Tira Kāwana / Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 29 September 2022 at 10.02am.

 

present

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

From 10.36am, Item 15

 

Cr Dr Cathy Casey

Via electronic link

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

Via electronic link

From 10.36am, Item15

Until 11.31am

 

Cr Angela Dalton

 

 

Cr Chris Darby

From 10.05am, Item 1

 

Cr Alf Filipaina, MNZM

 

 

Cr Shane Henderson

 

 

Cr Richard Hills

 

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

Via electronic link

 

Cr Greg Sayers

Via electronic link

 

Cr Desley Simpson, JP

 

 

Cr Wayne Walker

Via electronic link

until 11.31am

 

Cr John Watson

Via electronic link

 

Cr Paul Young

 

 

ABSENT

 

 

Cr Christine Fletcher, QSO

 

 

Cr Sharon Stewart, QSM

 

 

 


Governing Body

29 September 2022

 

 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

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

 

Member

Member

Mayor P Goff

ü

Cr S Henderson

ü

Deputy Mayor BC Cashmore

ü

Cr R Hills

ü

Cr J Bartley

 

Cr T Mulholland

ü

Cr C Casey

ü

Cr D Newman

ü

Cr E Collins

ü

Cr G Sayers

ü

Cr P Coom

ü

Cr D Simpson

ü

Cr L Cooper - apology

 

Cr S Stewart

 

Cr A Dalton

ü

Cr W Walker

ü

Cr C Darby

 

Cr J Watson

ü

Cr A Filipaina

ü

Cr P Young

ü

Cr C Fletcher - apology

 

 

 

 

 

Cr C Darby entered the meeting at 10.05 am.

 

2          Apologies

 

Resolution number GB/2022/86

MOVED by Mayor P Goff, seconded by Cr A Filipaina:  

That the Governing Body:

a)          accept the apologies from:

Absence

Cr C Fletcher

Cr L Cooper

Cr S Stewart

Lateness

Cr J Bartley

CARRIED

Note:   Subsequently, Cr L Cooper joined the meeting at 10.46am until 11.31am.

 


 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number GB/2022/87

MOVED by Cr P Young, seconded by Cr D Simpson:  

That the Governing Body:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 25 August 2022, including the confidential section, as a true and correct record.

CARRIED

 

 

5          Petitions

 

There were no petitions.

 

 

6          Public Input

 

There was no public input.

 

 

7          Local Board Input

 

There was no local board input.

 

 

8          Extraordinary Business

 

There was no extraordinary business.

 

 

9

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

 

Note:   changes were made to the original recommendation, adding new clause b), as a chairperson’s recommendation.

 

Resolution number GB/2022/88

MOVED by Cr D Newman, seconded by Deputy Mayor BC Cashmore:  

That the Governing Body:

a)          tuhi ā-taipitopito / note the Annual Report on the Performance of the Audit and Risk Committee (Attachment A of the agenda report)

b)         whakamihi / thank independent Audit and Risk Committee members Sue Sheldon, Paul Condor and Bruce Robertson for their contribution to the effective performance of the committee over the last six and eight years respectively.

CARRIED

 

10

Preparation of the draft Auckland Council Annual Report 2021/2022 and the draft Auckland Council Summary Annual Report 2021/2022

 

Resolution number GB/2022/89

MOVED by Cr D Simpson, seconded by Cr D Newman:  

That the Governing Body:

a)      tuhi ā-taipitopito / note the confirmation by the Audit and Risk Committee that the audit process, in respect of the draft Auckland Council Annual Report 2021/2022 and the draft Auckland Council Summary Annual Report 2021/2022, has been completed satisfactorily and recommended them for adoption by the Governing Body

b)      tuhi ā-taipitopito / note the Finance and Performance Committee reviewed and confirmed that the draft Auckland Council Annual Report 2021/2022 and the draft Auckland Council Summary Annual Report 2021/2022 fairly reflect the financial and operating performance of the group and recommended them for adoption by the Governing Body

c)      tuhi ā-taipitopito / note the draft Auckland Council Annual Report 2021/2022 and the draft Auckland Council Summary Annual Report 2021/2022 will be discussed in the confidential section of this meeting.

CARRIED UNANIMOUSLY

 

 

 

11

Process for making external member appointments to the Audit and Risk Committee

 

Resolution number GB/2022/90

MOVED by Cr S Henderson, seconded by Deputy Mayor BC Cashmore:  

That the Governing Body:

a)      tuhi ā-taipitopito / note the information about the recruitment processes contained in this report

b)      tuhi ā-taipitopito / note that a report in the confidential section of the agenda seeks decisions regarding appointment and tenure of external members to the Audit and Risk Committee

c)      tuhi ā-taipitopito / note that this report is confidential due to the personal information that it contains.

CARRIED

 

 

 

12

Auckland Large-Scale Project Areas Housing Acceleration Fund Memorandum of Understanding

 

Resolution number GB/2022/91

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

That the Governing Body:

a)      tuhi ā-taipitopito / note the information contained in this report.

CARRIED

 

 

 

 

 

13

Summary of Governing Body and Committee information memoranda and briefings - 29 September 2022 including the Governing Body Forward Work Programme

 

An additional memorandum for the Planning Committee entitled “Auckland Unitary Plan Monitoring Update – Reporting on Findings” had been circulated prior to the meeting.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Resolution number GB/2022/92

MOVED by Cr D Simpson, seconded by Cr E Collins:  

That the Governing Body:

a)      tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report

b)      whiwhi / receive the Summary of Governing Body and other committee information memoranda and briefings – 26 September 2019.

CARRIED

 

Attachments

a     29 September 2022, Governing Body:  Item 13 - Summary of Governing Body and Committee information memoranda and briefings - 29 September 2022 including the Governing Body Forward Work Programme, Memorandum to Planning Committee

 

 

 

14

Summary of Confidential Decisions and related information released into Open

 

Resolution number GB/2022/93

MOVED by Cr T Mulholland, seconded by Cr P Coom:  

That the Governing Body:

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

i)       Appointments to the board of the Museum of Transport and Technology

ii)      Appointment to the Tātaki Auckland Unlimited Board

iii)     Appointment to the Auckland Regional Amenities Funding Board.

CARRIED

 

 


 

 

 

15

Valedictory Speeches

 

His Worship the Mayor gave a tribute for Cr Cathy Casey as she prepared to finish her tenure of public service.

Deputy Mayor Bill Cashmore gave a speech accompanied by a PowerPoint presentation.  A copy has been place on the official minutes and is available on the Auckland Council website as a minutes attachment.

His Worship the Mayor gave his valedictory speech.

 

Cr J Bartley returned to the meeting at 10.36 am.

Cr L Cooper joined the meeting at 10.46 am.

 

Resolution number GB/2022/94

MOVED by Cr D Simpson, seconded by Cr E Collins:  

That the Governing Body:

a)      whiwhi / receive the valedictory speeches from Deputy Mayor Councillor Bill Cashmore and His Worship the Mayor, Hon. Phil Goff

b)      wish Cr Cathy Casey, Deputy Mayor Councillor Bill Cashmore and His Worship the Mayor, Hon. Phil Goff all the best for their future endeavours and whakamihi / thank them for their hard work, contribution and dedication to local government in Auckland and in particular to the 2010-2022 terms of Auckland Council.

CARRIED

 

Attachments

a     29 September 2002, Governing Body:  Item 15 - Valedictory Speeches, Deputy Mayor Bill Cashmore Presentation

 

 

 

16        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

17        Procedural motion to exclude the public

Resolution number GB/2022/95

MOVED by Cr S Henderson, seconded by Cr R Hills:  

That the Governing Body:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Greg Schollum, Deputy Auditor-General, Karen MacKenzie, Audit New Zealand Audit Director, Athol Graham, Audit New Zealand Audit Director and Penica Cortez, Audit Manager be permitted to remain for Confidential Item C1 - CONFIDENTIAL: Adoption of the Auckland Council Annual Report 2021/2022 and the Summary Annual Report 2021/2022 and Item C2 - CONFIDENTIAL: Office of the Auditor-General briefing after the public has been excluded, because of their knowledge of matters, which will help the Governing Body in its decision-making.

 

 

 

 

c)          agree that Claire Denison, Partner, Kerridge and Partners be permitted to remain for Confidential Item C3 - CONFIDENTIAL:  Appointments to the Audit and Risk Committee after the public has been excluded, because of their knowledge of the recruitment process, which will help the Governing Body in its decision-making.

 

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

 

C1       CONFIDENTIAL: Adoption of the Auckland Council Annual Report 2021/2022 and the Summary Annual Report 2021/2022

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)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains financial information that can only be made public following the release of the annual report to the NZX on 30 September 2022.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

 

C2       CONFIDENTIAL: Office of the Auditor-General briefing

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)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains financial information that can only be made public following the release of the annual report to the NZX on 30 September 2022.

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.

 

 

 

 

 

 

C3       CONFIDENTIAL:  Appointments to the Audit and Risk Committee

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.

The Public conduct of the part of the meeting would likely to result in the disclosure of information for which good reason or withholding exists under section 7.

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.

 

C4       CONFIDENTIAL: Auckland Large-Scale Project Areas (Auckland Housing Programme) Memorandum of Understanding

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)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that has been provided by central government in confidence.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

 

 

 

11.31am          The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

12.42pm          The public was re-admitted.

 

 

 

 

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL: Adoption of the Auckland Council Annual Report 2021/2022 and the Summary Annual Report 2021/2022

 

Resolution number GB/2022/96

MOVED by Mayor P Goff, seconded by Cr D Simpson: 

That the Governing Body:

a)      tuhi ā-taipitopito / note that all matters raised by the Audit and Risk Committee and the Finance and Performance Committee, in relation to the annual report content, have been resolved

b)      whai / adopt the audited Auckland Council Annual Report 2021/2022

c)       whai / adopt the audited Auckland Council Summary Annual Report 2021/2022

Restatement

d)      whakaae / agree that the draft Auckland Council Annual Report 2021/2022 and draft Summary Annual Report 2021/2022, provided as Attachments C-G, will remain confidential. Following the release of the Auckland Council Annual Report 2021/2022 and Summary Annual Report 2021/2022 to the NZX and the public, these reports will immediately be published on Auckland Council’s website

e)      whakaae / agree that the decisions only will be restated in the open minutes.

 

 

 

Note:   Following the meeting, the 2021/2022 Annual Report for the Auckland Council group and the 2021/2022 Summary Annual Report for the Auckland Council group were made available on the Auckland Council website at the following link:

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-annual-reports/Pages/current-annual-report.aspx

 


 

 

C2

CONFIDENTIAL: Office of the Auditor-General briefing

 

Resolution number GB/2022/97

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

That the Governing Body:

a)          whiwhi / receive the information provided by the Auditor-General’s representatives

b)          whakamihi / thank the Office of the Auditor-General staff for their attendance

Restatement

c)       whakaae / agree that the report and attachments will remain confidential, but the decisions be restated in the open minutes.

 

 

C3

CONFIDENTIAL:  Appointments to the Audit and Risk Committee

 

Resolution number GB/2022/98

MOVED by Cr S Henderson, seconded by Deputy Mayor BC Cashmore:  

That the Governing Body:

j)        whakaae / agree that the report and any attachments remain confidential due to the private information relating to individuals contained in the report

k)       tuhi ā-taipitopito / note that at the conclusion of the appointment process the decisions will be made publicly available.

 

 

C4

CONFIDENTIAL: Auckland Large-Scale Project Areas (Auckland Housing Programme) Memorandum of Understanding

 

Resolution number GB/2022/99

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

That the Governing Body:

d)      whakaū / confirm that the agenda report, attachments of the agenda report, and resolutions will remain confidential until reasons for confidentiality no longer exist.

 

 

12.42 pm                                            The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS TRUE AND CORRECT BY THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 8.1.4 ON

 

 

 

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

 

 

 

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

 

 

 

CHIEF EXECUTIVE
OR NOMINEE
:…………………………..………………