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Tira Kāwana / Governing Body
OPEN MINUTES
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Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on 27 May 2021 at 10.07am.
present
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Mayor |
Hon Phil Goff, CNZM, JP |
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Deputy Mayor |
Deputy Mayor Cr Bill Cashmore |
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Councillors |
Cr Josephine Bartley |
From 10.12am, Item 9 |
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Cr Dr Cathy Casey |
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Cr Fa’anana Efeso Collins |
Via electronic link |
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Cr Pippa Coom |
Until 3.46pm, Item 17 |
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Cr Linda Cooper, JP |
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Cr Angela Dalton |
From 10.37am, Item 10 Until 3.50pm |
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Cr Alf Filipaina |
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Cr Christine Fletcher, QSO |
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Cr Shane Henderson |
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Cr Richard Hills |
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Cr Tracy Mulholland |
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Cr Daniel Newman, JP |
Via electronic link until 3.46pm |
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Cr Greg Sayers |
From 10.10am, Item 4 |
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Cr Desley Simpson, JP |
From 12.06pm, Item 14 |
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Cr Sharon Stewart, QSM |
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Cr Wayne Walker |
From 10.19am, Item 10 |
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Cr John Watson |
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Cr Paul Young |
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present
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Cr Chris Darby |
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Governing Body 27 May 2021 |
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His Worship the Mayor will read the affirmation.
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Resolution number GB/2021/45 MOVED by Mayor P Goff, seconded by Cr P Young: That the Governing Body: a) accept the apologies from Cr A Dalton, Cr G Sayers and Cr W Walker for lateness, Cr D Simpson for lateness on council business and Cr C Darby for absence on council business. |
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Electronic Attendance |
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Resolution number GB/2021/46 MOVED by Mayor P Goff, seconded by Cr P Coom: That the Governing Body: b) approve the electronic attendance under Standing Order 3.3.3 for: · Cr E Collins · Cr D Newman |
There were no declarations of interest.
Cr G Sayers joined the meeting at 10.10am
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Resolution number GB/2021/47 MOVED by Mayor P Goff, seconded by Cr G Sayers: That the Governing Body: a) confirm the ordinary minutes of its meeting, held on Thursday, 29 April 2021 and the extraordinary minutes of its meeting, held on Tuesday, 25 May 2021, as a true and correct record. |
There were no petitions.
There was no public input.
There was no local board input.
There was no extraordinary business.
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9 |
Submission on freedom camping proposal to the Ministry of Business, Innovation and Employment |
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Cr J Bartley joined the meeting at 10.12 am. |
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Resolution number GB/2021/48 MOVED by Cr L Cooper, seconded by Mayor P Goff: That the Governing Body: a) approve the Auckland Council submission to the Ministry of Business, Innovation and Employment in Attachment A of this agenda report on proposed changes to support effective management of freedom camping in New Zealand. b) agree that staff can lodge the Auckland Council submission in Attachment A of this agenda report on proposed changes to support effective management of freedom camping in New Zealand with the Ministry of Business, Innovation and Employment by 28 May 2021. |
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10 |
Options for inclusion of General Rules in a Freedom Camping in Vehicles Bylaw |
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The Joint Political Working Group preferred options had been circulated prior to the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Cr W Walker joined the
meeting at 10.19 am. |
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Note: changes were made to the original recommendation with new clause d) being added as a Chairperson’s recommendation. |
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Resolution number GB/2021/49 MOVED by Cr L Cooper, seconded by Mayor P Goff: That the Governing Body: a) agree that Option B: General Rules is the preferred approach for inclusion in a new statement of proposal for a Freedom Camping in Vehicles Bylaw. b) agree that the following General Rules and settings should be proposed to apply to all unscheduled areas managed by a proposed Freedom Camping in Vehicles Bylaw: i) Freedom campers must use certified self-contained vehicles, unless staying in a scheduled restricted area identified as suitable for non-self-contained vehicles ii) Freedom campers in vehicles may stay a maximum of two nights in the same street/off-street parking area iii) Freedom campers in vehicles must vacate their parking space by 9am on the day of departure iv) Freedom campers in vehicles may not return to stay in the same street/off-street parking area within a two-week period. c) note that the views of the Joint Political Working Group on preferred options were not available at the time of writing and will be provided as a supplementary paper for the Governing Body’s consideration. d) agree that public feedback be sought on the statement of proposal for a Freedom Camping in Vehicles Bylaw on all the conditions of the general rule. |
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a 27 May 2021, Governing Body: Item 10 - Options for inclusion of General Rules in a Freedom Camping in Vehicles Bylaw, Joint Political Working Group options |
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11 |
Recommendation from the Regulatory Committee - Proposal to amend the Animal Management Bylaw |
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Cr C Fletcher returned to the meeting at 11.30 am. |
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Resolution number GB/2021/50 MOVED by Cr L Cooper, seconded by Cr C Casey: That the Governing Body: a) adopt the Statement of Proposal in Attachment A of the original agenda report for public consultation, and confirm that the proposed Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe / Animal Management Bylaw 2015: 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. b) forward the original agenda report and attachments to local boards for their information. c) delegate authority through the Chief Executive to a manager responsible for bylaws: i) to make any amendments to the proposal in clause a) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body. d) note Panel members, Cr Linda Cooper (chair), Cr Cathy Casey, and Independent Māori Statutory Board Member Glenn Wilcox will attend ‘Have Your Say’ events and deliberate and make recommendations to the Governing Body on public feedback to the statement of proposal in clause a). |
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12 |
Recommendation from the Regulatory Committee - Proposal to make a new Trading, Events and Filming Bylaw |
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Cr G
Sayers left the meeting at 11.38 am. |
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Resolution number GB/2021/51 MOVED by Cr L Cooper, seconded by Cr T Mulholland: That the Governing Body: a) adopt the Statement of Proposal in Attachment A of the original agenda report for public consultation, and confirm that the proposed new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022: 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) is not inconsistent with the Reserves Act, Resource Management Act, Auckland Unitary Plan, Trespass Act, Fair Trading Act, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, and Auckland Council Public Safety and Nuisance Bylaw and Signage Bylaw. b) forward the original agenda report and attachments to local boards for their information. c) note delegated authority through the Chief Executive to a manager responsible for bylaws: i) to make any amendments to the proposal in clause b) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body. d) note Bylaw Panel members, Cr Linda Cooper (chair), Cr Josephine Bartley, Cr Shane Henderson, and Independent Māori Statutory Board Member Glenn Wilcox, will attend ‘Have Your Say’ events and deliberate and make recommendations to the Governing Body on public feedback to the Statement of Proposal in clause a). |
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13 |
Referred from the Audit and Risk Committee - Enterprise Risk Update - May 2021 |
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Cr S
Stewart returned to the meeting at 11.42 am. |
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Resolution number GB/2021/52 MOVED by Cr D Newman, seconded by Deputy Mayor BC Cashmore: That the Governing Body: a) receive the Enterprise Risk Update – May 2021 (Attachment A of the agenda report). |
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Referred from the Audit and Risk Committee - Auckland Council's Health, Safety and Wellbeing (HSW) performance |
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Cr D Simpson joined the meeting at 12.06 pm. |
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Resolution number GB/2021/53 MOVED by Cr D Newman, seconded by Deputy Mayor BC Cashmore: That the Governing Body: a) note the Auckland Council's Health, Safety and Wellbeing (HSW) performance report (Attachment A of the agenda report) and any commentary from the Audit and Risk Committee. b) note that the report has been provided to all local boards for their information. |
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Referred from the Audit and Risk Committee - Auckland Council Hauora (Wellbeing) Review |
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Resolution number GB/2021/54 MOVED by Cr D Newman, seconded by Cr S Henderson: That the Governing Body: a) receive the Auckland Council Hauora (Wellbeing) Review report. |
The meeting adjourned at 1.16pm and reconvened at 1.47pm
Cr J Bartley, Cr C Fletcher and Cr S Henderson were not present.
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16 |
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Cr C Fletcher returned to the meeting at 1.51 pm. Cr S Henderson returned to the meeting at 2.01 pm. |
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Resolution number GB/2021/55 MOVED by Mayor P Goff, seconded by Deputy Mayor BC Cashmore: That the Governing Body: a) note feedback from public consultation and local boards on the proposal to vary Auckland’s Regional Fuel Tax Scheme b) adopt, in principle, the Funding Allocation Table in Attachment A of the agenda report, as the basis for the proposal to vary Auckland’s Regional Fuel Tax Scheme (for submission to relevant ministers), subject to finalisation of the Regional Land Transport Plan; c) delegate to the Mayor, Deputy Mayor, and Planning Committee Chair decision-making responsibility for approval of: i) the final proposal to vary Auckland’s Regional Fuel Tax Scheme (for submission to relevant ministers); and ii) the accompanying report on consultation undertaken, as required under the Land Transport Management Act. |
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Review of the Auckland Council Elected Members Code of Conduct |
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Cr J Bartley returned to the meeting at 2.23 pm. |
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The views of the Kaipatiki Local Board had been circulated prior to the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Note: changes were made to the original motion, adding a new clause b), and replacing original clause c) with a new clause c), as a Chair’s recommendation. |
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Resolution number GB/2021/56 MOVED by Mayor P Goff, seconded by Cr A Dalton: That the Governing Body: a) receive the feedback from local boards as contained in Attachments C and D of the agenda report. b) amend clause 3 of the covering document to: i) add “ or offensive” to bullet point 3 ii) amend bullet point 5 to read “undermining the role of other elected members” iii) add a new bullet point to read “publicly criticising staff or calling into question their professionalism or integrity” c) adopt the covering document (not including attachments) as the Auckland Council Elected Members Code of Conduct, as contained in Attachment A of the agenda report, which includes: i) principles that guide conduct ii) a definition of material breaches of the Code iii) the complaints procedure d) amend the “Working with staff policy” so that in clause 3.3 the bullet which reads: “not publicly criticise any employee in any way, but especially in ways that reflect on the competence and integrity of the employee or otherwise undermine their work” is changed to read: “avoid disagreements over policies or proposals becoming a personal criticism of any employee in ways that reflect on the competence and integrity of the employee, and avoid public criticism of individual employees” and, adopt the following in Attachment B of the agenda report as attachments to the Auckland Council Elected Members Code of Conduct under which a complaint can specifically be made: i) Conflict of interest policy ii) Confidential information – policy and protocol iii) Working with staff policy
e) adopt the following in Attachment B, of the agenda report, as attachments to the Auckland Council Elected Members Code of Conduct which give further policy and guidance relating to the conduct of elected members: i) Election year policy ii) Communications policy iii) Media protocols iv) Social media guidelines v) Governance roles and responsibilities vi) Legislation relevant to the conduct of members f) note that the Expense policy (which is included in attachments to the Code) is adopted separately as part of the process set by the Remuneration Authority g) recommend to the incoming Governing Body (following the 2022 elections) that it assess the operation of the Auckland Council Elected Members Code of Conduct h) agree that the newly adopted Auckland Council Elected Members Code of Conduct commence on 1 June 2021 i) appoint as Conduct Commissioners those members of the current Conduct Review Independent Panel who have confirmed their availability: i) Professor Ron Paterson ii) Derek Firth iii) David McGregor j) note that a further report will be presented for the Governing Body to agree additional Conduct Commissioners who are appropriately qualified and who represent the diversity of Auckland k) delegate to the Audit and Risk Committee the power to suspend a member from committees or other representative bodies to which they have been appointed following a determination by a Conduct Commissioner l) authorise the Manager Governance Services and the Mayor, in finalising the document, to make minor amendments for the purpose of improving grammar or presentation or for clarifying meaning or for updating attachments that are amended by Governing Body resolution (such as the Expense policy). |
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Note: Pursuant to Standing Order 1.8.6, Cr C Casey requested that her dissenting vote against clause d) ii), be recorded. |
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a 27 May 2021, Governing Body: Item 17 - Review of the Auckland Council Elected Members Code of Conduct, Kaipatiki Local Board views |
Cr D Newman left the meeting at 3.46pm.
Cr P Coom left the meeting at 3.46pm.
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Nomination to Alleva Animal Health Limited Animal Ethics Committee |
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Resolution number GB/2021/57 MOVED by Cr L Cooper, seconded by Cr W Walker: That the Governing Body: a) note that it will consider expressions of interest for nomination to the Alleva Animal Health Limited Animal Ethics Committee, in the confidential section of this meeting b) agree that future nominations to animal ethics committees under the Animal Welfare Act 1999 are made by staff with elected members having the opportunity to submit suggestions or expressions of interest. |
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Resolution number GB/2021/58 MOVED by Cr W Walker, seconded by Cr T Mulholland: That the Governing Body: a) note the process for appointing a new student member to the Heritage Advisory Panel b) note that the confidential report presents the proposed candidate’s profile in detail c) endorse a change to the terms of reference to allow replacement panel members to be appointed by the mayor in consultation with the liaison councillor. |
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Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 27 May 2021 |
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Resolution number GB/2021/59 MOVED by Cr D Simpson, seconded by Cr C Casey: 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, workshops and briefings – 27 May 2021. |
21 Consideration of Extraordinary Items
There was no consideration of extraordinary items.
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Resolution number GB/2021/60 MOVED by Mayor P Goff, 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: Nomination to Alleva Animal Health Limited Animal Ethics Committee
C2 CONFIDENTIAL: Appointment to the Heritage Advisory Panel
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. |
3.50pm 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.
3.54pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1 |
CONFIDENTIAL: Nomination to Alleva Animal Health Limited Animal Ethics Committee |
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Resolution number GB/2021/61 MOVED by Cr D Simpson, seconded by Cr T Mulholland: c) agree that the appointment, reports and attachments (with information on the successful applicant only) will be made public once the appointment has been confirmed by the Alleva Animal Health Limited Animal Ethics Committee. |
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C2 |
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MOVED by Cr W Walker, seconded by Cr L Cooper: b) agree that the appointment and report be made public once the proposed candidate has been advised and confirmed their acceptance of the appointment. |
3.54 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:.......................................................