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AGENDA

Ordinary meeting of the

 

Joint Shareholders Committee

 

 

Tuesday 22 August 2017
Commencing at 1.30pm
Council Chamber

Civic House

110 Trafalgar Street, Nelson

 

Membership: Her Worship the Mayor of Nelson Rachel Reese (Chairperson), Nelson City Councillors Paul Matheson (Deputy Chairperson), Ian Barker, Mel Courtney, Gaile Noonan, and Tim Skinner, His Worship the Mayor of Tasman Richard Kempthorne (Chairperson), Tasman District Councillors Tim King (Deputy Chairperson), Stuart Bryant, Pete Canton, David Ogilvie and Trevor Tuffnell


Guidelines for councillors attending the meeting, who are not members of the Committee, as set out in Standing Order 12.1:

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

·      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

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-wideJoint Shareholders Committee

22 August 2017

 

 

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       11 April 2017                                                                           7 - 12

Document number M2493

Recommendation

That the Committee

Confirms the minutes of the meeting of the Joint Shareholders Committee, held on 11 April 2017, as a true and correct record.       

6.       Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust                                                          13 - 40

Document number R8057

Recommendation

That the Committee

Receives the report Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust (R8057) and its attachment (A1724081); and

Approves the draft Statement of Intent (A1724081) of the Tasman Bays Heritage Trust as the Final Statement of Intent for the 2017/18 year.

Confirms that the Trustees’ remuneration pool for the Tasman Bays Heritage Trust be increased by 1.3% (being the annual Consumer Price Index change to December 2016) to a maximum of $63,210 for the 2017/18 financial year.

       

Public Excluded Business

7.       Exclusion of the Public

Recommendation

That the Subcommittee/Committee/Council

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Phil Lough, Martin Byrne and Daryl Wehner remain after the public has been excluded, for Item 4 of the Public Excluded agenda (Port Nelson Limited draft Statement of Corporate Intent 2017/20), as they have knowledge that will assist the Council;

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that name and Phil Lough, Martin Byrne and Daryl Wehner possess relates to description.

Recommendation

That the Committee

Excludes the public 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 -  11 April 2017

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).

2

Port Nelson Limited draft Statement of Corporate Intent 2017/20

 

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

Port Nelson Limited Directors reappointments

 

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

4

Nelson Airport Limited - Statement of Intent 2017/18

 

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

5

Nelson Airport Limited Director reappointments

 

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

6

Directors remuneration 2017 - Port Nelson Ltd and Nelson Airport Ltd

 

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)

 

8.       Re-admittance of the public

Recommendation

That the Committee

Re-admits the public to the meeting.

 

 

  


 

Minutes of a meeting of the Joint Shareholders Committee

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

On Tuesday 11 April 2017, commencing at 1.32pm

 

Present:               Her Worship the Mayor of Nelson R Reese (Chairperson), Nelson City Councillors P Matheson (Deputy Chairperson), I Barker, M Courtney, G Noonan, and T Skinner, His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors S Bryant, PC Canton, D Ogilvie and T Tuffnell

In Attendance:     Nelson City Council: Councillor S Walker, Chief Executive (C Hadley), Group Manager Corporate Services (N Harrison), Administration Adviser (S Burgess)

                            Tasman District Council: Chief Executive (L McKenzie), Corporate Services Manager (M Drummond), Governance Services Officer (H Simpson)

Apologies:            Nelson City Councillor T Skinner and Tasman District Councillor P Canton for lateness

 

 

1.       Apologies

Resolved JSC/2017/001

That the Committee

Recieves and accepts apologies for lateness from Nelson City Councillor Skinner and Tasman District Councillor Canton.

Her Worship Mayor Reese/His Worship Mayor Kempthorne    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       29 November 2016

Document number M2228, agenda pages 6 - 7 refer.

Resolved JSC/2017/002

That the Committee

Confirms the minutes of the meeting of the Joint Shareholders Committee, held on 29 November 2016, as a true and correct record.

Tuffnell/Barker                                                                      Carried

      

6.       Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018

Document number R7426, agenda pages 8 - 62 refer.

Nelson City Council Group Manager Corporate Services, Nikki Harrison, presented the report with Tasman Bays Heritage Trust (TBHT) Chief Executive Lucinda Blackley-Jimson.

A suggestion was made that a contribution could be given to TBHT towards the replacement of the windows fronting on to Hardy and Trafalgar Streets. Ms Blackley-Jimson advised that the project would be accommodated within existing TBHT budgets.

Councillor Matheson, seconded by Councillor Courtney, moved the officer recommendation with an additional clause:

Contributes $15,000 to the Tasman Bays Heritage Trust towards replacing the windows fronting on to Hardy and Trafalgar Streets.

Attendance: Nelson City Councillor Skinner joined the meeting at 1.43pm.

Nelson City Council Chief Executive, Clare Hadley, advised that the motion on the table did not sit within Joint Shareholders Committee delegations. She recommended that the Committee seek support of the councils to consider the matter in annual planning processes.

Attendance: The meeting adjourned from 1.45pm to 1.47pm, during which time Tasman District Councillor Canton joined the meeting.

Committee members agreed that consideration of the contribution towards windows sat best within Nelson City Council annual planning processes.

The mover and seconder agreed to amend the motion to:

That the Committee

Receives the report Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018 (R7426) and its attachments (A1678158, A1724791, A1724801 and A1731694); and

Notes the delivery of the Tasman Bays Heritage Trust Draft Statement of Intent 2017/18 (A1724801) as required under the Local Government Act 2002;

Provides the following feedback to the Tasman Bays Heritage Trust Board on its draft Statement of Intent:

·      That Nelson City Council will seek to support replacement of windows fronting on to Hardy and Trafalgar Street by requesting its Council consider a $15,000 contribution in its deliberations on its draft Annual Plan 2017/18

·    Include specific milestones for delivery of the Strategic Review, including adoption and implementation of the Policy on Collections, Acquisitions and De-Accessions.

Tasman District Councillors abstained from voting on the first bullet point of clause three of the motion.

Resolved JSC/2017/003

That the Committee

Receives the report Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018 (R7426) and its attachments (A1678158, A1724791, A1724801 and A1731694); and

Notes the delivery of the Tasman Bays Heritage Trust Draft Statement of Intent 2017/18 (A1724801) as required under the Local Government Act 2002;

 

Provides the following feedback to the Tasman Bays Heritage Trust Board on its draft Statement of Intent:

·      That Nelson City Council will seek to support replacement of windows fronting on to Hardy and Trafalgar Street by requesting its Council consider a $15,000 contribution in its deliberations on its draft Annual Plan 2017/18

·    Include specific milestones for delivery of the Strategic Review, including adoption and implementation of the Policy on Collections, Acquisitions and De-Accessions.

Matheson/Courtney                                                               Carried

 

7.       Nelson Airport Ltd - Half Yearly Report (December 2016)

Document number R6980, agenda pages 71 - 91 refer

Tasman District Council Corporate Services Manager, Mike Drummond, Nelson Airport Chairperson, Paul Steere, and Nelson Airport Chief Executive, Rob Evans, presented the report.

Questions regarding trends, passenger numbers, timeframes, charges and parking were responded to.

Resolved JSC/2017/004

That the Committee

Receives the Nelson Airport Ltd - Half Yearly Report (December 2016) report (A1738334) and its attachment (A1738436).

Courtney/Canton                                                                  Carried

 

8.       Port Nelson Limited Half yearly report to 31 December 2016

Document number R6981, agenda pages 63 - 70 refer.

Nelson City Council Group Manager Corporate Services, Nikki Harrison, presented the report. She responded to questions regarding lost time injury, capital expenditure, and tax expense.

Resolved JSC/2017/005

That the Committee

Receives the report Port Nelson Limited Half yearly report to 31 December 2016 (R6981) and its attachment (A1701863).

Noonan/Ogilvie                                                                     Carried

   

9.       Exclusion of the Public

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

Resolved JSC/2017/006

That the Committee

Confirms, 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 Four of the Public Excluded agenda (Nelson Airport Ltd – draft Statement of Intent 2017/18), as they have knowledge that will assist the Council; and

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Paul Steere and Rob Evans possess relates to the Nelson Airport Ltd draft Statement of Intent 2017/18.

Matheson/His Worship Mayor Kempthorne                             Carried

Resolved JSC/2017/007

That the Committee

Excludes the public 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:

Matheson/His Worship Mayor Kempthorne                             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

Joint Shareholders Committee Meeting - Public Excluded Minutes -  29 November 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

Nelson Airport Ltd - Draft Statement of Intent 2017/18

 

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 2.08pm and resumed in public session at 3.00pm, during which time Nelson City Councillor Barker left the meeting.

10.     Re-admittance of the Public

Resolved JSC/2017/008

That the Committee

Re-admits the public to the meeting.

Her Worship Mayor Reese/His Worship Mayor Kempthorne    Carried

 

There being no further business the meeting ended at 3.01pm.

Confirmed as a correct record of proceedings:

                                                         Chairperson                                    Date

 


 

Joint Shareholders Committee

22 August 2017

 

 

REPORT R8057

Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust

     

 

1.       Purpose of Report

1.1       To receive and approve the Statement of Intent 2017/18 from Tasman Bays Heritage Trust (TBHT).

1.2       To consider the remuneration pool for TBHT Trustees.

 

 

2.       Recommendation

That the Committee

Receives the report Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust (R8057) and its attachment (A1724081); and

Approves the draft Statement of Intent (A1724081) of the Tasman Bays Heritage Trust as the Final Statement of Intent for the 2017/18 year.

Confirms that the Trustees’ remuneration pool for the Tasman Bays Heritage Trust be increased by 1.3% (being the annual Consumer Price Index change to December 2016) to a maximum of $63,210 for the 2017/18 financial year.

 

 

 

3.       Background

3.1       The Joint Shareholders Committee considered the draft Statement of Intent (SOI) from the Tasman Bays Heritage Trust (TBHT) at its meeting on 11 April 2017.

3.2       The Committee provided the following feedback to TBHT on its draft SOI 2017/18:

·    That Nelson City Council will seek to support replacement of windows fronting on to Hardy and Trafalgar Street by requesting its Council consider a $15,000 contribution in its deliberations on its draft Annual Plan 2017/18

·    Include specific milestones for delivery of the Strategic Review, including adoption and implementation of the Policy on Collections, Acquisitions and De-Accessions.

3.3       TBHT has addressed those matters in the revised SOI, which is attached (Attachment 1).  The final SOI was received within statutory timeframes.

3.4       The Committee must also signal any changes to the remuneration pool for Trustees.

4.       Discussion

4.1       TBHT has amended the draft Statement of Intent as requested by the Joint Shareholders Committee. Specific milestones are now included in the Performance Measures and Targets table on page 8 and 9 of the draft SOI. These include:

·   Project budgeted and fundraising targets identified by October 2017.

·   Project plan developed and presented to stakeholders for input by November 2017.

·   New Collections, Acquisitions and Deaccession Policy adopted by July 2017.

·   Recommendations regarding the Trust’s paper-based collection provided to stakeholders by December 2017.

·   Implement team satisfaction survey for staff and volunteers by December 2017.

4.2       It is also noted that the windows on Trafalgar Street have been replaced, with the ones on Hardy Street due to be replaced this month following the end of the Da Vinci exhibition.

4.3       In relation to the remuneration pool, it is recommended that the pool is increased by inflation. No increase was made to the pool last year, which was $62,400. The pool is split between 5 trustees and the chair.

5.       Options

5.1       The Committee can either approve the SOI as the final version or reject it.

5.2       If the Committee does not agree to the SOI then shareholders must take all practicable steps under Clause 5 of Schedule 8 of the Local Government Act to require the SOI to be modified. Given that the TBHT Board has complied with requests for further information from Council, this approach is not recommended.

 

Option 1: Agree to the SOI

Advantages

·   Gives clarity to the TBHT on direction for the 2017/18 year

Risks and Disadvantages

·   none

Option 2: Refuse to agree to the SOI’s

Advantages

·    allows the councils to set a different direction

Risks and Disadvantages

·    Lack of clarity for TBHT

·    Damage to relationships between Council and TBHT

5.3       In relation to Trustee Remuneration, option 2 is the preferred option.

Option 1: No CPI increase

Advantages

·   Small cost saving

Risks and Disadvantages

·   Remuneration levels fall in real terms

Option 2: Provide CPI increase

Advantages

·    Shows trustees are valued

Risks and Disadvantages

·    Small additional cost, although this has been budgeted for.

 

Chris Ward

Group Manager Community Services

Attachments

Attachment 1:    A1724081 - Tasman Bays Heritage Trust Final Statement of Intent 2017/18

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The preparation of a draft Statement of Intent and delivery of the half yearly report is a requirement of Schedule 8 of the Local Government Act.

2.   Consistency with Community Outcomes and Council Policy

TBHT contributes to the outcome ‘Our communities have opportunities to celebrate and explore their heritage, identity and creativity’ and  ‘Our communities have access to a range of social, educational and recreational facilities and activities’.

3.   Risk

There is a low risk that the Statement of Intent does not deliver the outcomes expected by the councils. Officers remain in dialogue with the Trust through the year to mitigate this risk.

4.   Financial impact

The operation of the Nelson Provincial Museum is a budgeted activity for the councils.

5.   Degree of significance and level of engagement

This matter is of low significance and no further consultation is proposed.

6.   Inclusion of Māori in the decision making process

Maori have not been specifically consulted on this matter. Iwi are represented on the TBHT Board.

7.   Delegations

The Joint Shareholders Committee has the responsibility for considering 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/trustees’ fees.

The Joint Shareholders Committee has the power to decide this matter.