|
Resolution
number ARCCC/2024/85
MOVED by Chairperson P Connell, seconded by
Member C Crowley:
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, Wikus Jansen van Rensburg, Audit Director,
Audit New Zealand, René van Zyl, Audit Director, Audit New Zealand
and Christine Liu, 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 -
December 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:
Legal Risk 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)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
s7(2)(h)
- The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities.
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 legally privileged and commercially
sensitive information.
|
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:
Cyber Security strategic risks 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)(a)
- The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
s7(2)(d)
- The withholding of the information is necessary to avoid prejudice to
measures protecting the health and safety of members of the public.
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).
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 contains information that could be misused by
hostile actors to target the council, or its employees, ratepayers, or
customers, which if successful could include the disclosure of a wide
variety of confidential, private or sensitive information.
|
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:
Internal Audit 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.
|
C5 CONFIDENTIAL:
Enterprise Risk Update - December 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.
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 detailed information on the mitigation
activities of the strategic risks that could be detrimental to risk
management objectives if in the public arena.
|
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:
Interim report and NZX release for the six months ending 31 December 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)(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 and attachments contain information regarding the
interim report and financial results of the Auckland Council Group to 31
December 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.
|
C7 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 31 December 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.
|
C8 CONFIDENTIAL:
City Rail Link risk 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)(b)(ii)
- The withholding of the information is necessary to protect information
where the making available of the information would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is
the subject of the information.
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)(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 received under an obligation of
confidence, relates to ongoing commercial negotiations and may be
prejudicial to third parties.
|
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
|
