Agenda of Extraordinary Meeting of the Puketāpapa Local Board

I hereby give notice that an inaugural meeting of the Puketāpapa Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 27 October 2022

6.30pm

Fickling Convention Centre
546 Mt Albert Road
Three Kings

Puketāpapa Local Board

OPEN AGENDA

MEMBERSHIP

Chairperson
Deputy Chairperson
Members	Roseanne Hay
	Ella Kumar, JP
	Fiona Lai
	Mark Pervan
	Bobby Shen
	Jon Turner

(Quorum 3 members)

Selina Powell

Democracy Advisor

17 October 2022

Contact Telephone: 021 531 686

Email: selina.powell@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Puketāpapa Local Board

27 October 2022

ITEM TABLE OF CONTENTS PAGE

A pōwhiri will proceed the formal part of the meeting.

The meeting will be chaired by the Local Area Manager until the Chair has made their statutory declaration.

1 Welcome 5

2 Apologies 5

3 Declaration by Local Board Members 7

4 Election of Chairperson 9

5 Declaration of Chairperson 13

6 Address by Chairperson 15

7 Election of Deputy Chairperson 17

8 Mayor's Address 21

9 Explanation of the laws that affect elected members 23

10 First Business Meetings of the Puketāpapa Local Board 33

Puketāpapa Local Board

27 October 2022

Declaration by Local Board Members

File No.: CP2022/14938

Te take mō te pūrongo

Purpose of the report

1. Each local board member will make an oral declaration and sign a written declaration in accordance with Schedule 7, Clause 14 of the Local Government Act 2002, which will be attested by Barry Potter, Director, Infrastructure and Environmental Services, Infrastructure and Environmental Services department.

2. Barry Potter, Director, Infrastructure and Environmental Services, Infrastructure and Environmental Services department by way of Memorandum from the Chief Executive, is authorised to administer the members’ declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14(2)).

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

Election of Chairperson

File No.: CP2022/14959

Te take mō te pūrongo

Purpose of the report

1. To elect the chairperson of the Puketāpapa Local Board for the 2022-2025 electoral term.

Whakarāpopototanga matua

Executive summary

2. A local board must elect a chairperson from among its members at the first meeting following a general election.

3. The chairperson is responsible for leading the local board, must preside at its meetings (unless they vacate the chair for a particular meeting) and has the authority to represent the local board, including as media spokesperson. Their leadership role includes supporting members of the local board to understand what is expected of them, encouraging good working relationships between members as well as with staff, stakeholders and constituents. The general expectations of the role of a local board chairperson are outlined in Auckland Council’s Governance Manual.

4. The election of a chairperson must be done in accordance with clause 25, schedule 7 of the Local Government Act 2002 (the Act) which provides two systems of voting (System A and System B). The local board will need to determine (by resolution) what system they will use to elect a chairperson.

· Voting System A includes multiple rounds of voting if no candidate is successful in receiving a majority of votes during the first round. For subsequent rounds of voting, the candidate with the fewest votes in the previous round will be excluded. If two or more candidates tie for the lowest number of votes during a round, the person excluded from the next round is resolved by lot.

· Voting System B includes only one round of voting and considers the successful candidate to be the one who received more votes than any other candidate. A tie between candidates will be resolved by lot.

5. Following the election of the chairperson, the chairperson will take over the chairing of the meeting.

Context

Voting methods

6. The two voting systems that the local board can use for the election of its chairperson are provided for under Clause 25, Schedule 7 of the Local Government Act 2002:

System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.

Duties and responsibilities of the chairperson

7. Auckland Council’s Governance Manual outlines the following expectations of the role of a local board chairperson (or deputy chairperson in their absence):

· provide strong leadership and inspire the local board

· build and maintain relationships to develop a collegial local board that is able to work effectively together and reach consensus to deliver the local board’s vision and priorities

· be accountable for the local board relationship with iwi (chief-to-chief)

· develop a strong working relationship with key stakeholders and senior council staff

· chair local board meetings effectively abiding by standing orders and the code of conduct

· represent the local board, and the wider Auckland Council as appropriate, including in a civic and community role (such as citizenship ceremonies) and as the spokesperson to the media

· promote and support the principles of good governance

· work with the governing body and council committees to provide local board input to regional decisions and to regional strategies, policies and plans

· ensure local board members understand what is expected of them, monitor their performance and hold them to account.

Deputy chairperson to act as chairperson during absence or vacancy

8. When a chairperson is absent or prevented by illness or other cause from performing their responsibilities and duties, or exercising the powers or his or her office, the deputy chairperson is required to perform the responsibilities and duties of the chairperson.

9. If a member holding the chairperson role chooses to resign from (elected member) office, a vacancy will arise upon receipt of their notice of resignation (by the Chief Executive). The deputy chairperson will become the acting chairperson and will perform the responsibilities and duties of the chairperson until one is elected.

10. To fill a chairperson vacancy, the board must meet and follow the process in clause 25 of schedule 7.

Split chairperson arrangements

11. In some circumstances (for example, to avoid a deadlocked board), it may be appropriate to contemplate a split term chairperson arrangement. Local boards may agree to split the electoral term into two consecutive fixed term periods, with different chairs appointed for each period. Resolutions must name the individual member appointed for each period and the period for which they are appointed.

12. In the event of a vacancy of a chairperson role before the end of their allotted part of the split term, the Board should meet and elect a new chair for that allotted part in accordance with clause 25, schedule 7 of the LGA.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) agree to use System A or System B of Clause 25, Schedule 7 of the Local Government Act 2002 to elect its chairperson.

b) elect a chairperson for the 2022-2025 electoral term.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

Declaration of Chairperson

File No.: CP2022/14940

Te take mō te pūrongo

Purpose of the report

1. The chairperson will make an oral declaration and sign a written declaration, which will be attested by Barry Potter, Director Infrastructure and Environmental Services, Infrastructure and Environmental Services department.

2. Barry Potter, Director Infrastructure and Environmental Services, Infrastructure and Environmental Services department, by way of Memorandum from the Chief Executive, is authorised to administer the chairperson’s declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14).

3. The newly elected chairperson will assume the chair for the remainder of the meeting

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

Election of Deputy Chairperson

File No.: CP2022/14960

Te take mō te pūrongo

Purpose of the report

1. To elect the deputy chairperson of the Puketāpapa Local Board for the 2022-2025 electoral term.

Whakarāpopototanga matua

Executive summary

2. A local board may elect a deputy chairperson from among its members at its first meeting following a general election.

3. The deputy chairperson’s primary responsibility is to act as the chairperson in the chairperson’s absence. In the absence of a chairperson, a deputy chairperson must preside over meetings of the local board, perform the responsibilities and duties of chairperson, and may exercise all the powers of the chairperson.

4. The election of a deputy chairperson must be done in accordance with Schedule 7, clause 25 of Local Government Act 2002 (the Act) which provides two systems of voting (System A and System B). The local board will need to determine (by resolution) what system they will use before electing its deputy chairperson.

· Voting System A includes multiple rounds of voting if no candidate is successful in receiving the votes of the majority of members during the first round of voting. For subsequent rounds of voting, the candidate with the fewest votes in the previous round will be excluded. If two or more candidates tie for the lowest number of votes during a round, the person excluded from the next round is resolved by lot.

Context

Voting methods

5. The two voting systems that the local board can utilise for the election of its chairperson and deputy chairperson is provided for under Schedule 7, Part 1, Clause 25 of the Local Government Act 2002:

System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iv) in any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.

Duties and responsibilities of the deputy chairperson

6. The deputy chairperson’s primary responsibility is to act as the chairperson in the chairperson’s absence. They must perform all the responsibilities and duties, and may exercise all the powers, of the chairperson —

(a) with the consent of the chairperson, at any time during the temporary absence of the chairperson

(b) without that consent, at any time while the chairperson is prevented by illness or other cause from performing the responsibilities and duties, or exercising the powers, of his or her office:

7. In the absence of proof to the contrary, a deputy chairperson acting as chairperson is presumed to have the authority to do so.

8. Auckland Council’s Governance Manual outlines the following expectations of the role of a local board chairperson (or deputy chairperson in their absence):

· provide strong leadership and inspire the local board

· build and maintain relationships to develop a collegial local board that is able to work effectively together and reach consensus to deliver the local board’s vision and priorities

· be accountable for the local board relationship with iwi (chief-to-chief)

· develop a strong working relationship with key stakeholders and senior council staff

· chair local board meetings effectively abiding by standing orders and the code of conduct

· represent the local board, and the wider Auckland Council as appropriate, including in a civic and community role (such as citizenship ceremonies) and as the spokesperson to the media

· promote and support the principles of good governance

· work with the governing body and council committees to provide local board input to regional decisions and to regional strategies, policies and plans

· ensure local board members understand what is expected of them, monitor their performance and hold them to account.

Resignation or removal

9. Should a resignation or vacancy arise during the triennium, Section 3.3 of the Governance Manual outlines the process for filling this vacancy.

Split term arrangements

10. In some circumstances (for example, to avoid a deadlocked board), it may be appropriate to contemplate a split term deputy chairperson arrangement. Local boards may agree to split the electoral term into two consecutive fixed term periods, with different deputy chairs appointed for each period. Resolutions must name the individual member appointed for each period and the period for which they are appointed.

11. In the event of a vacancy of a deputy chairperson role before the end of their allotted part of the split term, the local board should meet and elect a new deputy chairperson for that allotted part in accordance with clause 25, schedule 7 of the LGA.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) agree to utilise System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 to elect its deputy chairperson.

b) elect a deputy chairperson for the 2022-2025 electoral term.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

Mayor's Address

File No.: CP2022/14943

Te take mō te pūrongo

Purpose of the report

1. To provide the Mayor of Auckland an opportunity to address the local board.

Whakarāpopototanga matua

Executive summary

2. For the purposes of carrying out its functions, responsibilities, and duties and exercising its powers as a territorial authority and regional council, Auckland Council has been set up as a two-tier governance structure comprising the governing body and the local boards. (Section 7 Local Government (Auckland Council) Act 2009).

3. Under Auckland Council’s structure, decision-making is shared amongst the governing body and local boards, and each are responsible and democratically accountable for their areas of decision-making. The Mayor of Auckland plays a leadership role in Auckland Council, principally through articulating and promoting a vision for Auckland and leading the development of council plans, policies and budgets.

4. A good working relationship between the Mayor and the Governing Body and local boards is crucial to the success of Auckland Council during the electoral term.

5. As a matter of courtesy, the agenda of the local board’s inaugural meeting provides for the Mayor (or the Mayor’s representative) on behalf of the Governing Body, to welcome the new local board and outline his/her aspirations for the term.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) thank the Mayor of Auckland for his address.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

Explanation of the laws that affect elected members

File No.: CP2022/14944

Te take mō te pūrongo

Purpose of the report

1. At the first meeting after the three-yearly local election, elected members are required to receive a general explanation of the laws that affect them as elected members.^{^[1]} This report provides that explanation.

Whakarāpopototanga matua

Executive summary

2. 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:

· Local Authorities (Members’ Interests) Act 1968

· Crimes Act 1961

· Secret Commissions Act 1910

· Financial Markets Conduct Act 2013

· NZX Listing Rules

· Health and Safety at Work Act 2015

· Personal liability of elected members

· Local Government Official Information and Meetings Act 1987

· Local Government Act 2002

· Local Government (Auckland Council) Act 2009

· Other statutory decision-making requirements

3. This report and attachment provide an explanation of these core legal requirements.

4. 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).

5. 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 Puketāpapa Local Board:

a) note the general explanation of the laws affecting elected members.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Law Affecting Elected Member - Core Legal Requirements	25

Ngā kaihaina

Signatories

Author

Meredith Webb – Manager Public Law – Legal Service

Authorisers

Helen Wild – General Counsel

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

Puketāpapa Local Board

27 October 2022

First Business Meetings of the Puketāpapa Local Board

File No.: CP2022/14999

Te take mō te pūrongo

Purpose of the report

1. To confirm the first two business meetings of the Puketāpapa Local Board.

Whakarāpopototanga matua

Executive summary

2. Local boards need 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. Based on the identified needs for decisions, staff recommend that the local board hold its first meeting no later than 24^th November 2022 and look to schedule another meeting within the following two weeks.

5. A schedule of meetings for the term will be adopted by the board at a future meeting. This meeting schedule is expected to consist of one monthly meeting at a set time of the month.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) confirm Thursday, 17 November 2022 at 10.00am at the Puketāpapa Local Board, 560 Mt Albert Road, Three Kings as the date and time for its first business meeting.

b) confirm Thursday, 08 December 2022 at 10.00am at the Puketapapa Local Board, 560 Mt Albert Road, Three Kings as the date and time for its second business meeting.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Selina Powell - Democracy Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Nina Siers - Local Area Manager

[1] Clause 21(5)(c) Schedule 7 Local Government Act 2002.