Governing Body 27.03.14

I hereby give notice that an ordinary meeting of the Governing Body will be held on:
Date: Time: Meeting Room: Venue:
Thursday, 27 March 2014 9.30am Reception Lounge Auckland Town Hall 301-305 Queen Street Auckland
Governing Body OPEN AGENDA

MEMBERSHIP Mayor Deputy Mayor Councillors Len Brown, JP Cr Penny Hulse Cr Anae Arthur Anae Cr Cameron Brewer Cr Dr Cathy Casey Cr Bill Cashmore Cr Ross Clow Cr Linda Cooper, JP Cr Chris Darby Cr Alf Filipaina Cr Hon Chris Fletcher, QSO Cr Denise Krum Cr Mike Lee Cr Calum Penrose
Cr Dick Quax Cr Sharon Stewart, QSM Cr Sir John Walker, KNZM, CBE Cr Wayne Walker Cr John Watson Cr Penny Webster Cr George Wood, CNZM
(Quorum 11 members) Elaine Stephenson Democracy Advisor 21 March 2014 Contact Telephone: (09) 373 6328 Email: elaine.stephenson@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
Note:
The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted. Should Members require further information relating to any reports, please contact the relevant manager, Chairperson or Deputy Chairperson.
TERMS OF REFERENCE
Those powers which cannot legally be delegated: (a) (b) (c) (d) (e) (f) the power to make a rate; or the power to make a bylaw; or the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or the power to adopt a long term plan, annual plan, or annual report; or the power to appoint a Chief Executive; or the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or the power to adopt a remuneration and employment policy.
(g)
Additional responsibilities retained by the Governing Body: (a) (b) (c) (d) (e) (f) (g) Approval of a draft long term plan or draft annual plan prior to community consultation Approval of a draft bylaw prior to community consultation Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct Relationships with the Independent Maori Statutory Board, including the funding agreement and appointments to committees. Approval of the Unitary Plan Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.
Governing Body 27 March 2014 ITEM TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Affirmation Apologies Declaration of Interest Confirmation of Minutes Acknowledgements Petitions Public Input Local Board Input Extraordinary Business Notices of Motion Auckland Regional Amenities Funding Plan 2014-15 The 2014-15 Levies for the Auckland War Memorial Museum, and the Museum of Transport and Technology Council Controlled Organisation Review - Project Plan and Timing for Phase Two Cemeteries and Crematoria Bylaw: Statement of Proposal - Resolutions from the Regulatory and Bylaws Committee Request to amend the implementation date of the Public Safety and Nuisance Bylaw 2013, and to accelerate the development of the local approved products policy 2014 Local Government New Zealand AGM and Conference Consideration of Extraordinary Items PAGE 5 5 5 5 5 5 5 5 6 6 7 77 159 169
231 233
16 17
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Governing Body 27 March 2014 1 Affirmation His Worship the Mayor will read the affirmation. 2 Apologies At the close of the agenda no apologies had been received. 3 Declaration of Interest Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have. 4 Confirmation of Minutes That the Governing Body: a) confirm the ordinary minutes of its meeting, held on Thursday, 27 February 2014, including the confidential section, as a true and correct record.
Acknowledgements His Worship the Mayor will acknowledge the passing of Les Andrews.
Petitions At the close of the agenda no requests to present petitions had been received.
Public Input Standing Order 3.21 provides for Public Input. Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker. At the close of the agenda no requests for public input had been received.
Local Board Input Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda. At the close of the agenda no requests for local board input had been received.
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Governing Body 27 March 2014
Extraordinary Business Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states: An item that is not on the agenda for a meeting may be dealt with at that meeting if(a) (b) The local authority by resolution so decides; and The presiding member explains at the meeting, at a time when it is open to the public,(i) (ii) The reason why the item is not on the agenda; and The reason why the discussion of the item cannot be delayed until a subsequent meeting.
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states: Where an item is not on the agenda for a meeting,(a) That item may be discussed at that meeting if(i) That item is a minor matter relating to the general business of the local authority; and the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(ii)
(b)
no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.
10
Notices of Motion At the close of the agenda no requests for notices of motion had been received.
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Auckland Regional Amenities Funding Plan 2014-15

File No.: CP2014/04779
Purpose
1. To approve the proposed total levy in the Auckland Regional Amenities Funding Boards 2014-15 Funding Plan.
Executive Summary
2. Following consideration of public submissions, the Auckland Regional Amenities Funding Board (the Funding Board) has submitted to Auckland Council its 2014-15 Funding Plan for consideration. The Funding Plan proposes a total levy of $14.311 million, a $215,000 (1.5 percent) increase from the 2013-14 levy. In addition to the levy, a payment of $400,000 will be made to the Funding Board this financial year for the costs associated with the judicial review proceedings brought by the Auckland Regional Rescue Helicopter Trust (ARRHT). Under the Auckland Regional Amenities Funding Act 2008 (the Act), Auckland Councils role is to approve or reject the total levy. In making this decision, Auckland Council must have regard to the Acts funding principles. Auckland Council does not make the decisions relating to the allocation of funding to the individual Amenities. That is the role of the Funding Board, which is required under the Act to act independently of Auckland Council. If Auckland Council rejects the proposed levy, the matter must be referred to arbitration. The arbitrator would determine the total levy, but not the allocations to the individual Amenities. Council staff have reviewed the Funding Plan, and discussed the Funding Plan and the Amenities funding applications with the Funding Board. Following this review and the discussions, it is considered that the Funding Plan is consistent with the funding principles, and the proposed levy should be approved.
3.
4.
5.
6.
7.
Recommendations
That the Governing Body: a) b) approve the 2014/15 levy of $14.311 million recommended by the Auckland Regional Amenities Funding Board. note that a one off payment of $400,000 will be made to the Auckland Regional Amenities Funding Board for costs associated with the Auckland Regional Rescue Helicopter Trust judicial review proceedings, which will be made in the 2013/14 financial year.
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Item 11
Discussion
Item 11
8.
The following table sets out the timeline for the 2014-15 funding process: 2014-15 Auckland Regional Amenities Funding Process 30 September 2013 20 January 2014 21 February 2014 11 March 2014 Amenities submit funding applications to the Funding Board. Funding Board publically notifies draft Funding Plan. Deadline for submissions on the draft Funding Plan. Funding Boards submissions hearing. Funding Board considers submissions, and makes any amendments it considers appropriate to the Draft Funding Plan. The Funding Board submits the Funding Plan to Auckland Council for consideration. Auckland Council considers the Funding Plan, having regard to the funding principles, and either approves or rejects the proposed levy. If Auckland Council approves the levy, the Funding Board meets to deliberate on and adopt its Funding Plan and fix the levy. If Auckland Council reject the levy, the parties go to arbitration, and the levy will be fixed by the arbitrator. 1 July 2014 Auckland Council pays the levy to the Funding Board.
19 March 2014 27 March 2014
No later than 30 April 2014
9.
On 20 February 2014, the Finance and Performance committee approved Councils submission on the draft Funding Plan. The key points of Councils submission were: acknowledge the Funding Board and the Amenities for their contribution towards making Auckland a vibrant, attractive, and safe place to live and visit. acknowledge the Funding Board for proposing a modest 1.5 percent increase in total funding for the Amenities. note that the majority of Amenities have received substantial increases in ratepayer funding since the Act came into force, and that this may indicate that some of the Amenities are becoming increasing reliant on ratepayer funding. The draft submission asks the Funding Board to continue working with the Amenities to ensure they have a plan for achieving financial sustainability, and ideally a decreased reliance on ratepayer funding. express concern at the level of funding the Amenities have indicated they will apply for in future years. The submission asks that the Funding Board discuss with Council any substantial increases in funding that are proposed by an Amenity, particularly those that are the result of proposed increases in levels of service, and/or capital developments.
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10. 11.
The Funding Boards response to Councils submission can be found at Attachment A. This year the Funding Board received a total of nine submissions. Seven were supportive or neutral, and two were opposed to the Funding Plan. Those submissions that were opposed to the Funding Plan related to the ARRHT. Following consideration of the submission, the Funding Board has finalised the 2014-15 Funding Plan. The Funding Plan can be found at Attachment B. The Funding Board is proposing to make the following grants to the Amenities: Amenity Funding Board Grant 2013-14 Amenity Funding Application 2014-15 Funding Board Allocation 2014-15 Change from 2013-14
12.
$2,305,000 +$75,000 Auckland Arts $2,230,000 $2,375,000 Festival $2,942,000 +$125,000 Auckland $2,817,000 $3,100,000 Philharmonia $450,000 -$450,000 Auckland $900,000 $1,350,000 Regional Rescue Helicopter $1,415,000 +$85,000 Auckland Theatre $1,330,000 $1,545,000 Company $670,000 +$20,000 Coastguard $650,000 $670,000 Northern Region $800,000 $0 New Zealand $800,000 $840,000 Opera $1,269,000 +$150,000 Stardome $1,119,000 $1,315,000 $1,200,000 +$60,000 Surf Life Saving $1,140,000 $1,201,421 Northern Region $1,975,000 +$100,000 Voyager - New $1,875,000 $2,300,000 Zealand Maritime Museum $970,000 +$50,000 Watersafe $920,000 $1,012,000 Auckland Total $13,781,000 $15,708,421 $13,996,000 +$215,000 $315,000* $0 Funding Board $315,000 administration budget Total Levy $14,096,000 $15,708,421 $14,311,00 +$215,000 payable by Auckland Council * An additional one off payment of $400,000 will be made to the Funding Board this financial year. This payment is for the Funding Boards costs associated with the ARRHT judicial review proceedings. Roles and Responsibilities 13. The Funding Board and Council have defined roles under the Act. The Funding Board must review the Amenities funding applications, and make determinations on the level of funding for each of the specified Amenities for the year. When doing so, the Funding Board must have regard to the funding principles and other requirements of the Act. The Funding Board must then make a recommendation to Council on the total amount of the levy for the year.
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Item 11
Governing Body 27 March 2014 14.
Item 11
Councils role is confined to approving or rejecting the total levy amount, having regard to the funding principles. Under the Act, Council does not have a role in decisions relating to how the funding provided to the Funding Board is allocated between the individual Amenities. Council can confer with the Funding Board on the draft Funding Plan, and also make submissions to the Funding Board as part of public consultation. The Act specifies that the Funding Board has been established as an independent body of the Council. Councils role is in the provision of annual funding, not in the decision making of how the funds are allocated between the Amenities. Should Council (having regard to the funding principles) decide to reject the proposed total levy; the dispute must be referred to an independent arbitrator. The Act does not allow for renegotiation of the proposed amounts, the matter must be referred to an arbitrator in the first instance. The funding principles are attached in full at Attachment C. The most relevant funding principles are as follows: the primary purpose of the funding is to contribute to the expenses that the specified amenity must incur to provide its facilities or services funding is not available for any part of facilities or services that the specified amenity provides outside of the Auckland region funding is not available for capital expenditure funding is available only if the specified amenity has made all reasonable endeavours to maximise their funding from other available funding sources.
15.
16.
17.
Consideration of the Funding Plan against the funding principles 18. Council staff have reviewed the Funding Plan against the funding principles. Council staff have also discussed the Amenities funding applications and the Funding Plan with the Funding Board. Following this review, and the discussions with the Funding Board, it is considered that the Funding Plan is consistent with the funding principles. It is therefore recommended that the Funding Plan be approved by Auckland Council. It should be noted that Council staff will be undertaking further work with the Amenities to help develop performance measures that align with the Auckland Plan. Auckland Regional Rescue Helicopter Trust 21. The ARRHT brought judicial review proceedings over the Funding Boards allocation decisions for 2013-14. ARRHT also challenged one of the new funding principles introduced by Council under the Act, which ARRHT claims contributed to the reduction in its allocation. The new funding principle was as follows: Total funding for all specified amenities assessed for a financial year should have regard to Auckland Councils proposed rates increase for the forthcoming year 22. The ARRHT is seeking orders requiring the Funding Board to reconsider its 2013-14 allocation (largely on fairness grounds), and that the new funding principle is invalid. Note that the Court cannot decide the funding allocations itself; it can only direct the Funding Board to reconsider the matter if it thinks there was a material flaw in the Funding Boards process. Whilst one of Councils new funding principles is being challenged, Councils main interest in the proceedings is to ensure that the integrity of the funding regime is maintained.
19.
20.
23.
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25.
In reviewing the Funding Boards allocation decision and the new funding principle, the High Court may have to rule on: whether the requirement under the Act for amenities to maximise other revenue sources before applying for any ARAFA funding means that the Funding Board can properly take an holistic overview of double-trust and similar structures whether the Funding Board (or Council) has any role to play in mediating the levels and scope of services that amenities should provide (since this is not actually specified under ARAFA) whether the Funding Board can ever reduce funding to an amenity, or whether ARAFA only works on an upwards ratchet in the expectation of continually increasing allocations until the statutory cap is reached whether the Funding Board can make these resource allocation decisions in its reasonable discretion, as an independent professional board established for that purpose, in accordance with the criteria under the Act
26.
The judicial review proceedings, and subsequent public comments regarding the 2014-15 funding round, have raised some issues that require clarification. It is not appropriate to comment on all of these issues until such time as the Court releases its judgment. However, some commentary on the issues raised is set out below. ARRHT Trust structure Initially the ARRHT owned and operated the rescue helicopters. However, in March 2011, the ARRHT determined to separate the operations of the ARRHT from ownership of the two helicopters. A new charitable trust was formed, The Rescue Helicopter (Auckland) Trust (TRHAT). TRHAT has the same trustees as the ARRHT. The intent was that TRHAT would own the helicopters, and become the main fundraising vehicle. ARRHT would continue to operate the rescue helicopter service. On registration of TRHAT, the two helicopters were sold at market valuation by ARRHT to TRHAT, the latter taking over and becoming responsible for payment of the debt relating to the helicopters. At the same time, a commercial lease arrangement was entered into between the ARRHT and TRHAT whereby the ARRHT agreed to pay a commercial rental for the lease of the helicopters from TRHAT. One effect of the change of structure is to place all of the day to day operational costs of the helicopter service in one entity (the ARRHT), while placing the assets and fundraising capacity in TRHAT. The Act requires ARRHT to make all reasonable efforts to raise funds from other sources. Due to the interconnectedness of the two trusts, the Funding Board considers the accounts of the two trusts on a consolidated basis when assessing the ARRHTs funding applications.
27.
28. 29. 30.
31.
32.
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Item 11
The judicial review proceedings were heard in the High Court on 4 and 5 March 2014, and the parties are still waiting on the Courts reserved judgment. This is the first time the ARAFA legislation has been tested in court. The Courts decision may clarify a number of issues under the Act and assist Council, the Funding Board and Amenities in future funding rounds.
Item 11
Financial needs based assessment 33. 34. The Funding Board assesses the financial need of each Amenity when determining the appropriate level of ratepayer support. The different Amenities are all in different financial situations, have different financial requirements, and differ in their ability to generate revenue. Attachment D provides financial details of the Amenities as at 31 December 2013. This summary gives an indication of the different financial circumstances of each of the Amenities. Each year, the Funding Board assesses the financial need of the Amenities afresh. This approach reflects the fact that the financial circumstances of the Amenities may change over time. Some of the Amenities have a need to raise funds for capital projects. This may have an impact on funds available for operating expenses. However, the Act prevents the Funding Board from allocating any funding to an Amenity for capital projects. Relative merits of the different Amenities 37. The Act does not allow the Funding Board to make an assessment of the relative merits of the different Amenities. The Funding Board is not permitted by the Act, for example, to say that rescue services are more deserving of funding than arts or cultural organisations. The Funding Board is under a statutory obligation to work within the Acts mechanism for adequate, sustainable, and secure funding for all of the specified amenities. Funding applications from each of the Amenities must be considered in light of the funding principles, and no priority can be given to one amenity over another.
35.
36.
38.
Consideration
Local Board Views
39. 40. Decision making and oversight in respect of regional activities is the responsibility of the Governing Body. The views of the Franklin, Rodney, Waiheke, and Great Barrier Local Boards were sought in relation to the Funding Plan, given the importance of the ARRHT service to these local boards in particular. Whilst no formal feedback has been received, the chairs of the Franklin, Rodney, and Waiheke Local Boards did provide some informal feedback. This feedback expressed concern as to whether the level of service provided by the ARRHT would be impacted by the proposed level of funding. This is an assessment that the Funding Board must make. The Funding Board is confident that the level of funding allocated to ARRHT is an appropriate contribution to support the activities laid out in the ARRHTs 2014-15 funding application.
41. 42.
Mori Impact Statement

43. The Amenities have the ability to make positive contributions to Mori wellbeing. The Act also requires that the membership of the Funding Board must have at least one member who represents the interests of Mori in the Auckland Region.
General
44. This report does not trigger the significance policy.
Implementation Issues
45. There are no implementation issues associated with this report.
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Attachments
No. A B C D Title Funding Board's response to Auckland Council's submission 2014-15 Auckland Regional Amenities Funding Plan Funding Principles Financial information regarding the Amenities as at 31 December 2013 Page 15 17 73 75
Signatories
Author Authorisers Alastair Cameron - Principal Advisor CCO Governance and External Partnerships Mark Butcher - Treasurer Andrew McKenzie - Chief Finance Officer Stephen Town - Chief Executive
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Auckland Regional Amenities Funding Act Funding Principles

The funding principles are embodied in s.21 of the Act. These principles are to be considered by the Funding Board and Auckland Council when assessing the funding applications and approving the total levy. These principles are summarised below: a) the primary purpose of the funding is to contribute to the expenses that the specified amenity must incur to provide its facilities or services; b) funding is not available for capital expenditure; c) funding is not available for any part of facilities or services that the specified amenity provides outside the Auckland region;
I. a crown entity as defined in section 7 (1) of the Crown Entities Act 2004 II. a department specified in Schedule 1 of the State Sector Act 1988; e) the funding for the retention and preservation of a specified amenitys library or collection takes priority over the amenitys other expenses; f) funding is available only if the specified amenity has made all reasonable endeavours to maximise its funding from all other available sources; g) total funding for all specified amenities assessed for a financial year must not exceed the maximum total levy for that year under s.34; h) Total funding for all specified amenities assessed for a financial year should have regard to Auckland Councils proposed rates increases for the forthcoming year; i) Funding is available only if the specified amenity has made all reasonable endeavours to align its activities (in the Auckland region, and for which it seeks funding) with the objectives of the Auckland Plan, including by adopting relevant performance measures. Note: (h) and (i) above were introduced by Auckland Council on 25 November 2012.
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Attachment C
d) funding is not available for facilities or services that at any time in the five years immediately before the date on which the Funding Board or the Auckland Council applies this paragraph have been provided funding by -
Item 11
TRADING RESULTS FOR PERIOD ENDED 31 DECEMBER 2013

Auckland Philharmonia Orchestra Auckland Regional Rescue Helicopter Trust Auckland Theatre Company Coastguard Northern Region Voyager - NZ National Maritime Museum Surf Life Saving Watersafe Northern Auckland Inc Region
Auckland Festival Trust
New Zealand Opera
Stardome Observatory
Income ARAFB Grant Sponsorship Sales/Box Office/Entry Fees/Subs Grants - CNZ/Other Donations Interest Other Total Expenditure Direct Costs Fixed Costs Depreciation Total Net Surplus/(Loss) Net Surplus/(Loss) excl Depreciation
$ $ $ $ $ $
2,230,000 25,000 55,000 185,000 53,661
$ $ $ $ $
1,408,500 583,923 1,198,583 1,440,329 298,477
$ $ $ $ $ $
450,000 967,609 2,347,903 $ 825,734 3,051,596 110,571 7,753,413 $
$ $ 2,763,444 $ $ $ $ 2,763,444 $
$ 2,548,661 $
185,912 5,115,724 $
363,551 $ 43,065 1,255,585 $ 361,770 $ 10,787 $ 88,980 2,123,738 $
937,500 $ $ 911,988 $ 260,290 $ 25,565 2,135,343 $
391,000 $ 251,827 1,236,019 $ 2,615,685
563,424 $ $ 377,994 $ $ $ $ 941,418 $
4,494,531 $
431,100 $ 613,167 99,667 $ $ 7,935 32,983 31,812 $ 1,216,664 $
460,000 26,292 48,713
13,238 548,243
$ $ $ $
10,962 567,806 -$19,563 -$8,601
1,885,908 1,908,408
-$160,676 $ -$89,960 $
2,119,517 2,645,732
-$176,508 $ -$176,508 $
246,377 397,224
-$714,758 $ -$85,286 $
132,339 212,834
-$264,327 $ -$42,327
39,859 $64,762.00
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Attachment D
640,253 $ $ 22,500 $ 662,753 $
1,320,147 3,885,537 70,716 5,276,400
$ $ $ $
1,718,990 $ 3,388,691 $ 526,215 5,633,896 $
2,063,744 $ 876,208 $ $ 2,939,952 $
715,564 1,010,950 150,847 1,877,361
$ $ $ $
784,824 1,435,805 629,472 2,850,101
$ $ $ $
3,244,405 $ 1,037,292 80,495 $ 4,362,192 $
983,745 $ $ 222,000 $ 1,205,745 $
512,902 $ 639,000 24,903 $ 1,176,805 $
556,844
Item 11

BALANCE SHEET POSITION AS AT 31 DECEMBER 2013
Item 11
Auckland Festival Trust
Auckland Philharmonia Orchestra
Auckland Regional Rescue Helicopter Trust (Consolidated)
Auckland Theatre Company
Coastguard Northern Region
Voyager - NZ National Maritime Museum
New Zealand Opera
Stardome Observatory
Surf Life Saving Watersafe Northern Auckland Inc Region
ASSETS Current Assets Cash Prepaid Expenses Accounts Receivable Other Total Current Assets
$ $
3,256,381 $ $ $ 56,997 $ 3,313,378 $
3,682,952 $ 286,863 348,354 9,629 $ 4,327,798 $
8,585,086 $ $ $ 169,805 $ 8,754,891 $
1,885,079 275,595 175,617 1,966 2,338,257
$ $ $ -$ $
2,422,217 243,695 159,288 42,580 2,782,620
$ $ $ $
1,264,059 $ $ 179,264 $ 42,424 1,485,747 $
157,228 $ 616,826 $ 174,478 $ $ 948,532 $
1,099,610 31,033 16,790 38,952 1,186,385
$ $ $ $ $
1,987,412 151,218 145,191 6,812 2,290,633
$ $ $ $
1,036,916 1,958 5,428 1,044,302
Attachment D
LIABILITIES Current Liabilities Sundry Creditors Income in Adv Other Subs in Advance Total Current Liabilities Working Capital Fixed Assets Less Depreciation Net Fixed Assets Term Liabilities
136,142 $ $ $ 136,142 $ 3,177,236 $ $
691,423 $ 1,930,531 629,578 3,251,532 $ 1,076,266 $ 841,054 $ 841,054 $ -
1,393,176 $ $ $ 1,393,176 $ 7,361,715 -$ 7,947,545 $ $ 7,947,545 $
536,632 $ 1,430,273 $ 376,961 2,343,866 $ 5,609 $ 812,935 $ 47,709 765,226 $
572,965 $ 1,426,423 $
248,772 $ 995,281 $ $ 1,244,053 $ 241,694 -$ 23,392,320 $ 12,173,731 11,218,589 $ 1,246,678
227,076 $ 1,257,686 $ 20,000 1,504,762 $ 556,230 -$ 426,425 $ 426,425 $ $
721,383 $ 648,529 $
256,855 $ 990,258 $
209,334 588,186
$ $
1,999,388 $ 783,232 $ 999,977 $ $ 999,977 $ $
1,369,912 $ 183,527 $ 2,803,472 $ 2,803,472 $ 1,983,617
1,247,113 $ 1,043,520 $ 146,059 $ 146,059 $
797,520 246,782 134,429 134,429
$ $
Net Assets Equity Retained Earnings Current Year Earnings/(loss) Total Equity
3,177,236 $
1,917,320 $ 15,309,260 $
759,617 $
1,783,209 $
10,213,605 -$
129,805 $
636,328 $
1,189,579 $
381,211
$ $ $
1,291,327 $ 1,885,908 -$ 3,177,235 $
2,077,996 $ 13,189,742 $ 160,676 $ 2,119,517 -$ 1,917,320 $ 15,309,259 $
936,125 $ 176,508 $ 759,617 $
1,536,831 $ 246,377 -$ 1,783,208 $
10,928,365 -$ 714,758 $ 10,213,607 -$
260,144 $ 132,339 -$ 127,805 $
900,656 $ 264,327 $ 636,329 $
1,149,721 $ 39,859 -$ 1,189,580 $
400,773 19,562 381,211
Working Capital Ratios > 1 is good
24.338
1.331
6.284
0.998
1.392
1.194
0.630
0.866
1.837
1.309
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File No.: CP2014/05155
Purpose
1. To approve the 2014-15 levies for the Auckland War Memorial Museum (AWMM), and the Museum of Transport and Technology (MOTAT).
Executive Summary
2. 3. The independent boards of AWMM and MOTAT have prepared their draft annual plans for the 2014-15 financial year. The draft annual plans have been published and consulted on. Under the Advisory and Management Agreement, RFA is the appointed advisor to Auckland Council on the annual AWMM and MOTAT funding processes. It is RFAs role to consider and make recommendations to the Council in regard to the statutory levies imposed by MOTAT and AWMM. Council must consider whether to approve or reject the levies requested by AWMM and MOTAT. The MOTAT annual plan proposes a levy of $11.987 million, a 2.5 percent or $292,000 increase from 2013-14. RFA has recommended that the MOTAT levy be approved. RFAs view is that the MOTAT board is acting prudently in keeping the levy increase to a minimum, and MOTAT is demonstrating that it has the willingness to commit its own endevours to the delivery of outcomes. The AWMM annual plan proposes a levy of $28.657 million, a 4.9 percent or $1.349 million increase from 2013-14. RFA has recommended that Council reject the AWMM levy, but that it should support a 2.5 percent increase in the levy. The Auckland War Memorial Museum Act 1996 provides that, should Council decide to reject the proposed levy, and an agreement cannot be reached between the parties, the matter is to be referred (by either party) to an arbitrator for a decision. Council will be a party to the arbitration. It is recommended that the Chair of the Finance and Performance Committee be delegated authority to negotiate an agreement with AWMM, with any such agreement to be consistent with the RFA levy recommendation. If no agreement can be reached, then this matter should be referred to arbitration.
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Recommendation/s
That the Governing Body: a) b) c) d) approve the 2014-15 Museum of Transport and Technology levy of $11.987 million, as recommended by Regional Facilities Auckland. reject the 2014-15 Auckland War Memorial Museum levy of $28.657 million, as recommended by Regional Facilities Auckland. agree that the Chair of the Finance and Performance committee be authorised to negotiate an agreement in relation to the Auckland War Memorial Museum levy. agree that if no agreement can be reached, then the issue of the Auckland War Memorial Museum levy be referred to an arbitrator.
The 2014-15 Levies for the Auckland War Memorial Museum, and the Museum of Transport and Technology
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Discussion
10. AWMM and MOTAT operate under the following pieces of legislation: Auckland War Memorial Museum Act 1996 Museum of Transport and Technology Act 2000 11. The legislation requires both museums to publish draft annual plans, including details of the proposed levy to be imposed on Auckland Council. These annual plans must be publically consulted on. Pursuant to the Advisory and Management Agreement between RFA and Auckland Council, RFA has been appointed Councils advisor for the museums annual funding process. RFA has made submissions on Auckland Councils behalf to both AWMM and MOTAT (see attachments A and B). Both AWMM and MOTAT have considered the submissions they received, and finalised their annual plans, including details of the proposed levies. RFA has assessed the levies proposed by the museums, and made its recommendations to Auckland Council. A letter containing RFAs recommendations can be found at Attachment C. Copies of AWMM and MOTATs annual plans can also be found at Attachment D and E. The RFA board has recommended to approve the MOTAT levy, but to reject the AWMM levy. The principles RFA considered when assessing the levies and RFAs recommendations are discussed in more detail below. RFAs principles for assessing the levies 16. The RFA board considered the draft annual plans in November 2013. Both AWMM and MOTAT were advised by RFA that a levy increase of 2.5 percent was the maximum that could be supported. RFAs position was based in part on Auckland Councils proposed average rates increase for 2014-15. RFA, to help it objectively assess the levy request, considered the following principles: alignment with the objectives in the Auckland Plan and any stakeholder directions previously conveyed satisfaction that the respective museums past setting of financial targets have been realistic and achieved future commercial revenue projections maximise available opportunities and have been reviewed to do so the level of funding requested is set so as to reflect a sustainable burden on public funding across the collection/heritage sector in the medium term where there is a proposed funding increase, whether there is the ability for programmes or activities to be spread over the medium term
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MOTAT 18. 19. The final MOTAT annual plan differs from that consulted on. Changes have been made to reflect MOTATs newly developed strategy. A copy of the new strategy is at Attachment F. The MOTAT annual plan proposes a levy of $11.987 million, a 2.5 percent or $292,000 increase from 2013-14. RFA has considered this levy against the above principles, and recommended that the levy be approved.
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RFA notes that: the proposed levy is in line with the levy indicated as being supported by the RFA board in November 2013 MOTATs objectives take into account the needs of the Auckland community and look to achieve the outcomes of the Auckland Plan MOTATs focus on exhibition development and education is supported. overall MOTAT exceeded their target for external revenue / funding for 2012-13. The total revenue targets projected in the 2014-15 annual plan continue to rise above those in previous plans. The increase in the levy is matched by a corresponding increase in MOTATs other revenue it is regarded that MOTATs requested increase is to deal with short term issues. MOTAT has reprioritised existing funding and identified alternative funding avenues to address their needs RFA considers that the MOTAT board is acting prudently in keeping the levy increase to a minimum
AWMM 21. There are many positive aspects in the AWMM annual plan. For instance, the annual plan states that: We are working jointly with Auckland Council to prepare to commemorate the centenary of the First World War; we are shaping programmes to mark 175 years since the Treaty of Waitangi and founding of Auckland; and we will continue to be active partners with iwi, Mori and Pacific communities, welcoming more of them to the work of the museum. 22. The AWMM annual plan proposes a levy of $28.657 million, a 4.9 percent or $1.349 million increase from 2013-14. RFA has considered this levy against the principles set out at paragraph 17, and recommended that the levy be rejected. RFA has indicated a levy increase of 2.5 percent should be supported. RFAs reasons for this position are set out in the letter at Attachment C. These are summarised as follows: the AWMMs total costs of activities are planned to increase partly due to aligning its Future Museum strategy with the Auckland Plan. Given the long term nature of both these plans, some thought could be given to spreading some activities throughout the life of the Future Museum strategy the AWMM revenue projections need to be further discussed, as there could be opportunities to maximise other sources of revenue other funded arts and culture facilities in Auckland have received only modest increases in funding the should be further discussion regarding the utilisation of the Museum Asset Replacement Reserve
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There needs to be some clarification from the AWMM in relation to its annual plan. This relates to the level of admission revenue that the AWMM can expect to receive now that it is possible for it to charge admission to international visitors. Also, the impact of savings that the AWMM has achieved on the annual plan could be explored. Through some excellent initiatives, the AWMM has managed to achieve significant savings in the areas of electricity and gas consumption (40 percent saving from the 2010 baseline), and the AWMM has received a reduction in its rates of $250,000 per annum.
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Given all of the above factors, RFA is of the view that a levy increase in line with the general rates increase would be sufficient. RFA has therefore recommended that the AWMM levy be rejected, but that a levy increase of 2.5 percent is appropriate. The Auckland War Memorial Museum Act 1996 provides that, should Council decide to reject the proposed levy, and an agreement cannot be reached between the parties, the matter is to be referred (by either party) to an arbitrator for a decision. Council will be a party to the arbitration. It is recommended that the Chair of the Finance and Performance committee be delegated authority to discuss the draft annual plan with AWMM, and to negotiate an agreement with AWMM. If no agreement can be reached, then this matter should be referred to arbitration. If the matter is referred to arbitration, the Act provides that the arbitrator would need to reach a decision before the end of April, and the AWMM board must adopt its annual plan by 30 April 2014.
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Consideration
Local Board Views
29. Decision making and oversight in respect of regional activities is the responsibility of the Governing Body.

30. AWMM and MOTAT have the ability to make positive contributions to Mori wellbeing, and to deliver on Auckland Plan outcomes relating to effective communication and engagement with Mori. In last years levy process, MOTAT and the AWMM were asked to engage with manawhenua and mataawaka in the region, in relation to ongoing development of their respective strategies. In its annual plan, MOTAT states that it is focusing on its relationship with the local iwi using the principles of Te Tiriti o Waitangi, and respecting their customary kaitiaki role. MOTAT is aiming to develop a mutually rewarding relationship whereby iwi assist the museum to highlight Mori knowledge, culture and views in ways that ensures it is acknowledged, respected and passed on. The AWMM is prioritising Mori partnership and co-development and will develop a framework for a new model of engagement with whanau, hapu and iwi to enhance matauranga Mori and knowledge about taonga Mori.
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General
35. This report does not trigger the significance policy.
Attachments
No. A B C D Title RFA submission to the AWMM draft annual plan RFA submission to the MOTAT 2014-15 annual plan RFA recommendation to Council on AWMM and MOTAT levies AWMM draft annual plan 2014-15 Page 83 87 91 97
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Governing Body 27 March 2014 E F MOTAT draft annual plan 2014-15 MOTAT 2014-19 Strategy 119 149
Signatories
Author Authorisers Alastair Cameron - Principal Advisor CCO Governance and External Partnerships Mark Butcher - Treasurer Andrew McKenzie - Chief Finance Officer Stephen Town - Chief Executive
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Museum of Transport and Technology 2014 TO 2019 MASTER STRATEGY FOR THE MUSEUM Hapaitia te ara tika pumau ai te rangatiratanga mo nga uri whakatipu Foster the pathway of knowledge to strength, independence and growth for future generations Part One Identity Our Vision: To be the must experience venue that uses New Zealands heritage, Kiwi ingenuity, transport, technology and the associated stories in a creative and interactive way to educate and inspire the innovators of tomorrow. Our Values: Collaboration is the way we work together internally and externally as a team that respects and supports one another, sharing ideas, knowledge and skills so that we achieve our full potential. Integrity is the foundation on which our relationships, reputation and authority are built. We will act morally, ethically and with respect and transparency at all times. Creativity is the quality that allows us to be courageous and to try new things so as to inspire those we interact with. Stewardship is our individual and collective duty as custodians to manage, develop and preserve MOTATs collection, skills and knowledge and to pass them on to the next generation. Our Approach: In order to inspire and engage with our visitors and each other we will: Make it simple: Make it personal: Make it active: Make it connect: Make it happen: easy to understand, remember and use. relevant and meaningful so that it stimulates thought, conversation and debate. a hands-on, multi-dimensional experience. put the collection and the associated information into context in a way that connects people, concepts and ideas. deliver what is promised in accordance with the strategy and the Annual Plan.
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Outcome of Strategy Objective One Maximise the Visitor Experience Increase the number and quality of exhibitions and events that use MOTATs heritage objects, Kiwi ingenuity, transport, technology and the associated stories in a creative and interactive way to inspire the museums visitors and extend their knowledge. Develop a new MOTAT Online experience. Develop and implement a Marketing Strategy (that includes the use of social media) designed to attract visitors, sponsors and volunteers to MOTAT and to promote it as a must experience venue. Establish a Think Tank of leading New Zealanders to explore how MOTAT can use its collection, Kiwi ingenuity, technology and innovation to inspire and educate the museums visitors.
Objective Two Empower the MOTAT Team (i.e. the staff and volunteers)
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Improve MOTATs structures and systems by aligning the Hubs and each MOTAT Team members objectives to the achievement of the Vision. Build and strengthen the working relationships across the MOTAT Team so as to ensure that the staff and volunteers work together as one towards the achievement of the Vision. Use the Values to define who we are, how we operate and how we relate to others. Implementing change programmes to ensure that the MOTAT Team is aligned with the Vision, Values and Strategy, thereby ensuring that the Team is accountable and responsible for the achievement of the associated goals.
Objective Three Improve Quality of the Collection and its Care Develop and implement a Rationalisation Programme that identifies the objects that are or should be in MOTATs collection that can be utilised in the achievement of the museums Vision. Take proactive steps to improve the quality (as opposed to the quantity) of MOTATs collection. Review, develop, implement, communicate and monitor MOTATs collection policies and procedures in accordance with the Museums Aotearoa Code of Ethics so that they are aligned to best museum practice and facilitate the achievement of the Vision. Ensure that MOTATs collection objects are cared for in accordance with the museums policies. Use MOTATs collection to enhance and support the visitor experience and the achievement of the Vision.
Objective Four Improve Business and Community Sustainability 1. Develop and implement the Asset Management Plan (i.e. the plan for the maintenance or upgrading of MOTATs buildings and infrastructure) and the Development Plan (i.e. the plan for the replacement of MOTATs buildings overtime) so as to ensure that the museums buildings and infrastructures provide a proper platform for the achievement of the Vision. Refine MOTATs sustainability programmes so as to reduce the museums impact on the environment. Prudently and proactively manage MOTATs finances and other resources. Re-engage and develop a mutually beneficial relationship with the local Iwi using the principles of Te Tiriti o Waitangi/the Treaty of Waitangi.
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Ensue that the principles of Te Tiriti o Waitangi and Maori customs and principles are reflected and acknowledged where relevant. Develop long term and mutually beneficial relationships with MOTATs Stakeholders (i.e. the Council, Regional Facilities Auckland and the MOTAT Society), the Western Springs Community and major learning institutions such as Unitec, AUT and the Auckland and Massey Universities. Investigate the development of an integrated approach to the enhancement of Aucklands Cultural and Heritage offering with Regional Facilities Auckland, the Auckland War Memorial Museum, the Voyager Museum and the Stardome. Business Services will review and improve MOTATs systems and approach for securing and monitoring the museums site and collection.
Timetable: Year One Develop and Implement 1. 2. 3. Commence implementation of strategy. Review the existing structures so as to ensure that MOTAT has the right people, competencies and roles to achieve the strategy. Develop and implement the Rationalisation Programme for the alignment of MOTATs collection to the achievement of the Vision and to improve the significance and quality (but not the quantity) of MOTATs collection. Plan and develop the exhibitions, events and other projects that will have the biggest impact on the achievement of the Vision. . Align MOTATs Annual Plan and budgets to the implementation of the strategy. Develop and align MOTATs education programmes to the Vision and the NZ Curriculum and the Ministry of Educations priority areas. Engage with Unitec, AUT and the Auckland and Massey Universities to explore how they can assist MOTAT with the development of the museums learning programmes. Proactively engage with MOTATs Stakeholders, the Western Springs community, the Auckland War Memorial Museum, the Stardome and Voyager Museum with a view to developing a closer working relationship. Re-engage and develop a mutually beneficial relationship with the local Iwi using the principles of Te Tiriti o Waitangi/the Treaty of Waitangi. Commence implementation of the Asset Management Plan recommendations. Identify and appoint the requisite firm(s) that will help MOTAT map out and complete a Development Plan.
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Year Two Deliver and Refine: 1. 2. 3. 4. Continue with implementation of Year One timetable. Review the structures, systems and procedures so as to ensure that they are working effectively. Create a must experience exhibition that is aligned to the Vision. Commence implementation of the Development Plan.
Year Three Review and Consolidate: 1. 2. Continue with implementation of Year Two timetable. Review internally and with the relevant stakeholders, where appropriate, whether the objectives and the timetable so as to ensure that they remain relevant and will lead MOTAT to achieving its Vision.
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Ensure that MOTAT is providing a consistent and high quality visitor experience that is aligned to the Vision.
Year Four/Five Reflect and Evolve: 1. 2. Continue with implementation of Year Three timetable. Review and update strategy and associated plans for next five years.
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MOTAT Museum of Transport and Technology 2014 TO 2019 MAIN STRATEGY FOR THE MUSEUM Part Two Core Objectives Objectives: The following objectives have been set to ensure that MOTAT achieves its Vision and complies with its obligations under the MOTAT Act 2000. MOTATs goal is to move away from being a museum that predominantly focuses on its objects to an institution that uses its collection and its focus on Kiwi ingenuity, transport, technology and the associated stories in a creative and interactive way that motivates and inspires the innovators of tomorrow. By doing this MOTAT will provide a multidimensional experiences that its visitors will find rewarding and will make them want to return for more on a regular basis. Objective One Maximise the Visitor Experience Visitor Experience Objectives: MOTAT will focus predominantly on the Auckland community with a view to increasing the number of people it directly and indirectly engages with by ensuring that its exhibitions, events, web site and social media are aligned to the Vision. In order to achieve this: 1. During the course of the strategy MOTAT Will increase the number of themed exhibitions it undertakes from one to three per annum over the period of the strategy. Those exhibitions, which will be developed by the Experience Hub, shall be consistent with the Vision and will be designed to: (a) Use heritage objects and where possible Kiwi ingenuity, transport, technology, and the associated stories in a creative way that challenges and develops the visitors imagination and knowledge. (b) Improve the visitor experience and associated feedback on an annual basis. (c) Attract sponsors. (d) Ensure that MOTAT becomes a must experience venue. (e) Increase paying visitor numbers by 14% per annum in the first year and at least 8% in each of the following years. (f) Increase the number of Gold Card holders that visit the museum each year by 5% per annum. 2. (a) (b) (c) (d) The Experience Hub will develop, with input from Collection Services and the Collection Hubs, programmes and events (including Mobile MOTATS) that: Enable the visitors to experience the museums collection and team in a proactive way. Ensure that the associated stories are aligned with the Vision and are communicated to the museums visitors. Ensure the museum provides an interactive and consistent experience to MOTATs visitors. Demonstrates, where relevant the technological/scientific principles associated with the museums objects.
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(a) (b) (c) (d) (e) (f) (g) (h) 1.
Business Services will develop over the period of the strategy a new MOTAT Online that will increase the museums online presence and will enable visitors to access (via the website or any device of their choice) information on MOTATs: Admission prices, location and transport options. Collection, including technical specification, history and relevance to the Vision. Current and proposed exhibitions and events. Learning programmes and other initiatives. Vision, Values, history, governance and management structures and key personnel. Online dialogues and conversations between MOTAT, the online community and the community members themselves. Volunteer community and opportunities. The MOTAT Society The Experience Hub will establish a Think Tank of leading New Zealanders to advise on the incorporation of Kiwi ingenuity, technology and innovation into the museums exhibitions and learning programmes.
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Education and Charitable Objectives: MOTAT will develop learning programmes (based on Kiwi ingenuity, transport, technology and innovation and its impact on New Zealand) that are designed to (a) appeal to a wide and diverse audience (b) improve their knowledge (c) encourage thinking and debate and (d) inspire them to become the innovators of tomorrow. In order to achieve this: 1. The Experience Hub will develop and implement learning programmes that are aligned to the Vision and are consistent with the NZ Curriculum and the Ministry of Educations priority areas so as to encourage: Schools to use MOTATs facilities, programmes and education personnel. Universities and other tertiary institutions to work on educational projects with MOTATs education team and to encourage their students to undertake research in relation to the museums collection. Teenagers to develop their skills and work readiness in conjunction with MOTATs education team and third party providers (e.g. web, app and graphic designers). The Business Services and Experience Hubs will develop a plan for the provision of apprenticeship support, internships and other training programmes so as to ensure that the requisite skills at MOTAT are preserved and passed onto the next generation. The Experience Hub will develop, implement and monitor programmes that: Encourage charities and low decile families and schools to use MOTAT. Benefit directly or indirectly one or more charities a year. Use Mobile MOTATs (at least four a year) to actively engage with schools, charities and the public in general.
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Marketing/Profile Objectives: MOTAT will ensure that what it is trying to achieve is well publicised and in order to achieve this: 1. (a) The Experience Hub will develop and implement a marketing strategy that: Is aligned to the Vision.
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Is focussed on the Auckland community. Highlights what MOTAT has to offer to its Visitors and why. Emphasises, when appropriate, any specific exhibitions and events being undertaken by MOTAT. Identifies certain areas of the Auckland community that should be focused on and tailors the museums offers and promotions accordingly. Promotes MOTAT as a must experience venue. Promotes MOTATs knowledge and expertise in relation to its collection.
Objective Two Empower the MOTAT Team MOTAT Team Objectives: MOTATs evolution over the last 10 years has created a divide between the museums staff and its volunteers. The implementation of this strategy depends on the staff and the volunteers working together as one towards the achievement of the Vision. Likewise each part of the MOTAT Team needs to recognise and acknowledge that the other part offers a different set of skills and knowledge that is critical to the overall success of the museum. MOTAT will ensure that it has the right structures and people in place to achieve the objectives outlined in this strategy and to ensure that each MOTAT Team member embraces the Values and the museums policies and procedures and is prepared to be held accountable and responsible for everything they do. In order to achieve this: 1. (a) (b) Business Services will review the management structures and resources to ensure that: MOTAT has the right people and structures in place to provide the requisite leadership and support to facilitate the achievement of the objectives. MOTAT has the right systems in place to facilitate regular and transparent communication between the museum, the Operational Hubs, the Collection Hubs, the MOTAT Team, the Stakeholders and the Auckland community. Learning and Development Programmes for the MOTAT Team members are developed, implemented and monitored to ensure their effectiveness. The MOTAT Team is familiar with the museums procedure and protocols in relation to the handling, operation, maintenance, preservation and restoration of the museums objects. The MOTAT Team actively engages with and demonstrates their individual understanding of the museums procedures and protocols in relation to Health and Safety. Each Collection and Operational Hub will: Support the achievement of MOTATs shared objectives by adopting and reinforcing the museums Values and by ensuring that everyone within each team and the wider MOTAT team is aware of forward plans and changes. Ensure that it has the right structures, personnel, resources and systems in place to provide the requisite leadership and support to the MOTAT Team members in their Hub Ensure that MOTAT team members are provided with the requisite training and work for the mutual benefit of that member, the MOTAT Team and the museum as a whole. Ensure that information is accurate, current and supports the day to day operation of the Hub and the museum. Have the right systems in place to ensure a safe, effective and efficient working environment and ensure that those systems are regularly reviewed and updated where necessary. Ensure that individual and team success is acknowledged and celebrated.
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(b) (c) (d) (f) (g)
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Each Collection and Operational Hub will actively implement and comply with the generally accepted principles of good governance, museum best practice and financial responsibility. It is recognised that MOTATs culture needs to change and each Hub and MOTAT Team member will embrace the Values so that they are incorporated into everything the museum, each Hub and MOTAT Team member does. MOTAT will use integrated practical HR processes and initiatives to ensure that each MOTAT Team members: Behaviour is in accordance with the Values and that their performance goals are reviewed on a regular basis throughout the year and aligned to the achievement of the museums objective and the Vision. Remuneration (if any) is aligned to their role and performance.
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5. (a)
(b)
Objective Three Improve Quality of Collection
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Collection Objectives: MOTAT will use its collection to: demonstrate technology, ingenuity and innovation and the associated scientific principles; and tell the stories of New Zealands history and innovators; with a view to informing and inspiring the museums visitors. If collection objects cannot be used as outlined above during the term of the strategy they will be stored until they can be used, lent to another institution or de-accessioned. Restorations and preservations will only be undertaken if the object in question is (a) consistent with the museums Vision (b) a Restoration or Preservation Plan in the requisite format (including the budget) is produced and approved and (c) funding for the project is available. In order to achieve the above: 1. Collection Services and the Collection Hubs will support the Experience Hub in developing and implementing exhibitions, including cross Collection Hub exhibitions, events and activities. Collection Services will develop, with each Collection Hub, a Rationalisation Programme that will identify the objects that: are consistent with the Vision and should be retained. are consistent with the Vision but should be transferred to another Collection Hub or to the Experience Hub as it is should be an operational item. are not consistent with the Vision and should be considered for de-accession. should be acquired as they are consistent with the Vision and the other collection objects. should be restored or preserved in accordance with the requisite restoration or preservation plan (including the associated budget and funding information). Collection Services, working with the Collection Hubs, will develop, communicate and monitor procedures and policies for the storage, handling, operation and display of MOTATs objects. These procedures and policies will be based on the International Council of Museums Code of Ethics and will be adapted to accommodate the unique nature of MOTAT.
2. (a) (b) (c) (d) (e)
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Each Collection Hub will work with the Collection Services to ensure that MOTAT objects it deals with are: stored, handled and displayed in accordance with MOTATs procedure and policies and in a manner that is consistent with the Museums Aotearoa Code of Ethics. displayed in a manner that is consistent with the directions of the Experience Hub and the Vision. The Experience Hub will take steps, where appropriate, to promote the Collection Hubs expertise in relation to their part of the MOTATs collection. Collection Services will identify the Orphan Objects (i.e. objects that are not covered by a Collection Hub) and review whether they should be transferred to a Collection Hub, loaned to another institution or de-accessioned.
6.
Objective Four Improve Business and Community Sustainability Institutional Objectives: MOTAT is of the view that there should be a closer working relationship between Aucklands cultural and heritage institutions as that will not only enable the institutions in question to operate in a more coordinated, efficient and sustainable way but it will improve the institutions offering to the Auckland community as a whole. In order to achieve this: Business Services will investigate, initially on an informal basis, with Regional Facilities Auckland, the Auckland War Memorial Museum, the Voyager Museum and the Stardome the development of integrated approach to the development of Aucklands Cultural and Heritage offering. Iwi Objectives: MOTAT will re-engage and develop a meaningful and mutually beneficial relationship with the local Iwi using the principles of Te Tiriti o Waitangi so that the Tangata whenua are empowered, enabled and their customary Kaitiaki role is recognized and respected. In order to do this: Business Services will establish a bi-cultural committee to help ensure that: (a) The mana of Tamaki Makaurau iwi and hapu is respected. (b) The MOTAT Teams understanding of Maori knowledge, wisdom and views is developed so that it can in turn be passed on to the MOTAT Team and the museums visitors in a way that can be understood. (c) The museum respects and maintains, where possible, the mauri (life force and balance) of the natural environment. Stakeholder Objectives: MOTAT will actively engage with those Stakeholders who have or should have a vested interest in the museum for the mutual benefit of all concerned. In order to achieve this: Business Services will investigate and implement, over the period of the strategy, a programme that is designed to build a long term, resilient and mutually rewarding relationship with the following stakeholders for the overall benefit of the Auckland Community: (a) the MOTAT Society. (b) the Auckland Council/Regional Facilities Auckland.
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(c) (d) (e)
the local Western Spring/Point Chevalier community. Western Spring precinct institutions (e.g. the Zoo, Unitec, Tapac and schools). major learning institutions such as Unitec, AUT and the Auckland and Massey Universities.
Buildings and Operational Objectives: Most of MOTATs infrastructure and buildings are coming to the end of their design life and the muse um needs to plan the MOTAT of the future and ensure that the museums impact on the environment is reduced. In order to achieve this: 1. Business Services will develop an Asset Management Plan and Development Plan for the maintenance, upgrading replacement, development and operation of its site and buildings over a period of time that is consistent with the Vision and minimises MOTATs impact on the environment. Business Services will develop, implement and monitor a Health and Safety Management System that ensures: A safe, secure and healthy environment for the MOTAT Team, contractors, visitors and anyone else who may be affected by MOTATs activities. The safe and secure operation of the site. The safe, secure and compliant operation of MOTATs collection. That the Board is kept up to date on the same. Business Services will develop, implement and monitor a policy for environmental sustainability. Business Services will review and improve MOTATs systems and approach for securing and monitoring the museums site and collection.
2.
Attachment F
(a) (b) (c) (d) 3. 4.
Financial Objectives: MOTAT will prudently and proactively manage MOTATs finances and resources. In order to achieve this: 1. (a) (b) 2. Business Services will ensure that: MOTAT maintains effective financial and reporting systems and procedures and that the requisite information is presented in the Annual Plan in an accurate and easy to understand format. MOTAT maintains its unqualified audit status for its annual financial and non-financial statements. Each Hub will ensure that they manage and monitor their financial resources professionally and maximise efficiencies while delivering the desired Vision and Annual Plan. The Experience and Business Services Hubs will continue to increase their external revenue streams via sponsorship and other commercial initiatives that are in keeping with the Vision and the Annual Plan.
3.
18 March 2014
Page 158
File No.: CP2014/04884
Purpose
1. To provide the Governing Body with an overview of the broad project plan for phase two of the Council Controlled Organisation (CCO) review.
Executive Summary
2. This report provides an overview of the timeline and deliverables for phase two of the CCO review. The timeline will enable any key decisions about structural change to be included in the draft long term plan (LTP) for consultation. The timeline also allows for consultation with local boards, the Independent Mori Statutory Board (IMSB), and CCOs, on any structural change options during September and early October, prior to Governing Body decisions about a preferred option at the end of October.
3.
Recommendation/s
That the Governing Body: a) note the key deliverables and timing for phase two of the Council Controlled Organisation review.
Discussion
4. The Governing Body adopted the terms of reference for the CCO review at its meeting of 27 February 2014 (Attachment A). Under the terms of reference, the review will be completed with outcomes ready for implementation by June 2015. The review will be completed in three phases. Phase one was the current state assessment and adoption of the terms of reference for the review Phase two will identify options for structural change arising out of the CCO review as well as non-structural mechanisms for enhancing accountability and integration Phase three is the further engagement and implementation phase, and work on nonstructural mechanisms will continue. 6. The terms of reference did not specify timing for phases two or three but noted that this would be further developed as the project progresses. This report outlines the key dates and deliverables for phase two of the review. These are shown in the following table:
5.
Council Controlled Organisation Review - Project Plan and Timing for Phase Two
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Item 13
Date 17 April 2014 Governing Body Meeting 14 May 2014 Workshop
Deliverable/workshop purpose List of proposed services within review scope, and draft criteria for service assessment. (For Governing Body approval). Workshop will focus on analysis of services against criteria. This will help identify the rationale for delivering different services via a CCO (or alternative mechanism). Analysis of services against criteria (for Governing Body approval). Workshop is an opportunity to consider both the analysis of services, and the outcome of research on alternative delivery models, to start developing options for CCO configuration. It will also provide an opportunity for participants to identify additional information required. Workshop will build on the 2 July workshop and provide an opportunity to further develop CCO configuration options. Back up date if required. Proposed options for consultation with CCOs, IMSB and local boards (For Governing Body approval). Analysis of options and recommended preferred option for inclusion in the draft LTP. (For Governing Body approval).
29 May 2014 Governing Body Meeting 2 July 2014 Workshop
6 August 2014 Workshop 13 August 2014 Workshop 28 August 2014 Governing Body Meeting 30 October 2014 Governing Body Meeting 8.
In addition to the work on CCO delivery and configuration, there will be a number of workstreams to address the non-structural aspects of the review. The broad heading for these workstreams is working better with CCOs which will cover issues such as the accountability framework, and mechanisms for achieving greater integration, collaboration and strategic alignment. Some of these workstreams will fall within management delegations and will be reported for information to the Governing Body. For example: Operational roles and responsibilities some of the issues that arise with respect to CCOs are due to a lack of clarity about who is responsible for a particular function. This work will seek to clarify responsibilities where there is confusion, for example because of conflicting agreements Improving the issues resolutions process (for example when disagreements arise between a council department and a CCO).
9.
10.
Some workstreams will fall within the delegations of the CCO Governance and Monitoring Committee. For example: Governance policy such as board structure and skills, director remuneration, and Auckland Council directors on Auckland Transport Streamlining the accountability framework.
11.
Others will require governance decisions by the Governing Body. For example: Strategic alignment ensuring that CCO delivery is aligned as strongly as possible to delivering on council strategic priorities. This will include consideration of Mori responsiveness and responsiveness to local board priorities
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12.
CCO revenue and funding issues.
The working better with CCOs workstreams will continue through phases two and three of the review.
Consideration
Local Board Views
13. The project timing allows for a period from 28 August until early October for local boards to provide feedback on CCO delivery and configuration options. In addition, the working better with CCOs workstreams will include considerations relevant to local boards, and local board input will be requested and considered at the appropriate time. Local boards are currently considering their input to the current state analysis and this will be reported to the Governing Body when available.
14.

15. CCOs as delivery agents of Council have the potential to have a significant impact on positive outcomes for Mori. The review of CCOs is therefore an important opportunity to ensure that Councils commitments and obligations to Mori are reflected in the arrangements between Council and its CCOs. IMSB feedback on CCO delivery and configuration options will also be provided during the same timeframe as the local board and CCO feedback. As with local boards, the working better with CCOs workstream will include considerations of interest to the IMSB and their input will be requested and considered at the appropriate time.
16. 17.
General
18. As previously advised, the CCO review will be resourced internally. Resourcing is likely to include some CCO staff, which will also help to ensure a collaborative process.
Attachments
No. A Title Terms of Reference for CCO Review Page 163
Signatories
Author Authorisers Catherine Syme - Principal Advisor, CCO Governance and External Partnerships Mark Butcher - Treasurer Andrew McKenzie - Chief Finance Officer Stephen Town - Chief Executive
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Item 13
Decision-making ensuring that decision making responsibilities of CCO boards are clear, including identifying when decisions require shareholder approval and engagement and/or public input
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File No.: CP2014/04701
Purpose
1. To adopt the resolutions recommended by the Regulatory and Bylaws Committee on a bylaw to manage council-owned cemeteries and crematoria.
Executive Summary
2. At its meeting on 19 March 2014, the Regulatory and Bylaws Committee considered advice that a bylaw is the most appropriate way to manage council-owned cemeteries and crematoria. The committee also agreed that a statement of proposal should be adopted, with a proposed bylaw, for public consultation which will be undertaken in early 2014. Under the Local Government (Auckland Council) Act 2009, the legacy cemeteries and crematoria bylaws are deemed to have been made by Auckland Council. Like all the bylaws inherited by Auckland Council, these bylaws remain operative until 31 October 2015, where after they lapse. This presents Auckland Council with an opportunity to review the legacy bylaws to ensure they meet the requirements of the council and the community. This includes considering if a bylaw is the most appropriate method of dealing with the issues faced by the council. All legacy councils had cemeteries and crematoria bylaws addressing various activities in council-owned or operated cemeteries and crematoria; this review proposes to align the general management of these cemeteries and crematoria while retaining an element of local variation. A bylaw is recommended to regulate operational council-owned or operated cemeteries and crematoria, supported by a Code of Practice detailing specific process. Issues that have been addressed by other regulatory or non-regulatory means are recommended to be removed from the proposed bylaw and managed via existing mechanisms. The proposed bylaw is consistent with the New Zealand Bill of Rights Act 1990 and is in the most appropriate form. It meets the requirements of section 155 of the Local Government Act 2002. The council proposes the revocation of the legacy bylaws and the making of a new Cemeteries and Crematoria Bylaw 2014 supported by a Code of Practice. The Regulatory and Bylaws Committee resolved to present its resolutions to the Governing Body for adoption. The original report to the Regulatory and Bylaws Committee is appended as Attachment A. The Regulatory and Bylaws Committee agreed that the Manager Policies and Bylaws be authorised to change Mori Area to Wahi Tapu Mori in the Cemeteries and Crematoria Bylaw Statement of Proposal. The updated documents, with this amendment, are also appended to this report (Attachments B, C and D).
3.
4.
5.
6. 7. 8.
Cemeteries and Crematoria Bylaw: Statement of Proposal - Resolutions from the Regulatory and Bylaws Committee
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Recommendations
That the Governing Body: a) agree that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing management issues relating to councilowned cemeteries and crematoria; agree that under section 155(2)(a) of the Local Government Act 2002, the proposed draft Cemeteries and Crematoria Bylaw 2014 is the most appropriate form of bylaw to manage issues in council-owned cemeteries and crematoria; agree that under section 155(2)(b) of the Local Government Act 2002, the proposed draft Cemeteries and Crematoria Bylaw 2014 is not inconsistent with the New Zealand Bill of Rights Act 1990; agree that under section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, Auckland Council proposes to revoke in full seven legacy bylaws and revoke the relevant provisions of one other legacy bylaw on cemeteries and crematoria (and replace them with the proposed draft Cemeteries and Crematoria Bylaw 2014); agree that under sections 83 and 86 of the Local Government Act 2002, Attachment A: Statement of Proposal Review of Cemeteries and Crematoria Bylaw 2014, the draft Cemeteries and Crematoria Bylaw 2014 and the draft Code of Practice be adopted for public consultation; agree that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal, the proposed Cemeteries and Crematoria Bylaw 2014 or the Code of Practice to correct any identified errors or typographical edits.
b)
c)
d)
e)
f)
Attachments
No. A B C D Title Cemeteries and Crematoria Bylaw - Regulatory & Bylaws Committee Report Regulatory Impact Statement Proposed Cemeteries and Crematoria Bylaw Proposed Cemeteries and Crematoria Code of Practice Page 171 177 201 211
Signatories
Author Authorisers Elaine Stephenson - Democracy Advisor Stephen Town - Chief Executive
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File No.: CP2014/05334
Purpose
1. For the Governing Body to consider a request from five local board chairs, representing their communities, in bringing forward the implementation date of the Public Safety and Nuisance Bylaw 2013, and to accelerate the development of the Local Approved Products Policy.
Executive Summary
2. This report was not available at the time the agenda went to print and will be provided prior to the 27 March Governing Body meeting.
Recommendation/s
The report will contain the recommendations for this item.
Attachments
There are no attachments for this report.
Signatories
Author Authorisers Elaine Stephenson - Democracy Advisor Stephen Town - Chief Executive
Request to amend the implementation date of the Public Safety and Nuisance Bylaw 2013, and to accelerate the development of the local approved products policy
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Item 15
Request to amend the implementation date of the Public Safety and Nuisance Bylaw 2013, and to accelerate the development of the local approved products policy
2014 Local Government New Zealand AGM and Conference

File No.: CP2014/04918
Purpose
1. To appoint delegates to attend the Local Government New Zealand (LGNZ) Annual General Meeting (AGM) and conference in Nelson from Sunday, 20 July 2014 to Tuesday, 22 July 2014.
Executive Summary
2. Auckland Council is entitled to have four official delegates to the LGNZ AGM, one of whom is the presiding (or voting) delegate. The Mayor is a member of the LGNZ National Council, the Deputy Mayor is the Mayors alternate for this position, Cr Webster chairs LGNZ Zone One and is a member of LGNZ National Council, and Cr Cashmore is a member of the Regional Sector Group of LGNZ. The Mayor, Deputy Mayor and Councillor Webster have indicated that they will be attending the AGM and conference and will take up three of the official delegate positions. The Chief Executive will be the final official delegate to support the Auckland Council delegates. There is no restriction on numbers attending the conference programme itself. In addition to the three elected member official delegates highlighted above and Councillor Cashmore as a member of the Regional Sector Group, additional members attendance at the Conference is approved by the Governing Body. Local Board members are entitled to attend the conference. Attendance will be considered by each Local Board, with costs to be met from Local Board budgets. As in previous years, the expectation is that Boards will approve no more than one member to attend the conference. The Independent Mori Statutory Board will be invited to send delegates as part of Councils delegation as happened in previous years. Attendees at the 2013 conference and AGM included the following: Mayor Brown and Councillors Hulse, Webster and Northey (2012 Councillors Filipaina, Fletcher, Wood). 15 Local Board members (2012 22 members). Two Independent Mori Statutory Board members (2012 two members). 7. 8. The cost of registration is $1,510 including GST; travel and accommodation costs are additional. The theme of this years conference is Powering Local Economies Building Vibrant Communities. A copy of the programme is appended as Attachment A.
3.
4.
5. 6.
Recommendation/s
That the Governing Body: a) appoint the Mayor, Deputy Mayor, Cr Webster and the Chief Executive (or nominee) as its official delegates to attend the Local Government New Zealand Annual General Meeting on 20 July 2014, with the Mayor as the presiding delegate, and approve their attendance at the Conference. approve the attendance of further Councillors, including Councillor Cashmore, at the Local Government New Zealand Conference from 20 July 2014 to 22 July 2014.
b)
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Attachments
Item 16
No. A
Title Local Government New Zealand Conference 2014 Programme
Page 235
Signatories
Author Authorisers Claire Giraud Councillor Support Advisor - LGNZ Zone 1 Secretary Marguerite Delbet - Manager Democracy Services Grant Taylor - Governance Director Stephen Town - Chief Executive
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I hereby give notice that an ordinary meeting of the Governing Body will be held on:

Date: Time: Meeting Room: Venue:

Governing Body OPEN AGENDA

Governing Body 27 March 2014

Governing Body 27 March 2014

Auckland Regional Amenities Funding Plan 2014-15

Auckland Regional Amenities Funding Plan 2014-15

Governing Body 27 March 2014

19 March 2014 27 March 2014

No later than 30 April 2014

Auckland Regional Amenities Funding Plan 2014-15

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Auckland Regional Amenities Funding Plan 2014-15

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Auckland Regional Amenities Funding Plan 2014-15

Governing Body 27 March 2014

Mori Impact Statement

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Governing Body 27 March 2014

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Governing Body 27 March 2014

Auckland Regional Amenities Funding Plan 2014-15

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Auckland Regional Amenities Funding Plan 2014-15

Governing Body 27 March 2014

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Auckland Regional Amenities Funding Plan 2014-15

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