Agenda of Council Meeting - Tuesday, 22 November 2022

Council Meeting item: 7.1

22 November 2022

TITLE:	Confirmation of governance structure, membership and councillor portfolios
From:	Chris Taylor, Governance Specialist and Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement
Authorised by Group Manager/s:	Jonathan Gibbard, Tāhūhū Rangapū - Chief Executive Officer and Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on 17 November 2022

Executive summary/Whakarāpopototanga

This report presents the proposed governance structure for the 2022-2025 Triennium for council’s formal consideration.

It concludes with the recommendations that the council approves the proposed governance structure and membership, including the delegations and terms of reference where relevant. Recommendations are also made for appointments to River Liaison Groups and councillor portfolios.

Recommendations

1. That the report ‘Confirmation of governance structure, membership and councillor portfolios’ by Chris Taylor, Governance Specialist and Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and dated 4 November 2022, be received.

2. That Northland Regional Council establishes the following committees, subcommittees and working parties and approves the Terms of Reference for each (as detailed in Appendix One):

a. Regional Land Transport Committee^{^[1]}

b. Investment and Property Subcommittee

c. Audit and Risk Subcommittee

d. Natural Resources Working Party

e. Biosecurity and Biodiversity Working Party

f. WDC/NRC Whangārei Public Transport Working Party

3. That the Northland Regional Council reaffirms the continuation of the Te Taitokerau Māori and Council Working Party (TTMAC) - that was deemed by the previous council not to be discharged on the coming into office of the council elected at the October 2022 triennial elections - and its Terms of Reference (as detailed in Appendix Seven).^{^[2]}

4. That the Terms of Reference for joint committees and the Te Taitokerau Māori and Council Working Party be reviewed by the respective joint committees and TTMAC at their first meeting. Any amendments agreed upon are to be brought back to respective councils for ratification.

5. That the council approves the membership of the subcommittees, joint committees and working parties, 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.

6. That the Chairperson of each committee, subcommittee and working party report verbally to council monthly on their activities at the ordinary council meeting.

7. That the council appoints councillors to the following River Working Groups in the following roles:

Memberships / Delegation	Councillor
Kāeo-Whangaroa River Working Group	Cr M Robinson as Chair (Alternate Cr J Carr)
Kaihū River Working Group	Cr J Blackwell as Chair
Kerikeri River Working Group	Cr J Carr as Chair (Alternate Cr M Robinson)
Ruakākā River Working Group	Cr R Stolwerk as Chair
Taumārere River Working Group	Cr G Crawford and Community Member as Co-Chairs (Alternate Cr J Carr)
Urban Whangārei Working Group	Cr J Craw as Chair
Awanui River Working Group	Cr J Carr as Chair (Alternate Cr P Jones)

8. That the council confirms the following councillor portfolios:

Memberships / Delegation	Councillor
Appeals on Regional Plan	Cr A Macdonald
Kaipara Moana Working Party	Cr T Shortland and Cr P Jones
Northland Conservation Board	Cr G Crawford
Northland Sports Facilities Plan (Sport Northland)	TBA at such time Sport Northland has confirmed its governance arrangements.
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 T Shortland
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 P Jones
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 T Shortland
Upper North Island Strategic Alliance (UNISA)	Cr T Shortland
Zone one (LGNZ)	Cr T Shortland

9. That the appointments detailed in recommendations 7 and 8 above constitutes as the local authority’s business. Hence appointed members can claim vehicle and travel time allowances.

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

11. That based on the allocation of responsibilities outlined in the body of this report and Attachment One “Proposed New Governance Structure for the 2022-2025 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 $10,000, bringing the Deputy Chair total salary to $81,368.88.

b) That remaining councillors receive a higher duties allowance of $17,658.88 each, bringing councillors total salary to $71,368.88. 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), be provided to the Remuneration Authority.

13. That council appoints Councillor Simon Reid (principal) and Councillor Phil Halse (alternate) to represent the Whangarei District Council on the Regional Transport Committee^{^[3]} (noting that Far North and Kaipara District councils representatives will be brought to council for formal endorsement on receipt of nomination).

Options

No.	Option	Advantages	Disadvantages
1	Establish governance structure and appoint representatives as recommended	Retains “momentum” and allows ongoing workstreams to continue.	None apparent. With a review in ten months’ time there is an opportunity to refine the structure if necessary.
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 staff’s recommended option is 1 - to establish a governance structure and appoint representatives.

Considerations

1. Significance and engagement

Given the administrative nature of the decisions being sought by this report, when assessed according to the council’s Significance Policy is deemed to be of low significance.

2. 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.

Council’s governance structure provides the critical framework for council to deliver on its priorities and sets the foundation for robust discussion and decision making during the triennium which encompasses all the remaining considerations (Climate Impact, Environmental Impact, Community Views, Māori Impact Statement, Financial Implications and Implementation Implications are not applicable).

Background/Tuhinga

Following the election in October 2022 there have been several workshop 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 2022-2025 Triennium. Analysis of possible opportunities for improvement on the previous governance structure resulted in the following proposed governance structure.

Memberships and functions

The following membership and functions are proposed for each committee, subcommittee and working party. Positions marked as “TBA” (to be appointed) indicate establishment of the position with the appointment yet to be confirmed. Refer to the attachments to this report for the full terms of reference for each statutory committee, joint committee, subcommittee and working party.

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.

Statutory Committees

Te Oneroa-a-Tōhē-Board – Joint committee

Members: Crs J Carr and P Jones

· Oversee the implementation of the Beach Management Plan for Te-Oneroa-a-Tōhē (Ninety Mile Beach).

· To provide governance and direction to all those who have a role in, or responsibility for, the Te Oneroa-a-Tohe management area, in order to protect and enhance environmental, economic, social, cultural, and spiritual well-being within that area for the benefit of present and future generations.

Civil Defence Emergency Management Committee

Member: Cr J Craw

Alternate: Cr R Stolwerk

· 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 Carr

Deputy Chair: Cr J Blackwell

Alternate: Cr P Jones

· 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.

Joint Committees

Joint Climate Change Committee

The Joint Climate Change Adaptation Committee is a standing committee made up of elected members from all the Northland councils and representatives from Northland hapū and iwi.

Member: Cr A Macdonald

Alternate: Cr J Craw

NRC iwi/hapū representative: TBA (previously Rihari Dargaville and Alternate Thomas Hohaia)

· Provide direction and oversight of the development and implementation of climate change adaptation activities by local government in Te Taitokerau

· Receive advice and provide direction and support to Climate Adaptation Te Taitokerau

· Make recommendations to member councils to ensure a consistent regional approach is adopted to climate change adaptation activities

Kaipara Moana Remediation Joint Committee

The Kaipara Moana Remediation Joint Committee consists of 6 appointed Kaipara Uri entities, three elected members appointed by Auckland Council and three elected members appointed by NRC.

Members: Crs J Blackwell, J Craw, A Macdonald

· Provide stewardship and governance over the expenditure of the Crown Grant and council funding, as well as contributions from land-owners

· Commissioning and approving remediation budgets and work-plans for the Kaipara Moana Remediation programme

Joint Regional Economic Development Committee

Members: Crs P Jones, M Robinson

District Council Representation: Two members from the Far North District Council and two members from the Kaipara District Council.

Make the decisions necessary as shareholders of Northland Inc (including the appointment of directors and the development of the Statement of Intent)

· Make funding allocations from the Investment and Growth Reserve (including operational funding of Northland Inc).

· Receive advice and provide direction and support to economic development in Northland and makes recommendations to member councils to ensure a consistent regional approach.

Subcommittees

Investment and Property subcommittee

Chair: Cr R Stolwerk

Members: Crs J Blackwell, J Craw, G Crawford, P Jones (Chair of A & R Subcommittee)

Independents: J Erickson (Independent Consultant) and S Henderson (Independent Financial Advisor) and TBA (Independent Risk Advisor)

Māori Representation: Two (2) Independent Tangata Whenua Members (TBA)

Ex officio: Chair T Shortland

· 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.

Audit and Risk Subcommittee

Chair: Cr P Jones

Members: Crs A Macdonald, Cr J Carr, Cr M Robinson, Cr R Stolwerk (Chair of I & P Subcommittee)

Independents: S Henderson (independent Financial Advisor) and TBA (Independent Risk Advisor)

Māori Representation: Two (2) Independent Tangata Whenua Members (TBA).

Ex officio: Chair T Shortland

· Make recommendation to council on risk management and 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

Working parties

Natural Resources Working Party

Chair: Cr A Macdonald

Members: Crs J Carr, G Crawford, M Robinson

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

Ex officio: Cr T Shortland

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

· 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 Essential Freshwater.

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

Te Taitokerau Māori and Council (TTMAC) Working Party

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

Members: All of Northland Regional Council councillors

Māori Representation: 21 Māori representatives

· 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 G Crawford

Members: Crs J Blackwell, J Craw, M Robinson

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

Ex officio: Cr T Shortland

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

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

WDC/NRC Whangārei Public Transport Working Party

NRC Members: Crs J Carr (Chair of RTC), J Craw, R Stolwerk

WDC Members 3 x WDC Crs (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.

Attachments/Ngā tapirihanga

Attachment 1: Proposed TOR Regional Transport Committe ⇩

Attachment 2: Proposed TOR Investment and Property Subcommittee ⇩

Attachment 3: Proposed TOR Audit and Risk Subcommittee ⇩

Attachment 4: Proposed TOR Natural Resources Working Party ⇩

Attachment 5: Proposed TOR Biosecurity and Biodiversity Working Party ⇩

Attachment 6: Proposed TOR Whangarei Public Transport Working Party ⇩

Attachment 7: TOR Te Taitokerau Maori and Council Working Party ⇩

Council Meeting ITEM: 7.2

22 November 2022Attachment 1

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