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, 29
October 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
23 October 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
29 October
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
7 Local Board
Input 7
8 Extraordinary
Business 8
9 Extension of
the Tripartite Economic Alliance between Auckland, Guangzhou and Los Angeles 9
10 Clarification of expiry
date for Construction and Wharves Bylaws 23
11 Recommendation from the
Regulatory Committee - Proposal to make a new bylaw about Navigation Safety 27
12 Recommendation from the
Regulatory Committee - Review findings and options for the Outdoor Fire Safety
Bylaw 31
13 Summary of Governing Body
information memoranda and briefings (including the Forward Work Programme) - 29
October 2020 33
14 Preparation of the
Auckland Council Annual Report 2019/2020 and Auckland Council Summary Annual
Report 2019/2020 49
15 Consideration
of Extraordinary Items
PUBLIC EXCLUDED
16 Procedural
Motion to Exclude the Public 59
C1 CONFIDENTIAL: Office of the
Auditor-General briefing 59
C2 CONFIDENTIAL: Adoption of the
Auckland Council Annual Report 2019/2020 and Auckland Council Summary Annual
Report 2019/2020 59
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, 24 September 2020, including the
confidential section, 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.
At the close of
the agenda no requests for public input had been received.
7 Local
Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
At the close of
the agenda no requests for local board input had been received.
8 Extraordinary
Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item
that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by
resolution so decides; and
(b) The presiding member
explains at the meeting, at a time when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the
discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an
item is not on the agenda for a meeting,-
(a) That item may be discussed
at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b) no resolution, decision or
recommendation may be made in respect of that item except to refer that item to
a subsequent meeting of the local authority for further discussion.”
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Governing Body
29 October
2020
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Extension of the Tripartite Economic Alliance between Auckland,
Guangzhou and Los Angeles
File No.: CP2020/14329
Te
take mō te pūrongo
Purpose of the report
1. To agree the extension of the Tripartite
Economic Alliance with Guangzhou, China, and the City of Los Angeles, the
United States of America, for two years and the approval of the Memorandum of
Understanding.
Whakarāpopototanga matua
Executive summary
2. Since
2014, the Tripartite Economic Alliance (the Alliance) has enhanced
Auckland’s political, economic and trade relationship with two globally
important partner cities, raised Auckland’s international profile and
established a platform to promote ongoing collaboration.
3. The
second three-year term of the Alliance will expire in November 2020.
4. COVID-19
has reaffirmed the value of international partnerships and cooperation in
sharing of pandemic recovery strategies.
5. Guangzhou
and Los Angeles have indicated their support for a two-year extension of the
Alliance under the terms of the draft Memorandum of Understanding (refer
Attachment A).
6. Climate
action, green port initiatives and emergency preparedness cooperation are among
the areas of mutual interest, alongside business and economic
connectivity.
7. The
high-level, relationship-based MoU is a non-legally binding document with no
commitment to host events or undertake international travel.
8. Council
department and CCOs that have previously engaged in the Alliance or are
interested in engaging support the proposed extension. They include the Chief
Planning Office (Auckland Design Office and Chief Sustainability Office),
Auckland Emergency Management, ATEED, Regional Facilities Auckland and Watercare.
The Independent Māori
Statutory Board (IMSB) and Ports of Auckland (POAL) are also supportive.
9. Auckland
will benefit economically as well as reputationally from continuing the
alliance. Examples of business and commercial outcomes associated with the
Alliance from 2014 to 2019 are outlined in Attachment B.
10. There
could be some reputational and relationships risks should Auckland be the only
party to decline to extend the Alliance as proposed.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) agree
the extension of the Tripartite
Economic Alliance for two years by approving the Memorandum of Understanding
in Attachment A of the agenda report
b) delegate
the making of any minor amendments to the Memorandum of Understanding, as
agreed with Guangzhou and Los Angeles, to the Mayor
c) delegate
the signing of the Memorandum of Understanding with Guangzhou and Los Angeles
to the Mayor
d) note
the recorded business and commercial outcomes of the Alliance from 2014-2019
in Attachment B of the agenda report.
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Horopaki
Context
The Alliance from 2014-2019
11. In
October 2014, the Regional Strategy and Policy Committee approved
Auckland’s participation and engagement in the Alliance with Los Angeles
and Guangzhou (REG/2014/125). Tripartite Summits were held annually on a
rotational basis among the three cities over the following years. They provided
a platform for mayors and business leaders to support and develop business,
trade and investment opportunities.
12. In
July 2017, the Environment and Community Committee approved Auckland’s
participation and engagement in the Alliance for a further three years
(ENV/2017/94). Annual Tripartite Summits were replaced with Tripartite-related
activities aligned to a significant trade/innovation event in the host
city.
13. In
May 2019, during Tripartite-related activity in Auckland, Mayor Goff, Party
Secretary of Guangzhou ZHANG Shuofu and Deputy Mayor of Los Angeles Jeff Gorell
made a joint announcement which acknowledged the previous accomplishments of
the Alliance that have strengthened collaboration between the three cities.
14. Building
on the strong business and economic connectivity, the three cities also agreed
in 2019 to strengthen cooperation in other areas of collective interest,
including sharing best practice on environmental protection, sustainability,
climate action and emergency preparedness.
15. A
Memorandum of Agreement (MoA) on Emergency Preparedness Cooperation was signed
in Auckland on 20 May 2019.[1] Auckland Emergency Management staff and their counterparts in
Guangzhou and Los Angeles had a teleconference in September 2019. All three
parties were enthusiastic about progressing the engagements.
16. The
Alliance has won several awards both nationally and internationally. The awards
have raised Auckland’s profile and reputation and affirmed the Alliance
as an exemplar of innovative international city-to-city engagement.
17. Attachment
B outlines success stories of the Alliance from 2014 to 2019, including the
awards won and a collection of recorded business and commercial outcomes
compiled by ATEED. This demonstrates the value of the Alliance to the council
and the Auckland region over the past six years.
The Alliance in 2020 and the proposed
extension
18. The
second three-year term of the Alliance will expire in November 2020. In late
2019, Council and ATEED staff began discussions with the Alliance partners
about the future of the Alliance and a possible Tripartite-related event to be
held in Guangzhou in 2020.
19. However,
COVID-19 disrupted the ability of the three cities to plan for this event in
Guangzhou. Regardless, the cities’ shared experiences in addressing the
global pandemic’s challenges and support over the past few months have
demonstrated the value of international partnerships and collaboration.
20. Both
Guangzhou and Los Angeles have indicated their support for a two-year extension
under the terms outlined in the proposed MoU.
Tātaritanga me ngā
tohutohu
Analysis and advice
21. Staff
recommend that the council agree to extend the Alliance under the terms
outlined in the MoU.
22. During
the past six years, the Alliance has enhanced Auckland’s political,
economic and trade relationship with two globally important partner cities. As
a result, a platform is now in place to continue building and promoting ongoing
collaboration between the three cities.
23. City
diplomacy has a strong role to play in the future where COVID-19 recovery is at
the top of central and local government agendas.[2] The
unique tri-city partnership that Auckland has with these two Pacific gateway
cities is critical in ensuring Auckland stays relevant and connected
internationally. The Alliance will continue to enable adaptive and
purposeful engagement as our region and communities strive to recover from the
current crises.
24. The
proposed extension is for a shorter period of two years, without the previous
commitment for each city to host resource-intensive Tripartite-related
activities on a rotational basis.
25. As
part of ongoing business, extension of the Alliance will enable the council
group to maintain valuable relationships utilising current
resources. Alliance activity will complement rather than duplicate
Auckland’s involvement in other international city networks, such as the
C40 Cities Climate Leadership Group (C40), which is chaired by Mayor Eric Garcetti,
City of Los Angeles.
26. By
extending the Alliance for a further two years and without the commitment to
the former resource and cost-intensive events and international travel,
Auckland will continue to demonstrate its stewardship of this strategic
tri-city partnership.
27. Several
central government agencies including the Ministry of Foreign Affairs and Trade
(MFAT), New Zealand Trade and Enterprise (NZTE), the New Zealand Film
Commission and Education New Zealand have been involved with and were supportive
of the Alliance activity during the previous two terms.
28. Central
government agencies’ presence in both Guangzhou and Los Angeles, in
particular MFAT and NZTE, has provided valuable opportunities for Auckland to
build on and grow relationships. MFAT in particular has
an ongoing interest in the evolution of the Alliance as evidenced by
expressions of support for continued engagement from their representations in
Guangzhou and Los Angeles.
29. The
council’s Legal and Risk department has reviewed the draft document and
confirmed there would be no legal issues with the proposed extension.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
30. Addressing
the climate emergency has been identified as an area of shared interest under
the proposed extension. It will provide opportunities to strengthen
collaboration around climate and sustainability related to urban growth, green
port[3] initiatives and other areas of collective interest.
31. The
signing of the MoU will be done completely electronically, negating any travel
related climate impacts. Furthermore, the future
focus will be on virtual Tripartite engagement rather than physical events
involving international travel.
32. As
all Alliance cities have pledged to respond to the climate emergency, the
extension will deliver value through these city-to-city relationships.
Collaboration with cities like Los Angeles, which is at the forefront of
dealing with this issue, presents a valuable opportunity for Auckland.
33. The
Chief Sustainability Office will be consulted and involved to ensure the
Alliance’s climate activity aligns with and supports the implementation
of Te Tāruke-ā-Tāwhiri: Auckland Action Framework and
complements the council group’s engagement in C40.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and
views
34. The
proposed extension is supported by council departments and CCOs that have
previously engaged in the Alliance or are interested in engaging over the next
two years: the Chief Planning Office (Auckland Design Office and Chief
Sustainability Office), Auckland Emergency Management, ATEED, Regional
Facilities Auckland and Watercare.
35. Ports
of Auckland Ltd (POAL) is supportive of the proposed two-year extension and
would like to take part in the discussion on green port initiatives.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board
views
36. Staff
have not sought feedback from local boards on the proposed extension. Decisions
on the council’s formal agreements involving international relations and
partnerships are regional decisions.
37. It
is expected that whilst the focus of the extended Alliance over the next two
years is on regional level issues, longer-term benefits will be seen across the
region at the local level across all communities in Auckland.
Tauākī whakaaweawe
Māori
Māori impact statement
38. Staff
communicated with the Chair and the Interim Chief Executive of the Independent
Māori Statutory Board and
they expressed the Board’s support for the proposed extension.
39. The
Board also consider that with increased COVID-19 impacts, it is desirable to
bolster existing international relationships. The Board acknowledge the relevance
of the areas of focus identified for the proposed extension, particularly
acknowledging the value of international urban partnerships in supporting the
COVID-19 recovery and addressing the climate emergency. The Board are also
particularly interested in a dialogue in how they can support indigenous and
vulnerable communities in both of these areas. The Board is mindful of the
demands on budgets, so may want to consider the best way to measure success of
the Alliance.
40. There
has been an active and ongoing focus on engaging Māori businesses through
the Tripartite partnership over the years. Several Māori businesses, iwi
and cultural representatives have participated in the Tripartite delegations to
Los Angeles and Guangzhou, including Te Whānau O Waipareira Trust,
Whānau Tahi, Poutama Trust, Mika Haka, Ngāti Whātua
Ōrākei Trust, and more.
41. In
2019, ATEED worked with the Whāriki Māori Business Network and
developed a Māori Business Forum to showcase and connect more than 30
Māori businesses from technology and creative sectors to the delegates
from Guangzhou and Los Angeles.
42. Following
the previous practices in 2014 and 2017 to honour Te Tiriti o Waitangi
obligations, the MoU will be signed in Te Reo Māori, English and Chinese.
43. Attachment
B includes additional examples of Māori business engagement.
Ngā ritenga
ā-pūtea
Financial implications
44. There
will be some elected member and staff time required to give effect to this MoU.
No other funding is required.
45. Council
staff resourcing to support the work associated with the Alliance is budgeted
as part of business as usual programmes.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
46. There
are no legal risks associated with the MoU as it is not a legally binding document
and does not create any obligations on the parties.
47. There
are some potential risks to the council if Auckland is the only party that
declines to extend the Alliance as proposed:
· Reputational risk:
Auckland would withdraw from its role as the steward of this strategic tri-city
alliance which would impact adversely its longstanding partnerships with
Guangzhou and Los Angeles.
· Political risk:
Auckland’s declining to extend the Alliance might be perceived as a
politically influenced decision in the current global geo-political environment
and jeopardise the strong partner city relations.
· Risk to forego the
opportunity to leverage the Alliance and promote international collaboration to
support Auckland’s priorities on climate action and COVID-19 recovery
Ngā koringa ā-muri
Next steps
48. The
next steps are:
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Date
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Task
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November
2020
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Agree to extend
the Alliance for a further two-year period
The mayors of
the three cities electronically sign the MoU
|
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Ongoing
|
International
Relations staff work with the Tripartite partners, council group and relevant
stakeholders to initiate work collaborating on shared priorities (such as
climate action and emergency preparedness)
|
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Sept-Dec
2022
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Undertake
internal and external consultation prior to the expiry of the Alliance Update
and seek approval from the Governing Body on the future of the Alliance
|
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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Draft Memorandum of Understanding
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15
|
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b⇩
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Tripartite Success Stories 2014-2019
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17
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Ngā kaihaina
Signatories
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Author
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Kimberley Wu - Manager of
International Relations
|
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Authorisers
|
Steve Van Kampen - Governance Support
Manager
Kenneth Aiolupotea - General Manager
Democracy and Engagement
Phil Wilson - Governance Director
Jim Stabback - Chief Executive
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|
Governing Body
29 October
2020
|
|
|
Governing Body
29 October
2020
|
|
|
Governing Body
29 October
2020
|
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Clarification of expiry date for
Construction and Wharves Bylaws
File No.: CP2020/15124
Te take mō te
pūrongo
Purpose of the report
1. To
clarify the expiry date for the Wharves Bylaw 2015 and the Construction in the Road
Corridor and Other Public Places Bylaw 2015.
Whakarāpopototanga matua
Executive summary
2. At its meeting on 29 October 2015 the Governing Body passed
resolutions confirming several legacy bylaws. These included the Construction
in the Road Corridor and Other Public Places Bylaw 2015 and Wharves Bylaw 2015
(construction and wharves bylaws).
3. The
resolution GB/2015/112 stated that these bylaws will continue until 31 October
2020 at which time they will be automatically revoked. This
date is procedurally incorrect and appears to have been included in error to
reflect the legislative expiry date.
4. The
Local Government Act 2002 provides that a bylaw must be reviewed within five
years (section 158). If the bylaw is not reviewed within that time, there is a
further two years to make a replacement bylaw before the existing bylaw expires
(section 160A).
5. This
means that the construction and wharves bylaws will expire on 29 October 2022.
6. To
avoid uncertainty and risk of a regulatory gap, staff recommend that Governing
Body amend resolution GB/2015/112 to clarify that the expiry date for the
construction and wharves bylaw will be 29 October 2022 as contained in Attachment A.
7. The reviews of the construction and wharves bylaws (including making
any new bylaws) are scheduled to be completed by October 2022. Both bylaws will
remain in force until then.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) agree
to amend part of previous resolution GB/2015/112 passed at
the Governing Body meeting on 29 October 2015 (as amended by GB/2019/82) to
clarify that the statutory expiry date of the Construction in the Road
Corridor and Other Public Places Bylaw 2015 and Wharves Bylaw 2015 is 29 October 2022, as contained in Attachment A of the agenda
report.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Recommended changes to Auckland Council Governing Body
resolutions GB/2015/112 and GB/2019/82
|
25
|
Ngā kaihaina
Signatories
|
Author
|
Paul Wilson - Team Leader Bylaws
|
|
Authorisers
|
Kataraina Maki - GM - Community & Social Policy
Jim Stabback - Chief Executive
|
|
Governing Body
29 October
2020
|
|
|
Governing Body
29 October
2020
|
|
Recommendation from the Regulatory
Committee - Proposal to make a new bylaw about Navigation Safety
File No.: CP2020/15195
Te take mō te
pūrongo
Purpose of the report
1. To
receive the recommendations from the Regulatory Committee and to adopt the
statement of proposal for the Navigation Safety Bylaw.
Whakarāpopototanga matua
Executive summary
2. At
its meeting on 13 October 2020, the Regulatory Committee considered the
attached report and resolved as follows:
“Resolution number REG/2020/62
That the Regulatory Committee:
a) note
that this committee completed the review of the Navigation Safety Bylaw 2014 in
June 2020 and determined that a bylaw is still the most appropriate way to
address navigation safety issues within Auckland’s navigable waters.
b) recommend
that the Governing Body adopt the statement of proposal in Attachment A of this
agenda report for public consultation, and confirm that the proposed new
Auckland Council Navigation Bylaw 2021:
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
iii) it
is not inconsistent with the Maritime Transport Act 1994, Maritime Rules,
Resource Management Act 1991 or Auckland Unitary Plan.
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) recommend
the Governing Body delegate authority through the Chief Executive to a manager
responsible for bylaws the matters in clause h) iii).
f) appoint:
i) Cr L Cooper as chair
ii) Cr E Collins
iii) an Independent Māori Statutory Board
member
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).
g) delegate
authority to the Regulatory Committee chairperson to make replacement
appointments to the bylaw panel if a panel member is unavailable.
h) 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
amend the proposal in clause b) to update the table and maps in the Auckland
Council Navigation Bylaw (Specific Areas and Conditions of Use) Control 2021
iii) to
amend 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 and attachments provided to the Regulatory Committee can be
found at the following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/10/REG_20201013_AGN_9767_AT.htm#PDF2_ReportName_76779
4. Following
discussion at the Regulatory Committee meeting, the statement of proposal and
maps have been updated in accordance with the above resolution to:
i) clarify that incidents on the water that could result in
damage or injury must be reported to the Harbourmaster
ii) clarify
that a commercial fast vessel must use an Automatic Identification
System in a pilotage area during times of restricted visibility (for example
fog or heavy rain) in clause 41(3)
iii) update
the table and maps in the Auckland Council Maritime (Navigation) Bylaw
(Specific Areas and Conditions of Use) Control 2021.”
5. Due
to the size and complexity of the document, the updated Statement of Proposal
will be circulated separately.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
b) adopt
the statement of proposal as circulated separately and attached as a minutes
attachment, for public consultation, and confirm that the proposed new
Auckland Council Navigation Bylaw 2021:
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
iii) it
is not inconsistent with the Maritime Transport Act 1994, Maritime Rules,
Resource Management Act 1991 or Auckland Unitary Plan.
c) forward
the statement of proposal in clause a) to the Independent Māori
Statutory Board for their advice.
d) forward
this agenda report and attachments to local boards for their information.
e) note
the appointment of:
i) Cr L Cooper as chair
ii) Cr
E Collins
iii) an
Independent Māori Statutory Board member
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 a).
f) note
the delegated 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
amend 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
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
29 October
2020
|
|
Recommendation from the Regulatory
Committee - Review findings and options for the Outdoor Fire Safety Bylaw
File No.: CP2020/15196
Te take mō te
pūrongo
Purpose of the report
1. To
receive the recommendations from the Regulatory Committee and to decide on
appropriate action for parts of the Te Kaunihera o Tāmaki Makaurau Ture
ā-Rohe Tahu Āhuru Noa te Ahi i Waho / Auckland Council Outdoor Fire
Safety Bylaw 2014.
Whakarāpopototanga matua
Executive summary
2. At
its meeting on 13 October 2020, the Regulatory Committee considered the
attached report and resolved as follows:
“Resolution number REG/2020/63
That the Regulatory Committee:
a) agree
that a bylaw is no longer the most appropriate way to protect public health,
safety, property and the environment from outdoor fires.
b) agree
that option three (rely on other existing regulations and revoke the Bylaw by
resolution in relation to matters regulated by FENZ and allow the remainder of
the Bylaw to lapse on 18 December 2021) as detailed in Attachment B of the
agenda report is the preferred option to protect public health, safety,
property and the environment from outdoor fires.
c) recommend
the Governing Body:
i) revoke
the Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Tahu Āhuru Noa te
Ahi i Waho / Auckland Council Outdoor Fire Safety Bylaw 2014, with exception of
clauses 1, 2 and 8(a)(iii), as the remainder are now the responsibility of Fire
and Emergency New Zealand.
ii) allow
the remaining parts of the bylaw identified in (c)(i) that are addressed
through Auckland Unitary Plan to lapse on 18 December 2021.”
3. The
original report provide to the Regulatory Committee, with attachments, can be
accessed at the following link: https://infocouncil.aucklandcouncil.govt.nz/Open/2020/10/REG_20201013_AGN_9767_AT.htm#PDF2_ReportName_76929
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) revoke
the Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Tahu Āhuru Noa
te Ahi i Waho / Auckland Council Outdoor Fire Safety Bylaw 2014, with
exception of clauses 1, 2 and 8(a)(iii), as the remainder are now the
responsibility of Fire and Emergency New Zealand.
b) allow
the remaining parts of the bylaw identified in (c)(i), that are addressed
through Auckland Unitary Plan, to lapse on 18 December 2021.
|
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
29 October
2020
|
|
Summary of Governing Body information
memoranda and briefings (including the Forward Work Programme) - 29 October
2020
File No.: CP2020/12395
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
|
|
8/10/20
|
Update on Trees
at 52-58 Canal Road
|
|
23/10/20
|
High Court
decision – Ngāti Maru Trust & Ors v Ngāti Whātua
Ōrākei Whaia Maia Limited [2020] NZHC 2768
|
5. The
following workshops/briefings have taken place:
|
Date
|
Workshop/Briefing
|
|
30/9/20
|
Governance
Framework Review Service Levels and Funding
|
|
30/9/20
|
Code of Conduct
and Remote Attendance (Standing Orders)
|
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 – 29 October
2020.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Forward Work Programme
|
35
|
|
b⇨
|
Workshop Notes: Governance Framework
Review: Service Levels and Funding (Under Separate Cover)
|
|
|
c⇨
|
Workshop Notes: Code of Conduct and Remote
Attendance (Standing Orders) (Under Separate Cover)
|
|
|
d⇨
|
Memorandum: Update on Trees at 52-58 Canal Road
(Under Separate Cover)
|
|
|
e⇨
|
Memorandum: High Court decision –
Ngāti Maru Trust & Ors v Ngāti Whātua Ōrākei
Whaia Maia Limited [2020] NZHC 2768 (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
29 October
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)
Progress
to date:
Various workshops
being held September 2020 – December 2020
|
|
|
|
|
|
|
|
|
|
|
|
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
Report
for August 2020 to Audit and Risk Committee 24 September 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
Progress
to Date:
Approve
statement of proposal 24 September 2020
Link to decision
|
|
|
|
|
|
|
|
|
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.
Progress
to Date:
Approve
statement of proposal 24 September 2020
Link to decision
|
|
|
|
|
|
|
|
|
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
Enterprise
Risk Update - August 2020 and Auckland Council Top Risk Quarterly Update -
September 2020 24 September 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
Drought
Restrictions Summer 2020/2021 24 September 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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Independent Review of Health and Safety at Port of
Auckland
|
On 14 September 2020 the
mayor announced that Auckland Council, as Ports of Auckland’s sole
shareholder, would initiate an independent review of health and safety at
Ports of Auckland
The proposed focus of the
council’s independent review is to assess and comment on Ports of
Auckland’s management of its critical risks for health and safety
(including hazard identification, risk assessment, monitoring controls and
resilience) and the health and safety culture at Ports of Auckland.
|
Decision to agree Terms of Reference.
Consider independent review.
Progress
to Date:
Report to
agree Terms of Reference for the review 24 September 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
|
|
Tira Kāwana / Governing Body
Forward Work Programme 2021
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 2021
|
|
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
|
|
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|
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|
|
|
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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)
Progress
to date:
Various
workshops being held January 2021 – June 2021
|
|
Consultation documents
|
|
|
|
Adoption
|
|
|
|
|
|
|
|
Annual Report
|
Statutory requirement
|
Decision to adopt the Annual Report
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Committee Forward Work
Programmes
|
Responsibility for oversight of work programmes of all
committee of the Governing Body.
|
Decisions to note that all committee have adopted a forward
work programme
|
|
|
|
|
|
|
|
|
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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
|
Decision to adopt new Elected Members Code of Conduct
|
|
|
|
|
Adoption
|
|
|
|
|
|
|
|
|
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
|
|
Consultation
|
|
|
|
|
Adoption
|
|
|
|
|
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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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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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|
|
|
|
|
|
|
|
|
|
|
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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|
|
|
|
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|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
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|
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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
|
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
|
|
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|
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
Drought
Restrictions Summer 2020/2021 24 September 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
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|
|
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 stage of the national
three waters reform programmes
Progress
to Date:
Report
and decision on opt in 27 August 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Independent Review of Health and Safety at Port of
Auckland
|
On 14 September 2020 the mayor announced that Auckland
Council, as Ports of Auckland’s sole shareholder, would initiate an
independent review of health and safety at Ports of Auckland
The proposed focus of the council’s independent
review is to assess and comment on Ports of Auckland’s management of
its critical risks for health and safety (including hazard identification,
risk assessment, monitoring controls and resilience) and the health and
safety culture at Ports of Auckland.
|
Decision to agree Terms of Reference.
Consider independent review.
Progress
to Date:
Report to
agree Terms of Reference for the review 24 September 2020
Link to decision
|
|
|
|
|
|
|
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|
|
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|
Maori Outcomes Performance Measurement Framework
|
|
Decision to agree to finalise the framework.
|
|
|
|
|
|
|
|
|
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|
Governing Body
29 October 2020
|
|
Preparation of the Auckland Council
Annual Report 2019/2020 and Auckland Council Summary Annual Report 2019/2020
File No.: CP2020/15043
Te take mō te
pūrongo
Purpose of the report
1. To
inform the members of the basis for preparation of the draft Auckland Council
Annual Report 2019/2020 and the draft Auckland Council Summary Annual Report
2019/2020 (annual reports) and the process followed.
2. To
provide transparency over the annual reports, which will be presented in the
confidential section of this meeting.
Whakarāpopototanga matua
Executive summary
3. The
Local Government Act 2002 requires Auckland Council to prepare and adopt an
annual report and a summary of the annual report each year.
4. The
annual reports covering the year to 30 June 2020 have been prepared by Auckland
Council staff and audited by Audit New Zealand on behalf of the
Auditor-General. The Auditor-General’s representatives will attend this
Governing Body meeting for the adoption of the annual reports and may wish to
address the Governing Body on the audit of the annual reports and other matters
of interest during the confidential section of this meeting.
5. The
annual reports compare and comment on the performance of Auckland Council and
the Auckland Council group against the budgets and operating targets set in the
amended 10-Year Budget 2018-2028 and the Annual Budget 2019/2020.
6. At
its meeting on 14 October 2020, the Audit and Risk Committee reviewed the
annual reports and the preparation processes and recommended the annual reports
for adoption by the Governing Body (Attachment A).
7. At
its meeting on 22 October 2020, the Finance and Performance Committee reviewed
and confirmed that the annual reports fairly reflected the financial and
operating performance of the group for the year ended 30
June 2020 and recommended them for adoption by the Governing Body
(Attachment B).
8. All
matters raised by the Audit and Risk Committee and the Finance and Performance
Committee in relation to the annual report content have been resolved.
9. There
are no significant outstanding audit or process issues relating to the annual
reports.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the confirmation by the Audit and Risk Committee that the audit process in
respect of the draft Auckland Council Annual Report 2019/2020 and the draft
Auckland Council Summary Annual Report 2019/2020 has been completed
satisfactorily
b) note
the Finance and Performance Committee reviewed and confirmed that the draft
Auckland Council Annual Report 2019/2020 and the draft Auckland Council
Summary Annual Report 2019/2020 fairly reflect the financial and operating
performance of the group and recommended them for adoption by the Governing
Body
c) note
the draft Auckland Council Annual Report 2019/2020 and the draft Auckland
Council Summary Annual Report 2019/2020 will be discussed in the confidential
section of this meeting.
|
Horopaki
Context
10. Section 98 of
the Local Government Act 2002 requires Auckland Council to prepare, adopt and
publish an annual report and a summary annual report within four months
following the financial year end.
11. As an issuer
of debt on the NZX, Auckland Council is subject to the NZX listing rules. This
requires the release of unaudited group primary financial statements and
commentary on changes from the prior year, within 60 days of the financial year
end. In addition, the NZX listing rules require the audited annual report to be
released no later than 3 months from the financial year end.
12. The COVID-19
pandemic has had a significant impact on the group’s resources as
management has been focussed on addressing the impact through changes to
operations and the preparation of the Emergency Budget; which has diverted
resource from the preparation of the annual report.
13. The Office of
the Auditor-General (OAG) and Audit New Zealand indicated that audits were
taking significantly longer to complete given the uncertainty, increased
disclosures and heightened level of risk.
14. The OAG/Audit
New Zealand and management agreed that it was prudent to delay the release of
the council’s financial results for the year ended 30 June 2020 to ensure
enough time to complete and audit the annual reports. Therefore, management has
relied on the NZX Class Waiver dated 3 April 2020 in relation to NZX Listing
Rules 3.5.1 and 3.6.1., and accordingly is releasing the annual reports 30 days
later than in prior years.
Annual report contents
15. The annual
reports detail the activities and performance of the Auckland Council Group.
They include performance results for the group against planned levels of
performance set in the amended 10-year Budget 2018-2028 and the Annual Budget
2019/2020. The summary annual report presents the major matters dealt with in
the annual report.
16. The annual
reports cover all activities of the council, council-controlled organisations,
subsidiaries, joint ventures and associated entities.
17. The annual
reports consist of four separate volumes and a summary:
· Volume
1: an overview and a summary of service performance against year one of the
amended 10-year Budget 2018-2028, material issues facing the council, and
financial and service performance of each group of activity
· Volume
2: a summary of local board achievements and their financial performance
against the Annual Budget 2019/2020
· Volume
3: detailed consolidated statutory financial statements for the group and the
council, as well as the group’s consolidated funding impact statement
with financial commentary against the Annual Budget 2019/2020
· Volume
4: a summary of the group’s response to climate change risk
· Summary
annual report: a financial and non-financial performance overview, summary
financial statements, material issues, an introduction to the groups of
activities.
18. Volume 4 has
been prepared for this first time this year, and reflects the group’s
commitment to tackling climate change, as well
as the expectations of bondholders. This volume has been prepared using the
Taskforce for Climate-related Financial Disclosures (TCFD) framework, an
international framework that outlines reporting of climate change risks and
opportunities of organisations. Climate change financial disclosures, based on
the TCFD framework, are expected to become mandatory from 2023 following a
recent announcement by the Minister for Climate Change. In the meantime, there
is no audit requirement and therefore Volume 4 has not been audited.
19. The annual
reports (except Volume 4) have been audited by Audit New Zealand on behalf of
the Auditor-General.
Tātaritanga me ngā
tohutohu
Analysis and advice
20. The unaudited Auckland Council Group 2019/2020 primary financial
statements and commentary were released via the NZX on 28 September 2020
following recommendations and approvals by the Audit and Risk Committee, the
Finance and Performance Committee chair and deputy chair under delegation, the
chief executive and the mayor.
21. The annual
reports and the audit were completed following the preliminary NZX release.
22. On 14 October
2020 the Audit and Risk Committee reviewed the annual reports, as well as the
council’s process and controls undertaken to prepare them. The committee
received feedback on the audit from Audit New Zealand and the Deputy
Auditor-General and made a recommendation for adoption of the annual reports
(Attachment A).
23. On 22 October
2020 the Finance and Performance Committee noted the recommendation from the
Audit and Risk Committee relating to the annual reports. The Finance and
Performance Committee reviewed and confirmed that the annual reports fairly
reflected the financial and operating performance, financial position and cash
flows of the group for the year ended 30 June 2020 (Attachment B).
24. Since these
meetings, the annual reports have undergone final editing and review by council
staff and Audit New Zealand.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
25. This committee paper relates to financial reporting. No decision is
sought in this paper that has a direct impact on the group’s greenhouse
gas emissions nor the group’s approach to preparing for climate change.
26. However, it is acknowledged
that the activities undertaken by the group and reported on within the annual
report have the potential to be impacted by climate change and can also
reinforce or weaken our climate action response.
27. The addition of Volume 4,
highlighting disclosures on climate-related financial risk, should be
recognised as an important action taken by the group. Disclosures of this type
play a key role in how organisations direct capital flow towards climate
positive solutions and investments. Reporting of the group’s response to
climate change risk also holds the group publicly accountable, and ensures the
business maintains their focus on addressing climate change risk at all levels
across the group.
28. The preparation of Volume 4
using the Task Force for Climate-related Financial Disclosures (TCFD) framework
represents global best-practice in climate disclosure. It aligns with the
government’s plan for mandatory TCFD disclosures from 2023 and provides
an example for other organisations seeking to disclose
their approach to managing climate risk.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
29. The annual
reports reflect the results of the group for the year ended 30 June 2020. The council-controlled
organisations are involved in the preparation of this information.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
30. Volume 2
includes a section featuring the achievements in each local board area. Local
boards were engaged to collect and review this information and each chair has
prepared a message which is included in their respective annual
reports.
Tauākī whakaaweawe
Māori
Māori impact statement
31. The annual
reports cover all aspects of the group’s governance and public
accountability. They include commentary on the group’s contribution to
outcomes for Māori, the role of the Independent Māori Statutory Board
and the council’s Ngā Mātārae- Māori Strategy and
Relations Department.
Ngā ritenga
ā-pūtea
Financial implications
32. There are no
financial implications directly arising from the information contained in the
report.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
33. The following
risks and mitigations have been identified:
|
Risk
|
Mitigation
|
|
Breach of
confidentiality
|
|
|
The information
contained within the annual reports may be released to the public prior to
its release to the NZX.
|
All Auckland Council, CCO
and Ports of Auckland Limited (POAL) employees who are involved in the
preparation and review of the annual reports have been briefed on
confidentiality requirements, and the timing of release of information that
is included in the annual reports.
|
|
Events
subsequent to balance date may not be disclosed
|
|
|
Significant
events may occur between the balance date and approval date and might not be
known to the preparers of the annual report, thus go undisclosed.
|
The group
financial controller has formally requested council management, CCOs and POAL
confirm whether there are any events subsequent to balance date which might
require disclosure.
CCO and POAL
statutory financial statements have been reviewed for disclosure of
subsequent events.
|
|
Delay in
issue of audit report
|
|
|
There may be
a delay in issuing of the audit report due to unresolved audit matters. At
the time of writing this report we were awaiting clearance on various final
changes to the financial statements and annual report wording.
|
The
council’s Financial Control and Corporate & Local Board Performance
units have been working with Audit New Zealand to address technical issues
early, however some matters cannot be cleared by Audit New Zealand until they
have audited the relevant information.
|
Ngā koringa ā-muri
Next steps
34. The Governing
Body will discuss the annual reports in confidence with staff, the Deputy
Auditor-General and Audit New Zealand, after which it will adopt the annual
reports.
35. The Deputy
Auditor-General will issue the audit opinion following the adoption of the
annual reports by the Governing Body.
36. The annual
reports will then be released to the NZX and published on our website. Printed
copies will be made available at libraries and service centres.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Resolutions from the Audit and Risk Committee meeting
on 14 October 2020
|
55
|
|
b⇩
|
Resolutions from the Finance and Performance Committee
meeting on 22 October 2020
|
57
|
Ngā kaihaina
Signatories
|
Authors
|
Tracy Gers - Group Accounting & Reporting Manager
Francis Caetano - Group Financial Controller
|
|
Authorisers
|
John Bishop - Group Treasurer
Kevin Ramsay - Acting Group Chief Financial Officer
Jim Stabback - Chief Executive
|
|
Governing Body
29 October
2020
|
|
|
Governing Body
29 October
2020
|
|
|
Governing Body
29 October
2020
|
|
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:
Office of the Auditor-General briefing
|
Reason for
passing this resolution in relation to each matter
|
Particular
interest(s) protected (where applicable)
|
Ground(s)
under section 48(1) for the passing of this resolution
|
|
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
|
s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, the report contains financial information that can only be made
public following the release of the annual report to the NZX on 30 October
2020.
|
s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
|
C2 CONFIDENTIAL:
Adoption of the Auckland Council Annual Report 2019/2020 and Auckland Council
Summary Annual Report 2019/2020
|
Reason for
passing this resolution in relation to each matter
|
Particular
interest(s) protected (where applicable)
|
Ground(s)
under section 48(1) for the passing of this resolution
|
|
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
|
s7(2)(h) -
The withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
In
particular, the report contains information that may only be made public
following the release of the annual report to the NZX on 30 October 2020.
|
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.
|
