I hereby give notice that an ordinary meeting of the Performance and Appointments Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 17 October 2023

2.00pm

Room 1, Level 26
135 Albert Street
Auckland

 

Komiti mō ngā Kopounga me Te Kounga o ngā Mahi / Performance and Appointments Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Daniel Newman, JP

 

Deputy Chairperson

Cr Mike Lee

 

Members

Mayor Wayne Brown

 

 

Cr Christine Fletcher, QSO

 

 

Cr Lotu Fuli

 

 

Cr Richard Hills

 

 

Cr Greg Sayers

 

 

Cr John Watson

 

 

Cr Maurice Williamson

 

Ex-officio

Deputy Mayor Desley Simpson, JP

 

 

IMSB Chair David Taipari

 

 

(Quorum 4 members)

 

 

 

Sam Riddiford

Governance Advisor

 

12 October 2023

 

Contact Telephone: +64 21 305 1871

Email: sam.riddiford@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Performance and Appointments Committee

17 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          Process to make appointments to the boards of council-controlled organisations and other entities                                7

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

PUBLIC EXCLUDED

10        Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural Motion to Exclude the Public                                                                                          13

C1       CONFIDENTIAL: Auckland War Memorial Museum Appointment                                                                                 13

C2       CONFIDENTIAL: Appointments to the board of Port of Auckland Limited                                                                         13

C3       CONFIDENTIAL: Reappointment of directors to Tātaki Auckland Unlimited and Auckland Transport                           13


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)           whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 19 September 2023 and the extraordinary minutes of its meeting, held on Friday, 29 September 2023, including the confidential sections, 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

 

 

 


Performance and Appointments Committee

17 October 2023

 

Process to make appointments to the boards of council-controlled organisations and other entities

File No.: CP2023/14851

 

  

 

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.

Whakarāpopototanga matua

Executive summary

2.      Confidential reports on this agenda seek decisions regarding appointments and reappointments to the boards of the following entities:

·    Auckland Transport

·    Tātaki Auckland Unlimited

·    Port of Auckland Limited

·    Auckland War Memorial Museum.

 

Ngā tūtohunga

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)        reappointments to the boards of Auckland Transport and Tātaki Auckland Unlimited

ii)       appointments to the board of Port of Auckland Limited

iii)      an appointment to the board of the Auckland War Memorial Museum

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

3.      Council makes appointments to council organisations in accordance with the Appointment and Remuneration Policy for Board Members of Council Organisations (the Policy).

4.      The general process for making appointments is described in Figure 1 below.

 

 

 


 

 

 

Figure 1: Appointment process

A diagram of a job interview

Description automatically generated with medium confidence

5.      Appointments to the Auckland War Memorial Museum also follow the requirements of the Auckland War Memorial Museum Act 1996.

Tātaritanga me ngā tohutohu

Analysis and advice

6.      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 reappoint directors to the board

No previous decisions made by the committee

Tātaki Auckland Unlimited

Approval to reappoint directors to the board

Reappointment decisions were deferred by the committee in August [PACCC/2023/55]

Port of Auckland Limited

Approval to appoint new directors to the board

Selection panel membership was approved and criteria noted in April [PACCC/2023/17]

Short-list approved by the committee in June [PACCC/2023/38]

Auckland War Memorial Museum

Approval to appoint a new board member

Criteria and selection panel membership were approved in May [PACCC/2023/30]

A short-list was approved by the committee in August [PACC/2023/60]

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

7.      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.

8.      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.

9.      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

10.    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

11.    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

12.    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

13.    There are no new financial implications arising from the confidential reports.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

14.    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

15.    Next steps regarding appointments to the various boards are noted in the respective confidential agenda reports.

 

Ngā tāpirihanga

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

17 October 2023

 

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

That the Performance and Appointments 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: Auckland War Memorial Museum Appointment

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 information regarding candidates for the Auckland War Memorial Museum Board

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: Appointments to the board of Port of Auckland Limited

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 information regarding candidates for the Port of Auckland board.

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: Reappointment of directors to Tātaki Auckland Unlimited and 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 CCO board members

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.