Supplementary Agenda of Council Meeting

Council Meeting item: 6.1

19 November 2019

TITLE:	Confirmation of Governance Structure, Membership and Councillor Portfolios
ID:	A1257595
From:	Chris Taylor, Governance Support Manager and Linda Harrison, Organisational Project Manager

Executive summary/Whakarāpopototanga

This report presents a governance structure for the 2019-2022 Triennium for council resolution.

It concludes with the recommendations that the council agree councilor membership on the proposed committee, subcommittees and working parties – including their delegations and terms of reference. Recommendations are also made for appointments to collaborative community working groups and other external entities as listed.

Recommendation(s)

1. That the report ‘Confirmation of Governance Structure, Membership and Councillor Portfolios’ by Chris Taylor, Governance Support Manager and Linda Harrison, Organisational Project Manager and dated 7 November 2019, be received.

2. That Northland Regional Council establishes the following committee, subcommittees and working parties:

a. Investment and Property Subcommittee

b. Audit and Risk Subcommittee

c. Water and Land Working Party

d. Climate Change Working Party

e. Te Taitokerau Māori and Council Working Party

f. Biosecurity and Biodiversity Working Party

g. Whangārei Public Transport Working Party

h. Planning and Regulatory Working Party

i. Regional Land Transport Committee

3. That the governance structure established at this meeting be reviewed for effectiveness and possible improvements after six months of operation.

4. That the council appoints the councillor and independent membership to its subcommittees, working parties and joint committees – including the appointment of the Chairperson as ex-officio to all subcommittees and working parties, as set out in the body of this report and attachments.

5. That the Chairperson of each subcommittee, working party and joint committee report to council monthly on their activities.

6. That the Chairperson and Deputy Chairperson of the Regional Transport Committee invite nominations for a representative from each district council and from the NZ Transport Agency, then from these nominations, be delegated the power to identify up to ten (10) required independent appointments to that committee, subject to those persons being suitably qualified and subject also to council’s approval at its next subsequent meeting.

7. That the delegations to, and terms of reference included in this report and relevant attachments be approved for the:

a. Investment and Property Subcommittee

b. Audit and Risk Subcommittee

c. Water and Land Working Party

d. Climate Change Working Party

e. Te Taitokerau Māori and Council Working Party

f. Biosecurity and Biodiversity Working Party

g. Whangārei Public Transport Working Party

h. Planning and Regulatory Working Party

i. Regional Transport Committee

8. That the council appoints councillors to the following Collaborative Community Working Groups in the following roles:

Memberships / Delegation	Councillor
Doubtless Bay Catchment Working Group	Cr Kitchen Community member Chair
Mangere Catchment Working Group	Cr Yeoman Community Member Chair
Ngunguru Catchment Working Group	Cr Macdonald Community Member Chair
Poutō Catchment Working Group	Cr Smart Community Member Chair
Waitangi Catchment Working Group	Cr Robinson Community Member Chair
Whangārei Catchment Working Group	Cr Craw Community Member Chair
Whangārei Heads Pest Management Working Group	Cr Macdonald
Kāeo-Whangaroa River Working Group	Cr Robinson as Chair
Kaihū River Working Group	Cr Bain as Chair
Kerikeri River Working Group	Cr Yeoman as Chair
Ruakākā River Working Group	Cr Stolwerk as Chair
Taumārere River Liaison Working Group	Cr Blaikie and Community Member as Co-Chairs
Urban Whangārei Working Group	Cr Craw as Chair
Awanui River Working Group	Cr Kitchen as Chair

9. That the council confirms the following appointments and delegations to the entities listed in Attachment 1:

Memberships / Delegation	Councillor
Appeals on Regional Plan	Cr Yeoman
Inter council working party on genetically modified organisms risk evaluation and management	No appointment until Regional Plan finalised.
Kaipara Moana Working Party	Crs Smart & Yeoman. Noting that this may become a formalised body post settlement in 2020.
Northland Conservation Board	Shared across council (constituent councillor to attend meeting based on location).
Northland Sports Facilities Plan (Sport Northland)	Cr Stolwerk
Shareholder representative for Northland Marsden Maritime Holdings Ltd (delegating all necessary authority to represent the council’s interest including but not limited to exercising council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions).	Cr Smart
Shareholder representative for Northland Inc Ltd (Delegating all necessary authority to represent the council’s interest including but not limited to exercising the council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions)	Cr Bain
Shareholder representative on Regional Software Holdings Ltd. (Delegating all necessary authority to represent the council’s interest including but not limited to exercising the council’s vote at Annual General Meetings and giving effect to council’s shareholder resolutions)	Cr Smart
Upper North Island Strategic Alliance (UNISA)	Cr Smart
Zone one (LGNZ)	Cr Smart Alternate councillor – Cr Yeoman.

10. That the appointments detailed in recommendation 9 above, endorses that all councilors attending meetings of these entities constitutes as the local authority’s business. Hence appointed members can claim vehicle and travel time allowances.

11. That based on the allocation of responsibilities outlined in the body of this report and Attachment 1 “Proposed New Governance Structure for the 2019-2022 Triennium”, that the pool for higher duties allowance of $580,951 be fully allocated as follows:

a) That the Deputy Chair receives a higher duties allowance of $7,500; bringing the Deputy Chair total salary to $79,181.

b) That remaining councillors receive a higher duties allowance of $17,971, each bringing councillors total salary to $71,681. This is based on the underpinning principle of council that additional duties will be apportioned in such a manner that there will be an equitable workload between councillors.

12. That the higher duties allocation set out above (supplemented by the appropriate supporting information), will be provided to the Remuneration Authority by 20 November 2019.

Background/Tuhinga

Following the election in October 2019, there have been discussions on options for council’s governance structure for the next three years in office. Council now needs to resolve its preferred structure for the 2019-2022 Triennium. Analysis of possible opportunities for improvement on the existing governance structure resulted in the following proposed governance structure.

Memberships and functions

The following membership and functions are proposed for each subcommittee, working party and joint committees. Positions marked as “TBA” (to be appointed) indicate establishment of the position with the appointment yet to be confirmed. Refer to Attachment 1 to this report - “Proposed Governance Structure for the 2019-2022 Triennium” - for further detail including full terms of reference.

Except for the sub-committee delegations detailed below, all other decisions are made by the full council via a recommendation or series of recommendations from the relevant sub-committee, joint committee or working party. For reasons of efficiency and/or expediency, should a subcommittee or working party not be able to perform their functions, the council will assume their role and responsibilities.

Investment and Property subcommittee

Chair: Cr R Stolwerk

Members: Crs J Blaikie, J Bain, C Kitchen

Independent member: G Copstick (non-voting)

Ex officio: Cr P Smart (full voting rights)

Alternate: Cr J Craw

Independent Advisor: J Erickson (non-voting)

· Authority to move investment funds between managed funds within SIPO limits.

· CEO delegation to withdraw and invest short term fund within established delegations.

· Identify manager of new funds for approval by the full council.

· No withdrawal of new funds except from the short term fund

· Authority to authorise CEO to negotiate sale and purchase agreements for property within +/-5% of valuation and provide appropriate recommendations to council for final consideration.

Audit and Risk Subcommittee

Chair: Cr C Kitchen

Members: Crs J Bain, A Macdonald, J Yeoman

Independent members: G Copstick and second independent member TBA (non-voting)

Ex officio: Cr P Smart (full voting rights)

Alternate: Cr J Blaikie

· Make recommendation to council on risk management and H

· health and safety matters

· Monitor and review financial policies and financial performance.

· Recommend new borrowing to council

· Review corporate risk register and risk management plans

Water and Land Working Party

Chair: Cr Blaikie

Members: Crs J Craw, A Macdonald, M Robinson, J Yeoman

Māori Representation: Five members of Te Taitokerau Māori and Council (TTMAC) Working Party

Ex officio: Cr P Smart (full voting rights)

· Provide oversight on activities that contribute to or influence the quality & quantity of water including land management and environmental monitoring.

Climate Change Working Party

Chair: Cr A Macdonald

Members: Crs J Blaikie, J Craw, J Yeoman

Māori Representation: Four members of Te Taitokerau Māori and Council (TTMAC) Working Party

Ex officio: Cr P Smart (full voting rights)

· Provide oversight on the council’s climate change activities and make recommendations on climate change matters.

· Oversee council’s climate change work programme, with key focuses being on, adaptation planning and the development & implementation of a regional adaptation strategy, improving resilience across Northland.

Te Taitokerau Māori and Council (TTMAC) Working Party

Co-chairs: Cr M Robinson and 1 x member of TTMAC

Members: All of Northland Regional Councillors

Māori Representation: 20 Māori representatives TBA

· Monitor and advise on council’s compliance with its legislative obligations to Māori including under the Local Government Act 2002 and the Resource Management Act 1991.

· Provide advice to council on topics referred to it by council.

· Develop pathways (and processes) that will achieve lasting and meaningful relationships between Māori and council.

· Ensure the views of Māori are taken into account in the exercise of council functions.

Biosecurity and Biodiversity Working Party

Chair: Cr J Craw

Members: Crs J Blaikie, M Robinson, R Stolwerk

Māori Representation: Four members of Te Taitokerau Māori and Council (TTMAC) Working Party

Ex officio: Cr P Smart (full voting rights)

· Provide oversight on council’s biosecurity and biodiversity activities.

· Oversee the implementation of the Regional Pest Management Plan (RPMP), Marine Pathway Plan (MPP) and regularly report progress to council.

WDC/NRC Whangārei Public Transport Working Party

Chair: Cr J Bain

NRC Members: Crs J Craw, R Stolwerk

WDC Members Three Whangārei District councillors (WDC) TBA

· Provide oversight on Whangārei public transport issues with the intention of increasing patronage.

· Oversee the integration of city and district planning in relation to public transport issues.

Planning and Regulatory Working Party

Chair: Cr J Yeoman

Members: Crs J Blaikie, A Macdonald, C Kitchen

Māori Representation: Four members of Te Taitokerau Māori and Council (TTMAC) Working Party

Ex officio: Cr P Smart (full voting rights)

· Provide oversight on council’s resource management planning and regulatory activities.

· Oversee the implementation of the Proposed Regional Plan.

· Be the governance entity for the policy implementation of the government’s Essential Freshwater Package.

· Make recommendations to council on appeals and recommendations to accept, adopt or reject private plan change applications.

Te Oneroa-a-Tōhē-Board – Joint committee

Members: Crs C Kitchen and M Robinson

· Develop a Beach Management Plan for Te-Oneroa-a-Tōhē (Ninety Mile Beach).

Civil Defence Emergency Management Committee

Chair: Cr Stolwerk TBC at first meeting

Alternate: Cr C Kitchen

· Co-ordinate planning, programmes, and activities related to civil defence emergency management across the areas of reduction, readiness, response, and recovery;

· Encourage co-operation and joint action within the Northland region.

Regional Transport Committee

Chair: Cr J Bain

Member: Cr R Stolwerk

Alternate: Cr Blaikie

· Prepare Regional Land Transport Plan for council approval;

· Liaise with appropriate road safety bodies and advise council on new initiatives;

· Administer Total Mobility Scheme and report to council as appropriate; and

· Prepare a Regional Public Transport Plan for council approval.

· Recommend the required independent appointments for this committee.

NB: The Civil Defence Emergency Management Committee, established under the Civil Defence and Emergency Management Act, was perpetuated by a resolution of council in September 2010 to allow normal business to continue in the event of a civil defence emergency and therefore does not require a resolution to be established now, nor to have delegations approved.

All subcommittees, working parties and joint committees are required to regularly report progress on their functions to the council.

Considerations

1. Options

No.	Option	Advantages	Disadvantages
1	Establish governance structure and appoint representatives as recommended	Retains “momentum” and allows ongoing workstreams to continue.	Nil
2	Delay establishing governance structure and appointing representative	Provides more time for new council to consider governance structure and who to appoint.	Important workstreams may lose momentum and cause unnecessary delays. The portion of councillor remuneration for additional responsibilities will be delayed.

Staff recommend Option 1 to establish a governance structure and appoint representatives.

2. Significance and engagement

Significance and Engagement PolicyThis is purely an administrative matter and when assessed according to the council’s Significance Policy is deemed to be of low significance.

3. Policy, risk management and legislative compliance

The activities detailed in this report are in accordance with the council’s decision making process and sections 76-82 of the Local Government Act 2002.

Attachments/Ngā tapirihanga

Attachment 1: Final proposed Governance Structure 2019 -2022 Triennium ⇩