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Finance and
Performance Committee of the Whole
06 August
2019
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Finance
and Performance Committee of the whole - Terms of Reference
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Chair
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Councillor Manji
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Deputy Chair
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Deputy Mayor Turner
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Membership
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The Mayor and all Councillors
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Quorum
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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
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Meeting Cycle
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Monthly
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Reports To
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Council
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Area of focus
The focus of the Finance and Performance Committee is the
financial and non-financial performance of the Council, including the delivery
of the Council’s Capital Programme, CCHL and its subsidiaries, and any
other Council Controlled Organisations.
In making recommendations or exercising its delegations, the
Committee must manage the matters referred to in section 101 of the Local
Government Act 2002 which includes that the Council must manage its revenues,
expenses, assets, liabilities, investments, and general financial dealings
prudently and in a manner that promotes the current and future interests of the
community.
The Finance and Performance Committee
considers and, if the matter is not within the Committee’s delegated
authority, reports to Council on matters relating to:
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The delivery of the Council’s Capital
Programme
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The Council’s operational and capital
expenditure, including any material discrepancies from planned expenditure
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Leading and overseeing the Council’s
strategic relationship with the Crown, including
specific strategic projects of shared interest and interface with the Crown,
including the Cost Share Agreement and matters under the Greater Christchurch
Regeneration Act 2016
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The financial and non-financial performance of
the Council and Council Controlled Organisations, and governance decisions
related to Council Controlled Organisations
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The Council’s financial and funding
policies under section 102 of the Local Government Act 2002
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Debt write-offs and status of Council debtors
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Acquisition or disposal of property where
required for the delivery of the Capital Programme
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Council insurance policies and related matters
and litigation
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The development of the Annual Report for
consideration by Council
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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.
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Reviewing the delivery of services under s17A
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Submissions to external bodies relating to the
area of focus of the Finance and Performance Committee
Delegations
The
Council delegates to the Finance and Performance Committee authority to:
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Monitor the delivery of the Council’s Capital Programme,
including inquiring into any material discrepancies from planned expenditure
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Monitor the financial and non-financial performance of the
Council and Council Controlled Organisations, including carrying out all of the
Council’s obligations under sections 65 to 72 of the Local Government Act
2002
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Exercise the Council’s powers directly as the shareholder,
or through CCHL, or in respect of an entity (within the meaning of section 6(1)
of the Local Government Act 2002) in relation to –
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(without limitation) the modification of constitutions and/or
trust deeds, and other governance arrangements, granting shareholder approval
of major transactions, appointing directors or trustees, and approving policies
related to Council Controlled Organisations
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in relation to the approval of Statements of Intent and their
modification (if any)
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Purchase or dispose of property where required for the delivery
of the Capital Programme, in accordance with the Council’s Long Term
Plan, and where those acquisitions or disposals have not been delegated to
another decision-making body of the Council or staff.
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Adopt funding and financial policies other than those that must
be adopted as part of the Council’s Long-Term or Annual Plans
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As may be necessary from time to time, approve amendments to the
Capital Programme outside the Long Term Plan or Annual Plan processes
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Amend levels of service targets, unless the decision is precluded
under section 97 of the Local Government Act 2002
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Approve debt write-offs where those debt write-offs are not
delegated to staff
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Insurance matters, including considering legal advice from the
Council’s legal and other advisers, approving further actions relating to
the issues, and authorising the taking of formal actions.
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Authorise submissions to external bodies relating to the area of
focus of the Finance and Performance Committee
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Authorise submissions to external bodies
relating to the area of focus of the Finance and Performance Committee
At the Council meeting on 11 April 2019:
It was resolved that the Council:
2. Agree
that the delegations to the Finance and Performance Committee of the Whole be
kept under review to reflect that it is now a committee of the whole, and make
the following changes:
·
Section 17A Service Delivery Reviews
a. Delegates
to the Finance and Performance Committee of the Whole authority to exercise all
of the Council's powers under section 17A of the Local Government Act 2002,
relating to service delivery reviews and decisions not to undertake a review.
Development Contributions
b. Delegates
to the Finance and Performance Committee of the Whole authority to
exercise all of the Council's powers in relation to development contributions,
other than those delegated to the Chief Executive and Council officers as set
out in the Council's Delegations Register.
i. Any
single development contribution rebate in excess of $1,000,000
ii. Any
application for a remission of development contribution charges as provided for
in the Council's Development Contributions Policy in effect at the time
iii. Any
increase in development contributions charges as provided for under section 106
(2A - C) of the Local Government Act 2002
iv. Any
change to the schedule of assets for which development contributions are
charged as provided for under section 201A(5) of the Local Government Act 2002.
At the Council meeting on 23 May 2019:
It was resolved that the Council:
1. Revokes
the following delegations to the Finance and Performance Committee of the
Whole:
· Approve preferred suppliers for capital projects where the value of the
contract exceeds $15 Million.
· Approve preferred suppliers and contracts from both capital and
operational budgets relating to the Council’s Information Technology
systems where the value of the contract exceeds $15 Million of capital
expenditure or $10 Million of operational expenditure.
2. Delegates
to the Finance and Performance Committee of the Whole the following:
Capital
Expenditure
a.
Approve the procurement plans (where
applicable), preferred supplier, and contracts for all capital expenditure where
the value of the contract exceeds $15 Million (noting that the Committee may
sub delegate authority for approval of the preferred supplier and /or contract
to the Chief Executive provided the procurement plan strategy is followed).
Operational
Expenditure
b.
Approve the procurement plans (where
applicable), preferred supplier, and contracts, for all operational
expenditure where the value of the contract exceeds $10 Million (noting that
the Committee may sub delegate authority for approval of the preferred supplier
and/or contract to the Chief Executive provided the procurement plan strategy
is followed).
The Committee
delegates to the following subcommittees or working groups the responsibility
to consider and report back to the Committee:
·
Insurance Subcommittee
