Tira Hautū / Governing Body

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Governing Body held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 23 November 2023 at 10.07am.

 

Te Hunga kua Tae mai | present

 

Mayor

Wayne Brown

 

Deputy Mayor

Cr Desley Simpson, JP

Until 5.00pm, Item C1

Councillors

Cr Andrew Baker

Via electronic link

 

Cr Josephine Bartley

From 10.15am, Item 4.1

 

Cr Angela Dalton

 

 

Cr Chris Darby

 

 

Cr Julie Fairey

 

 

Cr Alf Filipaina, MNZM

Via electronic link

 

Cr Christine Fletcher, QSO

 

 

Cr Lotu Fuli

 

 

Cr Shane Henderson

 

 

Cr Richard Hills

 

 

Cr Mike Lee

 

 

Cr Kerrin Leoni

 

 

Cr Daniel Newman, JP

Via electronic link
In person from 1.02pm, Item 9

 

Cr Greg Sayers

From 10.29am, Item 5

 

Cr Sharon Stewart, QSM

 

 

Cr Ken Turner

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

Cr Maurice Williamson

Via electronic link

Until 5.59pm, Item C1

 

Te Hunga Āpiti kua Tae mai | ALSO PRESENT

 

 

Cath Handley

Chair Waiheke Local Board

 

He Hunga atu anō i Tae mai | IN ATTENDANCE

 

 

Eke Panuku

 

 

David Rankin

Chief Executive

 

Allan Young

General Manager Development

 

Marian Webb

General Manager Assets and Delivery

 

Hanno Willers

Head of Communications and Engagement

 


Governing Body

23 November 2023

 

 

 

1          Ngā Tamōtanga | Apologies

 

Resolution number GB/2023/215

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:  

That the Governing Body:

a)          whakaae / accept the apology from Cr G Sayers for lateness.

CARRIED

 

 

 

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

 

Resolution number GB/2023/216

MOVED by Deputy Mayor D Simpson, seconded by Cr L Fuli:  

That the Governing Body:

a)          whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 26 October 2023, and the extraordinary minutes of its meeting, held on Friday, 27 October 2023, including the confidential section, as a true and correct record.

CARRIED

 

 

 

4          Ngā Kōrero a te Marea | Public Input

 

4.1

Public Input:  Common Ground Aotearoa - Auckland's Rates System

 

Jesse Richardson spoke to the Governing Body.  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.

 

Cr J Bartley entered the meeting at 10.15am.

 

Resolution number GB/2023/217

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:  

That the Governing Body:

a)      whakamihi / thank Jesse Richardson on behalf of Common Ground Aotearoa for attendance and the information provided regarding Auckland’s Rates System.

CARRIED

 

Attachments

a     23 November 2023, Governing Body:  Item 4.1 - Public Input:  Common Ground Aotearoa - Auckland's Rates System, Presentation

 

 

 

5          Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input

 

5.1

Local Board Input:  Waiheke Local Board - Downtown Carpark

 

The Waiheke Local Board spoke to the Governing Body in the public excluded part of the meeting.

 

 

Cr G Sayers entered the meeting at 10.29am.

 

 

6          Ngā Pakihi Autaia | Extraordinary Business

 

There was no extraordinary business.

 

 

7

Presentation from Eden Park Trust Board

 

Representatives from Eden Park Trust Board were in attendance to speak to the Governing Body.  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 attachments.

 

Cr D Newman left the meeting at 10.52am.

 

Resolution number GB/2023/218

MOVED by Mayor W Brown, seconded by Cr C Fletcher:  

That the Governing Body:

a)      whakamihi / thank the representatives of the Eden Park Trust Board for their attendance and the information provided on their six-month performance and financial projections.

CARRIED

 

Attachments

a     23 November 2023, Governing Body:  Item 7 - Presentation from Eden Park Trust Board, Presentation

 

 

8

Chief Executive and Group Chief Financial Officer Update

 

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.

 

Resolution number GB/2023/219

MOVED by Deputy Mayor D Simpson, seconded by Cr C Fletcher:  

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 Chief Executive and Group Chief Financial Officer.

CARRIED

 

Attachments

a     23 November 2023, Governing Body:  Item 8 - Chief Executive and Group Chief Financial Officer Update, Monthly Dashboard

 

9

Category 2P Property Risk Mitigation Scheme

 

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.

 

Cr D Newman returned to the meeting at 12.26pm.
Cr C Darby left the meeting at 12.59pm.
Cr D Newman entered the meeting in person at 1.02pm.
Cr C Darby returned to the meeting at 1.10pm.

 

Resolution number GB/2023/220

MOVED by Mayor W Brown, seconded by Deputy Mayor D Simpson:  

That the Governing Body:

a)      whakaae / approve the key elements of the Category 2P Property Risk Mitigation Scheme, as set out in paragraphs 14 - 28 of the agenda report

b)      tautapa / delegate to the Chief Executive the power to finalise the Scheme documentation and rules of the Category 2P Property Remediation Scheme, in accordance with Auckland Council’s policies and resolutions and subject to any confirmation of possible Crown co-funding arrangements noting that these decisions will need to be taken through the Crown funding agreement process

c)      whakaae / approve council funding for the Category 2P Property Risk Mitigation Scheme from budget currently allocated for the council’s contribution to the Storm Recovery co-funding agreement

d)      tono / request staff to continue negotiations with the government Cyclone Recovery Office and Crown Infrastructure Partners to make possible amendments to the Crown Funding Agreement to enable Category 3 funds to be applied to Category 2P mitigation interventions

e)      tuhi ā-taipitopito / note administering the new service is estimated to cost approximately $350,000 over three financial years.

CARRIED

 

Attachments

a     23 November 2023, Governing Body:  Item 9 - Category 2P Property Risk Mitigation Scheme, Presentation

 

 

 

10

Amendment to the Terms of Reference

 

Resolution number GB/2023/221

MOVED by Mayor W Brown, seconded by Cr J Fairey:  

That the Governing Body:

a)      whakaae / agree the nomination of an Independent Māori Statutory Board member to the Joint Governance Working Party.

b)      whai / adopt the amendments contained in the current Governing Body Terms of Reference in Attachment A of the agenda report and tautapa / delegate those powers and responsibilities as listed.

CARRIED

 

 


 

 

 

 

 

11

Summary of Confidential Decisions and related information released into Open

 

Resolution number GB/2023/222

MOVED by Cr A Dalton, seconded by Deputy Mayor D Simpson:  

That the Governing Body:

a)      tuhi ā-taipitopito / note the confidential decision and related information that is now publicly available:

i)       Planning Committee 5 May 2022 - Transit-Orientated Development in the Eastern Busway corridor

ii)      Finance and Performance Committee 22 May 2022 - Transit-Orientated Development in the Eastern Busway corridor

iii)     Capital Base of the Self-Insurance Fund

iv)     Budget Update Report 2023

v)      Land Acquisition Hill Road

vi)     Storm Recovery related information as listed in the report

CARRIED

 

 

 

 

 

12

Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) - 23 November 2023

 

Resolution number GB/2023/223

MOVED by Cr A Dalton, seconded by Deputy Mayor D Simpson:  

That the Governing Body:

a)      whiwhi / receive the Summary of Governing Body information memoranda and briefings (including the Forward Work Programme) – 23 November 2023.

CARRIED

 

 

 

 

 

The meeting adjourned at 1.24pm and reconvened at 2.03pm.

 

Cr M Lee and Cr W Walker were not present.

 

 


 

 

 

 

13

Downtown Carpark strategic transport outcomes and funding

 

Cr M Lee returned to the meeting at 2.04pm.

Cr W Walker returned to the meeting at 2.04pm.

 

MOVED by Mayor W Brown, seconded by Cr C Darby:  

That the Governing Body:

a)      tuhi ā-taipitopito / note:

i)       the information contained in this report

ii)       that the report is confidential due to the commercial aspects of the council’s carparking operations contained in the report.

 

 

MOVED by Cr C Fletcher, seconded by Cr M Lee an amendment by way of replacement:  

That the Governing Body:

a)         whakatārewa / defer the item to the next Governing Body meeting scheduled on 14 December 2023.

 

 

The meeting adjourned at 2.24pm and reconvened at 2.53pm.

 

 

Note:   Cr C Fletcher and Cr M Lee advised that they were withdrawing as mover and seconder of the amendment.

 

 

The original motion was put.

 

Resolution number GB/2023/224

MOVED by Mayor W Brown, seconded by Cr C Darby:  

That the Governing Body:

a)      tuhi ā-taipitopito / note:

i)       the information contained in this report

ii)      that the report is confidential due to the commercial aspects of the council’s carparking operations contained in the report.

CARRIED

 

Note:   Under Standing Order 1.8.3, Cr C Fletcher requested her abstention be recorded.

 

 

 

 

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

 

There was no consideration of extraordinary items.

 

 

 


 

 

 

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

Note:    changes were made to the original recommendation, amending clause b), with the agreement of the meeting.

Note:   a Point of Order was raised under Standing order 1.7.2 f) and under Standing Order 1.4.9, Cr W Walker objected to the words used by chair Mayor W Brown and requested that the objection and words be recorded as follows:

“Well you’ve been party to several things not done properly, so its possibly true.”

 

Resolution number GB/2023/225

MOVED by Mayor W Brown, seconded by Cr C Darby:  

That the Governing Body:

a)      whakaae / agree to exclude the public from the following part of the proceedings of this meeting.

b)      whakaae / agree that:

i)           Ngarimu Blair – Ngāti Whātua Ōrākei

ii)         Scott Pritchard – Precinct

iii)        Blair Johnson – Warren and Mahoney

iv)        George Crawford – Precinct

v)         Nicola McArthur – Precinct

vi)        Tim Woods – Precinct

vii)      Anthony Randell – Precinct

viii)     Chris Mackenzie – Holmes

ix)        Jeremy Hay – RCP

x)         Natalie Steur – Russell McVeagh

xi)        Louise Rooney – Precinct

be permitted to remain for Confidential Item C1 - CONFIDENTIAL:  Downtown Carpark strategic transport outcomes and funding, after the public has been excluded, because of their knowledge of the subject matter under consideration, which will help the Governing Body in its decision-making. This is for the purposes of making a presentation and those named will then be requested to leave the 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:  Downtown Carpark strategic transport outcomes and funding

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)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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 commercially sensitive information that could prejudice negotiations, would affect the commercial interest of a third party  and would be likely prejudice or disadvantage the commercial position of Council.

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

Note:   Under Standing Order 1.8.6, the following councillors requested their dissenting votes be recorded:

·       Cr M Lee

·       Cr W Walker

 

 

 

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.

 

 

6.20pm            The public was re-admitted.

 


 

 

 

restatementS

 

It was resolved while the public was excluded:

 

C1

CONFIDENTIAL:  Downtown Carpark strategic transport outcomes and funding

 

Resolution number GB/2023/229

MOVED by Mayor W Brown, seconded by Cr C Darby:  

That the Governing Body:

g)      whakaae / agree that the decision, report and any attachments remain confidential until the need for confidentiality no longer exists.

 

 

Note:   Following the meeting, Precinct Properties released to the NZX allowing the Governing Body’s decision to be released in full.

 

Note:   Deputy Mayor D Simpson retired from the meeting at 5.00pm.

Cr M Williamson retired from the meeting at 5.59pm.

 

Resolution number GB/2023/229

MOVED by Mayor W Brown, seconded by Cr C Darby:  

That the Governing Body:

a)      tuhi a-taipitopito / note that on 15 December 2020 the Finance and Performance Committee approved the disposal and redevelopment of the Downtown Car Park subject to specific requirements, including that any development agreement materially achieve the agreed development outcomes (being those set out in PLA/2020/120, PLA/2021/52 and FIN/2020/104) and approval of the final terms and conditions by the Eke Panuku Board in consultation with the Auckland Transport Board

b)      tuhi ā-taipitopito / note the presentation from Precinct Properties and Precinct’s offer to provide 200 short stay car parks in the Commercial Bay precinct, and that Precinct has indicated that there is an opportunity for council to manage these

c)       tuhi a-taipitopito / note the draft development agreement materially achieves the agreed development outcomes at a sale price of $122 million

d)      whakao / confirm that council does not wish to proceed with the Micro Mobility Facility option secured by Eke Panuku (in compliance with the Planning Committee’s Resolution number PLA/2021/52) and does not wish to set aside funding from the development for cycle parking in the downtown area (as proposed by the Auckland Transport Board at its 26 September 2023 meeting)

e)      whakao / confirm that council will make decisions on whether to proceed with and fund the bus facility outcome including any removal of the Hobson St flyover and any additional public realm improvements (being outcomes sought by the Planning Committee in PLA/2020/120 and PLA/2021/52) as part of the Long-term Plan 2024- 2034 process

f)       whakao / confirm that approval of the final terms and conditions remain the responsibility of the Eke Panuku Board in consultation with the Auckland Transport Board

Restatement

g)      whakaae / agree that the decision, report and any attachments remain confidential until the need for confidentiality no longer exists.

 

 

A division was called for, voting on which was as follows:

For

Cr A Baker

Cr J Bartley

Mayor W Brown

Cr A Dalton

Cr C Darby

Cr J Fairey

Cr A Filipaina

Cr L Fuli

Cr S Henderson

Cr R Hills

Cr K Leoni

Cr D Newman

Against

Cr C Fletcher

Cr M Lee

Cr G Sayers

Cr S Stewart

Cr K Turner

Cr W Walker

Cr J Watson

Abstained

 

The motion was declared carried by 12 votes to 7.

CARRIED

 

 

 

6.20 pm                                              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:.......................................................