I hereby give notice that an ordinary meeting of the Appointments and Performance Review Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 1 December 2020

10.00am

Room 1, Level 26
135 Albert St
Auckland

 

Kōmiti Mō Te Kopou Me Te Arotake Whakatutukitanga / Appointments and Performance Review Committee

 

OPEN ADDENDUM AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Hon Phil Goff, CNZM, JP

 

Deputy Chairperson

Cr Christine Fletcher, QSO

 

Members

Cr Josephine Bartley

 

 

Cr Pippa Coom

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Richard Hills

 

 

Cr Desley Simpson, JP

 

 

IMSB Chair David Taipari

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

 

 

 

(Quorum 4 members)

 

 

Suad Allie

Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

 

26 November 2020

 

Contact Telephone: (09) 977 6953

Email: suad.allie@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 

 


Appointments and Performance Review Committee

01 December 2020

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

    

8          Update on the 2020 Board Appointment Programme for Auckland Council's Council-Controlled Organisations                                                                               5 

PUBLIC EXCLUDED

Procedural motion to exclude the public                                                                                9

C1       CONFIDENTIAL: 2020 Board Appointment Programme for Auckland Council's Council Controlled Organisations                                                                               9  

      


Appointments and Performance Review Committee

01 December 2020

 

 

Update on the 2020 Board Appointment Programme for Auckland Council's Council-Controlled Organisations

File No.: CP2020/09115

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on the programme of appointments to the boards of Auckland’s council-controlled organisations, and noting that decisions will be made in the confidential part of the committee meeting.

Whakarāpopototanga matua

Executive summary

2.       Auckland Council appoints directors to the boards of its council-controlled organisations (CCOs). 

3.       On 25 August 2020, this committee approved the commencement of the annual board appointment programme for 2020.  This included agreeing the relevant skills required to fill vacancies on the CCO boards (APR/2020/11).

4.       The process for identifying and interviewing candidates for these roles continues, and a confidential report on this agenda asks the committee to make decisions on appointing directors for vacancies on the boards of:

(i)         Auckland Transport - two director vacancies

(ii)        Panuku Development Auckland (Panuku) – board chair

5.       The confidential report also asks the committee to make decisions on:

(i)         shortlisting candidates to interview for the Watercare Services Limited (Watercare) director vacancy

(ii)        approve the brief for the director vacancy on the board of Auckland Unlimited, which includes a focus on arts and culture issues.

 

Ngā tūtohunga

Recommendation/s

That the Appointments and Performance Review Committee:

a)      note that a confidential report is included on today’s committee agenda that provide information to make decisions regarding:

i)        the appointment of two directors to Auckland Transport board

ii)       the appointment of the Panuku Development Auckland Limited board chair

iii)      shortlisting candidates to interview for the Watercare Services Limited director vacancy

iv)      agree the brief for a director vacancy on Auckland Unlimited, which includes a focus on arts and culture experience

b)      note that the confidential report contains personal information about candidates and should remain confidential.

 

 

Horopaki

Context

6.       The board appointment process for CCOs has been followed and is outlined in the table below:

7.       Council’s appointment policy notes that board appointments will be made on the basis of the skills, knowledge and experience which the board as a whole requires, with due regard being given to the benefits of diversity on the board.

8.       Council’s Inclusive Auckland Framework has a focus on increasing diversity on council-controlled organisations and fostering a strong and diverse talent pipeline for its appointment process.

9.       The council’s policy states that in normal circumstances a director is eligible to be appointed to the board of a substantive CCO for two terms of three years.  This is intended to help achieve a balance of experience and fresh thinking on individual boards.

10.     However, the policy also recognises that sometimes there are good reasons to approve extensions beyond the two three-year terms, up to a maximum of a total of nine years on a board. 

11.     A confidential report on this agenda provides advice to assist the committee to make decisions regarding the director vacancies on Auckland’s CCO boards.

12.      The selection panels responsible for the appointments to the Auckland Transport and Panuku boards have completed their interviews of the candidates that were shortlisted by this committee.  The confidential report on this agenda asks the committee to make decisions on appointing directors for vacancies on the boards of:

(i)         Auckland Transport - two director vacancies

(ii)        Panuku Development Auckland (Panuku) – board chair.

13.     The selection panel responsible for the Watercare board appointment has considered the candidates for this role.  The confidential report also asks the committee to make decisions on shortlisting candidates that the selection panel has recommended to be interviewed for this director vacancy.

14.     Finally, a brief outlining the skills and experience required for a director on the Auckland Unlimited board has been prepared.  This brief focuses on candidates with experience in the arts and culture sector.  The confidential report also asks the committee to make decisions regarding the brief for this director role.

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

15.     Following the 25 August 2020 meeting the committee approved the brief for one director vacancy on Auckland Transport’s board, which included a focus on climate action. 

16.     This appointment will look to positively impact the future of transport for Aucklanders and contribute to the advancement and achievement of the council’s overall climate strategy.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     It is essential that a CCO’s decisions align with the council’s plans and policies.  All CCO director appointments are critical to the leadership of each organisation, and the effectiveness of the council group as a whole. 

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

18.     Board appointments to CCOs are the role of the Governing Body.  Local boards can participate in the nomination process for each director vacancy.  The nomination of a candidate requires the consent of that candidate.

19.     The views of local boards have not been sought in relation to these appointments.

Tauākī whakaaweawe Māori

Māori impact statement

20.     Auckland Council’s appointment and remuneration policy for board members of council organisations (the policy) states that the council “values and supports the benefits that diversity of thought, experience and skills bring to our CCO Boards. We recognise that increasing diversity and fostering inclusive Board culture is an essential element in supporting high performing boards, driving long-term success and delivering better outcomes for the communities of Auckland”. 

21.     The policy therefore encourages the identification of appropriately experienced Māori directors for consideration for appointment to CCO boards.

22.     In addition, an Independent Māori Statutory Board member is involved in the appointment process by being a member of the selection panel.  This ensures that a Māori perspective informs the recommendations of the selection panel during the shortlisting, interviewing and appointment processes.

23.     The Independent Māori Statutory Board is also represented on this committee.   This ensures a Māori perspective is brought to the decision-making process, and that the Independent Māori Statutory Board’s views are considered by the committee.      

24.     At the 25 August 2020 meeting this committee agreed to strengthen the focus areas in vacancy briefs by including the following statements in the common priorities for all director vacancy briefs (advertisements):

(i)         Uphold the principles of the Treaty of Waitangi, readiness to promote improved outcomes for Māori, knowledge of Te Ao Māori, and established Māori networks (APR/2020/10).

Ngā ritenga ā-pūtea

Financial implications

25.     The costs associated with these appointments will be managed from existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     There are risks associated with all board appointments including:

i.    Reputational: breach of privacy if confidential candidate information is provided to media outlets prior to final decisions being made by the committee.  The risk is fewer and potentially less qualified candidates being attracted into future board appointment programmes.  To mitigate the risk staff will continue to highlight the need for maintaining confidentiality during the board appointment programme      

ii.    Reputational: all candidates are appropriately screened to meet the skill requirements for appointment to entities such as these and that they have appropriate governance experience especially within public-facing entities.  To mitigate any potential risks of disqualified directors or under-qualified candidates:

(a)      a thorough due diligence process will be completed on all candidate applications in line with the council’s appointment policy

(b)      short-listed candidates have completed the council’s director consent form prior to interview which requires directors to confirm that there is nothing that would disqualify them from being a director

(c)      thorough reference checks of candidates who are approved for appointment to the council’s CCO boards, are conducted by Kerridge and Partners.

iii.   Governance: the risk of an unbalanced board where a loss of institutional knowledge impacts decision-making.  Conversely, retaining board members for too long can mean the board lacks innovation and fresh thinking. 

Ngā koringa ā-muri

Next steps

27.     Staff will give effect to the committee’s resolutions.

28.     A media statement will be provided by the Mayor following the approval of the successful candidates being appointed as chair of Panuku and directors on Auckland Transport’s board.

29.     An update report regarding the outcome of interviews for the director vacancy on Watercare’s board will be reported to the 2 February 2021 meeting.

30.     The shortlisting report for two director vacancies on Panuku’s board will also be reported to the 2 February 2021 meeting. 

31.     The outcomes of these outstanding vacancies are reliant on the members of the two selection panels being available to meet and complete the work within reporting timelines.  

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Josie Meuli - Senior Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

    


Appointments and Performance Review Committee

01 December 2020

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Appointments and Performance Review Committee

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: 2020 Board Appointment Programme for Auckland Council's Council Controlled Organisations

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.

In particular, the report contains private information about the candidates being recommended as directors on Auckland's council-controlled organisations.

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.