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, 31 August 2021

10.00am

This meeting will be held remotely and a recording of the meeting will be available on:
https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

Kōmiti Mō Te Kopou Me Te Arotake

Whakatutukitanga / Appointments and

Performance Review Committee

 

OPEN AGENDA

 

 

MEMBERSHIP

 

Chairperson

Hon Phil Goff, CNZM, JP

 

Deputy Chairperson

Cr Christine Fletcher, QSO

 

Members

Cr Josephine Bartley

 

 

Cr Pippa Coom

 

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Richard Hills

 

 

IMSB Chair David Taipari

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

 

(Quorum 4 members)

 

 

 

Duncan Glasgow

Kaitohutohu Mana Whakahaere /

Governance Advisor

 

26 August 2021

 

Contact Telephone: (09) 890 2656

Email: duncan.glasgow@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Responsibilities

 

The Appointments and Performance Review Committee is established to:

 

1.     review the chief executive’s performance and recommend to the Governing Body the terms and conditions of the CE’s employment including any performance agreement measures and annual remuneration

2.     make appointments to Council-Controlled Organisations (CCOs), Council Organisations (COs) and exempt CCOs and COs, with the exception of Ports of Auckland Limited and Auckland International Airport Limited

3.     receive updates on appointments to the council organisations, Ports of Auckland Limited and Auckland International Airport Limited, as well as any relevant updates on shareholder voting undertaken at Auckland International Airport Limited annual general meetings

4.     approve policies relating to the appointment of directors and trustees to CCOs and COs.

 

Powers

 

All powers necessary to perform the committee’s responsibilities.

Except:

(a)        powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)        where the committee’s responsibility is limited to making a recommendation only

(c)        the power to establish sub-committees.

 

 

Code of conduct

 

For information relating to Auckland Council’s elected members code of conduct, please refer to this link on the Auckland Council website - https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/elected-members-remuneration-declarations-interest/Pages/elected-members-code-conduct.aspx

 

 


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.

 

 


Appointments and Performance Review Committee

31 August 2021

 

ITEM   TABLE OF CONTENTS            PAGE

1          Apologies                                                                                 7

2          Declaration of Interest                                          7

3          Confirmation of Minutes                                                         7

4          Petitions                                                                 7  

5          Public Input                                                           7

6          Local Board Input                                                 7

7          Extraordinary Business                                       8

8          Board appointments for council-controlled organisations and external partnerships           9

9          Appointments and Performance Review Committee Forward Work Programme - 31 August 2021                                                         13

10        Consideration of Extraordinary Items

PUBLIC EXCLUDED

11        Procedural Motion to Exclude the Public                           19

C1       CONFIDENTIAL: Shortlist of candidates for an Auckland Transport board appointment          19

C2       CONFIDENTIAL: Appointment of Deputy Chair to the board of Eke Panuku                               19

C3       CONFIDENTIAL: Board appointments to the Museum of Transport and Technology            19


1          Apologies

 

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          Confirmation of Minutes

 

That the Appointments and Performance Review Committee:

a)          confirm the ordinary minutes of its meeting, held on Tuesday, 3 August 2021, including the confidential section, as a true and correct record.

 

 

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

 

5          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

 

 

6          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 

7          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.”


Appointments and Performance Review Committee

31 August 2021

 

Board appointments for council-controlled organisations and external partnerships

File No.: CP2021/11015

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on the programme of appointments for the boards of Auckland’s council-controlled organisations (CCOs) and other entities and note that decisions will be made in the confidential part of this meeting.

Whakarāpopototanga matua

Executive summary

2.       Confidential reports on this agenda seek the following decisions:

a)         approval of a shortlist of candidates for an Auckland Transport Board appointment

b)         appointment of a deputy chair for the board of Eke Panuku

c)         approval of board appointments to the Museum of Transport and Technology (MOTAT).

3.       These appointments are made in line with the Appointments and Remuneration Policy for Board Members of Council Organisations.

4.       Auckland Unlimited makes recommendations to Auckland Council for appointments to MOTAT.

 

Ngā tūtohunga

Recommendation/s

That the Appointments and Performance Review Committee:

a)      note that reports on the confidential agenda will consider:

i)       approval of a shortlist of candidates for an Auckland Transport board appointment

ii)       appointment of a deputy chair for the board of Eke Panuku

iii)      approval of board appointments to the Museum of Transport and Technology

b)      note that the reports are confidential due to the personal information contained in them.

 

Horopaki

Context

5.       Appointments made by Auckland Council are made in line with the Appointments and Remuneration Policy for Council Organisations. The board appointment process is outlined in Figure 1.


 

Figure 1: Board Appointment Process

Approval of shortlist of candidates for and Auckland Transport board appointment

6.       Auckland Council is in the process of appointing a director to the Auckland Transport board to meet the brief approved by the committee on 30 March 2021 (APR/2021/24).

7.       The report on the confidential agenda seeks approval to interview shortlisted candidates.

Appointment of a deputy chair to the Eke Panuku Board

8.       Eke Panuku does not currently have a deputy chair and is now seeking to fill this position.

9.       The appointment of a deputy chair will consider the experience and skills of the existing board.

Museum of Auckland Transport and Technology board appointments

10.     The Museum of Transport and Technology Act 2000 governs the board appointment process for MOTAT.

11.     Auckland Council appoints six of 10 members to the MOTAT board. The remaining four members are appointed by the MOTAT Society.

12.     Terms of appointment for MOTAT board members are set at two years by the legislation.

13.     Auckland Unlimited provides recommendations on appointments to MOTAT under the Advisory and Management Agreement with Auckland Council.

14.     Auckland Unlimited follows a process that is in line with Auckland Council’s Appointment and Remuneration Policy for Council Organisations.

Tātaritanga me ngā tohutohu

Analysis and advice

15.     It is the role of this committee to make decisions on the appointments of board members to CCO boards and the appointment of chairs and deputy chairs of each board.

16.     Council appointments for three positions on the MOTAT board end on 31 October 2021.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17.     The common priorities for CCO director vacancy briefs include the requirement that candidates demonstrate:

“Commitment to integrate Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan into the strategies and operations of the Council-controlled organisations.”

18.     Each CCO is accountable for ensuring that their planning and decisions reflect the action areas outlined in Te-Tāruke-ā-Tāwhiri.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     The appointment of the best possible directors to the CCOs boards will have a positive impact on the council group.

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

Local impacts and local board views

20.     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.

Tauākī whakaaweawe Māori

Māori impact statement

21.     The Appointment and Remuneration Policy for Board Members of Council Organisations states that the council:

…values and supports the benefits that diversity of thought, experience and skills bring to our CCO Boards.  Council recognises 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.

 

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

23.     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.

24.     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.

25.     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):

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

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

ii)       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

iii)      thorough reference checks of candidates who are approved for appointment to the CCOs are being conducted by Kerridge and Partners.

b)      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 lack innovation and fresh thinking. 

Ngā koringa ā-muri

Next steps

28.     The appointment of an Auckland Transport director is expected to be reported to this committee on 28 September 2021.

29.     Following the completion of the appointments processes staff will notify the successful candidates.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

James Stephens - Senior Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Director, Governance & CCO Partnerships

 


Appointments and Performance Review Committee

31 August 2021

 

Appointments and Performance Review Committee Forward Work Programme - 31 August 2021

File No.: CP2021/12524

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme appended as Attachment A.

Whakarāpopototanga matua

Executive summary

2.       This committee deals with making appointments and approving policies to Council-Controlled Organisations (CCOs), Council Organisations (COs) and exempt CCOs and COs, with the exception of Ports of Auckland Limited (POAL) and Auckland International Airport Limited (AIAL).

3.       The committee also reviews and make recommendations to the Governing Body in relation to the chief executive’s employment. Additionally, the committee is also responsible for receiving updates to the council organisations, POAL and AIAL.

4.       This forward work programme covers the period February 2021 to December 2021.

 

Ngā tūtohunga

Recommendation/s

That the Appointments and Performance Review Committee:

a)      note the progress on the forward work programme appended as Attachment A of the agenda report.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

15

     

Ngā kaihaina

Signatories

Author

Duncan Glasgow - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Phil Wilson - Director, Governance & CCO Partnerships

 



Appointments and Performance Review Committee

31 August 2021

 

 

Kōmiti Mō Te Kopou Me Te Arotake Whakatutukitanga / Appointments and Performance Review Committee
Forward Work Programme 2021

This committee deals with making appointments and approving policies to Council-Controlled Organisations (CCOs), Council Organisations (COs) and exempt CCOs and COs, with the exception of Ports of Auckland Limited and Auckland International Airport Limited.  The committee also reviews and make recommendations to the Governing Body in relation to the chief executive’s employment. Additionally, the committee is also responsible for receiving updates to the council organisations, POAL and AIAL.  The full terms of reference can be found here:

 

Area of work and Lead Department

Reason for work

Committee role

(decision and/or direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2021

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

CCO Director Appointments and Reappointments

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve:

·    appointment

·    reappointment

·    vacancy/skill set/

·    panel members

As and when required

Director Appointments to CCO’s – Auckland Transport

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve:

·    Approve AT Director Brief – 30 March 2021

·    Skills

·    Panel members

 

Progress to date:

Approval of Auckland Transport Brief
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Director Appointments to CCO’s – Watercare

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve (1 Director):

·    vacancy/skill set/selection panel

·    longlist

·    shortlist

·    Appointment/re appointment

Progress to date:

Approval of Watercare Brief
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Review of board remuneration appointment policy

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve the board appointment and remuneration policy.

 

 

 

 

 

 

 

 

 

 

 

 

Board intern programme

CCO Governance and External Partnerships

In 2013, Auckland Council approved a director intern programme known as the board intern programme

To approve the appointment of five board interns for CCO’s

Progress to date:

Councillor appointed to board intern selection panel Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

AWMM / MOTAT

CCO Governance and External Partnerships

Auckland Council makes 5 appointments to the AWMM Board and 6 appointments to the MOTAT Board.  The appointments are to replace or renew directors whose terms are expiring.

Reappointments/new appointments

 

 

 

 

 

 

 

 

 

 

 

 

CE Performance Objectives

Group Services

Setting CE Performance Objectives

CE review process

To approve the Chief Executives Performance Objectives

Progress to date:

Link to decision
Link
to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completed

Area of work

Committee Role

(decision and/or direction)

Decision

Tamaki Redevelopment Company

To approve reappointments.

Decision on director reappointments in confidential 2 March 2021, decision released 3 August 2021 Link to decision.

Director Appointments to CCO’s – Panuku

To approve director appointments.

Decision on director appointments in confidential 4 May 2021, decision released 3 August 2021 Link to decision.

Manukau Beautification Charitable Trust

To approve director appointments

Decision on director appointments in confidential 30 March 2021, decision released 3 August 2021 Link to decision.

Auckland Regional Amenities Funding Board

To approve director appointments.

Decision on director appointments in confidential 15 June 2021, decision released 3 August 2021 Link to decision.

Director Reappointments to CCOs

To reappointment directors

Decision on director reappointments in confidential 15 June 2021.

Community Education Trust Auckland, Te Hononga Akoranga (COMET)

To reappoint trustees

Decision on trustee reappointments in confidential 15 June 2021.

Māngere Mountain Education Trust (MMET)

To reappoint trustees

Decision on trustee reappointments in confidential 15 June 2021.

Director Appointments to CCO’s – Auckland Unlimited

To approve director appointments

Decision on director appointments in confidential 15 June 2021, decision released 3 August 2021 Link to decision.

Appointments to the Contemporary Arts Foundation

To approve trustee appointments to the Contemporary Arts Foundation.

Decision on trustee appointments in confidential 3 August 2021.

 

 


Appointments and Performance Review Committee

31 August 2021

 

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: Shortlist of candidates for an Auckland Transport board appointment

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 personal information regarding director candidates

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: Appointment of Deputy Chair to the board of Eke Panuku

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 candidates for Deputy Chair of Eke Panuku

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: Board appointments to the Museum of Transport and Technology

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 candidates being considered for appointment to the Museum of Transport and Technology

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.