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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 24 September 2024

9.00am

Room 1, Level 26
Te Wharau o Tāmaki - Auckland House
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 5 members)

 

 

Sonja Tomovska

Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

 

18 September 2024

 

Contact Telephone: +64 09 890 8022

Email: sonja.tomovska@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Performance and Appointments Committee

24 September 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          Appointment of the Watercare Services Limited chair (Covering report)                           7

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

10        Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 24 September 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                                               21

C1       CONFIDENTIAL: Reappointments to the board of Port of Auckland Limited                              21

C2       CONFIDENTIAL: Reappointment to the board of Taumata-Toi-a-Iwi Arts Regional Trust        21

C3       CONFIDENTIAL: Reappointments to the board of City Rail Link Limited                                     21

C4       CONFIDENTIAL: Reappointments to the board of the Museum of Transport and Technology 22

C5       CONFIDENTIAL: Appointments to the Tāmaki Redevelopment Company Board                      22

C6       CONFIDENTIAL: Appointments to the Eke Panuku Development Auckland Board (Covering report)                                                22

 


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, 27 August 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

24 September 2024

 

Appointment of the Watercare Services Limited chair (Covering report)

File No.: CP2024/14047

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the criteria for the appointment of the Watercare Services Limited chair, following the High Court’s decision in Houkura v Auckland Council, and delegate to the selection panel to make recommendations to the committee.

Whakarāpopototanga matua

Executive summary

2.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided prior to the 24 September 2024 Performance and Appointments Committee meeting.

Ngā tūtohunga

Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 


Performance and Appointments Committee

24 September 2024

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2024/13485

 

  

 

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

27/08/2024

Appointments to the Auckland Future Fund Trustee Limited board

An Our Auckland story was released on 6 September 2024 and can be accessed at the following link:

https://ourauckland.aucklandcouncil.govt.nz/news/2024/09/inaugural-board-appointed-to-the-auckland-future-fund/

27/08/2024

Appointment of a deputy chair for Auckland Transport

 

 

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 of the chair of Eke Panuku Development Auckland

ii)       Appointment of the Watercare Services Limited Chair

iii)      Auckland Regional Amenities Funding Board appointments

iv)      Auckland War Memorial Museum reappointments

v)      Port of Auckland Limited chair reappointment.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Appointment of a deputy chair for Auckland Transport

11

      

Ngā kaihaina

Signatories

Author

Sonja Tomovska - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

Authoriser

Phil Wilson - Chief Executive

 

 


Performance and Appointments Committee

24 September 2024

 


Performance and Appointments Committee

24 September 2024

 

Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 24 September 2024

File No.: CP2024/13488

 

  

 

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.       The following information items were distributed:

Date

Subject

13/09/2024

CONFIDENTIAL Information Memorandum: Port of Auckland Board Evaluation (No Attachment)

13/09/2024

CONFIDENTIAL Information Memorandum: Short-list of candidates for Eke Panuku Development Auckland Limited (No Attachment)

 

5.       There were no committee workshops or briefings held.

6.       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

15

     

Ngā kaihaina

Signatories

Author

Sonja Tomovska - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

Authoriser

Phil Wilson - Chief Executive

 

 


Performance and Appointments Committee

24 September 2024

 

 

Performance and Appointments Committee / Komiti mō ngā Kopounga me Te Kounga o ngā Mahi
Forward Work Programme 2024

This committee has the oversight to make appointments to Council-Controlled Organisations (CCOs), Council Organisations (COs), Port of Auckland Limited and exempt CCOs and COs and other entities, with the exception of Auckland International Airport Limited (for the avoidance of doubt, the authority to make appointments also includes the power to remove appointees).

The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

 

Area of work and Lead Department

Pūnga / Reason for work

Committee role

(whakatau / decision and/or tika / direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2024

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

CCO and Port of Auckland Director Appointments and Reappointments

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve:

-           Appointment

-           Reappointment

-           briefs for vacancies

-           Panel members

-           Shortlisted candidates for interview

Progress to date:

Watercare chair appointed link to decision

Eke Panuku chair appointed link to decision

Criteria for upcoming appointments to substantive CCOs agreed link to decision

Criteria for the appointment of Watercare Services Limited directors agreed link to decision

Auckland Future Fund Trustee Limited board appointments link to decision

Appointment of the Watercare Services Limited Chair link to decision

 

As and when required

CCOs

Non-substantive

CCO Governance and External Partnerships

·    Te Tuhi Contemporary Arts Foundation

·    Taumata Toi a Iwi

·    Manukau Beautification Trust 

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve appointments

Progress to date:

 

 

As and when required

Appointments and Renumeration Policy Review

CCO Governance and External Partnerships

In accordance with Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations (the policy – which is a requirement as per, Section 57(1) of the Local Government Act 2002 (LGA)). The committee are to make appointments and approve policies related to Council-Controlled Organisations.

To approve policies related to appointments and renumeration policy.

Progress to date

Scope of review agreed December 2023 [PACCC/2023/90]

Review of remuneration for directors of substantive council-controlled organisations agreed link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Future Fund Limited

CCO Governance and External Partner

The Auckland Future Fund was established and approved as part of the Long-term Plan 2024-2034.

To approve a chair and two directors.

Progress to date:

Criteria approved link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Board Interns

CCO Governance and External Partnerships

In 2013, Auckland Council approved a director intern programme known as the board intern programme.

1 per substantive CCO

To approve appointments

Progress to date:

 

 

 

 

 

 

 

 

 

 

 

 

 

Chief Executive Performance Objectives

CE Office

Chief Executive performance review process.

Half-yearly and yearly review of Chief Executives Performance Objectives. (April / August)

Draft and final FY25-27 objectives with annual refresh. (April / July- completed for FY25)

Informal updates (all other months)

Progress to date:

Informal update provided in February 2024.

Informal update provided in March 2024.

Half-yearly review link to decision

Workshop held on draft objectives June 2024

Objectives approved June link to decision

Interim FY24 Chief Executive's Performance Objectives - progress against objectives link to decision

 

 

 

Q2 FY24

 

FY25-27 objectives approved

 

Annual interim (final financials once available via annual report)

 

 

Q1 FY25

 

City Rail Link Limited (CRLL)

CCO Governance and External Partnerships

Auckland Council is a joint shareholder with the Crown and jointly appoints directors with the Crown.

To approve appointments

Progress to date:

 

 

 

 

 

 

 

 

 

 

 

 

 

Museum of Transport and Technology (MOTAT)

CCO Governance and External Partnerships

Auckland Council makes 6 appointments to the MOTAT Board.  The appointments are to replace or renew directors whose terms are expiring.

To approve appointments

Progress to date:

 

 

 

 

 

 

 

 

 

 

 

 

 

Tamaki Redevelopment Company

CCO Governance and External Partnerships

Auckland Council is a joint shareholder with the Crown. Council has one director it is responsible for appointment, and jointly appoints with the Crown the other directors. The appointments are to replace or renew directors whose terms are expiring.

To approve appointments

Progress to date:

Reappointments approved February 2024 link to decision

2024 appointments process confirmed link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completed

 

Area of work and Lead Department

Committee role

Whakatau / Decision

Auckland Regional Amenities Funding Board

To approve board appointments.

February appointments made in confidential, decisions released Link to decision

June appointments made in confidential, to later be released Link to decision

Tamaki Redevelopment Company

To approve board appointments.

February appointments made in confidential, decisions released Link to decision

Auckland Transport

To approve board appointments.

April decisions made in confidential, decisions released Link to decision

Watercare Services

To approve board appointments.

May appointments made in confidential, decisions released Link to decision

Auckland War Memorial Museum

To approve board appointments.

June appointments made in confidential, to later be released Link to decision

 

 


 

 


Performance and Appointments Committee

24 September 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: Reappointments 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 personal information regarding Port of Auckland 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.

 

C2       CONFIDENTIAL: Reappointment to the board of Taumata-Toi-a-Iwi Arts Regional Trust

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 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.

 

C3       CONFIDENTIAL: Reappointments to the board of City Rail Link 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 personal information regarding board members of City Rail Link Limited.

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: Reappointments to the board of the Museum of Transport and Technology

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 reappointment to the 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.

 

C5       CONFIDENTIAL: Appointments to the Tāmaki Redevelopment Company 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 regarding board members and candidates.

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.

 

C6       CONFIDENTIAL: Appointments to the Eke Panuku Development Auckland Board (Covering report)

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 Development 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.