I hereby give notice that an ordinary
meeting of the Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 24
September 2020
10.00am
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Hon Phil Goff, CNZM, JP
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Deputy Mayor
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Deputy Mayor Cr Bill Cashmore
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Councillors
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Cr Josephine Bartley
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Cr Richard Hills
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Cr Dr Cathy Casey
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Cr Tracy Mulholland
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Cr Fa’anana Efeso Collins
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Cr Daniel Newman, JP
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Cr Pippa Coom
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Cr Greg Sayers
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Cr Linda Cooper, JP
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Cr Desley Simpson, JP
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Cr Angela Dalton
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Cr Sharon Stewart, QSM
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Cr Chris Darby
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Cr Wayne Walker
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Cr Alf Filipaina
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Cr John Watson
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Cr Christine Fletcher, QSO
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Cr Paul Young
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Cr Shane Henderson
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(Quorum 11 members)
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Sarndra O'Toole
Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
21 September 2020
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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.
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Governing Body
24 September
2020
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ITEM TABLE OF CONTENTS PAGE
1 Affirmation 7
2 Apologies 7
3 Declaration of
Interest 7
4 Confirmation
of Minutes 7
5 Petitions 7
6 Public Input 7
6.1 Public Input: Maritime Union of New
Zealand - Health and Safety at the Port of Auckland 7
7 Local Board
Input 8
8 Extraordinary
Business 8
9 Review of
drought restrictions for the 2020/2021 summer season (Covering report) 9
10 Memorandum of
Understanding between Auckland Council and Hamilton City Council 11
11 Independent review into
Ports of Auckland’s health and safety: terms of reference (Covering
report) 19
12 Referred from Audit and
Risk Committee - Health, Safety and Wellbeing Update - August 2020 21
13 Referred from Audit and
Risk Committee - Enterprise Risk Update - August 2020 and Auckland Council Top
Risk Quarterly Update - September 2020 33
14 Recommendations from
Regulatory Committee, Proposal to amend the Cemeteries and Crematoria Bylaw
2014 35
15 Recommendations from
Regulatory Committee, Alcohol Control 2014 - Statement of Proposal 75
16 Summary of Governing Body
information memoranda and briefings (including the Forward Work Programme) - 24
September 2020 129
17 Summary of Confidential
Decisions and related information released into Open 139
18 Consideration
of Extraordinary Items
His Worship the Mayor will read the
affirmation.
2 Apologies
At the close of the agenda no apologies
had been received.
3 Declaration
of Interest
Members are reminded of the need to be
vigilant to stand aside from decision making when a conflict arises between
their role as a member and any private or other external interest they might
have.
4 Confirmation
of Minutes
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That the Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 27 August 2020, as a true and
correct record.
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5 Petitions
At the close of the agenda no requests to
present petitions had been received.
6 Public
Input
Standing Order 7.7 provides for Public Input.
Applications to speak must be made to the Governance Advisor, in writing, no
later than one (1) clear working day prior to the meeting and must
include the subject matter. The meeting Chairperson has the discretion to
decline any application that does not meet the requirements of Standing
Orders. A maximum of thirty (30) minutes is allocated to the
period for public input with five (5) minutes speaking time for
each speaker.
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6.1 Public
Input: Maritime Union of New Zealand - Health and Safety at the Port of
Auckland
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Te take mō te pūrongo
Purpose
of the report
1. Simon
Mitchell on behalf of the Maritime Union of New Zealand will address the
Governing Body.
Whakarāpopototanga matua
Executive
summary
2. Simon
Mitchell will speak to the Governing Body regarding the concerns of the Maritime
Union of New Zealand about health and safety at the Port of Auckland from a
worker perspective.
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Ngā
tūtohunga
Recommendation/s
That the Governing Body:
a) receive
the presentation from Simon Mitchell on behalf of the Maritime Union of New Zealand
regarding concerns about health and safety at the Port of Auckland.
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7 Local
Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
At the close of
the agenda no requests for local board input had been received.
8 Extraordinary
Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item
that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by
resolution so decides; and
(b) The presiding member
explains at the meeting, at a time when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the
discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an
item is not on the agenda for a meeting,-
(a) That item may be discussed
at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation
may be made in respect of that item except to refer that item to a subsequent
meeting of the local authority for further discussion.”
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Governing Body
24 September
2020
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Review
of drought restrictions for the 2020/2021 summer season (Covering report)
File No.: CP2020/13829
Te take mō te
pūrongo
Purpose of the report
1. To
consider amendments to the drought restrictions applied by the Emergency
Committee on the 7 May 2020.
Whakarāpopototanga matua
Executive summary
2. This
is a late covering report for the above item. The comprehensive agenda report
was not available when the agenda went to print and will be provided prior to
the 24 September 2020 Governing Body meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Governing Body
24 September
2020
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Memorandum of Understanding between
Auckland Council and Hamilton City Council
File No.: CP2020/11290
Te take mō te
pūrongo
Purpose of the report
1. To
agree a memorandum of understanding with Hamilton City Council in recognition
of our common interests as local authorities and to formalise a strategic
relationship.
Whakarāpopototanga matua
Executive summary
2. At
a meeting in June 2020 it was agreed that staff draw up a memorandum of
understanding between Auckland Council and Hamilton City Council.
3. The
purpose of such a document is to reflect areas of common interest and
opportunities to work together more closely in these areas.
4. There
will be regular meetings with elected members and staff based on an agreed
agenda.
5. Nothing
in the memorandum of understanding restricts either council’s autonomy,
purpose, role and functions under any legislation.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) agree
the memorandum of understanding with Hamilton City Council in Attachment A of
the agenda report, dated September 2020
b) agree
that the Mayor and Deputy Mayor be Auckland Council’s elected member
representatives and that other councillors be invited dependent on the topic
and timing of meetings
c) delegate
the signing of the memorandum of understanding with Hamilton City Council to
the Mayor and Chief Executive
d) delegate
the making of any minor amendments to the memorandum of understanding, as
agreed with Hamilton City Council, to the Mayor and Chief Executive
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Horopaki
Context
6. On
12 June 2020, the Mayor, Deputy Mayor, Councillor Cooper, Chair Taipari and
staff met with Hamilton City Council counterparts, including Mayor
Southgate. The purpose of the meeting was to discuss and agree Hamilton
City Council allowing Watercare to use some of their allocated water take to
provide water to Auckland. This was subsequently agreed and the Waikato
Regional Council recently granted approval for this transfer of allocation.
7. In
the course of this meeting, there was discussion and agreement on the benefits
of the two councils working together more closely and strategically.
Staff were asked to draft up a memorandum of understanding to that effect.
Tātaritanga me ngā
tohutohu
Analysis and advice
8. The
final draft memorandum of understanding is appended at Attachment A. It
provides some background to the document and then focusses on three particular
elements:
· Formal
and informal meetings
· Common
interest topics
· Collaborative
and open approach
9. The
meeting schedule referenced in paragraphs one and two will need to be finalised
once the document is signed by both parties but intends regular meetings to be
held between elected members and staff.
10. Paragraph
three illustrates the type of common issues that could form the basis for
discussion and joint work. The list is not comprehensive but, in my view,
covers the key areas of interest.
11. Importantly,
paragraph 11 makes it clear that nothing in the memorandum of understanding
restricts each council’s autonomy, purpose, role and functions under any
legislation. The document is based on relationship, good will and a
desire to work more closely together on strategic matters.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
12. The
memorandum of understanding in itself has no impact on climate. However,
it does provide opportunities to work together around climate matters and
topics like urban growth, ports/freight/logistics, central government
engagement and strategic priorities will inevitably include climate within
them.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
13. Across the
organisation and group, at a staff level, we already have relationships with
Hamilton City Council. This memorandum of understanding puts some
formality around that work.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
14. Local Boards
have not been asked for any views or input into this document. Franklin
Local Board does meet with a number of Waikato-based councils in the course of
their work and the Chair and Deputy Chair are supportive of this memorandum of
understanding.
Tauākī whakaaweawe
Māori
Māori impact statement
15. The
memorandum of understanding in itself has no direct impact on Māori in
either council area. Each council will need to continue to honour Te
Tiriti o Waitangi obligations and relationships with iwi/hapu/mātawaka in
their jurisdictions.
16. Some of the
common interest topics may impact Māori directly but any actions would
need to be taken in consultation and partnership with Māori and by the appropriate
council.
Ngā ritenga
ā-pūtea
Financial implications
17. There will be
elected member and staff time associated with giving effect to this memorandum
of understanding. No other funding is required.
18. If any action
is agreed between the parties that requires specific financial spend, then this
will need to be found within existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
19. There are no
risks associated with the document as it is not a legally binding document and
does not restrict either council’s autonomy, purpose, role and functions
under any legislation.
Ngā koringa ā-muri
Next steps
20. Staff will
finalise a meeting schedule and, in particular, the timing and agenda for the
first meeting of elected members.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Final draft memorandum of understanding with Hamilton
City Council
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15
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Ngā kaihaina
Signatories
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Author
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Megan Tyler - Chief of Strategy
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Authoriser
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Jim Stabback - Chief Executive
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Governing Body
24 September
2020
|
|
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Governing Body
24 September
2020
|
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Independent review into Ports of
Auckland’s health and safety: terms of reference (Covering report)
File No.: CP2020/13806
Te take mō te
pūrongo
Purpose of the report
1. To
approve the terms of reference of an independent review into health and safety
at Ports of Auckland.
Whakarāpopototanga matua
Executive summary
2. This
is a late covering report for the above item. The comprehensive agenda report
was not available when the agenda went to print and will be provided prior to
the 24 September 2020 Governing Body meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Governing Body
24 September
2020
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Referred from Audit and Risk Committee -
Health, Safety and Wellbeing Update - August 2020
File No.: CP2020/12985
Te take mō te
pūrongo
Purpose of the report
1. To
receive the Health, Safety and Wellbeing Update – emerging risks and
issues referred by the Audit and Risk Committee.
Whakarāpopototanga matua
Executive summary
2. The
Audit and Risk Committee considered the Health, Safety and Wellbeing Update
– emerging risks and issues at its meeting on 15 September 2020.
3. The
Audit and Risk Committee resolved as follows:
“Resolution Number AR/2020/72
That the Governing Body:
a) note
the summary and organisational responses in the report and refer this report to
the Governing Body and draw the attention of elected members to their duties
under the Health and Safety at Work Act 2015, along with any commentary the
committee thinks appropriate
b) forward the report to
Local Boards for their information.”
4. Clause
a) of the recommendation refers the report to the Governing Body, in its role
as the person or organisation conducting a business or undertaking and is in
line with duties outlined in the Health and Safety at Work Act 2015.
5. The
original Health, Safety and Wellbeing Update – emerging risks and issues
to the Audit and Risk Committee is appended as Attachment A to this report.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the report and the responsibility of elected members with regards to their
duties under the Health and Safety at Work Act 2015
b) note
that the report has been provided to all local boards for their information.
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
|
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a⇩
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Original Health, Safety and Wellbeing Report - August
2020 to Audit and Risk Committee on 15 September 2020
|
23
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Ngā kaihaina
Signatories
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Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
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Governing Body
24 September
2020
|
|
Referred from Audit and Risk Committee -
Enterprise Risk Update - August 2020 and Auckland Council Top Risk Quarterly
Update - September 2020
File No.: CP2020/12108
Te take mō te pūrongo
Purpose of the report
1. To
receive the recommendations from the Audit and Risk Committee and note both
updates.
Whakarāpopototanga matua
Executive summary
2. At
its meeting on 24 August 2020, the Audit and Risk Committee considered the Enterprise
Risk Update – August 2020 and resolved as follows:
“Resolution Number AUD/2020/45
That the Audit and Risk Committee:
a) note
the risk activities and enterprise top risk update
b) refer
the Enterprise Risk Update to the Governing Body for information.”
3. At
its meeting on 15 September 2020, the Audit and Risk Committee considered the
Auckland Council Top Risk Quarterly Updated – September 2020 and resolved
as follows:
“Resolution Number AUD/2020/64
That the Audit and Risk Committee:
a) note the
Auckland Council Top Risk Quarterly Update
b) note
the tree risk assessment report and City Rail Link risk updates
c) refer
the Auckland Council Top Risk Quarterly Update report to the Governing Body for
information.”
4. The
original report to the Audit and Risk Committee on 24 August 2020 is available
as part of the Audit and Risk Committee agenda and can be accessed at the
following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/08/AUD_20200824_AGN_9642_AT.htm#PDF2_ReportName_75879
5. The
original report to the Audit and Risk Committee on 15 September 2020 is
available as part of the Audit and Risk Committee agenda and can be accessed at
the following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/09/AUD_20200915_AGN_10328_AT.htm#PDF2_ReportName_76417
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) receive
the Enterprise Risk Update – August 2020 and the Auckland Council Top
Risk Quarterly Update – September 2020.
|
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere
/ Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
Recommendations from Regulatory
Committee, Proposal to amend the Cemeteries and Crematoria Bylaw 2014
File No.: CP2020/12106
Te take mō te
pūrongo
Purpose of the report
1. To
receive the recommendations from the Regulatory Committee and adopt the
statement of proposal for the Cemeteries and Crematoria Bylaw 2014.
Whakarāpopototanga matua
Executive summary
2. At
its meeting on 1 September 2020, the Regulatory Committee considered the
attached report and resolved as follows:
“Resolution Number REG/2020/53
That the Regulatory Committee:
a) note
that this committee determined in April 2019 that a bylaw about council
cemeteries and crematoria is still the most appropriate way to manage
activities that may cause public safety hazards, damage to property, and
unnecessary distress to mourners or relatives.
b) recommend
the Governing Body adopt the statement of proposal in Attachment A of this
agenda report for public consultation, and confirm that the proposed amended
Cemeteries and Crematoria Bylaw 2014:
i) is the most appropriate form of bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the New
Zealand Bill of Rights Act 1990.
c) recommend
the Governing Body forward to the Independent Māori Statutory Board the
proposal in clause b) for their advice.
d) recommend
the Governing Body forward to local boards this agenda report and attachment
for their information.
e) appoint Chairperson Cr Linda Cooper, Cr Efeso Collins and
Independent Māori Statutory Board Member Glenn Wilcox to attend
‘Have Your Say’ events and to deliberate and make recommendations
to the Governing Body on public feedback to the proposal in clause b).
f) delegate authority to the Regulatory Committee chairperson to make replacement
appointments to the bylaw panel if a panel member is unavailable.
g) delegate
authority through the Chief Executive to a manager responsible
for bylaws:
i) to appoint staff to
receive public feedback at ‘Have Your Say’ events
ii) to
make any amendments to the proposal in clause b) to correct errors, omissions
or to reflect decisions made by the Regulatory Committee or the Governing Body.
3. The
original report with attachments can be accessed at the following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/09/REG_20200901_AGN_9766_AT.htm#PDF2_ReportName_76242
4. The
statement of proposal considered by the Regulatory Committee at its meeting of
1 September 2020 is appended as Attachment A.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) adopt
the statement of proposal in Attachment A of this agenda report for public
consultation, and confirm that the proposed amended Cemeteries and Crematoria
Bylaw 2014:
i) is
the most appropriate form of bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the
New Zealand Bill of Rights Act 1990.
b) forward
the proposal in clause b) to the Independent Māori Statutory Board for
their advice.
c) forward
this agenda report and attachment to local boards for their information.
d) note
the delegated authority through the Chief Executive to a manager
responsible for bylaws:
i) to
make any amendments to the proposal in clause b) to correct errors, omissions
or to reflect decisions made by the Regulatory Committee or the Governing Body.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Statement of Proposal considered by the Regulatory
Committee on 1 September 2020
|
37
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
|
Governing Body
24 September
2020
|
|
Recommendations from Regulatory
Committee, Alcohol Control 2014 - Statement of Proposal
File No.: CP2020/12107
Te take mō te
pūrongo
Purpose of the report
1. To
receive the recommendations from the Regulatory Committee and adopt the
statement of proposal for the Alcohol Control 2014 Bylaw.
Whakarāpopototanga matua
Executive summary
2. At
its meeting on 1 September 2020, the Regulatory Committee considered the
attached report and resolved as follows:
“Resolution Number REG/2020/52
That the Regulatory Committee:
a) note
that this committee completed the review of the Alcohol Control Bylaw 2014 in
April 2019 and determined that a bylaw about the consumption or possession of
alcohol in public places is still the most appropriate way to address crime or
disorder in certain public places caused or made worse by alcohol consumed
there.
b) recommend
the Governing Body adopt the statement of proposal in Attachment A of this
agenda report for public consultation, and confirm that the proposed amended
Alcohol Control Bylaw 2014:
i) is
the most appropriate form of bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the New Zealand
Bill of Rights Act 1990.
c) recommend
the Governing Body forward to the Independent Māori Statutory Board the
statement of proposal in clause b) for their advice.
d) recommend
the Governing Body forward to local boards this agenda report and attachments
for their information.
e) appoint
Deputy Chairperson Cr Josephine Bartley, Cr Cathy Casey and Independent
Māori Statutory Board Member Glenn Wilcox to attend ‘Have Your
Say’ events and to deliberate and make recommendations to the Governing
Body on public feedback to the statement of proposal in clause b).
f) delegate
authority to the Regulatory Committee chairperson to make replacement
appointments to the bylaw panel if a panel member is unavailable.
g) delegate
authority through the Chief Executive to a manager responsible for bylaws:
i) to
appoint staff to receive public feedback at ‘Have Your Say’ events
ii) to
make any amendments to the proposal in clause b) to correct errors, omissions
or to reflect decisions made by the Regulatory Committee or the Governing
Body.”
3. The
original report with attachments as can accessed at the following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/09/REG_20200901_AGN_9766_AT.htm#PDF2_ReportName_76241
4. The
statement of proposal considered by the Regulatory Committee at its meeting of
1 September 2020 is appended as Attachment A.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) adopt
the statement of proposal in Attachment A of this agenda report for public
consultation, and confirm that the proposed amended Alcohol Control Bylaw
2014:
i) is the most appropriate form of bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the
New Zealand Bill of Rights Act 1990.
b) forward
the statement of proposal in clause a) to the Independent Māori
Statutory Board for their advice.
c) forward
the agenda report and attachments to local boards for their information.
d) note
the delegated authority through the Chief Executive to a manager responsible
for bylaws:
i) to
make any amendments to the proposal in clause a) to correct errors, omissions
or to reflect decisions made by the Regulatory Committee or the Governing
Body.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Statement of Proposal considered by the Regulatory
Committee on 1 September 2020
|
77
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
|
Governing Body
24 September
2020
|
|
Summary of Governing Body information
memoranda and briefings (including the Forward Work Programme) - 24 September
2020
File No.: CP2020/12394
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 memoranda have been distributed:
|
Date
|
Subject
|
|
31/8/20
|
CCO review workshop
question - S92(2) Local Government Auckland Council Act
|
|
15/9/20
|
Kia
Ora Tāmaki Makaurau – Māori outcomes performance measurement
framework
|
5. The
following workshops/briefings have taken place:
|
Date
|
Workshop/Briefing
|
|
26/8/20
|
Auckland
International Airport Limited
|
|
16/9/20
|
CONFIDENTIAL:
Ports of Auckland Limited
|
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.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the progress on the forward work programme appended as Attachment A of the
agenda report
b) receive
the Summary of Governing Body information memoranda and briefings – 27
August 2020.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Forward Work Programme
|
131
|
|
b⇨
|
Memorandum - CCO review workshop question - S92(2)
Local Government Auckland Council Act (Under Separate Cover)
|
|
|
c⇨
|
Memorandum - Kia Ora Tāmaki Makaurau –
Māori outcomes performance measurement framework (Under Separate
Cover)
|
|
|
d⇨
|
Workshop: 26 August 2020 - Auckland
International Airport Limited (Under Separate Cover)
|
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
|
Tira Kāwana / Governing Body
Forward Work Programme 2020
The Governing Body deals with strategy
and policy decision-making that relates to the environmental, social,
economic and cultural activities of Auckland as well as matters that are not
the responsibility of another committee. The full terms of reference can
be found here: Auckland Council Governing Body Terms of
Reference
|
|
Area of work and Lead Department
|
Reason for work
|
Committee role
(decision and/or direction)
|
Expected timeframes
Highlight the month(s) this is expected
to come to committee in 2020
|
|
Jan
|
Feb
|
Mar
|
Apr
|
May
|
Jun
|
Jul
|
Aug
|
Sep
|
Oct
|
Nov
|
Dec
|
|
Americas Cup 2021
|
Locations, infrastructure and funding
|
Decisions to approve locations, infrastructure and
funding
|
As and when required
|
|
Chief Executive’s Performance Objectives
|
The Appointments and Performance Review Committee has
the delegation to recommend performance objectives.
The Governing Body must then consider the
recommendations and make a decision.
|
Decision to approve performance objectives
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
Link to decision open process report
Link to restatement
Report on
shareholder approval of major transaction 27 August 2020
Link to decision
|
As and when required
|
|
Review of council- controlled organisations
|
Overview of and decisions relating to any
council-controlled organisations review including the implementation of any
resulting changes to council-controlled organisations
|
Decision on appointment of a council-controlled
organisations review panel
Consider draft report on the key issues, feedback from
the community and stakeholders
Decision on final report and recommendations
Progress
to date:
11 August
2020 – Confidential Workshop
19 August
2020 – Confidential Workshop
Decision
on the CCO Review 27 August 2020
Link to decision
Report
and proposal to merge Auckland Tourism, Events and Economic Development
(ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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)
|
|
|
|
|
|
|
|
|
|
|
|
Consultation Documents
|
|
Annual Report
|
Statutory requirement
|
Decision to adopt the Annual Report
|
|
|
|
|
|
|
|
|
|
Adoption
|
|
|
|
Committee Forward Work
Programmes
|
Responsibility for oversight of work programmes of all
committee of the Governing Body.
|
Decisions to note that all committee have adopted a
forward work programme
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Review of Code of Conduct
|
The experience of working with the current Code of
Conduct indicates that it could be further improved. In particular, it could
be clearer about complaint, investigation and resolution processes, as well
as available sanctions
|
Decision to adopt new Elected Members Code of Conduct
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Terms of Reference
|
The Terms of Reference enables the governing Body to
delegate to committees those power necessary for them to carry out their
responsibilities to the most efficient and effective levels.
Any changes to the Terms of Reference must be done by
the Governing Body.
|
Decision to adopt the Terms of Reference
Decision to adopt changes to Terms of Reference
Progress
to date:
Terms of
Reference approved November 2019
Link to decision
Terms of
Reference amended to include working parties November 2019
Link to decision
Terms of
Reference amended to include the Emergency Committee March 2020
Link to decision
|
As and when required
|
|
Standing Orders
|
Statutory requirement under
the Local Government Act 2002, Schedule 7, clause 27
Originally adopted 16/12/2010
|
Decision to amend standing orders
Progress
to date:
Change in
light of COVID-19 March 2020
Link to decision
Change
for Attendance by Electronic Link 25 June 2020
Link to decision
|
As and when required
|
|
Tūpuna Maunga o Tāmaki Makaurau Operations
Plan
|
Section 60 of
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna
Maunga Authority) and Auckland Council to annually agree an operational plan
as part of the annual or long-term plan process.
This requires
the council to consult on a summary of the Draft Tūpuna Maunga o
Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).
The
Governing Body is also required to adopt the final plan.
|
Decision to adopt Operations Plan and summary
Progress
to date:
Adopt
draft plan and summary for consultation February 2020
Link to decision
Adoption of
Plan and Summary 30 July 2020
Link to decision
|
|
Consultation documents
|
|
|
|
|
|
|
|
|
|
|
|
Health, Safety and Wellbeing
|
The Governing
Body has the role of the person or organisation conducting a business or
undertaking.
|
Decision to receive quarterly Health, Safety and
Wellbeing report
Progress
to date:
Item
deferred 26 March 2020
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Alcohol Control Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
Animal Management Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
Options
|
|
Cemeteries and Crematoria Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
Freedom Camping
|
Explore the need for and options for regulating freedom
camping in Auckland
Regulatory response may be
required following completion of research and pilot
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
Options
|
|
|
|
Navigation Safety Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
|
Proposal
|
|
Outdoor Fire Safety Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
Options
|
|
Property Maintenance Nuisance Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
Signage Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
|
Proposal
|
|
Stormwater Bylaw
|
Legislative requirement to review
the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
|
|
Trading and Events Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
Traffic Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
Options
|
|
Water Supply and Wastewater Network Bylaw 2015
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
Options
|
|
Mayoral Housing Taskforce Steering Group
|
Oversee the progress and implementation of the June
2017 Mayoral Housing Taskforce report.
|
Decision to setup, agree and approve membership of
group
Decision to receive six-monthly updates
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Auckland Council Top Risk Register
|
The Audit and Risk Committee will refer the risk
register to the Governing Body every quarter.
|
Decision to note the top risk register and risk heat
map
Decision to receive quarterly reports
Progress
to date:
Enterprise
Risk COVID-19 Update 25 June 2020
Link to decision
|
|
|
Deferred to April
|
Deferred
|
|
|
|
|
|
|
|
|
|
Te Tiriti o Waitangi / Treaty of Waitangi
|
The Crown negotiates settlements with iwi on a confidential
basis and from time to time invites Council to express its views.
The Te Tiriti o Waitangi / Treaty of Waitangi
Settlement Working party is accountable to the Governing Body and reports its
findings to the Governing Body.
|
Decision to approve submissions to the Crown as and
when required
Decision to approve establishment and on-going
implementation of co-management and other governance arrangements
Progress
to date:
Formation
of Kaipara Moana Remediation Joint Committee 30 July 2020
Link to decision
|
As and when required
|
|
Governance Framework Review
|
The Joint Governance Working Party will make
recommendations to the Governing Body on governance matters of mutual
interest to the Governing Body and local boards
|
Decisions on Joint Governance Working Party
recommendations
Decisions on Service Levels and Funding
Decisions on Governance Framework Review implementation
as required
|
|
Deferred to April
|
|
Deferred
|
|
|
|
|
|
|
|
|
|
Water 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
Link to decision
Update on
water matters from Auckland Council 25 June 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
National Three Waters Programme
|
The Minister of Local Government recently established
a joint central-local government steering committee to provide oversight and
guidance to support the reform, and to assist in engaging with local
government, iwi/Māori, and other water sector stakeholders on options
and proposals.
|
Decision to opt in to the first sage of the national
three waters reform programmes
Progress
to Date:
Report
and decision on opt in 27 August 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
Completed
|
Lead Department
|
Area of work
|
Committee role
(decision and/or direction)
|
Decision
|
|
Environmental Services
|
Ark in the Park
|
Decision to appoint GB representatives to Ark in the
Park.
|
Appointment of councillor representatives February
2020
Link to decision
|
|
Democracy Services
|
Local government elections
Evaluation of 2019 election and preparation for 2022
election
|
Consider evaluation report of 2019 election
Decision on submission to Justice Select Committee
Inquiry into 2019 election
Decision on voting system for the 2022 election and
whether to establish Māori wards
|
Decision on evaluation and Māori wards February
2020
Link to decision
Decision on submission in Inquiry into 2019 election
February 2020
Link to decision
|
|
Community and Social Policy
|
Food Safety Information Bylaw Review
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision to
Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Adoption of Food Safety Information Bylaw Review 30
April 2020
Link to decision
|
|
Finance
|
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
|
Decision
on Emergency Budget and consultation given COVID-19 – 16 April 2020 in
confidential and released on 7 May 2020
Link to decision
Decisions on Emergency Budget and consultation
14 May 2020 Confidential
Link to decision 21
May 2020 released 25 June 2020
Link to decision 28
May 2020 released 25 June 2020
Decisions on Emergency Budget feedback
Link to decision 16
July 2020
Final adoption of Emergency
Budget
Link to decision 30 July 2020
|
|
Democracy Services
|
Elected members expense policy
|
Responsibility to adopt expense policy rules for
Remuneration Authority approval
|
Adoption of policy 30 July 2020
Link to decision
|
|
People and Performance
|
Appointment of Chief Executive
|
Statutory requirement
|
Decision
to appoint a new chief executive June 2020 in confidential
Chief Executive appointed July 2020
Link to announcement
|
|
Governing Body
24 September
2020
|
|
Summary of Confidential Decisions and
related information released into Open
File No.: CP2020/12789
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 that can now be released into the public domain.
3. The
following decisions/documents are now publicly available:
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.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the confidential decision and related information that is now publicly
available:
i) Appointment
to Demographic Panels
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Appointment to Demographic Panels
|
141
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
24 September
2020
|
|
