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Resolution
number AUD/2021/78
MOVED by Chairperson S Sheldon, seconded by
Deputy Chair Cr D Newman:
That the Audit and Risk Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Greg Schollum, Deputy Auditor-General, Athol Graham, Audit Director,
Audit New Zealand, Andrea Reeves, Assistant Auditor-General – Local
Government and Penica Cortez, Audit Manager, Audit New Zealand be permitted
to remain for the confidential part of the meeting after the public has been
excluded, because of their knowledge of matters which will help the Audit and
Risk Committee in its decision-making.
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:
Council-controlled organisations' quarterly risk update - December 2021
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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.
In
particular, the report contains risk reporting and detailed top risks
confidential to the substantive council-controlled organisations' Boards or
Audit and Risk Committees. The council-controlled organisations have
provided their risk reports for the Council's Audit and Risk Committee
subject to confidentiality.
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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.
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C2 CONFIDENTIAL:
Legal Risk Update
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
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 legally privileged and commercially
sensitive information.
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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.
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C3 CONFIDENTIAL:
Assurance Services Activity Update
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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.
In
particular, the report contains information which if released would
jeopardise the effective delivery of the Assurance Services work programme.
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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.
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C4 CONFIDENTIAL:
Interim report and NZX release for the six months ending 31 December 2021
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this resolution
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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.
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s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
In
particular, the report and attachments contain information regarding the
interim report and financial results of Auckland Council Group as at 31
December 31 which cannot be made public until released to the NZX.
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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.
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C5 CONFIDENTIAL:
Office of the Auditor-General and Audit New Zealand Briefing
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(j)
- The withholding of the information is necessary to prevent the disclosure
or use of official information for improper gain or improper advantage.
In
particular, the report from the Office of the Auditor-General and Audit New
Zealand contains information regarding the interim report and financial
results of Auckland Council Group as at 31 December 2021 which cannot be
made public until released to the NZX.
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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.
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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
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