AGENDA

Ordinary meeting of the

 

Joint Shareholders Committee

 

 

Wednesday 2 September 2015
Commencing at 9.30am
Council Chamber

Civic House

110 Trafalgar Street, Nelson

 

 

Membership: Her Worship the Mayor of Nelson Rachel Reese (Chairperson), Deputy Mayor of Nelson Paul Matheson, Nelson City Councillors Pete Rainey, Brian McGurk, Ian Barker, and Eric Davy, His Worship the Mayor of Tasman Richard Kempthorne, Deputy Mayor of Tasman Tim King, Tasman District Councillors Michael Higgins, Judene Edgar, Trevor Norriss and Stuart Bryant


Guidelines for councillors attending the meeting, who are not members of the Committee, as set out in Standing Orders:

·      All councillors, whether or not they are members of the Committee, may attend Committee meetings (SO 2.12.2)

·      At the discretion of the Chair, councillors who are not Committee members may speak, or ask questions about a matter.

·      Only Committee members may vote on any matter before the Committee (SO 3.14.1)

It is good practice for both Committee members and non-Committee members to declare any interests in items on the agenda.  They should withdraw from the table for discussion and voting on any of these items.

 


N-logotype-black-wideJoint Shareholders Committee

2 September 2015

 

 

Page No.

 

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1       Updates to the Interests Register

3.2       Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

5.1       24 July 2015 (Extraordinary Meeting)                              7 - 10

Document number M1369

Recommendation

THAT the minutes of the extraordinary meeting of the Joint Shareholders Committee, held on  24 July 2015, be confirmed as a true and correct record.

5.2.      17 April 2015                                                       11 - 16

Document number A1345011

Recommendation

THAT the minutes of the meeting of the Joint Shareholders Committee, held on 17 April 2015, be confirmed as a true and correct record.

    

6.       Tasman Bays Heritage Trust Statement of Intent 2015/16                                                          17 - 45

Document number R4237

Recommendation

THAT the report Tasman Bays Heritage Trust Statement of Intent 2015/16 (R4237) and its attachments (A1389167 and A1389171) be received;

AND THAT the Tasman Bays Heritage Trust Statement of Intent 2015/16 (A1389167) be approved for signing.

       

Public Excluded Business

7.       Exclusion of the Public

Recommendation

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Rob Evans, Paul Steere and Evzen Novak remain after the public has been excluded, for Item 4 of the Public Excluded agenda Presentation from Nelson Airport Limited, as they have knowledge that will assist the Committee;

AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Rob Evans, Paul Steere and Evzen Novak possess relates to Nelson Airport Limited plans for the development.

Recommendation

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Daryl Wehner, and Bronwyn Monopoli remain after the public has been excluded, for Item 5 of the Public Excluded agenda Port Nelson Ltd Draft Statement of Intent 2015/16 as they have knowledge that will assist the Committee;

AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Daryl Wehner and Bronwyn Monopoli possess relates to the Port Nelson Draft Statement of Intent 2015/16.

Recommendation

THAT the public be excluded from the following parts 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: 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Extraordinary Joint Shareholders Committee Meeting Minutes - Public Excluded - 24 July 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

·    Section 7(2)(i)

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

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person.

2

Joint Shareholders Committee Meeting Minutes - Public Excluded - 17 April 2015

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

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

3

Presentation from Nelson Airport Limited

This presentation relates to plans for development

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

4

Port Nelson Ltd Draft Statement of Corporate Intent 2015/16

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(i)

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

5

Directors and Trustees Remuneration 2015/16

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

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

 

8.       Re-admittance of the public

Recommendation

THAT the public be re-admitted to the meeting.

  


 

Minutes of an extraordinary meeting of the Joint Shareholders Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Friday 24 July 2015, commencing at 9.03am

 

Present:               Her Worship the Mayor R Reese (Chairperson), Deputy Mayor of Nelson P Matheson, Councillors P Rainey, B McGurk, E Davy, His Worship the Mayor of Tasman R Kempthorne (Chairperson), T King (Deputy Chairperson), M Higgins, and S Bryant

In Attendance:     Chief Executive Nelson City Council (NCC) (C Hadley), Chief Executive Tasman District Council (TDC) (L McKenzie), Group Manager Corporate Services NCC (N Harrison), Corporate Services Manager TDC (M Drummond), and Administration Adviser NCC (S McLean)

Apologies:            Nelson City Councillors I Barker for attendance and E Davy for lateness, and Tasman District Councillor J Edgar for attendance

 

1.       Apologies

Resolved JSC/2015/001

THAT apologies be received and accepted from Nelson City Councillors I Barker for attendance and E Davy for lateness, and Tasman District Councillor J Edgar for attendance.

Higgins/Matheson                                                                        Carried

Attendnace: Councillor Rainey joined the meeting at 9.06am.

2.       Confirmation of Order of Business

There was no change to the order of business.

 

3.       Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4.       Public Forum 

There was no public forum.

5.       Exclusion of the Public

Paul Steer and Rob Evans, of Nelson Airport Ltd, were in attendance for Item 3 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was passed:

Resolved JSC/2015/002

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Paul Steere and Rob Evans remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Nelson Airport Ltd – Statement of Intent 2015/16), as they have knowledge that will assist the Council;

AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Paul Steere and Rob Evans posess relates to the Nelson Airport Statement of Intent 2015/16.

Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman

                                                                                                       Carried

Resolved JSC/2015/003

THAT the public be excluded from the following parts 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:

Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman

                                                                                                       Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Nelson Airport Ltd - Statement of Intent 2015/16

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(i)

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

The meeting went into public excluded session at 9.07am and resumed in public session at 9.24am. 

6.       Re-admittance of the Public

Resolved JSC/2015/004

THAT the public be re-admitted to the meeting.

Her Worship the Mayor of Nelson/Matheson                                 Carried

 

7.       Exclusion of the Public

Resolved JSC/2015/005

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Simon Orr remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Nelson Airport Ltd – Statement of Intent 2015/16), as he has knowledge that will assist the Council;

AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Simon Orr possesses relates to the Nelson Airport Statement of Intent 2015/16.

Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman       

Carried

Resolved JSC/2015/006

THAT the public be excluded from the following parts 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:

Higgins/Matheson                                                                        Carried

 Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Director appointments for Port Nelson Limited and Nelson Airport Limited

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

The meeting went into public excluded session at 9.25am and resumed in public session at 10.24am. 

8.       Re-admittance of the Public

Resolved JSC/2015/007

THAT the public be re-admitted to the meeting.

Her Worship the Mayor of Nelson/Rainey                                     Carried

 

9.       Meeting Date

 

It was agreed that the Joint Shareholders Committee meeting set for 14 August would be delayed until September.

 

 

There being no further business the meeting ended at 10.26am.

Confirmed as a correct record of proceedings:

 

 

                                                         Chairperson                                        Date 



 


 


 


 


 

  


 

Joint Shareholders Committee

2 September 2015

 

 

REPORT R4237

Tasman Bays Heritage Trust Statement of Intent 2015/16

     

 

1.       Purpose of Report

1.1       To approve the Tasman Bays Heritage Trust (TBHT) Statement of Intent (SOI) 2015/16 (attachment 1) for signing.

2.       Delegations

2.1       The Joint Shareholders Committee has the power to decide on all matters relating to jointly owned Council Controlled Organisations and Council Controlled Trading Organisations, including statements of intent, statements of corporate intent, half yearly reports, the appointment of directors and setting of directors’ fees.

3.       Recommendation

THAT the report Tasman Bays Heritage Trust Statement of Intent 2015/16 (R4237) and its attachments (A1389167 and A1389171) be received;

AND THAT the Tasman Bays Heritage Trust Statement of Intent 2015/16 (A1389167) be approved for signing.

 

 

4.       Background

4.1       The Joint Shareholders Committee received the draft SOI from TBHT at its meeting on 17 April 2015. The Committee resolved:

THAT the report Tasman Bays Heritage Trust Statement of Intent 2015/16 and Half Yearly Report (A1332722) and its attachments (A1334660, A1333055 and A1334741) be received;

AND THAT the Committee authorises officers to work with the Chief Executive of the Tasman Bays Heritage Trust to ensure that the Board’s strategy and measures give effect to the letter of expectation and Strategic Review before reporting back to the Joint Shareholders Committee;

AND THAT the Committee requests that the report back cover any matters in the letter of expectation and Strategic Review that are not taken up and give reasons why;

AND THAT a final Statement of Intent be reported back to the Joint Shareholders Committee in August 2015.

4.2       Council officers have discussed the SOI with the TBHT Chief Executive and with Trustees. As a result, changes have been made to the SOI and the Trust has provided a cover letter detailing its response to the Strategic Review.

5.       Discussion

Changes made to the Draft SOI

5.1       A number of changes have been made to the draft SOI previously presented to the Committee. These include:

5.1.1    Inclusion of additional statutory information as required under Schedule 8, s9 of the Local Government Act 2002 (pages 1-9 of the SOI).

5.1.2    Clear relationship between Strategic Objectives, Performance Measures, Targets and timeframes for action

5.1.3    New performance measures as follows:

·   Reporting of outcomes (objective 1)

·   The Trust will work with Councils and other major stakeholders to continue the development of planning for the redevelopment of Research and Collection storage facilities (objective 4)

5.1.4    The performance measure ‘Play a lead role in maintaining and activating the Museum and Gallery network of the Nelson-Tasman region is moved to objective 2.

5.1.5    Changes to the content and presentation of KPI’s, including targets for regional outreach (page 20).

Covering letter from TBHT

5.2       The covering letter provides a link between the Strategic Review and the SOI. The Trustees have summarised the key recommendations and have confirmed that these are addressed within the SOI.

5.3       Officers concur and believe that the Trust has indicated a strong commitment to change, in line with the direction given by the Strategic Review. It is recommended that the SOI is approved.

6.       Options

6.1       The Committee can either approve the Statement of Intent for signing or request further changes. Officers believe that the SOI as presented should be approved for signing.

7.       Alignment with relevant Council policy

7.1       This decision is a part of a statutory process. Support for TBHT is consistent with the councils’ regional community outcome of ‘Our communities have opportunities to celebrate and explore their heritage, identity and creativity.’

8.       Assessment of Significance against the Council’s Significance and Engagement Policy

8.1       This decision is not significant in terms of Council’s Significance and Engagement Policy.

9.       Consultation

9.1       No consultation has been carried out other than with the Tasman Bays Heritage Trust.

10.     Inclusion of Māori in the decision making process

10.1     No specific consultation has been carried out with Maori. There is iwi representation on the TBHT Board.

11.     Conclusion

11.1     The Tasman Bays Heritage Trust has submitted a revised SOI that is compliant with Schedule 8 of the Local Government Act 2002 and which incorporated the changes requested previously by the Joint Shareholders Committee.

 

Chris Ward

Group Manager Community Services

Attachments

Attachment 1:    A1389167 - TBHT Statement of Intent 2015/16  

Attachment 2:    A1389171 - TBHT Statement of Intent letter