I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 16 December 2021

10.00am

This meeting will be held remotely and can be viewed on the Auckland Council website
https://councillive.aucklandcouncil.govt.nz/

 

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Richard Hills

 

Cr Dr Cathy Casey

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

13 December 2021

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



 

Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan

(d)        the power to adopt a long-term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)         the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy

 

Additional responsibilities retained by the Governing Body:

 

(h)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(i)         approval of a draft bylaw prior to consultation

(j)         resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(k)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(l)         relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(m)       overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs

(n)        oversight of work programmes of all committees of the governing body.

 

 

 

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.

 

 


Governing Body

16 December 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Affirmation                                                                                7

2          Apologies                                                                                 7

3          Declaration of Interest                                          7

4          Confirmation of Minutes                                                         7

5          Petitions                                                                 7  

6          Public Input                                                           7

7          Local Board Input                                                 7

8          Extraordinary Business                                       8

9          Three Waters Economic Regulation - Council family submission                                                9

10        Referred from the Audit and Risk Committee - Auckland Council's Health, Safety and Wellbeing (HSW) performance                          69

11        Referred from the Audit and Risk Committee - Enterprise Risk Update - December 2021        93

12        Referred from the Audit and Risk Committee - Annual Report on the Performance of the Audit and Risk Committee                                         121

13        Update on Māori representation in local government                                                       129

14        Auckland Light Rail (Covering report)           141

15        Forward Work Programmes of Committees of the Governing Body                                         143

16        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 16 December 2021                                                 145

17        Summary of Confidential Decisions and related information released into Open         163

18        Consideration of Extraordinary Items

PUBLIC EXCLUDED

19        Procedural Motion to Exclude the Public                         187

C1       CONFIDENTIAL:  Recommendation from the Appointments and Performance Review Committee – Chief Executive Remuneration Review                                                                187


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

 

3          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.

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 25 November 2021 and the extraordinary minutes of its meeting, held on Wednesday, 8 December 2021, as a true and correct record.

 

 

5          Petitions

 

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

 

 

6          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.

 

 

7          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.

 

 

 

8          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.”

 

 


Governing Body

16 December 2021

 

 

Three Waters Economic Regulation - Council family submission

File No.: CP2021/19112

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a summary and approve the submission to the Ministry of Business, Innovation and Employment on the economic regulation of three waters in New Zealand.

Whakarāpopototanga matua

Executive summary

2.       On 27 October 2021, the Ministry of Business, Innovation and Employment released a discussion paper, “Economic Regulation and Consumer Protection for Three Waters Services in New Zealand”.

3.       The issues of economic regulation and consumer protection for three waters services in New Zealand is related, but separate to, the broader issue of the Water Services Bill. They require separate submissions as they are two completely different processes run by two different bodies and on different timeframes. There is a separate process to provide feedback about the reform in general. This process is to provide feedback on only the proposed economic regulation.

4.       According to central government, economic regulation will have a crucial role to play in driving the level of efficiency that will be required to keep water services affordable in the long run.

5.       Economic regulation ensures that the best outcomes for consumers will occur when there are monopoly markets, and the suppliers have a large amount of market power.

6.       In this case, it is proposed that the economic regulator will also act as the consumer protection regulator and be funded through levies.

7.       It is proposed that the Commerce Commission act in both capacities to regulate the newly formed three waters industry in New Zealand after the Water Services Bill is enacted.

8.       There was a governing body workshop on 14 November 2021 where the overall direction of the submission was discussed and feedback received.

9.       The submission is built upon input from across the Auckland Council family, including (but not limited to) Auckland Council’s Chief Planning Office, Healthy Waters, Watercare, and Auckland Unlimited.

10.     Final submissions on this topic are due at 5pm on 20 December 2021.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve Council’s draft submission on the Economic and Consumer Protection Regulation of Three Waters shown at Attachment B

b)      authorise the Mayor as Chair of Governing Body to approve the final submission by 20 December 2021 once any feedback from mana whenua has been included.

 

Horopaki

Context

11.     The discussion document describes how the economic regulator is envisioned to operate and what its statutory obligations would be. The discussion document also provides a brief explanation of why economic regulation is required in the face of three waters reform. Finally, it asks for feedback on several topics.

12.     A summary of the discussion document is in Attachment A.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     The draft submission is included as Attachment B. A brief summary of the submission follows.

14.     While there are 46 questions posed to submitters in the discussion document, and the submission addresses all of them, only a few are acutely relevant. The following questions (in italics) are the most critical for the council family to provide feedback. In each case, the question is followed by a summary of the draft submission. Following these questions are additional issues that are important but have gone unaddressed in the discussion paper.

15.     What are your views on whether there is a case for the economic regulation of three waters infrastructure in New Zealand?

There is a strong case for economic regulation of three waters in New Zealand. However, we also strongly believe that the regulator must be fit-for-purpose, acknowledge the differences between the delivery of three waters services and other regulated services (such as electricity), and ensure that all the wellbeings that make up economics (social, cultural, environmental, and financial) are considered and that the economic regulator does not operate as a de facto financial regulator.

16.     What are your views on whether the stormwater networks that are currently operated by local authorities should be economically regulated, alongside drinking water and wastewater?

There is a strong case to regulate stormwater along with drinking water and wastewater. Though this is somewhat unique in the global sense, it would be difficult in practice for the same entity to provide both regulated and unregulated services. In practice, this likely means that only certain parts of the stormwater networks will be regulated whereas other parts (streams, fields, natural wetlands, drainage gullies along roads) will be unregulated. This creates some additional complexity but does not preclude a regulatory regime.

17.     Do you consider that the economic regulation regime should be implemented gradually from 2024 to 2027, or do you consider that a transitional price-quality path is also required?

The economic regulation regime should be implemented gradually from 2024 to 2027. This is purely for practical purposes as the newly formed entities will not have the data to inform a useful price-quality path, nor would the economic regulator or the Government have the necessary information (e.g., the data from the new entities) and/or insights to set a price-quality path during the very early period of amalgamation.

However, that does not mean that guidance and coaching will not be of use at this point. Like all transitions, we would expect there to be some difficulties both planned for and otherwise. The regulator can help point the new entities in the right direction without setting an under-informed or overly prescriptive price-quality path.

18.     What are your views on how Treaty of Waitangi principles, as well as the rights and interests of iwi/Māori, should be factored into the design of an economic regulatory regime for the three waters sector?

Everything that is done by government must be in accordance with the Treaty of Waitangi. The economic regulation of three waters is no different.

19.     What do you consider are the relevant policy objectives for the structure of three waters prices? Do you consider there is a case for parliament to directly control or regulate particular aspects in the structure of three waters prices? Who do you consider should have primary responsibility for determining the structure of three waters prices? If you consider the economic regulator should have a role, what do you think the role of the economic regulator should be? Should they be empowered to develop pricing structure methodologies, or should they be obliged to develop pricing structure methodologies?

Prices in the three waters industry need to meet several criteria. They need to be simple, transparent, fair, and reflect the cost of providing the service. As water is a human right, it is also necessary that pricing reflect that there is a minimum amount of water that should be affordable to all households. There is likely no place for parliament to directly control or regulate prices in the three waters industry. Pricing should not be able to be politically motivated, and policy goals of parliament can be implemented in other ways.

The structure of the prices should be determined by cooperation between the economic regulator and the water services entity. The entities are best placed to understand their cost structure and the needs of their customers. The regulator, along with the entities, should set attainable pricing goals and the regulator’s job is to then hold entities to account. The cooperation of the entities and the regulator is the primary mechanism to attaining benefits from regulation and the price structure is one of the avenues for this.

20.     Who do you think is the most suitable body to be the economic regulator for the three waters sector? Please provide reasons for your view.

In theory, it should not matter where in government the economic regulator sits. In practice, however, we feel that it will matter a great deal.

We suggest consumer protection and economic regulation should be performed by the same entity which could be the Commerce Commission.  However, they would need to develop adequate specialist understanding, not only of regulation, but of the three waters industry. They should not treat three waters the same as the other things they regulate. Given the nature of three waters, its non-profit structure, and water’s status as more than just another commodity, the regulator will require additional specialist competencies to regulate three waters.

21.     What are your views on whether minimum service level requirements should be able to vary across different types of consumers?

Minimum service level requirements should be able to vary across different types of consumers. While certain measures should have a universal standard (for instance, minimum acceptable drinking water quality), other measures such as response times and acceptable service interruptions should be able to vary across consumers. What is an acceptable response time in a remote area of the country may be completely unacceptable in a more urban area. Similarly, there will be consumers for which any interruption in service is gravely serious, where other types of consumers are able to withstand service outages more easily. A one-size-fits-all approach would be inadequate to address these issues.

22.     What are your views on whether the regulatory regime should include a positive obligation to protect vulnerable consumers, and that minimum service level requirements are flexible enough to accommodate a wide range of approaches to protecting vulnerable consumers?

The regulatory regime should have a positive obligation to protect vulnerable consumers. In that vein, it should also define what and who a vulnerable consumer is.

23.     Do you consider that there should be special considerations for traditionally under-served or vulnerable communities? If so, how do you think these should be given effect?

Yes, vulnerable and underserved communities should be given special considerations. We do not hold a strong opinion on how this should be given effect, only that it be done appropriately and effectively.

 

 

 

24.     The above questions, and the remainder that are posed by the discussion document, are important to provide feedback on. However, there are many questions that need to be answered but were left unasked by the Ministry of Business, Innovation and Employment. A non-comprehensive list follows.

·    How will all the regulators (water quality, economics, consumer protection) work together? And what mechanism will exist to resolve disputes across the different regulators?

·    Within councils, how will the councils’ regulatory arms deal with the regulators? What mechanisms will be in place?

·    How do planning and regulatory cycles get linked? Will the planning cycles of councils and regulatory cycle of the regulators be harmonised?

·    How do we ensure that the regulator allows the new entities to trade off properly between new investment, renewals, and the price of water?

Tauākī whakaaweawe āhuarangi

Climate impact statement

25.     The discussion paper acknowledges that addressing climate change challenges and ensuring water service resilience is one of the drivers of the overall Three Waters Reform. However, the economic regulation regime is not being considered for these reasons directly.

26.     The proposed economic regulation framework does not have direct impacts on greenhouse gas emissions or climate. However, it should be in the purview of the regulator to ensure consumer expectations are met with regards to environmental and climate outcomes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     Relevant council departments and Council Controlled Organisations have been identified and contributions will be sought from them in developing the council group’s response to the Economic Regulation and Consumer Protection for Three Waters Services in New Zealand discussion paper.

28.     While overall three waters reform will have a direct impact on council and Council Controlled Organisations, economic regulation put in place after that reform will not have any impact on council or remaining Council Controlled Organisations.

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

Local impacts and local board views

29.     Local board views were sought during the development of council’s submission and are included as Attachment C. Local board resolutions will be included as part of council’s submission. 

Tauākī whakaaweawe Māori

Māori impact statement

30.     The overall three waters reform is, in part, to recognise and provide for iwi/Māori rights and interests with a specific focus on service delivery. It is proposed that iwi/Māori will have a greater role in the new Three Waters system, including pathways for enhanced participation by whānau and hapū as these services relate to their Treaty rights and interests.

 

 

 

 

31.     On a price-quality basis, economic regulation of the three waters industry does not directly impact on Māori any differently than other three waters services consumers. However, the overall three waters reform and specific topics within the economic regulation of three waters are likely to be of significant interest. In particular, how treaty obligations are considered, the recognition of water as taonga for Māori, and the overrepresentation of Māori in the group of consumers vulnerable to price shocks.

32.     A workshop with mana whenua is being held on 15 December 2021 and relevant feedback will be included in the final submission.

Ngā ritenga ā-pūtea

Financial implications

33.     The submission can be developed within existing budget provision and as part of business as usual central government advocacy activity.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34.     There is little risk in making a submission on the economic regulation of three waters. Conversely, there is high risk if we do not make a submission. As the work programme progresses, staff can provide further information about the potential impacts on council’s activities

Ngā koringa ā-muri

Next steps

35.      The Minster of Commerce and Consumer Affairs will report back on the outcome of the consultation and will to seek further policy decisions on economic regulation and consumer protection legislation for three waters in April 2022

36.     Legislation to implement these decisions is likely to be introduced in late 2022, with anticipated enactment in mid-to-late 2023

37.     The first regulatory cycle would be from 1 July 2024, which aligns with the ‘go live’ date of the new Water Services Entities

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of MBIE's discussion paper

15

b

Submission on Three Waters economic regulation

19

c

Local Board Feedback

33

      

Ngā kaihaina

Signatories

Author

Shane Martin - Senior Economist

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

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16 December 2021

 

 

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Governing Body

16 December 2021

 

 

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Governing Body

16 December 2021

 

 

Referred from the Audit and Risk Committee - Auckland Council's Health, Safety and Wellbeing (HSW) performance

File No.: CP2021/19024

 

  

 

Te take mō te pūrongo

Purpose of the report

1. To receive the Auckland Council's Health, Safety and Wellbeing (HSW) performance referred by the Audit and Risk Committee.

2.  

Whakarāpopototanga matua

Executive summary

2.       The Audit and Risk Committee considered the Auckland Council's Health, Safety and Wellbeing (HSW) performance at its meeting on 7 December 2021.

3.       The Audit and Risk Committee resolved as follows:

“Resolution number AUD/2021/72

That the Audit and Risk Committee:

a)      note the information in this report and associated health, safety and wellbeing indicators

b)      refer this report to the Governing Body along with any commentary that the committee deems appropriate

c)      forward this report to Local Boards for their information.“

4.       Clause b) of the resolution refers the report to the Governing Body for noting along with any commentary the Audit and Risk Committee feels is appropriate.

5.       The original Auckland Council's Health, Safety and Wellbeing (HSW) performance to the Audit and Risk Committee is appended as Attachment A.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the Auckland Council's Health, Safety and Wellbeing (HSW) performance report (Attachment A of the agenda report) and any commentary from the Audit and Risk Committee

b)      tuhi / note that the report has been provided to all local boards for their information.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report and Attachments to the Audit and Risk Committee meeting of 7 December 2021

71

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

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Governing Body

16 December 2021

 

 

Referred from the Audit and Risk Committee - Enterprise Risk Update - December 2021

File No.: CP2021/19023

 

  

 

Te take mō te pūrongo

Purpose of the report

1.        To receive the Enterprise Risk Update – December 2021 referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.        The Audit and Risk Committee considered the Enterprise Risk Update – December 2021 at its meeting on 7 December 2021.

3.        The Audit and Risk Committee resolved as follows:

“Resolution number AUD/2021/73

That the Audit and Risk Committee:

a)      note the Enterprise Risk Update – December 2021 report

b)      refer the Enterprise Risk Update – December 2021 report to the Governing Body for information.”

4.         Clause b) of the above resolution refers the report to the Governing Body for information.

5.       The original Enterprise Risk Update – December 2021 report to the Audit and Risk Committee is appended as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      riro / receive the Enterprise Risk Update – December 2021 (Attachment A of the agenda report).

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report and Attachments to the Audit and Risk Committee meeting of 7 December 2021

95

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

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Governing Body

16 December 2021

 

 

Referred from the Audit and Risk Committee - Annual Report on the Performance of the Audit and Risk Committee

File No.: CP2021/19280

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the Annual Report on the Performance of the Audit and Risk Committee referred by the Audit and Risk Committee.

Whakarāpopototanga matua

Executive summary

2.       The Audit and Risk Committee considered the Annual Report on the Performance of the Audit and Risk Committee at its meeting on 7 December 2021.

3.       The Audit and Risk Committee resolved as follows:

“Resolution number AUD/2021/77

That the Audit and Risk Committee:

a)      receive this annual report on the Performance of the Audit and Risk Committee

b)      recommend that the chief executive place the report on the next available agenda of the Governing Body.“

4.       Clause b) of the resolution refers the report to the Governing Body.

5.       Following the meeting, the Chairperson requested an additional paragraph to the report as follows under the heading “The Forward Work Programme”:

“The committee notes that it was not possible to meet in person for the second half of 2021 and expresses its appreciation for the professional manner in which staff of Council, the Office of the Auditor General and Audit New Zealand have provided support to the committee and ensured that all deadlines have been met. The committee notes the difficulties for staff in working from their homes for large parts of the year and the extra challenges this has placed on individuals.”

6.       The original Annual Report on the Performance of the Audit and Risk Committee to the Audit and Risk Committee is appended as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the Annual Report on the Performance of the Audit and Risk Committee (Attachment A of the agenda report) with the additional paragraph as noted in paragraph 5 of this agenda report.

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Original Report to the Audit and Risk Committee on 7 December 2021

123

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

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Governing Body

16 December 2021

 

 

Update on Māori representation in local government

File No.: CP2021/19335

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide information that assists members to consider their support for the Royal Commission on Auckland Governance model of Māori representation and give direction to staff on the appropriate next steps.

Whakarāpopototanga matua

Executive summary

2.       At the Joint Governing Body / Independent Māori Statutory Board (IMSB) meeting on 21 June 2021 it was agreed to establish a Joint Group to consider Māori representation models. This was noted by the Governing Body at its meeting on 26 August 2021.  The Joint Group met twice, once in September 2021 and once in November 2021 to consider the work provided by a staff group made up of the IMSB secretariat and council. 

3.       The Joint Group reported back to the Governing Body / IMSB meeting on 6 December 2021, supporting the model for Māori representation on Auckland Council recommended by the Royal Commission on Auckland Governance.

4.       That meeting agreed that the Governing Body (and IMSB) would

“consider supporting the Royal Commission model of Māori representation, enabling further engagement with mana whenua and mātāwaka to receive feedback, and ultimately propose to the Minister of Local Government to implement this model as part of the Auckland Council Act in preparation for the 2022 Local Government elections or if this cannot be achieved then by the 2025 elections”. [JOI/2021/15]

5.       This report provides further detail relating to the Royal Commission model.  Briefly, within the context of a total of twenty-three councillors, the model:

i)       safeguards three Māori seats

ii)       provides that one of these seats is appointed by mana whenua

iii)      provides that two other Māori seats are elected (regardless of Māori population).

6.       The report also indicates that staff intend to undertake further work in the lead up to:

i)       the representation review ahead of the 2025 local election, with a view to implementing council’s position on Māori wards

ii)       exploring the views of mana whenua and mātāwaka on the Royal Commission model and any other model they wish staff to investigate

iii)      further advocacy opportunities for legislative change, subject to the direction given today.

7.       Council staff believe that Minister Mahuta’s letter provided in Attachment A is a clear indication that she is not willing to undertake legislative change under urgency to make it possible for Auckland to have Māori wards in time for the 2022 elections.

8.       Although the Minister has also indicated that she is not willing to consider a ‘bespoke model for Auckland’, staff consider that there are opportunities for advocacy on this issue through the Future of Local Government review that the Minister has instigated and other legislative change mechanisms if the Governing Body wishes to pursue these.  The Governing Body should formally consider its position once consultation with mana whenua and mātāwaka has occurred.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the need to engage with mana whenua and mātāwaka, in order to inform Auckland Council’s future position on Māori representation in local government  

b)      whakaaroaro / consider its support for a model of Māori representation, including the Royal Commission model once all engagement is completed with mana whenua and mātāwaka

b)      whakaae / agree that staff bring a timeline for further work early in 2022.

 

Horopaki

Context

9.       The Governing Body and the Independent Māori Statutory Board (IMSB) are required under the Local Government (Auckland Council) Act 2009 to meet quarterly to discuss the performance by the IMSB of its functions and the performance by Auckland Council of its duties.

10.     The joint meeting on 21 June 2021 agreed to establish a Joint Group to consider Māori representation and report back.  The Joint Group reported back to the Governing Body / IMSB meeting on 6 December 2021.  That meeting agreed that the Governing Body

“would consider supporting the Royal Commission model of Māori representation, enabling further engagement with mana whenua and mātāwaka to receive feedback, and ultimately propose to the Minister of Local Government to implement this model as part of the Auckland Council Act in preparation for the 2022 Local Government elections or if this cannot be achieved then by the 2025 elections”. [JOI/2021/15]

Previous positions of Auckland Council

11.     To date, options presented to the Governing Body by staff have been those that have been legally possible at the time.  The Governing Body has not previously considered the Royal Commission model in any depth, but previous reports have noted it.

12.     In September 2017 the Governing Body considered whether to establish a Māori ward for the 2019 elections.  It resolved:

That the Governing Body:

a)    receive the report and reiterate to government the position adopted by Council in 2015 supporting the need for legislative change to allow Auckland to determine the number of members on the Governing Body and subject to that, agree in principle to establish a Māori ward and request for a consistent policy regarding Māori representation in line with legislation governing the composition of Parliament. [GB/2017/124]

13.     In February 2020 the Governing Body resolved to: 

e)    agree that as there has not been legislative change to allow the Governing Body to review its membership, no further action on the establishment of a Māori ward be taken for the 2022 elections. [GB/2020/11]

14.     At its meeting on 26 August 2021 the Governing Body approved a submission to the Minister’s discussion document “Changes to Māori Ward and Constituency Processes".  That submission contained the statement “Auckland Council believes the provisions for Māori wards should be similar to the provisions for Parliamentary Māori electorates” [GB/2021/98] The council’s responses to most questions in the discussion document were based on this premise.

Recent discussions and the possibility of change

15.     The Royal Commission model has not been considered by the Governing Body previously, primarily because it has not been an option available to the council and so staff have not reported it.  Although this situation has not changed, the Governing Body was asked by the 6 December 2021 meeting of the Joint Governing Body / IMSB, to consider supporting it, consulting on it, and seeking for it to be implemented by the Minister.

16.     If this model was pursued for the 2022 elections, legislation would need to be enacted by mid-April 2022, the same time as determinations by the Local Government Commission.  This would require the passing of legislation under urgency which is a matter for central government.

17.     The Joint Group has met twice to discuss work provided by a working group of staff from the IMSB secretariat and council. The Joint Group considered ways in which to further aspirations for the Royal Commission model to be made possible for Tāmaki Makaurau in time for the 2022 local elections. The co-chairs of the Joint Group wrote to the Minister to assess her willingness to support this legislative change under urgency to achieve this change.  Her reply indicates her current priority is the passing of the proposed Omnibus Bill:

“I am working quickly to deliver the Omnibus Bill in 2022 so that the new Māori ward process is ready for the next term of local government. To ensure that this timeframe can be met, I do not consider that a bespoke Māori representation approach for Auckland Council could be considered as part of this Bill, or a separate, more urgent Bill.”

18.     Council staff believe that the reply from Minister Mahuta is a clear indication that she is not willing to undertake legislative change under urgency to make it possible for Auckland to have Māori wards in time for the 2022 elections. The Omnibus Bill that is referred to in that reply is due to be completed in November 2022 (after the 2022 elections)[1].

19.     Although the Minister has also indicated that she is not willing to consider a bespoke model for Auckland, staff consider that there is room for advocacy on this issue including through the Future of Local Government review that the Minister has instigated and other mechanisms.

20.     Other local government jurisdictions are exploring alternative models of Māori representation at present, and their experiences are important for Auckland Council to take note of and learn from[2].

Tātaritanga me ngā tohutohu

Analysis and advice

Royal Commission model

21.     The Royal Commission on Auckland Governance made extensive enquiry into models for the future governance of Auckland and presented its findings to the Governor General in 2009. Not all of its recommendations were included by the Government in the legislation that established the Auckland Council.

22.     The Royal Commission devoted a complete chapter of its enquiry to Māori representation. The aspects considered in that chapter include:

i)       consultation with Māori

ii)       Māori comprising mana whenua and taura here[3]

iii)      Māori wards / constituencies

23.     The consultation that was conducted by the Royal Commission included:

i)       three hui with the following tribal groups:

·    Ngāti Whātua and Ngāti Wai (jointly)

·    Pare Hauraki

·    Pare Waikato.

ii)       a hui hosted by Te Puni Kōkiri for urban Māori and others not represented at the three mana whenua hui

iii)      discussions with, and submissions from, non-mana whenua Māori groups and their representatives, such as the Te Whānau o Waipareira Trust and the Manukau Urban Māori Authority

iv)      a discussion paper entitled Hei Whakapuaki i te Kōrero, which supplemented the general Call for Submissions document, and outlined some of the key issues for Māori.

24.     The Royal Commission noted the empowering legislation for the Environment Bay of Plenty Regional Council to have Māori seats and that a former Auckland Regional Authority had two dedicated Māori seats for a period of time (1986 – 1989) based on the parliamentary electorates within the region.

25.     The Royal Commission identified three key issues:

i)       the need to recognise and uphold the Treaty of Waitangi

ii)       guaranteed Māori representation

iii)      the issue of whether, and how, there needed to be separate representation of mana whenua and taura here.

26.     The Royal Commission concluded the key reasons for establishing safeguarded Māori seats related to:

i)       the special status of mana whenua of the Auckland region, and their obligations of kaitiakitanga and manākitanga

ii)       the special status of all Māori as partners under the Treaty of Waitangi.

“The Commission does not believe, therefore, that the number of Māori seats on the regional entity should be linked to fluctuations in the number of Māori as a proportion of the total population over time. In fact, having specific, safeguarded seats for Māori may become even more important if the percentage of Māori as a proportion of total population declined over time. In that case, Māori candidates would be even less likely to be voted in as part of the general election process.”

 

27.     The Royal Commission noted that there were different views expressed as to the appropriate level of taura here involvement:

“Many mana whenua groups told the Commission that the obligation of manākitanga requires mana whenua to take non-mana whenua interests into account in their role as ‘hosts’. On this basis, non-mana whenua representation would not be required.

[4]Nonetheless the Commission is cognisant of the article 3 Treaty rights which were guaranteed to all Māori, in addition to those Treaty rights that are specific to mana whenua.

Accordingly, it recommends that one seat on the Auckland Council should be reserved for a representative of mana whenua, and a further two seats for representatives of Māori generally (that is, for both mana whenua and taura here).”

 

28.     The Royal Commission proposed that the mana whenua member would be appointed by a mana whenua forum.  It also noted that some submissions recommended all Māori members were appointed however the Commission preferred election over appointment where this was possible in the interests of transparency and accountability.

29.     The Royal Commission received a number of submissions and, from comments made in their report, submissions from Māori were not necessarily unanimous about all the fine points.  This indicates the need to accept the Royal Commission findings with some caution and the need to re-establish engagement with Māori if the Governing Body wishes to explore this model further.  The agreement made at the 6 December 2021 Joint Governing Body / IMSB meeting included enabling further engagement with mana whenua and mātāwaka to receive feedback”.

30.     The Royal Commission model for Māori representation of one member appointed by mana whenua and two members elected is within the overall model recommended by them of a total of 23 councillors, with three of these elected at large and others by ward.  This means that those on the Māori electoral roll would be able to elect the three at-large members as well as the Māori ward members.

Māori ward model (Parliamentary Model)

31.     The Māori ward model is the only model currently available under existing legislation.  It provides for members to be elected from a Māori ward where the number of members so elected is determined by a formula in the Local Electoral Act 2001 and relies on a definition of Māori Electoral Population (MEP) in the Electoral Act 1993 which is also used for Parliamentary electoral purposes.

32.     The definition of MEP takes the number of people of Māori descent and reduces this by multiplying it with the ratio of those who have chosen to go on to the Māori electoral roll.

33.     The number of members elected from a Māori ward is obtained by multiplying the total number of councillors by the ratio of the MEP to the total electoral population.

34.     For Auckland this means:

Number of Governing Body councillors

Members elected by Māori ward

20

1.34 = 1

21

1.40 = 1

22

1.47 = 1

23

1.54 = 2

24

1.61 = 2

25

1.67 = 2

26

1.74 = 2

27

1.81 = 2

28

1.87 = 2

29

1.94 = 2

30

2.01 = 2

 

 

35.     If a council does not establish a Māori ward, its wards are based on the ordinarily resident population.  The number on the electoral roll is not taken into account.  It is understood that making the Māori electoral population dependent on the number on the Māori roll is so that Māori themselves determine the size of their representation.  However, this does have the effect for Auckland of decreasing Māori representation in proportion to the size of the Māori population.  Māori comprise 12 per cent of Auckland’s population.  If the number of people of Māori descent was used (without taking the number on the electoral roll into account) then the number of members that could be elected from a Māori ward in Auckland would be two members if the total number of councillors was 20 and three members if the total number of councillors was 21 or more.

36.     The Minister promoted amending legislation under urgency earlier this year which removed the provisions for holding polls.  That amending legislation gave councils until 21 May 2021 to resolve to establish Māori wards.  Councils which have made such resolutions are now completing their representation reviews.

Comparison of Royal Commission and Māori ward models

37.     The Royal Commission model safeguards the Māori seats and does not make them dependent on population or electoral roll numbers (though only those on the Māori roll may vote for Māori representatives).  The process for determining Māori wards and the frequency of such decisions are subjects being addressed in the Omnibus Bill that is currently being drafted.  The council has made a submission on the discussion document.

38.     Putting aside safeguarding the seats, if Auckland Council had the same number of councillors as envisaged by the Royal Commission, twenty-three (but all ward councillors), Auckland would be entitled to two members elected by Māori ward.  In that sense, the Royal Commission model simply adds one mana whenua appointment.

39.     The Royal Commission strongly recommended a need to have mana whenua representation for Auckland Council.  A mana whenua seat/voice will provide for matters impacting local iwi wāhi tapu, local waterways, other taonga and deep cultural associations to be part of Governing Body decision-making.  Māori ward seats will allow for increased Māori participation at the Governing Body level, but do not necessarily deliver a mandated voice on matters unique to hapū and iwi.

Implementing the Royal Commission model for 2025

40.     If the Governing Body wishes to pursue the Royal Commission model for the 2025 elections, its advocacy options include:

i)       promoting consideration of the Royal Commission model in its submission to the Omnibus Bill in March next year, in time for the 2025 elections, noting that the Minister seems to have ruled it out. 

ii)       considering a local bill which implements the Royal Commission model. This would propose legislation that applied only to Auckland and would not rely on Government promoting a Government Bill.  There are a couple of other councils who have looked at this mechanism.  Environment Canterbury currently has a local bill before Parliament which proposes the appointment of two members by Ngāi Tahu.  Rotorua Lakes Council has found that the formula in the legislation does not produce the outcome it prefers and is considering a local bill.

iii)      promoting the Royal Commission model through the Future of Local Government review.

Committees

41.     For completeness it is noted that the issue being addressed is membership of the Auckland Council Governing Body.  

42.     The IMSB appoints two members to most Governing Body committees.  However the Governing Body itself has no guaranteed Māori representation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

43.     A decision about Māori representation does not in itself impact on climate. Having a Māori world view contributing to decision-making would have a beneficial impact.

44.     The Māori world view (te ao Māori) acknowledges the interconnectedness and interrelationship of all living and non-living things and provides a holistic approach to understanding the total system. In addition, there are the principles of kaitiakitanga (guardianship of the land) and the intergenerational duty to restore and increase the mauri (life force, vitality) of land and water, and to nurture the reciprocal relationship between tangata (people) and the whenua (land).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

45.     This matter affects the composition of the Governing Body and does not impact the group.

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

Local impacts and local board views

46.     The initial focus of the Independent Māori Statutory Board is on Māori representation on the Governing Body. Some local boards have also expressed an interest in having Māori representation.

47.     Staff intend to further this work, and if the Governing Body gave direction on carrying this forward, this would need to be included in future submissions for legislative change as there is currently no local board equivalent of a Māori ward.

Tauākī whakaaweawe Māori

Māori impact statement

48.     The Independent Māori Statutory Boards’ Schedule of Issues of Significance to Māori in Tāmaki Makaurau recognises that increasing Māori representation is a priority action for enhancing Māori leadership and participation in local government decision making. The Issues of Significance advocates for council to ensure that Māori are enabled to contribute to the long-term future of Auckland actively and meaningfully through representation on council.

49.     The implementation of Māori wards in Tāmaki Makaurau is an integral mechanism to ensure that Māori can meaningfully contribute to the governance of Tāmaki Makaurau. Staff are motivated to ensure that consultation with mana whenua and mātāwaka is reflective of the significance of this opportunity and aligned with the council’s treaty-based relationships.

50.     Auckland Council’s charter includes a commitment to treaty-based partnership and mechanisms for council to consider in honouring Te Tiriti o Waitangi. This includes a commitment to provide for effective Māori contribution within council decision making processes. The implementation of Māori wards is an important recognition of the Te Tirti partnership.

51.     Kia ora Tāmaki Makaurau – the Council’s Māori Outcomes Performance Measurement Framework guides council’s work with Māori in Tāmaki Makaurau. The framework includes Kia Ora Te Hononga – Improving Māori Participation as an outcome area. The implementation of Māori wards is a central mechanism in delivering on the aspiration of the framework in strengthening Māori participation in local government.

52.     Māori electors have the option to be on either the Māori electoral roll or the general electoral roll. Those on the Māori electoral roll can vote for Māori ward candidates and those on the general roll can vote for general ward candidates.

53.     As noted above, any model involving election cannot guarantee mana whenua representation. It is important to consult mana whenua about the best model for Auckland.

 

 

Ngā ritenga ā-pūtea

Financial implications

54.     Provision has been made in the 2021/2022 budget for this mahi. Once staff have drafted a forward work programme to implement the direction of this meeting, it may be necessary to roll forward any unspent budget into the next financial year.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

55.     An initial and high level risk assessment is provided below.

Risks

Mitigations

a.   Missing opportunities to achieve change through submission to the Omnibus Bill and the Future for Local Government review

 

Ensuring adequate opportunity for members to consider a submission on the Omnibus Bill to the select committee next March and input into the Future for Local Government Review

b.   Not consulting sufficiently with Māori and mana whenua, with the effect that the council promulgates changes that are not supported

Staff working with Ngā Mātārae and the Strategic Relationships and Participation team to consult with Māori.

 

 

Ngā koringa ā-muri

Next steps

56.     Staff are currently drafting a work programme for the consultation needed with mana whenua and mātāwaka.  It will also include the potential advocacy avenues if the Governing Body gives direction to continue exploring representation models that are alternative to the existing model, including representation of Māori at the local board level.  Staff intend to bring that work programme back for endorsement early in 2022 after having tested the feasibility of these matters.

57.     This work programme will be drafted to be undertaken in the lead up to:

i)       implementing the representation review ahead of the 2025 local election

ii)       exploring the views of mana whenua and mātāwaka on the Royal Commission model and any other model they wish staff to investigate

iii)      further advocacy opportunities for legislative change.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Response from Minister Mahuta on questions posed by the Joint Group

139

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

PDF Creator

PDF Creator


Governing Body

16 December 2021

 

 

Auckland Light Rail (Covering report)

File No.: CP2021/19674

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider Auckland Council’s involvement in any next steps on the Auckland Light Rail project.

Whakarāpopototanga matua

Executive summary

2.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 16 December 2021 Governing Body meeting.

Ngā tūtohunga

Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 

 

 


Governing Body

16 December 2021

 

 

Forward Work Programmes of Committees of the Governing Body

File No.: CP2021/19232

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To whakarato / provide oversight of the forward work programmes of all committees of the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Under the terms of reference, the Governing Body retains the responsibility for oversight of work programmes of all committees.

3.       All committees of the Governing Body have approved forward work programmes which are reviewed on a six-monthly basis.

4.       At the 28 October 2021 meeting of Governing Body, it was agreed that an update would be provided to the December 2021 meeting.  This report provides that update.

5.       Following this meeting, the next report to the Governing Body, for oversight of the committee forward work programmes, is scheduled for April 2022.

6.       To view the approved and updated forward work programmes, click on the name of the committee to access the most recent version:

Committees of the Whole

Reporting and Other Committees

Environment and Climate Change

Appointments and Performance Review

Finance and Performance

Auckland Domain (Joint Committee)

Parks, Arts, Community and Events

Audit and Risk

Planning

Civil Defence and Emergency Management

 

Council Controlled Organisation Oversight

 

Regulatory

 

Strategic Procurement

 

7.       Notes for the table:

i)       Auckland Domain Committee will meet again in 2022. Their reviewed forward work programme will be submitted at the April 2022 Governing Body meeting.

8.       Tuhi / note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the relevant chair of the committee.


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the approved and updated forward work programmes for all committees of the Governing Body.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 16 December 2021

File No.: CP2021/16840

 

  

 

Te take mō te pūrongo

Purpose of the report

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

2.       To riro / receive a summary and provide a public record of memoranda, workshop and briefing papers that may have been held or been distributed to Governing Body members.

Whakarāpopototanga matua

Executive summary

3.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/workshops and briefings or other means, where no decisions are required.

4.       The following memoranda/information have been sent:

Date

Memorandum

10.12.21

Notice of motion in Relation to Support for opening the Harbour Bridge for a seasonal three-month trial of events, cycling and walking – Kaipātiki Local Board Decision

10.12.21

Notice of Motion – Onewa Road Camera Poles – Kaipātiki Local Board Decision

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

24.11.21

Workshop – Three Waters Reform CONFIDENTIAL

15.12.21

Workshop – Three Waters Reform CONFIDENTIAL

 

6.       These documents can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

7.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / 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 – 16 December 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

147

b

Notice of motion in Relation to Support for opening the Harbour Bridge for a seasonal three-month trial of events, cycling and walking – Kaipātiki Local Board Decision (Under Separate Cover)

 

c

Notice of Motion – Onewa Road Camera Poles – Kaipātiki Local Board Decision (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Autho

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

 

Tira Kāwana / Governing Body
Forward Work Programme 2021

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

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

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

Progress to date:

Setting the Chief Executives 2020/2021 performance objectives – Open Process Report 26 November 2020
Link to decision

Update Report on workforce and full-time equivalents CONFIDENTIAL 25 March 2021

Chief Executives Performance Objectives for FY22-24 CONFIDENTIAL 24 June 2021 released 29 July 2021
Link to decision

Decisions made at the Appointments and Performance Review Committee CONFIDENTIAL 28 September 2021
Link to decision / restatement
Link to released report and attachments

 

 

 

 

 

 

 

 

 

New Objectives

 

 

Review FY21/22

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

 

Progress to date:

Appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

Report on shareholder approval of major transaction 27 August 2020
Link to decision

Report on Targeted Hardship Fund for C3 Works CONFIDENTIAL 26 August 2021

 

 

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

Progress to date:

Mayoral Proposal Items for Consultation 8 December 2021
Link to decision

Kerbside Refuse Charging Policy Review 8 December 2021
Link to decision

Other Rates and Fees Issues 8 December 2021
Link to decision

Rating of Whenua Maori Changes to Financial Policies
8 December 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Consultation Material

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decision to note that all committee have adopted a forward work programme

 

Progress to date:

Report noting all committee forward work programmes
28 October 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Update

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

Terms of Reference amended to include the Emergency Committee March 2020
Link to decision

Change to membership of Appointments and Performance Review Committee 24 June 2021
Link to decision

 

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

Change for Attendance by Electronic Link 25 June 2020
Link to decision

 

As and when required

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

Progress to date:

Report for December 2020 8 December 2020
Link to decision

Report for March 2021 25 March 2021
Link to decision

Report for May 2021 27 May 2021
Link to decision

Report for September 2021 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

The Auckland Council conducted a Hauora (Wellbeing) review for its staff in early 2021.

Decisions and reporting as and when required.

 

Progress to date:

Initial review report 27 May 2021
Link to decision

Update Report 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

Progress to Date:

Enterprise Risk Update – February 2021 25 March 2021
Link to decision

Enterprise Risk Update – May 2021 27 May 2021
Link to decision

Enterprise Risk Update – September 2021 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

 

As and when required

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

 

Progress to Date:

Report on decision-making responsibilities for local services and local community services funding 28 October 2021
Link to decision

 

As and when required

National Three Waters Programme

The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals.

Decision to opt in to the first stage of the national three waters reform programmes

 

Progress to Date:

Report and decision on opt-in 27 August 2020
Link to decision

Feedback on Governments Reform proposal 23 September 2021
Link to decision

 

 

 

 

 

 

 

Initial Stage

 

 

 

 

 

 

Independent Review of Health and Safety at Port of Auckland

On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland

The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.

Decision to agree Terms of Reference.

Consider independent review.

Ports of Auckland Limited will present progress to implement the CHASNZ report recommendations in July and October 2021.

 

Progress to Date:

Report to agree Terms of Reference for the review 24 September 2020
Link to decision

Workshop held 12 April 2021

Final Report 29 April 2021
Link to decision

Progress with implementation 29 July 2021
Link to decision

Progress update on implementation POAL report
28 October 2021
Link to decision

Progress update on implementation CHASNZ report
28 October 2021
Link to decision

Note:   Further reporting will now be to the CCO Oversight Committee

 

 

 

 

           

 

 

 

 

 

Report from POAL

 

 

Report from POAL

 

 

BYLAWS

Animal Management Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to date:

Approve Statement of Proposal 27 May 2021
Link to decision

Panel Report and Recommendation - Adoption of Bylaw   25 November 2021
Link to decision

 

 

 

 

 

Statement of Proposal

 

 

 

 

 

Recommendation

 

Freedom Camping in Vehicles

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

Approve Statement of Proposal 23 September 2021
Link to decision

 

 

 

Direction

 

Options

 

 

 

Statement of Proposal

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve Statement of Proposal 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

Statement of Proposal

 

 

 

Stormwater Bylaw

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

Statement of Proposal

 

 

 

 

Trading, Events and Filming Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 27 May 2021
Link to decision

Panel Report and Recommendation – Adoption of Bylaw  25 November 2021
Link to decision

 

 

 

 

 

 

Statement of Proposal

 

 

 

 

Recommendation

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

Water Supply and Wastewater Network Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 25 February 2021
Link to decision

Panel Report and Recommendation – Adoption of Bylaw  25 November 2021
Link to decision

 

 

Statement of Proposal

 

 

 

 

 

 

 

 

Recommendation

 

 


 

Completed

Area of work

Committee role

(decision and/or direction)

Decision

 

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

Appointment of councillor representatives February 2020 Link to decision

 

Local government elections

Evaluation of 2019 election and preparation for 2022 election

Consider evaluation report of 2019 election

Decision on submission to Justice Select Committee Inquiry into 2019 election

Decision on voting system for the 2022 election and whether to establish Māori wards

Decision on evaluation and Māori wards February 2020 Link to decision

Decision on submission in Inquiry into 2019 election February 2020 Link to decision

 

 

Emergency Budget/ Annual Budget (Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Emergency Budget

 

Decision on Emergency Budget and consultation given COVID-19 – 16 April 2020 in confidential and released on 7 May 2020 Link to decision

Decisions on Emergency Budget and consultation 14 May 2020 Confidential
Link to decision 21 May 2020 released 25 June 2020
Link to decision 28 May 2020 released 25 June 2020

Decisions on Emergency Budget feedback Link to decision 16 July 2020

Final adoption of Emergency Budget Link to decision 30 July 2020

 

Elected members expense policy

Responsibility to adopt expense policy rules for Remuneration Authority approval

Adoption of policy 30 July 2020 Link to decision

 

Appointment of Chief Executive

Statutory requirement

Decision to appoint a new chief executive June 2020 in confidential

Chief Executive appointed July 2020 Link to announcement

 

Water Strategy

Monitoring drought situation.

 

Update from Watercare 25 June 2020 Link to decision

Update on water matters from Auckland Council 25 June 2020 Link to decision

Drought Restrictions Summer 2020/2021 24 September 2020 Link to decision

Review of Drought Restrictions for the 2020/2021 summer season 26 November 2020 Link to decision

Going forward this subject will be dealt with at the Environment and Climate Change Committee.

 

Review of Code of Conduct

Decision to adopt new Elected Members Code of Conduct

Scope of the Review Report 26 November 2020 Link to decision

Final report for adoption 25 May 2021 Link to decision

 

 

Decision-making Responsibilities of the Governing Body and Local Board

Decision to approve the policy and confirm any changes.

 

Report to approve 24 June 2021 Link to decision

 

Recovery Budget (10-year Budget 2021-2031)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt the 10-year Budget (Long-term Plan)

 

Various workshops being held January 2021 – June 2021

Agree items for consultation 9 December 2020 Link to decision

Agree other items for consultation 9 December 2020 Link to decision

 

Agree changes to urban rating and rating of farm and lifestyle properties for consultation 9 December 2020 Link to decision

Agree other Rates and Fees Issues for consultation 9 December 2020 Link to decision

Agree to consult on Paremoremo Public Transport Targeted Rate 18 February 2021
Link to decision

Agree to consult on amendments to the Revenue and Financing Policy 18 February 2021
Link to decision

Adopt consultation material 18 February 2021 Link to decision

Adopt Communications and Engagement Plan 18 February 2021 Link to decision

Agree Recovery Budget Mayor’s Final Proposal 25 May 2021 Link to decision

Agree Recovery Budget:  Other Proposals 25 May 2021 Link to decision

Agree Changes to the Urban Rating Area and Rating of Farm and Lifestyle Properties within the Urban Rating Area 25 May 2021 Link to decision

Agree Other Rates and Fees Issues for the Recovery Budget 25 May 20217 Link to decision

Independent Maori Statutory Board Funding Agreement 24 June 2021 Link to decision

Adoption of Revenue and Financing Policy 29 June 2021 Link to decision

Adoption of the Recovery Budget (10-year Budget 2021-2031) 29 June 2021 Link to decision

Rates Setting 2021-2022 29 June 2021 Link to decision

 

Group Remuneration Policy

Decision to approve the policy.

 

Report to approve policy 24 June 2021 Link to decision

 

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Decision to adopt Operations Plan and summary

 

Tango (adopt) DRAFT Operational Plan and Summary for consultation 9 December 2020
Link to decision

Report to agree to Operational Plan and include in the Recovery Budget (10-year Budget) 29 Jun 2021 Link to decision

 

Annual Report

Decision to adopt the Annual Report

Adoption 27 September 2021 Link to decision

 

Maori Outcomes Performance Measurement Framework

Decision to agree to finalise the framework.

This was reported to Parks, Arts, Community and Events Committee 8 July 2021 Link to decision

 

BYLAWS

Food Safety Information Bylaw Review

 

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Adoption of Food Safety Information Bylaw Review 30 April 2020 Link to decision

 

Cemeteries and Crematoria Bylaw 2014

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

Approve panel recommendations and adopt amended bylaw 25 February 2021 Link to decision

 

 

Alcohol Control Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

Final decision report 29 April 2021 Link to decision

 

Navigation Safety Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Approve statement of proposal 29 October 2020 Link to decision

Bylaw Panel Report to adopt bylaw 24 June 2021 Link to decision

 

 

Construction Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

Wharves Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

 

 


 

Tira Kāwana / Governing Body
Forward Work Programme 2022

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

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 2022

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

 

Progress to date:

Appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

Report on shareholder approval of major transaction 27 August 2020
Link to decision

Report on Targeted Hardship Fund for C3 Works CONFIDENTIAL 26 August 2021

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

Progress to date:

Mayoral Proposal Items for Consultation 8 December 2021
Link to decision

Kerbside Refuse Charging Policy Review 8 December 2021
Link to decision

Other Rates and Fees Issues 8 December 2021
Link to decision

Rating of Whenua Maori Changes to Financial Policies
8 December 2021
Link to decision

 

 

Consultation Material

 

 

 

Adoption

 

 

 

 

 

 

Annual Report

Statutory requirement

Decision to adopt the Annual Report

 

 

 

 

 

 

 

 

Adoption

 

 

 

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decision to note that all committee have adopted a forward work programme

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

Terms of Reference amended to include the Emergency Committee March 2020
Link to decision

Change to membership of Appointments and Performance Review Committee 24 June 2021
Link to decision

 

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

Change for Attendance by Electronic Link 25 June 2020
Link to decision

 

 

As and when required

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

The Auckland Council conducted a Hauora (Wellbeing) review for its staff in early 2021.

Decisions and reporting as and when required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

 

 

As and when required

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

 

As and when required

BYLAWS

Freedom Camping in Vehicles

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

 

 

 

Direction

 

Options

 

 

 

 

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Stormwater Bylaw

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Governing Body

16 December 2021

 

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2021/19499

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.

3.       Some decisions released here may be for committees other than the Governing Body due to those committees having already held their last meeting for 2020.

4.       The following decisions/documents are now publicly available:

Date of Decision

Subject

15/6/21

Appointments and Performance Review Committee

Consideration of reappointments for directors of Auckland Council Controlled Organisations

15/6/21

Appointments and Performance Review Committee

Reappointment of directors to Community Education Trust Auckland and Māngere Mountain Education Trust

3/8/21

Appointments and Performance Review Committee

Appointments to the Contemporary Arts Foundation

31/8/21

Appointments and Performance Review Committee

Appointment of Deputy Chair to the board of Eke Panuku

31/8/21

Appointments and Performance Review Committee

Board appointments to the Museum of Transport and Technology

23/9/21

Governing Body

Appointment of Conduct Commissioners

28/9/21

Appointments and Performance Review Committee

Appointment of a Director to the board of Auckland Transport

28/9/21

Appointments and Performance Review Committee

Appointments to the Auckland War Memorial Museum Board

2/11/21

Appointments and Performance Review Committee

Board intern programme appointments for 2022-2023

2/12/21

Environment and Climate Change Committee

Allocation of the 2021/2022 Waste Minimisation and Innovation Fund

A list of recipients is available on the Auckland Council website:  https://www.aucklandcouncil.govt.nz/grants-community-support-housing/grants/regional-grants/docswasteminimisationfund/wmif-august-2021-recipients.pdf

 

5.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the confidential decision and related information that is now publicly available:

i)       Consideration of reappointments for directors of Auckland Council Controlled Organisations

ii)       Reappointment of directors to Community Education Trust Auckland and Māngere Mountain Education Trust

iii)      Appointments to the Contemporary Arts Foundation

iv)      Appointment of Deputy Chair to the board of Eke Panuku

v)      Board appointments to the Museum of Transport and Technology

vi)      Appointment of Conduct Commissioners

vii)     Appointment of a Director to the board of Auckland Transport

viii)    Appointments to the Auckland War Memorial Museum Board

ix)      Board intern programme appointments for 2022-2023

x)      Allocation of the 2021/2022 Waste Minimisation and Innovation Fund

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of confidential information released

165

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

16 December 2021

 

 

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Governing Body

16 December 2021

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

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:  Recommendation from the Appointments and Performance Review Committee – Chief Executive Remuneration Review

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.

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 Governing Body will discuss the performance and remuneration of the Chief Executive.

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.

 



[1] https://www.dia.govt.nz/diawebsite.nsf/Files/Maori-wards-consultation/$file/Public-consultation-on-changes-to-Māori-ward-and-Māori-constituency-processes-Cabinet-paper-and-related-minute.pdf

[2] https://legislation.govt.nz/bill/local/2021/0091/latest/LMS578055.html

   https://www.rnz.co.nz/news/ldr/456067/councillors-asked-to-rethink-single-maori-ward-in-rotorua

[3] Taura here’ is the term used by the Commission for non-mana whenua Māori, or urban Māori.

[4] Ibid, paras 22.69 – 22.71