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Governing Body
28 September
2023
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1 Ngā Tamōtanga | Apologies
Te Mihi | Acknowledgement
The Governing
Body acknowledged the Warriors League Team and the exciting season that they
had had.
Cr L Fuli entered
the meeting at 10.10am.
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
4 Ngā Kōrero a te Marea | Public Input
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4.1
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Public Input: Muriwai Stickered
Residents Group (MSRG) - Issues related to Category 3
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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.
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Cr J Watson entered the meeting at
10.19am.
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Resolution
number GB/2023/163
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) whiwhi
/ receive the public input from Muriwai
Stickered Residents’ Group
regarding “Issues related to Category 3” and whakamihi / thank them for their attendance.
CARRIED
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Attachments
a 28 September 2023, Governing Body: Item
4.1 - Public Input: Muriwai Stickered Residents Group (MSRG) - Issues
related to Category 3, Presentation
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4.2
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Public Input: Piha and Karekare
Stickered Residents Group (PKA SRG) - Issues related to Category 2
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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.
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Resolution
number GB/2023/164
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) whiwhi
/ receive the public input from Piha
and Karekare Stickered Residents’ Group regarding “Issues related to Category 2” and whakamihi / thank them for their
attendance.
CARRIED
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Attachments
a 28 September 2023, Governing Body: Item
4.2 - Public Input: Piha and Karekare Stickered Residents Group (PKA
SRG) - Issues related to Category 2, Presentation
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4.3
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Public Input: Auckland Stickered
Residents Group (ASRG) Summary - Issues related to Community Specific
Variations
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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.
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Cr J Bartley entered the meeting
at 10.34am.
Cr C Fletcher entered the meeting at 10.58am.
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Resolution
number GB/2023/165
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) whiwhi
/ receive the public input from Auckland Stickered Residents’ Group regarding “Issues related to Community Specific
Variations” and whakamihi /
thank them for their attendance.
CARRIED
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Attachments
a 28 September 2023, Governing Body: Item
4.3 - Public Input: Auckland Stickered Residents Group (ASRG) Summary -
Issues related to Community Specific Variations, Presentation
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The meeting adjourned at 11.05am and
reconvened at 11.16am.
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4.4
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Public Input: Chris Newman - the
Council and its CEO's schemes for Maorification of our city's politics,
culture, economy and customs
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This item was withdrawn.
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5 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
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5.1
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Local Board Input: Whau Local Board -
Te Hono Funding Options
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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.
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Resolution
number GB/2023/166
MOVED by Mayor W Brown, seconded by Cr K Leoni:
That
the Governing Body:
a) whiwhi
/ receive Whau Local Board input regarding “Te Hono Funding Options” and whakamihi / thank the
local board for their attendance.
CARRIED
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Attachments
a 28 September 2023, Governing Body: Item
5.1 - Local Board Input: Whau Local Board - Te Hono Funding Options,
Presentation
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5.2
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Local Board Input: Waiheke Local Board
- Downtown Carpark
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This was request was withdrawn.
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5.3
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Local Board Input: Waitakere Ranges
Local Board - Piha and Karekare Stickered Residents
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Resolution
number GB/2023/167
MOVED by Cr K Turner, seconded by Cr S Henderson:
That
the Governing Body:
a) whiwhi
/ receive Waitakere Ranges Local Board input regarding “Piha and
Karekare Stickered Residents”
and whakamihi / thank the local board for their attendance.
CARRIED
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6 Ngā Pakihi Autaia | Extraordinary Business
There was no
extraordinary business.
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7
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Petition: Takapuna Residents
Association - Takapuna to Milford Coastal Walkway
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Trish Deans and Graham Saxon on
behalf of Takapuna Residents Association presented the petition and tabled
the hard copy signatures to the petition. Copies have been placed on
the official minutes.
The online petition can be viewed at
the following link: https://www.change.org/p/the-takapuna-to-milford-coastal-walkway-is-at-risk-of-closing
Petition
Prayer:
“We the undersigned request the Mayor and
Councillors of Auckland Council achieve an urgent resolution for continued
public access to the section of the Coastal Walkway from Takapuna to Milford
that crosses private property past the Firth Cottage and forms part of the
national Te Araroa Trail.”
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Note: changes
to the original motion, amending clauses c) were made with the agreement of
the meeting.
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Resolution
number GB/2023/168
MOVED by Cr R Hills, seconded by Cr C Darby:
That
the Governing Body:
a) whakaae
/ accept the petition in relation to the Takapuna to Milford Coastal Walkway,
in particular the section known as the Paul Firth Walkway forming part of the
Te Araroa Trail
b) whakamihi
/ thank Sandra Allen on behalf of the Takapuna Residents’ Association
for attending the meeting
c) tuku ki tangata kē / forward the petition to the Chief Executive for
consideration and request that a formal response in writing be provided to
the petitioners.
CARRIED
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8
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Referred from the Audit and Risk Committee -
Annual Report on the Performance of the Audit and Risk Committee
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Bruce
Robertson, outgoing Chair of the Audit and Risk Committee presented the
report to the Governing Body.
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Resolution
number GB/2023/169
MOVED by Cr L Fuli, seconded by Cr C Fletcher:
That
the Governing Body:
a) tuhi ā-taipitopito / note the Annual Report
on the Performance of the Audit and Risk Committee
b) whakamihi
/ thank Bruce Robertson for his service to Auckland Council, in particular,
his work with the Audit and Risk Committee.
CARRIED
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9
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Te Hononga Akoranga COMET - request to
revoke CCO status
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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.
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Cr C Darby left the meeting at
12.05pm.
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Resolution
number GB/2023/170
MOVED by Cr A Filipaina, seconded by Cr C Fletcher:
That
the Governing Body:
a) whakaae / agree changes in the Te
Hononga Akoranga COMET trust deed, that would revoke their CCO status, remove
references to the Local Government Act and remove the restriction on working
outside Auckland.
b) tautapa / delegate to the Director of
Governance and CCO Partnerships the authority to execute the amendments to
the Deed of Charitable Trust to give effect to a) above
c) tuhi ā-taipitopito / note two further payments for Te Hononga Akoranga COMET are budgeted, $250k in 2024/2025 and
$150k in 2025/2026, an
incremental reduction in funding from council.
d) whakamihi / thank Te Hononga
Akoranga COMET for their work as an Auckland Council CCO, and their
contribution to educational outcomes in Tamaki Makaurau.
CARRIED UNANIMOUSLY
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Attachments
a 28 September 2023, Governing Body: Item
9 - Te Hononga Akoranga COMET - request to revoke CCO status, Presentation
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10
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Budget reallocation for the new community
facility in Avondale, Te Hono
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Cr C Darby
returned to the meeting at 12.09pm.
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Note: changes
to the original motion were made, adding new clauses b) and c), as a
chair’s recommendation.
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Resolution
number GB/2023/171
MOVED by Cr K Leoni, seconded by Cr K Turner:
That
the Governing Body:
a) whakaae
/ approve the reallocation of $15 million in financial year 2026/2027, from
the Whau aquatic and recreation centre development budget to the Avondale
community centre development budget with the proviso that any unspent capital
budget is reallocated back to the Whau aquatic and recreation centre development
budget.
b)
tuhi
ā-taipitopito / note that the overall total combined budget envelope for
both the Whau recreation centre and Te Hono does not change
c)
tuhi
ā-taipitopito / note that the new funding allocation will form part of
the baseline Long-term Plan 2024-2034 and that in the present financial
circumstances the Governing Body records its position that it will not
support any future request to the Governing Body to increase the combined
budget envelope for these specific projects through future annual budget /
Long-term Plan processes.
CARRIED
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Note: Under
Standing Order 1.8.6, Cr M Williamson requested that his dissenting vote be
recorded.
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The meeting adjourned at 12.26pm and reconvened
at 1.02pm.
Cr G Sayers and Cr W Walker were not
present.
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11
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Proposed legislation for transport in
Auckland
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Resolution
number GB/2023/172
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) tuhi
ā-taipitopito / note the advice
received from the Office of the Clerk of the House that as proposed the draft
Bill cannot be progressed as a local bill
b) whakaae / approve the key elements of the draft Bill
attached to this report, which will:
i) facilitate
integrated long-term transport planning and decision making for the Auckland
region
ii) enable
joint decision-making between Auckland Council and the Crown for the delivery
of transport priorities that give effect to agreed strategic outcomes
iii) establish
a two-tiered governance structure, the Joint Transport Committee for Auckland
and the Auckland Regional Transport Committee, for transport planning and
management in Auckland
iv) provide
in statute for an Integrated Transport Plan to be developed between the
Council and the Crown
v) enable
Auckland Council to lead development of the Regional Land Transport Plan
vi) provide
for the Auckland Regional Transport Committee to comprise primarily of
elected members
c) tono
/ request the Mayor to engage with the incoming government on progressing the
draft Bill as a government bill
d) tono
/ request that staff continue to work on options for legislative change to
enable Auckland Council to
set parking fines and deal with other regulatory issues such as parking on
berms, and to provide for this in the draft Bill as appropriate
e) whakamana / authorise the Mayor, Deputy Mayor and Chair
of Transport and Infrastructure committee to approve any final material to be
provided to the incoming government.
CARRIED
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12
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Recovery Office Update
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Cr G
Sayers returned to the meeting at 1.17pm.
Cr W Walker returned to the meeting at 1.17pm.
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Resolution
number GB/2023/173
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
That
the Governing Body:
a) tuhi-ā-taipitopito
/ note progress with the Tāmaki Makaurau Recovery efforts.
b) whakaae / agree to extend the delegations of the Storm Recovery Political Advisory
Group established at the 22 June 2023 Governing Body meeting, to provide
guidance to staff for the duration of the recovery effort and to make
recommendations to the Governing Body as set out in Attachment B of the agenda report.
CARRIED
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13
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Storm Recovery and Resilience consultation
feedback
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A PowerPoint
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.
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Resolution
number GB/2023/174
MOVED by Cr J Fairey, seconded by Cr W Walker:
That
the Governing Body:
a) tuhi
ā-taipitopito / note the feedback received through consultation on the
Tāmaki Makaurau Recovery Plan and proposed Making Space for Water
programme
b) whakamihi
/ thank the demographic advisory panels cross-panel representatives for their
presentation
c) whakarite
/ provide this report and attachments to the local boards.
CARRIED
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Attachments
a 28 September 2023, Governing Body: Item
13 - Storm Recovery and Resilience consultation feedback, Presentation
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15
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Report back from Political Working Groups
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Resolution
number GB/2023/176
MOVED by Cr L Fuli, seconded by Cr W Walker:
That
the Governing Body:
a) receive
the six attached reports from the Revenue; Investments; Regional Parks;
Stadium Venues; Arts, Social, Sporting & Cultural and Māori Outcomes
political working groups
b) refer
the reports to the Mayor and Chief Executive for consideration
c) agree
that the Regional Parks; Stadium Venues; Māori Outcomes; Investments;
and Arts, Social, Sports & Community political working groups continue
meeting, with a clear expectation that these are councillor-led and require
minimal staff involvement.
CARRIED
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16
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Summary of Governing Body and Committee
information memoranda and briefings (including the Forward Work Programme) -
28 September 2023
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Resolution
number GB/2023/177
MOVED by Cr W Walker, seconded by Cr M Williamson:
That
the Governing Body:
a) whiwhi
/ receive the Summary of Governing Body information memoranda and briefings
(including the Forward Work Programme) – 28 September 2023.
CARRIED
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17
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Preparation of the Auckland Council Group
and Auckland Council quarterly performance reports to 30 June 2023
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Resolution
number GB/2023/178
MOVED by Mayor W Brown, seconded by Cr M Williamson:
That
the Governing Body:
a) tuhi
ā-taipitopito / note the
update on the Auckland Council Group and Auckland Council quarter four performance
reports.
b) tuhi
ā-taipitopito / note the Auckland Council Group and Auckland Council
quarter four performance reports are included in the confidential part of
this meeting.
CARRIED
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18
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Preparation of the draft Auckland Council
Annual Report 2022/2023 and the draft Auckland Council Summary Annual Report
2022/2023
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Resolution
number GB/2023/179
MOVED by Mayor W Brown, seconded by Cr M Williamson:
That
the Governing Body:
a) tuhi ā-taipitopito / note the confirmation by the Audit and Risk Committee
that the audit process, in respect of the draft Auckland Council Annual
Report 2022/2023 and the draft Auckland Council Summary Annual Report
2022/2023, has been completed satisfactorily and recommended them for
adoption by the Governing Body
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 in the confidential section of this meeting.
CARRIED
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19
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Acting Chief Executive and Group Chief
Financial Officer Update
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The monthly dashboard 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.
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Cr A Filipaina left the meeting at
2.44pm.
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Resolution number GB/2023/180
MOVED by Cr A
Baker, seconded by Cr A Dalton:
That the Governing Body:
a) whiwhi
/ receive the information provided in this report, in the monthly financial
dashboard circulated prior to the meeting and the verbal updates by the
Interim Chief Executive and Group Chief Financial Officer.
CARRIED
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20 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
There was no
consideration of extraordinary items.
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21 Te Mōtini ā-Tukanga hei Kaupare i
te Marea | Procedural
motion to exclude the public
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Resolution
number GB/2023/181
MOVED by Cr A Baker, seconded by Cr A Dalton:
That the Governing Body:
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 Auditor-General, David Taylor – Sector Manager
– Auckland, Athol Graham – Audit New Zealand Audit Director,
Karen McKenzie - Audit New Zealand Audit Director be permitted to remain for Confidential Item C4
- Adoption of the Auckland Council Annual Report 2022/2023 and the Summary
Annual Report 2022/2023 and C5 - Office of the Auditor-General and Audit New
Zealand briefing after the public has been excluded, because of their
knowledge of the matter under discussion, which will help the Governing Body
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:
10 Budget
reallocation for the new community facility in Avondale, Te Hono - Attachment
a - Confidential report to Whau
Local Board seeking direction on reallocation
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
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 detail that may prejudice future
negotiations of the local board.
In
particular, the report contains detail that may prejudice future
negotiations of the local board.
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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.
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C1 CONFIDENTIAL:
Downtown Carpark strategic transport outcomes and funding
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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, matters to be discussed in relation to this item include
commercial aspects of the council's carparking operations.
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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.
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C2 CONFIDENTIAL:
Consideration of potential land acquisition
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
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
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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.
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C3 CONFIDENTIAL:
Auckland Council Group and Auckland Council Quarterly Performance Report for
the twelve months ending June 2023
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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 may not be released to the
public until it is released to the NZX on 29 September 2023.
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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.
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C4 CONFIDENTIAL:
Adoption of the Auckland Council Annual Report 2022/2023 and the Summary
Annual Report 2022/2023
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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 can only be made
public following the release of the annual report to the NZX on 29
September 2023.
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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.
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C5 CONFIDENTIAL:
Office of the Auditor-General and Audit New Zealand briefing
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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.
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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.
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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
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3.08pm 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.
5.32pm The
public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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CONFIDENTIAL: Downtown Carpark
strategic transport outcomes and funding
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This item was withdrawn.
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C3
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CONFIDENTIAL: Auckland Council Group and
Auckland Council Quarterly Performance Report for the twelve months ending
June 2023
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Resolution
number GB/2023/182
MOVED by Mayor W Brown, seconded by Deputy Mayor D
Simpson:
a) whiwhi
/ receive the Auckland Council Group and Auckland Council quarterly
performance reports for the year ended 30 June 2023
b) whakaae
/ agree that the decisions be restated in the open minutes, but the
attachments to this report and their content remain confidential.
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C4
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CONFIDENTIAL: Adoption of the Auckland
Council Annual Report 2022/2023 and the Summary Annual Report 2022/2023
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Resolution
number GB/2023/184
MOVED
by Cr M Williamson, seconded by Cr W Walker:
That the Governing Body:
a) tuhi ā-taipitopito / note that all matters raised by
the Audit and Risk Committee in relation to the annual report content, have
been resolved
b) whai /
adopt the audited Volumes 1, 2 and 3 of the Auckland Council Annual Report
2022/2023
c) whai
/ adopt the unaudited Volume 4 of the Auckland Council Annual Report
2022/2023
d) whai /
adopt the audited Auckland Council Summary Annual Report 2022/2023
Restatement
e) whakaae
/ agree that the draft Auckland Council Annual Report 2022/2023 and draft
Summary Annual Report 2022/2023, provided as Attachments B-F, will remain
confidential until the release of the Auckland Council Annual Report
2022/2023 and Summary Annual Report 2022/2023 to the NZX and the public, when
these reports will immediately be published on Auckland Council’s
website
f) whakaae
/ agree that the decisions will be restated in the open minutes.
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Note: Under Standing Order
1.8.3, Cr K Turner requested that his abstention be recorded.
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Note: Following the meeting, the 2022/2023 Annual Report for
the Auckland Council group and the 2022/2023 Summary Annual Report for the
Auckland Council group were made available on the Auckland Council website at
the following link: https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-annual-reports/Pages/current-annual-report.aspx
5.32pm 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:.......................................................
