Tira Kāwana / Governing Body

 

OPEN MINUTES

 

 

Minutes of a meeting of the Governing Body held remotely on Thursday, 26 August 2021 at 10.00am and can be viewed on the Auckland Council website https://councillive.aucklandcouncil.govt.nz/

 

present

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

 

 

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Alf Filipaina

 

 

Cr Christine Fletcher, QSO

 

 

Cr Shane Henderson

 

 

Cr Richard Hills

 

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

 

 

Cr Greg Sayers

 

 

Cr Desley Simpson, JP

 

 

Cr Sharon Stewart, QSM

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

Cr Paul Young

 

 

 

IN ATTENDANCE

 

Nick Hill

Chief Executive, Auckland Unlimited

Pam Ford

Director Investment and Industry, Auckland Unlimited

Rodger Murphy

Executive General Manager Risk and Assurance, Auckland Transport

 

 

Note:   All members of the Governing Body attended the meeting via electronic link.

 

 

 

 


Governing Body

26 August 2021

 

 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

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 S Henderson

ü

Deputy Mayor BC Cashmore

ü

Cr R Hills

ü

Cr J Bartley

ü

Cr T Mulholland

ü

Cr C Casey

ü

Cr D Newman

ü

Cr E Collins

ü

Cr G Sayers

ü

Cr P Coom

ü

Cr D Simpson

ü

Cr L Cooper

ü

Cr S Stewart

ü

Cr A Dalton

ü

Cr W Walker

ü

Cr C Darby

ü

Cr J Watson

ü

Cr A Filipaina

ü

Cr P Young

ü

Cr C Fletcher

ü

 

 

 

 

2          Apologies

 

There were no apologies.

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number GB/2021/91

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, 29 July 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

 

There was no local board input.

 

 

8

Extraordinary Business

Recommendation from the Regulatory Committee – Proposal to amend the Stormwater Bylaw 2015

Recommendation from the Regulatory Committee – Proposal to make a new bylaw about signs

CONFIDENTIAL City Rail Link Targeted Hardship Fund for C3 Works

 

The were three items of extraordinary business, two open items and one confidential item.

 

Resolution number GB/2021/92

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

That the Governing Body:

a)      consider two extraordinary items:

“Recommendation from the Regulatory Committee – Proposal to amend the Stormwater Bylaw 2015” and

“Recommendation from the Regulatory Committee – Proposal to make a new bylaw about signs”

at Item 16 – Consideration of Extraordinary Business, noting:

i)       the reason the matters were not on the agenda is that the decisions had not been finalised prior to the agenda being made publicly available

ii)      the reason why this matter cannot be delayed until a subsequent meeting is to ensure adoption of new and amended bylaws within statutory timeframes.

CARRIED

 

Resolution number GB/2021/93

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

That the Governing Body:

b)      consider a confidential extraordinary item “City Rail Link Targeted Hardship Fund for C3 Works” at Item C1 in the confidential section of the meeting, noting:

i)       the reason the matter was not on the agenda is because the Cabinet Business Development Sub-committee of Cabinet did not meet until 25 August 2021

ii)       the reason why this matter cannot be delayed until a subsequent meeting is that full Cabinet will consider the matter on 30 August 2021.

CARRIED

 


 

 

9

COVID-19 briefing and Auckland Emergency Management status update

 

A verbal update was provided.

 

Resolution number GB/2021/94

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

That the Governing Body:

a)      riro / receive the report and thank Phil Wilson, Director Governance and CCO Partnerships; Mace Ward, General Manager Parks, Sport and Recreation; Greg Morgan, CCO Implementation Lead; Nick Hill, Chief Executive – Auckland Unlimited; Pam Ford, Director – Investment and Industry – Auckland Unlimited and Rodger Murphy, Executive General Manager Risk and Assurance – Auckland Transport for the briefing on the COVID-19 pandemic and the Auckland Emergency Management status update.

CARRIED

 

 

The meeting adjourned at 11.23am and reconvened at 11.30am.

 

 

10

Papatoetoe Tornado Recovery Plan

 

Note:   changes were made to the original recommendation with new clause b), being added as a Chair’s recommendation.

 

Resolution number GB/2021/95

MOVED by Cr E Collins, seconded by Cr S Stewart:  

That the Governing Body:

a)      approve the Papatoetoe Tornado Recovery Plan

b)         thank the Ōtara-Papatoetoe and Howick Local Boards for their contributions to the Mayoral Relief Fund of $70,000 and $30,000 respectively

c)          thank the Taupo District Council for their support and assistance in standing up the recovery, and New Zealand Red Cross, partner agencies and staff and business units of Auckland Council for their role in delivering recovery efforts.

CARRIED

 

 

11

Appointment to Kaipara Moana Remediation Joint Committee

 

Resolution number GB/2021/96

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

That the Governing Body:

a)      whakatuu / appoint Rodney Local Board member Danielle Hancock as an Auckland Council representative to the Kaipara Moana Remediation Joint Committee.

CARRIED

 


 

 

12

Participation in a joint charter (collaboration agreement) for Te Whakaoranga o te Puhinui: Puhinui Regeneration Strategy

 

A PowerPoint presentation was given in support of the item.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Resolution number GB/2021/97

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

That the Governing Body:

a)      whakaae / approve the ratification of the Charter for Te Whakaoranga o te Puhinui (Puhinui Regeneration Strategy) as shown in Attachment A of the agenda report

b)      māngai / delegate authority to the Mayor and Deputy Mayor to sign the charter on the council’s behalf

c)      māngai / delegate authority to the Mayor and Deputy Mayor to agree any minor wording changes in the Charter.

CARRIED

 

Attachments

a     26 August 2021, Governing Body:  Item 12 - Participation in a joint charter (collaboration agreement) for Te Whakaoranga o te Puhinui: Puhinui Regeneration Strategy, Presentation

 

 

13

Feedback on discussion document - Changes to Māori ward and constituency processes

 

A PowerPoint presentation was given in support of the item. 

Local Board feedback has been circulated prior to the meeting.

Copies have been placed on the official minutes and are available on the Auckland Council website as a minutes attachments.

 

Resolution number GB/2021/98

MOVED by Cr L Cooper, seconded by Cr E Collins:  

That the Governing Body:

a)      whakaae / approve the submission in Attachment B of the agenda report, to the Minister of Local Government on the discussion document “Changes to Māori ward and constituency processes” and agree that local board submissions be attached to it

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

For

Cr J Bartley

Cr C Casey

Deputy Mayor BC Cashmore

Cr E Collins

Cr P Coom

Cr L Cooper

Cr A Dalton

Cr C Darby

Cr A Filipaina

Cr C Fletcher

Mayor P Goff

Cr S Henderson

Cr R Hills

Cr D Newman

Cr P Young

Against

Cr T Mulholland

Cr G Sayers

Cr D Simpson

Cr S Stewart

Cr W Walker

Cr J Watson

Abstained

 

The motion was declared carried by 15 votes to 6.

 

CARRIED

 

Resolution number GB/2021/99

MOVED by Cr L Cooper, seconded by Cr E Collins:  

That the Governing Body:

b)      whakaae / agree that the submission provided in Attachment C of the agenda report from the Independent Māori Statutory Board is attached to council’s submission

c)      whakaae / agree that the Governing Body representatives on the Governing Body / Independent Māori Statutory Board joint group that will consider these matters further are:

i)       Councillor Alf Filipaina

ii)      Councillor Angela Dalton

iii)     Councillor Shane Henderson

d)      tuhipoke / note the draft terms of reference for the Governing Body / Independent Māori Statutory Board joint group provided in Attachment D of the agenda report.

CARRIED

 

Attachments

a     26 August 2021, Governing Body:  Item 13 - Feedback on discussion document - Changes to Māori ward and constituency processes, Presentation

b     26 August 2021, Governing Body:  Item 13 - Feedback on discussion document - Changes to Māori ward and constituency processes, Local Board feedback

 

 

The meeting adjourned at 1.24pm and reconvened at 2.00pm.

Cr S Henderson was not present.

 

 

14

Local Government New Zealand Conference and Annual General Meeting - Report Back

 

Cr S Henderson returned to the meeting at 2.07pm.

 

Resolution number GB/2021/100

MOVED by Cr P Coom, seconded by Cr R Hills:  

That the Governing Body:

a)          riro / receive the report on the Local Government New Zealand Conference and Annual General Meeting held 13 – 15 July 2021, as outlined in Attachment A of the agenda report.

CARRIED

 


 

 

 

 

15

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 26 August 2021

 

Resolution number GB/2021/101

MOVED by Cr D Simpson, seconded by Cr C Casey:  

That the Governing Body:

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

b)      riro / receive the Summary of Governing Body information memoranda, workshops and briefings – 26 August 2021.

CARRIED

 

 

 

 

16        Consideration of Extraordinary Items

 

An item of extraordinary business was also considered in the confidential section of the meeting.

 

16.1

Recommendation from the Regulatory Committee – Proposal to amend the Stormwater Bylaw 2015

 

The documents for this item had been circulated prior to the meeting.  Copies have been placed on the official minutes.

The original report provided to the Regulatory Committee, with attachments, are available on the Auckland Council website and can be accessed at the following link:

http://infocouncil.aucklandcouncil.govt.nz/Open/2021/08/REG_20210817_AGN_10506_AT.htm#PDF2_ReportName_80572

 

 

Resolution number GB/2021/102

MOVED by Cr L Cooper, seconded by Cr D Newman:  

That the Governing Body:

a)          note that the Regulatory Committee completed the review of the Stormwater Bylaw 2015 in July 2020 and determined that a bylaw is still the most appropriate way to address issues related to public stormwater networks and private stormwater systems.

b)      adopt the Statement of Proposal to amend the Stormwater Bylaw 2015 in Attachment A of this agenda report for public consultation.

c)      forward to local boards the original agenda report and Attachment A for their information.

d)      delegate authority through the Chief Executive to a manager responsible for Healthy Waters to make any amendments to the Proposal in Attachment A to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

 

e)      note that the appointment of a chair and two bylaw panel members selected from the Governing Body and the Independent Māori Statutory Board:

i)           Cr L Cooper (chair)

ii)         Cr D Newman

iii)        IMSB Member G Wilcox

to attend ‘Have Your Say’ events to deliberate and make recommendations to the Governing Body on public feedback to the Statement of Proposal contained in Attachment A of the agenda report.

f)       note the delegated authority to the Regulatory Committee chairperson to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

g)      note the delegated authority through the Chief Executive of Auckland Council to a manager responsible for Healthy Waters to appoint staff to receive public feedback at ‘Have Your Say’ events.”

 

CARRIED

 

 


16.2

Recommendation from the Regulatory Committee – Proposal to make a new bylaw about signs

 

The documents for this item had been circulated prior to the meeting.  Copies have been placed on the official minutes.

The original report provided to the Regulatory Committee, with attachments, are available on the Auckland Council website and can be accessed at the following link:

http://infocouncil.aucklandcouncil.govt.nz/Open/2021/08/REG_20210817_AGN_10506_AT.htm#PDF2_ReportName_80799

 

 

Resolution number GB/2021/103

MOVED by Cr L Cooper, seconded by Cr J Bartley:  

That the Governing Body:

a)      adopt the Statement of Proposal in Attachment A of this agenda report for public consultation, and confirm that the proposed new Auckland Council and Auckland Transport Te Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls:

i)       are the most appropriate form of bylaw and controls

ii)      do not give rise to any implications under, and are not inconsistent with, the New Zealand Bill of Rights Act 1990

iii)     are not inconsistent with other Acts, regulations, rules, codes, or bylaws.

b)      forward to local boards the original agenda report and attachments for their information.

c)      delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

d)      note that the Regulatory Committee appointed a chair and four Bylaw Panel members selected from the Governing Body and the Independent Māori Statutory Board:

i)           Cr L Cooper (chair)

ii)         Cr S Henderson

iii)        Cr J Bartley

iv)        Cr E Collins

v)         IMSB Member G Wilcox

to a joint Bylaw Panel with Auckland Transport, to attend ‘Have Your Say’ events and to deliberate and make recommendations to the Governing Body and the Board of Auckland Transport on public feedback to the Statement of Proposal in Attachment A of this agenda report.

e)      note that the Regulatory Committee recommended that if at any time Auckland Transport decides not to proceed with a joint bylaw the Governing Body delegates authority to the Regulatory Committee chairperson and a manager responsible for bylaws to:

i)       amend the Statement of Proposal in Attachment A to remove clauses that apply on the Auckland transport system for transport-related purposes and all clauses related to the Auckland Transport Election Signs Bylaw 2013; and

ii)      make amendments to the Bylaw Panel such that it will be an Auckland Council only panel, rather than a joint Bylaw Panel with Auckland Transport, and will only need to report to the Governing Body and not the Board of Auckland Transport.

f)       note the delegated authority to the Regulatory Committee chairperson to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

g)      note the delegated authority through the Chief Executive to a manager responsible for bylaws to:

i)       appoint staff to receive public feedback at ‘Have Your Say’ events

ii)      make any amendments to the Statement of Proposal in Attachment A of this agenda report to insert or replace diagrams and pictures, correct errors, omissions or to reflect decisions made by the Regulatory Committee.

CARRIED

 

 


Public Excluded

Resolution number GB/2021/104

MOVED by Mayor P Goff, seconded by Cr P Young:  

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:  City Rail Link Targeted Hardship Fund for C3 Works

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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 could prejudice the council's commercial position.

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

 

2.39pm            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.

 

 

4.02pm            The public was re-admitted.

 

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL:  City Rail Link Targeted Hardship Fund for C3 Works

 

 

 

Resolution number GB/2021/105

MOVED by Mayor P Goff, seconded by Deputy Mayor BC Cashmore:  

f)           agree that the report will remain confidential until the reasons for confidentiality no longer exist.

 

 

 

 

4.02pm                                               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:.......................................................