Komiti mō te Tātari me te Mātai Tūraru /

Audit and Risk Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Audit and Risk Committee held in Room 1, Level 26, Te Wharau o Tāmaki - Auckland House, 135 Albert Street, Auckland on Tuesday, 20 August 2024 at 2.02pm. A recording of the open meeting is available on:https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

Te Hunga kua Tae mai | present

 

Chairperson

Paul Connell

 

Deputy Chairperson

Cr Lotu Fuli

 

Members

Cr Angela Dalton

 

 

Cr Christine Fletcher, QSO

Until 2.30pm, Item 13

 

Cr Shane Henderson

Via electronic link

 

Martin Matthews

Via electronic link

Ex-officio

Houkura Member Tony Kake, MNZM

Via electronic link

until 3.15pm, Item C1

 

Te Hunga Kāore i Tae Mai | ABSENT

 

Member

Cassandra Crowley

 

 

Ex-officio

Mayor Wayne Brown

 

 

 

Deputy Mayor Cr Desley Simpson, JP

 

 

 

 

He Hunga atu anō i Tae mai | IN ATTENDANCE

 

 

Andrew McConnell, Deputy Controller and Auditor-General

 

 

David Taylor, Sector Manager - Auckland

 

 

Athol Graham, Audit Director, Audit New Zealand

 

 

Wikus Jansen van Rensburg, Audit Director, Audit New Zealand

 

 

Penica Cortez, Audit Manager, Audit New Zealand

 

 


Audit and Risk Committee

20 August 2024

 

 

 

Chairperson Paul Connell lead the opening of the meeting with a karakia.

 

 

1          Ngā Tamōtanga | Apologies

 

Resolution number ARCCC/2024/45

MOVED by Chairperson P Connell, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)         whakaae / accept the apologies from:

Absence

Cassandra Crowley

Mayor Wayne Brown - on council business

Deputy Mayor Cr Desley Simpson, JP - on council business

Early departure

Cr Christine Fletcher, QSO

CARRIED

 

 

2          Te Whakapuaki i te Whai Pānga | Declaration of Interest

 

Chairperson Paul Connell declared that he was a director of WorkSafe.

 

 

3          Te Whakaū i ngā Āmiki | Confirmation of Minutes

 

Resolution number ARCCC/2024/46

MOVED by Cr A Dalton, seconded by Chairperson P Connell:  

That the Audit and Risk Committee:

a)         whakaū / confirm the ordinary minutes of its meetings, held on Tuesday, 14 May 2024, and the extraordinary minutes of its meetings, held on Monday, 24 June 2024, including the confidential sections, as true and correct records.

CARRIED

 

 

4          Ngā Petihana | Petitions

 

There were no petitions.

 

 

5          Ngā Kōrero a te Marea | Public Input

 

There was no public input.

 

 

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

 

There was no local board input.

 


 

 

7          Ngā Pakihi Autaia | Extraordinary Business

 

There was no extraordinary business.

 

 

8

Forward Work Programme 2023-2024

 

 

 

Resolution number ARCCC/2024/47

MOVED by Cr C Fletcher, seconded by Chairperson P Connell:  

That the Audit and Risk Committee:

a)      whakaae / approve the Audit and Risk Committee forward work programme, noting that:

i)       an update on the Committee’s annual performance report has been deferred from the September 2024 committee meeting

ii)      an update on Local Water Done Well has been deferred from this committee meeting

iii)     an update on Volume 4 - Climate Change Risk 30 June 2024 has been deferred from this committee meeting

iv)     an update on climate disclosure work programme has been deferred from this committee meeting

v)      an update on Recovery Project has been deferred from this committee meeting

vi)     an update on the Auckland Council Group Climate Risk Framework will be presented at the December 2024 committee meeting

vii)    a new report on the 2024-2034 LTP process will be presented at the September 2024 committee meeting

viii)   a new report on cyber security will be presented at the December 2024 committee meeting.

CARRIED

 

 

9

Houkura - IMSB Treaty Audit monitoring update

 

Resolution number ARCCC/2024/48

MOVED by Deputy Chairperson Cr L Fuli, seconded by Cr A Dalton:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the findings and recommendations of He Waka Kōtuia – Te Tiriti o Waitangi audit report 2024 (Attachment C)

b)      whiwhi / receive the update on the progress of recommendations documented in the Treaty Audit Response Programme 2021-2024 (Attachment A) and the 28 recommendations with actions underway from the 2024 Treaty Audit Report (Attachment B)

c)      tuhi ā-taipitopito / note that the Risk and Assurance department will continue to report on a six-monthly basis on progress against the Treaty Audit Response Programme 2021-2024 (Attachment A) to this committee.

CARRIED

 

 

10

Auckland Council Health, Safety and Wellbeing Update

 

Resolution number ARCCC/2024/49

MOVED by Cr C Fletcher, seconded by Cr A Dalton:  

That the Audit and Risk Committee:

a)      tuhi a-taipitopito / note the information in this report and the associated health, safety, and wellbeing indicators

b)      whakaae / agree to refer this report to the Governing Body and recommend that the Governing Body forwards this report to Local Boards for their information.

CARRIED

 

 

11

The Auditor-General's report to governors on the interim audit for the year ended 30 June 2024

 

Resolution number ARCCC/2024/50

MOVED by Cr C Fletcher, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the matters identified in the Deputy Auditor-General’s report to governors, for the interim audit of the year ended 30 June 2024, and management’s responses.

CARRIED

 

 

12

Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2024

 

Resolution number ARCCC/2024/51

MOVED by Deputy Chairperson Cr L Fuli, seconded by Chairperson P Connell:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note that there are no significant outstanding issues relating to the process for the preparation of the draft 2024 NZX release.

b)      tuhi ā-taipitopito / note that the draft 2024 NZX release will be discussed in the confidential part of this agenda.

CARRIED

 

 

13

Summary of Audit and Risk Committee information memoranda, workshops and briefings - 20 August 2024

 

 

 

Resolution number ARCCC/2024/52

MOVED by Chairperson P Connell, seconded by Cr C Fletcher:  

That the Audit and Risk Committee:

a)      whiwhi / receive the Summary of Audit and Risk Committee information memoranda, workshops and briefings – 20 August 2024.

CARRIED

 

 

 

Cr C Fletcher, QSO retired from the meeting at 2.30pm.

 

 

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

Resolution number ARCCC/2024/53

MOVED by Chairperson P Connell, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

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

b)      whakaae / agree that Andrew McConnell, Deputy Controller and Auditor-General, David Taylor, Sector Manager - Auckland, Athol Graham, Audit Director, Audit New Zealand, Wikus Jansen van Rensburg, Audit Director, Audit New Zealand and Penica Cortez, Audit Manager, Audit New Zealand be permitted to remain for the confidential part of the meeting after the public has been excluded, because of their knowledge of matters which will help the Audit and Risk Committee in its decision-making.

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: Substantive Council-Controlled Organisations' Quarterly Risk Update - August 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)(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 risk reporting and detailed risks confidential to the substantive council-controlled organisations' boards or Audit and Risk Committees. The substantive council-controlled organisations have provided their risk reports for council's Audit and Risk Committee subject to confidentiality.

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: Council Group Post Insurance Renewal Update Aug 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)(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 contains details of the proposed insurance strategy, policies and programme for which terms and costings are being negotiated with the insurance market.

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: Internal Audit and Integrity 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)(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.

s7(2)(c)(ii) - 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 damage the public interest.

In particular, the report contains information which if released would jeopardise the effective delivery of the Internal Audit work programme.

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.

 

 

C4       CONFIDENTIAL: Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2024 and year-end reporting and audit requirements

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)(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 contains information that will be included in the annual report for the year ended 30 June 2024 which cannot be made public until it is released to the NZX.

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.

 

 

C5       CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand briefing

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)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report from the Office of the Auditor-General and Audit New Zealand contains information regarding the financial results of the Auckland Council Group and Auckland Council for 30 June 2024 which cannot be made public until released to the NZX.

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

 

 

2.32pm            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.

 

4.45pm            The public was re-admitted.

 

 


 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL: Substantive Council-Controlled Organisations' Quarterly Risk Update - August 2024

 

Resolution number ARCCC/2024/56

MOVED by Chairperson P Connell, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the written and verbal updates provided by Tātaki Auckland Unlimited

b)      tuhi ā-taipitopito / note the written updates provided by Auckland Transport Limited, Eke Panuku, and Watercare Services Limited, noting that the committee has requested management to engage with Auckland Transport on the risks relating to KiwiRail

c)      tautohu / refer this report including the attachments relating to Eke Panuku Development Auckland, Tātaki Auckland Unlimited and Watercare Services Limited to the Council Controlled Organisation Direction and Oversight Committee

d)      tautohu / refer this report including the attachments relating to Auckland Transport only to the Transport and Infrastructure Committee

Restatement

e)      whakaae / agree that the decisions be released in the open minutes, but this report and its attachments remain confidential.

 

 

 

C2

CONFIDENTIAL: Council Group Post Insurance Renewal Update August 2024

 

Resolution number ARCCC/2024/54

MOVED by Cr A Dalton, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      note the update on the council group’s insurance renewal placement for 2024-2025

b)      note the update on the Auckland Anniversary flood claim, self-insurance fund and the cumulative loss modelling

Restatement

c)      agree that the decision be transferred to the open minutes, but the report remain confidential.

 

 


 

 

C3

CONFIDENTIAL: Internal Audit and Integrity Update

 

Resolution number ARCCC/2024/55

MOVED by Member M Matthews, seconded by Deputy Chairperson Cr L Fuli:  

That the Audit and Risk Committee:

a)      tuhi ā-taipitopito / note the update on assurance activities performed by the Risk and Assurance department

Restatement

b)      whakaae / agree that the decisions be transferred to the open minutes, but the report and attachments remain confidential.

 

 

 

C4

CONFIDENTIAL: Auckland Council Group's NZX preliminary announcement and financial results to 30 June 2024 and year-end reporting and audit requirements

 

Resolution number ARCCC/2024/57

MOVED by Chairperson P Connell, seconded by Member M Matthews:  

That the Audit and Risk Committee:

a)      ohia / endorse the release of the draft 2024 NZX preliminary announcement and media release for the year ended 30 June 2024, subject to editorial and technical changes to the documents, with any significant changes to be notified and approved by the Audit and Risk Committee chair and the group chief financial officer

b)      tūtohungia / recommend that, on 27 August 2024, the deputy mayor recommends to the mayor and chief executive to approve and release the items identified in clause a) above to the NZX on 29 August 2024

c)      whakarite / provide feedback on the draft fraud questionnaire to the group financial controller by Monday 26 August 2024

Restatement

d)      whakaae / agree that the report and attachment will remain confidential, but the decisions be restated in the open minutes.

 

 

 

C5

CONFIDENTIAL: Office of the Auditor-General and Audit New Zealand briefing

 

Resolution number ARCCC/2024/58

MOVED by Chairperson P Connell, seconded by Cr A Dalton:  

That the Audit and Risk Committee:

a)      whiwhi / receive the information provided by the Auditor-General’s representatives, Deputy Controller and Auditor-General Andrew McConnell, Sector Manager – Auckland David Taylor and Audit Director Athol Graham and thank them for their attendance

Restatement

b)      whakaae / agree that the report and attachment will remain confidential, but the decisions be restated in the open minutes.

 

 

 

 

 

 

 

 

 

4.45pm                                               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 Audit and Risk Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................