Joint 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
|
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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
1.
|
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.
|
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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.
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