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, 24 June 2021 at 10.02am.

 

present

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

 

 

Cr Dr Cathy Casey

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

Until 11.57am, Item C1

 

Cr Christine Fletcher, QSO

Via electronic link

From 10.04am, Item 1

 

Cr Shane Henderson

 

 

Cr Richard Hills

From 10.05am, Item 1

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

From 10.06am, Item 2

 

Cr Greg Sayers

From 10.15am, Item 7.1

 

Cr Desley Simpson, JP

 

 

Cr Sharon Stewart, QSM

Via electronic link

 

Cr Wayne Walker

 

 

Cr John Watson

From 10.04am, Item 1

 

Cr Paul Young

Via electronic link

 

ABSENT

 

 

Cr Fa’anana Efeso Collins

 

 

ALSO PRESENT

 

 

Troy Churton

Ōrākei Local Board Member

 

IN ATTENDANCE

 

 

Andrew Hayton

Harbourmaster

 


Governing Body

24 June 2021

 

 

 

1          Affirmation

 

His Worship the Mayor read the affirmation.

 

 

Acknowledgements

 

His Worship the Mayor acknowledged:

·        The Black Caps for their victory at the first World Test Championship,

·        Wellington being placed under Covid-19 Alert Level 2 restrictions

·        The Auckland Civil Defence and Emergency Management and community response after the tornado which hit Papatoetoe on Saturday 19 June. The Mayor expressed condolences to the family of Mr Janesh Prasad,the man killed during the disaster.

 

 

Cr J Watson entered the meeting at 10.04 am.

Cr C Fletcher entered the meeting at 10.04 am.

Cr R Hills entered the meeting at 10.05 am.

 

 

2          Apologies

 

Resolution number GB/2021/62

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

That the Governing Body:

a)           accept the apologies from Cr A Filipaina and Cr D Simpson for early departure on council business.  

CARRIED

Note:   Subsequently, Cr Simpson did not depart early.

Cr D Newman entered the meeting at 10.06 am.

Electronic Attendance

Resolution number GB/2021/63

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

That the Governing Body:

b)          approve electronic attendance under Standing Order 3.3.3 for:

·        Cr C Fletcher

·        Cr S Stewart

·        Cr P Young

CARRIED

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

 

 

4          Confirmation of Minutes

 

Resolution number GB/2021/64

MOVED by Mayor P Goff, seconded by Cr D Simpson:  

That the Governing Body:

a)           confirm the ordinary minutes of its meeting, held on Thursday, 27 May 2021, 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

 

7.1

Local Board Input:  Ōrākei Local Board - Delegation Authority for certain notification decisions

 

Cr G Sayers entered the meeting at 10.15 am.
Cr J Watson left the meeting at 10.24 am.

 

Resolution number GB/2021/65

MOVED by Cr D Simpson, seconded by Cr J Bartley:  

That the Governing Body:

a)      receive the Ōrākei Local Board input regarding delegation authority for certain notification decisions and thank Member Troy Churton for his attendance.

CARRIED

 

 

8          Extraordinary Business

 

There was no extraordinary business.

 

 

9

Independent Māori Statutory Board - proposed funding agreement for the 2021/2022 financial year

 

Resolution number GB/2021/66

MOVED by Cr A Filipaina, seconded by Cr A Dalton:  

That the Governing Body:

a)      whakaae (approve) the 2021/2022 funding agreement between Auckland Council and Independent Māori Statutory Board, which comprises a total direct funding of $3,025,621 (opex).

b)      whakaae (approve) that variations to the 2021/2022 funding agreement between Auckland Council and the Independent Māori Statutory Board of no more than $50,000 in the financial year can be agreed between the chief executive of the Auckland Council and the chief executive of the Independent Māori Statutory Board, subject to budget being available to cover the variations.

c)      tuhipoka (note) that following approval of the proposed funding by the Governing Body, the 2021/2022 funding agreement between Auckland Council and the Independent Māori Statutory Board will be prepared and signed by the Mayor and the council’s chief executive and the chair and chief executive of the Independent Māori Statutory Board.

CARRIED

 

 

10

Decision-making responsibilities of Auckland Council's Governing Body and local boards

 

Cr J Watson returned to the meeting at 10.32 am.

 

Note:   changes were made to the original recommendation adding new clause c), with the agreement of the meeting.

 

Resolution number GB/2021/67

MOVED by Cr D Newman, seconded by Cr S Henderson:  

That the Governing Body:

a)      approve the Decision-making Responsibilities of Auckland Council’s Governing Body and Local Boards policy for inclusion in the long-term plan.

b)      confirm the allocation of decision-making responsibilities for non-regulatory activities of Auckland Council contained in the Decision-making Responsibilities of Auckland Council’s Governing Body and Local Boards policy (Attachment A of the agenda report).

c)      request staff to report back to the Governing Body further on the implications of a standing delegation to local boards to approve area plans and how this could be achieved.

d)      agree that the scope of the existing delegation to local boards to make objections to liquor licensing applications be clarified to include on, off, club and special licences.

e)      endorse the recommendation of the Joint Governance Working Party to refer delegation requests relating to transport and town centres to be considered in the next phase of the Waiheke pilot.

f)       note that the Decision-making Responsibilities of Auckland Council’s Governing Body and Local Boards policy is updated annually and refer any issues relating to the Governing Body responsibilities to the next review.

CARRIED

 

 

11

Proposed new Navigation Bylaw: Bylaw Panel report

 

An amended copy of the Navigation Safety Bylaw, appended at Attachment C of the agenda report, was 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.

 

IMSB Member Glenn Wilcox and the Harbourmaster Andrew Hayton were in attendance to speak in support of the item.

 

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

 

Resolution number GB/2021/68

MOVED by Cr L Cooper, seconded by Cr T Mulholland:  

That the Governing Body:

a)      approve the Bylaw Panel recommendations on the proposed changes to Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Urungi Āhuru / Auckland Council Navigation Bylaw 2021 and associated controls in Attachment A and Attachment B of the agenda report.

b)      confirm that the proposed new Navigation Bylaw 2021 and associated controls in amended Attachment C dated 23 June 2021:

i)       is the most appropriate way to ensure maritime safety and minimise the risk of accidents, nuisance and damage on Auckland’s navigable waters

ii)      is the most appropriate form of bylaw

iii)     does not give rise to any implications under, and is not inconsistent with the New Zealand Bill of Rights Act 1990 or the Maritime Transport Act 1994.

c)      adopt the proposed new Navigation Bylaw 2021 and associated controls in amended Attachment C dated 23 June 2021 with effect from 31 July 2021.

d)      approve the distribution of this agenda report and associated minutes to local boards for their information.

e)      delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw and associated controls in amended Attachment C dated 23 June 2021 to correct errors or omissions.

CARRIED

 

Attachments

a     24 June 2021, Governing Body:  Item 11 - Proposed new Navigation Bylaw: Bylaw Panel report, amended Attachment C of the agenda report

 

 

12

Group Remuneration Policy

 

Cr T Mulholland left the meeting at 11.14 am.

 

Resolution number GB/2021/69

MOVED by Mayor P Goff, seconded by Cr D Simpson:  

That the Governing Body:

a)      approve the Group Remuneration Policy (Attachment B of the agenda report).

CARRIED

 

 

13

Change to membership of the Appointments and Performance Review Committee

 

Resolution number GB/2021/70

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

That the Governing Body:

a)      approve a minor change to the Auckland Council Governing Body Terms of Reference 2019-2022 for membership of the Appointments and Performance Review Committee by discharging Councillor Desley Simpson and appointing Councillor Angela Dalton.

b)      note that staff will make the necessary amendments to amend the Auckland Council Governing Body Terms of Reference 2019-2022 as soon as is practicable.

CARRIED

 

 

14

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 24 June 2021

 

Resolution number GB/2021/71

MOVED by Mayor P Goff, seconded by Cr G Sayers:  

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 – 24 June 2021.

CARRIED

 

 

15

Summary of Confidential Decisions and related information released into Open

 

Resolution number GB/2021/72

MOVED by Cr D Simpson, seconded by Cr G Sayers:  

That the Governing Body:

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

i)       Appointment to the Heritage Advisory Panel

ii)      Nomination to Alleva Animal Health Limited Animal Ethics Committee.

CARRIED

 

 

16        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

17        Procedural motion to exclude the public

Resolution number GB/2021/73

MOVED by Cr A Filipaina, seconded by Cr C Casey:  

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:  Recommendation from the Appointments and Performance Review Committee - Chief Executive's Performance Objectives for FY22-24

 

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 have yet to be agreed with the Chief Executive, and the committee may discuss matters relating to the Chief Executive's current performance.

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

 

 

11.30am          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.

 

12.34pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL:  Recommendation from the Appointments and Performance Review Committee - Chief Executive's Performance Objectives for FY22-24

 

Resolution number GB/2021/74

MOVED by Mayor P Goff, seconded by Cr C Fletcher:  

That the Governing Body:

c)           agree that the decision, report and attachments remain confidential until the requirements no longer exists.

 

 

 

 

 

 

 

12.34 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:.......................................................