Komiti mō ngā Kopounga me Te Kounga o ngā Mahi / Performance and Appointments Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Performance and Appointments Committee held in the Room 1, Level 26, Te Wharau o Tāmaki - Auckland House, 135 Albert Street, Auckland on Tuesday, 24 September 2024 at 9.05am. A recording of the meeting is available here: 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

Cr Daniel Newman, JP

 

Deputy Chairperson

Cr Mike Lee

 

Members

Mayor Wayne Brown

From 9.24am, Item C3,

Until 12.08pm, Item C6

 

Cr Christine Fletcher, QSO

 

 

Cr Lotu Fuli

Via electronic link

 

Cr Richard Hills

 

 

Cr Greg Sayers

Via electronic link

 

Cr John Watson

 

 

Cr Maurice Williamson

 

Ex-officio

Houkura Chair David Taipari

Until 12.19pm, Iem C6

 

Te Hunga Kāore i Tae Mai | ABSENT

 

Ex-officio

Deputy Mayor Desley Simpson, JP

 

 

Te Hunga Āpiti kua Tae mai | ALSO PRESENT

 

 

Cr J Bartley

Via electronic link

 


 

 

 


Performance and Appointments Committee

24 September 2024

 

 

 

1          Ngā Tamōtanga | Apologies

 

There were no apologies.

 

 

 

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 PACCC/2024/72

MOVED by Chairperson D Newman, seconded by Cr M Williamson:  

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.

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

 

7.1

Process to make appointments to the boards of Council Organisations report

 

Resolution number PACCC/2024/73

MOVED by Chairperson D Newman, seconded by Cr R Hills:  

That the Performance and Appointments Committee:

a)    kohuki / consider an extraordinary item Process to make appointments to the boards of Council Organisations report as new Item 11.1, noting:

i)               the reason the matter was not on the agenda is because of an administration error in creating the agenda.

ii)         the reason why this matter cannot be delayed until a subsequent meeting is to receive information about processes to make board appointment decisions considered in the confidential part of this meeting, Items C1 – C6.

CARRIED

 

 

 

 

8

Appointment of the Watercare Services Limited chair

 

Resolution number PACCC/2024/74

MOVED by Chairperson D Newman, seconded by Cr M Williamson:  

That the Performance and Appointments Committee:

a)      tuhi ā-taipitopito / note that a report on the confidential agenda seeks decisions regarding the process to appoint the Watercare Services chair.

CARRIED

 

 

 

9

Summary of Confidential Decisions and related information released into Open

 

Note:   amended wording of the original report recommendation was made by staff and agreed to by the meeting.

 

Resolution number PACCC/2024/75

MOVED by Chairperson D Newman, seconded by Deputy Chairperson M Lee:  

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 Auckland Future Fund Trustee Limited board

ii)    Appointment of a deputy chair for Auckland Transport.

CARRIED

 

 

 

 

 

10

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

 

Resolution number PACCC/2024/76

MOVED by Chairperson D Newman, seconded by Deputy Chairperson M Lee:  

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.

CARRIED

 

 

 

 

 

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

 

11.1

Process to make appointments to the boards of Council Organisations report

 

A copy of the Process to make appointments to the boards of Council Organisations report was circulated to the committee 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 PACCC/2024/77

MOVED by Chairperson D Newman, seconded by Deputy Chairperson M Lee:  

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)           City Rail Link Limited

ii)         Eke Panuku Development Auckland

iii)        Museum of Transport and Technology

iv)        Port of Auckland Limited

v)         Tāmaki Redevelopment Company Limited

vi)        Te Taumata Toi-a-Iwi Arts Regional Trust

b)         tuhi ā-taipitopito / note that these reports are confidential due to the personal information regarding candidates that they contain.

CARRIED

 

Attachments

a     24 September 2024 - Performance and Appointments Committee - Item 11.1 - Process to make appointments to the boards of Council Organisations report

 

 


 

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

Resolution number PACCC/2024/78

MOVED by Chairperson D Newman, seconded by Deputy Chairperson M Lee:  

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:

8          Appointment of the Watercare Services 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)(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.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

In particular, the report contains information that is subject to an obligation of confidence until the judgment in Houkura v Auckland Council is publicly released by the High Court. Discussion of this item will include matters that are likely subject to legal professional privilege.

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.

 

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

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.

 

 

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

 

 

10.09am          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.

 

12.58pm          The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

 

 

 

C2

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

 

Resolution number PACCC/2024/79

MOVED by Chairperson D Newman, seconded by Cr C Fletcher:  

Restatement

c)       whakaae / agree that the report and attachments remain confidential due to the private information relating to individuals contained in the report

d)      tuhi ā-taipitopito / note that at the conclusion of the appointment process the decisions will be made publicly available.

 

 

 


 

 

C3

CONFIDENTIAL: Reappointments to the board of City Rail Link Limited

 

Resolution number PACCC/2024/81

MOVED by Chairperson D Newman, seconded by Cr R Hills:  

Restatement:

c)       whakaae / agree that the report and attachments remain confidential due to the private information relating to individuals contained in the report

d)      tuhi ā-taipitopito / note that at the conclusion of the appointment process the decisions will be made publicly available.

 

 

 

C4

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

 

Resolution number PACCC/2024/82

MOVED by Chairperson D Newman, seconded by Cr R Hills:  

Restatement

c)       whakaae / agree that the report will remain confidential due to the private information relating to individuals contained in the report.

d)      tuhi ā-taipitopito / note that at the conclusion of the appointment process, the appointment decision will be made publicly available.

 

 

 

 

8

Appointment of the Watercare Services Limited chair

 

Resolution number PACCC/2024/83

MOVED by Chairperson D Newman, seconded by Mayor W Brown:  

Restatement

c)          whakaae / agree that this report and attachment remain confidential until the judgment in Houkura v Auckland Council is publicly released by the High Court.

 

 

 

 

C1

CONFIDENTIAL: Reappointments to the board of Port of Auckland Limited

 

Resolution number PACCC/2024/84

MOVED by Cr L Fuli, seconded by Cr R Hills:  

Restatement

b)      whakaae / agree that the report will remain confidential due to the private information relating to individuals contained in the report.

c)       tuhi ā-taipitopito / note that at the conclusion of the appointment process, the appointment decision will be made publicly available.

 

 

 

 

C5

CONFIDENTIAL: Appointments to the Tāmaki Redevelopment Company Board

 

Resolution number PACCC/2024/85

MOVED by Houkura Chair D Taipari, seconded by Chairperson D Newman:  

Restatement

f)       whakaae / agree that the report and attachments remain confidential due to the private information relating to individuals contained in the report.

g)      tuhi ā-taipitopito / note that at the conclusion of the appointment process the decisions will be made publicly available.

 

 

 

 

C6

CONFIDENTIAL: Appointments to the Eke Panuku Development Auckland Board

 

Resolution number PACCC/2024/86

MOVED by Cr G Sayers, seconded by Mayor W Brown:  

Restatement

b)      whakaae / agree that the report and attachments remain confidential due to the private information relating to individuals contained in the report

c)       tuhi ā-taipitopito / note that at the conclusion of the appointment process the decisions will be made publicly available.

 

 

 

 

 

 

12.58 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 Performance and Appointments Committee HELD ON

 

 

 

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

 

 

 

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