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Tira Hautū / Governing Body
OPEN MINUTES
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Minutes of a meeting of the Governing
Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street,
Auckland on Thursday, 23 March 2023 at 9.03am.
Te Hunga kua
Tae mai | present
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Mayor
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Wayne Brown
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Deputy
Mayor
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Cr Desley
Simpson, JP
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Councillors
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Cr Andrew
Baker
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Cr Josephine
Bartley
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Cr Angela
Dalton
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From 9.18am, Item
4.1
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Cr Chris Darby
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Cr Julie
Fairey
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Cr Alf Filipaina,
MNZM
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Via electronic
link
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Cr Lotu Fuli
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Via electronic
link
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Cr Shane
Henderson
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Cr Richard
Hills
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From 9.32am, Item
4.3
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Cr Mike Lee
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Cr Kerrin
Leoni
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Cr Daniel
Newman, JP
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Cr Greg Sayers
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Via electronic
link,
From 9.20am, Item
4.2
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Cr Sharon
Stewart, QSM
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Cr Ken Turner
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From 9.12am,
Item 4.1
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Cr Wayne
Walker
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Cr John Watson
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From 9.12am,
Item 4.1
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Cr Maurice
Williamson
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Te Hunga Kāore i Tae Mai | ABSENT
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Councillor
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Cr Christine
Fletcher
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He Hunga atu anō i Tae mai | IN ATTENDANCE
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Nick Hill,
Chief Executive
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Tātaki Auckland Unlimited
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Justine White
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Tātaki Auckland Unlimited
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Richard Clarke
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Tātaki Auckland Unlimited
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Malcolm Lawry
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Tātaki Auckland Unlimited
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Governing Body
23 March 2023
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1 Ngā Tamōtanga | Apologies
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
4 Ngā Kōrero a te Marea | Public Input
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4.1
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Public Input: Local Government New
Zealand - Local Government New Zealand Membership
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Cr J
Watson entered the meeting at 9.12am.
Cr K Turner entered the meeting at 9.12am.
Cr A Dalton returned to the meeting at 9.18am.
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Resolution
number GB/2023/23
MOVED by Cr C Darby, seconded by Cr K Leoni:
That
the Governing Body:
a) whiwhi
/ receive the public input from Stuart Crosby and Scott Necklen on behalf of
Local Government New Zealand regarding Local Government New Zealand
Membership.
CARRIED
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4.2
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Public Input: Auckland Young Elected
Member Network - Local Government New Zealand Membership
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Cr G
Sayers entered the meeting at 9.20am.
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Resolution
number GB/2023/25
MOVED by Mayor W Brown, seconded by Cr K Leoni:
That
the Governing Body:
a) whiwhi
/ receive the public input from Logan Soole and Nerissa Henry on behalf of
the Auckland Young Elected Member Network regarding Local Government New
Zealand Membership.
CARRIED
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4.3
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Public Input: Anna Radford - Auckland
Council’s co-governance obligations and responsibilities
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A supporting document 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.
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Cr R Hills entered the meeting at
9.32am.
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Resolution
number GB/2023/26
MOVED by Cr J Watson, seconded by Cr W Walker:
That the Governing Body:
a)
whiwhi / receive Anna Radford’s
input regarding “A call for Auckland Council to review how it currently
delivers its Tūpuna Maunga Authority co-governance obligations and
responsibilities, to ensure it demonstrably delivers ‘common
benefit’ to ‘the other peoples of Auckland” and whakamihi /
thank her for her attendance.
b)
tono / request staff to report back
to the Governing Body or to a workshop on the matters raised.
A division was called for, voting on which was as
follows:
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For
Cr A Baker
Mayor W Brown
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
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Against
Cr J Bartley
Cr A Dalton
Cr C Darby
Cr J Fairey
Cr A Filipaina
Cr L Fuli
Cr S Henderson
Cr R Hills
Cr K Leoni
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Abstained
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The
motion was declared carried
by 11 votes to 9.
CARRIED
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Attachments
a 23 March 2023, Governing Body: Item 4.3 - Public
Input: Anna Radford - Auckland Council’s co-governance
obligations and responsibilities, Supporting Document
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Note: Under
Standing Order 1.8.6 Cr J Bartley requested her dissenting vote against
clause b), be recorded.
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5 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
There was no
local board input.
6 Ngā Pakihi Autaia | Extraordinary Business
There was no
extraordinary business.
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7
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Chief Executive and Group Chief Financial
Officer Update
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Resolution
number GB/2023/27
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) whiwhi
/ receive the information provided in this report, the monthly financial
dashboard circulated prior to the meeting and verbally presented by the Chief
Executive and Group Chief Financial Officer.
CARRIED
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8
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Auckland Council Group and Auckland Council
Quarterly Performance Reports for the six months ended 31 December 2022
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The monthly
performance dashboard had been circulated prior to the meeting. A
PowerPoint presentation was given in support of the item.
Copies have
been placed on the official minutes and are available on the Auckland Council
website as a minutes attachments.
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Resolution
number GB/2023/28
MOVED by Deputy Mayor D Simpson, seconded by Cr M
Williamson:
That
the Governing Body:
a) whiwhi / receive
the Auckland Council Group and Auckland Council quarterly performance reports
for the six months ended 31 December 2022.
CARRIED
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Attachments
a 23 March 2023, Governing Body: Item 8 -
Auckland Council Group and Auckland Council Quarterly Performance Reports for
the six months ended 31 December 2022, Monthly Performance Dashboard
b 23 March 2023, Governing Body: Item 8 -
Auckland Council Group and Auckland Council Quarterly Performance Reports for
the six months ended 31 December 2022, Presentation
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The meeting adjourned at 10.50am and
reconvened at 11.06am.
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9
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Treasury Management Policy update and the
provision of treasury services to Ports of Auckland Limited by Auckland
Council
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Resolution
number GB/2023/29
MOVED by Cr C Darby, seconded by Cr W Walker:
That
the Governing Body:
a) whakaae / approve the revised Treasury
Management Policy (Attachment A).
b) whakaae
/ approve the provision of treasury services to Ports of Auckland Limited by
Auckland Council including the provision of a Revolving Advance Facility with
a limit of $600 million, subject to adjustment if any existing debt of POAL
is not refinanced or novated to council.
c) tautapa
/ delegate to the Group Chief Financial Officer the authority to execute the
relevant documents relating to the provision of treasury services to Ports of
Auckland Limited by Auckland Council both initially and in an ongoing
capacity.
CARRIED
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10
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Options for treatment of rates for
properties affected by recent storm events and alternative support options
for Aucklanders
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Note: the
following was moved as chair’s recommendations.
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Resolution
number GB/2023/30
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) whakaae
/ agree to request officers to use the Miscellaneous Remissions Policy to
remit the base waste management targeted rate and the refuse waste management
targeted rate for the second half of the 2022/2023 year for properties red
stickered at a cost of $40,000 as this is a service based charge which these
ratepayers cannot use.
b) whakaae
/ agree to request officers to continue to remit penalties on red and yellow
stickered properties who miss their February and May rates instalments and to
continue to provide other existing support options as set out in this report.
c) whakaae
/ agree to reopen the Emergency Relief Fund and increase it by $1 million,
with those additional funds being available to be allocated based on need to
rates relief for Q3 and Q4, for those with properties that are uninhabitable
as a result of recent severe weather (including red-stickered, yellow-stickered
and white-stickered properties).
d) tono / request that officers report back to the Governing Body on how
these funds have been allocated and other options for relief if there is
unmet need.
e) tono / request that officers ensure that the process is as simple as
possible for people with uninhabitable properties.
CARRIED
UNANIMOUSLY
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11
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Funding and supplier recommendation for Te
Hā Noa - Victoria Street Linear Park
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Feedback from
the Auckland City Centre Residents was circulated prior to the meeting.
A PowerPoint
presentation was given in support of the item.
Copies have
been placed on the official minutes and are available on the Auckland Council
website as a minutes attachments.
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Note: the
following was moved as chair’s recommendations.
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Resolution
number GB/2023/31
MOVED by Mayor W Brown, seconded by Cr C Darby:
That
the Governing Body:
a) tuhi
ā-taipitopito / note that the information contained in this report, on
allocation of city centre targeted rate funding to Te Hā Noa –
Victoria Street Linear Park project and supplier recommendations for the Te
Hā Noa project, enables transparency on the topic due for discussion in the
public excluded part of the meeting.
b) tuhi
ā-taipitopito / note that the confidential report contains information
that could prejudice the council's position in negotiations with suppliers.
c) tono / request that officers work with Auckland Transport and the City
Centre Advisory Panel to ensure that city centre works associated with this
project are timed so that efficient movement for people and goods is
maintained across the city centre, including east-west vehicle movement, and
report back to the Transport & Infrastructure Committee at an appropriate
time on how this will be achieved.
CARRIED
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Attachments
a 23 March 2023, Governing Body: Item 11 - Funding
and supplier recommendation for Te Hā Noa - Victoria Street Linear Park,
Auckland City Centre Residents Feedback
b 23 March 2023, Governing Body: Item 11 - Funding
and supplier recommendation for Te Hā Noa, Presentation
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The meeting adjourned at 1.08pm and
reconvened at 1.37pm.
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12
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Membership of Local Government New Zealand
and Appointments
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MOVED by Mayor W Brown, seconded by Cr M Williamson:
That
the Governing Body:
a)
whiwhi / receive the feedback from local
boards as contained in Attachment B of the agenda report and as circulated
prior to the meeting.
b)
whakaae / agree that Auckland Council resign
its membership of Local Government New Zealand by giving notice.
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The motion was put in parts.
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Resolution
number GB/2023/32
MOVED by Mayor W Brown, seconded by Cr M Williamson:
That
the Governing Body:
a) whiwhi / receive the feedback from local
boards as contained in Attachment B of the agenda report and as circulated
prior to the meeting.
CARRIED
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Resolution
number GB/2023/33
MOVED by Mayor W Brown, seconded by Cr M Williamson:
That
the Governing Body:
b)
whakaae / agree that Auckland Council
resign its membership of Local Government New Zealand by giving notice.
A division
was called for, voting on which was as follows:
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For
Mayor W Brown
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
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Against
Cr A Baker
Cr J Bartley
Cr A Dalton
Cr C Darby
Cr J Fairey
Cr A Filipaina
Cr L Fuli
Cr S Henderson
Cr R Hills
Cr K Leoni
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Abstained
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The
motion was declared CARRIED.
The
chair exercised their casting vote for so the motion was Carried.
CARRIED
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At 2.52pm, it was:
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13
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Recovery from January Floods and Cyclone
Gabrielle
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A PowerPoint
presentation was given in support of the item. A copy has been placed
on the official minutes and are available on the Auckland Council website as
a minutes attachment.
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Resolution
number GB/2023/35
MOVED by Deputy Mayor D Simpson, seconded by Cr W Walker:
That
the Governing Body:
a) whiwhi
/ receive this update.
b) whakaae
/ approve an upper limit of up to
$3 million of unbudgeted costs in the current 2022/2023 financial year to
support the operation of the Recovery Coordination Office, preparation of the
Recovery Plan, retention of specialist expertise (for example Geotech and
other engineering advice), workforce and other resourcing.
CARRIED
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Attachments
a 23 March 2023, Governing Body: Item 13 -
Recovery from January Floods and Cyclone Gabrielle, Presentation
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14
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Appointment of Group Recovery Manager for
the January Floods and Cyclone Gabrielle
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This item was
withdrawn due to the process not being completed.
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15
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City Rail Link Limited Project Funding
Request
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This item was
withdrawn and referred to an Extraordinary Meeting of the Governing Body on
30 March 2023.
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16
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Governing Body's Forward Work Programme
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Resolution
number GB/2023/36
MOVED by Cr W Walker, seconded by Deputy Mayor D Simpson:
That
the Governing Body:
a) whakaae
/ approve the Governing Body’s forward work programme
b) whakaae
/ agree that the Governing Body’s forward work programme be reported
monthly for information and reviewed on a six-monthly basis in March and
September each year.
CARRIED
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18 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
There was no
consideration of extraordinary items.
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19 Procedural
motion to exclude the public
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Resolution
number GB/2023/38
MOVED by Cr D Newman, seconded by Deputy Mayor
D Simpson:
That the Governing Body:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Nick Sautner, Chief Executive and Brett Winstanley from Eden Park Trust
Board be permitted to remain for Confidential Item C4 - Eden Park Trust Board
Presentation after the public has been excluded, because of their knowledge
of the operation of Eden Park, which will help the Governing Body in its
decision-making.
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:
Appointment of Group Recovery Manager for the January Floods and Cyclone
Gabrielle
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(a)
- The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
In
particular, the report contains private information about the recommended
Group Recovery Manager (and proposed alternate should this person be
unavailable/unable to take up the appointment.
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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.
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C2 CONFIDENTIAL:
Funding and supplier recommendation for Te Hā Noa - Victoria Street
Linear Park
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
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 information that could prejudice the
council's position with potential suppliers.
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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.
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C3 CONFIDENTIAL:
City Rail Link Limited Project Funding Request
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information.
s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
The
report seeks decisions that also need to be agreed by the Crown as joint
Sponsors of City Rail LInk Limited.
The report includes information that would impact commercial negotiations
if public knowledge.
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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.
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C4 CONFIDENTIAL:
Eden Park Trust Board Presentation
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information.
s7(2)(c)(i)
- The withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment,
where the making available of the information would be likely to prejudice
the supply of similar information or information from the same source and
it is in the public interest that such information should continue to be
supplied.
In
particular, the report contains sensitive information the disclosure of
which would be likely to disadvantage Eden Park Trust's commercial
position.
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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.
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C5 CONFIDENTIAL:
Process for the Governing Body to appoint the next Chief Executive
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(a)
- The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
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, this report contains information that relates to the setting of
a recruitment process for the chief executive, and the commitee may discuss
matters relating to the person specification or potential candidates.
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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.
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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
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3.35pm 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.
5.16pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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CONFIDENTIAL: Appointment of Group
Recovery Manager for the January Floods and Cyclone Gabrielle
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This item was
withdrawn due to the process not being completed.
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C2
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CONFIDENTIAL: Funding and supplier
recommendation for Te Hā Noa - Victoria Street Linear Park
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Resolution
number GB/2023/39
MOVED by Mayor W Brown, seconded by Cr C Darby:
d) whakaū
/ confirm that the resolutions and report remain confidential until reasons
for confidentiality no longer exist.
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C3
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CONFIDENTIAL: City Rail Link Limited
Project Funding Request
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This item was
withdrawn and referred to an Extraordinary Meeting of the Governing Body on
30 March 2023.
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5.16 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:.......................................................
