Finance and Performance Committee of the Whole

Extraordinary Agenda

 

 

Notice of Meeting:

An extraordinary meeting of the Finance & Performance Committee of the Whole will be held on:

 

Date:                                    Tuesday 6 August 2019

Time:                                   At the conclusion of the 6 August 2019 Council meeting

Venue:                                 Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Councillor Raf Manji

Deputy Mayor Andrew Turner

Mayor Lianne Dalziel

Councillor Vicki Buck

Councillor Jimmy Chen

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor Mike Davidson

Councillor David East

Councillor Anne Galloway

Councillor James Gough

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Glenn Livingstone

Councillor Tim Scandrett

Councillor Deon Swiggs

Councillor Sara Templeton

 

 

5 August 2019

 

 

 

Principal Advisor

Carol Bellette

General Manager Finance and Commercial

 

 

Samantha Kelly

Committee and Hearings Advisor

941 6227

samantha.kelly@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/

 


Finance and Performance Committee of the Whole

06 August 2019

 

 

 

Finance and Performance Committee of the whole - Terms of Reference

 

Chair

Councillor Manji

Deputy Chair

Deputy Mayor Turner

Membership

The Mayor and all Councillors

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

 

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:

·           The delivery of the Council’s Capital Programme

·           The Council’s operational and capital expenditure, including any material discrepancies from planned expenditure

·           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

·           The financial and non-financial performance of the Council and Council Controlled Organisations, and governance decisions related to Council Controlled Organisations

·           The Council’s financial and funding policies under section 102 of the Local Government Act 2002

·           Debt write-offs and status of Council debtors

·           Acquisition or disposal of property where required for the delivery of the Capital Programme

·           Council insurance policies and related matters and litigation

·           The development of the Annual Report for consideration by Council

·           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.

·           Reviewing the delivery of services under s17A

·           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:

·           Monitor the delivery of the Council’s Capital Programme, including inquiring into any material discrepancies from planned expenditure

·           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

·           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 –

-          (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

-          in relation to the approval of Statements of Intent and their modification (if any)

·           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.

·           Adopt funding and financial policies other than those that must be adopted as part of the Council’s Long-Term or Annual Plans

·           As may be necessary from time to time, approve amendments to the Capital Programme outside the Long Term Plan or Annual Plan processes

·           Amend levels of service targets, unless the decision is precluded under section 97 of the Local Government Act 2002

·           Approve debt write-offs where those debt write-offs are not delegated to staff

·           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.

·           Authorise submissions to external bodies relating to the area of focus of the Finance and Performance Committee

·           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

 

 


Finance and Performance Committee of the Whole

06 August 2019

 

Part A           Matters Requiring a Council Decision

Part B           Reports for Information

Part C           Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

C          1.        Apologies................................................................................................. 7

B         2.        Declarations of Interest.............................................................................. 7

B         3.        Deputations by Appointment....................................................................... 7

B         4.        Presentation of Petitions............................................................................ 7 

C          5.        Resolution to Exclude the Public.................................................................. 8  

 

 


Finance and Performance Committee of the Whole

06 August 2019

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

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.   Deputations by Appointment

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

4.   Petitions

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

 

 

 

 


Finance and Performance Committee of the Whole

06 August 2019

 

 

5.      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:


Finance and Performance Committee of the Whole

06 August 2019

 

 

 

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

6

Development Contributions Proposal

s7(2)(b)(ii), s7(2)(i)

Prejudice Commercial Position, Conduct Negotiations

The report addresses an unsolicited proposal received by the Council that is inconsistent with Council policy. It concerns possible development plans that are not yet public.

If the Council declines the proposal, once the development plans have been made public (to be determined by the Chief Executive) or, if an agreement is entered into, when any final action under the agreement has been completed.