I hereby give notice that an ordinary meeting of the Performance and Appointments Committee will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 20 Jun 2023 2.00pm Room 1, Level
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Komiti mō ngā Kopounga me Te Kounga o ngā Mahi / Performance and Appointments Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Daniel Newman, JP |
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Deputy Chairperson |
Cr Chris Darby |
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Members |
Mayor Wayne Brown |
Cr Greg Sayers |
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Cr Christine Fletcher, QSO |
IMSB Chair David Taipari |
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Cr Lotu Fuli |
Cr John Watson |
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Cr Richard Hills |
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Ex-officio |
Deputy Mayor Desley Simpson, JP |
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(Quorum 4 members)
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Sam Riddiford Governance Advisor
15 June 2023
Contact Telephone: +64 27 305 1871 Email: sam.riddiford@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Performance and Appointments Committee 20 Jun 2023 |
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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 Process to make appointments to the boards of Council-controlled organisations, Ports of Auckland Limited and Haumaru Housing 7
9 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
PUBLIC EXCLUDED
10 Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public 13
C1 CONFIDENTIAL: Short-list of candidates for Ports of Auckland Limited 13
C2 CONFIDENTIAL: Appointment to the Haumaru Housing board 13
C3 CONFIDENTIAL: Appointment of trustees to the board of Community Education Trust 2023-2026 13
1 Ngā Tamōtanga | Apologies
2 Te Whakapuaki i te Whai Pānga | Declaration of Interest
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes
Click the meeting date below to access the minutes.
That the Performance and Appointments Committee: a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 16 May 2023, including the confidential section, as a true and correct record.
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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 20 Jun 2023 |
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Process to make appointments to the boards of Council-controlled organisations, Ports of Auckland Limited and Haumaru Housing
File No.: CP2023/07445
Te take mō te pūrongo
Purpose of the report
1. To receive information about processes to make board appointment decisions that will be considered in the confidential part of this meeting.
Whakarāpopototanga matua
Executive summary
2. Confidential reports on this agenda seek decisions regarding appointments to the boards of the following entities:
· Community Education Trust (COMET)
· Haumaru Housing
· Ports of Auckland Limited (POAL)
3. These appointment processes align with the Appointments and Remuneration Policy for Board Members of Council Organisations (the Policy).
Recommendation/s
That the Performance and Appointments Committee:
a) tuhi ā-taipitopito / note the information about appointment processes contained in this report
b) tuhi ā-taipitopito / note that reports on this agenda seek decisions regarding the boards of:
i) Community Education Trust (COMET)
ii) Haumaru Housing
iii) Ports of Auckland Limited
c) tuhi ā-taipitopito / note that these reports are confidential due to the personal information regarding candidates and board members that they contain.
Horopaki
Context
4. Council makes appointments to council organisations in accordance with the Appointments and Remuneration Policy for Board Members of Council Organisations (the Policy).
5. The general process for making appointments to POAL and Haumaru Housing is described in Figure 1 below.
Figure 1: Process for making appointments
6. Non-substantive CCOs including COMET make recommendations to council regarding the composition of the board for this committee to consider.
Tātaritanga me ngā tohutohu
Analysis and advice
7. Reports on the confidential agenda consider the decisions noted in Table 1:
Table 1: Overview of confidential decisions
Organisation |
Organisation type |
Decision sought |
Previous committee decisions relevant to this process |
Community Education Trust |
Non-substantive CCO |
Appointment of candidates recommended by the trust board |
· None |
Ports of Auckland Limited |
Port company |
Approval of a short-list of candidates for interview |
· The committee noted the criteria and approved selection panel in April 2023 [PACCC/2023/17] |
Haumaru Housing |
Limited partnership/ Council organisation |
Approval to appoint one director |
· Criteria and selection panel were approved in February 2023 [PACCC/2023/8] · Short-list of candidates approved May 2023 [PACCC/2023/32] |
Tauākī whakaaweawe āhuarangi
Climate impact statement
8. Each council-controlled organisation is accountable for ensuring that their planning and decisions reflect the action areas outlined in Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan. Candidates seeking appointment need to demonstrate a commitment to integrate the action areas outlined in Te-Tāruke-ā-Tāwhiri into the CCO’s activities. This is considered as part of each of the confidential items on the agenda.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
9. The appointment of the best possible directors to 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
10. Board appointments to the entities considered in the confidential section of this agenda are the role of the Governing Body. Local boards may participate in the nomination process for board vacancies. The criteria for all vacancies are circulated to local board members to allow their participation in the nomination process.
Tauākī whakaaweawe Māori
Māori impact statement
11. 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". This objective is considered as part of the decision making for each of the confidential items on the agenda.
Ngā ritenga ā-pūtea
Financial implications
14. There are no new financial implications arising from the confidential reports.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
12. There are risks common to all board appointments. These include:
· 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 too many new members cause a loss of institutional knowledge which impacts decision-making. Conversely, retaining board members for too long can mean the board lack innovation and fresh thinking.
Ngā koringa ā-muri
Next steps
13. Next steps are noted in the confidential agenda reports.
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 20 Jun 2023 |
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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: Short-list of candidates for Ports of Auckland Limited
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)(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 personal information about candidates for the Ports of Auckland Limited board. |
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. |
C2 CONFIDENTIAL: Appointment to the Haumaru Housing board
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)(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 personal information regarding candidates for the Haumaru Housing board. |
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. |
C3 CONFIDENTIAL: Appointment of trustees to the board of Community Education Trust 2023-2026
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)(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 information regarding candidates for the board of the Community Education Trust |
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. |