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

Date:

Time:

Meeting Room:

Venue:

Tuesday, 17 December 2024

10.00am

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

12 December 2024

Contact Telephone: +64 09 890 8022

Email: sonja.tomovska@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Performance and Appointments Committee

17 December 2024

Process to make appointments to the boards of council-controlled organisations

File No.: CP2024/19144

Te take mō te pūrongo

Purpose of the report

1. To receive information about the process to make board appointments that will be considered in the confidential part of this meeting.

Whakarāpopototanga matua

Executive summary

2. Confidential reports on this agenda seek approval to make appointments to the boards of:

· Watercare Services Limited (Watercare)

· Te Taumata Toi-a-Iwi / Arts Regional Trust.

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 Watercare Services Limited and Te Taumata Toi-a-Iwi / Arts Regional Trust board appointments.

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 to substantive council-controlled organisations is described in Figure 1 below. This process applies to Watercare.

Figure 1: Appointment process A diagram of a job interview

Description automatically generated with medium confidence

5. Under the Policy, where an appointment must be made promptly, the committee may delegate the approval of the short-list to a panel consisting of the chair and deputy chair of this committee and the chair of Houkura Independent Māori Statutory Board.

6. Appointments to Te Taumata Toi-a-Iwi follow the process outlined in the trust deed which takes precedence over the Policy. This notes that the trust board is responsible for nominating board members for the council to approve.

Tātaritanga me ngā tohutohu

Analysis and advice

7. Confidential reports on this agenda seek approval to make appointments to the boards of Watercare and Te Taumata Toi-a-Iwi / Arts Regional Trust. Descriptions of the decisions sought and related decisions are noted in Table 1 below:

Table 1 : Decisions sought in the confidential section of the agenda

Entity name

Decisions sought

Previous decisions

Watercare

Approval to appoint board members

· Approval of criteria to appoint directors [PACCC/2024/65]

· Delegation to approve a short-list of candidates [PACCC/2024/96]

· Approval of a short-list made under delegation on 26 November 2024.

Te Taumata Toi-a-Iwi

Approval to appoint new board members and reappoint board members whose terms are ending.

· No previous decisions.

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. Candidates seeking appointment need to demonstrate a commitment to integrate the action areas outlined in Te Tāruke-ā-Tāwhiri into the council-controlled organisation’s activities as one of the core competencies for director candidates.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

10. The Watercare chair has contributed to this appointment process as a member of the selection panel.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

11. 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

12. 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.

13. Section 57(3) of the Local Government Act requires Council to consider whether knowledge of tikanga Māori is relevant to the governance of a CCO when making an appointment. For the appointment considered in the confidential section, knowledge of tikanga Māori is one of the criteria for assessing candidates.

Ngā ritenga ā-pūtea

Financial implications

14. There are no new financial implications arising from the confidential report.

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 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 lacks innovation and fresh thinking.

Ngā koringa ā-muri

Next steps

16. Next steps regarding the appointments are noted in the confidential agenda report.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

James Stephens - Senior Advisor

Authorisers

Alastair Cameron - Manager CCO/External Partnerships team

Anna Bray - General Manager Group Strategy, Transformation and Partnerships

Phil Wilson - Chief Executive

Performance and Appointments Committee

17 December 2024

Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 17 December 2024

File No.: CP2024/18607

Te take mō te pūrongo

Purpose of the report

1. To 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

2. 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.

3. The following information items were distributed:

Date	Subject
26.11.24	CONFIDENTIAL Information Memorandum: Short-list of candidates for Watercare Services Limited (No Attachment)

4. The following workshops/briefings have taken place for the Performance and Appointments Committee:

Date

Subject

19.11.24

Workshop: Appointments and Renumeration Policy review

Documents available on the Auckland Council website here

Recording of the workshop available here

5. This document can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/

o at the top left of the page, select meeting/Te hui “Performance and Appointments Committee” from the drop-down tab and click “View”;

o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

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) whiwhi / receive the Summary of Performance and Appointments Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 17 December 2024.

b) tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Forward Work Programme 2024	15
b ⇩	Forward Work Programme 2025 - DRAFT	19

Ngā kaihaina

Signatories

Author	Sonja Tomovska - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor
Authoriser	Phil Wilson - Chief Executive

Performance and Appointments Committee

17 December 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
Area of work and Lead Department	Pūnga / Reason for work		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 Timeline for director appointments to the Watercare Services board link to decision Appointment to the board of Auckland Transport 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 Verbal update provided in October 2024 link to decision Chief Executive Objectives - FY25 quarter one progress report 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

17 December 2024

Performance and Appointments Committee / Komiti mō ngā Kopounga me Te Kounga o ngā Mahi
Forward Work Programme 2025

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 2025
Area of work and Lead Department	Pūnga / Reason for work		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:	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 to other boards	Appointments to: · Auckland War Memorial Museum · Museum of Transport and Technology · Auckland Regional Amenities Funding Board · City Rail Link Limited · Tāmaki Redevelopment Company · Haumaru Housing 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 Organisations.	To approve: - Appointment - Reappointment - briefs for vacancies - Panel members - Shortlisted candidates for interview Progress to date:	As and when required
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:
Tātaki Auckland Unlimited (TAU)	Auckland Council appoints the board of TAU. The appointments are to replace or renew directors whose terms are expiring.
Eke Panuku Development Auckland	Auckland Council appoints the board of Eke Panuku. The appointments are to replace or renew directors whose terms are expiring.
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. The appointments are to replace or renew directors whose terms are expiring.	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:
Auckland War Memorial Museum (AWMM)	Auckland Council makes five appointments to the AWMM board. The appointments are to replace or renew directors whose terms are expiring.	To approve appointments Progress to date:
Haumaru Housing	Auckland Council makes two appointments to the Haumaru Housing Board The appointments are to replace or renew directors whose terms are expiring.	To approve appointments Progress to date:
Port of Auckland Limited (POAL)	Auckland Council appoints the Port of Auckland board. The appointments are to replace or renew directors whose terms are expiring.	To approve appointments Progress to date:

Completed

Area of work and Lead Department	Committee role	Whakatau / Decision

Performance and Appointments Committee

17 December 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: Appointments to the board of Te Taumata Toi-a-Iwi / the 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