Minutes of Governing Body - Thursday, 23 February 2023

Governing Body

23 February 2023

1 Ngā Tamōtanga | Apologies

Resolution number GB/2023/4

MOVED by Mayor W Brown, seconded by Cr W Walker:

That the Governing Body:

a) accept the apologies from:

Absence

Cr A Filipaina, on council business

Lateness

Cr R Hills

CARRIED

Electronic Attendance

Resolution number GB/2023/5

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

That the Governing Body:

a) approve electronic attendance under Standing Order 3.3.3 for:

· Cr A Filipaina (SO 3.3.3 a))

· Cr C Fletcher (SO 3.3.3 b))

· Cr L Fuli (SO 3.3.3 b))

CARRIED

Note: Cr Filipaina had tendered apologies for absence, however, it was possible he may be able to jon the meeting.

Subsequently Cr Filipaina joined the meeting via electronic link at 10.12am during Item 4.1.

Te Mihi | Acknowledgement

Cr W Walker acknowledged the recent passing of Jill Thorn

Jill Thorne

Jill Thorne was an integral part in raising awareness of the harmful use of herbicides in the community used by Council resulting in the 1999 adoption of Councils Weed Management Policy.

Cr C Darby entered the meeting at 10.07am.

Cr A Dalton entered the meeting at 10.08am.

2 Te Whakapuaki i te Whai Pānga | Declaration of Interest

There were no declarations of interest.

3 Te Whakaū i ngā Āmiki | Confirmation of Minutes

Resolution number GB/2023/6

MOVED by Cr W Walker, seconded by Deputy Mayor D Simpson:

That the Governing Body:

a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday,
15 December 2022 and the extraordinary minutes of its meeting, held on Friday,
10 February 2023, as a true and correct record.

b) whakaū / confirm the extraordinary minutes of the Emergency Committee meeting, held on Wednesday, 15 February 2023, as a true and correct record.

CARRIED

4 Ngā Kōrero a te Marea | Public Input

4.1	Public Input: Whau Coastal Walkway Environmental Trust - Te Whau Pathway Project
	Tony Miguel, Chairperson, Iris Donoghue MNZM, Patron and Ross Clow, Patron of the Whau Coastal Walkway Environment Trust will speak to the Governing Body regarding Item 12 - Te Whau Pathway Project.
	Cr A Filipaina joined the meeting at 10.12am. Cr R Hills entered the meeting at 10.16am.
	Resolution number GB/2023/7 MOVED by Cr K Leoni, seconded by Cr S Henderson: That the Governing Body: a) whiwhi / receive the public input from representatives of the Whau Coastal Walkway Environment Trust regarding Item 12 - Te Whau Pathway Project and whakamihi / thank them for their attendance. CARRIED
	Attachments a 23 February 2023, Governing Body: Item 4.1 - Public Input: Whau Coastal Walkway Environmental Trust - Te Whau Pathway Project, Presentation

Electronic Attendance

Resolution number GB/2023/8

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

That the Governing Body:

a) approve electronic attendance under Standing Order 3.3.3 for:

· Cr G Sayers (SO 3.3.3 c))

CARRIED

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

5.1	Local Board Input: Whau Local Board - Te Whau Pathway Project
	Cr G Sayers joined the meeting at 10.45am.
5.2	Local Board Input: Henderson - Massey Local Board - Te Whau Pathway Project
	Kay Thomas, Chair Whau Local Board and Chris Carter, Chair Henderson-Massey Local Board were in attendance to address the Governing Body regarding the Te Whau Pathway Project.
	Resolution number GB/2023/9 MOVED by Cr S Henderson, seconded by Cr K Leoni: That the Governing Body: b) whiwhi / receive the local board input from the chairs of Whau Local Board and Henderson-Massey Local Board regarding Item 12 - Te Whau Pathway Project and whakamihi / thank them for their attendance. CARRIED

6 Ngā Pakihi Autaia | Extraordinary Business

There was no extraordinary business.

Chief Executive and Group Chief Financial Officer Update

A written monthly update had been circulated prior to the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Cr C Darby left the meeting at 11.18am.

Note: amended wording of the original report recommendation were made by staff and agreed to by the meeting.

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:

That the Governing Body:

a) tuhi ā-taipitopito / note:

i) the information provided in this report, the attachment circulated prior to the meeting and verbally presented by the Chief Executive, Group Chief Financial Officer and Chief Economist

ii) the January 2023 performance reports for the Auckland Council Group, Auckland Council and each of the group entities including the council-controlled organisations and Ports of Auckland Limited will be provided to the Governing Body via memo once the final half year NZX release is released to the NZX on 28 February 2023.

iii) whakamihi/thank all staff for their contribution in the recovery effort during the recent storm events.

The meeting adjourned at 11.38am and reconvened at 11.48am.

Resolution number GB/2023/10

MOVED by Cr W Walker, seconded by Cr M Williamson: an amendment by way of addition:

That the Governing Body:

c) tuhi ā-taipitopito / note the financial situation facing Council in light of the forecast $295 million operational budget shortfall and recent severe weather events and ongoing economic uncertainty

d) whakaae / agree to encourage the Chief Executive, Local Boards and Council Controlled Organizations to closely scrutinise and manage any spending and, where possible, consider stopping or limiting new discretionary spending

e) tono / request staff to report back to the next meeting of the Expenditure Control and Procurement Committee on defining the scope of discretionary spend, options for managing or controlling discretionary spend and any implications of stopping or limiting such spend.

A division was called for, voting on which was as follows:

For

Mayor W Brown

Cr C Fletcher

Cr M Lee

Cr D Newman

Cr G Sayers

Deputy Mayor D Simpson

Cr S Stewart

Cr K Turner

Cr W Walker

Cr J Watson

Cr M Williamson

Against

Cr A Baker

Cr J Bartley

Cr A Dalton

Cr J Fairey

Cr A Filipaina

Cr L Fuli

Cr S Henderson

Cr R Hills

Cr K Leoni

Abstained

The motion was declared carried by 11 votes to 9.

CARRIED

The substantive motion was put.

Resolution number GB/2023/11

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:

That the Governing Body:

a) tuhi ā-taipitopito / note:

i) the information provided in this report, the attachment circulated prior to the meeting and verbally presented by the Chief Executive, Group Chief Financial Officer and Chief Economist

iii) whakamihi/thank all staff for their contribution in the recovery effort during the recent storm events.

b) tuhi ā-taipitopito / note the financial situation facing Council in light of the forecast $295 million operational budget shortfall and recent severe weather events and ongoing economic uncertainty

c) whakaae / agree to encourage the Chief Executive, Local Boards and Council Controlled Organizations to closely scrutinise and manage any spending and, where possible, consider stopping or limiting new discretionary spending

d) tono / request staff to report back to the next meeting of the Expenditure Control and Procurement Committee on defining the scope of discretionary spend, options for managing or controlling discretionary spend and any implications of stopping or limiting such spend.

CARRIED

Note: Under Standing Order 1.8.6 the following councillors requested that their dissenting votes against clauses b), c) and d), be recorded:

· Cr J Bartley

· Cr A Dalton

· Cr A Filipaina

· Cr S Henderson

Attachments

a 23 February 2023, Governing Body: Item 7 - Chief Executive and Group Chief Financial Officer Update, Monthly Update

Approval of Auckland Council's submission on the Draft Report of the Future for Local Government Review Panel

Resolution number GB/2023/12

MOVED by Cr A Dalton, seconded by Cr J Bartley:

That the Governing Body:

a) whakaae / approve the council’s submission (Attachment A of the agenda report) in response to He mata whāriki, he matawhānui, the Future for Local Government Review Panel’s Draft Report, inclusive of changes agreed at this meeting.

b) tautapa / delegate final approval of the council’s submission to the Mayor and Deputy Mayor and a member of the Independent Māori Statutory Board.

CARRIED

9	Auckland Council's submission on the Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill
	The draft submission had been circulated prior to the meeting. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Resolution number GB/2023/13 MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson: That the Governing Body: a) whakaae / approve Auckland Council’s submission on the Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill. b) tautapa / delegate to the Mayor and Deputy Mayor the final approval of council’s submission as a result of any feedback from the Governing Body. c) tautapa / delegate to the Mayor or his representative/s the authority to speak to the submission on behalf of the Governing Body at the Finance and Expenditure Select Committee. CARRIED
	Attachments a 23 February 2023, Governing Body: item 9 - Auckland Council's submission on the Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill, Draft Submission

The meeting adjourned at 12.54pm and reconvened at 1.25pm.

Cr R Hills and Cr K Leoni were not present.

10	Amendments to the Governing Body Terms of Reference and to the Constitution of Ports of Auckland Limited
	At its meeting of 21 February 2023, the Performance and Appointments Committee resolved as follows: “Resolution number PACCC/2023/4 MOVED by Chairperson D Newman, seconded by Cr L Fuli: That the Performance and Appointments Committee: b) whakaae / agree to recommend to the Governing Body that the frequency of Performance and Appointments committee meetings is increased to monthly c) whakaae / agree recommend to the Governing Body that it delegates responsibility for appointments to the Ports of Auckland board to the Performance and Appointments committee and revoke the delegation to the Ports of Auckland Appointments Panel d) whakaae / agree subject to the Governing Body delegating responsibility for Ports of Auckland Limited Board appointments to the Performance and Appointments Committee, amend the Appointments and Remuneration Policy for Board Members of Council Organisations so that the Ports of Auckland Limited section mirrors the section for substantive CCOs e) tautapa /delegate to the Chair and Deputy Chair of Performance and Appointments Committee and the Chair of the IMSB authority to approve minor consequential amendments to the Appointment and Remuneration Policy for Board Members of Council Organisations to give effect to clause d). f) whakaae / agree to recommend to the Governing Body that the necessary steps are taken to amend the Ports of Auckland Limited constitution so that: i) the term length for board members is up to three years. On expiry of the three-year term a director will be eligible for reappointment. No director will be appointed for more than three consecutive terms of three years ii) the shareholder appoints the chair and deputy chair of the board.”
	Cr R Hills returned to the meeting at 1.26pm. Cr K Leoni returned to the meeting at 1.26pm. Cr C Darby returned to the meeting at 1.27pm.
	Resolution number GB/2023/14 MOVED by Cr D Newman, seconded by Cr M Lee: That the Governing Body: a) whakaae / approve an amendment to the Governing Body Terms of Reference so that the Performance and Appointments Committee meets monthly b) tautapa / delegate decision-making responsibility to the Performance and Appointments Committee for appointments to, and removals from, the Ports of Auckland Limited board c) whakakore / revoke the delegation to the Ports of Auckland Limited Appointments Panel for appointments to the Ports of Auckland Limited board d) tautapa / delegate to the Director, Governance and CCO Partnerships power to make the necessary amendments to the Governing Body Terms of Reference to give effect to clauses a), b) and c) e) whakaae / approve amendments to the Ports of Auckland Limited constitution (subject to approval from the Minister of Transport) so that: i) the term length for board members is up to three years. On expiry of the three-year term a director will be eligible for reappointment. No director will be appointed for more than three consecutive terms of three years ii) the shareholder appoints the chair and deputy chair of the board f) tautapa / delegate to the Mayor to write to the Minister of Transport to seek approval for the changes to the Ports of Auckland Limited constitution g) tautapa / delegate to the Director, Governance and CCO Partnerships to make the required amendments to the Ports of Auckland Limited constitution, subject to approval by the Minister of Transport. CARRIED

Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Report

At its meeting on 20 February 2023, the Audit and Risk Committee resolved as follows:

“Resolution number ARCCC/2023/9

MOVED by Member P Connell, seconded by Member C Crowley:

That the Audit and Risk Committee:

a) tuhi ā-taipitopito / note the information in this reporting and associated health, safety, and wellbeing indicators

b) refer this report to the Governing Body and recommend that the Governing Body forwards this report to local boards for their information.”

Resolution number GB/2023/15

MOVED by Deputy Mayor D Simpson, seconded by Cr J Fairey:

That the Governing Body:

a) tuhi ā-taipitopito / note the Auckland Council's Health, Safety and Wellbeing (HSW) performance report (presented to the Audit and Risk Committee on 20 February 2023) and any commentary from the Audit and Risk Committee

b) tuku ki tangata kē / forward the report to all local boards for their information.

CARRIED

Te Whau Pathway Project - options to complete three areas

Resolution number GB/2023/16

MOVED by Cr S Henderson, seconded by Cr K Leoni:

That the Governing Body:

a) tuhi ā-taipitopito / note the information about the Te Whau Pathway Project – options to complete three sections

b) tuhi ā-taipitopito / note the report in the confidential section of the agenda on options and potential future funding sources

c) tuhi ā-taipitopito / note that the report is confidential due to the financial implications under negotiation with central government, project partners and contractors.

CARRIED

Summary of Governing Body and Committee information memoranda and briefings - 23 February 2023 including the Governing Body Forward Work Programme

Resolution number GB/2023/17

MOVED by Deputy Mayor D Simpson, seconded by Cr W Walker:

That the Governing Body:

a) whiwhi / receive the Summary of Governing Body and other committee information memoranda and briefings – 23 February 2023.

CARRIED

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

There was no consideration of extraordinary items.

15 Procedural motion to exclude the public

Resolution number GB/2023/18

MOVED by Deputy Mayor D Simpson, seconded by Cr K Leoni:

That the Governing Body:

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

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

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

C1 CONFIDENTIAL: Te Whau Pathway Project - options to complete three areas

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

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

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

In particular, the report contains financial implications under negotiation with central government, project partners and contractors.

s48(1)(a)

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

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

CARRIED

1.47pm The public was excluded.

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

2.14pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

CONFIDENTIAL: Te Whau Pathway Project - options to complete three areas

Resolution number GB/2023/19

MOVED by Mayor W Brown, seconded by Cr S Henderson:

That the Governing Body:

Restatement

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

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

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Governing Body HELD ON

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

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

Mayor	Wayne Brown
Deputy Mayor	Cr Desley Simpson, JP
Councillors	Cr Andrew Baker
	Cr Josephine Bartley
	Cr Angela Dalton	From 10.08am
	Cr Chris Darby	From 10.07am, until 11.17, item 7
	Cr Julie Fairey
	Cr Alf Filipaina, MNZM	via electronic link From 10.12am, Item 4.1
	Cr Christine Fletcher, QSO	via electronic link
	Cr Lotu Fuli	via electronic link
	Cr Shane Henderson
	Cr Richard Hills	From 10.16am, item 4.1
	Cr Mike Lee
	Cr Kerrin Leoni
	Cr Daniel Newman, JP
	Cr Greg Sayers	via electronic link From 10.45am, item 5.1
	Cr Sharon Stewart, QSM
	Cr Ken Turner
	Cr Wayne Walker
	Cr John Watson
	Cr Maurice Williamson

	Chris Carter, Chair	Henderson-Massey Local Board
	Kay Thomas, Chair	Whau Local Board