I hereby give notice that an ordinary
meeting of the Performance and Appointments Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 16
April 2024
10.00am
Room 1, Level
26
135 Albert Street
Auckland
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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
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Chairperson
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Cr Daniel Newman, JP
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Deputy Chairperson
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Cr Mike Lee
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Members
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Mayor Wayne Brown
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Cr Christine Fletcher, QSO
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Cr Lotu Fuli
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Cr Richard Hills
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Cr Greg Sayers
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Cr John Watson
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Cr Maurice Williamson
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Ex-officio
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Deputy Mayor Desley Simpson, JP
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Houkura Chair David Taipari
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(Quorum 4 members)
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Duncan Glasgow
Kaitohutohu Mana Whakahaere Matua /
Senior Governance Advisor
11 April 2024
Contact Telephone: +64 021579761
Email:
Duncan.Glasgow@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nzncil.govt.nz
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Performance and Appointments Committee
16 April 2024
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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 Delegation to
approve a short-list of Watercare Services Limited Chair candidates 7
9 Process to make
appointments to the boards of Council Organisations 9
10 Summary of Performance and
Appointments Committee information memoranda, workshops and briefings
(including the Forward Work Programme) - 16 April 2024 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: Shortlist of
director candidates for Watercare Services Limited 15
C2 CONFIDENTIAL: Appointment of
directors to the Auckland Transport board (Covering report) 15
C3 CONFIDENTIAL: Tāmaki
Redevelopment Company appointment processes for 2024 15
C4 CONFIDENTIAL: Approval of the
process to develop the Chief Executive performance objectives FY25 - FY27 and
an update on progress report against the Interim Objectives for FY24 16
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.
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That the Performance and Appointments Committee:
a)
whakaū / confirm the ordinary minutes of
its meeting, held on Tuesday,
12 March 2024, including the confidential
section, 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
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Performance and Appointments Committee
16 April 2024
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Delegation
to approve a short-list of Watercare Services Limited Chair candidates
File No.: CP2024/02819
Te take mō te
pūrongo
Purpose of the report
1. To
delegate the approval of the short-list of chair candidates for Watercare
Services Limited.
Whakarāpopototanga matua
Executive summary
2. The
Performance and Appointments Committee approved criteria for the selection of
the Watercare Services Limited Chair on 12 March 2024 [PACCC/2024/14]. The role was advertised from 21
March and closes on 21 April 2024.
3. The
appointed selection panel has yet to review the long-list of candidates nor
able to recommend a short-list to this committee meeting. The selection panel
consists of Mayor Wayne Brown, Deputy Mayor Desley Simpson, Houkura Independent
Māori Statutory Board Chair - David Taipari, Auckland Council Chief
Executive - Phil Wilson and the Mayor’s Chief of Staff - Max Hardy.
4. The
Appointments and Remuneration Policy for Board Members of Council Organisations
allows this committee to delegate the power to approve a short-list (to the
committee chair, deputy chair and the chair of Houkura Independent Māori
Statutory Board) to allow decisions to be made promptly.
5. Delegating
the approval of the short-list of candidates, in this instance, will enable the
selection panel to promptly proceed with the interviews and make an appointment
recommendation to this committee by 14 May 2024.
Ngā tūtohunga
Recommendation/s
That the Performance and
Appointments Committee:
a) tautapa
/ delegate the approval of a short-list of candidates for chair Watercare
Services Limited to the chair and deputy chair of this committee and chair of
Houkura Independent Māori Statutory Board.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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James Stephens - Senior Advisor
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Authorisers
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Alastair Cameron - Manager - CCO Governance &
External Partnerships
Anna Bray - Acting Director - Governance and CCO
Partnerships
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Performance and Appointments Committee
16 April 2024
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Process to
make appointments to the boards of Council Organisations
File No.: CP2024/03437
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 to the boards of
the following entities:
· Auckland
Transport
· Tāmaki
Redevelopment Company
· Watercare
Services Limited
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) appointments
to the board of Auckland Transport
ii) criteria
for making appointments to the board of Tāmaki Redevelopment Company
iii) appointments
of directors to the board of Watercare Services Limited
b) tuhi ā-taipitopito / note that these
reports are confidential due to the personal information regarding candidates
that they contain.
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
5. Board
members serve a term of three years and may be reappointed to further terms.
6. Appointments
to the Tāmaki Redevelopment Company are made jointly with the Crown.
Tātaritanga me ngā
tohutohu
Analysis and advice
7. The confidential reports on this agenda consider
the decisions noted in Table 1:
Table 1: Overview of
decisions sought in the confidential reports
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Entity name
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Decision sought
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Previous decisions
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Auckland Transport
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Appointment of directors
to the Auckland Transport Board
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· Approval
of criteria November 2023 [PACCC/2023/83]
· Approval
of a candidate short-list
March 2024 [PACCC/2024/13]
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Tāmaki
Redevelopment Company
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Agreement of appointment
processes for 2024
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· None
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Watercare Services Limited
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Approval of a short list
of director candidates
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· Approval
of criteria
November 2023
[PACCC/2023/85]
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Tauākī whakaaweawe
āhuarangi
Climate impact statement
8. 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.
9. 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.
10. 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
11. 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
12. 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
13. 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
14. There are no new financial implications arising
from the confidential reports.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
15. 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
16. Next steps regarding appointments to the
respective organisations are noted in the confidential agenda reports.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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James Stephens - Senior Advisor
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Authorisers
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Alastair Cameron - Manager - CCO Governance &
External Partnerships
Anna Bray - Acting Director - Governance and CCO
Partnerships
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Performance and Appointments Committee
16 April 2024
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Summary of
Performance and Appointments Committee information memoranda, workshops and
briefings (including the Forward Work Programme) - 16 April 2024
File No.: CP2024/03442
Te take mō te
pūrongo
Purpose of the report
1. To
tuhi ā-taipitopito / note the progress on the forward work programme
appended as Attachment A.
2. To
whiwhi / receive a summary and provide a public record of memoranda or briefing
papers that may have been distributed to the Performance and Appointments
Committee.
Whakarāpopototanga matua
Executive summary
3. This
is a regular information-only report which aims to provide greater visibility
and openness and transparency of information circulated to Performance and
Appointments Committee members via memoranda/briefings or other means, where no
decisions are required.
4. There
were no information items distributed.
5. The
following workshops/briefings took place:
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Date
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Subject
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13/3/2024
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Review of the Appointments
and Remuneration Policy for Board Members of Council Organisations
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6. Note
that, unlike an agenda report, staff will not be present to answer questions
about the items referred to in this summary. Performance
and Appointments Committee. members should direct any
questions to the authors.
Ngā tūtohunga
Recommendation/s
That the Performance and
Appointments 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 Performance and Appointments Committee information
memoranda and briefings.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇨
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Forward Work Programme
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b⇨
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Workshop: Review of the Appointments and Remuneration
Policy for Board Members of Council Organisations - notes and presentation
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Ngā kaihaina
Signatories
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Author
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Duncan Glasgow - Kaitohutohu Mana Whakahaere Matua / Senior
Governance Advisor
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Authoriser
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Anna Bray - Acting Director - Governance and CCO
Partnerships
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Performance and Appointments Committee
16 April 2024
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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:
Shortlist of director candidates for Watercare Services Limited
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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)(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 Watercare 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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C2 CONFIDENTIAL:
Appointment of directors to the Auckland Transport board (Covering report)
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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)(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 about candidates for the Auckland
Transport 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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C3 CONFIDENTIAL:
Tāmaki Redevelopment Company appointment processes for 2024
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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)(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 Tāmaki
Redevelopment Company directors.
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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:
Approval of the process to develop the Chief Executive performance objectives
FY25 - FY27 and an update on progress report against the Interim Objectives for
FY24
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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)(a) -
The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
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 information that relates to the performance
objectives for the chief executive, and the committee may discuss matters
relating to the chief executive's current performance
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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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