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Council member and meetings
Finance and Corporate Business Committee
Back to contents AGENDA ATTACHMENTS

I hereby give notice that a meeting of the

FINANCE AND CORPORATE BUSINESS COMMITTEE

will be held as follows:

DATE: Thursday, 12 July 2007
TIME: 1:30pm
VENUE: Committee Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Lee Manaia
DEMOCRACY ADVISOR

Members:

Cr Vern Walsh, JP [Chairman]
Cr Richard Northey, ONZM [Deputy Chairman]
Cr Neil Abel
Cr Doug Armstrong, QSO
Cr Christine Caughey
Cr Glenda Fryer
Cr Toni Millar, JP
Cr Scott Milne, JP
Cr Richard Simpson

Ex Officio:

His Worship the Mayor, Dick Hubbard, ONZM
Deputy Mayor, Dr Bruce Hucker, QSO
  1. Top APOLOGIES

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

  2. Top CONFIRMATION OF MINUTES

    1. The minutes of the Annual Plan hearings meeting held on Tuesday, 4 June 2006, Wednesday, 5 June 2006, Thursday, 6 June 2006 and Friday, 7 June 2006 to be confirmed as a true and correct record
    2. The minutes of the Annual Plan hearings meeting held on Tuesday, 5 June 2007, Wednesday, 6 June 2007 and Thursday, 7 June 2007 to be confirmed as a true and correct record
    3. The minutes of the Finance and Corporate Business Committee meeting held on Wednesday, 23 May 2007 to be confirmed as a true and correct record.
    4. The minutes of the extraordinary Finance and Corporate Business Committee meeting held on Thursday, 21 June 2007 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.

    The following requests have been received to address the meeting:

    4.1. PUBLIC FORUM - MR KEVIN WRAGGE - METROWATER

    Mr Wragge has requested an opportunity to address the Finance and Corporate Business Committee about Metrowater's debt collection and water restriction practices.

    4.2. PUBLIC FORUM - MR STEPHEN MOORE - METROWATER

    Mr Moore wishes to address the Finance and Corporate Business Committee on Metrowater issues.

  5. Top REPORTS REQUESTED

    Lee Manaia  
    Democracy Advisor 3 July 2007

    Seeking approval to amend the reports requested listing as follows:

    Row No. Date Requested Target Date Report Name Comments

    1

    15/02/2007 - Item C7

    July-07

    Defer to

    Sept-07

    Governance options for the Zoo

    Confidential item - Officers report back on governance options for the Auckland Zoo including a preferred option.
    Officers are requesting that this item be deferred to allow further options to be investigated.
    Due to officers workloads more time is needed to complete this work.

    3

    15/02/07

    July-07
    report no longer required

    Long-term leases and licences on Parkright buildings that are affected by the signs bylaw

    Officers report back with options for those billboard leases and licences subject to long-term arragements on Parkright buildings that are affected by the outcome of the billboard signs bylaw.
    Officers are recommending that this report is no longer required given that the proposed Billboard Bylaw means that the status quo remains and the current leases have existing rights with Council's approvals

    [ATTACHMENT 5] Pages 1-2
  6. Top FINANCIAL REPORT FOR THE 11 MONTHS ENDED 31 MAY 2007

    Brigid Ashby  
    Operational reporting manager 13 June 2007

    Providing the financial report for the 11 months ended 31 May 2007 updating the committee on the operating surplus, capital expenditure, the balance sheet and cashflow.

    Recommending that the following be noted:

    1. a favourable operating surplus variance of $6.7 million
    2. a capital expenditure underspend of $26.4 million
    3. the risk to achievement of forecast year end capital expenditure.
    [ATTACHMENT 6] Pages 3-14
  7. Top LITTER ACT 1979 - RESOLUTION OFR INFRINGMENT OFFENCES AND FEES

    Jackie Wilkinson  
    Manager, service requests 14 June 2007

    Reporting on an amendment to the Litter Act 1979 allowing for an increase in the maximum infringement fee that can be imposed by territorial authorities for minor offences.

    Recommending to Council the adoption of sections 13 and 14 of the Litter Act, whereby after 14 days public notice has been given, the sections of the Act will apply in respect of litter infringement offences committed within the Auckland City Council boundaries.

    [ATTACHMENT 7] Pages 15-20
  8. Top APPROVAL OF WATERCARE'S STATEMENT OF CORPORATE INTENT FOR THE THREE YEAR PERIOD COMMENCING 1 JULY 2007

    Kris Munday  
    Policy Analyst 2 July 2007

    Reporting on Watercare Services Limited's Statement of Corporate Intent for the three-year period commencing 1 July 2007, noting that the Shareholders' Representative Group of Watercare approved the Statement of Corporate Intent at its meeting on the 16 May 2007 after having requested an amendment to clause 2.4

    Recommending that Watercare's Statement of Corporate Intent for the three-year period commencing 1 July 2007 be approved and that the chairman write to the Chairman of the Shareholders' Representative Group Watercare to advise of the committee's resolution.

    [ATTACHMENT 8] Pages 21-42
  9. Top AUCKLAND REGIONAL TRANSPORT NETWORK LIMITED (ARTNL) STATEMENT OF INTENT FOR THE THREE YEAR PERIOD COMMENCING 1 JULY 2007

    Ruth Stokes  
    Policy Analyst 2 July 2007

    Reporting on the Auckland Regional Transport Network Limited's Statement of Intent 2007-2010, noting that the Statement of Intent has been updated to reflect the signing of the general transfer agreement.

    Recommending that the Finance and Corporate Business Committee waive the requirement that the Shareholders' Representative Group Auckland Regional Transport Network Limited (ARTNL) meet to recommend the Statement of Intent 2007-2010 and approve the Statement of Intent 2007-2010.

    [ATTACHMENT 9] Pages 43-56
  10. Top PROPOSAL FOR AUCKLAND CITY COUNCIL TO ISSUE BONDS

    Richard Northey  
    Councillor 4 July 2007

    Reporting that in light of recent and major proposed changes in law, practice and public attitudes, Council should consider investigating a proposal to issue local authority bonds. Noting that the government has proposed a change in law so that local authority bond issues would no longer require the signature and acceptance of potential risk by all councillors, and would be replaced with a statement signed by two councillors on behalf of Council supporting an investment statement.

    Recommending that the Finance and Corporate Business Committee support in principle the proposal for Auckland City to issue bonds and that officers report back on the benefits and costs incurred if Auckland City Council were to undertake a bond issue.

    [ATTACHMENT 10] Pages 57-58
  11. Top AIRPORT SHARES - RESOLUTION FROM EDEN/ALBERT COMMUNITY BOARD

    Lee Manaia  
    Democracy Advisor 3 July 2007

    At its meeting held on Wednesday, 27 June 2007, the Eden/Albert Community Board resolved inter alia as follows:

    1. That the board advocates to the Urban Strategy and Governance Committee, the Finance and Corporate Business committee and the Economic and Sustainable Development Committee, that Council's airport share preferably not be sold.
    2. That the Board advocates that in the instance of consideration that Council's shares are sold, then Council investigate the means by which the proceeds are retained and re-invested, and not spent, for the benefit of Auckland citizens, both now and in the future.

    Recommending that the resolution of the Eden/Albert Community Board be noted.

  12. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Lee Manaia  
    Democracy Advisor 03 Jul 2007
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    That the public be excluded 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 are as 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 are as follows:

    Item no.

    General subject of each matter to be considered

    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

    C1 Auckland Art Gallery Development Update Public conduct of the matter would be likely to result in disclosure of the information for which good reason to exists under section 7. To enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    [Section 7(2)(h)]

    In particular, the report contains commercially sensitive project cost information. This includes project funding and operational information and to release this information to the public would compromise the Art Gallery's commercial operations.

    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.

    [Section 7(2)(c)(i)]

    To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    [Section 7(2)(i)]

    In particular, the report notes that contractors have been invited to submit an Expression of Interest as part of the approved procurement process for the selection and appointment of the main building contract. In the interest of maintaining a fair and competitive tender process, it is imperative that the project cost information in this report remains confidential.

    Section 48(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 Property Enterprise Board: Review of Board Composition Public conduct of the matter would be likely to result in disclosure of the information for which good reason to exists under section 7. 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.

    [Section 7(2)(c)(i)]

    In particular, the report contains references to the board's performance , that if released to the public, could have a negative impact on the board.

    Section 48(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 Review of Watercare's Performance for the Third Quarter Public conduct of the matter would be likely to result in disclosure of the information for which good reason to exists under section 7. 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.

    [Section 7(2)(b)(ii)]

    In particular, the report contains capital and operating expenditure information relating to suppliers, contractors and other third parties, which if released to the public, would prejudice and disadvantage Watercare Services Limited's commercial position.

    Section 48(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 Delegated Decisions and/ or recommendations from the Property Enterprise Board Good reason to withhold exists under section 7 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.

    [Section 7(2)(b)(ii)]

    To enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    [Section 7(2)(h)]

    In particular, the report contains references to the property's value and information that may impact on the property owner's commercial activities; identification of the site and contract terms which form the basis of negotiations between council and the landowner; sensitive information about council's proposed intentions for the site, which could prejudice or disadvantage its commercial activities.

    Section 48(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 Delegated Decisions - Property group manager Good reason to withhold exists under section 7 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.

    [Section 7(2)(b)(ii)]

    In particular, the detailed financial information contained in the report regarding leases, rent reviews and property transactions,

     if released to the public, would prejudice the commercial position of council or the other parties involved.

    To enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    [Section 7(2)(h)]

    In particular, the detailed financial information contained in the report regarding leases, rent reviews and property transactions, if released to the public-, would place council at a disadvantage in carrying out its commercial activities.

    Section 48(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.