Agenda of Assurance, Risk and Finance Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Assurance, Risk and Finance Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Assurance, Risk and Finance Committee (the Committee) is to assist and advise the Governing Body in discharging its responsibility and ownership of finance, risk and internal control.

The Committee will review the effectiveness of the following aspects:

· The robustness of financial management practices;

· The integrity and appropriateness of internal and external reports and accountability arrangements;

· The robustness of the risk management framework;

· The robustness of internal controls and the internal audit framework;

· Compliance with applicable laws, regulations, standards and best practice guidelines;

· The establishment and maintenance of controls to safeguard the Council’s financial and non-financial assets;

· Data governance framework

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, and of the Council’s business, operations and risks.

Membership

The Council will determine the membership of the Assurance, Risk and Finance Committee including at least one independent appointment with suitable financial and risk management knowledge and experience.

The Assurance, Risk and Finance Committee will comprise of at least five elected members (one of which will be the chairperson), and one independent appointed member.

Mayor Carter

John Vujcich – Chairperson

Bruce Robertson – Deputy Chairperson and Independent Member of the Committee

Moko Tepania

Mate Radich

Rachel Smith

Kelly Stratford

Ann Court

Mike Edmonds

Adele Gardner

Non-appointed councillors may attend meetings with speaking rights, but not voting rights.

Quorum

The quorum at a meeting of the Assurance, Risk and Finance Committee is 4 members.

Frequency of Meetings

The Assurance, Risk and Finance Committee shall meet every 6 weeks, but may be cancelled if there is no business.

Power to Delegate

The Assurance, Risk and Finance Committee may not delegate any of its responsibilities, duties or powers.

Committees Responsibilities

The Committees responsibilities are described below:

Financial systems and performance of the Council

· Review the Council’s financial and non-financial performance against the Long Term Plan and Annual Plan

· Review Council quarterly financial statements and draft Annual Report

Far North Holdings Limited (FNHL)

· Recommend to Council the approval of statement of intent and Annual Report (s67 LGA)

· Receive 6 monthly report on operations (s66 LGA)

· Receive quarterly financial statements

· Recommend appointment of directors of FNHL

Risk Management

· Review appropriateness of Council’s risk management framework and associated procedures for effective risk identification, evaluation and treatment

· Receive and review risk management dashboard reports

· Provide input, annually, into the setting of the risk management programme of work

· Receive updates on current litigation and legal liabilities

Internal Audit and Controls

· Review whether management has in place a current and comprehensive internal audit framework

· Receive and review the internal audit dashboard reports

· Provide input, annually, into the setting of the internal audit programme of work

· Review whether there are appropriate processes and systems in place to identify and investigate fraudulent behaviour

The Committee will manage Council’s relationship with external auditor.

The Committee will approve applications to declare land abandoned and any other such matters under the Rating Act.

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

ASSURANCE, 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
Hon John Carter QSO	Carter Family Trust
John Vujcich (Chair)	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
Bruce Robertson (Deputy)	Chair/Deputy Chair of a number of Audit and Risk Committees: Far North Auckland Bay of Plenty Regional Tauranga Thames Coromandel Hamilton Waipa Otorohanga Waitomo Environment Southland Invercargill Southland.		There is a low level of there being a potential interest conflict. An outside potential is water reform and ‘discussion’ of one north regional water company in loving North AKD with Watercare.	I remain aware of my roiled and will Raise any matter with the Mayor/CEO And chair of ARF should any matter potentially conflict.
Bruce Robertson (Deputy)	Currently None are North AKD. Previously I have Undertaken work on Okara Park with Whangarei DC.	Advisory Work.	Okara Park is a regional Stadium. Matter solely related Governance and role of DC. Low risk of conflict.
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	District Licensing	N/A	N/A	N/A
	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	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	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.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	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
	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.
Mate Radich	No form received
Kelly Stratford	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmental management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Māori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			Will not discuss work/governance mattes that are confidential
	Gifts - food and beverages	Residents and ratepayers may ‘shout’ food and beverage	Perceived bias or predetermination	Case by case basis
	Taumarere Counselling Services	Advisory Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
	He Puna Aroha Putea Whakapapa	Trustee	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Kawakawa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Whangaroa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	National Emergency Management Advisor Committee	Member		Case by case basis
	Te Rūnanga ā Iwi o Ngāpuhi	Tribal affiliate member	As a descendent of Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā Iwi o Ngāpuhi Council relations	Declare a perceived conflict should there appear to be one
	Te Rūnanga ā Iwi o Ngāti Hine	Tribal affiliate member	Could have a perceived conflict of interest	Declare a perceived conflict should I determine there is a conflict
	Kawakawa Business and Community Association	Member		Will declare a perceived conflict should there appear to be one
	Sport Northland	Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest, I would step aside from decision making
Rachel Smith	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director/Shareholder
Moko Tepania	Teacher	Te Kura Kaupapa Māori o Kaikohe.	Potential Council funding that will benefit my place of employment.	Declare a perceived conflict
	Chairperson	Te Reo o Te Tai Tokerau Trust.	Potential Council funding for events that this trust runs.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Te Rarawa	As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Whaingaroa	As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.	Declare a perceived conflict
	Tribal Member	Kahukuraariki Trust Board	As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga ā-Iwi o Ngāpuhi	As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.	Declare a perceived conflict
Mike Edmonds	Chair	Kaikohe Mechanical and Historic Trust	Council Funding	Decide at the time
Mike Edmonds	Committee member	Kaikohe Rugby Football and Sports Club	Council Funding	Withdraw and abstain

Assurance, Risk and Finance Committee Meeting Agenda

16 June 2021

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A3217348

Author: Casey Gannon, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Te Take Pūrongo / Purpose of the Report

The minutes are attached to allow the Committee to confirm that the minutes are a true and correct record of previous meetings.

ngĀ tŪtohunga / Recommendation

That the Assurance, Risk and Finance Committee confirms the minutes of the Assurance, Risk and Finance Committee meeting held 5 May 2021 as a true and correct record.

1) te TĀhuhu kŌrero / Background

Local Government Act 2002 Schedule 7 Section 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) Te matapaki me NgĀ KŌwhiringa / Discussion and Options

The minutes of the meetings 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.

Te Take Tūtohunga / Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) NgĀ PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

ngĀ Āpitihanga / Attachments

1. 2021-05-05 Assurance, Risk and Finance Committee Minutes [A3174779] - A3174779 ⇩

Te Hōtaka Take Ōkawa / 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.

He Take Ōkawa / Compliance requirement	Te Aromatawai Kaimahi / 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 (for example – youth, the aged and those with disabilities).	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.

Assurance, Risk and Finance Committee Meeting Agenda

16 June 2021

MINUTES OF Far North District Council
Assurance, Risk and Finance Committee Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Wednesday, 5 May 2021 AT 1.00 pm

PRESENT: Cr John Vujcich, Member Bruce Robertson, Deputy Mayor Ann Court, Cr Mate Radich (virtually), Cr Kelly Stratford, Cr Moko Tepania, Member Mike Edmonds

IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Strategic Planning and Policy - Acting), Andy Finch (General Manager Infrastructure and Asset Management), Dean Myburgh (General Manager District Services), Jacine Warmington (General Manager - Corporate Services (Acting), Adele Gardner

1 Karakia TimatAnga – Opening Prayer

Chair Vujcich opened with a karakia.

2 NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and Declarations of Interest

Apology

Resolution 2021/1

Moved: Cr Kelly Stratford

Seconded: Cr Moko Tepania

That the apology received from His Worship the Mayor, and Cr Rachel Smith be accepted and leave of absence granted.

Carried

3 NGā tONO kŌRERO / Deputation

Nil.

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A3161100, pages 12 - 17 refers.

Resolution 2021/2

Moved: Member Mike Edmonds

Seconded: Cr John Vujcich

That the Assurance, Risk and Finance Committee confirms the minutes of the Assurance, Risk and Finance Committee meeting held 24 March 2021 as a true and correct record with the following amendment:

a) remove Kaikohe-Hokianga Community Board Chair title for Mike Edmonds

Carried

4.2 MOTION – SPREAKING RIGHTS FOR Te hiku community board chair adele gardner

RESOLUTION 2021/26

Moved: Cr John Vujcich

Seconded: Member Bruce Robertson

That the Assurance, Risk and Finance Committee welcome Adele Gardner and that she be permitted to speak during member debate.

Carried

5 Information Reports

5.1 May 2021 Risk Management

Agenda item 5.1 document number A3150970, pages 18 – 31 refers.

Resolution 2021/3

Moved: Member Bruce Robertson

Seconded: Cr Kelly Stratford

That the Assurance, Risk and Finance Committee receive the report May 2021 Risk Management .

Carried

5.2 Internal Audit and Assurance - Audit Recommendations Register Update

Agenda item 5.2 document number A3159230, pages 32 - 37 refers.

Resolution 2021/4

Moved: Member Bruce Robertson

Seconded: Cr John Vujcich

That the Assurance, Risk and Finance Committee receive the report Internal Audit and Assurance - Audit Recommendations Register Update.

Carried

5.3 Level of Service KPI Quarter 3 Performance Report

Agenda item 5.3 document number A3155141, pages 38 - 60 refers.

Resolution 2021/5

Moved: Cr Kelly Stratford

Seconded: Cr John Vujcich

That the Assurance, Risk and Finance Committee receive the Level of Service KPI Quarter 3 Performance Report.

Carried

5.4 Council Financial Report for the Period Ending 31 March 2021

Agenda item 5.4 document number A3156181, pages 61 - 86 refers.

Resolution 2021/6

Moved: Member Bruce Robertson

Seconded: Cr John Vujcich

That the Assurance, Risk and Finance Committee receive the report Council Financial Report for the Period Ending 31 March 2021.

Carried

5.5 Elected Member Sensitive Expenditure

Agenda item 5.5 document number A3157554, pages 87 - 88 refers.

Resolution 2021/7

Moved: Member Mike Edmonds

Seconded: Cr Moko Tepania

That the Assurance, Risk and Finance Committee receive the report Elected Member Sensitive Expenditure.

Carried

5.6 Council Decision Tracking Assessment for the 2020 Calendar Year

Agenda item 5.6 document number A3172438, pages 89 - 90 refers.

Resolution 2021/8

Moved: Cr Kelly Stratford

Seconded: Cr John Vujcich

That the Assurance, Risk and Finance Committee receive the report Council Decision Tracking Assessment for the 2020 Calendar Year.

CARRIED

6 tE wāHANGA tūMATATI / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

ReSOLUTION 2021/9

Moved: Member Bruce Robertson

Seconded: Cr John Vujcich

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	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 - Opua Cycle Trail Risk Mitigation Update	s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority	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 - Cybersecurity Framework Update	s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	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

CONFIRMATION OF INFORMATION AND DECISIONS IN OPEN MEETING

Resolution 2021/10

Moved: Cr John Vujcich

Seconded: Member Mike Edmonds

That Assurance, Risk and Finance Committee confirm that the information and decisions contained in the part of the meeting held with the public excluded is not to be restated in public meeting.

Carried

Resolution 2021/11

Moved: Cr John Vujcich

Seconded: Member Bruce Robertson

That Council moves out of Closed Council into Open Council.

Carried

7 Karakia Whakamutunga – Closing Prayer

Cr. Moko Tepania closed with a karakia.

8 tE kAPINGA hUI / Meeting Close

The meeting closed at 3:14PM.

The minutes of this meeting will be confirmed at the Assurance, Risk and Finance Committee Meeting held on 16 June 2021.

...................................................

CHAIRPERSON

Assurance, Risk and Finance Committee Meeting Agenda

16 June 2021

5 Reports

5.1 Far North Holdings Statement of Intent 2021 to 2024

File Number: A3217104

Author: Janice Smith, Chief Financial Officer

Authoriser: William J Taylor MBE, General Manager - Corporate Services

Take Pūrongo / Purpose of the Report

The purpose of this report is to receive the Far North Holdings Limited - Statement of Intent for the period 2021 to 2024

WhakarĀpopoto matua / Executive Summary

· The Schedule 8 (3) of the Local Government Act 2002 requires Far North Holdings Limited to deliver a final Statement of Intent to the Shareholder before the commencement of the financial year to which it relates.

tŪtohunga / Recommendation

That the Assurance, Risk and Finance Committee receive the report Far North Holdings Statement of Intent 2021 to 2024

1) TĀhuhu kŌrero / Background

Far North Holdings Limited delivered a draft Statement of Intent to the Shareholder and this was reviewed at a workshop on the 3^rd March. It was intended to have a further workshop before accepting the Statement of Intent but due to the work pressure arising from the Long Term Plan process this has not been possible.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

It is intended to have a further workshop in July to discuss the Statement of Intent and any additions that Council may require for the coming year. This will include discussions around Asset Management Plans. Climate Change planning and the purpose of Far North Holdings now that the 4 well beings have been re-introduced for Council

Take Tūtohunga / Reason for the recommendation

To accept the Statement of Intent as required by the Local Government Act 2002

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no specific financial implications arising from this report

Āpitihanga / Attachments

1. FNHL Statement of Intent 2021 to 2024 - A3216368 ⇩

Hōtaka Take Ōkawa / 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

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / 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	Not significant
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Schedule 8 (3) of the Local Government Act 2002
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.	Not applicable
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. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Not applicable
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 (for example – youth, the aged and those with disabilities).	Not applicable
State the financial implications and where budgetary provisions have been made to support this decision.	No financial budgetary issues
Chief Financial Officer review.	The Chief Financial Officer prepared this report

Assurance, Risk and Finance Committee Meeting Agenda

16 June 2021

6.2 Revenue Recovery Report - 31 March 2021

File Number: A3201566

Author: Margriet Veenstra, Manager - Transaction Services

Authoriser: William J Taylor MBE, General Manager - Corporate Services

TAKE PŪRONGO / Purpose of the Report

The purpose of this report is to provide quarterly reporting to the Far North District Council Assurance, Risk, and Finance Committee.

WHAKARĀPOPOTO MATUA / Executive SummarY

This is the fourth report for the financial year 2020/21 and provides information on action taken to collect the current and arrears balances for rates, water and sundry debt so far this year, and to provide information on how collection is tracking against targets.

TŪTOHUNGA / Recommendation

That the Assurance, Risk and Finance Committee receive the report Revenue Recovery Report - 31 March 2021.

tĀHUHU KŌRERO / Background

This document has been prepared to outline current and arrears balances for rates, water and Sundry debt as at 31 March 2021 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.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The data provided is for General Title and Maori Freehold Land rates and water accounts with sundry debtors shown in a separate table.

General Title rates and water debt

Key actions since the last report:

· Since the last report, final demand was issued for the properties which had been issued mortgage demand this year. A total of $930,293 has been paid with another $125,877.71 to be paid this month. Debt management have not proceeded with mortgage demand for those properties with arrears for last year only, as Covid-19 has likely impacted the owners financially. We are therefore applying some leniency and are calling owners to offer payment plans to avoid Council issuing mortgage demand in July 2021.

· Further instructions given to external law firm to proceed with additional cases already filed with them and identify property groups to commence abandoned land procedures.

· Approval received for the policy outlining next actions for Council to take post judgment for rates arrears.

Next actions:

· Debt management are calling the owners of the remaining properties with a mortgage, with arrears from 2019-2020 rating year only, to set up payments plans to avoid mortgage demand in July 2021.

· Reports to be provided to Council legal team to send letters to an additional 20 property owners identified for potential legal proceedings.

For the total number of General Title rates and water accounts marked as ‘Debt recovery action to commence’:

· These are properties where there is no mortgage, no payments have been received and the owner has not contacted council to discuss payment options.

· 38% of these accounts have arrears of more than 2 rating years.

o 70% of these accounts have received final demand letters from council

o FNDC legal team now actively involved with legal proceedings.

o Debt management will send final demand letters to the remaining 30%.

· 63% is for accounts with up to two years rates arrears.

o Debt management to commence calling.

o If no contact is made, demand letters will be sent.

Sundry debtors’ debt

The total sundry debtors aged debt balance has increased since the last report, but that was due to an outstanding invoice for over $1m which was since paid on 9 April. The 90+ days resource consent debt has increased since the last report but $89,000 in debt was paid, due to the collaboration between debt management and the resource consents team clearing outstanding fee reviews and queries.

While working closely with the resource consents team to clear the aged debt, debt management have also increased their focus on current resource consent collection which has resulted in an increase of payments within payment terms and reduction of the 30 to 60 days aged debt compared to previous quarters.

Key actions taken to reduce resource consent debt:

· The fee review tracker is in place and updated by both teams.

o 39 reviews have been recorded for a total of $178,370.58

o 28 have been actioned by resource consent team of which;

o 20 accounts ($62,570.22) have now been paid

o 8 have been reviewed ($51,549.89) and debt collection has commenced.

o 11 are being reviewed ($64,250.47)

· Final demand letters issued to debtors with outstanding debt. If no payment is received after the 2^nd final demand letter, the debtor will be passed to Council Legal Services team to take legal action.

Next actions:

· Resource consent team to write process for interim invoicing at key stages of a resource consent application to avoid a large final invoice when consent is issued.

· Resource consent team to update the resource consent application confirmation letter to customers, adding an explanation of the payment and invoicing process, plus requirements and responsibilities of the applicant.

· Resource consent team to update the resource consent invoices to give a better overview of charges and fee review objection timeline to reduce queries.

· Council Legal Services Team to review of previous legal opinion that Council is not able to request payment prior to issuing a resource consent by council legal services team.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / 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.

Āpitihanga / Attachments

1. ARF Revenue recovery Report March 31 attachment - A3201657 ⇩

Table 1: June 2021 Top organisational risk dashboard					Key to trend of risk rating:			Decline
								No change/stable
								Increase
Risk ID:	Risk title	Inherent risk score	Trend of risk rating	Residual risk score	Accountable Risk Governance	Responsible Risk Governance	Risk Progress Report schedule		Risk Progress Report ARF agenda:
ARF001	Climate Change	63		30	CEO	GMSPP	6 Monthly		Mar 21
ARF003	Health & Safety Vulnerabilities	46		34	CEO	Manager P&C	3 Monthly		May 21
ARF004	Asset Management Risks	45		18	CEO	GMIAM	6 Monthly		Mar 21
ARF005	Affordability Risk	45		26	CEO	GMSPP	6 Monthly		June 21
ARF006	Project Priorities Deliveries Delays	45		14	CEO	GMIAM	3 Monthly		May 21
ARF007	Compliance NRC Abatements	45		18	CEO	GMIAM	6 Monthly		June 21
ARF009	Customer Service Delivery	39		22	CEO	Manager P&C	3 Monthly		June 21
ARF010	Data Governance Risks	39		14	CEO	CEO	6 Monthly		June 21
ARF012	Contract Management Risks	39		14	CEO	GMIAM	3 Monthly		May 21
ARF013	Drinking Water Resilience	35		ARF to agree level residual risk	CEO	GMIAM	3 Monthly		June 21

Table 2: 2021 risk programme

2021 ARF meeting date:	10/02	24/03	05/05	16/06	21/07	08/09	20/10	01/12
Risk deep dives		ARF001	ARF003	ARF013	ARF012	ARF004	ARF006	ARF005

ARF001 Climate Change		ü				ü
ARF003 Health & Safety Vulnerabilities	ü		ü		ü	ü		ü
ARF004 Asset Management Risks		ü				ü
ARF005 Affordability				ü				ü
ARF006 Project - Priorities Deliveries Delays	ü		ü		ü		ü
ARF007 Compliance NRC Abatements				ü				ü
ARF009 Customer Service Delivery		ü		ü		ü		ü
ARF010 Data Governance Risks				ü				ü
ARF012 Contract Management Risks	ü		ü		ü		ü
ARF013 Drinking Water Resilience		ü		ü		ü		ü

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Organisational risk management:

The 21 May deep dive focussed on our health and safety vulnerabilities risk. Elected Members were provided with two Worksafe documents – Worksafe’s position on Officers’ due diligence and Worksafe’s Health and Safety Guide: Good Governance for Directors which details recommended practice and provides diagnostic questions. At the session Elected Members requested:

· Improved visibility of health and safety vulnerability treatments which are in place

· Health and safety lessons learned from the Extraordinary Council meeting on May 2021

· Increased frequency of health and safety vulnerabilities deep dives to “look into” our health and safety practices.

Further deep dives are scheduled for the remainder of this calendar year, see Table 2.

Although cybercrime is not specifically mentioned in this risk report, the General Manager-Corporate Services intends to have a standing item on the Assurance, Risk and Finance agenda going forward. This will cover emerging trends in best practice, attempted attacks on FNDC, and experiences and lessons learned from other organisations in New Zealand and overseas.

Emergent risk:

No new emergent risks have been identified for inclusion in this report.

Table 3: Table of identified emergent risk

Emergent risks	Presented to Assurance, Risk and Finance Committee	Progress
1. The risk of externally funded shovel ready, economic stimulus employment opportunity projects due to the impact of the COVID-19 pandemic.	October 2020	Subject of a risk progress report to the Assurance, Risk and Finance Committee meeting, March 2021.
2. The financial and legal risks due to the effects of climate change. Timing of a report on this risk, to the Assurance, Risk and Finance Committee meeting, is to be determined.	October 2020	March 2021 Climate Change deep dive was held. Proposed to break the climate change into two risks to enable focus on transition risks such as financial and legal.
3. District Services have proposed to escalate one of their top group risks for consideration of inclusion on the top organisational dashboard.	October 2020	It is proposed that this be included in the Assurance, Risk and Finance Committee risk workshop agenda.
4. The risk of not fit for purpose business continuity arrangements.	October 2020	This was subject to a report at the December 20 Assurance, Risk and Finance Committee meeting. An up-date is provided under the group risk section.
5. Government’s Three Waters Reform programme: a. establishment of Taumata Arowai b. regulatory reforms as outlined in the Water Services Bill, and c. reform of water delivery services including wastewater and stormwater networks.	December 2020	Taumata Arowai established March 2021. Water Services Bill is currently with the select committee. Government report is due 8^th June 2021.
6. Potential impact of the Worksafe decision, in December 2020, to charge 13 parties over the Whakaari/White Island tragedy; and the government review of WorkSafe New Zealand’s performance of its regulatory functions in relation to activities on Whakaari White Island.	February 2021	Impact to be considered when further information is to hand. MBIE expects to receive this report by 30 June 2021.

Emergent risks

Presented to Assurance, Risk and Finance Committee

Progress

1. The risk of externally funded shovel ready, economic stimulus employment opportunity projects due to the impact of the COVID-19 pandemic.

October 2020

Subject of a risk progress report to the Assurance, Risk and Finance Committee meeting, March 2021.

2. The financial and legal risks due to the effects of climate change. Timing of a report on this risk, to the Assurance, Risk and Finance Committee meeting, is to be determined.

October 2020

March 2021 Climate Change deep dive was held.

Proposed to break the climate change into two risks to enable focus on transition risks such as financial and legal.

3. District Services have proposed to escalate one of their top group risks for consideration of inclusion on the top organisational dashboard.

October 2020

It is proposed that this be included in the Assurance, Risk and Finance Committee risk workshop agenda.

4. The risk of not fit for purpose business continuity arrangements.

October 2020

This was subject to a report at the December 20 Assurance, Risk and Finance Committee meeting.

An up-date is provided under the group risk section.

5. Government’s Three Waters Reform programme:

a. establishment of Taumata Arowai

b. regulatory reforms as outlined in the Water Services Bill, and

c. reform of water delivery services including wastewater and stormwater networks.

December 2020

Taumata Arowai established March 2021.

Water Services Bill is currently with the select committee.

Government report is due 8^th June 2021.

6. Potential impact of the Worksafe decision, in December 2020, to charge 13 parties over the Whakaari/White Island tragedy; and the government review of WorkSafe New Zealand’s performance of its regulatory functions in relation to activities on Whakaari White Island.

February 2021

Impact to be considered when further information is to hand.

MBIE expects to receive this report by 30 June 2021.

Organisational risk progress reports:

Five scheduled risk progress reports, including high level treatment plan progress, are provided with highlights and analysis of risk progress below. More detail is available in the attached risk progress reports. No additional reporting requirement for organisational risk has been identified.

Risk progress reports – highlights and analysis:

1. ARF005 Delivery of Service (affordability) Risk Progress Report: The inherent risk rating trend has been assessed as increasing due to the economic impact of the COVID-19 pandemic and the outcome from the recent rating review. A decision report will be put to the July 2021 Assurance, Risk and Finance Committee meeting on the formation of an Affordability Risk reference group and a recommendation to commission a new affordability study.

2. ARF007 Compliance NRC Abatements Risk Progress Report: The inherent risk rating trend has been assessed as declining with five of nine abatement notices withdrawn or closed and implementation of the infrastructure compliance strategy.

3. ARF009 Customer Service Delivery Risk Progress Report: The inherent risk rating trend has been assessed as declining. The Customer Experience Improvement Programme is progressing well with a review planned for Q1 2021/22 and Customer Journey Mapping Programme planned to provide an organisation consistent approach.

4. ARF010 Data Governance Risk Progress Report: The inherent risk rating trend has been assessed as declining. An ICT Policy Handbook is being drafted to provide a complete suite of policies, including Data Governance.

5. ARF013 Drinking Water Resilience Risk Progress Report: The inherent risk rating trend has been assessed as stable (no change). The solutions to the identified gaps will become clearer as 3-water reforms become more advanced and with the enactment of the Water Services Bill.

Group Risk:

Risk dashboards have been established for both District Services and IAM. These dashboards provide information on the total number of identified risks; by percentage the number of risks within each group by risk impact score as assessed using our IDEATE methodology categorised as high, medium or low impact score; the level of the risk within Council; and the risk categorisation.

District Services Risk Dashboard	26 risks ü Three lines defence established	Date: 18/05/21


IAM Group Risk Dashboard	57 risks ü Three lines defence established	Date: 18/05/21
		Key below, table 4

Risk Description	Description of category	Example
Health Safety & Wellbeing	A work environment that is without risk to health and safety, so far as is reasonably practicable	Lone worker vulnerability
Legal	Application of the law (and its consequences) to FNDC actions	Court action
Operational/Financial	Whole of business view of FNDC performance including service/services delivery, risk, finance, environmental	Affordability
Optimising efficiency	Managing the present, lineal response to what exists today such as system, Continuous Improvement, process	Born digital improvements e.g. BCA application
People and culture	Capability, mindsets, behaviour	Disability awareness workshops
Regulatory and Compliance	Conforming to rules, external = law or regulation; internal = policies	Audits
Reputational	The external estimation in which FNDC and brand is held	Customer service delivery
Strategic	Adapting to change: Innovation / create the future / selectively forget the past	Climate change / Affordability