Agenda of Joint Shareholders Committee

N-logotype-black-wide Joint Shareholders Committee

20 November 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 2 September 2015 6 - 11

Document number M1427

Recommendation

THAT the minutes of the meeting of the Joint Shareholders Committee, held on 2 September 2015, be confirmed as a true and correct record.

6. Review of Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations 12 - 21

Document number R4403

Recommendation

THAT the report Review of Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (R4403) and its attachments (A1449972 and A537882) be received;

AND THAT the reviewed and amended Policy for the Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (A537882) be adopted.

Public Excluded Business

7. Exclusion of the Public

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	Joint Shareholders Committee Meeting - Public Excluded Minutes - 2 September 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)(a) To protect the privacy of natural persons, including that of a deceased person. · 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).
2	Port Nelson Limited Proposed Constitution Changes	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Joint Shareholders Committee Meeting - Public Excluded Minutes - 2 September 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)(a)

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

· 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).

Port Nelson Limited Proposed Constitution Changes

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

8. Re-admittance of the public

Recommendation

THAT the public be re-admitted to the meeting.

Minutes of a meeting of the Joint Shareholders Committee

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

On Wednesday 2 September 2015, commencing at 9.30am

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

In Attendance: Chief Executive Nelson City Council (C Hadley), Chief Executive Tasman District Council (L McKenzie), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Group Manager Infrastructure (A Louverdis), Manager Communications (P Shattock), Corporate Services Manager (M Drummond), and Administration Adviser (G Brown)

Apology: Deputy Mayor of Tasman T King

1. Apology

Resolved JSC/2015/003

THAT an apology be received and accepted from Deputy Mayor of Tasman T King.

Her Worship the Mayor of Nelson/Edgar Carried

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. Confirmation of Minutes

5.1 24 July 2015 - Extraordinary Meeting

Document number M1369, agenda pages 7 - 10 refer.

Resolved JSC/2015/004

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.

His Worship the Mayor of Tasman/Barker Carried

5.2. Joint Shareholders Committee Minutes - 17 April 2015

Document number R4754, agenda pages 11 - 16 refer.

Resolved JSC/2015/005

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

Higgins/His Worship the Mayor of Tasman Carried

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

Document number R4237, agenda pages 17 - 45 refer.

Olivia Hall, Chairperson, and Terry Horne, Trustee, of Tasman Bays Heritage Trust, joined the meeting.

Group Manager Community Services, Chris Ward, presented the report.

It was discussed that some of the key Strategic Objectives in the Statement of Intent (SOI) had no targets identified. Ms Hall advised that the Tasman Bays Heritage Trust focussed on maintaining a simplified SOI, however she pointed out that on page 20 of the agenda SOI targets were illustrated.

It was highlighted that the SOI contained some minor grammatical errors which needed rectifying before being formally published.

Resolved JSC/2015/006

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.

Davy/Bryant Carried

7. Exclusion of the Public

Rob Evans and Paul Steere, of Nelson Airport Ltd, and Evzen Novak, of Studio Pacific Architecture, were to be in attendance for Item 4 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved JSC/2015/007

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.

Her Worship the Mayor of Nelson/Matheson Carried

Daryl Wehner and Bronwyn Monopoli, of Port Nelson Ltd, were to be in attendance for Item 5 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved

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.

Barker/Higgins Carried

Resolved JSC/2015/008

THAT the public be excluded from the following parts of the proceedings of this meeting.

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

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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

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.

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)(a)

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

· 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)

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

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)

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)

The meeting went into public excluded session at 9.38am and resumed in public session at 10.52am.

8. Re-admittance of the Public

Resolved JSC/2015/009

THAT the public be re-admitted to the meeting.

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

Carried

There being no further business the meeting ended at 10.52am.

Confirmed as a correct record of proceedings:

Chairperson Date

Joint Shareholders Committee

20 November 2015

REPORT R4403

Review of Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations

1. Purpose of Report

1.1 To consider the reviewed and amended Policy for the Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (the Policy).

2. Delegations

2.1 The Joint Shareholders Committee has responsibility for matters relating to jointly owned Council Controlled Organisations (CCO)’s) and Council Controlled Trading Organisations (CCTO’s). The Committee has power to decide on matters relating to the appointment of directors and trustees.

3. Recommendation

4. Background

4.1 The Policy covers the appointment and re-appointment process for directors/trustees of organisations such as Port Nelson Limited, Nelson Airport Limited and Tasman Bays Heritage Trust.

4.2 The Policy was most recently received and amended by the Joint Shareholders Committee in 2012, and was scheduled for review in July 2015.

4.3 The Nelson City Council Appointment of CCOs and CCTOs Policy was reviewed and adopted by the Governance Committee on 5 November 2015. The Policy for Joint Appointment of CCOs and CCTOs has been amended to align with changes made to the NCC Policy.

5. Discussion

5.1 The proposed amendments to the Policy are listed below. Further detail and explanation can be found in Attachment 1, and the revised policy is shown as Attachment 2.

· Corrections to officer titles and dates throughout the Policy

· Clauses 1.1 and 2.1: Replaced reference to Port Nelson Limited with Council Controlled Trading Organisations to ensure Policy covers all Joint CCTOs

· Clause 3.1: Replaced ‘gender balance’ with ‘diversity’

· Clause 3.3.5: Changed ‘company’ to ‘company/trust’, and replaced ‘business area’ with ‘activities’

· Clauses 4.1.1 and 5.2.1: Added detail on assessing if the appointment is necessary

· Clauses 4.1.3 and 4.2-4.5: Addition of reference to an interview panel

· Clause 4.4: Removed as Joint Shareholders Committee has full delegations to make decisions on directors/trustees.

· Clause 7.2 and 7.3: Added reference to staff members to clause 7.2. removed clause 7.3 to ensure no confusion between processes.

· Clause 8.2 (new): Added detail on varying procedures in the policy as necessary

6. Options

6.1 Adopt the Policy as reviewed and amended. This is the preferred option.

6.2 The Committee may choose to amend the Policy further before its adoption.

6.3 The Committee could choose not to change the current Policy. This would result in a less flexible and effective Policy.

7. Alignment with relevant Council policy

7.1 This recommendation is not inconsistent with any other Council policy or decision.

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

8.1 This decision is not significant under Nelson City Council’s Significance and Engagement Policy.

8.2 Under Tasman District Council’s Significance Policy this decision is considered to be of low significance as it does not impact on levels of service or Council finances and is primarily of a technical nature.

9. Consultation

9.1 No consultation has taken place on this matter.

10. Inclusion of Māori in the decision making process

10.1 Maori have not been consulted on this matter.

11. Conclusion

11.1 The Policy for the Procedure for Joint Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations has been reviewed and amended and is presented to the Joint Shareholders Committee for adoption.

Chris Ward

Group Manager Community Services

Attachments

Attachment 1: A1449972 - Table of Amendments to the Procedure for Joint Apointment of Directors/Trustees of CCOs and CCTOs

Attachment 2: A537882 - Current Procedure for Joint Appointments of Directors/Trustees of CCOs/CCTOs