I hereby give notice that an ordinary meeting of the Performance and Appointments Committee will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 19 September 2023 2.00pm Room 1, Level
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Komiti mō ngā Kopounga me Te Kounga o ngā Mahi / Performance and Appointments Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Daniel Newman, JP |
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Deputy Chairperson |
Cr Mike Lee |
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Members |
Mayor Wayne Brown |
Cr Greg Sayers |
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Cr Christine Fletcher, QSO |
Cr John Watson |
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Cr Lotu Fuli |
Cr Maurice Williamson |
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Cr Richard Hills |
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Ex-officio |
Deputy Mayor Desley Simpson, JP |
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IMSB Chair David Taipari |
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(Quorum 4 members)
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Sam Riddiford Governance Advisor
14 September 2023
Contact Telephone: +64 21 417 830 Email: maea.petherick@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Performance and Appointments Committee 19 September 2023 |
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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 Organisations and select board interns for 2024-2025 7
9 Review of the Forward Work Programme - Performance and Appointments Committee 11
10 Summary of Confidential Decisions and related information released into Open 19
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 29
C1 CONFIDENTIAL: Appointments to the board of the Tāmaki Redevelopment Company 29
C2 CONFIDENTIAL: Appointment of the chair for Auckland Transport 29
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) confirm the ordinary minutes of its meeting, held on Tuesday, 15 August 2023 and the extraordinary minutes of its meeting, held on Tuesday, 22 August 2023, including the confidential sections, as a true and correct record.
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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 19 September 2023 |
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Process to make appointments to the boards of Council Organisations and select board interns for 2024-2025
File No.: CP2023/12489
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.
2. To appoint a member of the enduring pool to the selection panel for selecting board interns for 2024-2025.
Whakarāpopototanga matua
Executive summary
3. Confidential reports on this agenda seek decisions regarding appointments to the boards of the following entities:
· Auckland Transport
· Tāmaki Redevelopment Company
4. The committee is also asked to appoint a member of the enduring pool to serve on the selection panel for the 2024-2025 board intern programme.
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:
i) appointment of the chair of Auckland Transport
ii) appointments to the board of the Tāmaki Redevelopment Company
b) tuhi ā-taipitopito / note that these reports are confidential due to the personal information regarding candidates that they contain
c) whakaae / agree to select a member of the enduring pool to chair the selection panel for the 2024-2025 board intern programme.
Horopaki
Context
5. Council makes appointments to council organisations in accordance with the Appointment and Remuneration Policy for Board Members of Council Organisations (the Policy).
6. The general process for making appointments is described in Figure 1 below.
Figure 1: Appointment process
7. Appointments to the Tāmaki Redevelopment Company are made jointly with the Crown.
Tātaritanga me ngā tohutohu
Analysis and advice
8. The confidential reports on this agenda consider the decisions noted in Table 1:
Table 1: Overview of decisions sought in the confidential reports
Entity name |
Decision sought |
Previous decisions |
Auckland Transport |
Approval to appoint a new board chair. |
Approval of criteria and appointment of Cr Watson to the selection panel [PACCC/2023/33] Appointment of Cr Sayers to the selection panel [PACCC/2023/45] Approval of a short-list [PACCC/2023/61] |
Tāmaki Redevelopment Company |
Approval to appoint two board members jointly with the Crown |
Agreement on criteria, short-list candidates and to appoint Cr Josephine Bartley to the selection panel [PACCC/2023/48] |
Board Interns
9. The Policy notes council’s commitment to supporting initiatives that support a diverse range of aspiring directors to develop their governance skills, knowledge and experience and to build a diverse pool of experienced directors for Auckland organisations and companies. To support this objective council has run a board intern programme.
10. This programme places aspiring directors onto the boards of substantive CCOs where they observe the board and are encouraged to participate in discussions without exercising any voting powers or engaging in any activity where they may be ‘deemed directors’ of the organisation.
11. The previous intake of interns ran for 18 months from 1 January 2022 to 30 June 2023. A new intake is proposed from 1 January 2024-30 June 2025.
12. For the 2024-2025 intern programme, the boards of Auckland Transport and Eke Panuku Development Auckland have confirmed that they would like to host an intern. Watercare Services Limited may opt to host an intern in the event that the Water Reform Programme does not mean that they are disestablished in 2024. Participating boards will be represented on the selection panel.
13. Board interns are not remunerated.
14. The committee is asked to appoint a representative of the Enduring Pool of Governing Body members to represent the committee on the selection panel for board interns.
Tauākī whakaaweawe āhuarangi
Climate impact statement
15. 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.
16. 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.
17. 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
18. 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
19. Board appointments to the entities considered in the confidential reports are a responsibility that sits with 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
20. 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
21. There are no new financial implications arising from the confidential reports.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
22. 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
23. Next steps regarding appointments to Auckland Transport and Tāmaki Redevelopment Company are noted in the confidential agenda reports.
24. The board intern programme will be advertised and the selection panel will be asked to review the applicants and recommend a short list to this committee.
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 19 September 2023 |
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Review of the Forward Work Programme - Performance and Appointments Committee
File No.: CP2023/12748
Te take mō te pūrongo
Purpose of the report
1. To arotake / review and tuhi / note progress on the 2023 Performance and Appointments Committee forward work programme.
Whakarāpopototanga matua
Executive summary
2. The forward work programme for the Performance and Appointments Committee was adopted by the committee at its meeting held on 18 April 2023 (Resolution number PACCC/2023/19). It was agreed that the forward work programme would be reported for information and reviewed on a six-monthly basis.
3. All committees have been requested to review their forward work programme, by the end of September 2023.
4. Following approval, all committee forward work programmes will be reported to the Governing Body in April and October each year, for oversight as per the Terms of Reference.
5. The current forward work programme for the Performance and Appointments Committee is appended as Attachment A.
6. Specific amendments have been made since the last review, as follows:
· Process for Chief Executive Recruitment has been updated
· one item has been moved to the “completed” section of the document
· items that do not require a committee decision have not been included in this report and will be communicated via briefings or memos
· any new additions will be highlighted in red text
· any deletions will
be shown in strikethrough.
7. Following the approval of the forward work programme, it will be reported to the Governing Body, for oversight as per the Terms of Reference.
Recommendation/s
That the Performance and Appointments Committee:
a) riro / receive and arotake / review the progress on the 2023 forward work programme as appended in Attachment A of the agenda report.
b) whakaae / approve the updated forward work programme.
Attachments
No. |
Title |
Page |
a⇩ |
Forward Work Programme |
13 |
Ngā kaihaina
Signatories
Author |
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors |
Authoriser |
Anna Bray - Acting Director - Governance and CCO Partnerships |
Performance and Appointments Committee 19 September 2023 |
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Performance and Appointments Committee / Komiti mō ngā
Kopounga me Te Kounga o ngā Mahi This committee has the oversight to make appointments to Council-Controlled Organisations (CCOs), Council Organisations (COs), Ports of Auckland Limited and exempt CCOs and COs and other entities, with the exception of Auckland International Airport Limited (for the avoidance of doubt, the authority to make appointments also includes the power to remove appointees). The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference |
Area of work and Lead Department |
Pūnga / Reason for work |
Committee role (whakatau / decision and/or tika / direction) |
Expected timeframes Highlight the month(s) this is expected to come to committee in 2023 |
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Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
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Appointments and Renumeration Policy Review
CCO Governance and External Partnerships |
In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations. |
To approve policies related to appointments and renumeration policy.
Progress to date To make amendments and recommendations to improve the decision-making processes relating to the Appointments and Remuneration Policy for Board Members of Council Organisations (the Policy) and Ports of Auckland Limited (POAL) director appointments - 21 February 2023 Report
on review of Director Remuneration for 2022-2025
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Auckland War Memorial Museum
CCO Governance and External Partnerships |
Auckland Council makes 5 appointments to the AWMM Board and 6 appointments to the MOTAT Board. The appointments are to replace or renew directors whose terms are expiring. |
To approve appointments
Progress to date Update received 16 May 2023 Shortlist candidates 15 August 2023
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Board Interns
CCO Governance and External Partnerships |
In 2013, Auckland Council approved a director intern programme known as the board intern programme. 1 per substantive CCO |
To approve appointments |
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CCO Director Appointments and Reappointments
CCO Governance and External Partnerships |
In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations. |
To approve: - Appointment - Reappointment - briefs for vacancies - Panel members - Shortlisted candidates for interview
Progress to date: To receive information about the processes to appoint directors, establish appointment panels and to delegate decision making to allow the recruitment of one director of Auckland Transport and the Tātaki Auckland Unlimited chair - 13 December 2022 Link to released report and minutes To appoint a replacement member to the selection panel for the recruitment of the Tātaki Auckland Unlimited chair - 21 February 2023 Link to released report and minutes To
receive information about the process to appoint a chair to the Tātaki
Auckland Unlimited board that will be considered in the confidential part of
this meeting – 21 March 2022 Selection panel for Ports of Auckland
Limited Board Appointment 18 April 2023 Appointments
to the Auckland Transport Board 18 April 2023 Auckland
Transport Board Appointments for 2023 16 May 2023 Reappointments
to the Board of Tākaki Auckland Unlimited Reappointment
od directors to Eke Panuku Development Auckland 15 August 2023 Shortlist
of candidates for Auckland Transport Chair
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As and when required |
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CCOs Non-substantive
CCO Governance and External Partnerships |
· COMET · Te Tuhi Contemporary Arts Foundation · Taumata Toi a Iwi · Manukau Beautification Trust In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations. |
To approve appointments
Progress to date: Appointments
to the Board of Manukau Beautification Charitable Trust 16 May 2023 Appointment
of Trustees to the Board of Community Education Trust 2023-2026 20 June 2023 Appointments
to the Arts Regional Trust 15 August 2023
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CE Performance Objectives
Group Services |
CE review process |
Half-yearly review of Chief Executives Performance Objectives.
Progress to date:
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CE Recruitment
Group Services |
CE recruitment process
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Agree long-list of candidates Long-list interviews Agree short-list candidates and recommend to Governing Body
Progress to date: Process
Report 22 August 2023
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City Rail Link Limited (CRLL)
CCO Governance and External Partnerships |
In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations. |
To approve appointments |
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Haumaru Housing
CCO Governance and External Partnerships |
2 x appointments |
To approve appointments
Progress to date: To provide transparency about the process to appoint directors
to the board of the Tāmaki Redevelopment Company (TRC) and Haumaru
Housing – 21 February 2023 Approval of shortlist candidates 16 May 2023 Appointment to Board 20 June 2023
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Museum of Transport and Technology (MOTAT)
CCO Governance and External Partnerships |
Auckland Council makes 5 appointments to the AWMM Board and 6 appointments to the MOTAT Board. The appointments are to replace or renew directors whose terms are expiring. |
To approve appointments
Progress to date: Process Report 18 July 2023
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Tamaki Redevelopment Company
CCO Governance and External Partnerships |
Auckland Council is a joint shareholder with the Crown. Council has one director it is responsible for appointment, and jointly appoints with the Crown the other directors. |
To approve appointments
Progress to date: To provide
transparency about the process to appoint directors to the board of the
Tāmaki Redevelopment Company (TRC) and Haumaru Housing – 21
February 2023 Report on process to make appointments 18 July 2023
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Water entity appointments / Regional representatives
CCO Governance and External Partnerships |
Awaiting legislation |
To approve appointments |
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Completed
Area of work and Lead Department |
Committee role |
Whakatau / Decision |
Auckland Regional Amenities Funding Board
CCO Governance and External Partnerships |
The Auckland Regional Amenities Funding Act 2008 (the Act) established a model for funding ten specified regional amenities. The Act established two administrative bodies, the Funding Board and the Amenities Board. Council appoints 6 members of the ARAFA Board. |
Process for appointments 18 April 2023 Link to decision Update received 18 July 2023 Link to decision and Link to restatement for shortlist Appointments to the Board 15 August 2023 Link to restatement
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Performance and Appointments Committee 19 September 2023 |
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Summary of Confidential Decisions and related information released into Open
File No.: CP2023/12770
Te take mō te pūrongo
Purpose of the report
1. To note confidential decisions and related information released into the public domain.
Whakarāpopototanga matua
Executive summary
2. This is a regular information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.
3. The following decisions/documents are now publicly available:
Date of Decision |
Subject |
14.2.23 |
Appointments to the Haumaru Housing board |
14.2.23 |
Appointment of directors for Tāmaki Redevelopment Company |
21.3.23 |
Appointment of new chair for Tātaki Auckland Unlimited Media Release New chair for Tātaki Auckland Unlimited - OurAuckland (aucklandcouncil.govt.nz) |
18.4.23 |
Appointments to the Auckland Transport board Media Release 16.5.23 Auckland Transport Directors appointed - OurAuckland (aucklandcouncil.govt.nz) |
16.5.23 |
Appointments to the board of Manukau Beautification Charitable Trust |
16.5.23 |
Auckland War Memorial Museum appointments 2023 |
20.6.23 |
Appointment to the Haumaru Housing board |
20.6.23 |
Appointment of trustees to the board of Community Education Trust 2023-2026 |
18.7.23 |
Appointments to the Museum of Transport and Technology board |
15.8.23 |
Appointments to the Arts Regional Trust |
15.8.23 |
Appointments to the Auckland Regional Amenities Funding Board |
15.8.23 |
Reappointments of directors to Eke Panuku Development Auckland |
4. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Governing Body members should direct any questions to the authors.
Recommendation/s That the Performance and Appointments Committee: a) tuhi ā-taipitopito / note the confidential decisions and related information that is now publicly available: i) Appointments to the Haumaru Housing board ii) Appointment of directors for Tāmaki Redevelopment Company iii) Appointment of new chair for Tātaki Auckland Unlimited iv) Appointments to the Auckland Transport board v) Appointments to the board of Manukau Beautification Charitable Trust vi) Auckland War Memorial Museum appointments 2023 vii) Appointment to the Haumaru Housing board viii) Appointment of trustees to the board of Community Education Trust 2023-2026 ix) Appointments to the Museum of Transport and Technology board x) Appointments to the Arts Regional Trust xi) Appointments to the Auckland Regional Amenities Funding Board xii) Reappointments of directors to Eke Panuku Development Auckland
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Attachments
No. |
Title |
Page |
a⇩ |
Summary of Confidential Information Released |
21 |
Ngā kaihaina
Signatories
Author |
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors |
Authoriser |
Anna Bray - Acting Director - Governance and CCO Partnerships |
Performance and Appointments Committee 19 September 2023 |
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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: Appointments to the board of the Tāmaki Redevelopment Company
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 Tāmaki Redevelopment Company |
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 of the chair for Auckland Transport
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 Auckland Transport chair. |
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. |