Minutes of a meeting of the Joint Shareholders Committee

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

On Tuesday 20 August 2019, commencing at 1.33p.m.

 

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

In Attendance:     Tasman District Council (TDC) Chief Executive (J Dowding) and Corporate Services Manager (M Drummond), Nelson City Council Chief Executive (P Dougherty), Group Manager Corporate Services (N Harrison) and Governance Adviser (E Stephenson)

 

Apologies :           Councillors P Canton and P Matheson

 

1        Apologies

Resolved JSC/2019/010

 

That the Joint Shareholders Committee

1.       Receives and accepts the apologies from Councillors Canton and Matheson.

 

Her Worship the Mayor/Ogilvie                                                          Carried

 

2.       Confirmation of Order of Business

3.       Interests

Councillor T King subsequently declared an interest in Public Excluded Agenda Item 2 - Port Nelson Limited Draft Statement of Corporate Intent, and Item 3 - Directors’ remuneration 2019 – Port Nelson Limited and Nelson Airport Limited and left the meeting for those items.

Councillor G Noonan subsequently declared an interest in Item 4 - Nelson Airport Ltd - Final Statement of Intent 2019-2020 and Public Excluded Agenda Item 5 - Directors' remuneration 2019 - Port Nelson Limited and Nelson Airport Limited and Item 5 - Nelson Airport Ltd Director Rotation and left the meeting for those items.

6.       Public Forum 

There was no public forum.

7.       Confirmation of Minutes

7.1       16 April 2019

Document number M4165, agenda pages 7 - 11 refer.

Resolved JSC/2019/011

 

That the Joint Shareholders Committee

1.     Confirms the minutes of the meeting of the Joint Shareholders Committee, held on 16 April 2019, as a true and correct record.

His Worship the Mayor of Tasman/Tuffnell                                         Carried

   

 

8.       Exclusion of the Public

Phil Lough, Chairperson,  Matt McDonald, Acting Chief Executive Officer and Daryl Wehner, Chief Financial Officer, Port Nelson Ltd, were in attendance for Item 2 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved JSC/2019/012

 

That the Joint Shareholders Committee

1.       Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Phil Lough, Chairperson,  Matt McDonald, Acting Chief Executive Officer and Daryl Wehner, Chief Financial Officer, Port Nelson Ltd, remain after the public has been excluded, for Item 2 of the Public Excluded agenda Port Nelson Limited Draft Statement of Corporate Intent 2019/22, as they have knowledge relating to the matter that will assist the meeting.

Barker/Bryant                                                                                   Carried

Resolved JSC/2019/013

 

That the Joint Shareholders Committee

1.       Excludes the public from the following parts of the proceedings of this meeting.

2.       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:

Barker/Bryant                                                                                   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 -  16 April 2019

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

Port Nelson Limited Draft Statement of Corporate Intent 2019/22

 

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

Directors' remuneration 2019 - Port Nelson Limited and Nelson Airport Limited

 

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

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

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

5

Nelson Airport Ltd Director Rotation

 

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

The meeting went into public excluded session at 1.36p.m. and resumed in public session at 2.28p.m.

 

Restatements

 

It was resolved while the public was excluded:

 

1

PUBLIC EXCLUDED: Port Nelson Limited Draft Statement of Corporate Intent 2019/22

 

        That the Joint Shareholders Committee

4.     Agrees that the decision and Port Nelson Limited Statement of Corporate Intent (A2218598) be released from public excluded business once negotiations are concluded and the Statement of Corporate Intent is finalised; and

5.     Agrees that Report Port Nelson Limited Draft Statement of Corporate Intent 2019/22 (R9970) be excluded from public release at this time.

 

 

2

PUBLIC EXCLUDED: Directors' remuneration 2019 - Port Nelson Limited and Nelson Airport Limited

 

        That the Joint Shareholders Committee

4.     Agrees that the report (R9960) and decisions be released from public excluded business once the 2019 Annual General Meetings have taken place.

 

 

3

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

 

        That the Joint Shareholders Committee

5.     Agrees that the report and decisions be released from public excluded business once the 2019 Tasman Bays Heritage Trust Annual General Meeting has taken place.

 

 

4

PUBLIC EXCLUDED: Nelson Airport Ltd Director Rotation

 

        That the Joint Shareholders Committee

3.     Agrees that the decision (JSC/2019/018) only be released from public excluded business once negotiations are concluded.

 

  

 

9.       Nelson Airport Ltd - Final Statement of Intent 2019-2020

Document number R10387, agenda pages 12 - 36 refer.

Councillor Noonan declared an interest in this item and left the meeting at 2.28p.m.

In response to a question regarding increasing sustainability, TDC Manager Corporate Services, Mike Drummond advised that as the committee had previously advised that there were no matters to address on the draft Statement of Intent (SOI), the next opportunity to address any concerns was in the next SOI.

Resolved JSC/2019/014

 

That the Joint Shareholders Committee

1.     Receives the report Nelson Airport Ltd - Final Statement of Intent 2019-2020 (A2233882) and its attachment (A2218625); and

2.     Notes the delivery of the Nelson Airport Limited final Statement of Intent 2019/20 (attachment A2233882) as required under the Local Government Act 2002; and

3.     Agrees to the final Nelson Airport Limited Statement of Intent.

 

Courtney/Tuffnell                                                                              Carried

       

 

There being no further business the meeting ended at 2.35p.m.

 

CONFIRMED AS A TRUE AND CORRECT RECORD BY THE MAYORS AND CHIEF EXECUTIVES OF NELSON CITY COUNCIL AND TASMAN DISTRICT COUNCIL UNDER NCC STANDING ORDER 26.4:

 

                                                         Mayor                                   Date

 

                                                         Chief Executive                     Date

 

                                                         Mayor                                   Date

 

                                                         Chief Executive                     Date