Tira Kāwana / Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 29 October 2020 at 10.04am.

 

present

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

via electronic link

 

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Alf Filipaina

Until 11.03am

 

Cr Christine Fletcher, QSO

From 10.12am, Item 9

 

Cr Shane Henderson

 

 

Cr Richard Hills

 

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

 

 

Cr Greg Sayers

 

 

Cr Desley Simpson, JP

 

 

Cr Sharon Stewart, QSM

 

 

Cr Wayne Walker

From 10.09am, Item 9

 

Cr John Watson

 

 

Cr Paul Young

 

 

ABSENT

 

 

Cr Chris Darby

Council Business

 

 


Governing Body

29 October 2020

 

 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

Acknowledgement

 

His Worship the Mayor passed on condolences to Cr D Newman for the recent loss of his mother.

 

 

2          Apologies

  

Resolution number GB/2020/112

MOVED by Mayor P Goff, seconded by Cr T Mulholland:  

That the Governing Body:

a)         accept the apologies from Cr C Fletcher for lateness and Cr C Darby for absence on council business.

CARRIED

Electronic Attendance

Resolution number GB/2020/113

MOVED by Mayor P Goff, seconded by Cr C Casey:  

That the Governing Body:

b)        approve electronic attendance for:

Cr J Bartley

CARRIED

Note:   An apology for lateness from Cr W Walker was subsequently received.

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number GB/2020/114

MOVED by Cr P Young, seconded by Cr G Sayers:  

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 24 September 2020, as a true and correct record.

CARRIED

 

 

5          Petitions

 

There were no petitions.

 

 

 

6          Public Input

 

There was no public input.

 

 

7          Local Board Input

 

There was no local board input.

 

 

8          Extraordinary Business

 

There was no extraordinary business.

 

 

9

Extension of the Tripartite Economic Alliance between Auckland, Guangzhou and Los Angeles

 

Cr W Walker entered the meeting at 10.09 am.
Cr C Fletcher entered the meeting at 10.12 am.

 

Resolution number GB/2020/115

MOVED by Mayor P Goff, seconded by Deputy Mayor BC Cashmore:  

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.

CARRIED

 

 

10

Clarification of expiry date for Construction and Wharves Bylaws

 

 

 

Resolution number GB/2020/116

MOVED by Cr L Cooper, seconded by Cr C Casey:  

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.

CARRIED

 

 


 

 

11

Recommendation from the Regulatory Committee - Proposal to make a new bylaw about Navigation Safety

 

 

 

Resolution number GB/2020/117

MOVED by Cr L Cooper, seconded by Cr E Collins:  

That the Governing Body:

a)      adopt the statement of proposal in Attachment A of this agenda report for public consultation, and confirm that the proposed 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.

b)      forward the statement of proposal in clause a) to the Independent Māori Statutory Board for their advice.

c)      forward this agenda report and attachments to local boards for their information.

d)      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).

e)      note the delegated authority to the Regulatory Committee chairperson to make replacement appointments to the bylaw panel if a panel member is unavailable.

f)       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.

CARRIED

 

 

12

Recommendation from the Regulatory Committee - Review findings and options for the Outdoor Fire Safety Bylaw

 

 

 

Resolution number GB/2020/118

MOVED by Cr L Cooper, seconded by Cr S Stewart:  

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 Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Tahu Āhuru Noa te Ahi i Waho / Auckland Council Outdoor Fire Safety Bylaw 2014, identified in (c)(i), that are addressed through Auckland Unitary Plan, to lapse on 18 December 2021.

CARRIED

 

 

13

Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 29 October 2020

 

 

 

Resolution number GB/2020/119

MOVED by Cr P Coom, seconded by Cr W Walker:  

That the Governing Body:

a)      note the progress on the forward work programme appended as Attachment A of the agenda report

b)      receive the Summary of Governing Body information memoranda and briefings – 27 August 2020.

CARRIED

 

 

14

Preparation of the Auckland Council Annual Report 2019/2020 and Auckland Council Summary Annual Report 2019/2020

 

 

 

Resolution number GB/2020/120

MOVED by Mayor P Goff, seconded by Cr D Simpson:  

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.

CARRIED

  

 

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

 

 


 

 

16        Procedural motion to exclude the public

Resolution number GB/2020/121

MOVED by Mayor P Goff, seconded by Cr E Collins:  

That the Governing Body:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Greg Schollum, Deputy Auditor-General, Andrea Reeves, Assistant Auditor-General Local Government, Athol Graham, Audit New Zealand Audit Director be permitted to remain for Confidential Items C1:  Office of the Auditor-General briefing and C2:  Adoption of the Auckland Council Annual Report 2019/2020 and Auckland Council Summary Annual Report 2019/2020 after the public has been excluded, because of their knowledge of audit processes, which will help the Governing Body in its decision-making.

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.

 

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

 

 

11.03am          The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

11.47pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

C1

CONFIDENTIAL: Office of the Auditor-General briefing

 

Resolution number GB/2020/122

MOVED by Cr D Simpson, seconded by Mayor P Goff:  

That the Governing Body:

a)      receive the information provided by the Auditor-General’s representatives and thank them for their attendance.

b)      agree that the report and attachments will remain confidential, but the decisions be restated in the open minutes.

 

 

C2

CONFIDENTIAL: Adoption of the Auckland Council Annual Report 2019/2020 and Auckland Council Summary Annual Report 2019/2020

 

Resolution number GB/2020/123

MOVED by Mayor P Goff, seconded by Cr D Simpson: 

That the Governing Body:

a)      note that 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

b)      adopt the Auckland Council Annual Report 2019/2020

c)      adopt the Auckland Council Summary Annual Report 2019/2020

d)      agree that the adopted Auckland Council Annual Report 2019/2020 and Summary Annual Report 2019/2020, provided as Attachments C-G, will remain confidential. Following the release of the Auckland Council Annual Report 2019/2020 and Summary Annual Report 2019/2020 by 30 October 2020 to the NZX and the public, these reports will immediately be published on Auckland Council’s website

e)      agree that the decisions will be restated in the open minutes.

  

Note:   Following the meeting, the 2019/2020 Annual Report for the Auckland Council group and the 2019/2020 Summary Annual Report for the Auckland Council group were made available on the Auckland Council website at the following link:

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-annual-reports/Pages/current-annual-report.aspx

 

 

 

 

11.47 pm                                            The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Governing Body HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................