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Manukau
Harbour Forum
06 November
2020
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Updated
of Terms of Reference (2020) of the Manukau Harbour Forum Joint Committee.
File No.: CP2020/16272
Te take mō te
pūrongo
Purpose of the report
1. To
approve the updated Terms of Reference of the Manukau Harbour Forum joint
committee (the Forum) removing reference to electing a Governing Body co-chair
and appointing a second governing body member.
2. The
Forum will be provided with the opportunity to elect a Chair and Deputy Chair
from the appointed local board delegates.
Whakarāpopototanga matua
Executive summary
3. Following
recommendations from an August 2019 review commissioned by the Forum, the Terms
of Reference were updated and endorsed in December 2019 to give direction to
enable a co-chair and another member from the governing body to be part of the
Forum.
4. The
offer has since been considered by the Environment and Climate Change Committee
and the Environment and Climate Change Committee (ECC Committee), Chair Richard
Hills and Deputy Chair Pippa Coom informed the Forum, via a workshop in October
2020, that whilst the Committee acknowledged and supported the intents of the
Forum, it would not be appointing ECC Committee members to the Forum.
Rather, it would seek to progress establishment of a more encompassing group at
a regional governance level.
5. The Terms of Reference, which sets out the purpose and principles of
the Forum and in response to feedback from the ECC Committee, removes the
aspect of the appointment of two Governing Body members, one of whom was to be
a Co-Chair and updates this to note the opportunity and benefit of having
connection with Governing Body members and that they have an open opportunity
to attend.
6. This
report recommends that the Terms of Reference (2020)
(Attachment A) for the Forum be approved.
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Ngā tūtohunga
Recommendation/s
That the Manukau Harbour
Forum:
a) adopt
the Terms of Reference (2020) (Attachment A), which set out the purpose and
principles of the Forum and re-establishes the requirement to appoint of a
Chair and Deputy Chair from within the local board member delegates.
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Horopaki
Context
7. Nine
local boards (Franklin, Mangere-Otahuhu, Manurewa, Maungakiekie-Tamaki,
Otara-Papatoetoe, Papakura, Puketapapa, Whau, and Waitakere Ranges Local
Boards) together formed the Manukau Harbour Forum with the view to form a means
of collective local board advocacy on common issues affecting the Manukau
Harbour and the adjacent foreshore.
8. The
Manukau Harbour Forum was constituted formally as a joint committee of local
boards under standing orders 2.8.1 and 2.8.2 (standing orders 2.8.1 and 2.8.2
enable a local board to appoint a joint committee with another local board or
boards).
9. Being
a joint committee enables the Forum to conduct business more efficiently, as a
local board joint committee can make decisions and provide direction to
officers without seeking confirmation and/or ratification from the individual
member boards.
10. The
updated Terms of Reference (2020) for the Manukau Harbour Forum are presented
in Attachment A.
Tātaritanga me ngā
tohutohu
Analysis and advice
Manukau Harbour Forum governance and management support review
report (2019)
11. During
the 2016/19 term of the forum a review was undertaken of the role of the forum
in order to recommend a decision-making structure that will enable the
objectives relating to the Manukau Harbour to be addressed effectively.
12. The
review recommended the continuation of the Forum whilst also identifying that
the Forum is failing to achieve its vision and must be strengthened and
appropriately resourced to deliver on the vision. The failure was found to be a
combination of factors, including:
· inadequate
resourcing through the current funding model and inadequate
staffing resource
· lack
of understanding of the health of the catchment and harbour and absence of
long-term integrated strategic planning
· lack
of clear rationale or resourcing for mana whenua involvement
· a
local board-focused work programme that does not address larger scale strategic
issues.
13. The
Forum endorsed the key recommendations of the review at its meeting on 30
August 2019. The Forum also resolved to invite Governing Body involvement via
two Councillor representatives to be appointed to the Forum when reconstituted
following the 2019 local body elections, including one as co-chair, and
retaining local board membership as is. (Resolution number MHFJC/2019/29).
14. At
the request of the Forum, staff have amended the Manukau Harbour Forum Terms of
Reference (Attachment A) to include two Governing Body representatives one of
which was to have been identified as a Co-Chair.
Environment and Climate Change Committee
15. The
past Chair and Deputy Chair of the Forum presented the report to the
Environment and Community Committee on 10 September 2019, which resolved
(Resolution number ENV/2019/146) to refer the recommendations and review
report:
· to
a workshop of the relevant committee in the new term of council
· to
the Auckland Plan Strategy and Research department for evaluation and advice in
the new term of council.
16. In
the 2019 term, the ECC Committee was identified as the relevant committee to
consider this matter. A workshop was held with all committee members where a
wider briefing on the Manukau Harbour and Auckland Council’s activities
and duties was also discussed.
17. The
specific offer was considered by the ECC Committee, subsequently the ECC
Committee, Chair Hills and Deputy Chair Coom attended a workshop in October
with the Forum and informed members that while the ECC Committee acknowledged
and supported the intents of the Forum, it would not be appointing ECC
Committee members to the Forum. Rather it would seek to progress
establishment of a more encompassing group at a regional governance level and
that further information would be supplied on this direction.
Terms of reference
18. Given
the feedback from the ECC Committee, the Terms of Reference for the Manukau
Harbour Forum have been updated (Attachment A).
Tauākī whakaaweawe
āhuarangi
Climate impact statement
19. Whilst the
Forum seeks to actively respond to Climate impact matters, this report is a
Governance focused report that has no direct impact in itself.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
20. The Manukau Harbour Forum requires
officer support to achieve its objectives. A local area manager, democracy
advisor and a local board advisor along with staff from Infrastructure and
Environmental Services and the Natural Environment Strategy team in Chief
Planning Office will support the meetings and ensure that other Auckland
Council officers respond to the committee’s resolutions in a timely and
appropriate manner.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
21. All
of the Manukau Harbour Forum member boards have appointed delegates and
alternates to the Forum.
22. Member
local boards have identified the importance of the Manukau Harbour to their
communities through reference in their Local Board Plans.
Tauākī whakaaweawe
Māori
Māori impact statement
23. The Manukau Harbour Forum recognise mana whenua interest in Manukau
Harbour
24. The Forum is
committed to Te Tiriti o Waitangi/The Treaty of Waitangi, and it will work
actively to ensure that it also acknowledges and recognises the interests of
mana whenua through continued development of an open relationship with mana
whenua.
25. The Forum look to support and follow the guidance of the Environment
and Climate Change Committee and Ngā Mātārae Māori Outcomes
department.
Ngā ritenga
ā-pūtea
Financial implications
26. Member
boards will be asked to continue their funding support to the Forum for the
triennium.
27. Acquiring adequate resourcing and operational support for delivery
of activities within the Manukau Harbour is an action for the forum.
28. To
achieve the objectives of the Forum wider regional funding and project delivery
from Auckland Council and Council Controlled Organisations will be required.
Furthermore, support will likely be required through Central Government to
fully achieve aspirations.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
29. There are no significant risks from reconstituting the forum. Any
issues arising from the forum can be mitigated through operational management
of the forum.
Ngā koringa ā-muri
Next steps
30. Once
appointed, supporting staff with work with the elected Chair and Deputy Chair
along with Forum members in developing a forward workshop programme.
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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Manukau Harbour Forum Terms of Reference (updated 2
November 2020)
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11
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Ngā kaihaina
Signatories
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Authors
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Brenda Railey - Democracy Advisor
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Authorisers
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Glenn Boyd - Local Area Manager
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Manukau Harbour
Forum
06 November
2020
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Election of Chairperson
File No.: CP2020/16193
Te take mō te
pūrongo
Purpose of the report
1. In accordance with Schedule 7, clause 21(5)(b) of
the Local Government Act 2002, the Local Area Manager, on behalf of the
Chief Executive, will call for nominations for the election of the Chairperson
of the Manukau Harbour Forum.
Whakarāpopototanga matua
Executive summary
2. The
Manukau Harbour Forum is to appoint a Chair from appointed Manukau Harbour
Forum delegates.
3. The
election must be in accordance with Schedule 7, clause 25 of the Act. Note that
no member has a casting vote.
4. The
Manukau Harbour Forum will need to determine (by resolution) what method they
will apply to elect the chairperson – System A or System B.
Schedule 7, Part 1, Clause 25 of the Local Government Act
2002 states that:
25 Voting systems for certain appointments
(1)
This clause applies to:
(a)
the election or appointment of the chairperson and
deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c)
the election or appointment of the chairperson and
deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2)
If this clause applies, a local authority or a
committee (if the local authority has so directed) must determine by resolution
that a person be elected or appointed by using one of the following systems of
voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3)
System A
(a)
requires that a person is elected or appointed if he or
she receives the votes of a majority of the members of the local authority or
committee present and voting; and
(b)
has the following characteristics:
(i)
there is a first round of voting for all candidates;
and
(ii) if no candidate is successful in that round there is a second round
of voting from which the candidate with the fewest votes in the first round is
excluded; and
(iii)
if no candidate is successful in the second round there
is a third, and if necessary subsequent, round of voting from which, each time,
the candidate with the fewest votes in the previous round is excluded; and
(iv)
in any round of voting, if 2 or more candidates tie for
the lowest number of votes, the person excluded from the next round is resolved
by lot.
(4)
System B
(a)
requires that a person is elected or
appointed if he or she receives more votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only 1 round of voting; and
(ii)
if 2 or more candidates tie for the most votes, the tie
is resolved by lot.
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Ngā tūtohunga
Recommendation/s
That the Manukau Harbour
Forum:
a) elect
a Chairperson for the 2019 - 2022 political term, utilising either System A
or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act
2002.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Brenda Railey - Democracy Advisor
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Authorisers
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Glenn Boyd - Local Area Manager
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Manukau
Harbour Forum
06 November
2020
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Election of Deputy Chairperson
File No.: CP2020/16273
Te take mō te
pūrongo
Purpose of the report
1. In accordance with Schedule 7, clause 21(5)(b)
of the Local Government Act 2002, the Chairperson will call for nominations for the Deputy Chairperson of the
Manukau Harbour Forum.
Whakarāpopototanga matua
Executive summary
2. The
Manukau Harbour Forum must elect a member to the Deputy Chairperson from
appoint Manukau Harbour Forum delegates in accordance with Schedule 7, clause
25 of the Act.
3. The
Manukau Harbour Forum will also need to determine (by resolution) what method they will
apply to elect the Deputy Chairperson.
Schedule 7, Part 1, Clause 25 of the Local
Government Act 2002 states that:
25 Voting systems for certain appointments
(1) This clause applies to:
(a) the election or appointment of the chairperson and deputy
chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c) the election or appointment of the chairperson and deputy
chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2) If this clause applies, a local authority or a committee (if the
local authority has so directed) must determine by resolution that a person be
elected or appointed by using one of the following systems of voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3) System A
(a) requires that a person is elected or appointed if he or she receives
the votes of a majority of the members of the local authority or committee
present and voting; and
(b) has the following characteristics:
(i) there is a first round of voting for all candidates; and
(ii) if no candidate is successful in that round there is a second
round of voting from which the candidate with the fewest votes in the first
round is excluded; and
(iii) if no candidate is successful in the second round there is a third,
and if necessary subsequent, round of voting from which, each time, the
candidate with the fewest votes in the previous round is excluded; and
(iv) in any round of voting, if 2 or more candidates tie for the lowest
number of votes, the person excluded from the next round is resolved by lot.
(4) System B
(a) requires that a person is elected or appointed if he or she receives
more votes than any other candidate; and
(b) has the following characteristics:
(i) there is only 1 round of voting; and
(ii) if 2 or more candidates tie for the most votes, the tie is resolved
by lot.
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Ngā tūtohunga
Recommendation/s
That the Manukau Harbour
Forum:
a) elect a Deputy Chairperson for the 2016-2019 political term,
utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the
Local Government Act 2002.
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Attachments
There are no attachments for
this report.
Signatories
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Authors
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Brenda Railey - Democracy Advisor
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Authorisers
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Glenn Boyd - Local Area Manager
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