
83. For the first year of the proposed programme, the Crown will provide $12 million. Auckland Council can contribute up to $1.0 million, while the Northland Regional Council has up to $0.5 million to contribute.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
84. Labour force mobilisation is likely to be a significant challenge for the proposed remediation programme. To mitigate this risk, programme partners and particularly Kaipara Uri entities, can engage with training sector providers to make them aware of the employment and training needs. With the opportunity of Ministry of Economic Development assistance, Kaipara Uri entities are considering establishing of a ‘Jobs and Skills Hub’ to undertake localised job matching and training. Kaipara Uri entities are also considering establishing their own labour provision services.
85. Failing to secure landowner support for the proposed programme is a risk. To mitigate this risk, communication and engagement with community groups, landowners, agricultural sector organisations, marae and hapū groups, and Māori landowners, will be critical.
86. The wider economic environment in New Zealand remains uncertain. A significant down-turn in global commodity prices would lower the ability of Kaipara landowners to contribute to remediation works and slow their completion. To mitigate this risk, farm environment plans can identify multi-year actions, allowing landowners to distribute cost over time. Economies of scale generated by the programme should also assist.
87. Weather poses a risk. The recent drought across Auckland and Northland has negatively impacted farm revenues. Anecdotally, many trees planted in the last planting season in the Kaipara have not survived the drought. Heavy rain events are also a risk. Careful management and planning of remediation works is required to mitigate these risks.
Ngā koringa ā-muri
Next steps
88. If agreed, the MOU can be signed with the Crown, Kaipara Uri and the Northland Regional Council in August 2020. This will provide an opportunity for media and communications to promote the programme.
89. Also if agreed, the joint committee can be established, and move relatively quickly to meet and:
· consider and recommend a Year 1 funding agreement with the Crown
· commission and approve a Year 1 remediation budget and work-plan for the Kaipara Moana Remediation Programme
· consider and endorse pragmatic Year 1 arrangements with existing council business units to deliver operational outcomes, until an appropriate operational vehicle is established
· formulate the purpose, functions and structure of a vehicle or other arrangement to undertake operational activities required for the programme, and recommend to councils and Kaipara Uri any decisions or actions required to establish it.
90. Work can also begin by the councils on their respective long-term plan processes to ensure council and landowner contributions are confirmed to the Crown in mid-2021, thus securing the Crown financial contribution to years 2 to 6 of the programme.
Attachments
No. |
Title |
Page |
a⇩ |
Draft Memorandum of Understanding - Kaipara Moana Remediation - 22 July 2020 |
159 |
b⇩ |
Draft Terms of Reference - Joint Committee - 22 July 2020 |
173 |
c⇩ |
Letter from Minister for the Environment, 3 July 2020 |
177 |
d⇩ |
Joint Media Release - 5 July 2020 |
179 |
Ngā kaihaina
Signatories
Authors |
John Hutton - Manager Treaty Settlements Craig McIlroy – General Manager Healthy Waters |
Authorisers |
Phil Wilson - Governance Director Patricia Reade – Acting Chief Executive |
30 July 2020 |
|
Elected Members Expense Policy
File No.: CP2020/09005
Te take mō te pūrongo
Purpose of the report
1. To adopt the revised Elected Members Expense Policy (“expense policy”) for referral to the Remuneration Authority for their approval. The draft expense policy is provided as Attachment A.
Whakarāpopototanga matua
Executive summary
2. Each electoral term, the council reviews and adopts an expense policy. It is forwarded to the Remuneration Authority for its approval.
3. The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties and payment of allowances. The Authority has set parameters for the following allowances:
i) communications
ii) mileage
iii) travel time
iv) childcare.
4. The Authority has updated vehicle mileage allowance rates to reflect the new kilometre rates for self-employed people and employees published by the Inland Revenue Department on its website as at 7 June 2019.
5. There is a change to approval processes so that verification for mayor and deputy mayor expenses is now by the Chair of the Audit and Risk Committee. This change is in line with Auditor-General guidance and complies with the ‘one-up’ principle.
6. A childcare allowance is a new provision and the council has discretion around if and how this is applied, within the parameters set by the Authority. Prior to COVID-19, some work was undertaken on formulating a proposal, however staff are recommending that this allowance is not progressed at this time, taking into account the financial constraints reflected by the Emergency Budget.
7. The expense policy also includes rules for the following which relate to sensitive expenditure and there are no recommended changes to these rules:
i) travel
ii) accommodation
iii) professional development
iv) hospitality.
8. Feedback from local boards, which was made prior to COVID-19, is attached in Attachment B.
9. The council’s Head of Assurance Services has reviewed the draft expenses policy and is satisfied it complies with the Local Government Members (2019/20) determination and appropriate probity standards.
Recommendation/s That the Governing Body: a) adopt the Auckland Council Elected Members Expense Policy as attached in Attachment A of the agenda report for referral to the Remuneration Authority for their approval. b) note the feedback from local boards as contained in Attachment B of the agenda report. c) agree that the option of a childcare allowance is not progressed at this time but is reconsidered in 2021/22. |
Horopaki
Context
10. The Remuneration Authority sets the remuneration of elected positions in local government annually. It also sets the rules for allowances and reimbursement of costs met by members in undertaking their duties.
11. Each electoral term, the Authority requires all councils to adopt an expense policy. The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties.
12. The Authority sets some work-related expenses for elected members:
· the maximum allowances payable by councils to elected members for certain activities, such as transport and communications
· the criteria for and amounts payable to, elected members sitting on resource consent hearings.
13. The current expense policy was approved in November 2016. The Authority requested the council provide an Elected Members’ Expense Policy to the Authority for its approval at the beginning of this term.
14. In the previous term the Authority circulated a discussion paper seeking feedback on a proposed new childcare allowance. When the Authority issued its formal 2019/20 determination it included the childcare allowance. The Explanatory Memorandum in the Determination includes:
“This year, for the first time, the Authority has introduced a childcare allowance for members who have responsibility for caring for children under the age of 14 years. The allowance is a contribution towards expenses incurred by the member for the provision of childcare while the member is engaged on local authority business. The allowance is capped and is subject to certain conditions outlined in clause 14 of this determination.
Payment of any or all of the allowances is at the discretion of each council. All the allowances included in this determination are reviewed annually.”
15. The rule about the childcare allowance in the determination is:
14 Childcare allowance
(1) A local authority may pay a childcare allowance, in accordance with subclauses (2) and (3), to an eligible member as a contribution towards expenses incurred by the member for childcare provided while the member is engaged on local authority business.
(2) A member is eligible to be paid a childcare allowance in respect of childcare provided for a child only if—
(a) the member is a parent or guardian of the child, or is a person who usually has responsibility for the day-to-day care of the child (other than on a temporary basis); and
(b) the child is aged under 14 years of age; and
(c) the childcare is provided by a person who—
(i) is not a family member of the member; and
(ii) does not ordinarily reside with the member; and
(d) the member provides evidence satisfactory to the local authority of the amount paid for childcare.
(3) A local authority must not pay childcare allowances to a member that total more than $6,000 per annum, per child.
(4) In this regulation, family member of the member means—
(a) a spouse, civil union partner, or de facto partner:
(b) a relative, that is, another person connected with the member within 2 degrees of a relationship, whether by blood relationship or by adoption.
16. The other change in the 2019/2020 determination relates to vehicle mileage allowance rates to reflect the new kilometre rates for self-employed people and employees published by the Inland Revenue Department on its website as at 7 June 2019.
17. A draft policy was reported to local boards in December 2019. Their feedback is in Attachment B.
Tātaritanga me ngā tohutohu
Analysis and advice
Childcare allowance
18. The purpose of the childcare allowance is to acknowledge that childcare is a cost that is incurred by the role a member has in undertaking council business. Lack of an allowance could be a barrier to people standing as candidates for election.
19. Most local board feedback supported a childcare allowance. Discussions were held with a small working group consisting of local board members Victoria Short, Alexis Poppelbaum and Councillor Shane Henderson about how a childcare allowance might operate practically. These elected members would likely use such an allowance if it were available.
20. Since then however, COVID-19 has led to a changed financial environment and the council’s Emergency Budget. Staff therefore recommend that it is not now the appropriate time to implement a childcare allowance, but this could be re-considered in 2021/2022 depending on whether the financial environment has improved. Working group members support the updated recommendation not to proceed at this time.
Other changes to the expense policy
21. Other changes in the draft expense policy are:
i) verifications of the mayor and deputy mayor’s travel expenses have been changed to the chair of the Audit and Risk Committee or in their absence an alternate independent member of that committee
ii) an added section on health, safety and well-being which includes access to:
· flu vaccinations
· ergonomic assessments
· personal support services e.g. the Employee Assistance Programme.
22. The council’s Head of Assurance Services has reviewed the draft policy and is satisfied it is in compliance with the Local Government Members (2019/20) determination and appropriate probity standards.
Tauākī whakaaweawe āhuarangi
Climate impact statement
23. The expense policy encourages the use of public transport and cycling:
“Auckland Council promotes public transport and cycling as the preferred ways of moving around Auckland. Elected members are expected to use public transport in the first instance, but may also use their private car or council vehicles when on council business.”
24. While there are good cost efficiency reasons for this, it also demonstrates climate impact awareness.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
25. There are no impacts on the wider group.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
26. All boards supported the draft policy (pre COVID-19) apart from the Rodney and Waitematā Local Boards. The Rodney Local Board felt that remuneration should be increased for all in order to cover other hardships as well, and that singling out childcare was arbitrary. The Waitematā Local Board felt the childcare payment should be a reimbursement of actual costs with rates that reflect the minimum living wage.
27. Some boards sought additional changes. The Albert-Eden, Puketāpapa and Waitematā Local Boards have requested a mileage allowance for active modes of transport such as cycles and micro-mobility vehicles. The Remuneration Authority provides a vehicle mileage allowance for petrol, diesel, hybrid and electric vehicles. The New Zealand Transport Agency defines a bike or a “cycle” as “a vehicle with two or more wheels….”. Staff are seeking from the Remuneration Authority their advice on the issue raised by local boards regarding active modes of transport. It is not possible to pay an allowance that is not provided by the Remuneration Authority.
Tauākī whakaaweawe Māori
Māori impact statement
28. It is known that Māori are under-represented in local government and it is also known that one of the barriers to standing for election can be remuneration and coverage of expenses that are incurred. A child-care allowance might lead to more people, including Māori being available to be stand for election.
Ngā ritenga ā-pūtea
Financial implications
29. The cost of a child-care allowance (if it were to be introduced) cannot be accurately estimated at this time as factors such as number of children in childcare and which elected members wish to claim is not known. There is a maximum cap of $6,000 per child.
30. A reasonable estimate is as follows:
· 170 elected members – 10 per cent of whom have children in the 0-14 age-range and who wish to claim childcare expenses = 17 elected members
· each of those members has an average of 2 children within the eligible age-range, equals 34 children
· the contribution towards expenses for each child is capped at $6,000 – giving a total of $204,000 per annum.
31. Staff are recommending to not proceed with a childcare allowance at this time due to the changed financial environment as a result of COVID-19. All other elected member expenses are covered within existing budgets. There is no provision for a childcare allowance in this year’s budget.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
32. The expenditure that is the subject of this policy is sensitive expenditure. The policy needs to withstand public scrutiny and where there is discretion there needs to be a conservative approach. Staff believe that the conditions placed on reimbursement and the processes for approval are appropriate in this context.
33. Staff note that each member’s expenses are provided to the public on the council’s website and that these are audited annually by Audit New Zealand.
Ngā koringa ā-muri
Next steps
34. Following approval by the Governing Body the policy will be forwarded to the Remuneration Authority for approval.
Attachments
No. |
Title |
Page |
a⇩ |
Auckland Council Elected Members Expense Policy |
189 |
b⇩ |
Local board feedback |
205 |
Ngā kaihaina
Signatories
Author |
Warwick McNaughton - Principal Advisor - Democracy Services |
Authorisers |
Rose Leonard – Acting General Manager Democracy Services Phil Wilson - Governance Director Patricia Reade – Acting Chief Executive |
30 July 2020 |
|
Appointments to the Demographic Advisory Panels
File No.: CP2020/06362
Te take mō te pūrongo
Purpose of the report
1. To receive information regarding the appointment of members to the demographic advisory panels and note that a decision will be made in the confidential part of this meeting.
Whakarāpopototanga matua
Executive summary
2. On 5 November 2019, the Governing Body agreed to re-establish the advisory panels (resolution number GB/2019/105) to ensure that the views and needs of a wide range of communities of interest are incorporated in council’s decision-making.
3. Working in partnership with the council’s recruitment team, the following steps were taken:
Timeframe |
Actions |
November 2019 |
Design marketing materials, develop mailing lists, set up recruitment website for all demographic panels |
November – December 2019 |
Promote through former panel members, local boards, social media, marketing through council facilities such as libraries and Proud Centres, Our Auckland, media and through community groups and partner organisations such as Rainbow Youth and Radio Waatea |
January-February 2020 |
After reviewing applications received, extend initial closing date from 10 January to 10 February to carry out more targeted communications and engagement with a focus on increasing the number of Māori candidates and increasing diversity within each panel. Start second phase of building understanding of candidates using video tool |
March-May 2020 |
Shortlisting and interviewing process was initiated. Candidates were invited to attend group interviews (assessment centres) which were set up like mock panel meetings. A key aim of this was to consider how candidates worked in a team environment and to help ensure candidates understood the role of the panels. After a pause due to the COVID-19 lockdown, the interview process was continued online in late April with some adaptations |
May-June |
All short-listed candidates were considered and discussed to ensure that the mix of panel members would provide an appropriate diversity of thought, experience and background |
4. A total of 523 applications were received – this includes 23 applications from previous panel members and 100 people who applied to more than one panel.
5. An initial analysis of gender, ethnicity and local board area showed a higher number of female applicants (56 per cent) and a good ethnic mix with 30 per cent European, 29 per cent Asian, 22 per cent Pacific and 7 per cent Māori. Applications were received from across the region with particularly high numbers from Auckland’s more ethnically diverse local board areas.
6. The advisory panels are a key mechanism in the council’s approach to meet the Auckland Plan’s belonging and participation goals and should be a conduit to ensure that Auckland’s diverse communities are involved in recovery efforts.
7. A report with a list of recommended candidates will be presented in confidence for the Governing Body to consider at this meeting and will remain in confidence until the recommendations are accepted and the successful candidates confirm their acceptance of the appointment.
Recommendation/s That the Governing Body: a) note that a confidential report is included on today’s committee agenda with recommendations on appointments to the demographic advisory panels. b) note that the report is confidential due to the personal information contained in it but the final appointment decisions will be made publicly available at the conclusion of the appointment process. |
Horopaki
Context
8. On 5 November 2019, the Governing Body agreed to re-establish the demographic advisory panels (resolution number GB/2019/105) to ensure that the views and needs of a wide range of communities of interest are incorporated in council’s decision-making.
9. The process followed was different to previous panel recruitment, taking into consideration recommendations made in the 2016-2019 panel review and with a stronger emphasis on teamwork and gaining diversity across all panels.
10. A recruitment website was launched on 10 December 2019 which provided written information, short video clips (vox pops) from previous panel members and links to the 2016-2019 end of term reports. Information was provided in Easy Read format and in New Zealand Sign Language.
11. Interested people could apply online through the site or apply by emailing or posting through an application form direct. A wide range of promotional and marketing activities took place during December 2019 and January 2020 including:
· promotion through former panel members
· targeted engagement with organisations such as Belong Aotearoa, Deaf Radio, Rainbow Youth and the Asian Leaders Forum
· targeted advertising through Pacific and Māori recruitment websites and Build Better Boards
· interviews on Radio Waatea and Pacific media
· stakeholder engagement through a curated mailing list that included a wide range of organisations to target youth, seniors, ethnic, disability, rainbow and pacific networks
· Our Auckland, media and social media promotion
· written material and posters available through local board offices, council libraries and community facilities including Proud Centres.
12. The website attracted 11,377 unique visitors during this period.
13. The second stage in the process invited candidates to submit a short video to build a greater understanding of what candidates felt they would bring to the panel. Alternatives were provided for those unable or uncomfortable providing a video: audio, written, phone and in person through drop-in sessions around the region – this also provided an opportunity to answer any questions candidates might have.
14. Following short-listing, assessment centres were used as a way of assessing candidates. For each assessment centre, there were an equal number of assessors (the interview panel) and candidates. The interview panel included liaison councillors, lead and deputy lead officers, former panel members and a range of staff from across the organisation. The assessment centres were intended to allow:
· the bulk assessment of candidates to save time
· a mock advisory panel to test the candidates and to help them understand the role
· one on one interviews
· the ability to review behaviours and skills - individually and in groups
· the candidate to succeed with a more interactive and fun environment and
· varied ways to allow people to shine.
15. Two assessment centres were scheduled for each advisory panel – one in a central location and one in either west or south Auckland. At the start of the COVID-19 lockdown, just over half of the scheduled assessment centres had taken place. This process was then taken online with a number of adaptations and was completed from late April to mid-June 2020.
Tātaritanga me ngā tohutohu
Analysis and advice
16. A total of 500 external applications were received for the six demographic advisory panels with over 100 people applying to more than one panel. In addition, 23 former panel members re-applied to the panels; three of whom applied to more than one panel. The total number of applications by panel is as follows:
Panel |
Number of applications |
Disability |
84 |
Ethnic |
193 |
Pacific |
114 |
Rainbow |
60 |
Seniors |
89 |
Youth |
119 |
17. An initial analysis of gender and ethnicity was carried out based on information provided and are outlined in the graphs below:
18. The interview panel reviewed all of the short-listed applicants to determine which candidates to recommend to each advisory panel. Scores from each stage of the process were compiled and candidates were considered with reference to the following criteria:
· their understanding of the role
· their ability to provide policy advice and feedback
· their understanding and connection with their community
· their ability to work as a team
· their understanding of Te Tiriti o Waitangi and cultural competence.
19. In addition, the interview panel considered the mix of candidates to ensure that there was some continuity from the previous term, a range of geographical representation, lived-experience, age, gender and ethnicity within each panel.
20. A total of nine candidates have been recommended for each panel. In addition, each panel has a reserve list of three or more candidates who can be approached should vacancies occur during the coming year. The criteria and the diversity of the mix of panel members will remain a key consideration when determining any replacements to the panel.
Tauākī whakaaweawe āhuarangi
Climate impact statement
21. There are minimal climatic or environmental impacts arising from the decision-making processes relating to this report. Panel members have been selected on the basis of their ability to provide advice about diverse communities.
22. The revised selection process implemented during lockdown reduced the need for candidates and the interview panel to travel to and from assessment centres and demonstrated that some aspects of the panel work could be taken online.
23. Panel meetings have traditionally been held face to face which has required travel and for most, has also involved printed papers. Discussions will be held with each advisory panel to consider how digital technology can be used to complement face to face meetings and to reduce the reliance on printed materials.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
24. While the advisory panels have connected with the council-controlled organisations (CCOs) during the previous term, the CCOs have had no input into the selection process for the advisory panels. However, support and advice were provided to Auckland Transport during the establishment of their own Public Transport Accessibility Group and it is anticipated that there will be a particularly strong ongoing connection between this group and the Disability Advisory Panel.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
25. Promotion was carried out through local boards and their associated social media and communication platforms. In addition, direct engagement took place with Pacific local board members Lemauga Lydia Sosene (Māngere-Ōtāhuhu Local Board) and Victoria Short (Hibiscus and Bays Local Board) who offered to assist in reaching their communities and to encourage diversity within the panels.
26. The total number of applications by local board follows:
Tauākī whakaaweawe Māori
Māori impact statement
27. One of the council’s strategic priorities for Māori outcomes is to increase participation in decision-making. This was intended by increasing the minimum number of representatives with lived-experience in Te Ao Māori and knowledge of contemporary issues facing Māori from one to two people in the panels, with the potential exception of the Ethnic and Pacific Peoples Advisory Panels.
28. A leaflet was produced to actively encourage Māori participation in the panels. through greater use of Te Reo and a stronger call to action to emphasise the importance of having Māori representation within the panels. This was used in targeted promotion through a number of channels including through Ngā Mātārae and the staff Manawa networks, an interview on Radio Waatea as well as through Mahi and Māori / Pacific job sites. In addition, connections were made with Ngāti Whātua Orākei and Ngāti Whātua o Kaipara who promoted the opportunity through their networks.
29. A total of 46 candidates identified their primary ethnicity as Māori. This was 7 per cent of the total number of candidates. The breakdown by panel is:
Panel |
Number of self-identified Māori candidates |
Disability |
7 |
Ethnic |
8 |
Pacific |
9 |
Rainbow |
6 |
Seniors |
2 |
Youth |
14 |
30. After shortlisting, the percentage of remaining candidates who identified their primary ethnicity as Māori was 13 per cent.
31. To support the selection process, staff from Ngā Mātārae were initially involved in assessment centres and some of the final decision-making but unfortunately this was not able to be continued for all panels during the COVID-19 lockdown period because staff had been redeployed to emergency response.
Ngā ritenga ā-pūtea
Financial implications
32. The Long-term Plan 2018-2022 set an annual budget of $401,740 for the operations of the six demographic and three sector advisory panels. This includes the costs of staff supporting the panels.
33. In light of the council’s budgetary constraints post COVID-19, the frequency of meetings will be reduced during the coming year to save costs. Other cost saving measures will include a reduction in the panels’ community engagement budget, a change in the scope and scale of cross panel meetings and an increased use of digital technology instead of face to face activities where possible. These measures are estimated to save over $150,000.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
34. The Auckland Plan’s Belonging and Participation outcome outlines that “Auckland's diversity includes persistent and growing inequality, often more substantially impacting Māori and Pasifika communities.”
35. It continues: “New Zealand legislation incorporates the principles of inclusion, anti-discrimination and human rights. However, discriminatory practices and prejudicial attitudes towards people continue to play out in every-day life and impact on emotional and mental health.”
36. The advisory panels should remain a key part of the council’s approach in addressing these belonging and participation issues. They should be a key conduit to ensure that Auckland’s diverse communities are involved in recovery efforts so that inequalities are considered and addressed as far as possible.
Ngā koringa ā-muri
Next steps
37. On behalf of the mayor, staff will present a report in the confidential part of today’s meeting with a list of the proposed candidates for appointment. The report will remain in confidence until the Governing Body adopts the recommendations and the successful candidates confirm their acceptance of the appointment.
38. The mayor will identify interim chairs or co-chairs for each advisory panel. These roles will need to be confirmed by the panels within three months.
39. The Inaugural Demographic Advisory Panel meeting is provisionally scheduled to take place on Monday 31 August.
40. Unsuccessful applicants will be invited to stay involved with the work of the advisory panels through a ‘Friends of the panels’ mailing list and will also be encouraged to get involved with other initiatives where possible – for example, youth candidates will be encouraged to participate in local board youth voice groups.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol Hayward - Principal Advisor Panels |
Authorisers |
Rose Leonard – Acting General Manager Democracy Services Phil Wilson - Governance Director Patricia Reade - Acting Chief Executive |
Governing Body 30 July 2020 |
|
Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 30 July 2020
File No.: CP2020/08886
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 |
1/7/20 |
CONFIDENTIAL: Drought Issues (workshop with Watercare) |
5. The following memoranda have been sent:
Date |
Memorandum |
2/7/20 |
CONFIDENTIAL: Infrastructure Growth Charges |
6. These documents can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;
o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.
7. 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.
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 – 30 July 2020. |
Attachments
No. |
Title |
Page |
a⇩ |
Forward Work Programme |
221 |
Ngā kaihaina
Signatories
Author |
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors |
Authoriser |
Patricia Reade - Acting Chief Executive |
30 July 2020 |
|
Tira Kāwana / Governing Body 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 |
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Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
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Americas Cup 2021 |
Locations, infrastructure and funding |
Decisions to approve locations, infrastructure and funding |
As and when required |
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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
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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 Decision to appoint a new chief executive June 2020 in confidential Chief
Executive appointed July 2020 |
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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: Appointments
to board of City Rail Link 25 June 2020 |
As and when required |
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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 |
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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 Decisions on Emergency Budget and consultation Decisions on Emergency Budget feedback Final adoption of Emergency Budget
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Adoption |
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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)
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Annual Report |
Statutory requirement
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Decision to adopt the Annual Report |
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Committee Forward Work Programmes |
Responsibility for oversight of work programmes of all committee of the Governing Body.
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Decisions to note the forward work programmes |
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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
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Decision to adopt new Elected Members Code of Conduct
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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 Terms of
Reference amended to include working parties November 2019 Terms of
Reference amended to include the Emergency Committee March 2020 |
As and when required |
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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 Change
for Attendance by Electronic Link 25 June 2020
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As and when required |
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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
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Consultation documents |
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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
Progress to date: Item deferred 26 March 2020
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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.
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Proposal |
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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.
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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.
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Proposal |
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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.
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Options |
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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.
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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.
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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.
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Proposal |
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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.
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Proposal |
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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.
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Proposal |
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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.
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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
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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
Progress to date: Enterprise
Risk COVID-19 Update 25 June 2020
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Deferred to April |
Deferred |
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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
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As and when required |
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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
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Deferred |
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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 |
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Deferred to April |
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Strategy |
Watercare is accountable for the metropolitan water supply system - the continuity, supply and quality of drinking water as well as customer service and communication. They are also responsible for the management and treatment of wastewater. |
Monitoring drought situation.
Progress to Date: Update
from Watercare 25 June 2020 Update on
water matters from Auckland Council 25 June 2020
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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 |
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 Decision on submission in Inquiry into 2019 election
February 2020
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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 |
30 July 2020 |
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Summary of Confidential Decisions and related information released into Open
File No.: CP2020/09910
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 |
9/6/20 |
Appointment of Auckland Council Chief Executive |
25/6/20 |
Animal Ethics Committee |
4. 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.
Recommendation/s That the Governing Body: a) note the confidential decisions and related information that are now publicly available.
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Attachments
No. |
Title |
Page |
a⇩ |
9 June 2020 - Appointment of Auckland Council Chief Executive |
231 |
b⇩ |
25 June 2020 - Animal Ethics Committee |
235 |
Ngā kaihaina
Signatories
Author |
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors |
Authoriser |
Patricia Reade - Acting Chief Executive |
Governing Body 30 July 2020 |
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Exclusion of the Public: Local Government Official Information and Meetings Act 1987
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: Appointments to the Demographic Advisory Panels
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, the report contains information on candidates recommended for the demographic advisory panels. This information should not be made public until the governing body endorses the candidate and the Ministry of Justice criminal history check is completed. |
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. |