Strategic Capability Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Strategic Capability Committee will be held on:

 

Date:                                     Thursday 8 June 2017

Time:                                    3pm

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor David East

Councillor Raf Manji

 

 

2 June 2017

 

 

 

Principal Advisor

Brendan Anstiss

General Manager Strategy & Transformation

Tel: 941 8472

 

Christopher Turner-Bullock

Committee Advisor

941 8233

Christopher.Turner@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Strategic Capability Committee

08 June 2017

 

Strategic Capability Committee - Terms of Reference

 

 

Chair

Mayor Dalziel

Membership

Deputy Mayor Turner (Deputy Chair)

The Chairpersons of the following committees:

·         Finance and Performance Committee

·         Innovation and Sustainable Development Committee

·         Social and Community Development Committee

·         Infrastructure, Transport and Environment Committee

·         Regulatory Performance Committee

 

Independent Member to be appointed by the Council

 

Quorum

Half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

Meeting Cycle

Monthly.

Reports To

Council

 

 

Responsibilities

The focus of the Strategic Capability Committee is to ensure alignment across Council committees, the organisation and Crown partners

 

The Strategic Capability Committee is responsible for:

·         Advising and supporting the Mayor to lead the development of the Long Term Plan and Annual Plan, including setting the overall parameters, strategic direction and priorities, and the development of a consultation document.

·         Leading and overseeing the Council’s strategic relationship with the Crown.

·         Leading and overseeing specific strategic projects of shared interest and interface with the Crown, including the Cost Share Agreement and matters under the Greater Christchurch Regeneration Act.

·         Matters relating to the performance of the Chief Executive, including appointment and succession planning as may be necessary from time to time. 

·         Organisational capability, workforce planning and development

·         Council remuneration and employment policy.

 

 

 

 

 


Strategic Capability Committee

08 June 2017

 

Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

C       1.       Apologies.......................................................................................................................... 4

B       2.       Declarations of Interest................................................................................................... 4

C       3.       Confirmation of Previous Minutes................................................................................. 4

B       4.       Deputations by Appointment........................................................................................ 4

B       5.       Presentation of Petitions................................................................................................ 4

STAFF REPORTS

a       6.       Amendments to Delegations.......................................................................................... 9

C       7.       Resolution to Exclude the Public................................................................................. 21  

 

 


Strategic Capability Committee

08 June 2017

 

 

1.   Apologies

An apology for absence from the Mayor.

2.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

3.   Confirmation of Previous Minutes

That the minutes of the Strategic Capability Committee meeting held on Thursday, 11 May 2017 be confirmed (refer page 5).

4.   Deputations by Appointment

There were no deputations by appointment at the time the agenda was prepared. 

5.   Presentation of Petitions

There were no petitions received at the time the agenda was prepared.  


Strategic Capability Committee

08 June 2017

 

 

 

Strategic Capability Committee

Open Minutes

 

 

Date:                                     Thursday 11 May 2017

Time:                                    3.02pm

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor David East

Councillor Raf Manji

 

 

11 May 2017

 

 

 

Principal Advisor

Brendan Anstiss

General Manager Strategy & Transformation

Tel: 941 8472

 

Christopher Turner-Bullock

Committee Advisor

941 8233

christopher.Turner@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 


Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

 

The agenda was dealt with in the following order.

1.   Apologies

That the apology for lateness from Councillor East be received.

 

Councillor Manji/Deputy Mayor                                                                                                                          Carried

2.   Declarations of Interest

Part B

There were no declarations of interest recorded.

3.   Deputations by Appointment

Part B

There were no deputations by appointment.

4.   Presentation of Petitions

Part B

There was no presentation of petitions.

 

5.   Christchurch Economic Development Strategy

 

Committee Comment

1.         Anna Elphick, Strategy and Performance Manager of Canterbury Development Corporation, joined staff at the table to present the report to the Committee.

2.         During the discussion of the Strategy, the Committee requested staff present an updated attachment, to take into account the changes requested regarding education and young people in the city. This attachment will be included in the Part A report to Council on 1 June 2017

 

Committee Decided SCCM/2017/00001

Part A

That the Strategic Capability Committee recommends that the Council:

1.         Approves the Christchurch Economic Development Strategy for implementation.

2.         Approves that the Strategic Capability Committee receive progress reports on implementation of the Christchurch Economic Development Strategy.

3.         Agrees that further detailed progress reporting be undertaken annually through the Council’s Strategy Progress Report.

4.         Notes that Council officers are already working with ChristchurchNZ to establish an appropriate senior officials steering group to oversee the implementation of the Strategy.

Councillor Manji/Deputy Mayor                                                                                                                           Carried

 

6     Resolution to Exclude the Public

 

Committee Resolved SCCM/2017/00002

Part C

That at 3.46pm the resolution to exclude the public set out on pages 43 to 44 of the agenda be adopted.

Mayor/Councillor East                                                                                                                                                 Carried

 

The public were re-admitted to the meeting at 4.32pm and which time the meeting concluded.

   

 

CONFIRMED THIS 8TH DAY OF JUNE 2017

 

Mayor Lianne Dalziel

Chairperson

   


Strategic Capability Committee

08 June 2017

 

 

6.        Amendments to Delegations

Reference:

17/364345

Contact:

Vivienne Wilson

vivienne.wilson@ccc.govt.nz

941 8963

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Strategic Capability Committee to recommend to Council that it make the changes to delegations to staff as outlined in this report.

Origin of Report

1.2       This report is staff generated. 

2.   Significance

2.1       The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

 

3.   Staff Recommendations

That the Strategic Capability Committee recommend that the Council:

1.         Relying on clause 32 of Schedule 7 of the Local Government Act 2002 and for the purposes of the efficiency and effectiveness in the conduct of the Council’s business, and relying on sections 34 and 34A of the Resource Management Act 1991, and any other applicable statutory authority,

a.         delegate to the persons set out in Attachment A (as so highlighted) the responsibilities, duties and powers as shown; and

b.         amend the delegations as set out in Attachment A (as so shown). 

 

4.   Key Points

4.1       This report supports the Council's Long Term Plan (2015 - 2025):

4.1.1   Activity: Housing

·     Level of Service: 18.0.1 Provide a portfolio of Social Housing rental units that are fit for purpose

4.1.2   Activity: Resource Consenting

·     Level of Service: 9.2.6 Ensure resource consent decision-making is robust and legally defendable

4.1.3   Activity: Road Operations

·     Level of Service: 10.0.22 The temporary traffic management system supports the city rebuild whilst minimising impact on the transport network

4.2       The following feasible options have been considered:

·     Option 1 – Amend the delegations to staff as outlined in this report (preferred option)

·     Option 2 – Do not amend the delegations to staff as outlined in this report.

4.3       Option Summary - Advantages and Disadvantages (Preferred Option)

4.3.1   The advantages of this option include:

·     Staff have the necessary delegations in place to act on any matter before the Council (except for those matters specifically reserved to the Council).  This reduces legal risk to the Council that staff members may be acting without the necessary and appropriate delegated authority.

·     Some new delegations to staff provide the efficiency and effectiveness of the organisation.

4.3.2   The disadvantages of this option include:

·     There are no identified disadvantages.  Given that the Council has already determined to delegate most of these matters in the past, this changes will keep the Delegations Register current and fit for purpose.

5.   Context/Background

5.1       The Legal Services undertook a comprehensive review of the Delegations Register in 2014-2015.  On 10 December 2015, the Council resolved to make a new suite of delegations to the Chief Executive and other staff, and also resolved to adopt a new Delegations Register. 

5.2       The register is set out as follows:

·   Contents

·   How this delegation register works

·   Delegations policy

·   Part A – Statutory and Other Delegations to the Chief Executive

·   Part B – Statutory and Other Delegations to Staff

·   Part C – Statutory and Other Delegations from the Chief Executive to Staff

·   Part D – Council to Community Boards, Committees, Sub-Committees, and Other Subordinate Decision-making Bodies

5.3       Part A contains the principal delegation to the Chief Executive.  The Chief Executive has, for the purpose of performing her duties, all of the Council’s responsibilities, duties, and powers to act on any matter, subject to specific restrictions set out in the tables in Part A.  The Chief Executive may then sub-delegate a large number of matters to staff.  These sub-delegations are set out in Part C of the register, and are updated regularly. 

5.4       Part B of the register provides for delegations directly to staff because the law does not allow for sub-delegations of these matters, or it has been determined to delegate these matters directly to staff.  For example, delegations under the Resource Management Act 1991 (RMA) or the Local Government (Rating) Act 2002.

5.5       Part D of the Register contains the delegations to Community Boards, Council Committees, Officer Subcommittees, Hearings Panels and other subordinate decision-making bodies of the Council. 

5.6       Staff have identified a number of changes that need to be made to the register in Parts B and D.  These changes largely relate to changes in legislation or changes in position titles.

5.7       The Local Government Act 2002 (LGA) emphasises that delegations are made for the purposes of efficiency and effectiveness of the organisation.  The Council’s Delegations Policy states that the Council supports the principle of delegating decision-making to the lowest competent level.

6.   Option 1 – Amend the delegations to staff (preferred)

Option Description

6.1       Amend the delegations to staff as outlined in this report and shown in Attachment A.

Significance

6.2       The level of significance of this option is low consistent with section 2 of this report.

Impact on Mana Whenua

6.3       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.4       The community views are not specifically affected by this option because it relates to internal Council processes. 

Alignment with Council Plans and Policies

6.5       This option is consistent with Council’s Plans and Policies

Financial Implications

6.6       Cost of Implementation – there is minimal staff costs to implement this change in delegations.

Legal Implications

6.7       Clause 32(1) of Schedule 7 of theLGA provides a general power of delegation as follows: 

Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except—

(a)       the power to make a rate; or

(b)       the power to make a bylaw; or

(c)       the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d)       the power to adopt a long-term plan, annual plan, or annual report; or

(e)       the power to appoint a chief executive; or

(f)        the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

(g)       [Repealed]

(h)       the power to adopt a remuneration and employment policy.

 

6.8       Sections 34 and 34A of the RMA set out the powers of the Council to make delegations of functions, powers and duties under the Act.  Section 34A provides as follows:

(1)       A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:

(a)       the approval of a proposed policy statement or plan under clause 17 of Schedule 1:

(b)       this power of delegation.

(2)       A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:

(a)       the powers in subsection (1)(a) and (b):

(b)       the decision on an application for a resource consent:

(c)       the making of a recommendation on a requirement for a designation.

 

6.9       The proposed changes to the delegations do not infringe the restrictions in the LGA or the RMA.

Risks and Mitigations

6.10    Risk – there are no identified risks caused by this option. 

Implementation

6.11    Implementation timeframe - the amended delegations will be recorded in the Council’s Delegations Register by the Legal Services Unit as soon as possible.  The amended delegations will be exercised as and when required.

Option Summary - Advantages and Disadvantages

6.12    The advantages of this option include:

·   Staff have the necessary delegations in place to act on any matter before the Council (except for those matters specifically reserved to the Council).  This reduces legal risk to the Council that staff members may be acting without the necessary and appropriate delegated authority.

6.13    The disadvantages of this option include:

·   There are no identified disadvantages.  Given that the Council has already determined to delegate these matters in the past, this changes will keep the Delegations Register current and fit for purpose.

7.   Option 2 – Do not amend the delegations to staff

Option Description

7.1       Do not amend the delegations to staff as outlined in this report.

Significance

7.2       The level of significance of this option is low consistent with section 2 of this report.

Impact on Mana Whenua

7.3       This option does no involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.4       The community views are not specifically affected by this option because it relates to internal Council processes. 

Alignment with Council Plans and Policies

7.5       This option is consistent with Council’s Plans and Policies

Financial Implications

7.6       Cost of Implementation - there are no implementation costs with this option

7.7       Maintenance / Ongoing Costs – as above.

7.8       Funding source – as above.

Legal Implications

7.9       If the Council does not amend the delegations as indicated in Attachment A, there is a risk that staff will be acting without delegated authority.

Risks and Mitigations

7.10    As noted above, if the Council does not amend the delegations as indicated in Attachment A, there is a risk that staff will be acting without delegated authority. This increases the legal risk for the Council.

Implementation

7.11    Implementation dependencies - as above.

Option Summary - Advantages and Disadvantages

7.12    The advantages of this option include:

·   There are no identified advantages of this option.

7.13    The disadvantages of this option include:

·   Staff could act without the appropriate delegated authority.  

 

Attachments

No.

Title

Page

a

Amendments to Delegations

15

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Vivienne Wilson - Senior Solicitor

Approved By

John Higgins - Head of Resource Consents

Bruce Rendall - Head of Facilities, Property and Planning

Rob Goldsbury - Head of Legal Services

Anne Columbus - General Manager Corporate Services

  


Strategic Capability Committee

08 June 2017

 

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Strategic Capability Committee

08 June 2017

 

 

7.    Resolution to Exclude the Public

Section 48, Local Government Official Information and Meetings Act 1987.

 

I move that the public be excluded from the following parts of the proceedings of this meeting, namely items listed overleaf.

 

Reason for passing this resolution: good reason to withhold exists under section 7.

Specific grounds under section 48(1) for the passing of this resolution: Section 48(1)(a)

 

Note

 

Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:

 

“(4)     Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that resolution (or copies thereof):

 

             (a)       Shall be available to any member of the public who is present; and

             (b)       Shall form part of the minutes of the local authority.”

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public are as follows:


Strategic Capability Committee

08 June 2017

 

 

 

ITEM NO.

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

SECTION

SUBCLAUSE AND REASON UNDER THE ACT

PLAIN ENGLISH REASON

WHEN REPORTS CAN BE RELEASED

8

Community Outcomes and Strategic Priorities

s7(2)(i)

Conduct Negotiations

To conduct negotiations

When reported to the Council meeting on 6 July 2017