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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 17 November 2022

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Mayor

Wayne Brown

 

Deputy Mayor

Cr Desley Simpson, JP

 

Councillors

Cr Andrew Baker

Cr Mike Lee

 

Cr Josephine Bartley

Cr Kerrin Leoni

 

Cr Angela Dalton

Cr Daniel Newman, JP

 

Cr Chris Darby

Cr Greg Sayers

 

Cr Julie Fairey

Cr Sharon Stewart, QSM

 

Cr Alf Filipaina, MNZM

Cr Ken Turner

 

Cr Christine Fletcher, QSO

Cr Wayne Walker

 

Cr Lotu Fuli

Cr John Watson

 

Cr Shane Henderson

Cr Maurice Williamson

 

Cr Richard Hills

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

14 November 2022

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Governing Body

17 November 2022

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Ngā Tamōtanga | Apologies                                                                                         5

2          Te Whakapuaki i te Whai Pānga | Declaration of Interest                                         5

3          Ngā Kōrero a te Marea | Public Input                                                                           5

4          Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input                                        5

5          Ngā Pakihi Autaia | Extraordinary Business                                                              5

6          Establishment of committees and appointments of chairpersons                          7

7          Terms of Reference for committees                                                                          11

8          Appointments to co-governance and co-management entities                             17

9          Appointments to other entities                                                                                  23

10        Local Government Members (2022/2023) Determination 2022                               29

11        Recruitment process for District Licensing Committee members 2023-2026      33

12        Auckland Council Sponsors for Auckland Light Rail programme                        39

13        Governing Body Meeting Schedule for December 2022                                         43

14        Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items

 


1          Ngā Tamōtanga | Apologies

 

 

2          Te Whakapuaki i te Whai Pānga | Declaration of Interest

 

 

3          Ngā Kōrero a te Marea | Public Input

 

There is no public input section.

 

 

4          Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input

 

There is no local board input section.

 

 

5          Ngā Pakihi Autaia | Extraordinary Business

 

 


Governing Body

17 November 2022

 

 

Establishment of committees and appointments of chairpersons

File No.: CP2022/15797

 

  

 

Purpose of the report

1.       To note my decisions about committees and their chairs, and appoint two councillors as directors of Auckland Transport (AT).

Report

Committee Structure

2.       I have established a committee structure for the new council term which is presented in Attachment A. I announced these decisions on 11 November 2022.

3.       Aucklanders have sent a strong message that we must slim down and direct our attention to fixing the major issues facing Auckland. I designed this structure to enable focused, efficient decision-making on these issues. It has the following features:

a)         Fewer committees – there are 3 fewer committees of the whole than last term, which will reduce administrative burden and enable focus on governance rather than attendance.

b)         Clear decision-making responsibilities and accountabilities – I wish to empower more business-like committees, discourage unnecessary reports, and avoid re-litigation of matters where possible.

c)         Focus on pressing priorities – my structure reflects the necessary priorities this term, which relate to budget control, transport and CCO direction. For example, the new Transport and Infrastructure Committee will focus on overseeing the much-needed change of approach at Auckland Transport.

d)         Opportunities for each councillor to contribute in a meaningful role.

4.         The structure comprises two committees of the whole, four decision-making committees and two other standing committees. The topics covered by each committee are summarised in the attached diagram. Each committee has an important scope of work requiring attention and decisions.

5.         The governing body retains responsibility for key financial decisions and monitoring. This will be our most important role this term, so we must deal with it at governing body chaired by me. As before, the IMSB will participate in budget decisions and the mechanism to achieve that will be decided in consultation with them.

6.         The committee structure and appointments will be reviewed in six to 12 months time. I have high expectations of chairs and deputy chairs, and will articulate these in due course so that you can understand the basis for any review.

7.         The Terms of Reference and meeting schedule/calendar are addressed in another paper.  The Deputy Mayor and I are members of each committee.

Other Roles

8.       I have assigned Lead Councillor CCO roles to the substantive CCOs (except AT) and the port company. These roles will assist the governing body exercise effective direction and oversight of the CCOs. They are to have greater responsibilities and resources than the liaison roles of the previous term.

9.       I am supportive of the continuation of Advisory Panels in some form. I have assigned a Chief Liaison Councillor to Advisory Panels to lead this work.

10.     There are a variety of other roles and positions performed by councillors, which I have proposed to allocate in other papers.

Auckland Transport directors

11.     I propose we appoint two councillors as directors of AT for a term of three years: Mike Lee and Andy Baker. This is permitted by our legislation and policies, and there are currently two vacancies on the AT Board (which has six directors and a maximum of eight directors).

12.     We can appoint a director only if that person has, in the opinion of the council, the skills, knowledge or experience to guide the organisation and contribute to the achievement of the objectives of the organisation (s 57(2) of the Local Government Act 2002).

13.     The two councillors put forward by me meet this requirement. The rationale for appointing councillors as directors of AT is that doing so will assist the board to meet its obligations to understand and implement council policy and strategy for transport, including as reflected in its statement of intent, and be accountable for its performance to council.

14.     Councillors appointed to the AT Board will receive director’s fees. I have proposed they receive an amount equal to the additional amount received by a Chair of a Committee of the Whole and that any amount received more than this is donated to charity. Both councillors I have put forward have agreed to this. This approach reflects the workload of these roles and ensures a degree of parity with other councillors.

15.     Appointing councillors as directors will require careful management of some issues. I intend for protocols to be put in place to guide the roles.

Climate impact statement

16.     None. Responsibilities for climate matters are reflected in the Terms of Reference.

Council group impacts and views

17.     My structure provides for appropriate direction and oversight of CCOs and the Port company. Local boards have not been engaged on these decisions.   

Māori Impact Statement

18.     IMSB representation on committees is reflected in the attached structure.

Financial Implications

19.     None. Resourcing for the committees is covered by existing operational expenditure.

 

Recommendation/s

That the Governing Body:

a)      note the decisions of the Mayor on the committees of the governing body and the appointment of chairpersons as presented in Attachment A of the agenda report

b)      appoint Mike Lee and Andy Baker as directors of Auckland Transport.

 

Attachments

No.

Title

Page

a

Governing Body Committee Structure and Roles

9

      

Signatories

Author

Mayor Wayne Brown

 


Governing Body

17 November 2022

 

 

Timeline

Description automatically generated


Governing Body

17 November 2022

 

 

Terms of Reference for committees

File No.: CP2022/14223

 

  

 

Te take mō te pūrongo         

Purpose of the report

1.       To whai / adopt the Terms of Reference for committees of the governing body, including membership, delegations and key responsibilities of all committees for the 2022-2025 term.

Whakarāpopototanga matua

Executive summary

2.       The mayor has the power to establish committees and appoint chairs and deputy chairs.  The governing body gives effect to the committees by delegating responsibilities and powers in the Terms of Reference.  

3.       The terms include all committees that report to the governing body and those other significant committees where governing body members have a key role.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whai / adopt the Terms of Reference in Attachment A of the agenda report and delegate those powers and responsibilities as listed.

b)      whakaae / approve the purpose and responsibilities of the Lead Councillor CCO roles, as included in the Terms of Reference.

c)      whakaae / approve the purpose and role of the Chief Liaison Councillor Advisory Panels and Liaison Councillor Advisory Panels, as included in the Terms of Reference.

d)      whakamana / authorise the Director of Governance & CCO Partnerships and Chief of Strategy to amend the Terms of Reference by reflecting additional decisions of the Mayor and Governing Body that relate to membership, advisory panels and other minor amendments required to ensure completeness.

 

Horopaki

Context

4.       The Terms of Reference implement the committee structure established by the mayor. By adopting the Terms of Reference, the Governing Body is delegating the appropriate responsibilities and powers to, and setting quorums for, the committees established by the mayor.

5.       The Terms of Reference have been developed in consultation with councillors and staff from across the organisation, to ensure that reporting responsibilities align clearly with the purpose of each of the committees. 

6.       Ensuring that committees are delegated responsibilities ensures that staff, elected members and the public understand where decisions are made and how the Governing Body has delegated its responsibilities to more focused decision-making groups.

 

Tātaritanga me ngā tohutohu

Analysis and advice

7.       The Terms of Reference (the terms) are included as Attachment A to this report.

8.       The terms have been created to reflect the decisions of the mayor on the establishment of committees earlier in this meeting agenda. Input from senior staff and subject matters experts across the organisation has been sought to ensure the most efficient and effective alignment of responsibilities for the committees in accordance with the structure.

9.       This includes key legal, financial, planning, CCO governance and operations areas of council who will be engaging on a regular basis with committees.

10.     The terms manage operational, logistical and legal factors to ensure the right allocation of responsibilities across the established structure.

11.     Governance staff have worked with staff from the Mayor’s Office to create a workable document that aligns with the purpose of the committee structure direction of the Mayor and provides a good level of guidance for staff.

12.     Lead Officers for each committee will be appointed in consultation with the chief executive, in order to provide key support to the chair, deputy and committee members around work programmes and to assist with positive working relationships to assist each committee.

Committees

13.     The general practice for setting quorums for committees is at one-half of the members. 

14.     The Local Government (Auckland Council) Act 2009 states that the mayor is an ex-officio member of all committees and Standing Order 4.1.1 states that both the mayor and deputy mayor are members of all committees. This is explained in the opening section of the document.

15.     The general approach to the Terms of Reference is that they set out each committee’s responsibilities in broad terms and delegate full powers relating to those responsibilities, subject to exceptions. A more prescriptive approach might result in matters being left out.

16.     For more specialised committees, such as the Audit and Risk Committee, the Regulatory and Safety Committee, and the Civil Defence and Emergency Management Committee, the delegations are more specific and therefore the responsibilities are more detailed than for other committees.

17.     Each committee of the whole is expected to establish an annual work programme, outlining the key focus areas, in line with its responsibilities, that will be dealt with over the year. The Governing Body will approve the work programmes of each committee to ensure distinct lines of decision-making, to focus decision making priorities and to remove duplication of matters that may cross committee responsibilities.

18.     An addition to the Terms of Reference is a description of the role of chairperson and deputy chairperson to provide clarity and guidance on the roles of each.

19.     Key roles for committees have been assigned by the Mayor and membership is proposed as listed in the terms.

Joint committees and working parties

20.     The Auckland Domain Committee is included in the section on joint committees. The Local Government Act 2002 requires that parties to a joint committee firstly formally reach agreement. The Terms or Reference for this committee are therefore subject to the agreement with the Waitematā Local Board.

21.     The Hauraki Gulf Forum is prescribed in legislation and will continue to be supported by representatives of Auckland Council, including seven members from across the governing body and local boards.

 

 

 

22.     The Joint Governance Working Party is included. It will continue to support the facilitation of discussion and consideration of matters of mutual interest to the governing body and local boards.

23.     Two groups will provide input into the Kaipara Moana Treaty of Waitangi settlements negotiations (the Kaipara Moana Negotiations Working Party) and to support achieving environmental outcomes for the Kaipara Moana and its catchment (the Kaipara Moana Remediation Joint Committee).  Elected member representation on these groups will represent council’s interests on these joint groups.

Advisory Panels

24.     Advisory panels are proposed for continuation this term, in order to support the mayor’s role to provide mechanisms to engage with the people of Auckland, whether generally or particularly (for example, the people of a cultural, ethnic, geographic, or other community of interest), and those who are too young to vote.

25.     Key roles are established for the Chief Liaison Councillor Advisory Panels to lead this important work, and for a Liaison Councillor Advisory Panels for each panel.

26.     Further advice around the purpose, membership and details of the panels will be included in a separate upcoming report to Governing Body, however guidance for key councillor roles supporting the panels is included in the Terms of Reference.

Other Roles

27.     The present term (2022 – 2025) sees the expansion and improvement of previous councillor liaison roles with substantive Council Controlled Organisations. 

28.     An expanded and more accountable Lead Councillor CCO role is to be established for Eke Panuku Development Auckland, Tātaki Auckland Unlimited and Watercare.

29.     Responsibilities, including reporting and accountability for councillors in these roles are included in the Terms of Reference.

30.     There will also be two board appointments to Auckland Transport.

31.     Balancing the role of a director of the Auckland Transport Board with that of a councillor will require careful management to ensure clear lines of accountability, and to ensure appropriate management of confidential information. Guidance for this role is also included in the Terms of Reference.

32.     The above role appointments are included in the Mayor’s report on the establishment of committees earlier in this meeting agenda.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33.     All council decisions should consider direct and indirect impacts of climate change and the effects of a warming climate. 

34.     In order to ensure council meets it climate risk obligations it is recommended that the Governing Body, along with the committees of the whole include specific references to the accountability for the impacts of climate change relevant to decisions presented to them.

35.     This is also included in the Terms of Reference for the Audit and Risk, and CCO Direction and Oversight Committees to ensure a broad and business as usual approach considering the effects and impacts of climate change are considered throughout all our decision making.

36.     This approach also helps ensure council is compliant with the External Reporting Board’s (XRB) climate standards which we are legislatively required to specifically include consideration of climate change.

37.     This will also help further embed Te Tāruke-a-Tāwhiri: Auckland’s Climate Plan into our daily decision-making considerations.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

38.     The wider council family will be impacted by a new committee for the reporting and accountability of the Council Controlled Organisation Direction and Oversight Committee (CCO), or the Transport and Infrastructure Committee (in the case of Auckland Transport). 

39.     Greater accountability of CCOs in the Terms of Reference reflects the direction of the Mayor as outlined in the establishment of committees.

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

Local impacts and local board views

40.     The Terms of Reference relate to committees of the governing body and local board views have not been sought, as these are procedural matters for elected members of the governing body.

41.     Opportunities will be provided for local boards to comment and provide feedback on committee agendas and work programme items as standard process.

42.     Ongoing dialogue to address areas of mutual interest will be supported through the Joint Governance Working Party.

Tauākī whakaaweawe Māori

Māori impact statement

43.     All council reports received by committees for decision making required active consideration about the direct and indirect impact on Māori.

44.     Accountability to mana whenua and mataawaka of Tāmaki Makaurau is a matter for consideration throughout all council decision making, regardless of the committee.  Implications on Māori and the impacts of decisions (both direct and indirect) are important considerations for all report writers when providing advice to all committees of the Governing Body.

45.     Input into decision making by members of the Independent Māori Statutory Board (IMSB) is provided on almost all committees, except where they may sit as ex-officio.

46.     The committee structure established by the Mayor provides explicit oversight of financial decision making by the Governing Body. Measures to include input by the IMSB is to be confirmed in consultation with them.

Ngā ritenga ā-pūtea

Financial implications

47.     The Terms or Reference reflects the focused financial oversight and accountability implicit in the committee structure. Governing Body retains key financial decision making, while expenditure control and procurement are within the remit of the Expenditure Control and Procurement Committee.

48.     Council’s Finance department have been consulted on the content and delegations of the committees included to ensure best practice and efficient decision making can occur within the parameters of the committee structure.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49.     The committee delegations align with councils’ minimum legislative requirements. Additional best practice initiatives around good audit processes and risk management, including independent oversight of those audit processes will continue with support of the Audit and Risk Committee.

50.     Council’s legal advisors have provided thorough advice on the committee structure, the Terms of Reference and mechanisms included to support effective decision making. These views have been included in the content of the Terms of Reference and in the decisions around the committee structure.

Ngā koringa ā-muri

Next steps

51.     A meeting schedule outlining the proposed timing of the meetings included in the new structure is included in another report on this agenda. This schedule will give effect to the committee structure and timing of meetings outline in the Terms of Reference.

52.     A report providing further detail on Advisory Panels and their purposes and key areas of focus will be presented to an upcoming Governing Body meeting.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Terms of Reference (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Steve Van Kampen - Governance Support Manager

Authorisers

Kenneth Aiolupotea - General Manager Democracy and Engagement

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Appointments to co-governance and co-management entities

File No.: CP2022/15368

 

  

 

 

Te take mō te pūrongo

Purpose of the report

1.       To make appointments to co-governance and co-management entities.

Whakarāpopototanga matua

Executive summary

2.       This report gives information to make council appointments to:

a)   Mutukaroa (Hamlins Hill) Management Trust

b)   Ngāti Whātua Ōrākei Reserves Board

c)   Te Poari o Kaipātiki ki Kaipara (Parakai Recreation Reserve Board)

d)   Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority).

3.       It is recommended that these are made at this meeting so that council appointees can be present for the upcoming meetings of these entities through early 2023.

4.       The Mutukaroa (Hamlins Hill) Management Trust makes decisions on that part of Mutukaroa which is owned by the Crown and leased by the trust to Auckland Council as a regional park.  The Governing Body is requested to nominate two members to the trust (the trust in turn appoints the nominees to its board). In keeping with past practice over the previous two terms it is recommended that the Governing Body invite the Maungakiekie-Tāmaki Local Board to again nominate a member to the trust to represent council alongside a councillor appointee.  The existing councillor appointee’s term finishes on 26 March 2023.

5.       The Ngāti Whātua Ōrākei Reserves Board (reserves board) is established under the Ngāti Whātua Ōrākei Claims Settlement Act 2012. It is the administering body for the Whenua Rangatira and Pourewa Creek Reserve that are owned by Ngāti Whātua Ōrākei and administered as recreation reserves. The Auckland Council appoints three members and Ngāti Whātua Ōrākei appoints three members. In the past three terms, two governing body members have been appointed (one as deputy chair) with a delegation given to the Ōrākei Local Board to appoint a third member.  The existing governing body appointments expire on 12 November 2022 and the local board appointment on 5 December 2022.

6.       Te Poari o Kaipātiki ki Kaipara is a co-governance board that manages the Kaipātiki reserve in Parakai. The Auckland Council appoints three members and Ngāti Whātua o Kaipara appoints three members. In past practice, one governing body member has been appointed with a delegation given to the Rodney Local Board to appoint two further members. The existing governing body appointment expires on 12 November 2022 and the local board appointments on 20 November 2022.

7.       The Tūpuna Maunga Authority is a co-governance board established by statute to manage 14 Tūpuna Maunga within Tāmaki Makaurau. Auckland Council appoints 6 members and mana whenua appoint 6 members. Since the Authority was established, Auckland Council has appointed three governing body members with a delegation given to eight local board chairs with maunga within their board areas to appoint three further members. The current council appointments expire on 6 December 2022.

 


 

 

8.       For all of the appointments to the co-governance and co-management entities covered in this report, the Governing Body may:

i)        make appointments to those entities during this meeting, or

ii)       make some appointments to those entities during this meeting and continue delegations for further remaining appointments to local boards in keeping with previous practice (which has worked effectively in the past).

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      nominate two members for appointment to the Mutukaroa (Hamlins Hill) Management Trust

b)      kopou / appoint three members to the Ngāti Whātua Ōrākei Reserves Board for a term of three years with one of those members being appointed as the Deputy Chairperson

c)      kopou / appoint three members to Te Poari o Kaipātiki ki Kaipara (the Parakai Recreation Reserve Board) for a term of three years

d)      kopou / appoint six members to the Tūpuna Maunga Authority.

 

Horopaki

Context

9.       The council can become involved in making appointments/nominations to other organisations in a number of ways, including:

a)   through a provision in legislation

b)   under a trust deed, incorporated society constitution or another constitutional document

c)   as a requirement of a resource consent or some other planning instrument.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     It is suggested that the following general criteria be considered when appointing or nominating members of co-governance and co-management entities:

a)    a strong interest in and commitment to the key principles that underpin the co-governance relationship, being a relationship of partnership with its foundations in Te Tiriti o Waitangi/the Treaty of Waitangi

b)    a track record or commitment to managing whenua consistent with mana whenua values

c)    a good understanding of the local communities surrounding the land managed through the entity

d)    a good understanding of tikanga Māori and traditions linked to the land managed through the entity

e)    promoting continuity in the boards of each entity.

Mutukaroa (Hamlins Hill) Management Trust

11.     The Mutukaroa (Hamlins Hill) Management Trust (trust) was set up by trust deed in 1996.  The trust is set up to support and contribute to the management and protection of the Mutukaroa (Hamlins Hill) park. 

12.     The trust deed provides for six trustees two of whom are to be nominated by Auckland Council.  Three other trustees are nominated by the Ngāti Whātua Ōrākei Trust, Ngāti Paoa Trust Board and Waikato Tainui Te Kauhanganui Incorporated.  The Maungakiekie Member of Parliament is automatically deemed to be a trustee.

13.     In 2018 the Governing Body nominated Councillor Josephine Bartley (GB/2018/38) to the trust.  Councillor Bartley was then formally appointed by the trust on 26 March 2018 for a term of five years. Councillor Bartley retains her seat on the trust until 26 March 2023 and may be reappointed by the council.   

14.     The other Auckland Council position was held by a Maungakiekie-Tāmaki Local Board member.

15.     It should be noted that the trust has been largely inactive since 2020.  Recently the Crown, through Land Information New Zealand and The Office for Māori Crown Relations – Te Arawhiti, has begun to engage with mana whenua groups and Auckland Council on future governance and ownership options for the Crown-owned portion of Mutukaroa.

Ngāti Whātua Ōrākei Reserves Board

16.     The Ngāti Whātua Ōrākei Reserves Board has six members (or such greater even number as may be agreed between Ngāti Whātua Ōrākei Trust (trust) and Auckland Council). The Auckland Council appoints half of the board members, and the trust appoints the other half.  The term is three years and board members may be reappointed. The trust must appoint the chair and council must appoint the deputy chair.

17.     By previous resolution (GB/2019/118) the Governing Body has delegated the appointment of one member to the Ōrākei Local Board. The Auckland Council members for the previous term were:

i)        Councillor Desley Simpson, who was also appointed as the deputy chair

ii)       former Councillor Linda Cooper

iii)      Member Scott Milne, appointed by the Ōrākei Local Board (OR/2019/250).

18.     In previous years, the Governing Body confirmed a delegation to the Ōrākei Local Board to make one appointment to the Ngāti Whātua Ōrākei Reserves Board, with the Governing Body appointing the remaining two members (one of them appointed as deputy chairperson).  This composition has proved effective in the past.

Te Poari o Kaipātiki ki Kaipara (Parakai Recreation Reserve Board)

19.     The Ngāti Whātua o Kaipara Claims Settlement Act 2013 established Te Poari o Kaipātiki ki Kaipara (officially known in the legislation as the Parakai Recreation Reserve Board to administer Kaipātiki (formerly the Parakai Recreation Reserve)). The Reserve includes the Parakai Springs Hot Pools, a geothermal pool complex (managed by a private lessee), bookable whare, and campervan sites. 

20.     The board consists of six members, half of whom are appointed by the Auckland Council.  The current Auckland Council appointed members are Brenda Steele (Deputy Chair and community member appointed by the Rodney Local Board), Phelan Pirrie (Rodney Local Board), and Councillor Greg Sayers (appointed by the Governing Body). The Ngāti Whātua o Kaipara appointed members are Jane Sherard (Chair), Tracy Davis and Trisya Hemana.  

21.     The term of the current Auckland Council appointments ends on 12 November 2022 (Governing Body appointed member, see GB/2019/118) and 20 November 2022 (Rodney Local Board appointed members, see RD/2019/144). Appointments are for three years and will commence the date appointments are made by the Governing Body and Rodney Local Board.

22.     Since the board was established, the governing body has appointed the Rodney Ward councillor to the Reserve Board and confirmed a delegation to the Rodney Local Board to make the remaining two appointments. This composition reflects the fact that Kaipātiki is an important local reserve and has worked effectively in the past.

Tūpuna Maunga o Tāmaki Makaurau Authority

23.     Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 transferred the ownership of 14 Tūpuna Maunga to Ngā Mana Whenua o Tāmaki Makaurau (Ngā Mana Whenua). The Act established the Tūpuna Maunga Authority as a bespoke co-governance entity to administer the Tūpuna Maunga. It is independent of Auckland Council. 

24.     The following table outlines the location of the Tūpuna Maunga administered by the Tūpuna Maunga Authority and notes the local board and ward area:

Tūpuna Maunga

Local board area

Ward area

·    Maungawhau / Mt. Eden

·    Ōwairaka / Te Ahi Kā a Rakataura / Mt. Albert

·    Te Kōpuke – Tītīkōpuke / Mt. St. John

Albert-Eden

Albert-Eden-Roskill

·    Pukewīwī – Puketāpapa/ Mt. Roskill

·    Te Tātua-a-Riukiuta / Big King

Puketāpapa

·    Maungauika / North Head

·    Takarunga / Mt. Victoria

Devonport-Takapuna

North Shore

·    Ōhuiarangi / Pigeon Mountain

Howick

Howick

·    Maungakiekie / One Tree Hill

·    Maungarei / Mt. Wellington

·    Ōtāhuhu / Mt. Richmond

Maungakiekie-Tāmaki

Maungakiekie-Tāmaki

·    Māngere Mountain / Te Pane o Mataoho / Te Ara Pueru /

Māngere-Ōtāhuhu

Manukau

·    Matukutūruru / Wiri Mountain

Manurewa

Manurewa-Papakura

·    Ōhinerau / Mt. Hobson

Ōrākei

Ōrākei

 

25.     The membership of the Tūpuna Maunga Authority consists of six members appointed by Ngā Mana Whenua and six members appointed by council. The term of membership of Tūpuna Maunga Authority members appointed by the council starts from 7 December 2022 and ends on the 59th day after the next council polling day (6 December 2022).

26.     The members appointed by Ngā Mana Whenua must appoint the chairperson and the members appointed by council must appoint the deputy chairperson.

27.     Since its establishment in 2014 the council appointees have consisted of three governing body and three local board members. This composition has proven to be a successful model and aims to:

a)      enable shared representation from the governing body and local boards that reflects council’s shared decision-making model

b)      allow for governing body members to account for the views from a regional perspective

c)      allow local board members to reflect views from a local perspective, whilst also being   responsible for taking a region-wide perspective in the administration of the maunga

d)      enables stronger links and information sharing between the Tūpuna Maunga Authority and local communities, many of whom take a very active interest in the stewardship of the maunga.

28.     In previous terms the chairs of the eight local boards affected were given a delegation by the governing body to appoint three members to the Maunga Authority on behalf of the council.

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     The decisions on appointments are procedural in nature and any climate impacts will be negligible. The decisions are unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the implementation of the decisions on appointments.  The co-governance and co-management entities are independent to council and are not subject to the council’s climate impact policies.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30.     The Auckland Council has strong relationships with its co-governing partners within the co-governance and co-management entities. The entities themselves are independent to the council and connect with other parts of the council group as required.

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

Local impacts and local board views

31.     One of the functions of local boards is to communicate with community organisations within their areas. Local board members often attend meetings of community organisations to facilitate that communication.

32.     Where a document, such as a trust deed, provides for the Auckland Council to make an appointment to an organisation, the appointment is the responsibility of the governing body unless it is delegated. 

33.     Where an appointment is delegated to local board members this reflects council’s shared decision-making model and provides a useful bridge between local communities and the work of the co-governance and co-management entities.

Tauākī whakaaweawe Māori

Māori impact statement

34.     The entities described in this report all have express mana whenua representation. The Mutukaroa (Hamlins Hill) Management Trust was established by trust deed. The remaining co-governance entities are the result of a historical Treaty settlements negotiated with mana whenua. They are co-governance entities that embody a Treaty-based partnership, enabling mana whenua to share decision-making authority over the subject lands.

35.     The entities that are the subject of this report are vehicles through which the mana whenua worldview and historical, cultural and spiritual connections with the subject lands are given visibility and guide decision-making for the health and wellbeing of these important taonga.

Ngā ritenga ā-pūtea

Financial implications

36.     There are no additional financial implications attached to the making of this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37.     No particular risks are identified.

Ngā koringa ā-muri

Next steps

38.     These appointments need to be made immediately due to upcoming meetings of the respective entities or the local boards with delegations to make appointments.  The entities will likely hold their first meetings of the term in early 2023.

39.     Staff will enact any appointment in terms of the governing legislation or trust deed as the case may be.

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Dominic Wilson - Head of Co-governance

Authorisers

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Appointments to other entities

File No.: CP2022/14377

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To make appointments to several entities and to delegate appointments to certain entities to local boards.

Whakarāpopototanga matua

Executive summary

2.       The Governing Body is asked to make appointments to four entities that are expected to hold meetings before the end of the year. These entities are:

·    Airport Noise Community Consultative Group

·    Auckland Town Hall Organ Trust

·    Friends of the Auckland Botanic Gardens Incorporated

·    Kaipara Moana Remediation Programme Joint Committee

3.       The Governing Body is also asked to delegate the power to make appointments to entities whose activities have a local focus to the relevant local board. These entities are:

·    Mount Albert Grammar School Swimming Pool Trust

·    Te Puru Community Charitable Trust

·    Māngere Mountain Education Trust

·    Te Uru Waitākere Contemporary Gallery Incorporated

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve appointment of one member to the Airport Noise Community Consultative Group and delegate to the Mayor to agree the appointment of the independent chair with AIAL

b)      whakaae / approve the appointment of one member to the Auckland Town Hall Organ Trust board

c)      whakaae / approve the appointment of one member to the Friends of the Botanic Gardens Society Incorporated and delegate the appointment of one member to the Manurewa Local Board.

d)      whakaae / approve the appointment of two members to the Kaipara Moana Remediation Joint Committee and delegate the appointment of one member to the Rodney Local Board

e)      tautapa / delegate the power to make appointments to the following entities:

i)        Mount Albert Grammar School Swimming Pool Trust to Albert-Eden/Puketāpapa Local Board

ii)       Te Puru Community Charitable Trust to Franklin Local Board

iii)      Māngere Mountain Education Trust to Māngere-Ōtāhuhu Local Board

iv)      Te Uru Waitākere Contemporary Gallery Incorporated to Waitākere Ranges Local Board.

Horopaki

Context

4.       The council has the power to make appointments to the boards of a wide range of organisations. Council becomes involved with these organisations in various ways including:

·    through a provision in legislation

·    under a trust deed, incorporated society constitution or similar document

·    as a requirement of a resource consent or other planning instrument.

5.       The power to make appointments to external entities generally sits with the Governing Body unless otherwise specified. Where the activities of an entity are focussed on a local area it is usually appropriate for the appointment of council representatives to be delegated to the relevant local board.

6.       The appointments discussed below need to be made now to ensure council representation on these entities at their next meeting.

Tātaritanga me ngā tohutohu

Analysis and advice

Airport Noise Community Consultative Group (ANCCG)

7.       The ANCCG is an independently chaired group that makes recommendations to Auckland International Airport Limited (AIAL) on aircraft noise issues and concerns that arise from the airport’s operations and activities.

8.       The ANCCG is established under the conditions of Auckland Airport’s designation in the Auckland Council Unitary Plan.

9.       The Governing Body is responsible for appointing one member and jointly agreeing with AIAL the appointment of an independent chair. The current chair is Catherine Harland.

10.     The Māngere-Ōtāhuhu, Ōtara-Papatoetoe, Manurewa, Howick, Franklin, Maungakiekie-Tāmaki, Albert-Eden, Puketāpapa, Whau, Ōrākei, Waitākere Ranges and Papakura Local Boards also make one appointment each under the terms of the designation.

11.     The Governing Body is asked to appoint one member to the ANCCG and one member as an alternate for a three-year term. Councillor Alf Filipaina represented the Governing Body in the previous term.

12.     The Governing Body is also asked to delegate the responsibility to agree the chairperson of the group with AIAL to the Mayor.

13.     The next meeting of the ANCCG is on 19 December.

Auckland Town Hall Organ Trust

14.     The trust was established in 2006 to manage the reinstatement of the Town Hall organ, ongoing maintenance and providing the organ for use in events and by students for the benefit of the public.

15.     Council may appoint up to two trustees although in practice only one member has been appointed. There is no requirement that the appointee be an elected representative. Councillor Desley Simpson represented the council in the previous term.

16.     The Governing Body is asked to appoint one member to the board of the Town Hall Organ Trust for a three-year term.

17.     The next meeting of the trust is on 30 November.


 

 

Friends of the Auckland Botanic Gardens Incorporated

18.     The Friends of Auckland Botanic Gardens is an incorporated society established to promote and support the development of the Auckland Botanic Gardens. The management of the society rests in a board of trustees (policy and financial matters) and an executive committee (day to day operations).

19.     There is provision for up to two appointments to be made by Auckland Council to the board of trustees. The appointees must be elected members and their term of office ends at the following local government elections.

20.     The Governing Body is asked to appoint one member to the board for a three-year term and confirm the delegation of one appointment to the Manurewa Local Board. Councillor Daniel Newman represented the Governing Body in the previous term.

21.     The board meets as required and does not have a set schedule at present.

Kaipara Moana Remediation Joint Committee (KMRJC)

22.     The Kaipara Moana Remediation Programme was established in October 2020 with the signing of a memorandum of understanding between Kaipara mana whenua (collectively known as Kaipara Uri), Northland Regional Council (NRC), Auckland Council and the Minister for the Environment.

23.     The programme aims to reduce sediment flowing into Kaipara Moana (Kaipara Harbour) as the first step to restore the mauri and environmental health of the harbour and its catchment.  It will receive $100 million of Crown grant funding over its first six to eight years of operation, matched by $80 million from landowners and other sources and $10 million from each of NRC and Auckland Council.

24.     The KMRJC is established as a joint committee under the Local Government Act 2002 (Schedule 7 clause 30) by the governing bodies of Auckland Council and the Northland Regional Council, in partnership with Kaipara Uri. The purposes of the Joint Committee include:

·    providing stewardship and governance over the expenditure of the Crown Grant and council funding, as well as contributions from land-owners

·    commissioning and approving remediation budgets and work-plans for the Kaipara Moana Remediation programme

·    assisting councils and Kaipara Uri in any consideration of funding arrangements with the Crown and other parties as may be required.

25.     Auckland Council may appoint three elected members to the 12-member Joint Committee. The remainder of the board is comprised of three NRC members and six Kaipara Uri members.

26.     In the previous term, Auckland Council was represented on the committee by Councillor Greg Sayers, Cr Daniel Newman and a Rodney Local Board representative (initially Phelan Pirrie and later Danielle Hancock). There is no requirement that council should appoint two governing body members and one local board member. All appointees must be elected members of Auckland Council.

27.     The Governing Body is asked to appoint two members to the KMRJC and to delegate to the Rodney Local Board the responsibility to make one appointment.

28.     The next meeting of the Joint Committee is on 29 November 2022.


 

 

Delegation of appointment powers to local boards

29.     The Governing Body is asked to approve delegations to local boards to make appointments to other entities. It is appropriate that these relationships are held by the relevant local board due to the local scope or focus to their activities. The recommended delegations are listed below:

a)   Mt Albert Grammar School Swimming Pool Trust

This trust is a non-substantive Council-controlled organisation (CCO) of Auckland Council. The trust owns the Mount Albert Aquatic Centre located on the grounds of Mount Albert Grammar School. Council has the power to appoint three board members: the chair and two trustees, one of whom must be an Albert-Eden Local Board member.

Staff recommend delegation of appointments to Albert-Eden Local Board

b)   Te Puru Community Charitable Trust

This trust is a non-substantive CCO of Auckland Council. The trust manages the community centre at Te Puru Park and supports sports, leisure, community and cultural groups in the Beachlands, Maraetai and Whitford areas. This delegation renews a previous delegation to Franklin Local Board that expired in September 2022 [APR/2020/6]. Council may appoint up to five trustees.

Staff recommend delegation of appointments to Franklin Local Board.

c)   Māngere Mountain Education Trust

This trust is a non-substantive CCO of Auckland Council. The trust administers the Māngere Mountain Education Centre which provides educational opportunities for Aucklanders of all ages to learn about Māngere Mountain and its people. Council may appoint up to four trustees.

Staff recommend delegation of appointments to Māngere-Ōtāhuhu Local Board.

d)   Te Uru Waitākere Contemporary Gallery Incorporated

This society was established to foster the practice and appreciation of art in West Auckland and to provide a public art gallery. Council may appoint a councillor or local board member as an ex-officio member of the governing committee.

Staff recommend delegation of appointments to Waitākere Ranges Local Board

30.     These delegations are in addition to delegations previously made by Governing Body in 2019 under resolution GB/2019/117.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31.     The entities discussed in this report are not bound to implement council policies including Te Tāruke-ā-Tāwhiri – Auckland’s Climate Plan but may support the aims of the plan through their work.

32.     The Kaipara Moana Remediation Joint Committee has a key role in the restoration of the ecosystems in the Kaipara Moana catchments which contributes to the implementation of Te Tāruke-ā-Tāwhiri.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33.     The appointments and delegations recommended do not have an impact on the wider council group.


 

 

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

Local impacts and local board views

34.     One of the functions of local boards is to communicate with organisations within their area. The recommended delegation of appointments to local board supports the ongoing relationship between local boards and the entities.

Tauākī whakaaweawe Māori

Māori impact statement

35.     Kia ora Tāmaki Makaurau is the Māori outcomes framework for Tāmaki Makaurau. The framework includes that mana whenua and Māori are active partners, decision-makers and participants alongside the Auckland Council Group and that Mana whenua exercise kaitiakitanga. The KMRJC is an example of both of these outcomes, as mana whenua are represented on the committee and the exercise of kaitiakitanga is core to the purpose of the committee.

36.     The ANCCG includes two mana whenua representatives which supports their role as active partners alongside the Auckland Council Group.

Ngā ritenga ā-pūtea

Financial implications

37.     There are no financial implications of making these appointments and the appointments discussed are unpaid, voluntary positions.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38.     These appointments ensure council representation in the governance of the entities discussed.

Ngā koringa ā-muri

Next steps

39.     The relevant entities will be notified of the appointments made by Governing Body. Local Boards will be notified of delegations received from Governing Body.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

James Stephens - Senior Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Local Government Members (2022/2023) Determination 2022

File No.: CP2022/15609

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To agree on the allocation of the remuneration pool for the governing body.

Whakarāpopototanga matua

Executive summary

2.       The Authority has created a ‘governance remuneration pool’ (the pool) for the Auckland Council Governing Body to allocate between the different roles and responsibilities undertaken by councillors. The pool provides the total amount that can be paid in remuneration to councillors. The pool does not include remuneration for the mayor and local board members, which is set directly by the Remuneration Authority. The amount of the pool for Auckland Council is $2,592,269

3.       Auckland Council is required to make recommendations to the Authority on how the pool should be allocated between the councillors. The recommendations must include a rate for base councillor remuneration and rates for positions of additional responsibility that the governing body wishes to recognise. The Authority will then consider the council’s recommendations before determining the remuneration payable to members.

4.       The new rates for additional responsibilities cannot be paid until a notice is placed in the New Zealand Gazette The council is required to submit its proposal by 27 January 2023 in order for the Authority’s determination to be gazetted in late February / early March 2023. 

5.       Remuneration for a member with no additional responsibilities will be back-dated to the day following the election declaration.  Remuneration for a member with remuneration that recognises additional responsibilities will be back-dated to the day following the Governing Body resolution on the remuneration.

6.       The Mayor will circulate a proposal for the allocation of the pool prior to today’s meeting.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the following allocation of the Auckland Council governance remuneration pool.

 

Horopaki

Context

7.       The Authority is the independent body set up by Parliament to handle the remuneration of key office holders such as Judges, members of Parliament, local government representatives, and some individual office holders and board members of independent statutory bodies.

8.       The Authority sets the remuneration for elected positions in individual local authorities, in accordance with the Remuneration Authority Act 1977 and clauses 6 and 7A(1) and (5) of Schedule 7 of the Local Government Act 2002.


 

 

9.       Following a comprehensive review of local government sector remuneration in 2018, the Authority created three new size indices – one each for territorial authorities, regional authorities and unitary authorities – and established a new local government pay scale. The size indices are based on population, total operating expenditure, total assets and the socio-economic deprivation index. Because of its size, Auckland Council is considered an outlier and does not fit within the size index, so each year the Authority will make an informed judgement on the size of the pool.

10.     As a result of the 2018 review, a governance remuneration pool was established reflecting the size of the actual total governance roles of councils rather than the number of councillors. The pool is the total amount that must be paid in remuneration to councillors. The council can decide how it wants to allocate its pool according to its priorities and circumstances but must use the totality of the pool.

11.     This new approach requires Auckland Council to make recommendations to the Authority on how the pool should be allocated. The recommendations must include a rate for base councillor remuneration and remuneration for all positions of additional responsibility.

12.     Roles to which additional remuneration can be allocated may include internal council roles such as the deputy mayor, committee chairs or portfolio holders, as well as other roles representing the council on outside organisations or groups. The pool does not apply to the remuneration of the Mayor, which has been set by the Authority at $296,000.

Tātaritanga me ngā tohutohu

Analysis and advice

Requirements attached to the remuneration pool

13.     There are four requirements concerning the allocation of the pool:

·    the whole pool must be used but cannot be exceeded

·    Auckland Council must decide a base remuneration for councillors who have no additional responsibilities, which cannot be lower than the minimum set by the Remuneration Authority

·    for any roles which attract additional remuneration above the base rate, the council must have a formal vote which includes the following:

a title and short description of each role (i.e. what are the requirements for the councillor who undertakes it)

the proposed annual dollar value of remuneration attached to the role

14.     Following the Governing Body’s formal decision, Auckland Council will forward the proposal for this additional remuneration to the Authority for consideration and inclusion in the determination.

Principles for allocation of the remuneration pool

15.       The Mayor proposes a flatter remuneration structure than previously, which reflects that all councillors with additional responsibilities will have demanding roles with clear expectations and accountability.  Specifically:

i)        decision-making committees that are not committees of the whole will have important decision-making powers and demanding work programmes

ii)       deputy chairs are expected to work closely with chairs in undertaking the chair’s responsibilities. The Mayor envisages a team approach, rather than one where the deputy’s role is only to act as chair in their absence. This will be reflected in the Terms of Reference.

iii)      the Chief Liaison Councillor (Advisory Boards) will be expected to assist with redesign of the advisory panel structure and to have responsibility for chairing the Joint Governance Working Party. This is expected to be a significant work programme, which should be reflected in appropriate remuneration.

16.     The Mayor will complete discussions with councillors on the allocation of the pool and circulate a proposal prior to today’s meeting.

17.     The two proposed councillor directors of Auckland Transport will not require additional remuneration, as they are remunerated for that role from Auckland Transport.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     This decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decision’s implementation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     This decision does not impact upon the wider council group.

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

Local impacts and local board views

20.     This proposal does not affect local board elected members. The Authority has set local board elected member remuneration rates in the 2022/2023 Determination. The Authority has developed a separate size index for Auckland local boards that takes into account their singular characteristics and accountabilities, including their representational responsibilities for large populations.

Tauākī whakaaweawe Māori

Māori impact statement

21.     The proposals to the Remuneration Authority relate to all councillors and do not impact Māori differently to others.

Ngā ritenga ā-pūtea

Financial implications

22.     The whole pool set by the Remuneration Authority must be allocated. The council cannot exceed the allocated pool. Remuneration is factored into council’s existing budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     The proposed allocation must be advised to the Remuneration Authority by 27 January 2023 and would be gazetted early March 2023. Rates for responsibilities would be back-dated but cannot be paid until they are gazetted.

Ngā koringa ā-muri

Next steps

24.     Staff will provide the Remuneration Authority with the council’s proposed allocation of the remuneration pool.


 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Recruitment process for District Licensing Committee members 2023-2026

File No.: CP2022/13758

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To whakaae / approve the recruitment process and timeline for the District Licensing Committee chairs and members for the 2023-2026 term.

Whakarāpopototanga matua

Executive summary

2.       Auckland Council contracts the District Licensing Committee (DLC) chairs and members to hear and decide applications relating to alcohol licensing.  The contracts for the DLC are due to expire on 30 June 2023.

3.       This report seeks approval to commence the recruitment process for DLC chairs and members in November 2022.  This includes the appointment of a selection panel for the DLC interviews comprising:

·   two councillors

·   a member of the Independent Māori Statutory Board

·   two senior staff members

·   an independent DLC chair from a council other than Auckland Council.

4.       Staff propose that the District Licensing Committee’s structure comprises approximately five to six chairs and seven to nine members.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the recommended process for recruiting approximately 12 to 15 District Licensing Committee chairs and members by 30 June 2023, including using a selection panel to shortlist and interview candidates and make recommendations to the Regulatory Committee (or its equivalent) for final appointments

b)      kopou / appoint a District Licensing Committee selection panel comprising:

i)        two councillors

ii)       an Independent Māori Statutory Board member

iii)      the Hearings Manager Democracy and Engagement

iv)      the Manager Public Law, and

v)      a District Licensing Committee chair from another council to assist when interviewing an elected member

c)      to make a recommendation to the Regulatory Committee (or its equivalent) to approve the appointment of the District Licensing Committee for the period 1 July 2023 to 30 June 2026.

 

Horopaki

Context

5.       Auckland Council contracts District Licensing Committee chairs and members to hear and make decisions on applications for alcohol licences and managers’ certificates, as required by the Sale and Supply of Alcohol Act 2012.  Sections 189-193 of the Act sets out the required composition of licensing committees.

6.       The current pool comprises members who represent communities across the Auckland region.  The pool size is currently 12 people, made up of five chairs and seven members. 

7.       The current contracts for the District Licensing Committee chairs and members expires on 30 June 2023.

8.       A Chief Commissioner was appointed for the first time in 2020.  This new role has provided support to the District Licensing Committee by mentoring committee members, providing guidance to committee members and staff, contributing to the training and workshop events, developing practice notes and also monitoring the quality and consistency of decisions.

9.       The Chief Commissioner role was expected to require a commitment of 20 hours per month.  Since its inception in July 2020, the Chief Commissioner has spent on average 7 hours per month dealing with various matters. 

Tātaritanga me ngā tohutohu

Analysis and advice

District Licensing Committee recruitment process and numbers

10.     The recruitment process consists of shortlisting applicants, interviews, reference checks and final appointment by the Regulatory Committee (or its equivalent) to ensure that DLC roles are fully-contestable and that interviews can be run within reasonable timeframes.

11.     In the Sale and Supply of Alcohol Act 2012, s192 and s193 of the Act sets out the criteria for the DLC.

12.     It is anticipated approximately 20 interviews will be held for District Licensing Committee candidates. A District Licensing Committee chair from another council can provide independence on the selection panel when elected members are interviewed. 

13.     Since the DLC was first established, the number of chairs and members has been steadily decreasing as outlined on the table below. 

 

2013 – 2017

2017 – 2020

2020 – 2023

Chairs

11

6

5

Members

17

10

7

TOTAL

28

16

12

 

14.     Staff propose for the 2023-2016 term that approximately five to six chairs and seven to nine members be recruited for the District Licensing Committee.  This allows for a small increase to the number of chairs and members if appropriate.  These numbers are based on the following:

·        The reduction to five chairs this term made it challenging to keep up with the ‘on-the-papers’ workload at times when a chair took leave for holidays or illness. This was exacerbated if more than one chair took leave at the same time

·        The need to allow for peaks in workload with the ability to cover for members when they are unavailable due to work or other commitments. 

Selection panel membership

15.     The proposed membership of the selection panel is set out below.  The panel structure is designed to ensure that the panels have a strong understanding of the requirements of District Licensing Committee members and expertise in te Tiriti o Waitangi and kaupapa Māori.

DLC selection panel

Two councillors (one councillor on panel, one as a backup)

Independent Māori Statutory Board member

Hearings Manager Democracy and Engagement

Manager Public Law

Independent DLC Chair (elected member interviews only)

 

16.     The Hearings Manager and the Manager Public Law will not sit on interviews with elected members and will be replaced by an independent DLC Chair.

Recruitment timeline

17.     The proposed timeline for the DLC recruitment process is outlined in the table below.

What

Who

When

Approve recruitment process and establishment of selection panel

Governing Body

Mid-November 2022

Agree criteria for DLC candidate selection

Selection panel

Relevant staff

Nov / Dec 2022

Advertise for DLC applications

Relevant staff

December 2022

Shortlist applications

Selection panel

December 2022

Interview candidates

Selection panel

February 2023

Finalise recommendations for appointment

Selection panel

March 2023

Approve appointments

Regulatory Committee (or its equivalent)

Chief Executive

April 2023

Offer and award contracts

Relevant staff

May-June 2023

New contracts commence

DLC chairs and members

1 July 2023

Induction and training occur

Relevant staff

DLC chairs and members

July-August 2023

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     Appointing chairs and members to the District Licensing Committee has no impact on greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     The recruitment for the District Licensing Committee chairs and members is an Auckland Council process.  The proposed decisions in this report do not impact on other parts of the council group.

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

Local impacts and local board views

20.     Local Boards are able to object to applications for alcohol licences.  Local Boards can provide general information to their local community about licensing matters and District Licensing Committee practices. 

21.     Local Boards can speak at a hearing when they have made an objection to an application.   

22.     The local boards are an important resource for circulating recruitment information to prospective candidates who represent the diverse communities in Auckland.  Local Boards will be advised of the application dates. 

23.     Council may receive applications from elected members, and these will be evaluated on merit. Local board members can sit on DLCs, but do not sit on hearings and make decisions on applications in their own local area to avoid any conflict of interest.

Tauākī whakaaweawe Māori

Māori impact statement

24.     All DLC members are expected to have a grounding in matters of importance to Māori and an understanding of tikanga relating to hearings.  Chairs should have an understanding of local Māori communities: their aspirations, their concerns and expectations about alcohol and alcohol-related harm.  The interview process will test candidate knowledge on these matters.

25.     Staff recommend that there be a member of the Independent Māori Statutory Board on the interview panel.

Ngā ritenga ā-pūtea

Financial implications

26.     Section 186 of the Sale and Supply of Alcohol Act 2012 requires territorial authorities to appoint a District Licensing Committee.  The costs of the Auckland District Licensing Committee are met by the council.

27.     The members of the DLC are paid for the decision-making work that they carry out arising from applications to the council.  The hourly rates for DLC members are set by the Minister of Justice and are recovered through alcohol licensing fees.

28.     The Chief Commissioner is paid for their work from within the existing operational budget.

29.     The cost of advertising and recruiting new DLC members will be met within existing operational budgets. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     Council’s operations and service delivery and its ability to meet the statutory requirements of the Sale and Supply of Alcohol Act 2012 would be at risk if the recruitment process is not completed by 30 June 2023.

Ngā koringa ā-muri

Next steps

31.     The role will be advertised, and the recruitment process will commence.

32.     Following the interviews, the selection panel will make a recommendation to the Regulatory Committee (or its equivalent) to appoint the District Licensing Committee for the 2023-2026 term.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Julie McKee - Hearings  Manager

Authorisers

Kenneth Aiolupotea - General Manager Democracy and Engagement

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 

 


Governing Body

17 November 2022

 

 

Auckland Council Sponsors for Auckland Light Rail programme

File No.: CP2022/15592

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To appoint the Auckland Council Sponsors for the Auckland Light Rail project.

Whakarāpopototanga matua

Executive summary

2.       Last term, the Governing Body appointed Mayor Goff and Deputy Mayor Cashmore to be the Auckland Council Sponsors for the Auckland Light Rail programme (resolution GB/2022/36).

3.       Ministerial Sponsors are the Ministers of Finance, Transport and Housing.  Mana whenua are currently finalising their Sponsor representatives.

4.       The Sponsors provide overarching governance of the project and direction to the Auckland Light Rail Company on key policy matters.  However, each agency retains their specific decision-making responsibilities for aspects of the project.  In the case of Auckland Council, this will include any necessary changes to land-use and intensification provisions in the Auckland Unitary Plan.

5.       The resolution of the previous Governing Body still stands into this new term.  However, it is the prerogative of this Council to determine its Sponsor arrangements.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      kopou / appoint two Governing Body members as Auckland Council’s Sponsors for the Auckland Light Rail project

 

Horopaki

Context

6.       On 28 January 2022 the government announced that it was proceeding with the option recommended by the Auckland Light Rail Establishment Unit, which will see light rail in a tunnel from Wynyard Quarter to Mt Roskill, which then comes to the surface and runs alongside the SH20 motorway to the airport.

7.       This current phase of the project, the detailed planning phase, will complete the technical work required for Cabinet to make a final investment decision in the project.  This technical work includes the route, station location, extent of intensification and type of land use along the corridor, operational and financial considerations.

8.       The Cabinet decision emphasised the importance of partnership between the Crown, Auckland Council and mana whenua for the programme of work ahead.  One aspect of this is the identification of Sponsors to work together to govern the overall programme.

9.       The previous Governing Body appointed the Mayor and Deputy Mayor as Auckland Council’s Sponsors (resolution GB/2022/36). 

Tātaritanga me ngā tohutohu

Analysis and advice

10.     The resolution of the previous Governing Body to appoint the Mayor and Deputy Mayor as Sponsors still stands into this new term.  However, it is the prerogative of this Council to determine its Sponsor arrangements. 

11.     While the Sponsors will work together to govern the programme, the Crown and Council will retain their specific decision-making rights within the programme.  In Council’s case, this will include any necessary changes to land-use and intensification provisions in the Auckland Unitary Plan (in our regulatory capacity).  Council also retains the ability to hold an independent position on the merits of Auckland Light Rail project.

12.     Auckland Light Rail Ltd has since been formed as a Crown entity company governed by a Board.  The Auckland Council and Ministerial Sponsors are signatories to the Project Planning and Funding Agreement which details how Sponsors will guide and give direction to the company in the Detailed Planning Phase.

Tauākī whakaaweawe āhuarangi

Climate impact statement

13.     The decision to appoint Auckland Council Sponsors for the Auckland Light Rail programme has no climate impact. 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

14.     No consultation was undertaken across the Council group on this matter.

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

Local impacts and local board views

15.     Local boards have not been engaged on the content of this report or the decisions sought due to the regional nature of the governance arrangements.

Tauākī whakaaweawe Māori

Māori impact statement

16.     The Cabinet decision emphasised the importance of partnership between Crown, Auckland Council and mana whenua for the programme of work ahead.  The mana whenua partnership approach and sponsor representation, led by the Ministry of Transport, with assistance from council staff, is under discussion and development. This forms an integral part of understanding and representing interests of mana whenua in the project and understanding impacts on Māori.

17.     Mana whenua representation at the Sponsor level and Sponsors’ Forum Representative level is a separate process from the governance arrangements proposed in this report. 

Ngā ritenga ā-pūtea

Financial implications

18.     The appointment of Auckland Council Sponsors does not, in itself, have a financial impact.  Staff support for the Sponsors can be managed through existing budgets and work programmes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19.     There are no additional or different risks associated with the Auckland Light Rail programme arising from the appointment of Auckland Council Sponsors.

Ngā koringa ā-muri

Next steps

20.     Once Auckland Council Sponsors are appointed, they will begin the work with the other Sponsors.  It may well be that the Sponsors meet before the end of the year but this will be confirmed.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Vanessa Blakelock - Executive Officer - Chief Planning Office

Authoriser

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Governing Body Meeting Schedule for December 2022

File No.: CP2022/15553

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To whai / adopt a schedule of meeting dates and times for the governing body and its committees for December 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.       Ordinary meetings of the governing body and its committees can commence from 1 December 2022.  This is the earliest date a meeting (other than an extraordinary meeting) can be held allowing for the required public notice period.

4.       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.

5.       The requirements to give notice of meetings to the public are contained in the Local Government Official Information and Meetings Act 1987 (LGOIMA).  A schedule of meetings to be held in a month may be notified not more than 14 days and not less than five days before the end of the prior month.  Alternatively, a meeting falling on or after the 21st of a month may be notified not more than 10, not less than five working days prior to the meeting.  Under the first provision, it is possible for committees to commence meeting from 1 December 2022.

6.       It is important that a meeting schedule is set for the remainder of 2022.  A meeting schedule has been created for December 2022, taking into account the work that needs to be conducted prior to the Christmas break.  The schedule is appended as Attachment A.  There is no pattern to this schedule of meetings.

7.       A full three year meeting schedule will be considered by the governing body at its 24 November 2022 meeting.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whai / adopt the schedule of meetings for the governing body and its committees for December 2022

b)      tuhi ā-taipitopito / note that a three year schedule of meetings will be considered as part of the governing body meeting on 24 November 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Proposed Meeting Schedule for December 2022

45

     

Ngā kaihaina

Signatories

Author

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

Authoriser

Jim Stabback - Tumu Whakarae / Chief Executive

 

 


Governing Body

17 November 2022

 

 

Calendar

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