Local Government (Auckland Council) Bill
The Speaker declared the House in Committee for further consideration of the Local Government (Auckland Council) Bill.
(In the Committee)
Clauses 1 and 2, Parts 1 to 4, and the Schedule read again.
The sitting was suspended between 12.00 am and 9.00 am.
Thursday, 17 September 2009
(In the Committee)
Clauses 1 and 2, Parts 1 to 4, and the Schedule read again.
The following amendments were put:
Amendments set out on Supplementary Order Paper No 62 (Hon Rodney Hide).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments agreed to.
Clause 2:
To add the following subclause:
(3)
(a)The House of Representatives shall, within 5 years of the commencement of this Act, appoint a select committee to review the operation of this Act since its commencement.
(b)The select committee appointed shall consider the following:
(i)Māori representation on the Auckland Council:
(ii)the functions, powers and responsibilities of the Auckland Council, including both the governing body and the local boards:
(iii)the size and number of local boards:
(iv)the number of councillors:
(v)the number of members on each ward:
(vi)council boundaries:
(vii)ward boundaries:
(viii)the voting system:
(ix)whether any amendments to this Act or any other law are necessary or desirable to improve the governance arrangements for Auckland.
(c)The select committee appointed shall report back to the House of Representatives within 6 months.
(Phil Twyford)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Amendments set out on Supplementary Order Paper No 57 (Hone Harawira).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
The following amendment was tabled:
Amendment set out on Supplementary Order Paper No 58 (Hone Harawira).
Amendment ruled out of order as being contingent on an amendment that had been negatived.
The following amendments were put:
Amendments set out on Supplementary Order Paper No 36 (Hon Mita Ririnui).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Amendments set out on Supplementary Order Paper No 59 (Hone Harawira).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Amendments set out on Supplementary Order Paper No 60 (Hone Harawira).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Amendment set out on Supplementary Order Paper No 61 (Hone Harawira).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Clause 8(1):
To omit “20 members” and substitute “25 members” (Phil Twyford).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Amendments set out on Supplementary Order Paper No 55 (Sue Kedgley).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
New clauses 9A to 9C:
To insert after clause 9 the following clauses:
9A Social Issues Board
(1)This section establishes a Social Issues Board.
(2)The purpose of the Social Issues Board is to set direction for the social well-being policy of the Auckland Council.
(3)Decisions reached by the Social Issues Forum will be binding.
(4)Decisions will be implemented by the Auckland Council, and/or the appropriate government department.
9B Membership of Social Issues Board
(1)The Social Issues Board will include the following:
(a)Minister of Local Government:
(b)Mayor of Auckland:
(c)Chief Executive of the Auckland Council:
(d)Chief Executive of the Ministry of Health:
(e)Chief Executive of the Ministry of Education:
(f)Chief Executive of the Ministry of Social Development:
(g)Commissioner of Police:
(h)Chief Executive of Housing Corporation New Zealand:
(i)members of the relevant Auckland Council social issues committee:
(j)representative from the Māori community:
(k)representative from the Pacific community:
(l)representative from the Asian community.
(2) The Social Issues Board will be chaired by the Mayor of Auckland.
9C Responsibilities of the Social Issues Board
(1)The key functions of the Social Issues Board will include:
(a)responsibility for decisions on the regional social well-being strategy; and
(b)drafting an implementation and funding plan.
(2)Without limiting subsection (1) the Social Issues Board will also be responsible for:
(a)identifying social well-being outcomes for the Auckland region using the community outcomes consultation process set out in the Local Government Act 2002:
(b)developing the regional social well-being strategy that will include prioritising critical social issues for action:
(c)making recommendations to the Minister of Local Government and the Auckland Council for decisions on resource allocation, including the redistribution of resources to address critical social issues:
(d)deciding what government body will take action:
(e)setting outcome targets and monitoring progress on the critical social issues:
(f)engaging with the private sector, non-government organisations and philanthropic agencies.
(Phil Twyford)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New clauses 9A to 9D:
To insert after clause 9 the following new clauses:
9A Auckland Services Performance Auditor
(1)This section establishes the office of the Auckland Services Performance Auditor.
(2)The purpose of the Auckland Services Performance Auditor is to assess whether the Auckland Council is performing adequately in providing high-quality services in a cost-effective manner.
(3)For the purposes of subsection (2), the Auckland Services Performance Auditor has the following powers:
(a)review the adequacy and relevance of Auckland Council controlled organisation performance targets as set out in the statement of intent, and the accuracy of performance reported against those targets:
(b)with respect to council controlled organisations, the Auckland Services Performance Auditor will have the power to:
(i)review service standards set out in their customer service charter, annual customer satisfaction survey results, and customer complaints processes:
(ii)assist the Auckland Council with its three-year reviews of their statements of intent, including the relevance of any targets:
(iii)protect the consumer’s interests and advocate for them in respect of the reliability and affordability of services:
(c)the ability to report publicly on any issue at any time:
(d)to obtain information from all Auckland Council bodies.
9B Powers with respect to Watercare Services Limited
Without limiting section 9A(3), and with respect to Watercare Services Limited, the Auckland Services Performance Auditor will have the power to undertake three-yearly efficiency and effectiveness reviews, incorporating international comparative industry benchmarking and an evaluation of service levels, efficiency, affordability of water, and demand management performance.
9C Appointment of Auckland Services Performance Auditor
(1)The Auckland Services Performance Auditor will be appointed by a majority vote of the governing body of the Auckland Council for a three-year term.
(2)The nomination of candidates will be made jointly by the Chair of the Commerce Commission and the Auditor-General.
9D Auckland Services Performance Auditor Report
Without limiting section 9A(3), the Auckland Services Performance Auditor will be required to produce an annual report assessing the performance of the Auckland Council.
(Phil Twyford)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Clause 12:
To add the following subclauses:
(6)This subsection applies if, at any elections held at the same time for a member or members of the governing body or local board and a member or members of Parliament, a person is declared to be elected as a member of the governing body or local board and that person is also declared to be elected as a member of Parliament.
(7)If subsection (6) applies, the person declared to be elected to both offices must be treated as having vacated office as a member of the governing body or local board.
(8) This subsection applies if, at any election other than an election to which subsection (6) applies, a person who is a member of the governing body or local board is declared to be elected as a member of Parliament.
(9) If subsection (8) applies, the person declared to be elected as a member of Parliament must be treated as having vacated office as a member of the governing body or local board.
(10) Subsections (6) to (9) will expire on 1 November 2010.
(Carol Beaumont)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Parts 1, 2, and 4:
To insert in clause 4 the following definitions in their appropriate alphabetical order:
Child means a person under the age of 18 years
Young person or young people means a person or people of or over the age of 14 years but under 25 years.
To insert after clause 12A the following heading and clauses:
Youth representation
12B Auckland Youth Council
(1)This section establishes an Auckland Youth Council.
(2)The Auckland Youth Council must comprise a representative from each Youth Forum established in section 12C.
(3)The purpose of the Auckland Youth Council is to enable the participation of children and young people of or over the age of 12 years in the decision-making process of Auckland Council.
(4)The Auckland Council must assign one of its members the responsibility of liaising with and providing support to the Auckland Youth Council.
(5)The Auckland Council must provide adequate resources to the Auckland Youth Council for the purposes of this section.
12C Territorial Youth Forums
(1)A Youth Forum is to be established for each local board area. The purposes of the Youth Forums are to—
(a)ascertain the views of children and young people in the local board area; and
(b)provide an opportunity for all children and young people residing in the local board area to openly discuss and form opinions on local board issues on a regular basis; and
(c)elect a young person attending the Youth Forum to present the views and opinions of children and young people within the local board area to the local board and the Auckland Youth Council.
(2)The Local Board must provide adequate resources to the Youth Forum for the purposes of this section.
To insert after clause 13(2)(c) the following paragraph:
(ca)must consult with and consider any views and preferences expressed by their Territorial Youth Forums on matters which affect or may affect youth; and
To insert after clause 13B(2)(c) the following paragraph:
(d)consult with and consider any views and preferences expressed by the Auckland Youth Council if the decision affects or may affect the people represented by those groups.
To add after clause 13B(2) the following subsection:
(3)
(a) In addition to the requirements described in subsection (2)(d) the governing body is required to meet with the Auckland Youth Council a minimum of once every 3 months:
(b) further, it is explicitly recognised that the governing body will consult and consider any views and preferences expressed by the Auckland Youth Council in the development of the LTCCP and the annual plan.
To add the following clause:
25 New section 13(5) inserted
The following subsection is inserted after subsection (4):
“(5)The Auckland Transition Agency must take into account the views of children and young people, and the youth councils and forums of existing local authorities, when decision-making.”
(Jacinda Ardern)
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Parts 1, 2 and 4:
To insert after clause 12A the following clause:
12B Asian Advisory Board
(1)This section establishes an Asian Advisory Board.
(2)The purpose of the Asian Advisory Board is to:
(a)perform an advisory role for the governing body in relation to its decisions relating to the Asian community:
(b)represent the views of the Asian community:
(c)enable the participation of the Asian community in the decision-making process of Auckland Council:
(3A)Membership of the Board will be determined by the governing body in consultation with Asian communities and community leaders within the Auckland region.
(4)The Asian Advisory Board will have no fewer than 4 members, appointed by a majority vote of the governing body.
(5)The Auckland Council must provide adequate resources to the Asian Advisory Board sufficient for the purposes of this section.
To add after clause 13B(2)(c) the following paragraph:
(d)consult with and consider any views and preferences expressed by the Asian Advisory Board if the decision affects or may affect the people represented by those groups.
To insert after clause 13B(2) the following subclause:
(3) In addition to the requirements described in subsection (2)(d) the governing body is required to meet with the Asian Advisory Board a minimum of once every 3 months.
(a) Further, it is explicitly recognised that the governing body will consult and consider any views and preferences expressed by the Asian Advisory Board in the development of the LTCCP and the annual plan.
To insert after clause 24 the following clause:
25 New section 13(5) inserted
The following subsection is inserted after subsection (4):
“(5)The Auckland Transition Agency must take into account the views of the Asian community and existing Asian Advisory Boards, when decision-making.”
(Raymond Huo)
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Parts 1, 2 and 4:
To insert after clause 12A the following clause:
12B Pacific Advisory Board
(1)This section establishes a Pacific Advisory Board.
(2)The purpose of the Pacific Advisory Board is to:
(a)perform an advisory role for the governing body in relation to its decisions relating to the Pacific Island Community:
(b)represent the views of the Pacific Island Community:
(c)enable the participation of the Pacific Island community in the decision-making process of Auckland Council.
(3)Membership of the Board will be determined by the governing body in consultation with Pacific communities and Pacific leaders within the Auckland region.
(4)The Pacific Advisory Board will have no fewer than 4 members, appointed by a majority vote of the governing body.
(5)The Auckland Council must provide adequate resources to the Pacific Advisory Board sufficient for the purposes of this section.
To insert after clause 13B(2)(c) the following paragraph:
(d)consult with and consider any views and preferences expressed by the Pacific Advisory Board if the decision affects or may affect the people represented by those groups.
To add after clause 13B(2) the following subclause:
(3) In addition to the requirements described in subsection (2)(d) the governing body is required to meet with the Pacific Advisory Board a minimum of once every 3 months.
(a) Further, it is explicitly recognised that the governing body will consult and consider any views and preferences expressed by the Pacific Advisory Board in the development of the LTCCP and the annual plan.
To add after clause 24 the following clause:
25 New section 13(5) inserted
The following subsection is inserted after subsection (4):
“(5)The Auckland Transition Agency must take into account the views of the Pacific community and existing Pacific Advisory Boards, when decision-making.”
(Su’a William Sio)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
The following amendments were tabled:
Clause 18:
To omit from subclause (1A)(a)(i) “generally follows a line between the mouth of the Puhoi River and the mouth of the Makarau River; and”, and substitute the following:
maintains the current northern boundary of the Rodney District as described in the Local Government (Auckland Region) Reorganisation Order 1989 (Gazette 1989 p 2253).
To omit subclause (1A)(a)(ii).
To omit subclause (1A)(b).
To omit paragraph (1A)(c).
(Hon George Hawkins)
Amendments ruled out of order as being inconsistent with a previous decision of the Committee.
Clause 18:
To omit from subclause (1A)(a)(i) “the mouth of the Puhoi River and the mouth of the Makarau River” and substitute “Tauhoa in the west, through Dome Valley and Totara Peak Scenic Reserve, to Pakiri Beach in the east” (Sue Bradford).
Amendment ruled out of order as being inconsistent with a previous decision of the Committee.
The following amendments were put:
Clause 18:
To omit from subclause (3)(a) “may undertake the investigations and consult the persons that it thinks desirable; but” and substitute “must consult with those persons effected by the draft determination”.
To omit subclause (3)(b).
Clause 19:
To add after clause 19(3)(h), the following paragraph:
(i)those persons affected by the draft determination have been consulted.
(Hon George Hawkins)
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Clause 19(1)(e):
To omit “divide Auckland into wards” and substitute “divide Auckland into 25 wards”.
To omit from subparagraph (i), “number”.
To omit subparagraph (ii).
(Phil Twyford)
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Clause 19(1)(e)(ii):
To omit “determine the number of elected members for each ward” and substitute “ensure that each ward has no more than 2 elected members” (Phil Twyford).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Clause 19(3)(a):
To omit “20 but no more than 30” and substitute “14 but no more than 20” (Phil Twyford).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Amendment set out on Supplementary Order Paper No 53 (Sue Kedgley).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
The following amendment was tabled:
To add the following new subpart:
Subpart 3—Protection of assets
21A Restriction on sale or privatisation of Auckland local body assets
(1)No Auckland local authority shall—
(a)sell or otherwise dispose of, or sell any equity securities in; or
(b)surrender any voting rights in; or
(c)relinquish any right to appoint trustees, directors, or managers (however described) of any asset or organisation listed in subsection 21A(3) of this Act unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.
(2)No Auckland local authority shall sell or otherwise dispose of any parks, swimming pools, public libraries, or public housing assets, except in a business as usual transaction as part of normal portfolio management, unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.
(3)For the purposes of section 21A(1), assets and organisations are limited to the following:
Auckland Regional Transport Authority
Auckland Regional Holdings Ltd
America’s Cup Village Limited
Ports Of Auckland Limited
Tourism Auckland & Visitor Trust
Sea+City Projects Limited
Metro Water Ltd
Auckland International Airport Ltd
Watercare Services Ltd
Auckland Regional Transport Network Ltd
NSC Holdings Ltd
12 North Shore Domain and North Harbour Stadium
North West Auckland Airport Ltd
Enterprise North Shore
Waitemata Harbour Clean-Up Trust
The Safer Papakura Trust
Proudly Papakura Trust
Manukau City Investments Ltd
Manukau Water Ltd
Tomorrow’s Manukau Properties Ltd (“TMPL”)
TMPL (Flatbush) Ltd
Waste Disposal Services
Manukau Building Consultants Ltd
Manukau City Investments Ltd
Manukau Leisure Services Ltd
Manukau Education & Employment Trust
The City of Manukau Education Trust
Pakuranga Arts & Cultural Trust
Highbrook Park Trust
Manukau Beautification Charitable Trust
Te Puru Community Trust
Counties Manukau Pacific Trust
John Walker “Find Your Field Of Dreams” Foundation
Waitakere City Holdings Ltd
Waitakere Properties Ltd
Waitakere Enterprise Trust
Prime West Ltd
Prime West Management Ltd
Araparera Forestry Management Ltd
Franklin Arts, Culture & Library Trust
Local Authority Shared Services Ltd
(4) In this section, “Auckland local authority” includes:
(a)Auckland City Council; or
(b)Auckland Regional Council; or
(c)Franklin District Council; or
(d)Manukau City Council; or
(e)North Shore City Council; or
(f)Papakura District Council; or
(g)Rodney District Council; or
(h)Waitakere City Council; or
(i)Auckland Transitional Authority (as established by the Local Government (Auckland Reorganisation) Act 2009); or
(j)Any successor body to any of the above.
(Phil Twyford)
Amendment ruled out of order as being outside the scope of the bill.
The following amendment was put:
Amendment set out on Supplementary Order Paper No 54 (Sue Bradford).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
The following amendments were tabled:
Clause 23A:
To omit “First Past the Post” and substitute “Single Transferable Voting” (Phil Twyford).
Amendment ruled out of order as being the same in substance as a previous amendment.
New clause 25:
To add the following clause:
25 New sections 37 to 45 added
The following sections are inserted after section 36:
“37 Provisional Personnel Provisions of Auckland Council and Auckland Transition Agency—General principles
“(1)The Transition Agency and new Auckland Council must—
“(a) operate a personnel policy that complies with the principle of being a good employer; and
“(b) make that policy (including the equal employment opportunities programme) available to its employees; and
“(c) ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.
“(2) For the purposes of this section, a good employer is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
“(a) good and safe working conditions; and
“(b) an equal employment opportunities programme; and
“(c) the impartial selection of suitably qualified persons for appointment; and
“(d) recognition of—
“(i)the aims and aspirations of the Māori people; and
“(ii)the employment requirements of the Māori people; and
“(iii) the need for greater involvement of the Māori people in Auckland public affairs; and
“(e) opportunities for the enhancement of the abilities of individual employees; and
“(f) recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and
“(g) recognition of the employment requirements of women; and
“(h) recognition of the employment requirements of persons with disabilities.
“(3)In addition to the requirements, specified in subsections (1) and (2) of this section, the chief executive shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.
“(4)This part applies for three years from the commencement of this Act.
“38 Equal employment opportunities
“(1) For the purposes of section 101 of this Act, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group of persons.
“39 Employee context
“(1) In this part an employee of a local government, does not include a person who, in the context of local government employment, is a casual or temporary employee, other than a long term casual or temporary employee, of the local government.
“(2) In this section long term casual or temporary employee, of a local government, means a casual or temporary employee of the local government who has been employed by the local government, or by the local government and its predecessor local government, on a regular and systematic basis, for several periods of employment, for at least 1 year immediately before the issue arises as to whether the employee is a long term casual or temporary employee
“40 Appointments on merit
The chief executive, in making any personnel appointments, shall give preference to the person who is best suited to the position.
“41 Acting appointments
“(1)In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Auckland Transition Agency or Auckland Council (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the chief executive to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
“(2) No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee has not been appointed to any position to which the direction relates.
“42 Application of part 10 for transferring employees
“(1) For employees transferring to the new Auckland Council, this part applies to any local government in the Auckland Region as defined in Part 1.
“(2) For employees transferring to the new Auckland Council, this part applies to a person as an employee of a local government, other than the chief executive officer of a local government.
“43 Prohibition on retrenchment because of reform matter implementation
“(1) A local government must not take any action to end an employee’s employment with the local government if the action is taken, whether completely or partly and whether directly or indirectly, because of the taking effect under this Act.
“(2) For deciding whether a local government has contravened subsection (1), the reason given by a local government for taking action to end a person’s employment must be considered but is not conclusive.
“44 Local government workforce transition code of practice
“(1) The Minister will approve codes of practice (workforce transition codes of practice) directed at ensuring the proper transition of local government workforces from any existing local government to any new or adjusted local government as in existence after the changeover day for the new or adjusted local government area.
“(2) Without limiting subsection (1), a workforce transition code of practice may establish employment terms and conditions for employees, that are consistent with—
“(a) firstly, the essential principles stated in subsection (3); and
“(b) secondly, the supporting principles stated in subsection (3).
“(3) The essential principles are that—
“(a)service delivery levels should be maintained or enhanced; and
“(b)as far as possible, the locations at which local government employees perform their work should not be changed.
“(4) The supporting principles are that—
“(a) employment security for local government employees should be maximised;
“(b)local government staff should be retained to the maximum extent achievable;
“(c) the impact of reform matters on local government employees should be minimised;
“(d) there should be maximum employee involvement in the implementation of the reform matters as they affect employees;
“(e)contracts of employment should be honoured;
“(f)there should be maximum support given to employees;
“(g) employees should be treated fairly and with respect;
“(h) merit and equity should apply in all appointments;
“(i) there should be prompt and sensitive dispute resolution;
“(j) there should be no overall loss of employment across the local government employment sector;
“(k)there should be no overall reduction in working conditions for any employee;
“(l) there should be no overall disadvantage to an employee in relation to the employee’s working conditions.
“(5) It is the responsibility of each local government to ensure, to the extent a workforce transition code of practice applies to the local government, that the local government acts in conformity with the code of practice.
“(6) A workforce transition code of practice, whether made before or after the commencement of this subsection, is not subordinate legislation, but is a statutory instrument.
“45 When workforce transition code of practice takes effect
“(1)The Minister must notify the House of making of a workforce transition code of practice.
“(2)A workforce transition code of practice takes effect—
“(a) on the day the Minister’s notice is notified or published in the Gazette; or
“(b) if a later day is stated in the Minister’s notice or the workforce transition code of practice, on that day.”
(Phil Twyford)
Amendment ruled out of order as being outside the scope of the bill.
Schedule:
To omit part 1 of the Schedule (Hon George Hawkins).
Amendment ruled out of order as being the same in substance as a previous amendment.
On the question, That clauses 1 and 2, Parts 1 to 4, and the Schedule, as amended, stand part, the votes were recorded as follows:
Resolved, That clauses 1 and 2, Parts 1 to 4, and the Schedule, as amended, stand part.
The Chairperson announced that the Local Government (Auckland Council) Bill would be reported with amendment.
