I hereby give notice that the inaugural meeting
of the Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Friday, 28
October 2022
6.00pm
Great Hall
Auckland Town Hall
301-305 Queen Street
Auckland
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Tira Kawana / Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Wayne Brown
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Deputy Mayor
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Councillors
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Cr Andrew Baker
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Cr Mike Lee
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Cr Josephine Bartley
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Cr Kerrin Leoni
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Cr Angela Dalton
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Cr Daniel Newman, JP
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Cr Chris Darby
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Cr Greg Sayers
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Cr Julie Fairey
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Cr Desley Simpson, JP
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Cr Alf Filipaina, MNZM
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Cr Sharon Stewart, QSM
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Cr Christine Fletcher, QSO
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Cr Ken Turner
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Cr Lotu Fuli
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Cr Wayne Walker
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Cr Shane Henderson
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Cr John Watson
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Cr Richard Hills
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Cr Maurice Williamson
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(Quorum 11 members)
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Sarndra O'Toole
Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
20 October 2022
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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.
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Governing Body
28 October
2022
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ITEM TABLE OF
CONTENTS PAGE
Friday 28 October 2022
A pōwhiri will proceed the formal
meeting.
A karakia and waiata
will be performed at this time.
The meeting will
be chaired by the Chief Executive until the Mayor has made his statutory
declaration. The meeting will deal with Items 1, 7 and 8 at the ceremonal
part of the meeting.
1 Ngā
Tamōtanga | Apologies 7
7 Te
Whakapuakanga ā-Ture | Statutory Declaration - Mayor 8
His Worship the Mayor will chair this part of the meeting.
8 Te
Whakapuakanga ā-Ture | Statutory Declarations - Councillors 8
The meeting will
adjourn once all Councillors have made their statutory declarations
and will reconvene on Tuesday 1 November 2022, at 10.00am in the Reception
Lounge,
Auckland Town Hall.
Tuesday 1 November 2022
1 Ngā Tamōtanga | Apologies 7
2 Te Whakapuaki i te Whai
Pānga | Declaration of Interest 7
3 Ngā Petihana | Petitions 7
4 Ngā
Kōrero a te Marea
| Public Input 7
5 Ngā
Kōrero a te Poari ā-Rohe Pātata | Local Board Input 7
6 Ngā
Pakihi Autaia | Extraordinary Business 7
9 Te Kauhau
Tuatahi a Te Mema Hou | Maiden Speeches 8
10 Explanation of laws
affecting elected members 9
11 Tira Kāwana /
Governing Body meetings in November 2022 19
12 Te Whakaaro
ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
1 Ngā
Tamōtanga | Apologies
At the close of
the agenda no apologies had been received.
2 Te Whakapuaki i te Whai Pānga | 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.
3 Ngā Petihana
| Petitions
There is no petitions
section.
4 Ngā Kōrero a te Marea | Public Input
There is no
public input section.
5 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
There is no
local board input section.
6 Ngā Pakihi Autaia | 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.”
7 Te Whakapuakanga ā-Ture | Statutory
Declaration - Mayor
His Worship the Mayor will make an oral declaration and sign a
written declaration which will be attested by the Chief Executive.
The Mayor will address the meeting, outlining his vision for
Auckland.
This item will be part of the ceremonial section of the meeting held
on Friday 28 October 2022 at 6.00pm in the Great Hall, Auckland Town Hall.
8 Te Whakapuakanga ā-Ture | Statutory
Declaration - Councillors
Each councillor will make an oral declaration and sign a written
declaration, which will be attested by His Worship the Mayor.
This item will be part of the ceremonial section of the meeting held
on Friday 28 October 2022 at 6.00pm in the Great Hall, Auckland Town Hall.
9 Te Kauhau Tuatahi a Te Mema Hou | Maiden
Speeches
New councillors will have the opportunity to address the meeting.
The order of speaking will be as follows:
Councillor Andrew Baker
Councillor Julie Fairey
Councillor Lotu Fuli
Councillor Mike Lee
Councillor Kerrin Leoni
Councillor Ken Turner
Councillor Maurice Williamson
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Governing Body
28 October
2022
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Explanation of laws affecting elected
members
File No.: CP2022/15178
Te take mō te
pūrongo
Purpose of the report
1. To
whakarite / provide a general explanation of the laws affecting elected
members.
Whakarāpopototanga matua
Executive summary
2. At
the first meeting after the triennial election, elected members are required to
receive a general explanation of the laws that affect them as elected members.[1] This report and the
attachment provide that explanation.
3. There
are a number of laws affecting members and other core legal requirements that
elected members should be aware of when making decisions. The legislation
that applies both to individual elected member’s actions and collective
decision making includes:
a) Local
Authorities (Members’ Interests) Act 1968
b) Crimes
Act 1961
c) Secret
Commissions Act 1910
d) Financial
Markets Conduct Act 2013
e) NZSX
Listing Rules
f) Health
and Safety at Work Act 2015
g) Personal
liability of elected members
h) Local
Government Official Information and Meetings Act 1987
i) Local
Government Act 2002
j) Local
Government (Auckland Council) Act 2009
k) The New
Zealand Bill of Rights Act 1990 and the Human Rights Act 1993
l) Other
statutory decision-making requirements
4. Attachment
A to this report provides a more detailed explanation of these core legal
requirements.
5. In
addition to these core legal requirements, there are many other statutes
relevant to certain council decisions (for example the Resource Management Act
1991 and the Reserves Act 1977).
6. Elected
members will receive advice from staff on a case-by-case basis to ensure that
they understand their legal obligations when making decisions.
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) tuhi ā-taipitopito / note the general explanation of the laws
affecting elected members.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Laws affecting elected members: core legal
requirements
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11
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Ngā kaihaina
Signatories
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Author
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Meredith Webb – Manager Public Law
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Authorisers
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Helen Wild - General Counsel
Jim Stabback - Tumu Whakarae / Chief Executive
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Governing Body
28 October
2022
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Governing Body
28 October
2022
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Tira Kāwana / Governing Body
meetings in November 2022
File No.: CP2022/06837
Te take mō te
pūrongo
Purpose of the report
1. To
whakaū / confirm two extraordinary and one
ordinary Tira Kāwana / Governing Body meetings in November 2022.
Whakarāpopototanga matua
Executive summary
2. The
Governing Body needs to adopt a meeting schedule and give advance notice to
members of when it will meet.
3. The
requirements to give notice of meetings to members are contained in the Local
Government Act 2002. Notice must not be less than 14 days prior to the
meeting, or if a schedule is adopted, not less than 14 days prior to the first
meeting on the schedule. Where this notice cannot be given, meetings are
called under the provisions for extraordinary meetings.
4. In
order to facilitate the continuation of decision-making until a committee
structure is confirmed and a meeting schedule adopted, it is proposed that
three Tira Kāwana / Governing Body meetings are held in November.
5. Staff
recommend that the Governing Body meet on Thursday 10 November 2022 and
Thursday 17 November 2022 at 10.00am by way of an extraordinary meeting and
Thursday 24 November 2022 at 10.00am as the first ordinary meeting.
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) whakaae
/ agree to hold extraordinary meetings on Thursday 10 November 2022 and
Thursday 17 November 2022 commencing at 10.00am in the Reception Lounge,
Auckland Town Hall, 301-305 Queen Street, Auckland
b) whakaae
/ agree to hold an ordinary meeting on Thursday 24 November 2022 commencing at
10.00am in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street,
Auckland.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
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Authoriser
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Jim Stabback – Tumu Whakarae / Chief Executive
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