Kōmiti ā Pūtea, ā Mahi Hoki /
Finance and Performance Committee

 

OPEN MINUTES

 

Minutes of a meeting of the Finance and Performance Committee was held remotely on Thursday, 19 August 2021 at 10.00amThe meeting can be viewed on the Auckland Council website at https://councillive.aucklandcouncil.govt.nz/

 

present

 

Chairperson

Cr Desley Simpson, JP

 

Deputy Chairperson

Cr Shane Henderson

 

Members

Cr Josephine Bartley

 

 

Member Renata Blair

 

 

Cr Dr Cathy Casey

 

 

Deputy Mayor Cr Bill Cashmore

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

From 10.03am, Item 1

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Christine Fletcher, QSO

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Cr Richard Hills

From 10.04am, Item 1

 

Cr Tracy Mulholland

From 10.08am, Item 8

 

Cr Greg Sayers

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

Cr Paul Young

 

 

 

ABSENT

 

Member

Cr Daniel Newman, JP

 

 

 

ALSO PRESENT

 

Julie Fairey, Chair

Puketāpapa Local Board for Item C2  - CONFIDENTIAL: Land Exchange at Three Kings

 

Note:   all members of the Finance and Performance Committee and those presenting to the meeting attended via electronic link.

 


Finance and Performance Committee

19 August 2021

 

 

 

1          Apologies

 

Resolution number FIN/2021/73

MOVED by Chairperson D Simpson, seconded by Cr S Henderson:  

That the Finance and Performance Committee:

a)         accept the apologies from:

Lateness

Cr D Newman

Early departure

Cr E Collins

CARRIED

Note:   An apology had been received from Cr D Newman for lateness, however, the meeting has concluded before Cr Newman could attend.

Subsequently, Cr E Collins did not depart early.

 

 

Note:   a roll-call was conducted that ascertained the following members were in attendance at the commencement of the meeting: 

 

Mayor P Goff

ü

Cr C Fletcher

ü

Deputy Mayor BC Cashmore

ü

Cr S Henderson

ü

Cr J Bartley

ü

Cr R Hills

 

IMSB Member R Blair

ü

Cr T Mulholland

 

Cr C Casey

ü

Cr D Newman

 

Cr E Collins

ü

Cr G Sayers

ü

Cr P Coom

 

Cr S Stewart

ü

Cr L Cooper

ü

Cr W Walker

ü

Cr A Dalton

ü

Cr J Watson

ü

Cr C Darby

ü

IMSB Chair D Taipari

ü

Cr A Filipaina

ü

Cr P Young

ü

 

 

Cr P Coom joined the meeting at 10.03am.

Cr R Hills joined the meeting at 10.04am.

 


 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number FIN/2021/74

MOVED by Chairperson D Simpson, seconded by Cr S Henderson:  

That the Finance and Performance Committee:

a)         confirm the ordinary minutes of its meeting held on Thursday, 17 June 2021, including the confidential section; and the extraordinary minutes of its meeting held on Thursday, 29 July 2021, including the confidential section, as a true and correct record.

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

Te Wharau o Horotiu Bledisloe House – long-term lease

 

Cr T Mulholland joined the meeting at 10.08am.

 

MOVED by Chairperson D Simpson, seconded by Cr C Darby:  

That the Finance and Performance Committee:

a)      note the Governing Body agreed to provide for the transfer of ownership and a change in use for Bledisloe House through entering into a development agreement for a long-term ground lease of 125 years in the 10-year Budget 2021-2031 (Our Recovery Budget).

b)      note that in implementing the Governing Body decision, integration with the Aotea Station development will achieve the best public realm and development outcomes for the Aotea Quarter and city centre.

c)      approve a 125-year lease and the future development of Bledisloe House (Lot 1, DP200298; Lot 2 DP200298; Lot 16 DP21520; Lot 17 DP21520; contained in CT 128C/83) subject to the following requirements being met:

i)        that any development is integrated with Aotea Station and Aotea Quarter and the heritage status of Bledisloe House is protected

ii)       the satisfactory completion of all required statutory processes; and

iii)      approval of the final terms and conditions by the Eke Panuku Board

d)      request Eke Panuku enter exclusive negotiations for a long-term lease and development agreement with MRCB Australian Holding Company Pty Ltd (the over-station development partner) to achieve an integrated development of Bledisloe House with City Rail Link, Aotea Station and the Aotea Quarter.

e)      in the event, exclusive negotiations with MCRB Australian Holding Company Pty Ltd are unable to be concluded, request Eke Panuku lead a competitive market process for a long-term lease and development agreement for Bledisloe House.

 

 

 

MOVED by Cr W Walker, seconded by Cr J Watson, by way of addition to clause c):  

iv)           request that terms and conditions be notified back to Auckland Council prior to the finalisation of lease negotiations.

A division was called for, voting on which was as follows:

For

Cr C Darby

Cr C Fletcher

Cr G Sayers

Chairperson D Simpson

Cr S Stewart

Cr W Walker

Cr J Watson

Cr P Young

Against

Cr J Bartley

Cr C Casey

Deputy Mayor BC Cashmore

Cr E Collins

Cr P Coom

Cr L Cooper

Cr A Dalton

Cr A Filipaina

Mayor P Goff

Cr S Henderson

Cr R Hills

IMSB Chair D Taipari

Abstained

Member R Blair

 

The amendment was declared lost by 8 votes to 12.

 

Note:   Cr T Mulholland experienced an electronic connection issue and was not able to register a vote for the division.

 

The substantive motion was put.

 

Resolution number FIN/2021/75

MOVED by Chairperson D Simpson, seconded by Cr C Darby:  

That the Finance and Performance Committee:

a)      note the Governing Body agreed to provide for the transfer of ownership and a change in use for Bledisloe House through entering into a development agreement for a long-term ground lease of 125 years in the 10-year Budget 2021-2031 (Our Recovery Budget).

b)      note that in implementing the Governing Body decision, integration with the Aotea Station development will achieve the best public realm and development outcomes for the Aotea Quarter and city centre.

c)      approve a 125-year lease and the future development of Bledisloe House (Lot 1, DP200298; Lot 2 DP200298; Lot 16 DP21520; Lot 17 DP21520; contained in CT 128C/83) subject to the following requirements being met:

i)       that any development is integrated with Aotea Station and Aotea Quarter and the heritage status of Bledisloe House is protected

ii)      the satisfactory completion of all required statutory processes; and

iii)     approval of the final terms and conditions by the Eke Panuku Board

d)      request Eke Panuku enter exclusive negotiations for a long-term lease and development agreement with MRCB Australian Holding Company Pty Ltd (the over-station development partner) to achieve an integrated development of Bledisloe House with City Rail Link, Aotea Station and the Aotea Quarter.

e)      in the event, exclusive negotiations with MCRB Australian Holding Company Pty Ltd are unable to be concluded, request Eke Panuku lead a competitive market process for a long-term lease and development agreement for Bledisloe House.

CARRIED

 

Note:   Pursuant to Standing Order 1.8.6, the following councillors requested their dissenting votes be recorded:

·         Cr S Stewart

·         Cr W Walker

·         Cr J Watson

 

Note:   Cr T Mulholland re-established an electronic connection.

 

 

The meeting adjourned at 11.49am and reconvened at 11.53am.

 

 

9

Recommendation from Parks, Arts, Community and Events Committee, 8 July 2021 - Proposed land exchange - Bellgrove Reserves, Avondale

 

Resolution number FIN/2021/76

MOVED by Cr T Mulholland, seconded by Chairperson D Simpson:  

That the Finance and Performance Committee:

a)      note resolution PAC/2021/26 clause b) from the Parks, Arts, Community and Events Committee meeting held on 8 July 2021, recommending that the Finance and Performance Committee approve the disposal of Bellgrove Reserve West (245m2 / LOT 5 DP 100239) to Kāinga Ora and the disposal of part of Bellgrove Reserve East (152m2 / LOT 2 DP 100239) to Kāinga Ora.

b)        approve the disposal of Bellgrove Reserve West (245m2 / LOT 5 DP 100239) to Kāinga Ora and the disposal of part of Bellgrove Reserve East (152m2 / LOT 2 DP 100239) to Kāinga Ora to complete the land exchange.

CARRIED UNANIMOUSLY

 


 

 

10

Recommendation from Parks, Arts, Community and Events Committee, 8 July 2021 - Proposed exchange of reserve land at Murray Halberg Park, Ōwairaka

 

Resolution number FIN/2021/77

MOVED by Cr C Casey, seconded by Cr C Fletcher:  

That the Finance and Performance Committee:

a)      note resolution PAC/2021/27 clause b) from the Parks, Arts, Community and Events Committee meeting held on 8 July 2021, recommending that the Finance and Performance Committee approve the disposal of part of Lot 49 DP 43547, comprising approximately 200m2 and the disposal of part of Lot 49 DP 43547, comprising approximately 142m2.

b)      note that a recommendation to Finance and Performance Committee to approve the disposal of part of Lot 49 DP 43547, comprising of approximately 108m2, was unintentionally omitted from the recommendations considered by the Parks, Arts, Community and Events Committee meeting held on 8 July 2021.

c)      approve the disposal of part of Lot 49 DP 43547, comprising approximately 200m2; the disposal of part of Lot 49 DP 43547, comprising approximately 142m2; and the disposal of part of Lot 49 DP 43547, comprising of approximately 108m2.

CARRIED

 

 

11

Review of the Forward Work Programme - Finance and Performance Committee

 

Staff advised the Significance and Engagement Policy would be considered at the Governing Body meeting in September rather than August, as originally advised.

 

Resolution number FIN/2021/78

MOVED by Chairperson D Simpson, seconded by Cr S Henderson:  

That the Finance and Performance Committee:

a)      receive and review the progress on the 2021 forward work programme as appended in Attachment A of the agenda report.

b)      approve the forward work programme as agreed to at the meeting.

c)      review the work programme prior to the end of March 2022.

CARRIED

 

 

12

Summary of Finance and Performance Committee information memoranda and briefings - 19 August 2021

 

Resolution number FIN/2021/79

MOVED by Chairperson D Simpson, seconded by Cr S Henderson:  

That the Finance and Performance Committee:

a)      receive the Summary of Finance and Performance Committee information memorandum and briefings as at 19 August 2021.

CARRIED

 


 

 

13        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

14        Procedural motion to exclude the public

Resolution number FIN/2021/80

MOVED by Chairperson D Simpson, seconded by Cr S Henderson:  

That the Finance and Performance 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: Woodhill Sands Equestrian Centre - Support

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the

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)(e) - The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

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 legal and financial information about the Woodhill Sands Trust/WST (Company) 2016 Ltd/Trustees that is the subject of legal proceedings,

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: Land Exchange at Three Kings

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)(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 which if released would compromise the council's on-going negotiations.

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

 

 

12.02pm          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.

 

 

12.55pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL: Woodhill Sands Equestrian Centre - Support

 

Resolution number FIN/2021/81

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

f)       agree that the decision, report and attachments remain confidential until reasons for confidentiality no longer exist.

 

 


 

 

C2

CONFIDENTIAL: Land Exchange at Three Kings

 

Resolution number FIN/2021/82

MOVED by Cr C Fletcher, seconded by Cr C Casey:  

f)       agree that the decision, report and attachments remain confidential until reasons for confidentiality no longer exist.

 

 

 

12.55pm                                             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 Finance and Performance Committee HELD ON

 

 

 

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

 

 

 

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