Notice of the ordinary meeting of the

Governance and Finance Committee

Kōmiti Mana Ārahi, Ahumoni Hoki Date:		Thursday 27 August 2020
Time:		10.00a.m.
Location:		Council Chamber, Civic House
			110 Trafalgar Street
			Nelson

Agenda

Rārangi take

Chair                 Cr Rachel Sanson

Deputy Chair   Cr Gaile Noonan

Members          Her Worship the Mayor Rachel Reese

                         Cr Yvonne Bowater

                         Cr Trudie Brand

                         Cr Mel Courtney

                         Cr Kate Fulton

                         Cr Judene Edgar

Cr Matt Lawrey

Cr Brian McGurk

Cr Rohan O’Neill-Stevens

                         Cr Pete Rainey

                         Cr Tim Skinner

John Murray

John Peters

Pat Dougherty

Chief Executive

Quorum: 2

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.

Governance and Finance Committee - Delegations

Areas of Responsibility:

·              Business, economic development and tourism in Nelson

·              Bylaws, within the areas of responsibility

·              Communications and Engagement Strategy

·              Events Strategy

·              Oversight of Forestry matters

·              Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

·              Council’s financial performance

·              Oversight of Audit and Risk Subcommittee matters

·              Property matters, including the management, monitoring of and maximisation of Council’s property portfolio

·              Rating systems and policies

·              Residents’ Survey

Delegations:

The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies. 

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

·              Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

·              Developing, approving, monitoring and reviewing policies and plans, including activity management plans and the Financial Strategy

·              Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

·              Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes

·              Approving submissions to external bodies or organisations, and on legislation and regulatory proposals

Powers to Recommend to Council:

In the following situations the committee may consider matters within the areas of responsibility but make recommendations to Council only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations Register):

·              Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

·              The purchase or disposal of land or property relating to the areas of responsibility, other than in accordance with the Long Term Plan or Annual Plan

·              Unbudgeted expenditure relating to the areas of responsibility, not included in the Long Term Plan or Annual Plan

·              Decisions regarding significant assets


Governance and Finance Committee

27 August 2020

 

 

Page No.

            Karakia Timatanga

 

1.       Apologies

1.1       An apology has been received from Councillor Fulton

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 May 2020                                                                              2 - 2

Document number M9874

Recommendation

That the Governance and Finance Committee

1.     Confirms the minutes of the meeting of the Governance and Finance Committee, held on 21 May 2020, as a true and correct record.

    

6.       Recommendations from Committees                  

6.1     Audit and Risk Subcommittee - 21 May 2020

6.1.1    Draft Internal Audit Plan for year to 30 June 2021

 

That the Governance and Finance Committee

1.     Approves the Draft Annual Internal Audit Plan for the year to 30 June 2021 (A2357411).

 

 

6.2     Audit and Risk Subcommittee - 11 August 2020

6.2.1    Bad Debt Writeoff - Year Ending 30 June 2020

 

That the Governance and Finance

1.     Approves the balance of $20,462.37 excluding GST owing by Concrete & Metals Ltd be written off as at 30 June 2020.

 

7.       Chairperson's Report                                    2 - 2

Document number R18125

Recommendation

That the Governance and Finance Committee

1.     Receives the report Chairperson's Report (R18125).

 

 

8.       Nelson Regional Development Agency Statement of Intent 2020/21                       2 - 2

Document number R18169

Recommendation

That the Governance and Finance Committee

1.     Receives the report Nelson Regional Development Agency Statement of Intent 2020/21
 (R18169) and its attachment (A2434416); and

2.     Agrees that the Nelson Regional Development Agency Statement of Intent 2020/21 meets Council’s expectations and is approved as the final Statement of Intent for 2020/21.

 

 

9.       Carry Forwards 2019/20                              2 - 2

Document number R18189

Recommendation

That the Governance and Finance Committee

1.     Receives the report Carry Forwards 2019/20 (R18189) and its attachment (A2436022).

 

 

Recommendation to Council

That the Council

1.     Approves the carry forward of $1.3 million unspent capital budget for use in 2020/21; and

2.     Notes that this is in addition to the carry forward of $7.8 million approved during the 2020/21 Annual Plan, taking the total carry forward to $9.1 million; and

3.     Approves the carry forward of $73,000 unspent capital budget to future years, for consideration in the Long Term Plan 2021-31; and

4.     Notes total savings and reallocations in 2019/20 capital expenditure of $1.0 million including staff time; and

5.     Notes that the total 2020/21 capital budget (including staff costs and excluding consolidations and vested assets) will be adjusted by these resolutions from a total of $57.1 million to a total of $58.4 million; and

6.     Approves the carry forward of $122,000 unspent operating budget for use in 2020/21.

 

 

10.     Governance and Finance Committee End of Year Report to 30 June 2020                                2 - 2

Document number R18178

Recommendation

That the Governance and Finance Committee

1.     Receives the report Governance and Finance Committee End of Year Report to 30 June 2020 (R18178) and its attachments (A2434210, A2429786, A2429702, A2429514, and A2445782);

 

 


 

11.     Bishop Suter Trust - Adoption of Final Statement of Intent                                      2 - 2

Document number R18092

Recommendation

That the Governance and Finance Committee

1.     Receives the report Bishop Suter Trust - Adoption of Final Statement of Intent (R18092) and its attachments (A2315613 and A2351670); and

2.     Notes the delivery of the Bishop Suter Trust’s final Statement of Intent 2020/25 as required under the Local Government Act 2002; and

3.     Approves the final Statement of Intent of the Bishop Suter Trust for 1 July 2020 to 30 June 2025.

 

       

CONFIDENTIAL Business

12.     Exclusion of the Public

Recommendation

That the Governance and Finance Committee

Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that representatives of the Bishop Suter Trust remain after the public has been excluded, for Item 2 of the Confidential agenda (The Bishop Suter Trust - Trustee Rotation and Remuneration), as they have knowledge relating to that matter that will assist the meeting.

 

Recommendation

That the Governance and Finance 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: 

 

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 and Finance Committee Meeting - Public Excluded Minutes -  21 May 2020

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)

2

The Bishop Suter Trust - Trustee Rotation and 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(i)

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

3

Director reappointment for 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

4

Director reappointment for Port Nelson 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

5

Nelmac Limited final Statement of Intent 2020/21

 

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)

6

Directors remuneration 2020 - Nelmac 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)

 

   Karakia Whakamutunga


Governance and Finance Committee Minutes - 21 May 2020

 

Minutes of a meeting of the Governance and Finance Committee

Held via Audio-Visual (Zoom)

On Thursday 21 May 2020, commencing at 9.04a.m.

 

Present:               Councillor R Sanson (Chairperson), Her Worship the Mayor R Reese, Councillors Y Bowater, T Brand, M Courtney, J Edgar, K Fulton, M Lawrey, B McGurk, G Noonan, R O'Neill-Stevens, P Rainey, and T Skinner, and Mr J Murray and Mr J Peters

In Attendance:     Chief Executive (P Dougherty, Group Manager Environmental Management (C Barton), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)

Apologies :           Nil

 

Karakia Timatanga

 

          The Chairperson gave the opening karakia.

 

1.       Apologies

 

          There were no apologies.

2.       Confirmation of Order of Business

The Chairperson advised that the Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations report would be considered as the last item in the open agenda.

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       27 February 2020

Document number M6721, agenda pages 9 - 13 refer.

Resolved GF/2020/009

 

That the Governance and Finance Committee

1.     Confirms the minutes of the meeting of the Governance and Finance Committee, held on 27 February 2020, as a true and correct record.

O'Neill-Stevens/Bowater                                                                   Carried

  

 

6        Chairperson's Report

The Chairperson presented her report (A2387481), which had been distributed previously.

Resolved GF/2020/010

 

That the Governance and Finance Committee

1.     Receives the Chairperson’s Report (A2387481) .

 

Lawrey/McGurk                                                                                Carried

 

Attachments

1    A2387481 - Governance and Finance Committee Chairperson's Report 21 May 2020

 

 

7.       Nelson Centre of Musical Arts - Strategic Presentation

Roger Taylor, Trust Board Chairperson, Jan Trayes, Trustee, and James Donaldson, Director, of the Nelson Centre of Musical Arts provided a PowerPoint presentation and answered questions regarding staff morale, project-based funding, online teaching and events and the date of the Centre’s AGM.

Her Worship the Mayor said she would arrange for Council’s Communications team to contact the Centre to help them make connections.

 

 

 

Attachments

1    A 2389140 - Nelson Centre of Musical Arts PowerPoint Presentation

 

7.       Bishop Suter Trust - Strategic Presentation

Julie Catchpole, Suter Director, accompanied by Jeff Morris, Suter Commercial Manager, and representatives of the Bishop Suter Trust gave a strategic presentation on the Bishop Suter Trust. They noted that much had changed from its six monthly review because of the impact of COVID-19. The Trust’s collection was developing and they were hoping to make it available online and play their part to rebuild the economy.

8.       The Bishop Suter Trust Half Year Performance Report to 31 December 2019 and Draft Statement of Intent 2020/2025

Document number R15859, agenda pages 165 - 220 refer.

Julie Catchpole, Suter Director, accompanied by Jeff Morris, Suter Commercial Manager, and representatives of the Bishop Suter Trust answered questions regarding conversations with staff on the Community Arts Hub; access to the government subsidy and other funding; budget reforecasting; the number of days the Museum was open for; opportunities to build local visitor numbers and measuring carbon emissions and reduction.

Councillor Noonan, seconded by Councillor Edgar moved the officer’s recommendation.

 

That the Governance and Finance Committee

1.     Receives the report The Bishop Suter Trust Half Year Performance Report to 31 December 2019 and Draft Statement of Intent 2020/2025 (R15859) and its attachments (A2351668, A2351670 and A2315613); and

2.     Notes the delivery of the Bishop Suter Trust draft Statement of Intent 2020/2025 (A23501670) as required under the Local Government Act 2002; and

3.     Provides the following comments and feedback to the Bishop Suter Trust:

a) that the Draft Statement of Intent    meets the Committee’s expectations; or

a) requests the Board considers …

 

Noonan/Edgar

 

Discussion took place on the Committee’s feedback on the Statement of Intent and it was agreed that Council’s expectations should be more clearly addressed and a timeline around measurement of carbon emissions and reduction be included in the Statement of Intent. The motion was amended with the agreement of the mover and seconder.

Acting Group Manager Community Services, Mark Preston-Thomas, was asked to give the following feedback to the Trust:

·    There was a lack of information relating to governance succession

·    A request for confirmation that staff were paid the living wage

·    The cost of solar panel installation and additional funding required.

Resolved GF/2020/011

 

That the Governance and Finance Committee

1.     Receives the report The Bishop Suter Trust Half Year Performance Report to 31 December 2019 and Draft Statement of Intent 2020/2025 (R15859) and its attachments (A2351668, A2351670 and A2315613); and

2.     Notes the delivery of the Bishop Suter Trust draft Statement of Intent 2020/2025 (A23501670) as required under the Local Government Act 2002; and

3.     Provides the following comments and feedback to the Bishop Suter Trust:

a) requests the Board better reflects the Statement of Expectation and considers including a timeline around measurement of carbon emissions and reduction in the Statement of Intent.

 

Noonan/Edgar                                                                                   Carried

 

The meeting was adjourned from 10.31a.m. until 10.35a.m. at which time Her Worship the Mayor left the meeting.

 

Her Worship the Mayor returned to the meeting at 10.39a.m.


 

9.       The Bishop Suter Trust - COVID-19

Document number R17021, agenda pages 221 - 224 refer.

Following discussion, Acting Group Manager Community Services, Mark Preston-Thomas, confirmed that revised financials would be provided for the final Statement of Intent 2020/25.

Resolved GF/2020/012

 

That the Governance and Finance Committee

1.     Receives the report The Bishop Suter Trust - COVID-19 (R17021) and its attachment (A2381965).

 

Fulton/Rainey                                                                                   Carried

 

10.     COVID-19 Update Report - Impacts on Governance and Finance Activities

Document number R16982, agenda pages 225 - 228 refer.

Her Worship the Mayor commented on the lack of financial reporting in the agenda and suggested establishing a regular update briefing for all Elected Members. She noted that informal discussions had been taking place with the Chair and Deputy Chair of the Audit and Risk Subcommittee and felt it would be useful to continue with those and then from that, establish a briefing paper on issues to allow ongoing governance monitoring and oversight.

It was noted that more information on events funding and rates income would be useful before Annual Plan Deliberations.

Resolved GF/2020/013

 

That the Governance and Finance Committee

1.     Receives the report COVID-19 Update Report - Impacts on Governance and Finance Activities (R16982).

 

McGurk/O'Neill-Stevens                                                                    Carried

 


 

 

11.     Policy review: Appointments of directors/trustees to Council's Council Controlled Organisations and Council Controlled Trading Organisations

Document number R14809, agenda pages 229 - 242 refer.

Group Manager Corporate Services, Nikki Harrison, presented the report.

Discussion took place on best practice and conflicts of interest relating to the appointment of Elected Members to boards and Her Worship the Mayor provided background on the issue.

The recommendation was moved by Councillor Rainey and seconded by Councillor Courtney.

 

That the Governance and Finance Committee

1.     Receives the report Policy review: Appointments of directors/trustees to Council's Council Controlled Organisations and Council Controlled Trading Organisations (R14809) and its attachments (A284857) and (A2354796); and

2.     Confirms the current policy for Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (A284857).

 

Rainey/Courtney

Further discussion took place regarding the ability to appoint the best person for the role, reputational risk, public perception and checks and balances in the recruitment process. The value of alignment between Nelson City Council and Tasman District Council (TDC) appointment policies was highlighted, noting the discussion at a recent Joint Shareholders Committee meeting and a wider review of the policy was suggested. Views for and against the motion were expressed and discussion took place on the options.

An amendment to the motion was indicated and the meeting was adjourned from 11.30a.m. until 11.43a.m. to allow an amendment to be crafted.

Her Worship the Mayor reiterated the need for alignment in both Councils’ policies to allow both Councils to appoint to Port Nelson Ltd and the Nelson Airport Ltd and the value of a wider review, which may highlight different changes to those proposed. It was confirmed that the previous policy would remain in place if no decision was made and the Mayor moved a motion, seconded by Councillor Edgar, to leave the matter to lie on the table.

Item of business to lie on the table

 GF/2020/014

 

That the Governance and Finance Committee

1.     Leaves the item Policy review: Appointments of directors/trustees to Council's Council Controlled Organisations and Council Controlled Trading Organisations to lie on the table and not be further discussed at this meeting.

Her Worship the Mayor/Edgar

 

The motion was put and a division was called:

For

Her Worship the Mayor Reese

Mr Murray

Mr Peters

Cr Bowater

Cr Brand

Cr Edgar

Cr Fulton

Cr McGurk

Cr Noonan

Against

Cr Lawrey

Cr O'Neill-Stevens

Cr Rainey

Cr Sanson (Chairperson)

Cr Skinner

Abstained

Cr Courtney

 

The motion was carried 9 - 5.

 

12.     Nelmac Limited Half yearly report to 31 December 2019

Document number R14845, agenda pages 243 - 251 refer.

Resolved GF/2020/015

 

That the Governance and Finance Committee

1.  Receives the report Nelmac Limited Half yearly report to 31 December 2019 (R14845) and its attachment (A2352112).

 

O'Neill-Stevens/Skinner                                                                    Carried

       


 

13.     Nelson Regional Development Agency - half yearly report to 31 December 2019 (Agenda Item 7)

Document number R15887, agenda pages 14 - 29 refer.

Resolved GF/2020/016

 

That the Governance and Finance Committee

1.     Receives the report Nelson Regional Development Agency - half yearly report to 31 December 2019 (R15887) and its attachments (A2355510, A2359751).

 

Edgar/Bowater                                                                                  Carried

 

14.     Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations (Agenda Item 8)

Document number R13760, agenda pages 30 - 164 refer.

The meeting was adjourned from 12.06p.m. to 12.11p.m.

Meg Matthews, Nelson Regional Development Agency (NRDA) Chairperson, and Mark Rawson, NRDA CEO, were present for this item.

Manager Strategy, Mark Tregurtha, presented the report, noting that a review of the NRDA that had been undertaken as part of the Annual Plan, had made a number of recommendations and that as a result of COVID-19 there may be changes to its work programme. The review did not detect any major deficiencies, although it said the current Statement of Expectation could be more focused and it highlighted the importance of working with key partners Tasman District Council and iwi.

Ms Matthews and Mr Rawson answered questions regarding key recommendations in the report, noting that Project Kōkiri would bridge the gap in strategic alignment via a planned annual programme of workshops and that the COVID-19 emergency had meant rescheduling of the workshops. Discussion took place regarding the wisdom of having Statement of Expectation discussions prior to discussion with key partners.

It was clarified that there were no penalties for not meeting statutory Statement of Intent timeframes and the need for alignment, flexibility and responsiveness and a sustainable funding horizon was reiterated, together with the seriousness of the economic impact of COVID-19, with the NRDA needing to be well positioned for the new reality. The importance of alignment and doing the best job for both councils was reiterated, together with the challenges facing the NRDA and the region.

There was further discussion and questions regarding the NRDA’s budget shortfall, sustainability, capacity to facilitate delivery, other funding avenues, the shift from response to longer term recovery and the key areas of Project Kōkiri.

 

 

15.     Exclusion of the Public

Rob Gunn, Nelmac Ltd Chair, and Jane Sheard, Nelmac Ltd CEO, were in attendance for Items 2 and 3 (Nelmac six monthly strategic presentation and Nelmac Limited draft Statement of Intent 2020/21) and Meg Matthews, Nelson Regional Development Agency Chair and Mark Lawson Nelson Regional Development Agency CEO, for Item 8 (Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations) of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved GF/2020/017

 

That the Governance and Finance Committee

1.     Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Rob Gunn, Nelmac Ltd Chair, and Jane Sheard, Nelmac Ltd CEO, remain after the public has been excluded, for Items 2 and 3 of the Confidential agenda (Nelmac six monthly strategic presentation and Nelmac Limited draft Statement of Intent 2020/21) and for Meg Matthews, Nelson Regional Development Agency Chair and Mark Lawson Nelson Regional Development Agency CEO, for Item 8 (Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations), as they have knowledge relating to those matters that will assist the meeting.

Bowater/O'Neill-Stevens                                                                   Carried

Resolved GF/2020/018

 

That the Governance and Finance 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:

Bowater/O'Neill-Stevens                                                                   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 and Finance Committee Meeting - Public Excluded Minutes -  27 February 2020

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

2

Nelmac six monthly strategic presentation

 

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

Nelmac Limited draft Statement of Intent 2020/21

 

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

Nelson Centre of Musical Arts - Appointment of Trustees

 

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    

8

Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations

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

 

The meeting went into confidential session at 1.22p.m. and resumed in public session at 3.59p.m.

Following questions and discussion in the confidential section of the meeting, the Committee made the following decision in open meeting.

8.         Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations

Item of business to lie on the table

Resolved GF/2020/024

 

That the Governance and Finance Committee

1.     Leaves the item Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations to lie on the table and not be further discussed at this meeting.

Edgar/Brand                                                                                     Carried

 

Karakia Whakamutunga

The Chairperson gave the closing karakia.


 

 

Restatements

 

It was resolved while the public was excluded:

 

Extension of Meeting Time

 

That the Governance and Finance Committee

1.     Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

 

 

 

3

PUBLIC EXCLUDED: Nelson Centre of Musical Arts - Appointment of Trustees

 

That the Governance and Finance Committee

4.     Agrees that the decisions only be made publicly available, once the Trustees have been notified; and

5.     Agrees that Report (R9958) and Attachment A2358179 remain confidential at this time.

 

  

 

There being no further business the meeting ended at 4.03p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                         Chairperson                                    Date

        

 


 

Item 7: Chairperson's Report

 

 

Governance and Finance Committee

27 August 2020

 

 

REPORT R18125

Chairperson's Report

     

 

1.             Purpose of Report

1.1           In accordance with 5.2.2 of Council’s Delegations Register, to report back to the Committee on a matter within its areas of responsibility, that was considered directly by Council, at its 30 June 2020 meeting. This is for information only.

1.2           To update the Committee on matters relating to its areas of responsibility.

 

 

 

2.       Recommendation

 

That the Governance and Finance Committee

1.     Receives the report Chairperson's Report (R18125).

 

 

3.       Background

       Matter considered by Council

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

3.2       However, because of timing, the matter was considered by Council, in accordance with the Delegations Register, as below:

5.2.2 On the recommendation of the Chief Executive, and with the agreement of the Chair of the relevant committee, subcommittee or subordinate decision-making body and Mayor, matters within the area of responsibility of a particular committee, subcommittee or subordinate decision-making body may be considered directly by Council instead.  If this occurs, the Chair of the relevant committee, subcommittee or subordinate decision-making body will report to the following meeting of the committee, subcommittee or subordinate decision-making body regarding the reason for doing so, and the outcome of the matter at the Council meeting.

3.3       The 30 June 2020 Council meeting resolved:

           Resolved CL/2020/098

        That the Council

1.     Receives the report Contract for Services between Nelson City Council and Uniquely Nelson (R10407) and its attachments (A2181631 and A2247471); and

2.     Agrees to a change to a contract for services for the contractual relationship between Council and Uniquely Nelson; and

3.     Notes that the existing Memorandum of Understanding between Council and Uniquely Nelson will cease to apply from the date that the new contract is signed.

   Edgar/Bowater                                                         Carried

       Matters relating to the Committee’s areas of responsibility

3.4       The agenda reports cover Governance and Finance activities in some detail, so this is just to give you a snapshot and some personal insights.

            Quarter Four Focus

3.5       Through May/June we were working on the COVID-19 Annual Plan, adopting this in July with zero rates increase.

3.6       Interim monthly financial reporting has been initiated through the Audit and Risk Committee to support governance oversight of financial matters during this COVID-19 period.

3.7       Project Kōkiri was launched - a dynamic economic recovery plan for our region - and a significant collaboration between Iwi, both councils, Nelson Regional Development Agency (NRDA), Nelson Tasman Chamber of Commerce, locally-based Government agencies and businesses. This culminated in NRDA receiving government funding to support this crucial work. https://projectkokiri.nz/

3.8       Nelson Airport won the Nelson & Marlborough Architecture Award in the Commercial category - wonderful recognition of a spectacular building showcasing locally-sourced sustainable building materials - and an exceptional team of local people who brought the designs of Studio Pacific Architecture to life. Congratulations to all involved.

3.9       Through the Annual Plan, Council committed to adopting a revised Procurement Policy that considers Broader Outcomes in line with government policy recommendations. https://www.procurement.govt.nz/broader-outcomes/

3.10     The CEO, Deputy Mayor, Cr Fulton and I attended a Social Procurement workshop hosted by Social Impact Nelson Tasman, aimed at helping the private and public sector understand how procurement decisions can have a positive impact and support better outcomes for the community.

3.11     A notable example of this, is that OCS cleaning staff working to maintain council facilities all across the city - working days/nights/weekends - are now assured a living wage.

3.12     Council is reviewing its exotic and indigenous forests, parks and reserves to identify whether there are areas that may be eligible for inclusion in the Emissions Trading Scheme. If eligible, carbon credits earned from publicly owned forests and reserves could be used to partially offset the significant landfill emissions liability incurred each year.

            Personal Insights

3.13     As we approach the end of the first year around the Nelson City Council decision-making table (for a few of us), I have been reflecting on the role so far.

3.14     One of the key things that stands out for me is the passion and commitment of everyone around this table and each person working within this organisation - these are good people - absolutely committed to working for our community. And working hard they have been, all through the lockdown, and many without time off since mid-March. I would like to take a moment to acknowledge all the staff at Nelson City Council, and elected members, and thank you for all you are doing to support the smooth running of our city and the wellbeing of our community - ngā mihi maioha.

3.15     For some months, when people have asked me how the role of councillor is going, I have simply said “interesting, a bit tough”. But in recent weeks, after seeking guidance from the incredibly experienced Local Government NZ team, I have a greater understanding of the role - of being elected by many to serve all of the community - and a renewed sense of purpose.

3.16     We often talk about needing to bring the community along with us on the journey. Now more than ever, this is crucial. As a community we are facing economic impacts from COVID-19, long-term systemic inequality, significant degradation of our natural environments and biodiversity loss. In coming years, we will need to be adaptable and responsive to the impacts from climate change. For our community to be strong, resilient and to thrive in the face of these challenges, I believe we need to have a high level of trust and confidence in the community’s relationship with local government - we need to be doing all we can to strengthen this.

3.17     He waka eke noa – we are all in this together.

 

 

Author:           Rachel Sanson, Chairperson

Attachments

Nil  


 

Item 8: Nelson Regional Development Agency Statement of Intent 2020/21

 

Governance and Finance Committee

27 August 2020

 

 

REPORT R18169

Nelson Regional Development Agency Statement of Intent 2020/21

     

 

1.       Purpose of Report

1.1       To seek Council approval of the Nelson Regional Development Agency (NRDA) Statement of Intent 2020/21.

2.       Summary

2.1       The 2020/21 Statement of Intent (SOI) has been developed within the context of the economic impact of the COVID-19 pandemic.  A collaborative economic recovery and regeneration plan ‘Project Kōkiri’ has been developed between Nelson City Council (NCC) and Tasman District Council (TDC) councils, the NRDA, the Chamber of Commerce, iwi and other key public and private stakeholders.  The work programme and funding of the SOI reflects the priorities that have been agreed under Project Kōkiri.

2.2       An independent review of NRDA operations identified that there is a need for improved alignment and communication between councils and NRDA regarding economic development objectives for the region and the value that NRDA delivers.  The review also recommended that steps be taken to secure NRDA’s financial sustainability.  This work will be prioritised in the lead up to the next Statement of Expectation and Statement of Intent.

 

3.       Recommendation

 

That the Governance and Finance Committee

1.     Receives the report Nelson Regional Development Agency Statement of Intent 2020/21 (R18169) and its attachment (A2434416); and

2.     Agrees that the Nelson Regional Development Agency Statement of Intent 2020/21 meets Council’s expectations and is approved as the final Statement of Intent for 2020/21.

 

 

 

4.       Background

4.1       The NRDA, along with the other Council Controlled Organisations (CCO), must submit a draft Statement of Intent indicating its proposed activities for the following year.  Schedule 8 of the Local Government Act outlines the purpose of a SOI, what is to be included and how it is to be approved. The draft SOI 2020/21 prepared by the NRDA, in collaboration with NCC, is attached (Attachment 1).  The SOI, as supplied by the NRDA, is compliant.

4.2       The NRDA Chair Meg Matthews, and Chief Executive, Mark Rawson, will be in attendance at the meeting to answer any questions about the SOI.

4.3       A draft Statement of Expectation (SOE) setting out Council’s expectations on matters to be addressed in the draft SOI 2020/21 was considered by the Governance and Finance Committee during the level 4 lockdown on the 21 May 2020.  The Committee decided to not proceed with the draft SOE as its content was overtaken by the effects of COVID-19 on the economy.  Furthermore, the process for developing Project Kōkiri took into consideration the councils’ priorities for the work for the NRDA in 2020/21. 

4.4       The SOI for 2020/21 reflects the current economic situation facing Nelson Tasman as a result of COVID-19.  While the underlying purpose of the NRDA remains the same with many similar areas of work, there is a notable difference in the scope and scale of the work programme for 2020/21 in response to the impact of COVID-19.  This is likely to continue for the next 2-3 years and potentially beyond as the CCO adjusts to provide the level and type of economic development service required.

5.       Discussion

Effect of COVID-19

5.1       The global pandemic of COVID-19 will have significant and long-lasting impacts on the economic development work of Council.  The high degree of uncertainty regarding future scenarios for how the pandemic will play out globally and in New Zealand means that Council’s response will need to remain agile and adaptive.  COVID-19 was first and foremost a health crisis.  However the measures put in place globally to minimise this health crisis have resulted in unprecedented disruption to global economic activity, including trade and tourism. 

5.2       New Zealand and the Nelson region have not been immune to this disruption, with GDP forecast to contract in 2020 by around 8%, and unemployment to rise to just around 9%.  While economic activity in New Zealand is estimated to be around 96% of normal GDP levels under ‘Level 1’, closure of the borders to tourism and a global economic recession will continue to impact Nelson over the medium term. 

          Review of NRDA

5.3       Council commissioned a review of NRDA from Martin Jenkins in 2019 to gain a better understanding of the services being provided by the NRDA and any areas for potential improvement. The review provided three main recommendations:

5.3.1    Achieve strategic alignment between NCC, TDC and NRDA: Build strategic alignment between the councils and NRDA to agree four or five outcome areas and related strategic priorities for the CCO, consistent with councils’ objectives.

5.3.2    Clarify and convey the value of the NRDA:  Enhance the way the value of the NRDA is communicated.  This should reflect the agreed strategic priorities, and a performance management framework to monitor progress.  There is a need for a stakeholder engagement plan, a restructured SOI, and a new reporting framework to NCC and TDC.

5.3.3    Secure sustainability of the NRDA: Take steps to secure the financial sustainability of the NRDA which include reviewing the interfaces between NCC and the NRDA for efficiency improvements, completion of the NRDA’s business model review, and the development of a business case for additional funding.

5.4       The review made specific recommendations to improve the content and structure of the SOE and SOI.  These include greater clarity in the SOE of the functions and services the NRDA is expected to deliver and a stronger performance framework within the SOI. 

5.5       Further consideration of the review findings and recommendations, including how these might best be implemented is still required.  Given the priority over the last quarter has been to focus on the COVID-19 economic response, it has not been possible to incorporate all the review’s recommendations into this year’s SOI.  NCC and TDC need to agree on a framework that provides clear direction for the long term, medium term and short term outcomes that are expected to be achieved through ongoing investment in economic development through the NRDA.  Economic development objectives will need to be appropriate for the new landscape that exists post COVID-19.

5.6       Officers are investigating the possibility of holding a series of workshops firstly between NCC and TDC and then with NRDA to progress these recommendations.  The aim is to ensure that the next Statement of Expectation further reflects the recommendations of the NRDA review as well as providing greater clarity of expectations from the Councils. 

5.7       In 2019/20 funding for NRDA was delivered through an integrated SOI for both Nelson and Tasman councils and this will remain the case in 2020/21.  TDC has provided input into the 2020/21 SOI, and a separate funding arrangement between the two councils sets out the terms of the TDC contribution.

Project Kōkiri

5.8       The two councils, alongside NRDA, the Chamber of Commerce, iwi and other stakeholders came together to collaborate on the economic response, recovery and regeneration through Project Kōkiri.  Project Kōkiri is the economic response and regeneration plan for Nelson Tasman and aims to achieve the following outcomes:

5.8.1    Keeping people employed in work and providing opportunities for training and redeployment;

5.8.2    Focusing on our strengths and areas of competitive advantage such as the oceans economy, high value food and beverage, the growing Māori economy, and liveability;

5.8.3    Generating export revenue to increase circulation of money in the local economy;

5.8.4    Supporting organisations that will provide the greatest economic impact to our economy through their own supply chains; and

5.8.5    Providing local government stimulus through infrastructure projects.

5.9       Project Kōkiri will be implemented in stages with initial response work carrying through until January 2021, a recovery stage through to December 2022, and then moving into regeneration from 2023 onwards.  The plan will need to adapt to the changing needs of industry and business over this period, and reflect the uneven impact of COVID-19 across various sectors.  Efforts by the Nelson Tasman Chamber of Commerce have been key in facilitating the connection between business and NRDA to ensure that communication is timely and effective throughout the response period.  The Chamber is also leading on some of the economic response actions, including the “We’ve Got This” campaign.

5.10     Project Kōkiri sets out the work programme of the NRDA and forms the basis of the SOI for the 2020/21 year.  As part of delivery of Project Kōkiri, NRDA will provide a coordination role for other programme areas in addition to business as usual.  Each of its traditional work programme areas will be adjusted to ensure that the investment is relevant for the current COVID-19 economic situation.  The SOI sets out the following key work streams:

5.10.1  Targeted business and innovation support

5.10.2  Capability building and job creation

5.10.3  Business and investment attraction

5.10.4  Stimulating local spending

5.10.5  Local government stimulus

5.10.6  Visitor destination management

5.10.7  Regional competitive advantage and regeneration initiatives

5.10.8  Project Kōkiri management and operations

5.11     In relation to risk management, the NRDA has outlined that it will take an “agile and phased approach”.  NRDA will adapt to the needs of business throughout the response and recovery phases.  A Leadership Group made up of high level representatives across government and industry, chaired by the Nelson Mayor; and an Action Team representing key government departments in Nelson Tasman will guide decision making should any change in approach or focus areas be required. 

NRDA and Project Kōkiri Budget

5.12     COVID-19 will have a significant effect on the activities and sources of funding of the NRDA.  The proposed NRDA budget of $3.0 million for 2020/21 reflects its contribution to delivering Project Kōkiri. This is approximately $700,000 above NRDA’s pre-COVID forecast budget for 2020-21.  The updated budget includes additional spending in some areas to adapt to the proposed direction of a COVID-19 economic recovery:

5.12.1  Support of a targeted business recovery and regeneration accelerator programme

5.12.2  Additional Workforce Development and labour market coordination activity

5.12.3  Stimulating local spending and domestic visitation activations and Visitor Destination Management

5.12.4  Additional stakeholder coordination, project pipeline support, communications, and insights

5.13     In addition, private sector investment such as tourism partnership programmes and tradeable income from the i-SITE is forecast to be around $540,000 less in 2020/21 compared to 2019/20.  The increased budget and reduction in income would have resulted in an overall shortfall in funding to deliver the proposed services in 2020/21 of approximately $1.0 million.  However, central government has recognised the expected shortfall in income for Economic Development Agencies and Regional Tourism Organisations across the country and has provided $700,000 to the NRDA as part of a nationwide $20 million support package.  This is in addition to the $490,000 pre-COVID NRDA budget from central government.

 

 

2019-20 (Budget)

2020-21 (June Budget)

2020-21 (August Budget)

NCC Core funding

$970,500

$982,700

$982,700

TDC Core funding

$300,000

$303,000

$303,000

Central government Funding

$345,000

$490,000

$490,000

Private sector/Trading/Other

$620,800

$73,900

$73,900

Total Income

$2,236,300

$1,849,600

$1,849,600

Operating Expenses

$2,200,000

$2,549,600           

$3,049,900

Budget Shortfall

 

$700,000 

$1,200,300

NCC Project Kōkiri contribution

 

Up to $350k depending on central govt. funding.

$250,000

Central govt. contribution

 

 

$700,000

Residual shortfall

 

 

$250,300

5.14     At the Annual Plan deliberations meeting on 3 June 2020, Council agreed to make provision for an increase in funding to NRDA of up to $350,000 to develop and implement Project Kōkiri.  At that time, the Project Kōkiri budget shortfall was $700,000.  Council agreed that $500,000 of this shortfall should be met by local government and the other $200,000 was hoped to be provided by central government. $250,000 of Council’s $350,000 provision was to cover the NCC half of local government funding, with $100,000 set aside in case central government funding was not secured.  This initial budget deficit was developed at very short notice and subsequently increased to $1.2 million.  Note that this higher figure includes discrete tourism related projects of $200,000 that were developed as part of the funding pitch to central government.

5.15     NRDA has made a funding request to TDC for $250,000.  TDC considered this request at its 30 July 2020 Council meeting, and has decided to defer the decision until 19 August when it is holding a workshop to identify cost savings to assist with its zero rates increase for 2020/21. An update on the outcome of this meeting will be provided at the Committee meeting.

5.16     NCC would work with the NRDA to assess the impact that any ongoing budget shortfall would have on the scope and scale of activities for 2020/21.  If additional funding is required, NRDA will need to make a specific request for the uncommitted funding of $100,000 and this will need to be approved by Council.  Assurances will be sought from NRDA that all funding provided from NCC to Project Kōkiri for 2020/21 will be focused on economic development outcomes that benefit Nelson City.

5.17     Council has allocated approximately $2.3 million towards economic development in the 2020/21 financial year covering items such as funding to NRDA, support to additional large scale sport and entertainment events, the Contestable Events Fund, support to Uniquely Nelson, and the Nelson Tasman Business Trust.

5.18     The NRDA SOI budgets propose that additional funding will need be provided for the following two financial years.  NCC will work with NRDA and TDC to identify and evaluate the most appropriate sources of funding or changes to the mix of services purchased by the two councils to address this ongoing shortfall. 

6.       Options

6.1       The Committee can recommend approval of the SOI or can provide feedback to the NRDA in respect of changes to the SOI. 

7.       Conclusion

7.1       Officers believe that the draft SOI adequately aligns with Council expectations and can be adopted as the final SOI for 2020/21.

 

Author:           Jessica Bensemann, Nelson Tasman Economic Portfolio Manager

Attachments

Attachment 1:    A2434416 NRDA Statement of Intent 2020-21

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

Section 64 of the Local Government Act requires the adoption of a Statement of Intent for every CCO.

2.   Consistency with Community Outcomes and Council Policy

The recommendation aligns with the following outcomes: ‘Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement’ and  ‘Our region is supported by an innovative and sustainable economy’

3.   Risk

There is a large degree of uncertainty related to international and national events that will have an impact on the economic outlook and recovery for Nelson/Tasman.  These risks need to be managed on an ongoing basis and are built into the adaptive approach that is taken in Project Kōkiri.

In particular, the timing of borders reopening will greatly impact the ability of many business in the tourism sector to survive through this period.  This will impact on how effective Project Kōkiri can be in supporting businesses and the options available to promote Nelson as a destination beyond the domestic market in 2020/21.

Aspects of Project Kōkiri are dependent on the nature of central government funding support that is made available for the COVID-19 recovery.  This is currently uncertain given the national elections will occur in September 2020.  Any new government priority areas and related funding announcements will not be known until after this date.

Continued support from partners and stakeholders such as councils and businesses is critical to the successful delivery of Project Kōkiri and a comprehensive communications plan.

4.   Financial impact

The $250,000 allocated for Project Kōkiri, and $100,000 in uncommitted funding has been provided through the Annual Plan 2020/21 in addition to the annual NCC core funding allocation of $880,000.  As part of the Long Term Plan process Council will need to assess whether or not additional funding can be allocated in the next two financial years.

5.   Degree of significance and level of engagement

The adoption of the SOI is of low significance to the community, business and iwi.  Engagement has been carried out with business and iwi during the development process of Project Kōkiri, and key stakeholders will be involved on an ongoing basis through Project Kōkiri leadership and management groups.

6.   Climate Impact

Project Kōkiri acknowledges that climate change is one of the major risks facing the region.   Components of delivering on the necessary transition towards a low carbon and more resilient economy will be factored in to the work of the NRDA.

A number of key activities to deliver in the areas of climate change and sustainability are included in the SOI, such as the development of a low-carbon Destination Management Plan, maintaining a strong dialogue with the Nelson Tasman Businesses for Climate Change Action, and facilitating a climate change transitions focused “build back better” workshop.

Guidelines for how this will occur will be developed by the Project Kōkiri Action Team and signed off by the Project Kōkiri Leadership Team.  The SOI outlines some specific actions for how this process will be carried out.

7.   Inclusion of Māori in the decision making process

Iwi have been engaged as part of the development of Project Kōkiri which has formed the basis of this report.

8.   Delegations

The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies

Areas of Responsibility:

·          Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

 

 


Item 8: Nelson Regional Development Agency Statement of Intent 2020/21: Attachment 1

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Item 9: Carry Forwards 2019/20

 

Governance and Finance Committee

27 August 2020

 

 

REPORT R18189

Carry Forwards 2019/20

     

 

1.       Purpose of Report

1.1       To approve carry forward of unspent budget to the new financial year.

2.       Summary

2.1       Invoice processing is complete for the 2020/21 financial year and officers have reviewed project expenditure in order to identify savings and consider whether unspent budget is still required.

 

 

3.       Recommendation

 

That the Governance and Finance Committee

1.     Receives the report Carry Forwards 2019/20 (R18189) and its attachment (A2436022).

Recommendation to Council

That the Council

1.     Approves the carry forward of $1.3 million unspent capital budget for use in 2020/21; and

2.     Notes that this is in addition to the carry forward of $7.8 million approved during the 2020/21 Annual Plan, taking the total carry forward to $9.1 million; and

3.     Approves the carry forward of $73,000 unspent capital budget to future years, for consideration in the Long Term Plan 2021-31; and

4.     Notes total savings and reallocations in 2019/20 capital expenditure of $1.0 million including staff time; and

5.     Notes that the total 2020/21 capital budget (including staff costs and excluding consolidations and vested assets) will be adjusted by these resolutions from a total of $57.1 million to a total of $58.4 million; and

6.     Approves the carry forward of $122,000 unspent operating budget for use in 2020/21.

 

 

 

4.       Background

4.1       The capital programme for 2019/20, as agreed in the Annual Plan 2019/20, totalled $43.4 million, including staff costs and excluding Nelson Regional Sewerage Business Unit (NRSBU), Nelson Tasman Regional landfill and vested assets. All figures quoted in this report are calculated on this basis.

4.2       The addition of 2018/19 carry forwards, and other resolutions of Council over the 2019/20 year adjusted the total capital budget to $46.1 million.

4.3       The 2019/20 capital budgets were forecast quarterly throughout 2020 with a view to what could realistically be achieved in the remainder of the financial year. In light of the impacts of COVID-19, the capital budget was reforecast to $32.6 million in May 2020. The 2019/20 budget movements incorporated in the Annual Plan 2020/21 were approved on adoption of the Annual Plan on 9 July 2020. In particular, $7.8 million was carried forward from 2019/20 to 2020/21 during the Annual Plan process.

4.4       Total capital expenditure for the 2019/20 year was $30.8 million, $12.6 million less than the adjusted Annual Plan 2019/20 budget of $43.4 million. Of this, $1.0 million has been identified as savings or reallocations.

4.5       April 2020 Capital Expenditure was 30% lower than March 2020 and 43% lower than April 2019.

4.6       Reasons for capital carry forwards being requested include:

·    COVID-19 delays

·    alterations to the phasing of multi-year projects

·    reliance on external funds

·    delays created by weather/season requirements, negotiations with external parties

·    construction delays

·    lead time in procuring materials and equipment

·    projects running behind time

4.7       Once the 2019/20 year was closed for invoice processing, officers collated data relating to the projects undertaken during the year, identifying variances against the reforecast.

4.8       Project managers were asked to identify which variances represented savings, and where they wished to carry forward budget into 2020/21, or subsequent years, they were asked to support their request.

4.9       The capital expenditure programme will be re-assessed during Quarter 1 2020/21 to gain a better understanding of projects that will not go ahead as planned in 2020/21.

5.       Discussion

Capital savings and reallocations

5.1       Officers identified savings and reallocations of $1.0 million in capital expenditure against the 2019/20 Annual Plan. In total, this saving will have a positive impact on interest, depreciation and debt levels, in excess of that already identified in the 2020/21 Annual Plan.

          Capital carry forwards

5.2       Officers have requested that $1.3 million be carried forward. Of this, $1.3 million is requested to be added to 2020/21 capital budgets, $968,000 of which directly relates to COVID-19 delays, and $73,000 is requested to be carried forward to future years.

5.3       A breakdown of budget movements in the total 2019/20 capital budgets is provided as Table 1.

5.4       Table 2 itemises capital projects with carry overs requested greater than $50,000. These are new carry forwards which have been requested in addition to those approved during the 2020/21 Annual Plan.


 

            Operating carry forwards

5.5       In addition to the Capital carry forward requests, there are two Operating Expense budgets, totalling $122,000, that have been requested by staff to carry forward to 2020/21:

·    Emergency Fund (for COVID Recovery in community) $118,000

·    Mayoral Discretionary Fund $4,000 due to a delay in release of funds

6.       Options

 

6.1       Council officers support Option 1, approve the recommendations. Not approving the recommendations would be problematic as the future scope of some of these projects has been agreed through Committee and Council resolutions including Annual and Long Term Plans prior to this meeting. Work has continued on these projects based on those decisions.

 

Option 1: Approve the recommendations

Advantages

·   Work has continued on 2019/20 capital projects and costs have been incurred.

·   The carry forward spending is within previously approved budgets.

Risks and Disadvantages

·   None

Option 2: Approve carry forward with exceptions

Advantages

·    If Council wished, it could remove some items from the list of budgets to be carried forward.

·    Savings in future debt, depreciation, interest and maintenance costs would occur.

Risks and Disadvantages

·    The projects concerned would then not have sufficient budget to be completed.

·    Council does not have complete information through this report to fully inform such a decision.

 

          7. Conclusion

7.1       An analysis of capital expenditure against forecast for 2019/20 indicates:

·     There are savings and reallocations from the capital budget of $1.0 million compared to the 2019/20 Annual Plan.

·     Additional capital budget of $1.3 million not spent should be carried forward; $1.3 million should be carried forward into 2020/21 and $73,000 should be carried forward to future years.

·     Operating Expenses totalling $122,000 have been requested by staff to carry forward to 2020/21.

8.       Next Steps

8.1       Once approved, budgets will be updated to reflect the approved resolutions.

 

Author:           Clare Knox, Manager Finance

Attachments

Attachment 1:    A2436022 - Carry Forward Report 2019/20 - Attachment 1

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

Approval of the recommendation will allow progress/completion of approved projects. This will promote social, economic, environmental and cultural economic well-being in the present and future through employment and purchasing of goods and services to deliver public infrastructure and community services.

2.   Consistency with Community Outcomes and Council Policy

Approval of this recommendation will allow projects approved in the Long Term Plan 2018-28, Annual Plan 2019/20, and subsequent Council resolutions, to be delivered efficiently and cost effectively to create good quality infrastructure, well-planned and sustainably managed environments.

3.   Risk

 Failure to approve the recommendation will introduce risk (financial, contractor and community relationships) which does not currently exist.

4.   Financial impact

There is little financial impact from approving the recommendation as budgets are already approved and funded.

5.   Degree of significance and level of engagement

This matter is of low significance as budgets are already approved and the recommendation confirms business as usual. Therefore no engagement is required.

6.   Climate Impact

None

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

·    Delegations

The Governance and Finance Committee has the following delegations to consider the 2019/20 Carry Forwards.

Areas of Responsibility:

·      Council’s financial performance

Powers to Decide:

·      Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

Powers to Recommend:

·      Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

·    Unbudgeted expenditure relating to the areas of responsibility, not included in the Long Term Plan or Annual Plan.

 

 


Item 9: Carry Forwards 2019/20: Attachment 1

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Item 10: Governance and Finance Committee End of Year Report to 30 June 2020

 

Governance and Finance Committee

27 August 2020

 

 

REPORT R18178

Governance and Finance Committee End of Year Report to 30 June 2020

     

 

1.       Purpose of Report

1.1       To inform the Committee of the financial and non-financial results for the last six months of 2019/20 for activities under its delegated authority. End of year financial and non-financial results for these activities, and Council as a whole, are also discussed.

1.2       To highlight any material variations.

 

 

 

2.       Recommendation

That the Governance and Finance Committee

1.     Receives the report Governance and Finance Committee End of Year Report to 30 June 2020 (R18178) and its attachments (A2434210, A2429786, A2429702, A2429514, and A2445782);

 

 

3.       Background

3.1       Quarterly reports on performance are provided to each committee on the performance and delivery of projects and activities within their areas of responsibility.

3.2       As a result of the unprecedented disruption caused by the COVID-19 pandemic, it was agreed (by the Chief Executive in discussion with the Mayor and committee chairs) that the quarter three reports to committees would not be written, as they would have provided little indication of how the year’s results would track overall. Accordingly, this report covers six months – including information from quarter three as well as quarter four’s full ‘end of year’ evaluation. Unless otherwise indicated, all information is against operating budget, which is the 2019/20 Long Term Plan budget plus any carry forwards, plus or minus any other additions or changes as approved by the Committee or Council. 

3.3       The body of this report is split into two sections. The first section (sections four to nine) reports on Council activities within the Committee’s delegations for the year, and the second section (sections 10 onwards) covers Council’s overall financial performance. The whole of Council project health summary reporting falls under the ‘risk’ category and goes to the Audit and Risk Sub-committee.

3.4       There are seven projects that fall under the Governance Committee that are included as part of the quarterly reporting. These have been selected if their budget is at least $250,000 for 2019/20, are multi-year projects with a budget over $1 million, or have been assessed to be of particular interest to the Committee.

Governance Activities

4.       Key developments for the six months to 30 June 2020

4.1       The COVID-19 pandemic had a range of impacts on Governance and Finance activities in 2019/20. These impacts were discussed in a report to the Committee on 21 May 2020.

4.2       Highlights of the last six months include:

4.2.1    Immediately transitioning over 270 Council staff to work remotely from the start of Alert Level 4.

4.2.2    Working to initiate a $200,000 Emergency Fund for community organisations.

4.2.3    Activating the regional Emergency Operations Centre (EOC) for response and recovery work. Council officers were seconded to work for the EOC.

4.2.4    Making weekly payments to creditors to assist businesses with cash flow.

4.2.5    Providing assistance to ratepayers struggling to pay their rates, through the rates rebate scheme and payment plans.

4.2.6    Providing support to Council lease and licence holders in the tourism and hospitality sector, and community groups, with a three month waiver of rent and outgoings until 30 June 2020.

4.3       The Mayor and officers contributed to the development of Project Kōkiri, the region’s economic recovery and regeneration plan. This included the development and prioritisation of a list of ‘Shovel Ready’ projects (together with Tasman District Council, NRDA, and the Chamber of Commerce), that were put forward for central government consideration. Applications were also put together for several Council projects associated with roading, environmental jobs and the Stoke Hall upgrade to enable labour redeployment outcomes. Some of these have been successfully funded, while others are still awaiting decisions. Officers have worked with NRDA to ensure that Project Kōkiri investment areas and performance measures, as captured in the Statement of Intent, are relevant for the post COVID-19 economic situation. 

4.4       The Annual Plan process was completed and the 2020/21 Annual Plan was adopted by Council.

4.5       The Nelson Residents’ Survey for 2020 was completed – a report on this will be included in the agenda of the next Governance and Finance committee meeting.

Nelson Centre of Musical Arts (NCMA)

4.6       The 2019 NCMA review recommended transitioning from a grant agreement to a letter of expectation/statement of intent process, similar to CCOs. Due to COVID-19 challenges forecasting financials and deliverables, shifting to this new model has been moved out to 2021/22.  

4.7       The recruitment of a business advisor to the NCMA was delayed during the COVID-19 shutdown.

5.       Financial Results – full year 2019/20

5.1       Profit and Loss by Activity

5.2       Other Income variance of $100,000 is due to a $100,000 Provincial Growth Fund grant from the Ministry of Business, Innovation and Education, which was received and not budgeted for. Programmed Expense variance was $190,000 under budget due to a budget of $102,000 being included for Regional Promotion in error. In addition, Special Economic Projects was $30,000 under budget and Facilities Marketing was under budget by $20,000 for the year.

5.3      

5.4       Other Income variance of $2.5 million is due to Dividends ($800,000) and Forestry Income ($1.5 million) being lower than expected. Base expenditure variance of $1.3 million under budget includes forestry harvest costs ($1.5 million under).

5.5       Depreciation costs are behind budget and have not been finalised, with costs relating to current year additions to be brought in as part of the annual journals. Unprogrammed Expenses variance of $400,000 is mainly due to Tantragee hazardous tree removal costs being under budget by $487,000.

5.6       A more detailed narrative can be found below from section 5.9 onwards.

Notes to Profit and Loss by Activity:

·     The “Operating Budget” differs from the “Total Annual Plan Budget” in that it includes carry forwards and reallocations made after the final approval of the Annual Plan.

·     Base Expenditure is expenditure that happens year after year, for example yearly contracts or operating expenses.

·     Programmed Expenditure is planned, or there is a specific programme of works. For example, painting a building.

·     Unprogrammed Expenditure is reactive or unplanned in nature, for example responding to a weather event. Budgets are included as provisions for these expenses which are unknown.


 

5.7       Other Operating Revenue (excluding rates income)

5.8       Operating Expenditure

5.9       There is a variance between actual and budgeted staff costs within cost centres but overall, actual staff costs are in line with budget. Finance is currently reviewing staff costs to reduce the variances going forward.

5.10     Administration and Meeting Support expenditure is greater than budget by $298,000. Staff costs appear to be over budget by $262,000, however, this is due to the actuals being coded differently to the budget and is offset in other cost centres – see 5.9.

5.11     Civic Expenditure is greater than budget by $108,000. Staff costs are over budget by $73,000 due to the allocation of costs being different than budget.

5.12     Civil Defence expenditure is greater than budget by $94,000. Staff costs are over budget by $94,000 due to costs being allocated differently from budget. In particular, staff have spent time on the COVID-19 response at the Emergency Operations Centre and in administration support roles.

5.13     Civic House expenditure is less than budget by $69,000. Unbudgeted State Advances legal costs of $58,000 will be capitalised upon sale of the building. Depreciation is under budget by $108,000. End of year depreciation additions had not been processed at the time of writing this report.

5.14     Economic Development income is greater than budget by $100,000. A Provincial Growth Fund grant has been received from the Ministry of Business, Innovation and Education to support economic activity.

5.15     Economic Development expenditure is greater than budget by $101,000. Staff costs are over budget by $182,000 which relates to the allocation of costs, see 5.9. Regional promotion budget of $102,000 was included in the budget in error. Policy consultant costs of $50,000 were unbudgeted, and relate to Vodafone and the Smart Little City contract.

5.16     Forestry income is less than budget by $1.6 million. This variance relates to the Maitai Forest and is a result of delays to the harvest of that forest.

5.17     Forestry expenditure is less than budget by $2.2 million. Maitai harvest costs are under budget by $1.5 million. In addition, Tantragee hazardous tree removal costs are under budget by $487,000 and forestry management costs are under budget by $125,000.

5.18     Investment Management income is less than budget by $814,000.

5.18.1  Dividend income is under budget by $554,000, including Port Nelson ($750,000 under) and Nelmac ($239,000 under). A special, unbudgeted dividend of $400,000 has been received from Port Nelson in September, and was used to repay debt.

5.18.2  Internal interest income is under budget by $252,000. This income is offset across the organisation.

5.18.3  External interest income is over budget by $116,000 due to prefunding upcoming debt maturities, and is partially offset by interest expenditure.

5.19     Investment Management expenditure is greater than budget by $175,000.  External interest expenditure is over budget by $88,000. Reserves interest is over budget by $88,000 due to reserves balances being higher than anticipated.

5.20     Members Expenses are greater than budget by $53,000. Staff costs are over budget by $57,000 due to the allocation of costs being different than budget – see 5.9.

5.21     Rental Properties expenditure is greater than budget by $7,000. Unbudgeted costs of $56,000 have been incurred for the Neale Park landfill gas issue. Programmed maintenance and asbestos testing costs are under budget with works delayed.

5.22     Strategy expenditure is less than budget by $524,000. Staff costs are behind budget by $515,000 due to costs being allocated differently from budget – see 5.9.

5.23     Capital Expenditure (including capital staff costs, excluding vested assets)

5.24     The “Operating Capital” Budget 2019/20 reflects the latest capital budgets approved by Council. During the Annual Plan 2020/21 process, the 2019/20 capital budgets were reviewed in detail. At that time, and in response to COVID-19, Council agreed to carry forward significant works from 2019/20 to 2020/21. These changes have been made in the June 2020 period, hence the decrease in budget in the June 2020 Operating Budget.

5.25     All capital projects, within the Governance delegation, with a budget greater than $250,000 in this financial year have a project sheet in Attachment 1 of this report.

6.       Commentary on capital projects

6.1       There are six capital projects within the Governance delegation which have been included as part of this six month report. All have a budget over $250,000 for 2019/20. They are the Haven Precinct, CBD Enhancements, and four projects relating to Civic House. Summaries are included in Attachment One.

6.2       An additional project ‘Christmas Decorations CBD’ is under $250,000, but has been included due to interest in the project. The majority of actual spend to date on ‘Christmas Decorations CBD’ has been capex.

6.3       Project status is analysed based on three factors; quality, time, and budget. From the consideration of these three factors the project is summarised as being on track (green), some issues/risks (yellow), or major issues/risks (red). Projects that are within 5% of their budget are considered to be on track in regards to the budget factor.

7.       Commentary on operational projects

7.1       There is one non-capital project within the Governance delegation that is included as part of the six month reporting. This project, the 2020/21 Annual Plan, has been selected for reporting as it makes an important contribution to Council’s work programme. The summary is included in Attachment 1.

8.       Status Report Updates

8.1       Haven Precinct Project Progress Report – this project will be considered as part of the development of the Long Term Plan 2021-31.

8.2       Policy review: Appointments of directors/trustees to Council's Council Controlled Organisations and Council Controlled Trading Organisations (left to lie on the table) until after the next Joint Shareholders Committee meeting.

8.3       Nelson Regional Development Agency - Statement of Expectation 2020/21 and update on review of Nelson Regional Development Agency operations (left to lie on the table). Subsequent to the meeting Project Kōkiri has been developed. The Project provides the basis for the work programme for the NRDA in 2020/21, and the proposed Statement of Intent for the NRDA is covered in a separate report to this meeting.

9.       Key Performance Measures

9.1       As part of the development of the Long Term Plan 2018-28, Council approved levels of service, performance measures and targets for each activity. There are ten performance measures within the Governance and Finance Committee’s delegations.

9.2       This report shows the final performance result for these measures for the 2019/20 year. These will be reported on in greater detail through the Annual Report 2019/20.

9.3       The results of the performance measures at the end of the year are reported as one of the following:

·      Achieved

·      Not achieved

·      Not measured (for when data is not available at the time the quarterly report is published – to be detailed in the commentary)

9.4       Attachment 2 lists all performance measures within the Governance and Finance delegation, their status, and commentary for the quarter.

Quarterly Review of Performance Measures

Status of Governance and Finance Performance Measures, End of Year 2019/20

9.5       Four of the ten measures for the Economic and Corporate activities were achieved at the end of the year for 2019/20, and three of the measures were not achieved. Two of the measures that were not achieved were in areas negatively impacted by COVID-19 (annual spending in the CBD, and percentage of out of town visitors attending events). Data from Infometrics is not yet available for two measures (on GDP and tourism spend), but these will be reported on in the Annual Report 2019/20. See Attachment 2 for detail.

All of Council

10.     Financial Performance – full year 2019/20

10.1     Profit and Loss

10.2     For the year ending 30 June 2020 the activity surplus/deficits are $2.8 million favourable to budget.

10.3     It is noted that the full year information presented in this report is based on the information available at the time of writing, and is subject to change in the Annual Report 2020/21.

10.4     The most significant variances to budget are set out below. These are also reported to the relevant Committees.

Income

10.5     Rates income is over budget by $1.4 million. This represents the draft rating deficit, or the additional rates that are required to fund Council activities in the current year, and is a deficit due to COVID-19. Because we have rated a lower amount, the rating deficit is funded through prior year rating surpluses, and hence debt. It is noted that this figure is not final as end of year adjustments (relating to preliminary capital expenditure and depreciation) had not yet been completed at the time of writing this report.

10.6     Forestry harvesting income is under budget by $1.6 million due to the Maitai Forest harvest not being completed in the current financial year.

10.7     Dividend income is under budget by $554,000. Ordinary dividend income is under budget, including Port Nelson ($750,000 under) and Nelmac ($239,000 under). A special, unbudgeted dividend of $400,000 has been received from Port Nelson in September, and was used to repay debt.

10.8     Community Housing income is over budget by $463,000. Income was received for twelve months, but had been budgeted for six months due to the anticipated sale.

10.9     Parking Regulation and Parking Meter income are under budget by $380,000 due mainly to the COVID-19 lockdown. Forecasts made in April, and reported to Council, identified that income of $322,000 was at risk as a result of COVID-19.

10.10   Residential Water Supply income is over budget by $222,000 reflecting higher water volumes than anticipated.

10.11   Commercial Water Supply and Trade Waste income are $162,000 over budget and $25,000 under budget respectively. These income lines were flagged as potentially being impacted by the COVID-19 lockdown.

10.12   Resource Consents and Building Consents income are under budget by $50,000 and $102,000 respectively. Council’s Revenue and Financial Policy has an objective of collecting 40-60% of resource consent costs and, between 60% and 80% for the building unit costs.   Reports to the Environment Committee on 5 March 2020 outlined that the 2019/2020 fees were at that stage, pre-COVID-19 lockdown, lower than budget.  Council has subsequently completed consultative processes to increase the fees for these services.

Expenses

10.13   Unprogrammed expenditure is greater than budget by $1.2 million. Items include:

·    Forestry expenditure relating to removal of hazardous trees at the Tantragee ($487,000 under budget).

·    A provisional building claim of $690,000 has been recognised in the current year but was budgeted for next year. This claim is reserve funded.

·    Unbudgeted freedom camping initiatives expenditure of $215,000, which has been funded by an MBIE grant.

10.14   Staff operating expenses are slightly under budget ($119,000) at the whole of organisation level. There are significant variances in staff costs in specific cost centres, representing a different allocation of staff costs than budgeted. These are discussed in the Committee reports.

 

 

10.15   Programmed expenditure is less than budget by $2.6 million. Items include:

·    Unspent Maitai area Mountain Bike Trail grade 2-3 grant of $373,000, which has been deferred to 2020/21.

·    The Champion road roundabout grant ($470,000) was unspent this financial year. The grant has been reduced and $150,000 has been budgeted in 2020/21. (This is a Tasman District Council project).

·    Subsidised roading costs which are under budget by $175,000 across a variety of codes due to delays relating to the COVID-19 lockdown, in particular bridge maintenance ($76,000 under) and condition inspections and data collection ($105,000 under).

·    Programmed maintenance costs were delayed across the organisation due to the COVID-19 lockdown. Specific items are discussed in the Committee reports.

·    COVID-19 Community Organisation Grants expenditure is under budget by $118,000.

·    Preliminary capital investigation costs are behind budget by $299,000 across a variety of codes. These costs will be recognised when the annual adjustments are completed, but were not yet available at the time of writing.

 

10.16   Depreciation expenditure is behind budget by $731,000. Depreciation on capital additions had not yet been calculated at the time of writing this report.

10.17   Base expenditure is behind budget by $1.6 million. Maitai harvest costs are under budget by $1.5 million due to delays in the completion of that harvest.


 

 

10.18   Capital Expenditure (excluding vested assets)

10.19   The Operating Budget 2019/20 reflects the latest capital budgets approved by Council. During the Annual Plan 2020/21 process, the 2019/20 capital budgets were reviewed in detail. At that time, and in response to COVID-19, Council agreed to carry forward significant works from 2019/20 to 2020/21. These changes have been made in the June 2020 period, hence the decrease in budget in the June 2020 Operating Budget.

10.20   Financial information provided in Attachment 3 includes:

·    A financial measures dashboard with information on rates revenue, operating revenue and expenditure, and capital revenue and expenditure.

·    Operating income and expenditure displayed against budget by category.

·    Treasury measures dashboards.

·    A debtor analysis graph over 13 months, showing outstanding debt levels and patterns for major debt types.

10.21   Capital expenditure is $2 million under Operating Budget and $13.3 million under Annual Plan budget.

11.     Insurance Renewal

11.1     Nelson City Council is part of the Top of the South Collective with Tasman District Council and Marlborough District Council which was formed 1 July 2011.  The insurance broker is Marsh (formerly Jardine

 

           

            Lloyd Thomson (JLT)) and Nelson City Council has various insurance policies including:

·   Material Damage – commercial and residential

·   Business Interruption

·   Motor Vehicle

·   Public and Professional Indemnity

·   Crime, Statutory and Employers Liability

·   Harbour Masters and Wreck Removal Liability

·   Hall Hirers Liability

·   Personal Accident

·   Forestry

 

11.2     The insurance was successfully placed for 1 July 2020 for this programme.  The infrastructure asset insurance renewal is on 1 November 2020. 

11.3     Premiums have increased overall by $86,040 (7%) mainly driven by increased material damage premiums (4% or $38,000) and Professional indemnity / public liability (38% or $31,000).

11.4     An allowance for premium increases of $354,000 was included in the 2020/21 Annual Plan, and there is still some risk around costs for the infrastructure renewal in November 2020 given market conditions.

11.5     Council has added an Environmental Impairment Policy to its insurance cover. This was previously included as part of the Public Liability Insurance. The policy is to cover Council for release of pollutants / contaminants into the environment over an extended period of time. A one off breach will still be covered by Council’s Public Liability policy.


 

Council’s Performance Measures

Status of all Council’s Performance Measures for 2019/20, as at 30 June 2020

11.6     At the time of writing this report, of Council’s 80 total performance measures across all activities, 51 measures have been achieved in 2019/20 (63.7%), and 19 not achieved (23.7%).

11.7     10 performance measures are not yet able to be measured (12.5%) – four of these will be reported on in the 2019/20 Annual Report to Council later in 2020 when data is available. The remaining six will remain unmeasured for the year (7.5%) - one due to the COVID-19 shutdown cancelling footpath condition surveys for 2019/20 (transport), one because it a new measure that does not yet have a comparative to determine achievement (economic, see Attachment 2).

11.8     As described in the 2018/19 Annual Report, four measures in the environment activity cannot be reported on, as Council's reporting systems are not currently at a level that enables the results to be 100% verified. A review of how this information can be provided to substantiate performance in future years is being undertaken.

12.     Conclusion

12.1     The review of performance for the last six months of 2019/20 for the Governance and Finance Committee is included in this report, with project sheets and performance measure updates attached.

 

 

Author:           Mark Tregurtha, Manager Strategy

Attachments

Attachment 1:    A2434210 - Governance and Finance Committee Project Sheets End of Year 2019/20

Attachment 2:    A2429786 - Governance and Finance Performance Measures End of Year 2019/20

Attachment 3:    A2429702 - Finance Dashboards and Charts

Attachment 4:    A2429514 - All of Council Project Health Summary 2019/20

   


Item 10: Governance and Finance Committee End of Year Report to 30 June 2020: Attachment 1

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Item 10: Governance and Finance Committee End of Year Report to 30 June 2020: Attachment 2

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Item 10: Governance and Finance Committee End of Year Report to 30 June 2020: Attachment 3

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Item 10: Governance and Finance Committee End of Year Report to 30 June 2020: Attachment 4

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Item 11: Bishop Suter Trust - Adoption of Final Statement of Intent

 

Governance and Finance Committee

27 August 2020

 

 

REPORT R18092

Bishop Suter Trust - Adoption of Final Statement of Intent

     

 

1.       Purpose of Report

1.1       To receive and approve the final Statement of Intent 2020/25 from the Bishop Suter Trust.

 

 

2.       Recommendation

 

That the Governance and Finance Committee

1.     Receives the report Bishop Suter Trust - Adoption of Final Statement of Intent (R18092) and its attachments (A2315613 and A2351670); and

2.     Notes the delivery of the Bishop Suter Trust’s final Statement of Intent 2020/25 as required under the Local Government Act 2002; and

3.     Approves the final Statement of Intent of the Bishop Suter Trust for 1 July 2020 to 30 June 2025.

 

 

 

3.       Background

3.1       The Bishop Suter Trust is a Council Controlled Organisation. The Governance and Finance Committee considered the draft Statement of Intent (SOI) from the Bishop Suter Trust at its meeting on 21 May 2020. The Committee provided the following feedback to the Bishop Suter Trust on its draft SOI 2020/25:

Requests the Board better reflects the Statement of Expectation and considers including a timeline around measurement of carbon emissions and reduction in the Statement of Intent.

4.       Discussion

4.1       The Bishop Suter Trust has amended the draft SOI as requested by the Governance and Finance Committee. A copy of the Letter of Expectation (Attachment 1) and the revised SOI (Attachment 2) are appended to this report. Revisions to the SOI are shown in Attachment 2 using yellow highlights. The main changes are as follows:

4.1.1    An update on programming during the COVID-19 recovery period (section 1.1, p4).

4.1.2    Marketing to international visitors when borders re-open (section 2.2.1, p7).

4.1.3    Implementing a new collections policy and the inclusion of electronic devices (section 2.2.4, p9 and section 3.4, p13).

4.1.4    Periodically meeting with Nelson and Tasman Council staff and representatives (section 2.3, p11).

4.1.5    Reducing visitor targets from 130,000 to 100,000 per annum (section 3.1, p12 and section 5 p16) post COVID-19.

4.1.6    Undertaking an energy and carbons emission audit and developing a management plan (section 3.1, p12 and section 5 p18). This action was specifically requested via resolution when the Committee considered the draft SOI.

4.2       The final SOI was received within statutory timeframes.

5.       Options

 

5.1       The Committee can either approve the SOI as the final version or reject it. 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 Bishop Suter Trust Board has complied with requests for further information from Council, this approach is not recommended.

 

Option 1: Agree to the SOI (Recommended option)

Advantages

·   Gives clarity to the Bishop Suter Trust on direction for the 2020/21 year

Risks and Disadvantages

·   None

Option 2: Decline to agree to the SOI

Advantages

·    Allows the Council to set a different direction

Risks and Disadvantages

·    Lack of clarity for the Bishop Suter Trust

·    Damage to relationship between the Council and the Bishop Suter Trust

6.       Conclusion

6.1       The adoption of the final SOI of the Bishop Suter Trust is supported.

7.       Next Steps

7.1       The Bishop Suter Trust will be notified of the outcome. The SOI will be published on Council’s website.

 

Author:           Mark Preston-Thomas, Manager Community Partnerships

Attachments

Attachment 1:    A2315613: Letter of Expectation to the Bishop Suter Trust

Attachment 2:    A2351670: Suter Revised SOI with Mark Ups

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The preparation of a Statement of Intent is a requirement of Schedule 8 of the Local Government Act.

2.   Consistency with Community Outcomes and Council Policy

The Suter 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 risk that COVID 19 impacts will require further changes to the Statement of Intent and that uncertainties about ongoing impacts will make planning for the next year very difficult. A degree of flexibility will be required during implementation of the Statement of Intent and Officers will update Council on any changes to performance targets that are needed during the year.

4.   Financial impact

The operation of the Suter Gallery is a budgeted activity for the Council.

5.   Degree of significance and level of engagement

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

6.   Climate Impact

This decision will have no impact on the ability of the Council to proactively respond to the impacts of climate change now or in the future. The SOI addresses Council’s expectations around climate response.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report. Iwi are represented on the Trust Board.

8.   Delegations

The Governance and Finance Committee has the following delegation to consider the content of the Statement of Intent:

Areas of Responsibility:

·      Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

 

 


Item 11: Bishop Suter Trust - Adoption of Final Statement of Intent: Attachment 1

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Item 11: Bishop Suter Trust - Adoption of Final Statement of Intent: Attachment 2

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