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, 26 November 2020 at 10.02am.

 

present

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

From 10.06am, Item 9

 

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Christine Fletcher, QSO

Via electronic link

Until 11.50am.

 

Cr Shane Henderson

 

 

Cr Richard Hills

From 10.09am, Item 9

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

 

 

Cr Greg Sayers

 

 

Cr Desley Simpson, JP

 

 

Cr Sharon Stewart, QSM

 

 

Cr Wayne Walker

 

 

Cr John Watson

From 10.04am, Item 9

 

Cr Paul Young

 

 

 


Governing Body

26 November 2020

 

 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation. 

 

 

 

2          Apologies

  

There were no apologies.

 

Electronic Attendance

Resolution number GB/2020/124

MOVED by Mayor P Goff, seconded by Cr W Walker:  

That the Governing Body:

a)         approve electronic attendance under Standing Order 3.3.3 for:

Cr C Fletcher

CARRIED

 

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

 

4          Confirmation of Minutes

 

Resolution number GB/2020/125

MOVED by Cr P Young, seconded by Cr A Filipaina:  

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 29 October 2020, including the confidential section, 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

Review of drought restrictions for the 2020/2021 summer season

 

Cr J Watson joined the meeting at 10.04am.

Cr J Bartley joined the meeting at 10.06am.

Cr R Hills joined the meeting at 10.09am.

 

Note:    changes to the original motion, adding new clause b) and amending clause d) were made with the agreement of the meeting.

 

Resolution number GB/2020/126

MOVED by Mayor P Goff, seconded by Cr L Cooper:  

That the Governing Body:

a)      note that on 7 May 2020, the Emergency Committee agreed that water restrictions and associated delegations to Watercare Services Limited (Watercare) approved on that date would remain in place until Auckland Council was satisfied, based on advice from Watercare, that there is no longer a risk to the adequate supply of drinking water to Auckland metropolitan customers

b)      congratulate Aucklanders for saving around 7 billion litres of water, mainly on a voluntary basis, since water restrictions were brought in and urge them to continue with their water conservation habits

c)      note that the ability for Watercare to maintain an adequate supply of drinking water to the Auckland metropolitan system remains at risk due to the 2019/2020 drought but that advice from Watercare is that savings required over the summer of 2020/2021 may be met through an adjustment to the Stage 1 restrictions for residential water users

d)      note:

i)       Stage 1 water restrictions that seek at least 5 per cent savings on base demand are forecast to be required over the summer of 2020/2021 and amendments to the restrictions are not a relaxation or removal of the need to save water this summer

ii)      Watercare will maintain an active and ongoing water demand management programme

e)      approve the following adjustment to mandatory Stage 1 water use restrictions on the use of water supplied to customers connected to Watercare’s metropolitan system under clause 12(1) of the Water Supply and Wastewater Network Bylaw 2015, to come into force on 14 December 2020:

i)       residential water users:

A)        no use of an outdoor hose unless it is handheld with a trigger nozzle attached

f)       delegate the authority to make decisions under clause 12 of the Water Supply and Wastewater Network Bylaw 2015 to the Mayor, Deputy Mayor, Watercare Liaison Councillor and Independent Māori Statutory Board Member Wilcox over the summer recess period from 17 December 2020 to 4 February 2021

g)      note that Stage 2 water use restrictions and the approval of Stage 2 restrictions coming into force on trigger levels being reached remain unchanged

h)      note that previous delegations to Watercare for the notification and enforcement of water use restrictions under clause 12(4) and 12 (3) of the Water Supply and Wastewater Network Bylaw 2015, remain unchanged

i)       request Watercare to continue to provide regular information and updates to Auckland Council on the implementation of water use restrictions and current and forecast data and analytics on its ability to maintain an adequate supply of drinking water

j)       note that a report back on the current water supply will be provided to an appropriate committee of council in early 2021.

CARRIED UNANIMOUSLY

 

 

 

10

Review of the Code of Conduct - scope of the review

 

Resolution number GB/2020/127

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

That the Governing Body:

a)      note the feedback from local boards provided in Attachment B

b)      agree that the scope of the review of the Auckland Council Code of Conduct will include consideration of:

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

iv)     making reports of investigations by conduct commissioners public unless there are significant reasons to withhold them

v)      defining materiality

vi)     providing for sanctions which will be decided by conduct commissioners

vii)    providing policies on:

A)     conflicts of interest (including declarations on an interest register)

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses

 

 

 

c)      agree that the process for finalising the review includes a:

i)       draft Code being presented to a Governing Body workshop followed by local board workshops (February 2021)

ii)      second draft incorporating feedback from workshops being presented to the Governing Body / Local Board Chairs meeting for joint discussion (March 2021)

iii)     a final draft reported to local boards for formal feedback (April 2021)

iv)     a final draft reported to Governing Body for adoption (May 2021).

CARRIED

 

 

 

 

11

Recommendation from the Planning Committee:  Waiheke Area Plan - allocation of non regulatory decision-making to the Waiheke Local Board

 

Resolution number GB/2020/128

MOVED by Cr P Coom, seconded by Cr J Bartley:  

That the Governing Body:

a)      subject to the Waiheke Local Board establishing a committee of the whole and appointing Independent Māori Statutory Board Member Ngamane to that committee, the Governing Body delegate authority to the Waiheke Local Board to make decisions on and to formally adopt the Waiheke Area Plan on the recommendations of the Waiheke Area Plan working party.

CARRIED

 

Note:   Pursuant to Standing Order 1.8.6, Cr L Cooper requested that her dissenting vote be recorded.

 

 

 

 

12

Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 26 November 2020

 

Resolution number GB/2020/129

MOVED by Cr D Simpson, seconded by Cr T Mulholland:  

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 – 26 November 2020.

CARRIED

 


 

 

13

Summary of Confidential Decisions and related information released into Open

 

Resolution number GB/2020/130

MOVED by Cr D Simpson, seconded by Cr E Collins:  

That the Governing Body:

a)      note the confidential decision and related information that is now publicly available:

i)       District Licensing Committee 2020-2023

ii)      Appointment of Independent Hearings Commissioners 2021-2023.

CARRIED

 

Note:    Pursuant to Standing Order 1.8.3, Cr L Cooper requested that her abstention be recorded.

 

 

 

 

14

Setting the Chief Executive's 2020/2021 performance objectives

 

Resolution number GB/2020/131

MOVED by Deputy Mayor BC Cashmore, seconded by Cr G Sayers:  

That the Governing Body:

a)      note that there is a confidential report included in the agenda that provides information regarding the setting of performance objectives for Auckland Council’s Chief Executive for the 2021 Financial Year (year ending 30 June 2021).

CARRIED

  

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

 

16        Procedural motion to exclude the public

Resolution number GB/2020/132

MOVED by Cr W Walker, seconded by Cr T Mulholland:  

That the Governing Body:

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: Setting the Chief Executive's 2020/21 performance objectives

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)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that relates to the setting of performance objectives that are yet to be agreed between the Governing Body and the Chief Executive. The Governing Body may discuss matters relating to the performance of the Chief Executive.

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

 

Cr C Fletcher left the meeting at 11.59pm.

 

12.00pm          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.

 

12.22pm          The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL: Setting the Chief Executive's 2020/21 performance objectives

 

Resolution number GB/2020/133

MOVED by Mayor P Goff, seconded by Cr S Henderson:  

b)      agree that the report will remain confidential but that, once the performance objectives are agreed, plans can be made release Attachment A of the agenda report internally and externally.

  


 

 

 

12.22pm                                             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:........................................................