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
self-employed as book keeper
Kelly@ksbookkeeoing.net

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

 

Far North District Council

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 13

2          Deputation. 13

3          Confirmation of Previous Minutes. 14

3.1            Confirmation of Previous Minutes. 14

4          Strategic Planning and Policy Group. 22

4.1            Risk Management Policy. 22

5        Corporate Service Group ………………………………………………………………………..

5.1         Audit, Risk and Finance Sub Committee Terms of Reference

Supplementary Agenda

6          Information Reports. 28

6.1            Revenue Recovery Report - June 2019. 28

6.2            Risk Management Report 33

6.3            Internal Audit and Assurance. 53

6.4            Update on Risk Treatment Plan - Maintaining Building Consent Authority  IANZ Accreditation in October 2019. 56

6.5         Level of Service KPI Quarter 4 Performance Report            Supplementary Agenda

7          Public Excluded. 64

7.1            Confirmation of Previous Minutes (Public Excluded) 64

7.2            FNDC Current Legal Action Potential Liability Claims. 64

7.3         FNHL - Re-appointment of Directors ……………………………………………..……64

8          Meeting Close. 66

 

 


1            Apologies and Declarations of Interest

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.

2            Deputation

No requests for deputations were received at the time of the Agenda going to print.


Audit, Risk, and Finance Committee Meeting Agenda

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

Recommendation

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.

 

 

Attachments

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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - Confirmation of Previous Minutes (Public Excluded)

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

6.2 - Abandoned Land Legal Proceedings

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

6.3 - FNDC Current Legal Action and Potential Liability Claims

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

6.4 - Internal Audit and Assurance Report

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

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

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

4            Strategic Planning and Policy Group

4.1         Risk Management Policy

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.

 

Recommendation

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.

Attachments

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

 

www.fndc.govt.nz
Memorial Ave, Kaikohe 0440
Private Bag 752, Kaikohe 0440

askus@fndc.govt.nz
Phone 0800 920 029
¬¬¬¬¬
,Risk Management Policy,Adopted:
Reviewed: 
 

 

 

 

 

 


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.

2.   Policy Statement

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:

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

6            Information Reports

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.

Recommendation

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.

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.

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.

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.

First and second letters have been sent as part of the Urgent Demand process.

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:

$193k with external law firm, letters sent and legal proceedings imminent.

$905k with external law firm to proceed once first group completed

$690k at Stage 2 of Final Demand process

·    Continuous audit of existing Arrangements to Pay to ensure the agreements are being met.

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

Small Bad Debt and Credit Write-off journals prepared and approved

Monthly meetings with Environmental Services commenced.

Environmental Services audit of all aged debt in progress.

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.

 

Attachments

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. 

 

 

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

6.2         Risk Management Report

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. 

Recommendation

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.

 

Attachments

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  

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

 

 

July 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Audit, Risk, and Finance Committee Meeting Agenda

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

 

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 

 


Audit, Risk, and Finance Committee Meeting Agenda

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

Policies for – Data (Security, Privacy, Ethics, Retention, Sourcing)

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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:

2. FNDC Governance work with the CE to support FNDC Governance to have strategic input to current Annual Plan process.

3. FNDC adopt a clear visual representation and organisational understanding of Vision, Strategies, Committee Priorities, Goal setting and regular Performance Monitoring

4(i) Agree on an operational response mechanism such as a dashboard and the technology to share data

5. Vision to prioritising portfolios or equivalent to drive governance management engagement.

6. Committee Structures revisited as discussed to reflect the outcomes desired.

7. Look at shaping agendas to full Council

10. Re-consider and affirm Council’s approach to regulatory functions

13. Consider organisational and governance work with iwi and hapu

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 


Audit, Risk, and Finance Committee Meeting Agenda

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

 

 


Audit, Risk, and Finance Committee Meeting Agenda

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.

 

Recommendation

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.

Attachments

Nil

 


Audit, Risk, and Finance Committee Meeting Agenda

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.

Recommendation

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.

Attachments

1.       Accreditation Work Schedule 2019_090719 - A2558137  

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

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Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

7            Public Excluded  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

7.1 - Confirmation of Previous Minutes (Public Excluded)

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

7.2 - FNDC Current Legal Action Potential Liability Claims

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7                 

7.2 - FNDC Current Legal Action Potential Liability Claims

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

 

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

 

 

 


Audit, Risk, and Finance Committee Meeting Agenda

25 July 2019

 

8            Meeting Close