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Governing Body
29 October
2020
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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
3 Declaration
of Interest
There were no declarations of interest.
4 Confirmation
of Minutes
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.
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9
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Extension of the Tripartite Economic
Alliance between Auckland, Guangzhou and Los Angeles
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Cr W Walker entered the meeting at
10.09 am.
Cr C Fletcher entered the meeting at 10.12 am.
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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
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10
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Clarification of expiry date for
Construction and Wharves Bylaws
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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
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11
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Recommendation from the Regulatory Committee
- Proposal to make a new bylaw about Navigation Safety
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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
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12
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Recommendation from the Regulatory Committee
- Review findings and options for the Outdoor Fire Safety Bylaw
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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
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13
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Summary of Governing Body information
memoranda and briefings (including the Forward Work Programme) - 29 October
2020
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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
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14
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Preparation of the Auckland Council Annual
Report 2019/2020 and Auckland Council Summary Annual Report 2019/2020
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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
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15 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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16 Procedural
motion to exclude the public
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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
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(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.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C2 CONFIDENTIAL:
Adoption of the Auckland Council Annual Report 2019/2020 and Auckland Council
Summary Annual Report 2019/2020
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(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.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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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
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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:
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C1
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CONFIDENTIAL: Office of the Auditor-General
briefing
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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.
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C2
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CONFIDENTIAL: Adoption of the Auckland
Council Annual Report 2019/2020 and Auckland Council Summary Annual Report
2019/2020
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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.
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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:........................................................
