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.
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
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That the Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 23 June 2022, including the
confidential section and the extraordinary minutes of its meeting, held on
Wednesday, 29 June 2022, as a true and correct record.
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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.”
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Governing Body
28 July 2022
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Climate
Action Targeted Rate - proposed governance framework
File No.: CP2022/09955
Te take mō te
pūrongo
Purpose of the report
1. To establish a governance structure for monitoring and reviewing the
implementation of Climate Action Targeted Rate funded programmes and projects.
Whakarāpopototanga matua
Executive summary
2. On
7 June 2022, the Governing Body (GB/2022/45) agreed to the Climate
Action Targeted Rate (CATR) as part of Annual Budget 2022/2023, which provides
10 years of funding for climate action in Tāmaki Makaurau.
3. The
purpose of the CATR is to lay the foundation to increase funding for climate
action to reduce emissions, enable further reductions in the future, and to
prepare for the impacts of climate change, with an immediate focus on enhancing
low carbon transport options and greening our neighbourhoods. Four assessment
criteria act as the principles of the CATR; High impact, Wide
regional benefits, Address inequity, and Can be started fast, and
were used to assess the three components of the CATR: Public Transport, Active
Network and Urban Ngahere.
4. The
CATR programmes play an important role as an initial dedicated fund for climate
action in Tāmaki Makaurau
and its implementation and outcomes are expected to be of significant public
interest. Given this, a high level of oversight and transparency, as well as
mechanism for agreeing any significant changes to CATR programmes, is needed.
5. When
the Governing Body approved the CATR, it therefore also agreed that “a political governance and oversight group for the Climate Action
Targeted Rate be established for the duration of the fund to provide direction
in line with the purpose and principles of the targeted rate and to monitor and
report on progress”.
6. This governance and oversight group will have responsibility for
overseeing the overall CATR programme, providing direction on specific
programmes and projects for CATR funding, reviewing and endorsing any
significant changes to programmes, and reviewing overall programme delivery.
The governance group will need to act in accordance with the purposes for which
the rate was established.
7. It is proposed that this governance group consists of the Mayor, the
Deputy Mayor, the chairs of relevant committees and an Independent
Māori Statutory Board (IMSB) member.
8. Given
that CATR programmes and expenditure will be relevant to the business of
several current committees of the whole - Environment and Climate Change,
Planning and Finance and Performance – it is appropriate that the
Governing Body be responsible for approving any future membership of the CATR
governance group.
9. Chief
Sustainability Office and Transport Strategy Unit staff will work with council
staff responsible for the urban ngahere programme and with Auckland Transport
staff on the development of a monitoring and review framework to inform
reporting to the governance group.
Ngā tūtohunga
Recommendation/s
That the Governing Body
a) establish a governance
and oversight group for the duration of the Climate Action Targeted Rate
(CATR), with responsibilities to:
i) provide
direction to, and endorse annual CATR programmes and projects, consistent with
the initial programme included in the 2022/23 Annual Plan and consistent with
the purposes for which the rate was established
ii) review
and endorse any variations from the programmes and projects included in the
annual CATR
iii) receive
progress updates and provide oversight and monitoring of implementation of CATR
programmes and projects
iv) meet at
least bi-annually, and more often if required, to fulfil its governance and
oversight role
v) report
progress on the implementation of CATR programmes and projects, to the
Governing Body on an annual basis.
vi) delegate
authority to the Mayor to endorse, on behalf of the governance group, any
urgent changes to CATR programmes and projects when it is not feasible to
convene a timely governance group meeting.
b) note
that it is not the role of the governance and oversight group to make
operational decisions.
c) agree
the initial membership of the governance and oversight group to consist of the
Mayor, the Deputy Mayor, the Chairs of the Planning; Environment and Climate
Change; and Finance and Performance Committees and an Independent Māori
Statutory Board member, and that membership is updated consistent with any
changes to the committee structure following the 2022 local government elections.
d) agree
that the Chief Sustainability Office and Transport Strategy Unit support the
governance group in its oversight role.
e) review
the CATR governance and oversight arrangements as may be required.
Horopaki
Context
10. On 7
June 2022, the Governing Body (GB/2022/45) agreed to the Climate Action Targeted Rate as part of Annual Budget
2022/2023, which will provide $574 million of additional funding for climate
action in Tāmaki Makaurau
over ten years, supplemented to more than $1 billion through fare revenue and
co-funding from Waka Kotahi and other central government sources.
11. The
Governing Body also agreed that “a political
governance and oversight group for the Climate Action Targeted Rate be
established for the duration of the fund to provide direction in line with the
purpose and principles of the targeted rate and to monitor and report on
progress”.
12. The
purpose of the CATR, as set out in the consultation document, is to:
· increase funding for
climate action to reduce emissions
· lay the foundation to
enable further reductions in the future, and
· prepare for the impacts of
climate change, with an immediate focus on enhancing low carbon transport
options and greening our neighbourhoods.
13. Four
assessment criteria act as the principles of the CATR. The criteria are High
impact, Wide regional benefits, Address inequity, and Can
be started fast, and were used to assess the three components of the CATR:
Public Transport, Active Network and Urban Ngahere.
Tātaritanga me ngā
tohutohu
Analysis and advice
14. The
CATR will play an important role as an initial dedicated fund for climate
action in Tāmaki Makaurau,
in the context of Auckland’s Climate Emergency, Te
Tāruke-ā-Tāwhiri and the draft Transport Emissions Reduction
Pathway (TERP). There is expected to be a high level of public interest in the
progress of CATR spending.
15. CATR
funding will be spent on bus service improvements, ferry fleet decarbonisation,
walking and cycling infrastructure, and urban ngahere.
16. With
regard to the transport components of CATR, typically, once funding for new
projects is approved, Auckland Transport has statutory responsibility for
delivery, in line with the Statement of Intent, Long-Term Plan and other
mechanisms. However, as the first region-wide targeted rate largely allocated
to a Council Controlled Organisation (CCO), there are a number of unique
reasons for additional strategic oversight of these programmes.
17. The
Governing Body therefore considered it appropriate to establish a
‘forum’ for such governance and oversight at its meeting on 7 June
2022. This provides a forum for AT, and council staff responsible for the urban
ngahere programme, to report on the implementation of the agreed programmes and
projects.
18. As
the targeted rate is to be spent over a 10-year period, a level of flexibility
will be needed to respond to changing circumstances and challenges, given that
the transport funding environment is complex and prone to changes. New
complimentary funding opportunities, such as the government’s Climate
Emergency Response Fund (CERF), may arise, as may unanticipated delivery
challenges. Equally, all aspects of the rate fund, such as associated marketing
and engagement programmes, are not fully scoped yet. The governance group will
therefore provide a mechanism for providing direction and endorsing any significant
changes, or further scoping, to the various programmes needed over time.
19. CATR programmes are already authorised through the Annual Plan.
Going forward, any significant changes to the programme would need to be
endorsed by the governance group. This would occur before changes are reflected
in the annual or three-yearly financial plans. This will provide clarity on the elements of the
programme, ensure democratic oversight of how CATR revenue is allocated, and
ensure that any necessary changes are aligned to the purpose - and component
funding allocation - of the CATR.
20. AT and
council staff (urban ngahere) will report to the
governance group at least bi-annually, with additional reporting as may be
required. A reporting framework will be developed that consolidates CATR
reporting from the different funded activities – i.e., urban ngahere,
walking, cycling, bus service improvements, ferry decarbonisation, and
supporting elements such as marketing and minor public transport
infrastructure.
21. Membership
of the governance group will be determined by the Governing Body. It is
proposed that, in the first instance, membership includes the Mayor, the
Deputy Mayor, the Chairs of the Planning; Environment and Climate Change; and
Finance and Performance Committees (because the CATR programme
and expenditure will be relevant to the business of all these committees)
and an IMSB member.
22. It
is recommended that the Mayor be delegated authority to endorse, on behalf of
the governance group, any urgent changes to CATR programmes or projects when it
is not feasible to convene a timely governance group meeting.
23. Auckland
Council’s Chief Sustainability Office and Transport Strategy Unit will
support the oversight role of the governance group.
24. It is noted
that council and AT staff are already working on the implementation of the
(transport related) programme and projects which were included in the agreed
CATR funding package, in anticipation of the governance group being
established.
25. The
governance group will consider matters including, but not limited to:
i) progress
in implementing the various programmes, including ongoing engagement with mana
whenua, mataawaka, and local boards as the programme is delivered
ii) more
detailed descriptions of the specific programmes and projects to be funded,
including marketing and engagement programmes and minor public transport
infrastructure
iii) any
proposed changes to the projects or services included in the CATR programmes,
or the order in which they are implemented
iv) annual
CATR expenditure plans by AT and council departments
v) tracking
of CATR expenditure against annual plans, including in relation to funding from
other sources
vi) progress
on co-funding of the transport elements of the CATR package
vii) a
‘forward look’ at expected delivery milestones over the next 12-18
months
viii) any major risks,
and their associated management and mitigation, associated with the CATR
programmes
ix) a three
year review, aligning with the LTP cycle, of the programmes to ensure it
remains appropriate to council’s climate emergency response, while
remaining consistent with the purpose for which the rate was struck
x) other
matters as determined by the governance group from time to time.
26. The
governance group will not be making operational decisions which are normally
the role of the Auckland Transport Board and executive or council executive.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
27. The
recommendations related to the establishment of a governance group to oversee
the CATR have no direct climate impacts. The governance group, as well as the
process for developing a monitoring and review framework, must ensure that CATR
funding is spent in accordance with the purpose of the rate, which is to
accelerate emission reductions in Tāmaki Makaurau in a way that enhances
equity.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. The urban
ngahere component of the CATR will be delivered by Auckland Council’s
Customer and Community Facilities division.
29. The transport
related components of the CATR will be delivered by Auckland Transport. The
Auckland Transport Board has statutory responsibility for
delivery of CATR programmes. The Regional Transport Committee has
responsibility for developing the Regional Land Transport Plan, which will
incorporate CATR funded programmes.
30. Though CATR programmes are already authorised through the Annual Plan, the
formation of the governance group provides a way of ensuring agreement
and clarity over any changes to urban ngahere and transport related CATR
programmes that might be needed over time.
31. Auckland
Council staff will work with AT staff in developing a monitoring and review
framework to inform reporting to the governance group.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
32. Consultation
on the Annual Budget 2022/2023 showed overwhelming support for the CATR from
local boards as well as individuals.
33. The
governance and monitoring and review process will need to provide for
engagement with local boards on the implementation of CATR initiatives and any
changes to its programmes over the 10-year life of the targeted rate.
Tauākī whakaaweawe
Māori
Māori impact statement
34. The CATR will
provide funding for programmes and projects that give effect to Te
Tāruke-ā-Tāwhiri and the draft TERP. Mana whenua and mataawaka
have been involved throughout the development of both plans.
35. The Mana
Whenua Kaitiaki Forum played a lead role in the development of Te
Tāruke-ā-Tāwhiri by guiding the climate change response in the
plan from the perspective of Te Ao Māori. The actions in the plan have
been identified in partnership with expert groups advising Council on climate
change issues for Māori.
36. Both the Tāmaki Makaurau Mana Whenua Forum and the
Independent Māori Statutory Board (IMSB) are represented in the Transport
Emissions Reference Group that provides oversight and direction on the
development of the TERP. Staff have had workshops with mana whenua and the Tāmaki Makaurau
Mana Whenua Forum on the TERP and implementation
solutions that will support Māori in Tāmaki Makaurau to transition to
low carbon travel. Staff have also engaged with mataawaka for input on the
TERP. The CATR will help accelerate delivery of a range of actions from the
TERP.
37. Some of the
key feedback themes received through engagement processes such as Te
Tāruke-ā-Tāwhiri, CATR and TERP, include support for strong
partnership with Māori, the importance of equity of outcomes, the
complexity of Māori travel patterns, and the need to resource and enable
Māori-led responses to climate change. These themes align well with the
purpose of the CATR and its investment programme.
38. The IMSB will
provide oversight and direction on the CATR through its representation on the
governance group. The proposed CATR monitoring and review framework will
provide a view of ongoing engagement with mana whenua and mataawaka on
programmes and specific projects as CATR is implemented.
Ngā ritenga ā-pūtea
Financial implications
39. There
are no direct financial implications for the recommendations on establishing a
governance group to oversee the CATR.
40. The
governance group will maintain oversight over the whole CATR programme,
including the phasing and timing of specific programmes and projects over the
duration of the rate.
41. Revenue and
expenditure will be monitored and reported to the governance group to ensure it
is allocated in accordance with the purpose and criteria set out in the CATR
consultation material.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
42. The
recommendations of this report are intended to provide transparency and
accountability around the use of CATR revenue for the duration of the targeted
rate over the years 2022/23 to 2031/32 inclusive.
43. There are no
specific risks associated with the establishment of a governance group. One of
its responsibilities will be to provide direction on the identification and
management of strategic risks which may emerge as the CATR programme is
implemented.
Ngā koringa ā-muri
Next steps
44. If this
report’s recommendations are adopted, meetings of the governance group
will be scheduled at least twice each year. The governance group will need to
meet in the near future, possibly in August 2022, to provide early confirmation
of the initial tranche of CATR funded improvements, along with plans for
implementation of CATR programmes and projects which are already underway for
the 2022/23 financial year.
45. Council staff
will work with AT staff on the development of a monitoring and review framework
to give consistency to the governance group’s deliberations over the
course of the CATR funding period.
Ngā tāpirihanga
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
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Authors
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Anthony Cross - Principal Transport Advisor
Robert Simpson - Manager Transport Strategy
Lisa Bloss - Transport Advisor
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Authorisers
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Jacques Victor – General Manager Auckland Plan
Strategy and Research
Jim Stabback - Chief Executive
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