I hereby give notice that an ordinary
meeting of the Council Controlled Organisation Oversight Committee will be held
on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 27
October 2020
1.00pm
Room 1, Level
26
135 Albert St
Auckland
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Kōmiti Aromātai Whakahaere
Kaupapa Kei Raro
I Te Maru O te Kaunihera /
Council Controlled Organisation Oversight
Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Mayor Cr Bill Cashmore
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Deputy Chairperson
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Cr Angela Dalton
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Members
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Cr Josephine Bartley
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Cr Tracy Mulholland
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Cr Dr Cathy Casey
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Cr Daniel Newman, JP
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Cr Fa’anana Efeso Collins
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Cr Greg Sayers
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Cr Pippa Coom
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Cr Desley Simpson, JP
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Cr Linda Cooper, JP
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Cr Sharon Stewart, QSM
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Cr Chris Darby
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IMSB Chair David Taipari
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Cr Alf Filipaina
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Cr Wayne Walker
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Cr Christine Fletcher, QSO
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Cr John Watson
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Mayor Hon Phil Goff, CNZM, JP
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Cr Paul Young
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IMSB Member Hon Tau Henare
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Cr Shane Henderson
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Cr Richard Hills
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(Quorum 11 members)
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Michelle Judge
Kaitohutohu Mana Whakahaere /
Governance Advisor
21 October 2020
Contact Telephone: 021723228
Email: michelle.judge@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Terms of Reference
Responsibilities
The purpose of the committee is to:
·
have a general overview and insight into the strategy, direction
and priorities of all Council Controlled Organisations (CCO)
·
set policy relating to CCO governance
·
approve CCO Statements of Intent
·
monitor performance of CCOs and other entities in which the
council has an equity interest (such as CRLL, Tāmaki Regeneration Company
and Haumaru Housing).
Key responsibilities include:
·
monitoring the financial and non-financial performance targets,
key performance indicators, and other measures of each CCO and the performance
of each organisation
·
advising the mayor on the content of the annual Letters of
Expectations (LoE) to CCOs and Ports of Auckland Limited
·
exercising relevant powers under Schedule 8 of the Local
Government Act 2002, which relate to the Statements of Intent of CCOs
·
exercising relevant powers under Part 1 of the Port Companies Act
1988, which relate to the Statements of Corporate Intent for port companies
·
exercising Auckland Council’s powers as a shareholder or
given under a trust deed, including but not limited to modification of
constitutions and/or trust deeds, granting shareholder approval of major
transactions where required, exempting CCOs, and approving policies relating to
CCO and CO governance
·
approval of a work programme which includes a schedule of
quarterly reporting of each CCO to balance reporting across the meetings.
Powers
(i) All
powers necessary to perform the committee’s responsibilities.
Except:
(a)
powers that the Governing Body cannot delegate or has retained to itself
(section 2)
(b)
where the committee’s responsibility is limited to making a
recommendation only
(ii) Power to
establish subcommittees.
Auckland Plan Values
The Auckland Plan 2050 outlines a future
that all Aucklanders can aspire to. The values of the Auckland Plan 2050 help
us to understand what is important in that future:
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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Council Controlled
Organisation Oversight Committee
27 October
2020
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ITEM TABLE
OF CONTENTS PAGE
1 Apologies 9
2 Declaration of
Interest 9
3 Confirmation
of Minutes 9
4 Petitions 9
5 Public Input 9
6 Local Board
Input 9
7 Extraordinary
Business 10
8 Summary of
Council Controlled Organisation Oversight Committee information items
(including the forward work programme) - 27 October 2020 (Covering report) 11
9 Liaison
councillors' updates (Covering report) 13
10 Proposed review of
non-substantive council-controlled organisations (Covering report) 15
11 Proposed name for merged
entity (Covering report) 17
12 Consideration of
Extraordinary Items
PUBLIC EXCLUDED
13 Procedural
Motion to Exclude the Public 19
C1 CONFIDENTIAL: Proposed name for
merged entity (Covering report) 19
An apology from
Cr L Cooper has been received.
2 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.
3 Confirmation
of Minutes
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That the Council Controlled Organisation Oversight Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday, 22 September 2020, including the
confidential section, as a true and correct record.
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4 Petitions
At the close of
the agenda no requests to present petitions had been received.
5 Public
Input
Standing Order
7.7 provides for Public Input. Applications to speak must be made to the
Governance Advisor, in writing, no later than one (1) clear working day
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
At the close of
the agenda no requests for public input had been received.
6 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.
7 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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Council
Controlled Organisation Oversight Committee
27 October
2020
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Summary
of Council Controlled Organisation Oversight Committee information items
(including the forward work programme) - 27 October 2020 (Covering report)
File No.: CP2020/15510
Te take mō te
pūrongo
Purpose of the report
1. To
note the progress on the forward work programme appended as Attachment A.
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 27 October 2020 Council Controlled Organisation Oversight Committee
meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Council
Controlled Organisation Oversight Committee
27 October
2020
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Liaison councillors' updates (Covering
report)
File No.: CP2020/15511
Te take mō te
pūrongo
Purpose of the report
1. To receive an update from liaison councillors to the boards of
Council Controlled Organisations (CCOs).
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 27 October 2020 Council Controlled Organisation
Oversight Committee meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Council
Controlled Organisation Oversight Committee
27 October
2020
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Proposed review of non-substantive
council-controlled organisations (Covering report)
File No.: CP2020/15512
Te take mō te
pūrongo
Purpose of the report
1. To
approve a framework and timing for a review of the status of
Auckland Council’s non-substantive council-controlled organisations.
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 27 October 2020
Council Controlled Organisation Oversight Committee meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Council
Controlled Organisation Oversight Committee
27 October
2020
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Proposed name for merged entity
(Covering report)
File No.: CP2020/15514
Te take mō te
pūrongo
Purpose of the report
1. To
provide an update on the process used to develop recommendations from the board
of Regional Facilities Auckland Limited (RFAL) to council on a name for the
merged entity, resulting from the amalgamation of RFAL and Auckland Tourism,
Events and Economic Development Limited (ATEED) planned for 1 December 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 27 October 2020 Council Controlled Organisation Oversight Committee
meeting.
Ngā tūtohunga
Recommendation/s
The recommendations will be provided in the
comprehensive agenda report.
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Council
Controlled Organisation Oversight Committee
27 October
2020
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Exclusion of the Public: Local Government Official Information
and Meetings Act 1987
That the Council
Controlled Organisation Oversight Committee
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
This resolution
is made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting in
public, as follows:
C1 CONFIDENTIAL:
Proposed name for merged entity (Covering report)
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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.
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s7(2)(i) -
The withholding of the information is necessary to enable the local authority
to carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations).
In
particular, the report contains information that could prejudice the Regional
Facilities Auckland Ltd. board's negotiation position.
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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.
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