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AGENDA

Extraordinary meeting of the

 

Governance Committee

 

Thursday 26 May 2016

Commencing at the conclusion of the Extraordinary Commercial Subcommittee

Council Chamber

Civic House

110 Trafalgar Street, Nelson

 

 

Membership: Councillor Ian Barker (Chairperson), Her Worship the Mayor Rachel Reese, Councillors Luke Acland (Deputy Chairperson), Eric Davy, Kate Fulton, Paul Matheson, Brian McGurk, Gaile Noonan, and Pete Rainey, Mr John Murray and Mr John Peters


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 room for discussion and voting on any of these items.

 


N-logotype-black-wideGovernance Committee

26 May 2016

 

 

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       21 April 2016                                                            7 - 18

Document number M1845

Recommendation

THAT the minutes of the meeting of the Governance Committee, held on 21 April 2016, be confirmed as a true and correct record.

6.       Status Report - Governance Committee 26 May 2016

There is no status report.   

7.       Chairperson's Report    

Governance

8.       Bett Carpark - Referral to Council

This item will be circulated separately.

9.       Uniquely Nelson - Memorandum of Understanding                                           19 - 43

Document number R5683

Recommendation

THAT the report Uniquely Nelson - Memorandum of Understanding (R5683) and its attachments (A1380525 and A1547869) be received.

 

Recommendation to Council

THAT the Memorandum of Understanding (MoU) between Uniquely Nelson and Nelson City Council (A1380525) be approved as the MoU for the 2016/17 year.

       

REPORTS FROM COMMITTEES

10.     Audit, Risk and Finance Subcommittee - 10 May 2016                                                          44 - 49

Document number M1874

Recommendation

THAT the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 10 May 2016, be received.

 

10.1     Internal Audit Report to 31 March 2016

Recommendation to Governance Committee and Council

THAT Council note the internal audit findings, recommendations and status of action plans up to 31 March 2016 (R5793).

                                                                                                     

10.2     Corporate Report to 31 March 2016

Recommendation to Governance Committee and Council

THAT the transfer of legal budget from the Corporate activity to the Planning activity in 2015/16 in order to obtain economic and traffic evidence for the submission to Tasman District Council on the proposed Progressive Enterprises Ltd Private Plan Change be noted.

11.     Commercial Subcommittee - 10 May 2016    50 - 52

Document number M1877

Recommendation

THAT the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 10 May 2016, be received.

 

 

Public Excluded Business

12.     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

Governance Committee Meeting - Public Excluded Minutes -  21 April 2016

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).

2

Commercial Subcommittee Meeting - Public Excluded Minutes -  10 May 2016

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).

 

13.     Re-admittance of the public

Recommendation

THAT the public be re-admitted to the meeting.

 

 

 

  


 

Minutes of a meeting of the Governance Committee

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

On Thursday 21 April 2016, commencing at 9.00am

 

Present:               Councillor I Barker (Chairperson), Her Worship the Mayor R Reese, Councillors L Acland (Deputy Chairperson), E Davy, K Fulton, P Matheson, B McGurk, G Noonan, and P Rainey, Mr J Murray and Mr J Peters

In Attendance:     Councillor M Lawrey, Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Administration (P Langley), Manager Communications (P Shattock), Administration Adviser (S Burgess), and Youth Councillors (C Collins and T Shuker)

 

 

1.       Apologies

There were no apologies

2.       Interests

John Murray advised that as he was no longer involved with Crowe Horwath, the auditors for the Bishop Suter Trust, he no longer had a conflict of interest and could participate in the related item.

The Chairperson advised he would vacate the chair for the public forum item on the Tahunanui Beach Holiday Park.

3.       Confirmation of Order of Business

The Chairperson advised of one late item for the public part of the meeting, and that the following resolution needed to be passed for the item to be considered:

 

 

 

3.1       Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council

Resolved GOV/2016/026

THAT the item regarding Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Noonan/McGurk                                                                    Carried

 

4.       Public Forum 

Attendance: Councillor Barker declared an interest and vacated the chair. Deputy Chairperson, Councillor Acland, assumed the chair.

4.1           Tahunanui Beach Holiday Park

Seddon Marshall, Chairperson of Tahunanui Beach Holiday Park Board, spoke about the performance of the Park. He thanked Council for its loan for the installation of heat pumps, and presented a cheque of $50,000 to Mayor Reese, as payment towards that loan.

Attendance: Councillor Acland departed the chair; Councillor Barker resumed the chair. 

5.       Confirmation of Minutes

5.1       3 March 2016

Document number M1747, agenda pages 10 - 17 refer.

Resolved GOV/2016/027

THAT the minutes of the extraordinary meeting of the Governance Committee, held on 3 March 2016, be confirmed as a true and correct record.

Murray/Fulton                                                                       Carried

 

6.       Status Report - Governance Committee 21 April

It was noted there was no status report.  

 

7.       Chairperson's Report    

The Chairperson provided detail on ANZAC activities and encouraged councillors to attend the various ceremonies.

Resolved GOV/2016/028

THAT the Chairperson’s oral report be received

Barker/Acland                                                                       Carried

8.       Sister Cities Update - April 2016

Document number R5529, agenda pages 18 - 22 refer.

Sister Cities Coordinator, Gail Collingwood, presented the report and highlighted key points.

Resolved GOV/2016/029

THAT the report Sister Cities Update - April 2016 (R5529) and its attachment (A1523258) be received.

Davy/Fulton                                                                          Carried

 

9.       The Bishop Suter Trust draft Statement of Intent 2016/17 and Half Yearly Report

Document number R5352, agenda pages 23 - 71 refer.

Group Manager Community Services, Chris Ward, presented the report. Bishop Suter Trust Director, Julie Catchpole, and Board Members, Gabrielle Hervey and Ian McLennan, joined the meeting.

Attendance: Her Worship the Mayor left the meeting from 9.24am to 9.26am.

The Committee discussed the Trust’s request for $20,000 to allow free admission to the Suter Art Gallery in 2016/17. In response to questions, Mr McLennan provided detail on previous methods for donations, the development of a draft strategic plan, fundraising, financial statements and Trust beneficiaries.

Ms Catchpole provided detail on the redevelopment of the Suter Art Gallery and spoke about the desire to remove any financial barrier to access.

In response to a question, Mr Ward advised the officer’s recommendation would not preclude the Trust from offering free entry to all visitors.

Resolved GOV/2016/030

THAT the report The Bishop Suter Trust draft Statement of Intent 2016/17 and Half Yearly Report (R5352) and its attachments (A1512564, A1512571, A1463949 & A1512573) be received;

 

AND THAT the Committee notes the delivery of the Bishop Suter Trust Draft Statement of Intent 2016/17 (A1512571) as required under the Local Government Act 2002.

Acland/Rainey                                                                       Carried

 

Councillor Matheson, seconded by Councillor Davy, moved the recommendation to Council in the officer report:

THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;

AND THAT a one off grant of $10,000 be allocated to the Suter to allow free entry for locals for the 2016/17 year;

AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry for locals.

Councillor Fulton, seconded by Councillor Rainey, moved an amendment to increase the grant to $15,000 and remove the words ‘for locals’ in clause two of the motion.

The Committee discussed the amendment. With the agreement of the mover and seconder, the proposed grant was increased to $20,000 and the reference to ‘for locals’ in the third clause was removed:

THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;

AND THAT a one off grant of $20,000 be allocated to the Suter to allow free entry for the 2016/17 year;

AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry.

Committee members spoke for and against the amendment. The amendment was put and carried and became the substantive motion.

 

 

 

Recommendation to Council GOV/2016/031

THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;

AND THAT a one off grant of $20,000 be allocated to the Suter to allow free entry for the 2016/17 year;

AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry.

Fulton/Rainey                                                                       Carried

 

10.     Half Yearly Reports - Nelson Regional Economic Development Agency and Tourism Nelson Tasman Ltd.

Document number R5589, agenda pages 72 - 110 refer.

Group Manager Community Services, Chris Ward, presented the report. Nelson Regional Economic Development Agency (EDA) Chief Executive, Bill Findlater, and Chairperson, Robin Whalley joined the meeting.

Mr Whalley provided an update on progress of the Nelson Regional Economic Development Agency Transition Group.

Attendance: Councillor Fulton left the meeting from 10.14am to 10.16am.

Mr Findlater thanked Council for its support of his role for the past 12 years. He spoke about key projects he had been involved with and highlighted the benefits these projects had brought to the Nelson economy.

The Mayor and Deputy Mayor thanked Mr Findlater for his contribution to Nelson.

In response to a question, Mr Ward advised Council was taking legal advice on the requirements for merging the funds of the EDA and Tourism Nelson Tasman, and the result would be reported back to the Governance Committee.

Resolved GOV/2016/032

THAT the report Half Yearly Reports - Nelson Regional Economic Development Agency and Tourism Nelson Tasman Ltd. (R5589) be received;

 

AND THAT the Half Yearly report of the Nelson Regional Economic Development Agency (A1511501) be received;

Davy/Matheson                                                                     Carried

Tourism Nelson Tasman Director, Sharon McGuire, and Chief Executive, Lynda Keene, joined the meeting.

In response to questions, Ms McGuire provided further detail on brochure advertising, online bookings, social media platforms and the domestic market.

Resolved GOV/2016/033

AND THAT the Half Yearly report of Tourism Nelson Tasman Ltd. (A1511411) be received.

Her Worship the Mayor/Acland                                              Carried

 

Attendance: The meeting adjourned for morning tea from 10.41am to 11.00am, during which time Her Worship the Mayor left the meeting.

11.     Service Level Reviews Progress Update

Document number R5577, agenda pages 111 - 117 refer.

Policy Adviser, Gabrielle Thorpe, presented the report.

Resolved GOV/2016/034

THAT the report Service Level Reviews Progress Update (R5577) and its attachment (A1528999) be received.

Davy/Noonan                                                                       Carried

 

Attendance: Her Worship the Mayor returned to the meeting and Councillor Fulton left the meeting at 11.02am.

12.     Draft Health and Safety Management System Strategic Plan

Document number R4207, agenda pages 118 - 157 refer.

Manager Organisational Assurance and Emergency Management, Roger Ball, presented the report.

It was queried why there was no reference to expectations of councillors in the Strategic Plan. Mr Ball advised the Strategic Plan focussed on expectations of Council at business level, but could cross reference the Health and Safety Management System Governance Charter with respect to expectations of councillors.

Attendance: Councillor Fulton returned to the meeting at 11.06am.

In response to questions, Mr Ball spoke about the planned dissemination of the Strategic Plan to the leadership of the organisation. He explained officers would continue to develop the appropriate level of hazard metrics for Council’s mainly office environment.

Resolved GOV/2016/035

THAT the report Draft Health and Safety Management System Strategic Plan (R4207) and its attachment (A1398549) be received;

AND THAT the Draft Health and Safety Management System Strategic Plan be amended to include expectations of Councillors as outlined in the Health and Safety Management System Governance Charter and advice from the Institute of Directors.

McGurk/Peters                                                                      Carried

Recommendation to Council GOV/2016/036

THAT the amended Draft Health and Safety Management System Strategic Plan (A1398549) be approved.

McGurk/Peters                                                                      Carried

 

13.     Responses to Mr Neal's public forum, 3 March 2016

Document number R5726, agenda pages 158 - 214 refer.

Senior Strategic Advisor, Nicky McDonald, presented the report.

Resolved GOV/2016/037

THAT the report Responses to Mr Neal's public forum, 3 March 2016 (R5726) and its attachments (A1512793, A1530211, A1534021, and A1533960) be received;

AND THAT it be noted that the allegation of collusion has been considered and found to have no basis.

Davy/Fulton                                                                          Carried

     

Attendance: Her Worship the Mayor left the meeting at 11.21am

14.     Audit, Risk and Finance Subcommittee - 31 March 2016

Document number M1801, agenda pages 215 - 221 refer.

Resolved GOV/2016/038

THAT the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 31 March 2016, be received.

Peters/Murray                                                                       Carried

14.1     Extension of loan facility to the Melrose Society

Recommendation to Council GOV/2016/039

THAT the $15,000 funding allocated towards asbestos remediation in Melrose House in 2016/17 be brought forward to 2015/16 and be used to grant fund the Melrose Society for the purpose of toilet refurbishment;

AND THAT an additional unbudgeted grant of up to $42,000 is provided to the  Melrose Society for the purpose of toilet renovations in the 2015/16 financial year;

AND THAT the Melrose Society be informed that no further grants will be made by Council to the Melrose Society for the toilet refurbishment and chiller installation project.     

Peters/Noonan                                                                      Carried

14.2     Corporate Report to 31 January 2016

In response to questions, Group Manager Community Services, Chris Ward provided background detail on the proposed funding carry forward.

Recommendation to Council GOV/2016/040

THAT the unspent 2015/16 Community Investment Fund operational budget of $21,300 be carried forward to the 2016/17 financial year, bringing the total budget for 2016/17 for the Community Investment Fund to $327,000.

Peters/Noonan                                                                      Carried

15.     Commercial Subcommittee - 31 March 2016

Document number M1803, agenda pages 222 - 225 refer.

 

 

 

Resolved GOV/2016/041

THAT the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 31 March 2016, be received.

Murray/Noonan                                                                     Carried

 

16.     Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council

Document number R5809, late items agenda pages 2 - 3 refer.

In response to a question, Group Manager Corporate Services, Nikki Harrison, explained Council was awaiting a report from Tonkin and Taylor regarding an earthquake and flood assessment of Council’s assets for the purposes of assessing insurance cover.

Resolved GOV/2016/042

THAT the report Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council (R5809) be received;

AND THAT the Committee refers the matter of the 2016/17 infrastructure assets insurance renewal to Council for consideration at its meeting on 5 May 2016.

Peters/Davy                                                                         Carried

 

REPORTS FROM COMMITTEES

 

17.     Exclusion of the Public

Rob Gunn and Lee Babe, of Nelmac 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 GOV/2016/043

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Rob Gunn and Lee Babe remain after the public has been excluded, for Item 5 of the Public Excluded agenda (Nelmac half yearly report and draft Statement of Intent 2016/17), 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 Rob Gunn and Lee Babe possess relates to Nelmac Limited.

Acland/Matheson                                                                   Carried

Resolved GOV/2016/044

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:

Acland/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

Governance Committee Meeting - Public Excluded Minutes -  3 March 2016

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)(b)(ii)

     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)(h)

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

2

Nelmac half yearly report and draft Statement of Intent 2016/17

 

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)

3

Potential exit from Ridgeways Joint Venture

 

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)

4

Commercial Subcommittee Meeting - Public Excluded Minutes -  31 March 2016

These minutes contain a recommendation to Governance Committee and Council regarding Forestry

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)(b)(ii)

     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)(h)

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

The meeting went into public excluded session at 11.32am and resumed in public session at 12.47pm, during which time Her Worship the Mayor returned to the meeting.

18.     Re-admittance of the Public

Resolved GOV/2016/045

THAT the public be re-admitted to the meeting.

Peters/Rainey                                                                       Carried

 

 

There being no further business the meeting ended at 12.48pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                         Chairperson                                    Date

           

 


 

Governance Committee

2 June 2016

 

 

REPORT R5683

Uniquely Nelson - Memorandum of Understanding

     

 

1.       Purpose of Report

1.1       To extend the Memorandum of Understanding (MoU) between Nelson City Council and Uniquely Nelson.

2.       Delegations

2.1       The Governance Committee’s areas of responsibility include business, economic development and tourism in Nelson.

 

3.       Recommendation

THAT the report Uniquely Nelson - Memorandum of Understanding (R5683) and its attachments (A1380525 and A1547869) be received.

Recommendation to Council

THAT the Memorandum of Understanding (MoU) between Uniquely Nelson and Nelson City Council (A1380525) be approved as the MoU for the 2016/17 year.

 

 

4.       Background

4.1       Uniquely Nelson is not a Council Controlled Organisation. It is an independent grouping of Central Business District businesses that exists to assist them to act collectively for the benefit of all.

4.2       Funding for Uniquely Nelson comes from the commercial differential paid by CBD businesses. A budget of $144,121 was approved in the Long Term Plan 2015/25 for Uniquely Nelson for the 2016/17 year.

4.3       In addition to the MoU, Uniquely Nelson provides Council with a business plan detailing its work programme for the year. It has been attached for information (Attachment 1).

4.4       Council previously signed a MoU with Uniquely Nelson in 2015 for the 2015/16 year (Attachment 2). It is a relatively simple document that sets out Council’s priorities for Uniquely Nelson. At that time it was felt that a one year extension was appropriate in order to allow for changes to be made once the review of Economic Development Services was completed.

5.       Discussion

5.1       The current MoU expires on 30 June 2016. It is good practice to have an agreement in place to cover the funding allocated in the LTP.

5.2       The Economic Development Services Review concluded that Uniquely Nelson should continue to operate as an independent entity, recognising that there needed to be good alignment, communication and co-operation with the new Economic Services delivery agency (now confirmed as the Nelson Regional Development Agency, NRDA).

5.3       The NRDA is in the process of recruiting a Chief Executive, who will work alongside the new Board to set the strategic direction and priorities of the organisation. Until this happens, it is recommended that the existing MoU be rolled over for a period of one year. That will then allow the MoU for 2017/18 and future years to be aligned with the NRDA priorities.

6.       Options

6.1       It is good practice for Council to have a MoU in place to cover its expectations in relation to Uniquely Nelson’s activities.

6.2       Council can either approve the current MoU (with or without changes) as the MoU for 2016/17 or request officers do further work on it prior to re-presenting it to Council.

6.3       Given that the MoU will be reviewed in a year’s time, it is recommended that the existing MoU be approved for the 2016/17 year.

7.       Alignment with relevant Council policy

7.1       This recommendation is consistent with Council policy, and the funding is consistent with that approved in the LTP.

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

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

9.       Consultation

9.1       No consultation has taken place whilst preparing this recommendation.

10.     Inclusion of Māori in the decision making process

10.1     Maori have not been consulted in preparing this recommendation.

 

Chris Ward

Group Manager Community Services

Attachments

Attachment 1:    A1547869 - Uniquely Nelson Business Plan 2016-17  

Attachment 2:    A1380525 - Memorandum of Understanding 2015-16 between Uniquely Nelson and Nelson City Council   

   



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


   


 

Minutes of a meeting of the Audit, Risk and Finance Subcommittee

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 10 May 2016, commencing at 11.09am

 

Present:               Mr J Murray (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker and B McGurk

In Attendance:     Councillors P Matheson and G Noonan, Chief Executive (C Hadley), Group Manager Corporate Services (N Harrison), Group Manager Infrastructure (A Louverdis), and Administration Adviser (E-J Ruthven)

Apology:              Mr John Peters

 

 

It was noted that a resolution was required to appoint a chairperson for the meeting.

 

Resolved AUD/2016/030

THAT Mr John Murray chair the Audit, Risk and Finance Subcommittee meeting of 10 May 2016.

Barker/Her Worship the Mayor                                              Carried

 

1.       Apologies

Resolved AUD/2016/031

THAT an apology be received and accepted from Mr John Peters.

Murray/Her Worship the Mayor                                             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       31 March 2016

Document number M1801, agenda pages 6 - 12 refer.

Resolved AUD/2016/032

THAT the minutes of the meeting of the Audit, Risk and Finance Subcommittee, held on 31 March 2016, be confirmed as a true and correct record.

McGurk/Her Worship the Mayor                                             Carried

6.       Status Report - Audit, Risk and Finance Committee - 10 May 2016

Document number R5861, agenda pages 13 - 14 refer.

Resolved AUD/2016/033

THAT the Status Report Audit, Risk and Finance Subcommittee 10 May 2016 (R5861) and its attachment (A1324298) be received.

Barker/McGurk                                                                     Carried

 

7.       Chairperson's Report   

 

There was no Chairperson’s Report.

8.       Council's Key Organisational Risks - Progress Report 2

Document number R5490, agenda pages 15 - 31 refer.

Group Manager Corporate Services, Nikki Harrison, and Manager Organisational Assurance and Emergency Management, Roger Ball,  presented the report.

In response to questions, Mr Ball explained how the magnitude of risks was calculated, and the next steps officers would be taking in this area.

Resolved AUD/2016/034

THAT the report Council's Key Organisational Risks - Progress Report 2 (R5490) and its attachment (A1519755) be received.

Barker/McGurk                                                                     Carried

9.       Balance Sheet reconciliation review

Document number R5505, agenda pages 32 - 38 refer.

Group Manager Corporate Services, Nikki Harrison, and Senior Accountant, Tracey Hughes, presented the report.  Ms Hughes explained that the risk column in the reconciliation table related to accounting classifications.

There was a discussion regarding the status of the loan to the Theatre Royal.  In response to questions, Ms Harrison noted this was an interest free loan, for which no repayments had been received to date, and Ms Hughes explained that the risk column in the table did not evaluate individual loans, but recognised all community loans as a risk.

Attendance:  the meeting adjourned from 11.36am to 11.40am.

It was noted that a report would be brought to the next subcommittee meeting regarding the status of the Theatre Royal loan. 

In response to further questions, Ms Hughes explained the references on the table relating to the loan to Rainbow Ski Field, reserve funds, a non-current suspensory loan, and holiday pay accrual.

Resolved AUD/2016/035

THAT the report Balance Sheet reconciliation review (R5505) and its attachment (A1540192) be received.

McGurk/Barker                                                                     Carried

10.     Audit, Risk and Finance subcommittee work plan

Document number R5654, agenda pages 39 - 41 refer.

Group Manager Corporate Services, Nikki Harrison, presented the report.  She said that the task list represented a three year work plan, but that items were only scheduled for meetings until the end of the triennium.

In response to questions, Ms Harrison gave updates relating to the tax governance framework, tax review, sensitive expenditure policy, procurement policy and conflicts of interest policy.  She confirmed there was a current conflicts of interest policy for officers, and said this would be brought to the next subcommittee meeting.

Resolved AUD/2016/036

THAT the report Audit, Risk and Finance subcommittee work plan (R5654) and its attachment (A1389278) be received;

Her Worship the Mayor/Barker                                              Carried

11.     Internal Audit Report to 31 March 2016

Document number R5793, agenda pages 42 - 48 refer.

Internal Audit Analyst, Lynn Anderson presented the report.  She said good progress had been made on a number of internal audits, but that completing them was taking longer than anticipated.  She added that there had been few significant findings.

In response to questions, Ms Anderson explained that issues noted as part of the cash handling internal audit were unlikely to be linked to banking controls.  She added that the initial audits had a stronger focus on best practice, rather than being compliance checking.

The subcommittee discussed the timeframe for internal audits, and a suggestion was made that the Senior Leadership Team consider resourcing constraints in the next Internal Audit Annual Plan.

Resolved AUD/2016/037

THAT the Internal Audit Report to 31 March 2016 (R5793) and its attachments (A1533053 and A1532989) be received.

Barker/McGurk                                                                     Carried

 

Recommendation to Governance Committee and Council AUD/2016/038

THAT Council note the internal audit findings, recommendations and status of action plans up to 31 March 2016 (R5793).

Barker/McGurk                                                                     Carried

 

12.     Corporate Report to 31 March 2016

Document number R5872, agenda pages 49 - 61 refer.

Senior Accountant, Tracey Hughes, presented the report.

In response to questions regarding operational expenditure, Ms Hughes said that the underspend would likely be outside the 5% variance, as there were several large items that were unlikely to attract full budgeted spend by the end of financial year.

In response to questions regarding capital expenditure, Mr Louverdis explained that many projects currently had work on-site, with invoices expected prior to the end of financial year.  He added that the KPI relating to completion of the capital programme should be met.

In response to further questions, Mr Louverdis gave updates relating to forestry, use of water for fire-fighting purposes, installation of membranes at the water treatment plant, and the Corder Park pump station, and Mrs Hadley explained the reasons for the delay in backpay for officers on individual employment agreements.

A question was raised about debtors.

Attendance:  The meeting adjourned from 12.29pm to 12.31pm, during which time Councillor Barker left the meeting.

It was noted that the four general debtors listed were being managed, and had appropriate repayment plans in place.

Attendance:  Councillor Barker returned to the meeting at 12.32pm.

There was a discussion regarding the transfer of budget in relation to the proposed Progressive Enterprises Limited private Plan Change, and Mrs Hadley explained the process and requirement for expert economic and traffic evidence.

Resolved AUD/2016/039

THAT the report Corporate Report to 31 March 2016 (R5872) and its attachments (A1544370 and A1544028) be received.

Her Worship the Mayor/McGurk                                             Carried

 

Recommendation to Governance Committee and Council AUD/2016/040

THAT the transfer of legal budget from the Corporate activity to the Planning activity in 2015/16 in order to obtain economic and traffic evidence for the submission to Tasman District Council on the proposed Progressive Enterprises Ltd Private Plan Change be noted.

Her Worship the Mayor/McGurk                                             Carried

 

       

 

 

There being no further business the meeting ended at 12.40pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                         Chairperson                                    Date

        


 

Minutes of a meeting of the Commercial Subcommittee

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 10 May 2016, commencing at 12.41pm

 

Present:               Mr J Murray (Chairperson), Her Worship the Mayor R Reese, and Councillor G Noonan

In Attendance:     Councillors I Barker, P Matheson, B McGurk, Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Corporate Services (N Harrison), and Administration Adviser (E-J Ruthven)

Apology:              Mr J Peters and Councillor L Acland.

 

 

1.       Apologies

Resolved COM/2016/011

THAT apologies be received and accepted from Mr John Peters and Councillor Luke Acland.

Noonan/Her Worship the Mayor                                            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       31 March 2016

Document number M1803, agenda pages 5 - 8 refer.

Resolved COM/2016/012

THAT the minutes of the meeting of the Commercial Subcommittee, held on 31 March 2016, be confirmed as a true and correct record.

Noonan/Murray                                                                     Carried

   

6.       Chairperson's Report     

          There was no Chairperson’s Report.  

 

7.       Exclusion of the Public

 

Resolved COM/2016/013

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

Commercial Subcommittee Meeting - Public Excluded Minutes -  31 March 2016

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.

2

Detailed property assessment: Industrial land in Stoke

 

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

3

Ridgeways Joint Venture Sections

 

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)

Her Worship the Mayor/Murray                                               Carried

The meeting went into public excluded session at 12.44pm and resumed in public session at 1.42pm, during which time the meeting adjourned for lunch from 12.44pm to 1.18pm.

8.       Re-admittance of the Public

Resolved COM/2016/014

THAT the public be re-admitted to the meeting.

Noonan/Murray                                                                     Carried

 

 

There being no further business the meeting ended at 1.42pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                         Chairperson                                    Date