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

Date:

Time:

Meeting Room:

Venue:

Tuesday, 15 August 2023

10.00am

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 Mike Lee
Members	Mayor Wayne Brown
	Cr Christine Fletcher, QSO
	Cr Lotu Fuli
	Cr Richard Hills
	Cr Greg Sayers
	Cr John Watson
	Cr Maurice Williamson
Ex-officio	Deputy Mayor Desley Simpson, JP
	IMSB Chair David Taipari

(Quorum 4 members)

Sam Riddiford

Governance Advisor

10 August 2023

Contact Telephone: +64 27 305 1871

Email: sam.riddiford@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Performance and Appointments Committee

15 August 2023

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 and other entities 7

9 Amendment to the membership of the enduring pool for selection panels 2022-2025 11

10 Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the forward work programme) - 15 August 2023 15

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

PUBLIC EXCLUDED

12 Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public 19

C1 CONFIDENTIAL: Reappointments to the board of Tātaki Auckland Unlimited 19

C2 CONFIDENTIAL: Appointments to the Arts Regional Trust 19

C3 CONFIDENTAL: Reappointments of directors to Eke Panuku Development Auckland 20

C4 CONFIDENTIAL: Appointments to the Auckland Regional Amenities Funding Board 20

C5 CONFIDENTIAL: Short-list of candidates for the Auckland War Memorial Museum board 20

C6 CONFIDENTIAL: Short-list of candidates for Auckland Transport Chair 20

Performance and Appointments Committee

15 August 2023

Process to make appointments to the boards of Council-controlled organisations and other entities

File No.: CP2023/10008

Te take mō te pūrongo

Purpose of the report

1. To receive information about the processes to make board appointment decisions 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:

· Eke Panuku Development Auckland

· Tātaki Auckland Unlimited

· Auckland Transport

· Arts Regional Trust

· Auckland Regional Amenities Funding Board

· Auckland War Memorial Museum.

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

a) tuhi ā-taipitopito / note the information about appointment processes contained in this report and note that reports on this agenda seek decisions regarding the:

i) Eke Panuku Development Auckland

ii) Tātaki Auckland Unlimited

iii) Auckland Transport

iv) Arts Regional Trust

v) Auckland Regional Amenities Funding Board

vi) Auckland War Memorial Museum

b) tuhi ā-taipitopito / note that these reports are confidential due to the personal information regarding candidates and board members that they contain.

Horopaki

Context

3. Council makes appointments to council organisations in accordance with the Appointment and Remuneration Policy for Board Members of Council Organisations

4. The general process for making appointments is described in Figure 1 below.

Figure 1: Appointments process

5. The process described in Figure 1 does not apply to ART, which is a non-substantive CCO of Auckland Council and under the terms of its trust deed, the selection process is the role of its board.

Tātaritanga me ngā tohutohu

Analysis and advice

6. Reports on the confidential agenda consider the decisions noted in Table 1:

Table 1: Overview of decisions sought in the confidential agenda

Organisation	Decision sought	Previous committee decisions relevant to this process
Auckland War Memorial Museum	Approval of a short-list of candidates for interview for a director vacancy	The committee noted the criteria and approved selection panel members in May 2023 [PACCC/2023/30]
Eke Panuku Development Auckland	Approval to reappoint board members	No previous committee decision making
Tātaki Auckland Unlimited	Approval to reappoint board members	No previous committee decision making
Arts Regional Trust	Appointment and reappointment of board members	No previous committee decision making
Auckland Regional Amenities Funding Board	Approval to appoint board members	The committee approved criteria in April 2023 [PACCC/2023/18] and approved a short-list of candidates in July 2023 [PACCC/2023/49]
Auckland Transport	Approval of a short-list of candidates for interview for the chair	The committee noted the criteria and approved selection panel members in April 2023 [PACCC/2023/33]

Tauākī whakaaweawe āhuarangi

Climate impact statement

7. Auckland Council’s Te-Tāruke-ā-Tāwhiri: Auckland’s Climate Plan was adopted in July 2020 and sets out the priority action areas to deliver our goals to reduce emissions and adapt to the impacts of climate change.

8. CCOs are responsible for delivering services to Aucklanders. Each CCO is accountable for ensuring their planning and decisions reflect the action areas outlined in Te-Tāruke-ā-Tāwhiri.

9. Candidates seeking appointment need to demonstrate a commitment to integrate the action areas outlined in Te Tāruke-ā-Tāwhiri into the CCO’s activities

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

10. 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

11. Board appointments to the entities considered in the confidential agenda are the role of the Governing Body. Local Boards may participate in the nomination process for board vacancies and criteria are circulated to local boards to allow their participation in the nomination process.

Tauākī whakaaweawe Māori

Māori impact statement

12. 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 this agenda.

Ngā ritenga ā-pūtea

Financial implications

13. There are no new financial implications arising from the confidential reports.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

14. 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

15. 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

Anna Bray - Acting Director - Governance and CCO Partnerships

Performance and Appointments Committee

15 August 2023

Amendment to the membership of the enduring pool for selection panels 2022-2025

File No.: CP2023/10340

Te take mō te pūrongo

Purpose of the report

1. To amend membership of the 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 up to ten 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. Membership of the enduring pool is usually aligned with the membership of this committee.

5. Amendments to committee membership were noted by the Governing Body on 27 July 2023.

6. To maintain the alignment between the enduring pool and the membership of this committee following these amendments, the addition of Cr Mike Lee and Cr Maurice Williamson to the enduring pool and the removal of Cr Chris Darby and Cr Wayne Walker is recommended.

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

a) whakaae / approve the appointment of Cr Mike Lee and Cr Maurice Williamson to the enduring pool for selection panels

b) whakaae / approve the removal of Cr Chris Darby and Cr Wayne Walker from the enduring pool for selection panels

c) tuhi ā-taipitopito / note that Cr Darby will remain a member of the selection panel for Ports of Auckland Limited until that panel completes its work.

Horopaki

Context

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

12. It is recommended that the membership of the enduring pool aligns with the membership of this committee.

13. Following the amendments to committee membership noted by the Governing Body [GB/2023/131] Cr Mike Lee and Cr Maurice Williamson are now members of the committee, with Cr Chris Darby removed.

14. To add Cr Lee and Cr Williamson to the enduring pool, it is necessary to remove two members from the enduring pool to keep total membership to ten.

15. As Cr Darby and Cr Wayne Walker are also not current members of this committee and so it is recommended that they are removed from the enduring pool.

16. Cr Darby is a selection panel member for the current Ports of Auckland Limited appointment process and will remain a member of that panel until it has completed its work [PACCC/2023/17].

17. The current and proposed membership of the enduring pool is noted in Table 1 below.

Table 1: Membership of the enduring pool

Current enduring pool membership	Proposed enduring pool membership
Mayor Wayne Brown	Mayor Wayne Brown
Deputy Mayor Desley Simpson	Deputy Mayor Desley Simpson
Councillor Christine Fletcher	Councillor Christine Fletcher
Councillor Richard Hills	Councillor Richard Hills
Councillor Lotu Fuli	Councillor Lotu Fuli
Councillor Daniel Newman	Councillor Daniel Newman
Councillor Greg Sayers	Councillor Greg Sayers
Councillor John Watson	Councillor John Watson
Councillor Chris Darby (removed)	Councillor Mike Lee (new member
Councillor Wayne Walker (removed)	Councillor Maurice Williamson (new member)

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. 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

19. 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

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

Tauākī whakaaweawe Māori

Māori impact statement

21. 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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

Anna Bray - Acting Director - Governance and CCO Partnerships

Performance and Appointments Committee

15 August 2023

Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the forward work programme) - 15 August 2023

File No.: CP2023/11043

Te take mō te pūrongo

Purpose of the report

1. tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A

2. whiwhi / receive a summary and provide a public record of memoranda or briefing papers that may have been distributed to the Transport and Infrastructure Committee.

Whakarāpopototanga matua

Executive summary

3. This is a regular information-only report which aims to provide greater visibility and openness and transparency of information circulated to Transport and Infrastructure Committee members via memoranda/briefings or other means, where no decisions are required.

4. The following information items were distributed:

Date	Subject
15 June 2023	CONFIDENTIAL: 2023 Auckland Council Chief Executive recruitment (no attachments)

5. The following workshops/briefings have taken place for the Performance and Appointments Committee:

Date	Subject
02 August 2023	CONFIDENTIAL: Eke Panuku Workshop (no attachments)

6. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Transport and Infrastructure Committee. members should direct any questions to the authors.

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

a) tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report

b) whiwhi / receive the Summary of Performance and Appointments Committee information memoranda and briefings.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Forward Work Programme

Ngā kaihaina

Signatories

Author	Sam Riddiford - Governance Advisor
Authoriser	Anna Bray - Acting Director - Governance and CCO Partnerships

Performance and Appointments Committee

15 August 2023

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

That the Performance and Appointments Committee

a) whakaae / agree to 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: Reappointments to the board of Tātaki Auckland Unlimited

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