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Regional Governance Committee
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OPEN AGENDA

I hereby give notice that a meeting of the

REGIONAL GOVERNANCE COMMITTEE

will be held as follows:

DATE: Wednesday, 11 November 2009
TIME: 1:30 pm
VENUE: Committee Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Mike Giddey
DEMOCRACY ADVISOR

Members:

Deputy Mayor David Hay, JP Chairperson
Cr Aaron Bhatnagar Deputy Chairperson
Cr Douglas Armstrong, QSO
Cr Leila Boyle
Cr John Lister, OBE
Cr Richard Northey, ONZM
Mr Bruce Kilmister (non-voting member)

Ex Officio:

His Worship the Mayor, Hon John Banks, QSO

  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Regional Governance Committee meeting held on Tuesday, 13 October 2009 to be confirmed as a true and correct record.

  3. Top EXTRAORDINARY BUSINESS

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
    (a) The local authority by resolution so decides; and
    (b) The presiding member explains at the meeting at a time when it is open to the public,-
      (i) The reason why the item is not on the agenda; and
      (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting."
    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "Where an item is not on the agenda for a meeting,-
    (a) That item may be discussed at that meeting if-
      (i) That item is a minor matter relating to the general business of the local authority; and
      (ii) The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
    (b) no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."

  4. Top PUBLIC FORUM

    A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

    At the close of the agenda no requests to speak had been received.

  5. Top REGIONAL GOVERNANCE UPDATE

    Tony Edhouse  
    Senior Research Analyst, Strategy Office 2 November 2009

    Providing a report that updates the Regional Governance Committee on the various streams of work underway related to transition to the Auckland Council.

    Preliminary information relating to wards and local boards was sent to the Local Government Commission (LGC) on 16 October. The LGC will release a draft proposal on 20 November. Auckland City Council will then need to adopt a formal position on boundary and representation issues in order to make its submission to the LGC by 11 December. An options analysis and evaluation process is being undertaken to assist councillors.

    The Auckland Transition Agency (ATA) has been given responsibility for allocating functions and funding to local boards. Work is underway to determine which non-regulatory functions local boards will be allocated on day one. This work is proceeding on the general principle that all non-regulatory activities must be allocated to local boards unless decision-making on an Auckland-wide basis will better promote the wellbeing of communities across Auckland. The ATA work also covers on local board funding, local board plans and agreements, and the resourcing, processes and protocols required to ensure the boards are functional on day one.

    A regional work programme is underway to develop strategic planning framework options for the Auckland Council to consider. This work has been approved by the ATA. There is also regional work continuing on the appeals resolution process (focusing on Environment Court appeals between councils) with the intent of 'clearing the desk' before the Auckland Council is established. 

    Work is continuing on policy development for the waterfront development agency this includes whether the agency should be established as a council controlled organisation, how it will work with the local board responsible for the CBD, the regional transport agency and the Auckland Council, as well as the geographical boundaries of the agency. Our current understanding is that the third Auckland governance bill will contain provisions for a waterfront development agency.

    The ATA is developing detailed project plans for work streams and projects and looking to select 'candidate' or priority projects. These projects will identify what needs to be completed over the next 12 months and what kind of changes, if any, can be expected in each work area before November 2010. Auckland City Council is currently leading several ATA projects and is also hosting several ATA projects.

    Auckland City Council has responded to transition by establishing four programmes of work into a transition portfolio. The programmes are legislation, transport, finance and treasury, and 'other' ATA activities ('other' includes, for example, community services, HR, customer services, communications, governance and environment). This provides for an integrated approach to transition activities and allows the increasing demands on staff to be closely monitored.

    The ATA has published a discussion document containing a proposed high-level organisation structure for the Auckland Council. The draft organisational structure presented in the document is not final and work on the design of the council and the council controlled organisations is continuing. The agency is seeking feedback by 26 November 2009.

    Recommending that the Regional Governance Committee notes:

    1. That preliminary information about local boards, wards and boundaries was sent to the Local Government Commission on 16 October 2009 and that the council will need to make a submission about boundaries and representation to the Commission by 11 December 2009
    2. That the policy work in preparation for the council's submission on the third Auckland governance bill is continuing with a focus on local boards, strategic planning, transport, and a waterfront development agency
    3. That transition activities are increasing with Auckland City Council currently taking a leadership role on several ATA projects (for example, budgeting and reporting, procurement, local boards and customer services) and that an integrated approach is being taken to coordinating the council's transition activities with emphasis on managing the increasing staff resources required
    4. That the Auckland Transition Agency published a discussion document containing a proposed high-level organisation structure for the Auckland Council and the agency is seeking feedback about the document by 26 November 2009
    [ATTACHMENT 5]  

  6. Top AUCKLAND TRANSPORT GOVERNANCE ARRANGEMENTS

    John Williamson  
    Strategic advisor 29 October 2009

    Reporting that Government has released a Cabinet paper confirming it will establish an Auckland transport agency (RTA) to be responsible for all local government transport delivery functions. The RTA will be a council controlled organisation (CCO) of the Auckland Council. It will be established by the Auckland Transition Agency and will begin operations on 1 November 2010. This report sets out policy positions in relation to transport for Council to consider, as a basis for Council's submission on the third Auckland bill.

    Previously Auckland City Council has supported the transfer of local government transport activities to the new Auckland Council to enable it to decide which transport functions might be better managed through a CCO and which would be better managed via a department of Auckland Council. Council has also indicated a desire for effective integration with central government's transport responsibilities in Auckland.

    However, feedback indicates that the Government is strongly attached to the proposed RTA and would be unlikely to support either a Auckland Council transport department or a fully integrated transport agency encompassing New Zealand Transport Authority (NZTA) and KiwiRail.

    Therefore, officers recommend that Auckland City Council accepts the Government's proposed RTA model and makes recommendations about the operation of the RTA that would best enable the outcomes of good governance and improved transport delivery for Auckland. More effective integration between local and central government transport activities in Auckland should also remain a key policy position for Council.

    The RTA will require a substantial proportion of its expenditure (around $650 million per annum) to be funded by Auckland Council making effective governance and accountability mechanisms an imperative. This involves achieving the right 'balance of power' between the Auckland Council and the RTA and minimising any tendency to resort to less effective forms of control (such as control via funding).

    The cabinet paper envisages prescriptive legislation applying to the RTA suggesting fixed, statutory governance arrangements. We recommend Auckland City Council advocates that the RTA is established in accordance with the CCO provisions of the current Local Government Act (LGA), unless deviating from these provisions will lead to a better governance outcome. The current CCO provisions in the Local Government Act 2002 provide a more enabling framework, consistent with principles of good governance. This will allow the Auckland Council greater flexibility and discretion in the governance of the RTA.

    In a similar vein we recommend that initial ownership and control arrangements of assets should be sufficiently flexible (i.e. not locked in through legislation) to allow the Auckland Council discretion to modify these once it takes control of the RTA. However, balanced against this will be the need to ensure that the RTA is given certainty and security around the control of transport assets.

    The cabinet paper does not explain how the initial board members will be appointed. We recommend that Auckland City Council advocate for the Auckland Transition Agency to be empowered to appoint an interim board for a specified period. This will allow the Auckland Council time to develop its own appointments policy. An understanding of transport and land-use integration, an understanding of the local and national transport interface in Auckland and the interface between transport and the community should be important considerations when recruiting for board members.

    The Government proposes that an NZTA representative be appointed to any Auckland Council committee considering the Regional Land Transport Strategy (RLTS) and to the RTA board as an advisor to assist with Auckland and central government transport integration. We propose that Auckland City Council uses the third Auckland bill to seek changes to the transport legislation to direct NZTA and KiwiRail to work collaboratively with the RTA and Auckland Council.

    The new Regional Land Transport Strategy has been released for consultation but the cabinet paper is unclear about the role of the RLTS as a guiding document for the RTA. Without a RLTS it will be difficult to make decisions based on strategy but time is likely to be required for the Auckland Council to review the existing RLTS to ensure it is in line with its own strategic priorities. Equally, the RTA will not have developed a Regional Land Transport Programme (RLTP) by day 1. Transitional arrangements around a transport strategy and programme will be required.

    With regards to local boards, the cabinet paper sees the boards being responsible for planning and funding of local transport projects as long as they are provided for in the RLTP. The RTA will deliver all local transport projects. The interface between the Auckland Council, RTA and local boards has still to be clarified. We suggest that Auckland City Council should support local boards having appropriate decision making responsibilities on local transport matters and that the principles governing the role of local boards as set out in the Local Government (Auckland Council) Act 2009 should apply to transport.

    Recommending that the Regional Governance Committee:

    1. Accepts the Government's proposed model for a regional transport agency, responsible for all local government transport delivery functions and makes recommendations about the operation of the agency that would best enable the outcomes of good governance and improved transport delivery for Auckland
    2. Seeks to ensure that the legislation establishing the transport agency allows the Auckland Council maximum flexibility and discretion in the governance of the transport agency and in particular advocate that the agency be established in line with the CCO provisions of the Local Government Act 2002, unless deviating from these provisions will lead to a better governance outcome
    3. Advocates that the ownership or control of assets is not constrained in legislation and allows the Auckland Council discretion to modify these arrangements once it takes control of the Auckland transport agency while also ensuring that the transport agency is given adequate certainty and security around the control of transport assets
    4. Advocates for the Auckland Transition Agency to be empowered to appoint an That the Regional Governance Committee interim board to allow the Auckland Council time to develop its own appointments policy
    5. Advocates for changes to transport legislation which direct NZTA and KiwiRail to work collaboratively with the transport agency and the Auckland Council
    6. Advocates for transitional arrangements to be made with regards to both transport strategy and the proposed regional land transport programme
    7. Supports the development of arrangements between the Auckland Council, the transport agency and the local boards to enable local boards to have appropriate decision making responsibilities with regards to local transport matters and to work collaboratively with the RTA to deliver transport services agreed in a 3-year local board plan.
    [ATTACHMENT 6]