Terms of Reference
Responsibilities
The purpose of the committee is to:
a)
advise and support the mayor on the development of the Long-term Plan
(LTP) and Annual Plan (AP)
b)
monitor the overall financial management and performance of the council
parent organisation and Auckland Council group
c) make
financial decisions required outside of the annual budgeting processes.
The committee will establish an annual work programme
outlining key focus areas in line with its key responsibilities, which include:
·
advising and supporting the mayor on the development of the LTP
and AP for consideration by the Governing Body including:
o local
board agreements
o financial
policy related to the LTP and AP
o setting
of rates
o preparation
of the consultation documentation and supporting information, and the
consultation process, for the LTP and AP
·
monitoring the operational and capital expenditure of the council
parent organisation and Auckland Council Group, and inquiring into any material
discrepancies from planned expenditure
·
approving the financial policy of the council parent organisation
·
establishing and managing a structured approach to the approval
of non-budgeted expenditure (including grants, loans or guarantees) that
reinforces value for money and an expectation of tight expenditure control
·
approve the council insurance strategy and annual insurance
placement for Council
·
performance measures and monitoring
·
write-offs
·
acquisition of property in accordance with the LTP
·
disposals in accordance with the LTP
·
recommending the Annual Report to the Governing Body
·
funding for achieving improved outcomes for Māori.
Powers
(i) All
powers necessary to perform the committee’s responsibilities, including:
(a) approval of a
submission to an external body
(b) establishment
of working parties or steering groups.
(ii) The
committee has the powers to perform the responsibilities of another committee,
where it is necessary to make a decision prior to the next meeting of that
other committee.
(iii) If
a decision is a budgetary or financial decision that relates primarily to the
Finance and Performance Committee responsibilities, the Finance and Performance
Committee has the powers to make associated decisions on matters that would
otherwise be decided by other committees. For the avoidance of doubt, this
means that matters do not need to be taken to multiple committees for
decisions.
(iii) The
committee does not have:
(a) the
power to establish subcommittees
(b) powers
that the Governing Body cannot delegate or has retained to itself (section 2)
Exclusion of the
public – who needs to leave the meeting
Members of the public
All members of the public must leave the
meeting when the public are excluded unless a resolution is passed permitting a
person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to
know” basis where access to the information is required in order for a
person to perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Independent Māori Statutory Board
·
Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
·
Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
·
All staff supporting the meeting (administrative, senior
management) remain.
·
Other staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the
matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
·
Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council
Controlled Organisation.
At the close of
the agenda no apologies had been received.
2 Declaration
of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
3 Petitions
There is no
petitions section.
4 Public
Input
There is no
public input section.
5 Local
Board Input
There is no
local board input section.
6 Extraordinary
Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item
that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local
authority by resolution so decides; and
(b) The presiding member
explains at the meeting, at a time when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the
discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an
item is not on the agenda for a meeting,-
(a) That item may be discussed
at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b) no resolution, decision or
recommendation may be made in respect of that item except to refer that item to
a subsequent meeting of the local authority for further discussion.”
