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 Room 1, Level 26, 135 Albert Street, Auckland on Friday, 15 September 2023 at 10.03am. 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

 

Members

Paul Connell

 

 

Cassandra Crowley

Until 1.25pm, Item C2

 

Cr Angela Dalton

 

 

Martin Matthews

 

 

 

 

Te Hunga Kāore i Tae Mai | ABSENT

 

Member

Cr Christine Fletcher

 

 

 

Cr Shane Henderson

 

 

Ex-officio

Mayor Wayne Brown

 

 

 

IMSB Member Tony Kake, MNZM

 

 

 

Deputy Mayor Cr Desley Simpson, JP

 

 

 

He Hunga atu anō i Tae mai | IN ATTENDANCE

 

 

Andrew McConnell, Deputy Controller and Auditor-General

 

 

David Taylor, Sector Manager - Auckland

 

 

Athol Graham, Audit Director, Audit New Zealand

 

 

Karen MacKenzie, Audit Director, Audit New Zealand

 

 

Penica Cortez, Audit Manager, Audit New Zealand

 

 

Manisha Das, Sector Advisor for Local Government

 

 

 

 

 


Audit and Risk Committee

15 September 2023

 

 

 

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

 

 

1          Ngā Tamōtanga | Apologies

 

Resolution number ARCCC/2023/61

MOVED by Chairperson B Robertson, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)         whakaae / accept the apologies from:

Absence

Mayor W Brown, on council business

Cr Christine Fletcher, QSO

Cr Shane Henderson, on council business
IMSB Member Tony Kake, MNZM

Deputy Mayor Cr Desley Simpson, JP, on council business

 

Early departure

Cassandra Crowley

CARRIED

 

 

2          Te Whakapuaki i te Whai Pānga | Declaration of Interest

 

Member Cassandra Crowley declared that she was the Deputy Chair of Waka Kotahi NZ Transport Agency.

 

 

3          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

Resolution number ARCCC/2023/62

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

That the Audit and Risk Committee:

a)         confirm the ordinary minutes of its meeting, held on Monday, 21 August 2023, including the confidential section, as a true and correct record.

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 September 2023

 

 

 

Resolution number ARCCC/2023/63

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

That the Audit and Risk Committee:

a)      whakaae / approve the Audit and Risk Committee forward work programme.

CARRIED

 

 

 

 

Long-term Plan 2024-2034 (LTP) approach to risk and assurance

 

 

 

Resolution number ARCCC/2023/64

MOVED by Member C Crowley, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      whiwhi / receive the report on the process for Auckland Council’s upcoming Long-term Plan 2024-2034 that includes the approach to risk and assurance measures and the oversight role of the Audit and Risk Committee

b)      tuhi ā-taipitopito / note that further updates and information on the approach to assumptions will be provided to the committee later in the process.

CARRIED

 

 

 

10

Preparation of Auckland Council Group's draft annual report 2022/2023 and draft summary annual report 2022/2023

 

 

 

Resolution number ARCCC/2023/65

MOVED by Chairperson B Robertson, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note that, other than the outstanding process issues noted in this report which are expected to be resolved prior to approval, there are no significant outstanding issues relating to the preparation of the draft Auckland Council Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report 2022/2023

b)      tuhi ā-taipitopito / note the draft Auckland Council Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report 2022/2023 will be discussed later in this meeting in confidence.

CARRIED

 

 

 

11

Annual report on the performance of the Audit and Risk
Committee

 

Chairperson Bruce Robertson presented the report noting that he felt the connection between the committee and the governing body was poor. He thanked elected members and independent members on the committee as well as supporting staff.

 

Acting Chief Executive Phil Wilson acknowledged Chairperson Bruce Robertson for his contribution to the effective performance of the committee over seven years and especially the last year as Chairperson.

 

 

Resolution number ARCCC/2023/66

MOVED by Deputy Chairperson Cr L Fuli, seconded by Member P Connell:  

That the Audit and Risk Committee:

a)      whiwhi / receive this annual report on the performance of the Audit and Risk Committee

b)      tūtohungia / recommend that the chief executive place the report on the next available agenda of the Governing Body

c)         whakanuia / acknowledge and thank independent member Bruce Robertson for his contribution to the effective performance of the committee over the last seven years.

CARRIED

 

 

 

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

 

There was no consideration of extraordinary items.

 

 

 

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

Resolution number ARCCC/2023/67

MOVED by Chairperson B Robertson, seconded by Deputy Chairperson Cr L Fuli:  

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)      whakaae / agree that Andrew McConnell, Deputy Controller and Auditor-General, David Taylor, Sector Manager- Auckland, Athol Graham, Audit Director, Audit New Zealand, Karen MacKenzie, Audit Manager, Audit New Zealand, Penica Cortez, Audit Manager, Audit New Zealand and Manisha Das, Sector Advisor for Local Government 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: Council-controlled organisations' audit and risk updates

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.

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 risk reporting and detailed top risks reported confidentially to the council-controlled organisations' board or Audit and Risk Committee. The council-controlled organisations have provided their risk report to Auckland 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: Port of Auckland Limited audit and risk 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.

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 risk reporting and detailed top risks reported confidentially to the Port of Auckland Limited's board or Audit and Risk Committee. Port of Auckland Limited have provided their risk report to Auckland 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.

 

 

 

 

 

C3       CONFIDENTIAL: Sustainability-linked facilities and derivative 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)(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 that will not be 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.

 

 

 

 

 

C4       CONFIDENTIAL: Draft Green Bond Annual Report 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 that needs to remain confidential until released 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: Recommendation of Auckland Council's draft annual report 2022/2023 and summary annual report 2022/2023

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 that forms part of the Auckland Council Group Annual Report 2022/2023 and can only be made public following the release of the annual report to the NZX on 29 September 2023.

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

 

 

10.47am          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.

 

 

2.43pm            The public was re-admitted.

 


 

 

restatementS

 

It was resolved while the public was excluded:

 

C1

CONFIDENTIAL: Council-controlled organisations' audit and risk updates

 

Resolution number ARCCC/2023/68

MOVED by Chairperson B Robertson, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito /note that there are no significant items raised by the substantive council-controlled organisations through the annual audit process for the committee to refer to the Governing Body

b)      kohuki / consider the risk updates provided by the substantive council-controlled organisations when reviewing the Auckland Council Group 2022/2023 Annual Report and Summary Annual Report for recommendation to the Governing Body for adoption

c)      whakamihi / thank the substantive council-controlled organisations’ board members and senior managers for their attendance

Restatement

d)      whakaae / agree that the decisions be restated in the open minutes but that this report and attachments remain confidential.

 

 

 

C2

CONFIDENTIAL: Port of Auckland Limited audit and risk update

 

Resolution number ARCCC/2023/69

MOVED by Member C Crowley, seconded by Member P Connell:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note that there are no significant items raised by Port of Auckland Limited through the annual audit process for the committee to refer to the Governing Body

b)      kohuki / consider the risk updates provided by Port of Auckland Limited when reviewing the Auckland Council Group 2022/2023 Annual Report and Summary Annual Report for recommendation to the Governing Body for adoption

c)      whakamihi / thank the representatives from Port of Auckland Limited for their attendance

Restatement

d)      whakaae / agree that the decisions be restated in the open minutes but that this report and attachments remain confidential.

 

 


 

 

 

C3

CONFIDENTIAL: Sustainability-linked facilities and derivative update

 

Resolution number ARCCC/2023/70

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

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the council’s progress against the sustainable performance targets set out in its sustainability-linked facilities and sustainability-linked derivative structures

Restatement

b)      whakaae / agree that the decision be restated in the open minutes, but the report and attachments remain confidential.

 

 

C4

CONFIDENTIAL: Draft Green Bond Annual Report 2023

 

Resolution number ARCCC/2023/71

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

That the Audit and Risk Committee:

a)      tuhi a-taipitopito / note the limited assurance provided by EY for the draft Green Bond Report Annual 2023

b)      whakaae / approve that the draft Green Bond Annual Report 2023 be finalised and published to the NZX and Auckland Council website

Restatement

c)      whakaae / agree that the decision be restated in the open minutes, but the report and attachments remain confidential.

 

 

C5

CONFIDENTIAL: Recommendation of Auckland Council's draft annual report 2022/2023 and summary annual report 2022/2023

 

Resolution number ARCCC/2023/72

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

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the updated draft fraud questionnaire 2022/2023, and recommend management provide it to Audit New Zealand

b)      ohia / endorse the draft Auckland Council Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report 2022/2023 and recommend that the Governing Body adopt them, noting that these annual reports are still subject to finalisation of minor items, final management review and receipt of the Independent Auditor’s Report

c)      whakaae / agree that any significant changes to the draft Auckland Council Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report 2022/2023 be notified to the committee prior to the Governing Body meeting on 28 September 2023, and delegate approval of the changes to the Audit and Risk Committee chair and the group chief financial officer

Restatement

d)      whakaae / agree that the decisions be restated in the open minutes, but the draft Auckland Council Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report 2022/2023 remain confidential.

 

 


 

 

C6

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

 

Resolution number ARCCC/2023/73

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

That the Audit and Risk Committee:

a)      whiwhi / receive the information provided by the Auditor-General’s representatives, Deputy Controller and Auditor-General Andrew McConnell, Sector Manager – Auckland David Taylor and Audit Directors Athol Graham and Karen MacKenzie 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.

 

 

 

 

As this was his last meeting, Chairperson Bruce Robertson thanked Francis Caetano, Group Financial Controller and his team and the representatives of the Office of the Auditor-General and Audit New Zealand for their services to the committee and lead the closing of the meeting with a karakia.

 

 

 

 

 

 

 

2.43pm                                               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:.......................................................