Minutes of Governing Body - Thursday, 24 August 2023

Governing Body

24 August 2023

Te Mihi | Acknowledgement

James Brown – Independent Māori Statutory Board

The meeting acknowledged the recent passing of Independent Māori Statutory Board Member James Brown, and observed a minutes silence.

Cr R Hills joined the meeting at 10.04am.

1 Ngā Tamōtanga | Apologies

Resolution number GB/2023/144

MOVED by Cr A Baker, seconded by Cr C Darby:

That the Governing Body:

a) whakaae / agree to accept the apologies from:

Absence

Cr A Dalton
Cr A Filipaina

Lateness

Deputy Mayor D Simpson, on council business

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 GB/2023/145

MOVED by Cr S Stewart, seconded by Cr K Turner:

That the Governing Body:

a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 27 July 2023, including the confidential section, as a true and correct record.

CARRIED

4 Ngā Kōrero a te Marea | Public Input

4.1	Public Input: Titirangi/Green Bay/Huia Stickered Residents’ Group - Share Experiences and Insights following storm events in early 2023
	A presentation was given in support of the item. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Cr D Newman joined the meeting at 10.11am.
	Resolution number GB/2023/146 MOVED by Cr S Henderson, seconded by Cr K Turner: That the Governing Body: a) whiwhi / receive the public input from Titirangi/Green Bay/Huia Stickered Residents’ Group regarding “Shared experiences and Insights following storm events in early 2023” and whakamihi / thank them for their attendance. CARRIED
	Attachments a 24 August 2023, Governing Body: Item 4.1 - Public Input: Titirangi/Green Bay/Huia Stickered Residents’ Group - Share Experiences and Insights following storm events in early 2023, Presentation

4.2

Public Input: Auckland Marine Rescue Centre Trust - Servicing the Auckland Region

A presentation was given in support of the item. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number GB/2023/147

MOVED by Mayor W Brown, seconded by Cr G Sayers:

That the Governing Body:

a) whiwhi / receive the public input from Auckland Marine Rescue Centre Trust regarding “servicing the Auckland region” and whakamihi / thank the representative of the Auckland Marine Rescue Centre Trust for their attendance.

CARRIED

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

5.1	Local Board Input: Henderson-Massey Local Board - Te Whau Pathway Construction and Funding Options
	Brooke Loader, Deputy Chair and Peter Chan from the Henderson-Massey Local Board, spoke at Item C1 – CONFIDENTIAL: Te Whau pathway Construction and Funding Options.

5.2	Local Board Input: Whau Local Board - Te Whau Pathway Construction and Funding Options
	Kay Thomas, Chair Whau Local Board, spoke at Item C1 – CONFIDENTIAL: Te Whau pathway Construction and Funding Options.

6 Ngā Pakihi Autaia | Extraordinary Business

There was no extraordinary business.

Acting Chief Executive and Group Chief Financial Officer Update

Resolution number GB/2023/148

MOVED by Mayor W Brown, seconded by Cr S Stewart:

That the Governing Body:

a) whiwhi / receive the information provided in this report, the monthly financial dashboard (Attachment A of the agenda report) and the verbal updates by the Acting Chief Executive and Group Chief Financial Officer.

CARRIED

8	Opportunity to change the electoral system from First Past the Post to Single Transferable Voting
	The remaining Local Board feedback 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.
	MOVED by Cr D Newman, seconded by Cr L Fuli: Cr D Newman, seconded Cr L Fuli That the Governing Body: a) whiwhi / receive local board feedback on changing from First Past the Post to Single Transferable Voting as attached in Attachment A and as circulated following the publication of the agenda. b) whakaae / agree to not change the electoral system for the 2025 Auckland Council elections.
	MOVED by Cr C Darby, seconded by Cr J Fairey an amendment by way of addition: c) tono / request that a thorough analysis of the First Past the Post and Single Transferrable Vote electoral systems be undertaken at the earliest opportunity following the 2025 triennial election, to support the identification of the best system to enable diverse representation in Auckland.
	Note: After discussion, Cr J Fairey withdrew her support as seconder of the amendment. Following a further short discussion, Cr Darby, withdrew the amendment.
	The original motion was put.
	Resolution number GB/2023/149 MOVED by Cr D Newman, seconded by Cr L Fuli: That the Governing Body: a) whiwhi / receive local board feedback on changing from First Past the Post to Single Transferable Voting as attached in Attachment A and as circulated following the publication of the agenda. b) whakaae / agree to not change the electoral system for the 2025 Auckland Council elections. CARRIED
	Note: Under Standing Order 1.8.6, Cr C Darby requested that his dissenting vote for clause b) be recorded.
	Attachments a 24 August 2023, Governing Body: Item 8 - Opportunity to change the electoral system from First Past the Post to Single Transferable Voting, Remaining Local Board Feedback

The meeting adjourned at 11.43am and reconvened at 11.51am.

Referred from the Audit and Risk Committee - Health, Safety and Wellbeing Performance Report

Deputy Mayor D Simpson joined the meeting at 11.55am.
Cr K Turner left the meeting at 11.56am.

Resolution number GB/2023/150

MOVED by Cr R Hills, seconded by Cr G Sayers:

That the Governing Body:

a) tuhi ā-taipitopito / note the Auckland Council's Health, Safety and Wellbeing (HSW) Performance report (presented to the Audit and Risk Committee on 21 August 2023) and any commentary from the Audit and Risk Committee

b) tuku ki tangata kē / forward the report to all local boards for their information.

CARRIED

Government Policy Statement on Land Transport 2024 Submission

Note: changes were made to the original recommendation, amending clause a) and adding new clause b), as a Chair’s recommendation.

Resolution number GB/2023/151

MOVED by Mayor W Brown, seconded by Cr G Sayers:

That the Governing Body:

a) tautapa / delegate approval of Auckland Council’s submission on the draft Government Policy Statement 2024 to a group comprising:

i) Mayor

ii) Deputy Mayor

iii) Chair of the Planning, Environment and Parks Committee

iv) Chair of the Transport and Infrastructure Committee

v) Councillor Baker

vi) Councillor Darby

vii) an Independent Māori Statutory Board member

b) whakaū / confirm the Governing Body’s expectation that there is one submission from Auckland Council which is prepared jointly by Auckland Council and Auckland Transport staff, and should be endorsed by Auckland Transport’s Regional Transport Committee prior to approval by the delegate group in clause a) above.

CARRIED

Recovery Coordination Office Update

Cr K Turner returned to the meeting at 12.20pm.

Resolution number GB/2023/152

MOVED by Deputy Mayor D Simpson, seconded by Cr J Fairey:

That the Governing Body:

a) tuhi-ā-taipitopito / note progress with the Tāmaki Makaurau Recovery efforts.

CARRIED

Te Whau Pathway Construction and Funding Options

Resolution number GB/2023/153

MOVED by Mayor W Brown, seconded by Cr S Henderson:

That the Governing Body:

a) tuhi ā-taipitopito / note the information about Te Whau Pathway Project

b) tuhi ā-taipitopito / note the report in the confidential section of the agenda on construction and funding options

c) tuhi ā-taipitopito / note that the report is confidential due to the financial implications under negotiation with central government, project partners and contractors.

CARRIED

Budget Update Report August 2023

Resolution number GB/2023/154

MOVED by Mayor W Brown, seconded by Cr S Henderson:

That the Governing Body:

a) tuhi ā-taipitopito / note the information on the operating expenditure carry forward request totalling $7.8 million from Tātaki Auckland Unlimited outlined in this report, enables transparency on the topic due for discussion in the confidential part of the meeting.

b) tuhi ā-taipitopito / note that the confidential report contains information that relates to the financial results of Tātaki Auckland Unlimited and Auckland Council Group for 2022/2023, which is required to remain confidential until the preliminary results are released to the NZX on 29 August 2023.

CARRIED

Recovery Coordination Office Update on Cost Share Negotiations with Treasury

Resolution number GB/2023/155

MOVED by Mayor W Brown, seconded by Cr S Henderson:

That the Governing Body:

a) tuhi ā-taipitopito / note the initial offer presented by the Crown, and the proposed council response will be discussed in the confidential part of this meeting.

CARRIED

Summary of Governing Body and Committee information memoranda and briefings (including the Forward Work Programme) - 24 August 2023

Resolution number GB/2023/156

MOVED by Cr M Williamson, seconded by Deputy Mayor D Simpson:

That the Governing Body:

a) whiwhi / receive the Summary of Governing Body and other committee information memoranda and briefings – 24 August 2023.

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 GB/2023/157

MOVED by Mayor W Brown, seconded by Cr M Williamson:

That the Governing Body:

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 - Te Whau Pathway Construction and Funding Options

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)(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 financial implications under negotiation with central government, project partners, and contractors.

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: Budget Update Report 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 financial information about the Council's year-end financial performance which must remain confidential due to NZX regulations.

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

12.33pm 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.

3.09pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

CONFIDENTIAL - Te Whau Pathway Construction and Funding Options

Resolution number GB/2023/158

MOVED by Mayor W Brown, seconded by Cr S Henderson:

That the Governing Body:

d) whakaū / confirm that the resolutions, report, and attachments remain confidential until reasons for confidentiality no longer exist.

CONFIDENTIAL: Budget Update Report August 2023

Resolution number GB/2023/159

MOVED by Deputy Mayor D Simpson, seconded by Cr R Hills:

That the Governing Body:

d) agree that the agenda report and resolutions will remain confidential until the preliminary results announcement of the Auckland Council Group 2022/2023 results is released on 29 August 2023 to the NZX and the public.

CONFIDENTIAL: Recovery Coordination Office Update on Cost Share Negotiations with Treasury

Resolution number GB/2023/160

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:

That the Governing Body:

g) whakaae / agree that the decisions, report and any attachment remain confidential until the need for confidentiality no longer exists.

3.09pm 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:.......................................................

Mayor	Wayne Brown
Deputy Mayor	Cr Desley Simpson, JP	From 11.55am, Item 9
Councillors	Cr Andrew Baker
	Cr Josephine Bartley	From 10.08am, Item 4.1
	Cr Chris Darby
	Cr Julie Fairey
	Cr Lotu Fuli
	Cr Shane Henderson
	Cr Richard Hills	From 10.04am, Item 1
	Cr Mike Lee
	Cr Kerrin Leoni	Via electronic link
	Cr Daniel Newman, JP	From 10.11am, Item 4.1
	Cr Greg Sayers
	Cr Sharon Stewart, QSM
	Cr Ken Turner
	Cr John Watson
	Cr Maurice Williamson

Councillors	Cr Angela Dalton
	Cr Alf Filipaina, MNZM
	Cr Christine Fletcher, QSO
	Cr Wayne Walker

	Brooke Loader, Deputy Chair – Henderson-Massey Local Board
	Peter Chan, Member – Henderson-Massey Local Board
	Kay Thomas, Chair – Whau Local Board
	Ross Clow, Member – Whau Local Board