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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 14 May 2024

10.00am

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

 

 

Houkura Chair David Taipari

 

 

(Quorum 4 members)

 

 

 

Duncan Glasgow

Kaitohutohu Mana Whakahaere Matua /

Senior Governance Advisor

 

7 May 2024

 

Contact Telephone: +64 021579761

Email: Duncan.Glasgow@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nzncil.govt.nz

 

 


Performance and Appointments Committee

14 May 2024

 

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 Organisations               7

9          Summary of Confidential Decisions and related information released into Open 11

10        Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 14 May 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: Appointment of directors to the Watercare Services Limited board                                                                                                                                       15

C2       CONFIDENTIAL: Shortlist of candidates for Eke Panuku Development Auckland Limited chair                                                                                                                 15

C3       CONFIDENTIAL: Auckland Transport Board Performance Review 2024             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.

 

That the Performance and Appointments Committee:

a)         whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 16 April 2024, 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

 

 

 


Performance and Appointments Committee

14 May 2024

 

Process to make appointments to the boards of Council Organisations

File No.: CP2024/04888

 

  

 

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:

·    Eke Panuku Development Auckland

·    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 Watercare Services Limited

ii)       appointments to the board of Eke Panuku Development Auckland

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

A diagram of a job interview

Description automatically generated with medium confidence

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

Entity name

Decisions sought

Previous decisions

Eke Panuku Development Auckland

Approval of a short-list of chair candidates

Approval to reappoint directors

·    Approval of criteria

February 2024 [PACCC/2024/7]

Watercare Services Limited

Approval to appoint directors

·    Approval of criteria

November 2023 [PACCC/2023/85]

·    Approval of short-list

April 2024 [PACCC/2024/22]

 

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

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

14 May 2024

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2024/05063

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.

3.       The following decisions/documents are now publicly available:

Date of Decision

Subject

13/2/2024

Appointment to the board of Tāmaki Redevelopment Company

13/2/2024

Reappointments to the Auckland Regional Amenities Funding Board

 

4.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Performance and Appointments Committee:

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

i)        Appointment to the board of Tāmaki Redevelopment Company

ii)       Reappointments to the Auckland Regional Amenities Funding Board.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Appointment to the board of Tāmaki Redevelopment Company

 

b

Reappointments to the Auckland Regional Amenities Funding Board

 

     

Ngā kaihaina

Signatories

Author

Duncan Glasgow - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Anna Bray - Acting Director - Governance and CCO Partnerships

 

 


Performance and Appointments Committee

14 May 2024

 

Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 14 May 2024

File No.: CP2024/05003

 

  

 

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 or workshops/briefings held.

5.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Transport and Infrastructure 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

No.

Title

Page

a

Forward Work Programme

 

     

Ngā kaihaina

Signatories

Author

Duncan Glasgow - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Anna Bray - Acting Director - Governance and CCO Partnerships

 

 


Performance and Appointments Committee

14 May 2024

 

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: Appointment of directors to the Watercare Services Limited board

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 about candidates for the Watercare 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: Shortlist of candidates for Eke Panuku Development Auckland Limited chair

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 candidates for the Eke Panuku 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: Auckland Transport Board Performance Review 2024

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.

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

In particular, the report contains information provided by the Auckland Transport Board in confidence and discussion of Board member performance.

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.