Kōmiti Tātari me te Mātai Raru Tūpono /

Audit and Risk Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Audit and Risk Committee held in the Reception Lounge, Auckland Town Hall, 305 Queen Street, Auckland on Monday, 21 August 2023 at 2.10pm. A recording of the open meeting is available on: https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

Te Hunga kua Tae mai | present

 

Chairperson

Bruce Robertson

 

Deputy Chairperson

Cr Lotu Fuli

Via electronic link

until 5.01pm, Item C4

Members

Paul Connell

 

 

Cassandra Crowley

Via electronic link

 

Cr Angela Dalton

 

 

Cr Shane Henderson

 

 

Martin Matthews

 

Ex-officio

IMSB Member Tony Kake, MNZM

Via electronic link

until 5.10pm, Item C4

Te Hunga Kāore i Tae Mai | ABSENT

 

Member

Cr Christine Fletcher, QSO

 

 

Ex-officio

Mayor Wayne Brown

 

 

 

Deputy Mayor Cr Desley Simpson, JP

 

 

 

 

He Hunga atu anō i Tae mai | IN ATTENDANCE

 

 

Andrew McConnell, Deputy Controller and Auditor-General

 

 

Athol Graham, Audit Director, Audit New Zealand

 

 

Karen MacKenzie, Audit Director, Audit New Zealand

 

 

Penica Cortez, Audit Manager, Audit New Zealand

 

 

 

 

 

 

 

 


Audit and Risk Committee

21 August 2023

 

 

 

Chairperson Bruce Robertson lead the opening of the meeting with a karakia.

 

Chairperson Bruce Robertson welcomed Cr Angela Dalton as a member of the committee and placed on record his appreciation of Cr Julie Fairey’s contribution while she was a member of the committee.

 

1          Ngā Tamōtanga | Apologies

 

Resolution number ARCCC/2023/44

MOVED by Chairperson B Robertson, seconded by Member P Connell:  

That the Audit and Risk Committee:

a)         whakaae / accept the apologies from:

Absence

Mayor W Brown, on council business

Cr Christine Fletcher, QSO
Deputy Mayor Cr D Simpson, JP, on council business

 

Early departure

Cr Lotu Fuli

IMSB Member Tony Kake, MNZM

CARRIED

 

 

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 ARCCC/2023/45

MOVED by Chairperson B Robertson, seconded by Member M Matthews:  

That the Audit and Risk Committee:

b)        whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 9 May 2023 and the extraordinary minutes of its meeting, held on Friday, 2 June 2023, including the confidential sections, as true and correct records.

CARRIED

 

 

4          Ngā Petihana | Petitions

 

            There were no petitions.

 

 

5          Ngā Kōrero a te Marea | Public Input

 

There was no public input.

 


 

 

 

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

 

There was no local board input.

 

 

7          Ngā Pakihi Autaia | Extraordinary Business

 

There was no extraordinary business.

 

 

8

Forward Work Programme August 2023

 

 

 

Resolution number ARCCC/2023/46

MOVED by Member M Matthews, seconded by Member P Connell:  

That the Audit and Risk Committee:

a)      whakaae / approve the Audit and Risk Committee forward work programme, noting that:

i)          a Strategic Risk Process Update will be reported at this meeting

ii)         Auckland Council’s Sustainability-Linked Loan Update will be presented in the confidential agenda of this committee in September 2023 as a new agenda item

iii)       the two insurance updates planned for this committee will be presented as one insurance update

iv)       the LTP Project update report has been moved to the meeting of this committee in September 2023 and will be renamed “Long-term Plan 2024-2034 (LTP) approach to risk and assurance”.

CARRIED

 

 

 

9

IMSB Treaty Audit monitoring update

 

 

 

Resolution number ARCCC/2023/47

MOVED by Cr A Dalton, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)      whiwhi / receive the update on the monitoring and progress of the Treaty Audit Response Programme 2021-2024

b)      tuhi ā-taipitopito / note that the Risk and Assurance department will continue to report on a six-monthly basis on progress against the Treaty Audit Response Programme 2021-2024 (Attachment A) to this committee.

CARRIED

 


 

 

10

Strategic Risk Update

 

Resolution number ARCCC/2023/48

MOVED by Chairperson B Robertson, seconded by Member P Connell:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the progress update of the review of Auckland Council’s strategic risks.

CARRIED

 

 

 

11

Health, Safety, and Wellbeing Performance Report

 

Resolution number ARCCC/2023/49

MOVED by Cr A Dalton, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

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

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

CARRIED

 

 

 

12

Climate disclosure work programme update August 2023

 

Resolution number ARCCC/2023/50

MOVED by Chairperson B Robertson, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the council’s progress towards compliance with climate disclosure standards and associated legislation which comes into effect for the year ended 30 June 2024.

CARRIED

 

 

 

13

Water Services Reform update

 

Resolution number ARCCC/2023/51

MOVED by Cr A Dalton, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      whiwhi / receive the update on risk management activity related to the Water Services Reform programme.

CARRIED

 


 

 

 

 

14

The Auditor-General's report to management on the interim audit for the year ended 30 June 2023

 

A report to the Council on the interim audit of the Auckland Council for the year ended 30 June 2023 from the Deputy Controller and Auditor-General was tabled at 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 ARCCC/2023/52

MOVED by Member C Crowley, seconded by Cr S Henderson:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the matters identified in the Deputy Auditor-General’s report to management, for the interim audit of the year ended 30 June 2023, and management’s responses.

CARRIED

 

Attachments

a     21 August 2023, Audit and Risk Committee, Item 14 - The Auditor-General's report to management on the interim audit for the year ended 30 June 2023 - report to the Council

 

 

 

 

15

Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2023

 

Resolution number ARCCC/2023/53

MOVED by Chairperson B Robertson, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note that there are no significant outstanding issues relating to the process for the preparation of the draft 2023 NZX release

b)      tuhi ā-taipitopito / note that the draft 2023 NZX release will be discussed in the confidential part of this agenda.

CARRIED

 

 

 

 

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

 

There was no consideration of extraordinary items.

 


 

 

17        Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural motion to exclude the        public

 

Resolution number ARCCC/2023/54

MOVED by Member B Robertson, seconded by Cr A Dalton:  

That the Audit and Risk Committee:

a)      whakaae / agree to exclude the public from the following part(s) of the proceedings of this meeting

b)      agree that Andrew McConnell, Deputy Controller and Auditor-General, Athol Graham, Audit Director, Audit New Zealand, Karen MacKenzie, Audit Manager, Audit New Zealand and Penica Cortez, Audit Manager, Audit New Zealand be permitted to remain for the confidential part of the meeting after the public has been excluded, because of their knowledge of matters which will help the Audit and Risk Committee 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: Substantive Council-Controlled Organisations' Quarterly Risk Update - August 2023

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)(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 risk reporting and detailed top risks confidential to the substantive council-controlled organisations' boards or Audit and Risk Committees. The substantive council-controlled organisations have provided their risk reports for council's Audit and Risk Committee subject to confidentiality.

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: Insurance Renewal Placement for 2023-2024

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains details of the proposed insurance strategy, policies and programme for which terms and costings are being sort from the insurance market.

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: Internal Audit and Integrity Update

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)(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.

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.

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.

 

C4       CONFIDENTIAL: Climate disclosure work programme update August 2023

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)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains information about climate risks that could materially impact the Auckland Council Group's financial position in the future and have not yet been reported to the public.

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.

 

C5       CONFIDENTIAL: Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2023

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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains information that will be included in the annual report for the year ended 30 June 2023 which cannot be made public until it is released to the NZX.

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.

 

 

C6       CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand briefing

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)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report from the Office of the Auditor-General and Audit New Zealand contains information regarding the financial results of the Auckland Council Group and Auckland Council for 30 June 2023 which cannot be made public until released to the NZX.

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

 

 

3.24pm            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.

 

 

6.08pm            The public was re-admitted.


 

 

restatementS

 

It was resolved while the public was excluded:

 

C1

CONFIDENTIAL: Substantive Council-Controlled Organisations' Quarterly Risk Update - August 2023

 

Resolution number ARCCC/2023/55

MOVED by Chairperson B Robertson, seconded by Member P Connell:  

a)      tuhi ā-taipitopito / note the written and verbal updates provided by Tātaki Auckland Unlimited

b)      tuhi ā-taipitopito / note the written updates provided by Auckland Transport, Eke Panuku Development and Watercare Services Limited

c)      whakaae / agree to refer the Substantial Council-Controlled Organisations’ Quarterly Risk Update – August 2023 to the Council Controlled Organisations Direction and Oversight Committee, including the attachments relating to Eke Panuku Development, Tātaki Auckland Unlimited and Watercare Services Limited only

d)      whakaae / agree to refer the Substantial Council-Controlled Organisations’ Quarterly Risk Update – August 2023 to the Transport and Infrastructure Committee, including the attachments relating to Auckland Transport only

Restatement

e)      whakaae / agree that the decisions be released in the open minutes, but this report and its attachments remain confidential.

 

 

C2

CONFIDENTIAL: Insurance Renewal Placement for 2023-2024

 

Resolution number ARCCC/2023/56

MOVED by Cr A Dalton, seconded by Cr S Henderson:  

a)      tuhi ā-taipitpito / note the update on the council group’s insurance renewal placement for 2023-2024

b)      tuhi ā-taipitpito / note the update on the self-insurance fund and the cumulative loss modelling

Restatement

c)      whakaae / agree that the decisions be transferred to the open minutes, but the report remain confidential.

 

 

C3

CONFIDENTIAL: Internal Audit and Integrity Update

 

Resolution number ARCCC/2023/57

MOVED by Member P Connell, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the update on assurance activities performed by the Risk and Assurance department

Restatement

b)      whakaae / agree that the decisions be transferred to the open minutes, but the report and attachments remain confidential.

 

C4

CONFIDENTIAL: Climate disclosure work programme update August 2023

 

Resolution number ARCCC/2023/58

MOVED by Cr A Dalton, seconded by Member P Connell:  

a)      tuhi ā-taipitopito / note the council’s progress towards compliance with climate disclosure standards and associated legislation which comes into effect from 30 June 2024

Restatement

b)      agree that the report will remain confidential, but the decisions be restated in the open minutes.

 

C5

CONFIDENTIAL: Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2023

 

Resolution number ARCCC/2023/59

MOVED by Chairperson B Robertson, seconded by Member M Matthews:  

a)      ohia / endorse the release of the draft 2023 NZX preliminary announcement and media release for the year ended 30 June 2023, subject to editorial and technical changes to the documents, with any significant changes to be notified and approved by the Audit and Risk Committee chair and the group chief financial officer

b)      tūtohungia / recommend that, on 25 August 2023, the deputy mayor authorises the mayor and chief executive to approve and release the items identified in clause a) above to the NZX on 29 August 2023

c)      whakarite / provide feedback on the draft fraud questionnaire to the group financial controller by Friday 25 August 2023

Restatement

d)      whakaae / agree that the report and attachment will remain confidential, but the decisions be restated in the open minutes.

 

C6

CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand briefing

 

Resolution number ARCCC/2023/60

MOVED by Chairperson B Robertson, seconded by Member C Crowley:  

a)      whiwhi / receive the information provided by the Auditor-General’s representatives, Deputy Controller and Auditor-General Andrew McConnell, Audit Directors Athol Graham and Karen MacKenzie and Audit Manager Penica Cortez and thank them for their attendance

Restatement

b)      whakaae / agree that the report and attachment will remain confidential, but the decisions be restated in the open minutes.

 


 

 

 

6.08pm                                               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 Audit and Risk Committee HELD ON

 

 

 

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

 

 

 

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