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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 20 Jun 2023

2.00pm

Room 1, Level 26
135 Albert 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

 

Members

Mayor Wayne Brown

Cr Greg Sayers

 

Cr Christine Fletcher, QSO

IMSB Chair David Taipari

 

Cr Lotu Fuli

Cr John Watson

 

Cr Richard Hills

 

Ex-officio

Deputy Mayor Desley Simpson, JP

 

 

(Quorum 4 members)

 

 

 

Sam Riddiford

Governance Advisor

 

15 June 2023

 

Contact Telephone: +64 27 305 1871

Email: sam.riddiford@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Performance and Appointments Committee

20 Jun 2023

A close up of a logo

Description automatically generated with low confidence

 

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.

 

 

 

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

 

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).

 

Ngā tūtohunga

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.

 

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

20 Jun 2023

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Performance and Appointments Committee

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.