AGENDA
Audit, Risk, and Finance Committee Meeting
Thursday, 25 July 2019
Time: |
12:45 PM |
Location: |
Council Chamber Memorial Avenue Kaikohe |
Membership:
Cr John Vujcich - Chairperson
Mayor John Carter
Cr Tania McInnes
Cr Ann Court
Cr Felicity Foy
Cr Colin (Toss) Kitchen
Cr Sally Macauley
Cr Kelly Stratford
Member Bruce Robertson
Member Adele Gardner
Member Mike Edmonds
Member Terry Greening
Audit, Risk, and Finance Committee Meeting Agenda |
25 July 2019 |
AUDIT, RISK AND FINANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS
Name |
Responsibility (i.e. Chairperson etc) |
Declaration of Interests |
Nature of Potential Interest |
Member's Proposed Management Plan |
Hon John Carter QSO |
Board Member of the Local Government Protection Programme |
Board Member of the Local Government Protection Program |
|
|
Carter Family Trust |
|
|
|
|
Felicity Foy |
Director - Northland Planning & Development |
I am the director of a planning and development consultancy that is based in the Far North and have two employees.
Property owner of Commerce Street, Kaitaia |
|
I will abstain from any debate and voting on proposed plan change items for the Far North District Plan. |
I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team. |
||||
I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner. |
||||
Flick Trustee Ltd |
I am the director of this company that is the company trustee of Flick Family Trust that owns properties on Weber Place, Seaview Road, and Allen Bell Drive. |
|
|
|
Elbury Holdings Limited |
This company is directed by my parents Fiona and Kevin King. |
This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive. |
|
|
Foy Farms partnership |
Owner and partner in Foy Farms - a farm in three titles on Church Road, Kaingaroa |
|
|
|
Foy Farms Rentals |
Owner and rental manager of Foy Farms Rentals for 6 dwellings on Church Road, Kaingaroa and 2 dwelling on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia |
|
|
|
King Family Trust |
This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane. |
These trusts own properties in the Far North. |
|
|
Previous employment at FNDC 2007-16 |
I consider the staff members at FNDC to be my friends |
|
|
|
Partner Felicity Foy |
Employed by Justaplumber Taipa |
|
|
|
Friends with some FNDC employees |
|
|
|
|
Colin Kitchen |
No form received |
|
|
|
Tania McInnes |
Director – GBT Ventures Ltd |
Company not currently operational |
|
Will notify Council if company becomes operational. |
Member of Northland Conservation Board |
|
Conservation matters not aligned with Council policy. |
Will notify Council should a perceived conflict arise. |
|
Trustee – Northland Youth Education Trust |
|
No perceived conflicts |
Will notify Council should a perceived conflict arise. |
|
Founder – Bay of Islands Women’s Nexus |
No perceived conflicts. An informal organisation |
|
|
|
Own a section on Seaview Road, Paihia 0200 |
|
|
|
|
Having worked within the organisation in the early 2000’s, I know a number of staff, none of which I am close with. |
|
|
|
|
John Vujcich |
Board Member |
Ngati Hine Health Trust |
Matters pertaining to property or decisions that may impact of their health services |
Declare interest and abstain |
Board Member |
Pioneer Village |
Matters relating to funding and assets |
Declare interest and abstain |
|
Director |
Waitukupata Forest Ltd |
Potential for council activity to directly affect its assets |
Declare interest and abstain |
|
Director |
Rural Service Solutions Ltd |
Matters where council regulatory function impact of company services |
Declare interest and abstain |
|
Director |
Kaikohe (Rau Marama) Community Trust |
Potential funder |
Declare interest and abstain |
|
Partner |
MJ & EMJ Vujcich |
Matters where council regulatory function impacts on partnership owned assets |
Declare interest and abstain |
|
Member |
Kaikohe Rotary Club |
Potential funder, or impact on Rotary projects |
Declare interest and abstain |
|
Member |
New Zealand Institute of Directors |
Potential provider of training to Council |
Declare a Conflict of Interest |
|
Member |
Institute of IT Professionals |
Unlikely, but possible provider of services to Council |
Declare a Conflict of Interest |
|
Member |
Kaikohe Business Association |
Possible funding provider |
Declare a Conflict of Interest |
|
Ann Court |
Waipapa Business Association |
Member |
||
Warren Pattinson Limited |
Shareholder |
Building company. FNDC is a regulator and enforcer |
No FNDC Controls |
|
Kerikeri Irrigation |
Supplies my water |
|
No EM intervention in disputes |
|
Top Energy |
Supplies my power |
|
No other interest greater than the publics |
|
District Licensing |
N/A |
N/A |
N/A |
|
Top Energy Consumer Trust |
Trustee |
Crossover in regulatory functions, consenting economic development and contracts such as street lighting. |
Declare interest and abstain from voting. |
|
Ann Court Trust |
Private |
Private |
N/A |
|
Waipapa Rotary |
Honorary member |
Potential community funding submitter |
Declare interest and abstain from voting. |
|
Properties on Onekura Road, Waipapa |
Owner Shareholder |
Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse) |
Declare interest and abstain from voting. |
|
Property on Daroux Dr, Waipapa |
Financial interest |
|
|
|
Flowers (I get flowers occasionally) |
Ratepayer 'Thankyou' |
Bias/ Pre-determination? |
Declare to Governance |
|
Coffee and food |
Ratepayers sometimes 'shout' food and beverage |
Bias or pre-determination |
Case by case |
|
Consider all staff my friends |
N/A |
Suggestion of not being impartial or pre-determined! |
Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair. |
|
|
My husband is a builder and may do work for Council staff |
|
|
|
Warren Pattinson (Husband) |
Warren Pattinson Limited |
Director |
Building Company. FNDC is a regulator |
Remain at arm’s length |
Air NZ |
shareholder |
None |
None |
|
Warren Pattinson Limited |
Builder |
FNDC is the consent authority, regulator and enforcer. |
Apply arm’s length rules |
|
Kurbside Rod and Custom Club (unlikely) |
President NZ Hot Rod Association |
Potential to be linked to a funding applicant and my wife is on the decision making committee. |
unlikely to materialise but would absent myself from any process as would Ann. |
|
Property on Onekura Road, Waipapa |
Owner |
Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development. |
Would not submit. Rest on a case by case basis. |
|
Sally Macauley |
Chairman |
Northland District Health Board |
Matters pertaining to health issues re Fluoride and freshwater as an example. |
Declare a perceived conflict. |
Chairman |
Oranga Tamaraki - Ministry of Vulnerable Children- Northland Community Response Forum |
Matters pertaining to this ministry |
Declare a perceived conflict. |
|
Judicial Justice of the Peace |
Visitations to Ngawha Prison |
Matters pertaining to Judicial Issues re Ngawha Prison |
Declare a perceived Interest |
|
The Turner Centre |
FNDC Representative |
Observer, acknowledging FNDC financial contribution. |
Note FNDC partnership |
|
Trustee |
Kaikohe Education Trust |
Providing students laptops - possible request for written support to funders |
Declare a conflict |
|
Executive member |
Kaikohe Business Association |
Matters pertaining to request for written support to funders. |
|
|
Chairman |
Bay of Islands Arts Festival Trust |
Issues pertaining to the application of support funds |
Declare a conflict of interests |
|
Trustee |
Bay of Islands Radio Marine |
Issues pertaining to the application of support funds |
Declare a conflict of interests |
|
Secretary/Trustee |
Kerikeri International Piano Competition |
Issues pertaining to the application of support funds |
Declare a conflict of interests |
|
Trustee/Director |
Kaikohe Community and Youth Trust |
Possible application of support funding |
Declare a conflict of interests |
|
Commercial |
Palmer Macauley Offices- Kerikeri and Kaikohe |
Infrastructural matters with FNDC |
Declare a conflict |
|
Private property of which there would not be any conflict. |
|
|
||
Paihia, Kerikeri, Kaikohe |
|
|
|
|
Peter Macauley (Husband) |
Senior Partner |
Palmer Macauley |
|
|
Peter Macualey |
Barristers and Solicitors- Kerikeri, Kaikohe and Mangonui |
Legal matters with FNDC |
|
|
Director/Trustee |
|
|
||
St John NZ Priory Chapter |
St John Priory Chapter |
Legal matters with FNDC |
Declare a conflict |
|
Senior Partner |
Peter Macauley- Palmer Macauley Barristers and Solicitors Kaikohe, Kerikeri AND Mangonui |
Legal matters with FNDC |
Declare a conflict |
|
St John NZ |
Priory Trust Board |
Writing of policies and legal matters as an example |
Note Interests |
|
Lions Club of Kaikohe |
Director |
Legal matters etc |
Note Interests |
|
Kaikohe Rugby Club |
Patron |
Legal Matters |
|
|
Viking Rugby Club, Whangarei |
Life Member |
Legal Matters |
|
|
Private Property |
|
|
||
Kerikeri, Paihia - no contents. |
|
|
|
|
Bruce Robertson |
No interests to declare |
|
|
|
Mike Edmonds |
Chair |
Kaikohe Mechanical and Historic Trust |
Council Funding |
Decide at the time |
Committee member |
Kaikohe Rugby Football and Sports Club |
Council Funding |
Withdraw and abstain |
|
Adele Gardner |
N/A - FNDC Honorarium |
|
|
|
The Far North 20/20, ICT Trust |
Trustee |
|
|
|
Te Ahu Charitable Trust |
Trustee |
|
|
|
ST Johns Kaitaia Branch |
Trustee/ Committee Member |
|
|
|
I know many FNDC staff members as I was an FNDC staff member from 1994-2008. |
|
|
|
|
Partner of Adele Gardner |
N/A as Retired |
|
|
|
Terry Greening |
Greening Family Trust |
Beneficiary |
|
Highly unlikely to interface with FNDC |
Bay of Islands Walking Weekend Trust |
|
Potential of seeking funds |
Step aside from any requests or decisions regarding requests |
|
Russell 2000 Trust (Chairman) |
|
|
Trust is about to wind up. |
|
Russell Centennial Trust (Chairman) |
Manages Russell Museum |
Seeks funds from council |
Step aside from any requests or decisions regarding requests |
|
Residence at Kaha Place, Russell |
Nil |
Nil |
N/A |
|
Terry Greening (Wife) |
Greening Family Trust |
Beneficiary |
N/A |
N/A |
Residence at Kaha Place, Russell |
|
|
|
|
Cr Kelly Stratford |
Office manager at Kinghans. |
|
|
|
Denture assistant at
Kawakawa denture Services |
None |
None |
|
|
KS Bookkeeping and Administration |
Business owner, bookkeeping and development of environment management plans for clients. |
None perceived |
I’d step aside from decisions that arise, that may have conflicts. |
|
Kinghans Accounting |
Office Administration |
None perceived |
Step aside from decisions that arise, that may have conflicts. |
|
Waikare Marae Trustees |
Trustee |
May be perceived conflicts |
Case by case basis |
|
Kawakawa Business & Community Association |
Committee member/newsletter editor and printer |
None perceived |
If there was a perceived conflict, I will step aside from decision making |
|
Bay of Islands College |
Parent elected trustee |
None perceived |
If there was a perceived conflict, I will step aside from decision making |
|
Karetu School Bay Cosmos Soccer |
Parent elected trustee. Committee member and coach |
None perceived |
If there was a perceived conflict, I will step aside from decision making |
|
Property in Waikare and Moerewa |
|
|
If there was a perceived conflict, I will step aside from decision making |
|
Coffee and food |
Ratepayers sometimes 'shout' food and beverage |
Bias or pre-determination |
Case by case |
|
Kelly Stratford (Husband) |
Property in Moerewa |
|
N/A |
N/A |
Audit, Risk, and Finance Committee Meeting Agenda |
25 July 2019 |
Audit, Risk, and Finance Committee Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Thursday 25 July 2019 at 12:45 PM
Order Of Business
1 Apologies and Declarations of Interest
3 Confirmation of Previous Minutes
3.1 Confirmation of Previous Minutes
4 Strategic Planning and Policy Group
5 Corporate Service Group ………………………………………………………………………..
5.1 Audit, Risk and Finance Sub Committee Terms of Reference
Supplementary Agenda
6.1 Revenue Recovery Report - June 2019
6.3 Internal Audit and Assurance
6.5 Level of Service KPI Quarter 4 Performance Report Supplementary Agenda
7.1 Confirmation of Previous Minutes (Public Excluded)
7.2 FNDC Current Legal Action Potential Liability Claims
7.3 FNHL - Re-appointment of Directors
Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Committee and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.
If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Governance Support (preferably before the meeting).
It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.
No requests for deputations were received at the time of the Agenda going to print.
25 July 2019 |
3 Confirmation of Previous Minutes
3.1 Confirmation of Previous Minutes
File Number: A2497689
Author: Melissa Wood, Meetings Administrator
Authoriser: Aisha Huriwai, Team Leader Governance Support
Purpose of the Report
The minutes of the previous Audit, Risk, and Finance Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record
That the Audit, Risk, and Finance Committee confirm that the minutes of the meeting of the Committee held 30 May 2019 are a true and correct record. |
1) Background
Local Government Act 2002 Schedule 7 clause 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.
2) Discussion and Options
The minutes of the meeting are attached. Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.
Reason for the recommendation
The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meeting
3) Financial Implications and Budgetary Provision
There are no financial implications or the need for budgetary provision as a result of this report.
1. Audit, Risk, and Finance Committee Unconfirmed Minutes - 30 May 2019 - A2491687 ⇩
Compliance schedule:
Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:
1. A Local authority must, in the course of the decision-making process,
a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b) Assess the options in terms of their advantages and disadvantages; and
c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.
2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.
Compliance requirement |
Staff assessment |
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy |
This is a matter of low significance |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
This report complies with the Local Government Act 2002 Schedule 7 Section 28. |
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought. |
It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant. |
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. |
There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report. |
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences. |
This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports. |
State the financial implications and where budgetary provisions have been made to support this decision. |
There are no financial implications or the need for budgetary provision arising from this report. |
Chief Financial Officer review. |
The Chief Financial Officer has not reviewed this report. |
Audit, Risk, and Finance Committee Meeting Agenda |
25 July 2019 |
MINUTES OF Far North District Council
Audit, Risk, and
Finance Committee Meeting
HELD AT THE Council
Chamber, Memorial Avenue, Kaikohe
ON Thursday, 30 May
2019 AT 12:45
PM
PRESENT: Cr John Vujcich, Mayor John Carter (HWTM), Cr Tania McInnes (Deputy Mayor), Cr Felicity Foy (video conference), Cr Colin (Toss) Kitchen, Cr Sally Macauley, Cr Kelly Stratford, Member Bruce Robertson, Member Adele Gardner, Member Mike Edmonds, Member Terry Greening
IN ATTENDANCE: Cr Dave Hookway
STAFF PRESENT: Shaun Clarke - Chief Executive Officer, Janice Smith - General Manager Corporate Services (Acting), Dean Myburgh - General Manager District Services, Jaime Dyhrberg - Executive Officer, David Clamp - Manager Infrastructure Project Delivery, Darren Edwards - Manager Environmental Services, Sheryl Gavin - Manager Corporate Planning & Engagement, Matt Bell - Manager Risk & Improvement, Glenn Rainham - Manager Infrastructure Operations, Roger Ackers - Manager Strategy Development, George Swanepoel - In House Counsel, Angie Thomas - Chief Financial Officer (Acting), Ken Lewis - Senior Communications Advisor
1 Apology |
Committee Resolution 2019/6 Moved: Mayor John Carter Seconded: Member Terry Greening That the apology received from Cr Court be accepted and leave of absence granted. Carried |
2 Deputation
There were no deputations
3 Deputation
3.1 Major Item not on the Agenda |
Committee Resolution 2019/7 Moved: Cr Kelly Stratford Seconded: Cr John Vujcich That the matter of ‘Rating Relief Policy Consultation – Hearings Panel’ be considered by the Audit, Risk and Finance Committee as a matter for urgent consideration as provided for in Section 46A(7) of the Local Government Official Information and Meetings Act 1987 on the grounds that consultation on the matter concluded the day before this meeting. Two submitters have asked to speak to their submissions and cannot be delayed until a later date because the latest opportunity to adopt the amendments is at the next Council meeting scheduled for 27 June 2019. Carried |
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes Agenda item 3.1 document number A2422994, pages 12 - 13 refers |
Committee Resolution 2019/8 Moved: Member Adele Gardner Seconded: Cr Colin (Toss) Kitchen That the Audit, Risk, and Finance Committee confirm that the minutes of the meeting of the Committee held 28 March 2019 are a true and correct record. Carried |
5 Corporate Services Group
5.1 Far North District Council Data Governance Agenda item 4.1 document number A2478655, pages 19 - 21 refers |
Committee Resolution 2019/9 Moved: Member Mike Edmonds Seconded: Cr John Vujcich That the Committee form a subcommittee of the Audit, Risk, and Finance Committee with staff, including setting the terms of reference and any other recommendations with respect to data governance, the elected members to be on the subcommittee are Cr John Vujcich, Cr Dave Hookway, Member Mike Edmonds and Member Bruce Robertson. Carried |
5.2 Rating Relief Policy Consultation - Hearings Panel |
Committee Resolution 2019/10 Moved: Cr Kelly Stratford Seconded: Cr John Vujcich That the Audit, Risk and Finance Committee establish a panel to hear submissions on the 2019 amendments to the Rating Relief Policies. Carried |
5.3 Risk Management Report - April / May 2019 Agenda item 4.2 document number A2457349, pages 22 - 24 refers |
Committee Resolution 2019/11 Moved: Cr Tania McInnes Seconded: Member Terry Greening That the Audit, Risk, and Finance Committee receive and approve the Organisational Top 12 Risks Dashboard. Carried |
6 Information Reports
6.1 Audit Management Report for June 2018 Agenda item 5.2 document number A2479614, pages 35 - 35 refers |
Committee Resolution 2019/12 Moved: Cr Kelly Stratford Seconded: Member Bruce Robertson That the Audit, Risk, and Finance Committee receive the report “Audit Management Report for June 2018”. Carried |
6.2 External Audit arrangements for 2018-2019 Agenda item 5.3 document number A2473423, pages 72 - 73 refers |
Committee Resolution 2019/13 Moved: Cr Tania McInnes Seconded: Cr Sally Macauley That the Audit, Risk, and Finance Committee receive the report External Audit arrangements for 2018-2019. Carried |
6.3 Level of Service KPI Quarter 3 Performance Report Agenda item 5.4 document number A2476462, pages 110 - 110 refers |
Committee Resolution 2019/14 Moved: Cr Felicity Foy Seconded: Cr Kelly Stratford That the Audit, Risk, and Finance Committee receive the report “Level of Service KPI Quarter 3 Performance Report . Carried |
At 2:22 pm, Member Terry Greening left the meeting. At 2:24 pm, Member Terry Greening returned to the meeting.
6.4 Revenue Recovery Report - March 2019 Agenda item 5.5 document number A2479959, pages 135 - 136 refers |
Committee Resolution 2019/15 Moved: Cr Tania McInnes Seconded: Cr Kelly Stratford That the Audit, Risk, and Finance Committee receive the report “Revenue Recovery Report - March 2019”. Carried |
6.5 Council Financial Report as at 30 April 2019 Agenda item 5.6 document number A2480294, pages 140 - 140 refers |
Committee Resolution 2019/16 Moved: Cr Kelly Stratford Seconded: Cr John Vujcich That the Audit, Risk, and Finance Committee receive the report “Council Financial Report as at 30 April 2019”. Carried |
6.6 Capital Programme 2018/2019 Agenda item 5.7 document number A2480371, pages 158 - 159 refers |
Committee Resolution 2019/17 Moved: Mayor John Carter Seconded: Cr Felicity Foy That the Audit, Risk, and Finance Committee receive the report Capital Programme 2018/2019. Carried |
6.7 Update on Risk Treatment Plan for risk related to maintaining Building Consent Authority IANZ Accreditation in October 2019. Agenda item 5.1 document number A2473943, pages 29 - 31 refers |
Committee Resolution 2019/18 Moved: Cr Kelly Stratford Seconded: Mayor John Carter That the Audit, Risk, and Finance Committee receive the report “Update on Risk Treatment Plan for risk related to maintaining Building Consent Authority IANZ Accreditation in October 2019. Carried |
At 2:44 pm, Cr Tania McInnes left the meeting.
At 3:01 pm, Mayor John Carter left the meeting. At 3:05 pm, Mayor John Carter returned to the meeting.
7 Public Excluded
RESOLUTION TO EXCLUDE THE PUBLIC
Committee Resolution 2019/19 Moved: Cr Colin (Toss) Kitchen Seconded: Cr Kelly Stratford That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
Carried |
7 Confirmation of Information and Decisions in Open Meeting. |
Committee Resolution 2019/20 Moved: Cr John Vujcich Seconded: Member Terry Greening That the Audit, Risk, and Finance Committee confirms that the information and decisions contained in the part of the meeting held with the public excluded are not to be restated in public meeting. Carried |
8 Meeting Close
The Meeting closed at 3:35 pm.
The minutes of this meeting were confirmed at the Audit, Risk, and Finance Committee Meeting held on 25 July 2019.
...................................................
CHAIRPERSON
25 July 2019 |
4 Strategic Planning and Policy Group
File Number: A2541869
Author: Manawa Johnson, Strategic Planner
Authoriser: Sheryl Gavin, General Manager - Strategic Planning and Policy (Acting)
Purpose of the Report
To seek approval for the Risk Management Policy 2019.
Executive Summary
· The Council’s Risk Management Policy was developed and implemented in 2014 and was due to be reviewed in 2017. Council has not had the capacity to review the policy until 2019.
· The Risk Management Policy has been reviewed and updated in accordance with the Council’s commitment to improve its performance and responsiveness to the community. Council is aiming for excellence and updating the risk management policy supports a cohesive approach to improve in the area of financial decision making and transparency.
· This report provides the Committee with three options to consider including adopt the recent review; maintain the status quo; or defer the review until a later date. Council recommends endorsing the review to enable implementation of the policy.
That the Audit, Risk, and Finance Committee recommend that Council adopt the 2019 Risk Management Policy.
|
1) Background
Council has statutory obligations to deliver services to the community. These services are required to be efficient, effective and appropriate to current and future circumstances. The Council risk management policy has been developed to meet demanding requirements and aid organisational resilience.
The Council risk management policy was originally developed and implemented in 2014 and was due to be reviewed in 2017. The 2014 policy was circular in nature, educational and included operational procedures and processes. The risk management policy has been reviewed to be a core policy document to guide management and staff on risk management expectations.
The risk management policy 2019 addresses the following issues identified in the 2014 policy;
- the readability and circular referencing causing confusion
- lack of acknowledgement of risks as opportunities
- ensuring monitoring and compliance can be applied in practice
2) Discussion and Options
Option One: do nothing
Under Option One the 2014 policy will remain in force to manage risk and guide staff on risk management expectations. While the 2014 policy represents good practice, the policy does not acknowledge recent developments within the organisation since the policies implementation and adoption in 2014.
If this option is adopted then Council loses the opportunity to support staff and management to improve performance in the areas of financial decision making and transparency through an updated and reviewed risk management policy.
Option Two: Adopt the 2019 Risk Management Policy (recommended option)
Option two proposes an approach to support recent developments by the Council to improve its risk management processes while maintaining good practice expectations. Approving the 2019 policy and allowing for a period of implementation provides Council with an opportunity for a further review in three years to determine its level of compliance and recognise other developments in the risk management area.
If this option is adopted Council will have an updated risk management policy that reflects the current climate.
Option Three: Address the policy review once the new Council is formed
Option three proposes reviewing the policy once the new Council has been formed post the elections in October 2019. Option three would see the risk management policy being considered at the first Committee meeting.
If this option is adopted then reviewing the policy will be delayed. The 2014 risk management policy was due to be reviewed in 2017. The review date has already been missed and Council runs the risk of continuing with a pattern of missing review dates in coming years. This option is therefore not recommended.
Reason for the recommendation
Option two is recommended for the following reasons:
1. it addresses the issue of the 2017 review date lapse;
2. it adopts a best practice approach to risk management;
3. it supports the move towards a cohesive approach to improve financial decision making and transparency.
3) Financial Implications and Budgetary Provision
The financial implications of the recommended option can be accommodated in the current budgets.
1. Risk Management Policy - A2538315 ⇩
Compliance schedule:
Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:
1. A Local authority must, in the course of the decision-making process,
a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b) Assess the options in terms of their advantages and disadvantages; and
c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.
2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.
Compliance requirement |
Staff assessment |
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy |
The recommendation in itself contained in this report does not meet the thresholds as set in the Council’s Significance and Engagement Policy. |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
The recommendation in this report is aimed at complying with Part 6 – Planning, Decision Making and Accountability of the Local Government Act. |
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought. |
Reviewing a policy has District wide relevance and therefore does not require involvement from the Community Boards. |
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. |
The recommendation in this report has no direct impact on Maori. |
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences. |
The recommendation has no direct impact on any particular interested party or individual. |
State the financial implications and where budgetary provisions have been made to support this decision. |
There is no requirement for additional capital of operational budget to be requested beyond what is already budgeted for. |
Chief Financial Officer review. |
The Chief Financial Officer has not reviewed this report. |
Audit, Risk, and Finance Committee Meeting Agenda |
25 July 2019 |
1. Objective
Far North District Council (FNDC) is committed to improving decision making through effective risk management. FNDC will ensure so far as reasonably practicable, an effective integrated process for managing risk is implemented to guide management and staff on risk management expectations.
FNDC is committed to ensuring sustainable and effective management of risks at all levels:
Communication
· Develop a risk communication strategy to encourage accountability and ownership of risk
· Ensure regular discussion on risk management in staff forums to ensure appropriate awareness and understanding of risk
· Communicate with the community on risks and build confidence in the activities of Council.
Reporting
· Actively encourage ownership of risk through regular risk reports
· Identify emerging, changing and decreasing risks of potential impact to the achievement of Council objectives
· Updating relevant agencies on compliance with regulatory requirements.
Monitoring
· Systematic assessment of the key risks for Council
· Measure risk treatment and reporting frequency
· Monitor the application and effectiveness of risk management to ensure relevance and alignment with Council expectations.
Compliance
· Measure the treatment and frequency of risk
· Design improvements where the risk treatment is not operating effectively or efficiently
· Identify the controls for treating the risk and ensure the control is implemented.
Consultation
· Encourage consultation and participation of staff in all matters relating to risk, risk issues and treatment of risk
· Support managers and staff on the controls and activities for treating risk in general and the specific risks that are their responsibility to manage
· Actively encourage continuous improvement of sustainable and effective risk management.
Responsibilities
FNDC requires active participation from all staff to ensure sustainable and effective risk management. FNDC shall where reasonably practicable, take responsibility as follows:
· be actively involved in promoting a positive risk management culture
· have an understanding of the risks relevant to the area of responsibility
· develop and maintain a level of risk management competency
· take responsibility and accountability for treating and controlling risk
· identify risk, assess inherent and residual risk, and determine treatment of risk
· share relevant risk management information at team meetings
· engage in risk management discussions
· ensure access to the right information on effective risk management
· escalate in a timely manner any risk management issues or concerns when they arise
· follow all policies, procedures and processes that are applicable
· report all risks in a timely manner in the Councils risk management reporting system
3. Relevant Policies and Procedures
AS/NZS ISO 31000:2009 |
|
Risk Management – Principles and Guidelines |
Council Policies and Procedures |
|
All FNDC policies and processes serve to manage risk by specifying and forming the controls that manage specific risks |
4. Definitions
–Term |
|
Definition |
AS/NZS ISO 31000:2009 |
|
Joint Australian New Zealand International Standard which provides principles and generic guidelines on risk management; and can be applied to any type of risk. FNDC Risk Management Policy embraces the principles and guidelines articulated in this document. |
Compliance |
|
Managing adherence to laws, regulations, guidelines and specifications relevant to FNDC. |
Control |
|
Measure that modifies effect of uncertainty on objectives. |
Inherent |
|
Impact of risk prior to treatment. |
Monitor |
|
Continual review of status of risk to identify change from the performance level required or expected. |
Review |
|
Activity, such as internal audit, taken to determine suitability, adequacy and effectiveness of control(s) to achieve objective. |
Risk |
|
Effect of uncertainty on objectives. |
Risk management |
|
Co-ordinated activities to direct and control FNDC with regard to risk. |
Risk Assessment |
|
A systematic and disciplined process of evaluating the uncertainty that may be involved in an activity. |
Risk Management Policy |
|
FNDC statement of overall intentions and direction related to risk management; captures good practice expectations. |
Reporting system |
|
Currently the system FNDC use is IDEATE, a tool which provides a disciplined approach to identifying, analysing and treating uncertainties. |
Residual |
|
Risk remaining after risk treatment. |
Treat |
|
Risk treatment creates a control (in descending order of preference): • Avoid the risk by deciding not to start or continue the activity that gives rise to the risk • Taking or increasing the risk in order to pursue an opportunity • Removing the source • Changing the probability/likelihood • Changing the impact/consequence • Sharing the risk with another party(s) • Retaining the risk by informed decision |
1.
2.
5. Approval
3.
4. This policy has been approved and will be reviewed every three years.
5.
6. Signed by Far North District Council – Chief Executive Officer
7.
8.
9.
10.
11.
12.
13.
14.
15. _________________________________________________
16.
Date:
25 July 2019 |
6.1 Revenue Recovery Report - June 2019
File Number: A2550617
Author: Margriet Veenstra, Manager - Transaction Services
Authoriser: William J Taylor MBE, General Manager - Corporate Services
Purpose of the Report
The purpose of this report is to provide quarterly reporting to the Far North District Council Audit, Risk, and Finance Committee.
Executive Summary
This is the fourth report for the financial year 2018/19 and provides information on action taken to collect the current and arrears balances for rates, water and Sundry Debt, and to provide information on how collection is tracking against targets.
That the Audit, Risk, and Finance Committee receive the report “Revenue Recovery Report - June 2019”. |
Background
This document has been prepared to outline current and arrears balances for rates, water and Sundry as at 30 June 2019 and the actions taken by the Debt Management Team for the collection of the General Title rates and Water and Sundry Debt.
This information is part of the standing items reported to the Committee on a regular basis.
Discussion and Next Steps
The information has been identified for General Title rates and water accounts as well as Maori Freehold Land rates and water accounts. Sundry debtors, which are other fee generating areas of council, are shown in a separate table.
The General Title rates arrears balance has been reduced by $567k quarter on quarter and water arrears by $124k. Statute Barred Write-off for General Title rates was processed this quarter for $6.3k.
Maori Freehold Land rates arrears balance has been reduced by $39k quarter on quarter and water arrears by $10k. Statute Barred Write-off for Maori Freehold Land rates and water was processed this quarter for $49k.
Below were the actions and focus areas for the fourth quarter for the Debt Management Team for the collection of the General Title rates and water and Sundry Debt.
· Instructions to initiate legal action for the recovery of rates have been submitted with external law firm and letters have been sent to all property owners.
o Files for Group 1 Residential Single Units - Single Ownership (14 properties) have been submitted to the courts.
§ One property owner has paid the full balance of $33,000. One other property owner has cleared $3,000 and is due to sign a Deed of Settlement to pay the remainder.
o Files for Group 2 Residential Single Units - Multiple Owners (16 properties) are in the process of being prepared to be submitted to the courts.
§ One property owner has paid the full balance of $11,289 and two others have paid a total of $8,000 and are due to sign a Deed of Settlement to pay the remainder
· The first tranche of properties to commence Abandoned Land procedures were approved at last Committee meeting.
o Step one of the process to commence in the first quarter of the new rating year.
· 100% external collection agency accounts have been taken back to Council.
o First and second letters have been sent as part of the Urgent Demand process.
o These will be passed to Law Firm if no contact is received in the first quarter of the new rating year
· Balance to be collected by other means has been reduced by $549k quarter on quarter. Of the balance remaining, the following actions have been commenced:
o $193k with external law firm, letters sent and legal proceedings imminent.
o $905k with external law firm to proceed once first group completed
o $690k at Stage 2 of Final Demand process
· Continuous audit of existing Arrangements to Pay to ensure the agreements are being met.
o Focussed on changing customers from an Arrangement to Pay to a variable Direct Debit to reduce workload.
· The ongoing promotion of the Internal Affairs Rates Rebates Scheme in day to day communications with customers and regular meetings with relevant community organisations is another key focus.
Additional focus areas quarter four:
· Sundry Debtors review
o Small Bad Debt and Credit Write-off journals prepared and approved
o Monthly meetings with Environmental Services commenced.
o Environmental Services audit of all aged debt in progress.
o Collaboration with Legal team to ensure the Law is interpreted correctly and communicated to customers.
Financial Implications and Budgetary Provision
Provision is made annually for doubtful debts in relation to the arrears owed to council. A higher provision for Maori Freehold land rates and water is made in comparison to General Title rates and water due to the difference in collection options available to Council.
1. 2019-07-25 ARF Revenue recovery Report attachment - A2550566 ⇩
Audit, Risk, and Finance Committee Meeting Agenda |
25 July 2019 |
General Title rates and water rates analysis by age at 30 June 2019
Maori Freehold Land rates and water analysis by age at 30 June 2019.
Sundry Debtors by age for 30 June 2019.
90+ days debt has been reduced by $132,252 quarter. Although the overall aged debt increased by $700,944, this was driven by Sundry where we have an unpaid $1M invoice for the Ministry of Health for the Rawene-Omanaia project. Payment is to be received by the end of July.
25 July 2019 |
File Number: A2543239
Author: Matt Bell, Manager - Risk and Improvement
Authoriser: William J Taylor MBE, General Manager - Corporate Services
Purpose of the Report
The purpose of this report is to provide an update to the Audit, Risk, and Finance Committee on the progress of the development of treatment plans for the Organisation’s Top 12 Risks.
Executive Summary
The Audit, Risk, and Finance Committee approved FNDC’s Organisation Top 12 Risk Dashboard at their May 2019 meeting. This report provides an update to the Committee on progress of the development of the treatment plans for these risks. Treatment plans have been started for eight of these top 12 risks, as attached.
That the Audit, Risk, and Finance Committee receive the report “Risk Management Report”.
|
Background
The Audit, Risk, and Finance Committee have completed a series of three risk management workshops. In May 2019 the FNDC’s Organisational Top 12 Risk Dashboard was presented to and approved by the Committee. The Risk and Improvement Team are facilitating the next step being the development of treatment plans for the top 12 risks.
Discussion and Next Steps
For Committee information please see attached, FNDC Organisational Top 12 Risk’s Dashboard and risk status progress reports (which includes treatment plans) for nine of these risks. The final three treatment plans are being finalised with the respective responsible individuals.
Moving forward the risk management report will continue to provide risk status progress reports. If additional assurance is required it is asked of the Committee to request this in advance to allow this information to be sourced and provided.
The date for the next risk workshop involving a deep dive on number five risk (as requested by the Committee) being the” Delivery of Services (Affordability) Risk’, is still in the process of being confirmed.
The Risk and Improvement Team are facilitating risk workshops with General Managers and their respective Tier Three Managers. These risk workshops will identify the top risks for each group and associated treatment plans. These top risks will include any risks that the Group has on the FNDC Organisational Top 12 Risk Dashboard.
These risks are going to be deemed ‘Group Risks’ and the intention is that the General Manager and respective Tier Three Managers will actively monitor and treat these. This will include regular, structured discussions, including a member from the Risk and Improvement team, to support effective risk management being embedded in the organisation.
Financial Implications and Budgetary Provision
To be confirmed as the detailed treatment plans are created for each of the 12 risks and whether additional budgetary provision is required.
1. Top 12 Organisational Risks July 2019 - A2559688 ⇩
2. Health Safety and Wellbeing Vulnerabilities - A2549812 ⇩
3. Asset Management Risk - A2549814 ⇩
4. Delivery of Service Risk - A2549817 ⇩
5. Projects / Priorities Delivery Delays - A2549821 ⇩
6. Compliance NRC Abatements - A2549852 ⇩
7. Data Governance Risk - A2549858 ⇩
8. Organisational Cohesion Risks - A2549860 ⇩
9. Customer Service Delivery - A2550304 ⇩
10. BCA Status Risk - A2550308 ⇩
25 July 2019 |
Description of risk and impact
· Health and Safety Vulnerabilities are those elements defined in the Health and Safety at Work (2015).
· Far North District Council (FNDC) has a duty to ensure, so far as is reasonably practicable, that the workplace is without risks to the health and safety of any person and has controls in place to eliminate or minimize those risks.
· Vulnerabilities:
· Lone Worker safety
· Health Monitoring for high risk staff
· Non-compliance against Asbestos regulations across our assets
· Quarry safety deficiencies are a WorkSafe focus
· Contractor Management
· Wellbeing programs to address our changing workforce
· Threatening behavior from members of the public
What has been done so far?
· 5 Year strategic plan has developed and approved, including a regular yearly calendar of core HS&W activities including training, policy development, volunteer engagement plans, wellbeing initiatives and emergency management across the sites.
·
Existing Treatments
· High level treatment plan:
· CouncilMark Improvement #6. Health and Safety Improvement
· Health and Safety Committee
· Health and Safety focused KPI for all staff
· Horizon 2 of 5 year strategy
Where are the gaps? / what more could we be doing?
· Reporting to Audit, Risk and Finance (ARF) to reviewed and re-scoped
· Worker engagement is developing
· Meeting legislative requirements (e.g. HSNO, Asbestos, Lone Worker)
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
Mgr. P&C |
Date accepted: |
30/05/19 |
|
25 July 2019 |
Description of risk and impact
· Full Asset Life Cycle Asset Management requires a “system thinking” integrated approach to optimizing the whole life cycle of our assets. This ensures fit for purpose, cost effective assets are designed, constructed, maintained and disposed of in a sustainable manner, to the benefit of our communities, ensuring kaitiakanga and enduring resilience.
· FNDC asset management processes are currently compromised by:
• No current Asset Management Information System
• Resulting in Piecemeal asset information (including number of assets)
• Incomplete condition assessment information
• Informal Asset Management Plans
• Under resourced in asset management and project scoping / business casing.
• Resulting in poor forecasting, business casing, project planning for critical assets
• A financial model based on a depreciation schedule, reporting on total value of spend
• The current renewals programme is typically based on age rather than condition.
• Affordability challenges with increasing maintenance costs
• Lack of integrated performance and reliability data from operations
• Operating run to failure of assets rather than programmed maintenance based on:
• Asset class
• Failure mode
• Life cycle cost modelling
• Predictive, preventative, risk based maintenance
• The lack of integration of asset growth impacts when considering asset renewal. (we need to operate in a “systems” approach.
• Lack of a robust project management frame work covering:
• Long term plan
• Project Concept
• Project Initiation
• Project planning and design
• Delivery and monitoring
• Handover and closeout
Existing Treatments
· High level treatment plan:
• Implementation of a New Asset Management Information System (Infor IPS) – in progress
• Asset condition assessment program - planned
• Integration of operational performance and reliability data from operations – being developed
• Establishing a project management frame work – in progress
• Creating Asset Management Plans for all asset classes, (LAMP) – being developed
• Projects identified within CouncilMark Improvements:
• 18. Asset Management Improvement
• 19. Three Waters Alliance Improvement
• 34. Process Management Framework Improvement
• 29. Capital Project Life Report Improvement
·
Where are the gaps? / what more could we be doing?
Thorough planning, analysis and timely execution to allow appropriate data-driven decision-making to occur and enable life cycle asset management to deliver:
· Optimised operating and maintenance strategies
· Organisational structure and Staffing requirements
· Reliability engineering processes
· Work control/planning and scheduling processes
· Equipment criticality and hierarchy (in the Asset Management Information System)
· Obsolescence and decommissioning plans
· Long term program of identified sustaining capital Projects and consents renewals life cycle allowing for the full project lifecycle to be completed (including consents, consultation, Iwi liaison, district growth impacts, new technologies and innovation) pulling from and informing the LAMP and ultimately the LTP.
· Robust Long Term Plans, funding and rating impacts trajectory .
EM information and data visibility: IAM need to be able to clearly articulate the tranche of projects into the future complete with costs, risks, controls, contingencies, mitigation and consequences of inaction. This will enable informed discussions and robust prioritization when finalizing financial commitments within the LTP.
Consultation:
Our open and transparent policy for consultation with all stakeholder particularly Iwi, impacts the time it takes to renew consents and implement projects. This risk needs to be reflected in all project timelines particularly within our LTP commitments. In the past this time and resource commitment has been significantly underestimated.
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
GM IAMs |
Date accepted: |
30/05/19 |
Six monthly |
25 July 2019 |
Description of risk and impact
· Economic delivery is the financial ability to deliver Council services, strategies and initiatives to the community at affordable levels.
· Affordability of services is acknowledged as one of FNs key challenges. With a small rating base, diverse socio-economic factors and large distributed infrastructure base and service requirement, this will get worse over time without intervention.
· Ageing infrastructure and the forecast impacts of climate change and natural hazards present further delivery challenges. We do not fully understand our assets – location, condition, capacity, long-range requirements. Unbudgeted costs emerge frequently as a result of under-estimation and poor understanding of requirements.
· The affordability of delivery relates predominantly to core infrastructure assets, although services such as enforcement cannot be excluded as an area of risk.
· Central government’s productivity commission enquiry acknowledges affordability as an issue for many councils, particularly for those without funding sources beyond rates and charges.
·
Existing Treatments
· FNDC has a traditional financial model of budgeting for endorsed plans and strategies such as the Long Term Plan, infrastructure and district plans including Council resource and capability to deliver on these plans and core service base.
· These plans and services are funded by mainly rating revenue, complemented by a small return on some assets such as pensioner housing, and Councils CCO, Far North Holdings Ltd, who provides a shareholder dividend back to council.
· A revenue and rating review is underway looking at aspects such as Land value vs. Capital value to see if additional revenue can be derived from a more equitable rating system for the district.
· This review is also planned in the near term to look at sources of revenue and investigate new opportunities to grow and improve the funding base and potential.
· Planned enhancements such as; planning quality, business casing, project support, asset condition and management and contract management will all assist with managing costs, however it will take time for the cumulative benefits from these initiatives to flow down to accurate budgeting and forecasting processes.
· FNDC has joined regional alliances such as the Northern Transport Alliance to share costs and opportunities and the regional shared services model is one that will be utilized more frequently.
· Longer term strategy work such as the "Far North 2100” initiative is underway to assist with forecasting future services and costs.
· High level treatment plan:
1. CouncilMark:
18. Asset Management Improvement
29. Capital Project Life Report Improvement
16. Long Term Asset Funding Improvement
2. Knowing where new assets will be required and when, including:
• Location, timing and quantum of potential growth/decline
• Current capacity of assets and likely future demand
• The future/agreed strategy for the asset class
• Where change (unforeseen and/or uncontrollable) may force action.
3. Accurate and process-driven options assessment, with realistic budgets and timelines (taking the guess-work out of corporate planning (LTP and Annual Plans).
4. Ensuring that work practices across Council are free of waste, keeping the rates requirement as low as possible.
5. Building a rating system that is as fair and equitable as possible.
·
Where are the gaps? / what more could we be doing?
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
GM SPP |
Date accepted: |
30/05/19 |
Six monthly |
25 July 2019 |
Description of risk and impact
· Project / Priority delivery risks start with the elements of the project life-cycle (conception and business casing through delivery and ongoing management / maintenance) and involve having robust capabilities to support each stage of this life-cycle. Deficiencies in any one of these stages have flow on effects including costs, quality and delays.
• The PMO’s Project Management framework, policy, methodology and guidelines is currently being rolled out. The framework will be fully developed with the assistance of PM Team and Championed by a member of the Team.
• Robust business casing and expertise has been sub optimal.
• A review of the Asset Management frameworks is also under review. This review will help to identify current short comings in the Asset Framework so that it can be further developed to produce better quality business cases and scopes.
• Project governance and project role training is needed for those involved in projects to effectively perform their duties.
• Council and business units have a tendency to initiate lots of new projects – often reactively - but resourcing and changing priorities affect the completion rates.
• Project resourcing challenges affect quality – another symptom of doing too many projects / juggling BAU responsibilities.
Existing Treatments
· High level treatment plan:
• A business case specialist role has been approved to support project business case owners
• SLT involved in a project prioritization process
• CouncilMark improvements:
18. Asset Management Improvement
20. Compliance Framework Improvement
34. Process Management Framework Improvement
29. Capital Project Life Report Improvement
12. Contract Management Improvement
10. Annual Report Improvement
3. LTP Improvement
·
Where are the gaps? / what more could we be doing?
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
GM IAMs |
Date accepted: |
30/05/19 |
Two monthly |
25 July 2019 |
Description of risk and impact
· FNDC has 9 abatement notices due to non-compliance with resource consent conditions for district infrastructure issued by Northland Regional Council.
· Many of these notices are over two years old, and six involve expensive wastewater assets. NRC lodged an Enforcement Order application with the Environment Court for ongoing non-compliance at the Paihia Wastewater Treatment Plant (ammonia levels), and FNDC are now under suspended orders requiring delivery of solid remedial action to avoid further litigation.
·
Existing Treatments
· High level treatment plan:
· Establishment of new role solely focused on compliance (Infrastructure Compliance Planner)
· Creation of an Infrastructure Compliance Strategy – two year strategy with goals and deliverables to actively increase the level of compliance. This strategy directly informs the work programme of the Infrastructure Compliance Planner.
· Relationship building with NRC – monthly activity level compliance meetings are held between FNDC / NRC as well as six monthly group level compliance meetings to provide an update on the Infrastructure Compliance Strategy.
· CouncilMark Improvements:
· 18. Asset Management Improvement
· 19. Three Waters Alliance Improvement
· 29. Capital Project Life Report Improvement
· 34. Process Management Framework Improvement
·
As detailed in the Infrastructure Compliance Strategy, a plan is now in place with timeframes to reduce the risk to FNDC associated with infrastructure non-compliance. Over the next 2 years significant focus will be placed on identifying what is needed for FNDC’s wastewater schemes to not only achieve compliance but to stay there in future. Affordability and the issue of how to fund an increase in the quality of wastewater treatment will be a challenge. Staff will work to obtain all information, options and costings associated with the required upgrades so effective decisions can be made.
Where are the gaps? / what more could we be doing?
Far North Waters Alliance is responsible for operational compliance with water and wastewater resource consents and FNDC must rely on Far North Waters to take ownership of this area. This includes having sound processes, systems and quality management in place, as well as having the technical capability to provide informed, cost effective and viable recommendations on improvements / upgrades needed to our water and wastewater assets to become and remain compliant.
Lastly, while NRC will not rule out future enforcement action, in a recent meeting early June they appeared satisfied with the actions being undertaken and the plan presented to them. They have indicated that they see their role as regulatory body to sometimes issue enforcement action in order to escalate the funding requirement for particular assets. Staff will endeavour to actively increase FNDC’s level of infrastructure compliance without further enforcement action; however in some instances where funding and affordability are an issue, enforcement action may be unavoidable.
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
|
|
Responsible: |
GM IAMs |
Date accepted: |
30/05/19 |
Six monthly |
25 July 2019 |
Description of risk and impact
· Data governance is the overarching framework that outlines the creation, maintenance, disposal and protection of data.
· Data is used to inform decisions, creation of strategy, policy ….
· Data is used for the extraction of information, the creation of reports and dashboards
· Data governance ensures compliance with internal policies and external legislation
· The current state of Data Governance at FNDC is in its infancy. It is critical that Data Governance has a solid base of governance policies and Data Management as the foundation to build on. For the data governance policies to be successful an organisational mandate is required to ensure these are followed and embedded. Data must be seen as an asset to have the best data possible that is used and analysed appropriately. This calls for an organisational cultural adoption of Data as an asset. This starts with education and ‘marketing’ of the concept of data as an assets and analysis as a driver for the delivery of value. A number of sessions have to be held across all levels of the organisation to create an awareness of what Data Governance and Management are.
· Currently Data Governance only exists at FNDC because I.S. is forced by technical constraints (E.G. Database technical requirements) to enable or enforce (at a technical level) some standards.
· Data Security, with the exception of the standard security measures supplied by the IS infrastructure, is lacking. An example of this is actual customer records being used for testing.
Existing Treatments
· High level treatment plans:
· Creation of ARF Data Governance Sub-committee
· Creation of data governance internal policies and procedures
o Policies for – Data (Security, Privacy, Ethics, Retention, Sourcing)
o Monitoring performance
· Full reporting on raw data (meta-data)
· Legislative & Audit compliance including Internal data audit
Where are the gaps? / what more could we be doing?
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
Mgr. Programme Delivery and BI |
Date accepted: |
30/05/19 |
Six monthly |
25 July 2019 |
Description of risk and impact
· Organisational Cohesion is the ability of the parts of the organisation to work together in a collaborative and productive manner to deliver on its strategies, plans and objectives.
· Local Government organisations work on complex, costly and often politically and socially sensitively multi-faceted issues requiring multiple parts of the organisation to work together effectively.
· Breakdowns in cohesion can lead to costly delays and additional impacts such as communication overheads, lower morale, trust and churn.
Existing Treatments
· High level treatment plan:
· Governance Diagnostic 14 point recommendation suite implementation, particularly:
o 2. FNDC Governance work with the CE to support FNDC Governance to have strategic input to current Annual Plan process.
o 3. FNDC adopt a clear visual representation and organisational understanding of Vision, Strategies, Committee Priorities, Goal setting and regular Performance Monitoring
o 4(i) Agree on an operational response mechanism such as a dashboard and the technology to share data
o 5. Vision to prioritising portfolios or equivalent to drive governance management engagement.
o 6. Committee Structures revisited as discussed to reflect the outcomes desired.
o 7. Look at shaping agendas to full Council
o 10. Re-consider and affirm Council’s approach to regulatory functions
o 13. Consider organisational and governance work with iwi and hapu
o 14. Prepare an induction process for the 2019 elections
· CouncilMark improvements:
2. Governance Management Relationship Development Improvement
3. LTP Improvement
4. Publish Vision and Goals Improvement
7. Driving Excellence in Reporting Improvement
10. Annual Report Improvement
15. Te Hono Improvement
30. Communications Strategy Improvement
31. Engagement Strategy Improvement
34. Process Management Framework Improvement
Where are the gaps? / what more could we be doing?
· Governance Diagnostic and association recommendations suite is scheduled to be formally adopted by the Council at its August meeting. This will be the trigger to formally activate this treatment plan. The Governance Diagnostic recommendations suite is a robust set of treatments; there are no gaps currently identified.
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
39 |
– |
14 |
Responsible: |
CEO |
Date accepted: |
30/05/19 |
Six monthly |
25 July 2019 |
Description of risk and impact
· Customer Service Delivery is the efficient and cost effective delivery of required District Council services to residents, ratepayers and the community. This includes timely processing and communication with the public around services.
· Inefficiencies with other council service processing and information flows – including the RFS process – which causes delays in processing requests and affects timely communication with customers.
· Frustrated customers often call elected members who need to escalate or facilitate information back to the individual.
· Customer satisfaction is linked to CEO KPI 6.2
·
Existing Treatments
· High level treatment plan:
· Customer Experience Lead appointed to P&C team June 2019
· Customer Experience programme
· CouncilMark improvements:
21. Customer Experience Programme Improvement
24. Online Services Improvement;
27. BCA Accreditation Improvement;
28. Resource Consents Renovation Improvement;
34. Process Management Framework Improvement;
30. Communications Strategy Improvement;
31. Engagement Strategy Improvement.
· CouncilMark improvement Customer Service Delivery Synergies:
5. Targeted Onboarding Programme Improvement;
8. Organisational Culture Improvement;
23. Strategic Workforce Planning Improvement.
Where are the gaps? / what more could we be doing?
· RFS Redesign Project
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
29/11/18 |
Report frequency: |
|
– |
|
Responsible: |
Mgr P&C |
Date accepted: |
30/05/19 |
Two monthly |
25 July 2019 |
Description of risk and impact
· Under the requirements of the Building (Accreditation of Building Consent Authorities) Regulations 2006 the BCA must have a system for ensuring that it has enough employees and contractors to perform its building control functions, this includes having both the capability and capacity to ensure that its performance levels such as meeting 20 day statutory timeframes are met and all activities required under the Regulations are carried out in a timely manner. Failure to do so by the time of the next assessment will likely affect the IANZ accreditation status of the BCA.
· A summary of the areas of non-compliance is provided within the IANZ Building Consent Authority accreditation assessment Report 28-30 May 2019. The three greatest areas of concern were:
· The BCA did not have an effective reporting system. It was unable to actively monitor and provide feedback on the performance of its critical functions.
· The BCA was not meeting the requirements of the Building Act. The BCA was not consistently issuing building consents within 20 working days. The BCA’s records for compliance with the statutory clock did not include building consents where a decision whether to issue a CCC at 24 months was required. Note that the BCA was reported to have a large number of these consents over 20 working days. The BCA was not actively monitoring the amount of time between booking an inspection and the availability of the next available inspection slot (in that area).
· The Technical and Management Manuals did not fully reflect the requirements of the MBIE guidance and checklists.
Existing Treatments
· On the ARF agenda is a separate treatment progress report.
· High level treatment plan:
· Comprehensive action plan by regulation with milestone dates to achieve compliance
· Additional support to achieve compliance being provided by organisation
· CouncilMark #27. BCA Accreditation Improvement
· Outsourced technical and quality systems support
· A proportion of building consent processing and inspections are outsourced to provide capacity and capability
· Appointment acting Quality Manager until permanent appointment made
· Actively recruiting building officers
Where are the gaps? / what more could we be doing?
Future proof to manage this risk following Sept/Oct audit
· Resource modelling
Inherent Risk: |
Trend |
Residual Risk: |
Accountable: |
CEO |
Date raised: |
Jan 19 |
Report frequency: |
|
– |
|
Responsible: |
GM DS |
Date accepted: |
30/05/19 |
Monthly SLT/ARF/Council |
25 July 2019 |
6.3 Internal Audit and Assurance
File Number: A2542003
Author: Lisa Huria, Audit and Assurance Specialist
Authoriser: William J Taylor MBE, General Manager - Corporate Services
Purpose of the Report
The purpose of this report is to provide the Audit, Risk, and Finance Committee an update on work completed within the FNDC Assurance Programme 2019.
Executive Summary
· The Audit, Risk, and Finance Committee approved the FNDC Assurance Programme 2019 at its March 2019 meeting.
· This report provides an update to the Audit, Risk, and Finance Committee on work completed within the FNDC Assurance Programme 2019.
· The Assurance Programme included the development and implementation of a Legislative Compliance Framework.
That the Audit, Risk, and Finance Committee receive the report “Internal Audit and Assurance”. |
1) Background
At the Audit, Risk, and Finance Committee March 2019 meeting the Committee approved the FNDC Assurance Programme 2019. This programme consisted of a number of areas requiring assurance such as Legislative Compliance, Conflict of Interest Management and a review of our Three Waters Interim Alliance Agreement with Broadspectrum Ltd. The Three Waters Interim Alliance Review Agreement report was provided to the committee at its May 2019 meeting.
Our newly appointed Audit and Assurance Specialist is now in the process of developing a Legislative Compliance Framework.
2) Discussion and Options
The following report is for information only and provides an update to the Audit, Risk, and Finance Committee on the development of a Legislative Compliance Framework. It also explains what a Legislative Compliance Framework is and the importance of this operating effectively within Council.
Legislative Compliance Framework
The June 2018 report from Audit New Zealand made the following recommendation with a priority rating of ‘necessary’:
Legislative Compliance System:
We
recommend that a mechanism for monitoring compliance with legislative
requirements is put in place as part of the Council’s overall risk
management strategies.
Audit New Zealand did not specifically provide any guidance on how they would like FNDC to undertake this recommendation, but the current practice of factoring legislative compliance into risk assessments and audits is not enough to satisfy their requirements.
What is a Legislative Compliance Framework?
A Legislative Compliance Framework is an essential part of managing risk in any organisation. It enables Council to carry out its statutory functions and duties by establishing and maintaining a system for monitoring and reporting on compliance with key legislation.
The community, Elected Members and staff have an expectation that Council will comply with applicable legislation and will take all appropriate measures to ensure that expectation is met. The ability to comply with legal requirements supports our organisation in achieving its vision, strategies and goals.
Why do we need a Legislative Compliance Framework?
Council has an obligation to ensure that we are fully compliant with our legislative requirements. Currently each individual business group is aware of their own legislative requirements and it is their responsibility to meet these. Management have no single view across the whole organisation as to what legislation we need to adhere to, and which roles are responsible for compliance.
A Legislative Compliance Framework will prevent, and where necessary, identify and respond to breaches of laws, regulations, codes or standards occurring in the organisation. It will promote a culture of compliance within the organisation and assist Council in achieving the highest standards of governance.
Its purpose is also to protect staff from inadvertent or accidental breaches of the law. Council and its staff could face severe penalties for failing to comply with legislation with consequences that may include:
· Negative publicity and damage to reputation
· Loss of trust and reduced public regard
· Loss of accreditation
· Loss of revenue
· Financial penalties
· Legal action arising from non-compliance
· Personal liabilities of staff.
How will we develop a Legislative Compliance Framework?
The Legislative Compliance Framework will be implemented in a phased approach with the first step being the planning and design phase.
The next step will be to develop and implement the framework. This will include identifying the relevant legislation that applies to Council’s activities using a ‘Legislative Compliance Register’. The register will include details of the key acts and other legal obligations or requirements, and will specify the assigned roles and responsibilities to ensure legislative and regulatory obligations are met.
We will then provide training and guidance for the relevant staff on their role, responsibilities and legislative requirements.
Once the Legislative Compliance Framework is implemented, we will need to provide the resources to remain current with new or amended legislation, conduct audits to ensure there is continued compliance and establish a mechanism for reporting non-compliance. We will also review accidents, incidents, complaints and other situations where there may have been non-compliance to assess how the systems of compliance can be improved.
Reason for the recommendation
This report is for Information only
3) Financial Implications and Budgetary Provision
This report is for information only.
Nil
25 July 2019 |
6.4 Update on Risk Treatment Plan - Maintaining Building Consent Authority IANZ Accreditation in October 2019.
File Number: A2551082
Author: Trent Blakeman, Manager - Building Services
Authoriser: Dean Myburgh, General Manager - District Services
Purpose of the Report
To update the Audit, Risk and Finance Committee on steps being taken to address the risk associated with the Building Consent Authority (BCA) Accreditation identified as part of the Top 12 Council risks.
Executive Summary
This report is part of a series of proposed regular updates to the Audit, Risk and Finance Committee on progress against achieving compliance with the Building (Accreditation of Building Consent Authorities) Regulations 2006.
Following an out-of-audit-cycle visit by IANZ at the end of May 2019, a report was received detailing a number of non-compliance areas that require further attention prior to the scheduled IANZ audit (30 September to 4 October 2019). These non-compliance areas were included in the preliminary Work Schedule to establish a consolidated Work Schedule (refer to Attachment 1).
The consolidated Work Schedule forms the basis upon which the risk associated with not maintaining Far North District Council’s (FNDC’s) BCA Accreditation is being addressed. It is Regulations-driven, incorporating and addressing all of the non-compliances with the Regulations. The Work Schedule also addresses the minimum policies, procedures and systems a BCA must have and consistently and effectively implement to gain accreditation.
Mitigation of the risk involves addressing each of the Regulations and sub-categories in the Schedule. Detail regarding the extent of compliance with and adherence to the 20 working day timeframe is covered in the body of the report.
That the Audit, Risk, and Finance Committee receive the report “Update on Risk Treatment Plan - Maintaining Building Consent Authority IANZ Accreditation in October 2019.
|
Background
For some time Building Consent Authorities (BCAs) within Councils throughout New Zealand have experienced the pressures of high volumes of consent applications that have arisen due to the building boom. The Ministry of Building Innovation and Employment (MBIE) and BRANZ reports indicate that the high volumes of building consents may continue until 2023, depending upon economic cycles. The BCA has addressed a number of process improvements during the July 2018 to April 2019 period that have brought their own pressures to bear on the Department.
An update on progress in preparation for the October IANZ
audit is included below and in Attachments 1 and 2. These attachments are
up to date at the time of writing this report, but a copy of the updated Work
Schedule will be provided at the Committee Meeting.
Discussion and Next Steps
1. FNDC’s preparation for the IANZ audit in September / October 2019
Further work has been completed with the assistance of two experienced independent assessors (and members of the IANZ BCA Professional Advisory Committee) to advise on the level of compliance and any areas of non-compliance.
Rose McLaughlan (NZ Building Inspections and Training Ltd) will undertake a last independent audit in mid-August, six weeks prior to the IANZ audit to ensure that any final preparations are completed in good time.
During July, additional inspectors are being sourced from elsewhere in New Zealand to assist with a backlog of inspections that is being experienced.
Council officers are reviewing progress on a weekly basis and providing fortnightly updates on progress to the Chief Executive. These updates, together with further reporting to Elected Members on progress (as part of the CEO Report to Council, reports to the Audit, Risk, and Finance Committee and any other (more frequent) progress updates that may be required) will ensure that the Far North District Council BCA can have confidence in the preparation and measures being taken to mitigate the risk.
2. Progress against the Consolidated Work Schedule
Pre-IANZ visit Post IANZ visit Post IANZ visit
17 June 2019 21 June 2019 4 July 2019
(Archived)
*
Note: The remaining 45 incomplete tasks from the Pre-IANZ work
schedule have been inserted into the Post - IANZ work schedule which accounts
for 42% of the overall scheduled items
3. 20-day compliance: applications issued within 20 days
As at 28 June 2019 Compliance FY 2018/19
4. Current unissued building consents (20-day compliance)
As at 28 June 2019 As at 4 July 2019
Clearing backlogs of consents (red traffic light) is being addressed and will significantly impact compliance percentages in the coming weeks.
Financial Implications and Budgetary Provision
All initiatives undertaken to address identified non-compliances will be undertaken within existing budgets or within CEO delegations.
In the event that any financial decisions are required by Elected Members, reports will be prepared for the appropriate Committees or Council.
1. Accreditation Work Schedule 2019_090719 - A2558137 ⇩
25 July 2019 |
RESOLUTION TO EXCLUDE THE PUBLIC
That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
|