I hereby give notice that an ordinary meeting of the CCO Direction and Oversight Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 12 October 2023

10.00am

Room 1, Level 26
135 Albert Street
Auckland

 

Komiti mō te Whakahaere Tikanga me te Aro ki

te Pae Tawhiti mō ngā Whakahaere ka

Whakahaerehia e te Kaunihera /

Council Controlled Organisation Direction

and Oversight Committee

 

OPEN AGENDA

 

 

MEMBERSHIP

 

Chairperson

Cr Shane Henderson

 

Deputy Chairperson

Cr Kerrin Leoni

 

Members

Cr Josephine Bartley

IMSB Chair David Taipari

 

Cr Angela Dalton

Cr Ken Turner

 

Cr Chris Darby

Cr Wayne Walker

 

IMSB Member Hon Tau Henare

Cr John Watson

 

Cr Richard Hills

Cr Maurice Williamson

 

Cr Daniel Newman, JP

 

Ex-officio

Mayor Wayne Brown

 

 

Deputy Mayor Desley Simpson, JP

 

 

(Quorum 6 members)

 

 

Duncan Glasgow

Kaitohutohu Mana Whakahaere Matua /

Senior Governance Advisor

 

9 October 2023

 

Contact Telephone: +64 9 8902656

Email: duncan.glasgow@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 


Council Controlled Organisation Direction and Oversight Committee

12 October 2023

 

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          Summary of Council Controlled Organisation Direction and Oversight Committee information memoranda and briefings (including the forward work programme) – 12 October 2023   7

9          Council-controlled Organisation accountability requirements exemption for Manukau Beautification Charitable Trust          9

10        Port of Auckland Limited Performance Update                        13

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                                                                                          15

C1       CONFIDENTIAL: Port of Auckland Limited Future Strategy Update                                                                                           15


 

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 Council Controlled Organisation Direction and Oversight Committee:

a)           whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 14 September 2023, including the confidential section, as a true and correct record.

 

 

 

 

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

 

 

 

 


Council Controlled Organisation Direction and Oversight Committee

12 October 2023

 

Summary of Council Controlled Organisation Direction and Oversight Committee information memoranda and briefings (including the forward work programme) – 12 October 2023

File No.: CP2023/00602

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To tuhi ā-taipitopito / note the progress on the Council Controlled Organisation Direction and Oversight Committee forward work programme appended as Attachment A. 

2.      To whiwhi / receive a summary and provide a public record of memoranda or briefing papers that have been distributed to the Council Controlled Organisation Direction and Oversight Committee.

Whakarāpopototanga matua

Executive summary

3.      This is a regular information-only report which aims to provide greater visibility of information circulated to Council Controlled Organisation Direction and Oversight Committee members via memoranda/briefings or other means, where no decisions are required.

4.      The following information items have been distributed:

Date

Subject

22/9/2023

Haumaru Housing six-monthly report (1 January – 30 June 2023)

22/9/2023

Te Hononga Akoranga COMET six-monthly report (1 January – 30 June 2023)

5.      No workshops/briefings have occurred.

6.      Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Committee members should direct any questions to the relevant staff.

 

Ngā tūtohunga

Recommendation/s

That the Council Controlled Organisation Direction and Oversight Committee:

a)      tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report

b)      whiwhi / receive the Summary of Council Controlled Organisation Direction and Oversight Committee information memoranda and briefings – 12 October 2023.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

 

b

Haumaru Housing six-monthly report (1 January – 30 June 2023)

 

c

Te Hononga Akoranga COMET six-monthly report (1 January – 30 June 2023)

 

      

Ngā kaihaina

Signatories

Author

Duncan Glasgow - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Alastair Cameron - Manager - CCO Governance & External Partnerships

 

 


Council Controlled Organisation Direction and Oversight Committee

12 October 2023

 

Council-controlled Organisation accountability requirements exemption for Manukau Beautification Charitable Trust

File No.: CP2023/12707

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To exempt Manukau Beautification Charitable Trust (MBCT) from the accountability requirements as a council-controlled organisation.

Whakarāpopototanga matua

Executive summary

2.      Section 7(3) of the Local Government Act 2002 provides for local authorities to exempt a council-controlled organisation (CCO) from accountability requirements following an assessment of:

·    the nature and scope of the CCO’s activities

·    the costs and benefits of exempting to the local authority, the CCO, and the community (section 7(5)).

3.      Providing an exemption under section 7 of the Local Government Act has the effect of treating MBCT as if it were not a CCO.  MBCT would therefore not be required to meet the various accountability requirements, including approval of a statement of intent (SOI).

4.      An exemption for MBCT is recommended to remove the administrative burden and duplication of performance reporting between their SOI and contract for services with council.  The same exemption is granted to 11 other CCOs.

5.      MBCT Chief Executive Daniel Barthow will also attend and present on their work achievements and plans for the future.

 

Ngā tūtohunga

Recommendation/s

That the Council Controlled Organisation Direction and Oversight Committee:

a)      whiwhi / receive the presentation from Manukau Beautification Charitable Trust Chief Executive Daniel Barthow on recent achievements and future plans

b)      whakaae / approve an exemption from accountability requirements of a council-controlled organisations to the Manukau Beautification Charitable Trust under section 7(3) of the Local Government Act 2002

c)      whakaae / agree to review the exemption by September 2025.

Horopaki

Context

5.      MBCT was established as a CCO in 2001 by Manukau City Council to “promote and support civic beautification within Manukau City for the benefit of the Manukau Community and the public at large” as per the trust deed.

6.      Since amalgamation, MBCT has continued to carry out graffiti management and weed control services within the six most southern local boards of Māngere-Ōtāhuhu, Ōtara-Papatoetoe, Howick, Manurewa, Papakura, and Franklin.

7.      MBCT’s contracted operations within these areas include:

·    Graffiti management for Auckland Council

·    Graffiti management, weed and rubbish control of the KiwiRail corridor with Auckland Transport

·    Graffiti management of electricity utility boxes for Vector.

8.      MBCT operates as a social business and reinvests back into the South Auckland community.  MBCT fulfils its charitable status by re-investing surpluses from contracts into community pride initiatives and environmental education.

9.      The CCO Direction and Oversight Committee approved MBCT’s 2023-2026 SOI on 10 August 2023 (CDOCC/2023/31). 

10.    Section 7(3) of the Local Government Act 2002 provides for local authorities to exempt a CCO from the accountability requirements associated with a CCO.

11.    The council can revoke an exemption at any time and must review it every three years.

12.    The Governing Body approved the same exemption to 11 CCOs on 20 September 2022 with an agreement to review these exemptions by September 2025 (CCO/2022/38). MBCT was not included at their own request, but now seek the exemption.

Tātaritanga me ngā tohutohu

Analysis and advice

13.    MBCT has requested the exemption from SOI accountability requirements to minimise the reporting burden, citing duplication between reporting against the SOI and their contract for services with council.

14.    Providing the exemption will remove the duplication between MBCT’s SOI and their contract for services with council. Requiring an SOI and regular reporting against the performance measures contained in the SOI adds reporting requirements disproportionate to the size and scale of smaller CCOs.

15.    The Performance and Appointments Committee will maintain board appointment responsibilities and council will continue to retain receipt of financial reports for the group financial report. These two processes enable oversight of MBCT and opportunity to identify issues affecting the exemption status.

16.    In addition to the regular reporting against performance measures in their contract with council, MBCT publishes an annual report covering their performance.

17.    MBCT’s Trust Deed will continue to define the CCO’s scope and nature of operations.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.    This is a procedural report that does not impact climate outcomes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.    Parks & Community Facilities, who manage council’s contract with MBCT, are positive about their performance. The proposed exemption would not affect their performance reporting.


 

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

20.    Local board views were not sought as decision-making on the governance of CCOs is a responsibility of the Governing Body. While this CCO operates at a sub-regional level and interacts with local communities and local boards, the decision sought in this report does not impact on these activities. 

Tauākī whakaaweawe Māori

Māori impact statement

21.    The exemption proposed in this report have no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

22.    There are no financial implications arising from the proposed exemption in this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.    Granting an exemption reduces the accountability mechanisms for council. However, as noted above, council continues to maintain appointment rights, receipt of financial reports for the group financial report, and council’s existing contract for services monitors MBCT’s performance.

Ngā koringa ā-muri

Next steps

24.    If approved, the Manager, CCO Governance and External Partnerships will notify MBCT of the exemption from preparing a statement of intent, and of the proposed exemption period. 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Alexander Croft - Senior Advisor

Authoriser

Alastair Cameron - Manager - CCO Governance & External Partnerships

 

 


Council Controlled Organisation Direction and Oversight Committee

12 October 2023

 

Port of Auckland Limited Performance Update

File No.: CP2023/14370

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To whiwhi / receive an update from Port of Auckland Limited (POAL) on their performance for the 2022/2023 financial year and future outlook.

Whakarāpopototanga matua

Executive summary

2.      The CCO Direction and Oversight committee has responsibility for the monitoring performance of council-controlled organisations (CCOs) and POAL. It has been agreed that CCOs and POAL attendance at committee meetings will be rotated, with attendance by each entity on a rolling basis. This will allow more time for in-depth and up to date performance discussion.

3.      POAL representatives will be in attendance to present on their performance for the 2022/2023 financial year and future outlook and answer any questions. The POAL presentation will be attached to the meeting minutes, following this meeting.

4.      POAL’s annual report and full year results for the key performance indicators against annual targets in the 2022-2025 Statement of Corporate Intent went to the CCO Direction and Oversight Committee in September 2023.

 

Ngā tūtohunga

Recommendation/s

That the Council Controlled Organisation Direction and Oversight Committee:

a)      whiwhi / receive the update from Port of Auckland Limited on year-to-date performance for 2022/2023 and future outlook.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Chris Levet - Principal Advisor

Authoriser

Alastair Cameron - Manager - CCO Governance & External Partnerships

 

 


Council Controlled Organisation Direction and Oversight Committee

12 October 2023

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Council Controlled Organisation Direction and Oversight Committee

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: Port of Auckland Limited Future Strategy 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)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

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 item contains information regarding the commercial activities of Port of Auckland Limited

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.