AGENDA
Ordinary meeting of the
Joint Shareholders Committee
Tuesday 14 November 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 Ian Barker, Mel Courtney, Paul Matheson, Gaile Noonan, and Tim Skinner, His Worship the Mayor of Tasman Richard Kempthorne, Tasman District Councillors Tim King, 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.
Joint Shareholders Committee
14 November 2017
1.1 An apology has been received from Councillor King
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
Document number M2837
Recommendation
That the Joint Shareholders Committee
Confirms the minutes of the meeting of the Joint Shareholders Committee, held on 22 August 2017, as a true and correct record.
6. Port Nelson Limited Final Statement of Corporate Intent 2017/20 12 - 42
Document number R6985
Recommendation
Receives the report Port Nelson Limited Final Statement of Corporate Intent 2017/20 (R6985); and
Notes the delivery of the Port Nelson Ltd Statement of Corporate Intent 2017/20 (A1845342) as required under the Port Companies Act 1988; and
Confirms that the Port Nelson Ltd Statement of Corporate Intent 2017/20 meets shareholder expectations.
Public Excluded Business
Recommendation
That the Joint Shareholders 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:
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Joint Shareholders Committee Meeting - Public Excluded Minutes - 22 August 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)(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).
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2 |
Establishment of a Nelson Provincial Museum Working Group
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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 |
7. Re-admittance of the public
Recommendation
That the Joint Shareholders 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
On Tuesday 22 August 2017, commencing at 1.33pm
Present: His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors S Bryant and T Tuffnell, Her Worship the Mayor of Nelson (R Reese), Nelson City Councillors P Matheson, I Barker, M Courtney, G Noonan, and T Skinner
In Attendance: Tasman District Council: Councillor D McNamara, Chief Executive (L McKenzie), and Corporate Services Manager (M Drummond)
Nelson City Council: Councillor S Walker, Acting Chief Executive (D Hammond), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), and Governance Adviser (E-J Ruthven)
Apologies: Tasman District Councillors P Canton, T King, and D Ogilvie
1. Apologies
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Resolved JSC/2017/011 That the Committee Receives and accepts the apologies from Councillors Canton, King and Ogilvie. Tuffnell/Matheson Carried |
2. Confirmation of Order of Business
It was noted that items on the public excluded agenda would be taken in a different order than they appeared on the agenda.
It was further noted that the covering page of the agenda should be corrected to reflect that Mayor Kempthorne would chair the meeting, and there was no deputy chairpersons for the committee.
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 11 April 2017
Document number M2493, agenda pages 7 - 12 refer.
A correction was noted to the list of those present at the meeting, to remove the reference to Chairperson after Mayor Kempthorne, and to remove the reference to Deputy Chairperson after Councillor Matheson.
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Resolved JSC/2017/012 That the Committee Confirms the amended minutes of the meeting of the Committee, held on 11 April 2017, as a true and correct record. Her Worship the Mayor/Bryant Carried |
6. Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust
Document number R8057, agenda pages 13 - 40 refer.
Nelson City Council Group Manager Community Services, Chris Ward, presented the report and answered questions.
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Resolved JSC/2017/013 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; and
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. Barker/Courtney Carried |
7. Exclusion of the Public
It was noted that representatives of Nelson Airport and Port Nelson would be in attendance for items on the public excluded agenda and, accordingly, the following resolution was required to be passed:
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Resolved JSC/2017/014 Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that: · 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; and · Paul Steere, Rob Evans and Simon Orr remain after the public has been excluded, for Item 6 of the Public Excluded agenda (Nelson Airport Limited - 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 · Phil Lough, Martin Byrne and Daryl Wehner possess relates to the Port Nelson draft Statement of Corporate Intent 2017/20; and · Paul Steere, Rob Evans and Simon Orr possess relates to the Nelson Airport Limited Statement of Intent 2017/18.
Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
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Resolved JSC/2017/015 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: Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
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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). |
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2 |
Port Nelson Limited draft Statement of Corporate Intent 2017/20
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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) |
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3 |
Port Nelson Limited Directors reappointments
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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 |
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4 |
Nelson Airport Limited - Statement of Intent 2017/18
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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 |
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5 |
Nelson Airport Limited Director reappointments
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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 |
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6 |
Directors remuneration 2017 - Port Nelson Ltd and Nelson Airport Ltd
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into public excluded session at 1.47pm and resumed in public session at 3.28pm.
8. Re-admittance of the Public
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Resolved JSC/2017/016 That the Committee Re-admits the public to the meeting. Noonan/Tuffnell Carried |
There being no further business the meeting ended at 3.28pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
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Joint Shareholders Committee 14 November 2017 |
REPORT R6985
Port Nelson Limited Final Statement of Corporate Intent 2017/20
1. Purpose of Report
1.1 To receive the Port Nelson Limited final Statement of Corporate Intent 2017/20.
2. Recommendation
It is recommended that the Committee
3. Background
3.1 Under the Port Companies Act, Port Nelson Limited is required to complete a Statement of Corporate Intent (SCI) on an annual basis no later than 1 August each year. This requirement has been met. Shareholders have until 1 September to consider the SCI and provide comments to the company. After considering those comments the company has until 1 October to deliver the final SCI to the Shareholders.
3.2 The timeline is different to other council controlled organisations which are covered by the Local Government Act. The minimum contents of the SCI, as required by the Port Companies Act, are a subset of those required under the Local Government Act.
3.3 In order to assist the Company, the councils jointly issue a Letter of Expectation which sets out the councils’ expectations in regard to the content and performance measures in the Company’s SCI.
3.4 The draft SCI was considered at the 22 August 2017 Joint Shareholders Committee meeting and the following resolution was passed:
Notes the delivery of the Port Nelson Limited draft Statement of Corporate Intent 2017/20 as required under the Port Companies Act 1988; and
Provides the following feedback to the Port Nelson Limited Board on the draft Statement of Corporate Intent 2017/20:
The councils would like to see a consolidated view of risk management in the final Statement of Corporate Intent.
3.5 The final SCI is included as Attachment 1.
4. Discussion
4.1 The Board have included an additional section on Risk Management on page 10 of the final SCI. This outlines the company’s approach to risk management and the key risk areas.
4.2 While brief, officers believe that the addition of this section addresses the concerns raised by the committee. Given the timeframe (already over 4 months through the financial year being considered), it would be preferable to work with the Port to ensure the reporting is expanded through the 2018/21 Statement of Corporate Intent.
5. Options
5.1 Accept the final Statement of Corporate Intent 2017/20 as presented.
5.2 Decline to accept the final Statement of Corporate Intent 2017/20. If the Committee does not agree to the SCI then shareholders would have to use the provisions of Section 11 (2) of the Port Companies Act 1988 to require the SCI to be modified. This approach is not recommended.
6. Conclusion
6.1 The Port Nelson Limited Statement of Corporate Intent has been received.
Nikki Harrison
Group Manager Corporate Services
Attachments
Attachment 1: A1845342 - Port Nelson Ltd - Final Statement of Corporate Intent 2017/20 ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The preparation and delivery of a Statement of Corporate Intent is a requirement under Section 8-10 of the Port Companies Act 1988. |
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2. Consistency with Community Outcomes and Council Policy The recommendation supports the Community Outcome that “our infrastructure is efficient, cost-effective and meets current and future needs”. |
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3. Risk There is relatively low risk to Council of accepting the final Statement of Corporate Intent as it does not propose any substantial change to previous Statements of Corporate Intent. |
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4. Financial impact The projected dividend payout to the shareholders is higher than the 2016/19 Statement of Corporate Intent estimate. |
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5. Degree of significance and level of engagement This matter is of low significance. Therefore no engagement has been undertaken. |
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6. Inclusion of Māori in the decision making process Māori have not been consulted in preparing this report. |
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7. Delegations The Joint Shareholders Committee has the responsibility for considering and deciding on all matters relating to jointly owned Council Controlled Organisations and Council Controlled Trading Organisations, including statements of intent, statements of corporate intent, half yearly reports, the appointment of directors and setting of directors’ fees. |
