I hereby give notice that an ordinary meeting of the Performance and Appointments will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 13 December 2022

2.00pm

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Komiti mō ngā Kopounga me Te Kounga o ngā Mahi

Performance and Appointments Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Daniel Newman, JP

 

Deputy Chairperson

Cr Chris Darby

 

Councillors

Mayor Wayne Brown

 

 

Cr Christine Fletcher, QSO

 

 

Cr Lotu Fuli

 

 

Cr Richard Hills

 

 

Cr Greg Sayers

 

 

Cr John Watson

 

Ex-officio

IMSB Chaiir David Taipari

 

 

(Quorum 4 members)

 

 

 

Maea Petherick

Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

7 December 2022

Contact Telephone: +64 21 417 830

Email: maea.petherick@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Performance and Appointments Committee

13 December 2022

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ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Ngā Tamōtanga | Apologies                                                                                         5

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

3          Te Whakaū i ngā Āmiki | Confirmation of Minutes                                                    5

4          Ngā Petihana | Petitions                                                                                                5  

5          Ngā Kōrero a te Marea | Public Input                                                                           5

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

7          Ngā Pakihi Autaia | Extraordinary Business                                                              5

8          Establishment of an enduring pool for selection panels 2022-2025                       7

9          Process to make appointments to the boards of Auckland Transport and Tātaki Auckland Unlimited                                                                                                     11

10        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          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

            There are no minutes for confirmation.

 

 

4          Ngā Petihana | Petitions

 

 

5          Ngā Kōrero a te Marea | Public Input

 

 

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

 

 

7          Ngā Pakihi Autaia | Extraordinary Business


Performance and Appointments Committee

13 December 2022

 

Establishment of an enduring pool for selection panels 2022-2025

File No.: CP2022/16375

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To establish an enduring pool of Governing Body members to serve on selection panels for director appointments for the 2022-2025 term.

Whakarāpopototanga matua

Executive summary

2.       At the start of each electoral term an enduring pool of Governing Body members who can serve on selection panels for director appointments is established.

3.       Selection panels have a key role in the appointment process including screening candidates and making recommendations to the committee on the appointment of directors. 

4.       Ten members of the Governing Body have expressed an interest in membership of the enduring pool for the 2022-2025 electoral term.

 

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

a)      whakaae / approve the following as members of the enduring pool for the 2022-2025 term:

i)        Mayor Wayne Brown

ii)       Councillor Chris Darby

iii)      Councillor Christine Fletcher

iv)      Councillor Richard Hills

v)      Councillor Lotu Fuli

vi)      Councillor Kerrin Leoni

vii)     Councillor Daniel Newman

viii)    Councillor Greg Sayers

ix)      Councillor John Watson

x)      Councillor Wayne Walker

Horopaki

Context

5.       The Appointments and Remuneration Policy for Board Members of Council Organisations (the policy) requires that at the start of each electoral term, the Performance and Appointments committee establishes an enduring pool of up to ten members of the governing body.

6.       The key role for members of the enduring pool is to serve as the representatives of the governing body on appointment panels for directors of Council Controlled Organisations (CCOs) and similar entities.

7.       Up to two members of the pool may serve on each selection panel as assigned by the committee at the start of recruitment for each appointment.

8.       Selection panels are responsible for:

·    screening the long-list to ensure that candidates have the required core competencies as well as the specific skills and expertise required for the position

·    recommending a short-list of candidates, for interview, to the committee

·    interviewing short-listed candidates and assessing them against the required skills, knowledge and experience

·    reporting on its assessment of each candidate against the criteria and recommend preferred candidates for appointment to the committee.

9.       One member of the enduring pool will serve as chair of each selection panel. Chairs are responsible for:

·    providing leadership to and ensure the panel carries out its role effectively in accordance with legislative and policy requirements

·    liaise with staff to ensure the effective running of board appointment processes

·    encourage an environment of collaboration and respectful debate

·    chair panel meetings efficiently

·    represent the recommendations of the panel to the committee.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     Expressions of interest were sought for membership of the enduring pool and were received from the following ten Governing Body members:

·    Mayor Wayne Brown

·    Councillor Chris Darby

·    Councillor Christine Fletcher

·    Councillor Richard Hills

·    Councillor Lotu Fuli

·    Councillor Kerrin Leoni

·    Councillor Daniel Newman

·    Councillor Greg Sayers

·    Councillor John Watson

·    Councillor Wayne Walker.

11.     These members are therefore recommended to comprise the enduring pool for the 2022-2025 electoral term.

Tauākī whakaaweawe āhuarangi

Climate impact statement

12.     The establishment of an enduring pool will not have any identifiable impact on greenhouse gas emissions. The effects of climate change will not impact the implementation of this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

13.     There are no significant impacts on other parts of the council group associated with the establishment of the enduring pool.

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

Local impacts and local board views

14.     The enduring pool must be comprised of governing body members and local board views have not been sought.

15.     Local boards may input into the appointments process by nominating candidates.

Tauākī whakaaweawe Māori

Māori impact statement

16.     The Independent Māori Statutory Board may nominate one of their members to be a member of each selection panel.

Ngā ritenga ā-pūtea

Financial implications

17.     There are no financial implications in the establishment of an enduring pool.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

18.     There are no significant risks associated with the establishment of the enduring pool.

Ngā koringa ā-muri

Next steps

19.     The committee will nominate members of the enduring pool to serve on the selection panel at the commencement of each director recruitment.

20.     Training relevant to the role of the selection panel will be offered to members of the enduring pool.

 

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

Phil Wilson - Director, Governance & CCO Partnerships

 

 


Performance and Appointments Committee

13 December 2022

 

Process to make appointments to the boards of Auckland Transport and Tātaki Auckland Unlimited

File No.: CP2022/16583

 

  

Te take mō te pūrongo

Purpose of the report

1.       To receive information about the processes to appoint directors, establish appointment panels and to delegate decision making to allow the recruitment of one director of Auckland Transport and the Tātaki Auckland Unlimited chair.

Whakarāpopototanga matua

Executive summary

2.       Unplanned vacancies have arisen on the boards of Auckland Transport (AT) and Tātaki Auckland Unlimited (TAU).

3.       To start the recruitment process to fill the two vacancies, criteria for selecting board candidates (the brief) must be approved by the committee.

4.       The committee must also appoint up to two members of the enduring pool to serve on the selection panels for each vacancy.

5.       To allow this recruitment to proceed as quickly as possible, the committee is asked to delegate decisions to a panel consisting of the Mayor, Chair of the Independent Māori Statutory Board (IMSB) and the Chair and Deputy Chair of this committee as follows:

·    approval of the brief for one AT director and the TAU chair

·    approval to interview shortlisted candidates for one AT director and the TAU chair.

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

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

b)      tautapa / delegate to a panel consisting of the Mayor, Chair of the Independent Māori Statutory Board and the Chair and Deputy chair of the committee to:

i)        approve criteria for appointing one Auckland Transport director

ii)       approve criteria for appointing the Tātaki Auckland Unlimited chair

iii)      approve a shortlist of candidates to interview following advice from the selection panel for one Auckland Transport director

iv)      approve a shortlist of candidates to interview following advice from the selection panel for the Tātaki Auckland Unlimited chair

c)      kopou / appoint up to two members of the enduring pool to represent the council on the selection panels for the Auckland Transport director and Tātaki Auckland Unlimited chair vacancies

d)      tuhi ā-taipitopito / note that the Independent Māori Statutory Board has been invited to nominate a member to be serve on each of the selection panels for one Auckland Transport director and the Tātaki Auckland Unlimited chair.

i)        whakaae / approve a shortlist of candidates to interview following advice from the selection panel for the Tātaki Auckland Unlimited chair.

Horopaki

Context

6.       Council makes appointments to CCOs in accordance with the Appointment and Remuneration Policy for Board Members of Council Organisations (the policy) and the appointment process is summarised in Figure 1 below.

Figure 1: Appointments Process

7.       The common criteria sought for all director appointments are as follows:

·    uphold the principles of the Treaty of Waitangi and being ready to promote improved outcomes for Māori and knowledge of Te Ao Māori and established Māori networks

·    demonstrate appropriate accountability and responsiveness to the Governing Body and the public and a commitment to a public sector ethos

·    demonstrate financial accountability with close review of current and proposed activities to deliver value for money

·    commitment to integrate Te-Tāruke-ā-Tawhiri: Auckland’s Climate Plan into the strategies and operations of the CCOs.

·    driving appropriate leadership and cultural response to deliver the required outcomes (and/or deliver on targets identified)

·    commitment to collaborate across the CCO family

·    demonstrate inclusive and adaptive leadership to harness the benefits of diversity.

8.       The following additional skills are sought for chairs:

·    strong leadership skills

·    political acumen

·    strong interpersonal and relationship building skills

·    sophisticated, analytically based, decision-making skills

·    effective communication skills

·    integrity and credibility within relevant sectors.

Selection panels

9.       The selection panel for each director appointment are comprised as follows:

·    one or two members of the enduring pool

·    a member nominated by the IMSB

·    Mayoral Chief of Staff

·    the chair of the relevant CCO (ex-officio)

·    Chief Executive of Auckland Council (ex-officio).

Auckland Transport

10.     Auckland Council may appoint up to eight members of the AT board and there must be no less than six voting members of the board at any time (Local Government (Auckland Council) Act 2009 s43(2)(a)).

11.     There are currently seven members appointed by council and one position vacant on the board. The recent movements on the AT board are as follows:

·    8 October 2022: resignation of Chair Adrienne Young-Cooper. Deputy chair Wayne Donnelly becomes the Acting Chair

·    4 November 2022: resignation of director Tommy Parker

·    17 November 2022: appointment of Councillor Andy Baker and Councillor Mike Lee to the AT board [GB/2022/111]

·    28 November 2022: resignation of director Jim Mather.

Tātaki Auckland Unlimited

12.     TAU has a chair vacancy caused by the passing of Mark Franklin in November 2022. Deputy Chair Jennah Wootten is the Acting Chair.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     The approval of a brief is the first step in the process to appoint directors. Because the vacancies on the AT and TAU board are unplanned, a brief has not been completed for these vacancies.

14.     Filling both vacancies will help to ensure that both boards have the breadth of skillsets required to govern these CCOs and that there is sufficient membership to carry the workload of the boards. A well-functioning board is essential to enable the implementation of the strategic direction set for the CCOs by council.

15.     Briefs for these vacancies will be developed by staff in consultation with the acting chairs of AT and TAU. These briefs will include the core competencies required for all directors under the policy and specific skills and experience sought for each board. 

Process recommended

16.     To allow recruitment to commence before the next scheduled meeting of the committee, staff recommend that the committee delegate approval for the brief to a panel consisting of the Mayor, Chair of the IMSB and the Chair and Deputy chair of the committee.

17.     Staff also recommend that the committee delegate the approval of shortlisted candidates for interview to the same panel to reduce the overall time that the appointment process takes.

18.     The final approval of appointments will be a decision of the full committee.

19.     Where decisions are delegated, members of the committee will be informed of the progress by memoranda as decisions are made.

20.     A review of the policy will take place in 2023 and will include consideration of whether the process outlined in Figure 1 remains suitable for council.

21.     An indicative timeframe for both the AT and TAU board member recruitment processes is noted in Table 1 below:

Table 1: Indicative timeline for AT and TAU board appointments

Indicative timeline

Process step

December 2022

Finalise brief (under delegation)

Late January/February 2023

Candidate search (six weeks)

14 February (Performance and Appointments Committee meeting)

Committee receives an update on the recruitment progress

March 2023

Approval of shortlist (under delegation)

Interview of candidates

9 May 2023 (Performance and Appointments Committee meeting)

Committee decision on appointments.

 

22.     Staff propose that the candidate search starts in late January because potential candidates are expected to be less available during the New Years period. Starting the search in late January will help to ensure that the best possible candidates are available for consideration.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     The appointment of the best possible directors to the CCOs boards will have a positive impact on the council group.

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

Local impacts and local board views

25.     Board appointments to CCOs are the role of the Governing Body. Local boards can participate in the nomination process for each director vacancy. The nomination of a candidate requires the consent of that candidate.

Tauākī whakaaweawe Māori

Māori impact statement

26.     Kia ora Tāmaki Makaurau sets as a mahi objective that: "Mana whenua and Māori are active partners and participants at all levels of the council group's decision making".

27.     An Independent Māori Statutory Board member is involved in the appointment process by being a member of the selection panel. This ensures that a Māori perspective informs the recommendations of the selection panel during the shortlisting, interviewing and appointment processes.

28.     The Independent Māori Statutory Board is also represented on this committee.  This ensures a Māori perspective is brought to the decision-making process, and that the Independent Māori Statutory Board’s views are considered by the committee.

Ngā ritenga ā-pūtea

Financial implications

29.     The costs associated with these appointments will be met from existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     There are risks common to all board appointments. These are:

·    reputational risk of appointing candidates without appropriate skills or governance experience. To mitigate this potential risk, a thorough due diligence process is in place.

·    governance risk of creating an unbalanced board where the skills of the board do not match those needed to effectively guide the organisation. In the initial stages of the recruitment this risk will be mitigated by identifying and setting appropriate criteria in the briefs.

Ngā koringa ā-muri

Next steps

31.     Briefs will be prepared by staff for the consideration of the Mayor, Chair of the IMSB and Chair and Deputy Chair of this committee.

32.     Once approved, staff will start the process indicated in Table 1.

 

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

Phil Wilson - Director, Governance & CCO Partnerships