Komiti Tātari me te Mātai Raru Tūpono /

Audit and Risk Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Audit and Risk Committee held in Room 1, Level 26, 135 Albert Street, Auckland on Tuesday, 8 December 2020 at 9.46am.

 

present

 

Chairperson

Sue Sheldon, CNZM

 

Deputy Chairperson

Cr Daniel Newman, JP

 

Members

Deputy Mayor Cr Bill Cashmore

 

 

Paul Conder

 

 

Cr Shane Henderson

 

 

Bruce Robertson

 

 

ABSENT

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

IMSB Chair David Taipari

 

 

ALSO PRESENT

 

 

Cr Angela Dalton

 

 

 


Audit and Risk Committee

08 December 2020

 

 

 

1          Apologies

  

Resolution number AUD/2020/80

MOVED by Chairperson S Sheldon, seconded by Member P Conder:  

That the Audit and Risk Committee:

a)         accept the apologies from IMSB Chair D Taipari for absence and Mayor P Goff for absence on council business.

CARRIED

 

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

 

3          Confirmation of Minutes

 

Resolution number AUD/2020/81

MOVED by Chairperson S Sheldon, seconded by Member B Robertson:  

That the Audit and Risk Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 15 September 2020 and the extraordinary minutes of its meeting, held on Wednesday, 14 October 2020, including the confidential section, as true and correct records.

CARRIED

 

 

 

4          Petitions

 

There were no petitions.

 

 

 

5          Public Input

 

There was no public input.

 

 

 

6          Local Board Input

 

There was no local board input.

 

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

 

 

8

Forward Work Programme

 

 

 

Resolution number AUD/2020/82

MOVED by Chairperson S Sheldon, seconded by Member P Conder:  

That the Audit and Risk Committee:

a)      approve the change in the timing of the items relating to the preparation of the 2022 Te Tiriti o Waitangi audit, receipt of the Audit New Zealand 2020 Final Management Report, receipt of the Audit New Zealand 2021 Annual Audit Arrangements Letter, and the timing of the review of the Green Bonds Annual Report

b)      note the additional meeting scheduled for 9 February 2021 to review the process and risks relating to the 2021-31 Consultation Document and supporting information

c)      note the amendments to the work programme to reflect the establishment of Auckland Unlimited.

CARRIED

 

 

 

 

9

Health, Safety and Wellbeing Update - December 2020

 

 

 

Resolution number AUD/2020/83

MOVED by Chairperson S Sheldon, seconded by Deputy Mayor Cr BC Cashmore:  

That the Audit and Risk Committee:

a)      note the summary and organisational responses in the report and refer this report to the Governing Body of Auckland Council along with any commentary the committee thinks appropriate.

b)      forward the report to Local Boards for their information.

CARRIED

 

 

 

 

10

Annual Report on the Performance of the Audit and Risk Committee

 

 

 

Resolution number AUD/2020/84

MOVED by Chairperson S Sheldon, seconded by Member P Conder:  

That the Audit and Risk Committee:

a)      receive this annual report on the Performance of the Audit and Risk Committee.

b)      recommend that the chief executive place the report on the next available agenda of the governing body.

CARRIED

 

 

 

 

11

Approval of the draft Audit New Zealand Interim Review Engagement Letter for the six months ended 31 December 2020

 

Note:   changes were made to the original recommendation, amending clause b), with the agreement of the meeting.

 

Resolution number AUD/2020/85

MOVED by Chairperson S Sheldon, seconded by Deputy Mayor Cr BC Cashmore:  

That the Audit and Risk Committee:

a)      review and endorse Audit New Zealand’s draft interim review engagement letter, including the proposed review engagement fee

b)      request Audit New Zealand add reference to timetable in event of change in alert levels and issue the final interim review audit engagement letter

c)      recommend the mayor and chief executive sign the final interim review audit engagement letter.

CARRIED

 

 

12

Preparation of the interim report and NZX release for the six months ending 31 December 2020

 

Resolution number AUD/2020/86

MOVED by Chairperson S Sheldon, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)      note the information contained in this financial process status update for the Auckland Council group NZX announcement and interim report for the six months ending 31 December 2020.

b)      note that an update on the confidential matters and confidential draft documents related to the interim report and NZX release will be discussed later in this meeting in confidence.

CARRIED

 

 

13

Enterprise Risk Quarterly Update - December 2020

 

Resolution number AUD/2020/87

MOVED by Deputy Mayor Cr BC Cashmore, seconded by Member B Robertson:  

That the Audit and Risk Committee:

a)      note the Auckland Council Top Risk annual reset and top risks

b)      note the updates on the 36th America’s Cup programme, Auckland Council Group insurance strategy and the 10-year Budget 2021-2031 (Long-term Plan)

c)      refer the Enterprise Risk Quarterly Update – December 2020 report to the Governing Body for information.

CARRIED

  

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

 

15        Procedural motion to exclude the public

Resolution number AUD/2020/88

MOVED by Chairperson S Sheldon, seconded by Member B Robertson:  

That the Audit and Risk Committee:

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

b)      agree that Greg Schollum, Deputy Auditor-General, Athol Graham, Audit Director, Audit New Zealand and Andrew Reeves, Assistant Auditor-General – Local Government be permitted to remain for the confidential part of the meeting after the public has been excluded, because of their knowledge of matters, which will help the Audit and Risk Committee 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: Council-controlled Organisations' Quarterly Risk Updates - December 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)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

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 risk reporting and detailed top risks confidential to the council-controlled organisations' Boards or Audit and Risk Committees. The council-controlled organisations have provided their risk reports for the council's Audit and Risk Committee subject to confidentiality.

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: Legal Risk Report

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)(g) - The withholding of the information is necessary to maintain legal professional privilege.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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 legally privileged and commercially sensitive information.

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.

 

C3       CONFIDENTIAL: COVID-19 Refocussed Assurance Programme

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 information that if released would jeopardise the effective delivery of the assurance programme.

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.

 

C4       CONFIDENTIAL: Interim report and NZX release for the six months ending 31 December 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 financial assumptions and judgements that have an impact on the financial results of the Auckland Council Group as at 31 December 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.

 

C5       CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand 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 from Audit New Zealand contains information regarding the interim report and financial results of the Auckland Council Group and Auckland Council as at 31 December 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

 

 

10.55am          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.

 

 

1.00pm            The public was re-admitted.

 

 

restatementS

 

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL: Council-controlled Organisations' Quarterly Risk Updates - December 2020

 

Resolution number AUD/2020/91

MOVED by Chairperson S Sheldon, seconded by Deputy Mayor Cr BC Cashmore:  

That the Audit and Risk Committee:

a)      note the written and verbal updates provided by Auckland Unlimited Limited and thank them for their attendance

b)      note the written updates provided by Auckland Transport, Panuku Development Auckland and Watercare Services Limited

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

 

 

 

 

C2

CONFIDENTIAL: Legal Risk Report

 

Resolution number AUD/2020/89

MOVED by Chairperson S Sheldon, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)         note the Legal Risk report.

b)         agree that the decisions be restated in the open minutes, but the Legal Risk report remains confidential.

 

C3

CONFIDENTIAL: COVID-19 Refocussed Assurance Programme

 

Resolution number AUD/2020/90

MOVED by Chairperson S Sheldon, seconded by Deputy Mayor Cr BC Cashmore:  

That the Audit and Risk Committee:

a)      receive and note the update on the COVID-19 Assurance programme performed by the Assurance Services teams

b)      agree that the decisions be restated in the open minutes but that the Assurance Services update report and attachments remain confidential. 

 

 

C4

CONFIDENTIAL: Interim report and NZX release for the six months ending 31 December 2020

 

Resolution number AUD/2020/92

MOVED by Member P Conder, seconded by Member B Robertson:  

That the Audit and Risk Committee:

a)      note the information contained in this financial process status update for the Auckland Council Group NZX announcement and interim report for the six months ending 31 December 2020

b)      endorse the accounting policies, key financial statements judgements, estimates and assumptions for the Auckland Council Group included in the 31 December 2020 pro forma interim report, subject to any required changes identified by management and Audit New Zealand during the half year close and auditor review

c)      approve the early adoption of Public Benefit Entity – International Public Service Accounting Standard 40 PBE Combinations

d)      approve the change in the group’s revaluation accounting policy to allow revaluations to take place with intervals of up to five years

e)      request committee members give any further feedback on the pro forma interim report to staff by 15 January 2021

f)       delegate the authority to the committee chair to endorse any significant subsequent amendments to the pro forma interim report

g)      note the draft responses to the enquiries by Audit New Zealand on the Audit and Risk Committee’s oversight of the management of fraud

h)      request committee members give further feedback on the fraud questionnaire to staff by 15 January 2021

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

 

C5

CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand briefing

 

Resolution number AUD/2020/93

MOVED by Deputy Mayor Cr BC Cashmore, seconded by Member B Robertson:  

That the Audit and Risk Committee:

a)      receive the information provided by the Auditor-General’s representatives Deputy Auditor-General Greg Schollum, Assistant Auditor-General – Local Government Andrea Reeves and Audit New Zealand Audit Director Athol Graham, 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.

 

  

 

 

1.00pm                                               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 Audit and Risk Committee HELD ON

 

 

 

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

 

 

 

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