Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Assurance, Risk and Finance Committee Meeting
Wednesday, 27 April 2022
Time: |
11:15 am |
Location: |
Council Chamber Memorial Avenue Kaikohe |
Membership:
Chairperson John Vujcich
Deputy Chairperson Bruce Robertson
Mayor John Carter
Deputy Mayor Ann Court
Cr Mate Radich
Cr Rachel Smith
Cr Kelly Stratford
Cr Moko Tepania
Member Mike Edmonds
Member Adele Gardner
|
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.
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 |
|
|
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. |
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 bookkeeping, 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 |
|
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 |
Committee member |
Kaikohe Rugby Football and Sports Club |
Council Funding |
Withdraw and abstain |
|
Adele Gardner |
N/A - FNDC Honorarium |
|
|
|
Te Hiku Education Trust |
Trustee |
|
|
|
Te Ahu Charitable Trust |
Trustee |
|
|
|
ST Johns Kaitaia Branch |
Trustee/ Committee Member |
|
|
|
Te Hiku Sports Hub Committee |
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 |
|
|
|
Assurance, Risk and Finance Committee Meeting Agenda |
27 April 2022 |
Assurance, Risk and Finance Committee Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Wednesday 27 April 2022 at 11:15 am
Te Paeroa Mahi / Order of Business
1 Karakia Timatanga – Opening Prayer
2 Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
5.1 April Risk Management Report
5.2 Revenue recovery report 31 March 2022
5.3 Council Financial Report for the Period Ending 28 February 2022
5.4 Level of Service KPI Quarter 3 Performance Report for 2021-2022
5.5 Audit NZ Management Report for June 2021
5.6 Assurance, Risk and Finance Committee Action Sheet Update for April 2022
6 Te Wāhanga Tūmataiti / Public Excluded
6.1 Confirmation of Previous Minutes
6.2 April 2022 Audit and Assurance Report
7 Karakia Whakamutunga – Closing Prayer
8 Te Kapinga Hui / Meeting Close
2 Nga Whakapāha Me Ngā Pānga Mema / 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 Democracy 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.
3 Te Tono Kōrero / Deputation
No requests for deputations were received at the time of the Agenda going to print.
27 April 2022 |
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
File Number: A3667630
Author: Joshna Panday, Democracy Advisor
Authoriser: William J Taylor MBE, General Manager - Corporate Services
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.
That the Assurance, Risk and Finance Committee confirms the minutes of the Assurance, Risk and Finance Committee meeting held 16 March 2022 as a true and correct record. |
1) 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) 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.
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) Financial Implications and Budgetary Provision
There are no financial implications or the need for budgetary provision as a result of this report.
1. 2022-03-16
Assurance, Risk and Finance Committee Minutes - A3625802 ⇩
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 for 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 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.
|
27 April 2022 |
5.1 April Risk Management Report
File Number: A3650572
Author: Tanya Reid, Business Improvement Specialist
Authoriser: William J Taylor MBE, General Manager - Corporate Services
TAKE PŪRONGO / Purpose of the Report
To provide an information reports on organisational risk management. emergent risk, scheduled risk progress reports for the top organisation’s and business continuity planning.
No decision is required.
WHAKARĀPOPOTO MATUA / Executive SummarY
Risk progress updates are provided for four of the five scheduled reports on top organisational risks. The risk trend is stable for two of these risks and increasing for three.
Within Council, risk management at a group and departmental level, continues as does identifying essential services to be supported by business continuity plans. This report includes an up-date on our progress to implement a legislative compliance system and establishment of the Affordability Risk reference Group.
That the Assurance, Risk and Finance Committee receive the report April Risk Management Report. |
tĀHUHU KŌRERO / Background
The top organisational risks are risks that may impact on Council achieving its vision, mission and community outcomes and are regularly reported to the Assurance, Risk and Finance Committee to ensure they are being appropriately managed. A number of these risks are subject to external influences which may affect effective council operations.
Table 1 provides a risk snapshot of the Assurance, Risk and Finance Committee Organisational Risk Dashboard with inherent and residual risk scores as accepted by this Committee, and the risk trend as assessed by the risk subject matter experts. These risks are categorised into three themes – Climate Change, Enterprise Governance and Infrastructure and Asset Management Risks.
Table 2 details the 2022 deep dive programme and risk progress report schedule, as agreed by Assurance, Risk and Finance Committee. The schedule has synchronised risk progress reports to enable the Assurance, Risk and Finance Committee to view reports on interconnected risks.
Risk ID: |
Risk title |
Date Risk adopted |
Inherent risk score |
Residual risk score |
The risk trend is: |
Months since risk trend last changed: |
High level risk treatment progress: |
Climate Change |
|||||||
ARF015 |
Climate Change Organisation Transition Risk |
01/12/22 |
31 |
|
Stable |
3 |
The Climate Change Risk Reference Group is working to develop an understanding of treatments in place, in progress and gaps/opportunities. |
ARF016 |
Climate Change Community Transition Risk |
01/12/22 |
39 |
|
Stable |
3 |
The Climate Change Risk Reference Group is working to develop an understanding of treatments in place, in progress and gaps/opportunities. |
ARF017 |
Climate Change Direct Risk to Council Physical and Natural Assets |
01/12/22 |
37 |
|
Stable |
4 |
The Climate Change Risk Reference Group is progressing work to identify treatments in place, in progress and gaps/opportunities such as need to integrated Climate change adaption and mitigation planning into Infrastructure Planning, Asset Management Planning and Financial Planning. |
ARF018 |
Failure to understand and capture climate-related opportunities |
01/12/22 |
29 |
|
|
|
The Climate Change Risk Reference Group is working to develop an understanding of opportunities. |
Enterprise Governance |
|||||||
ARF003 |
Health & Safety Vulnerabilities |
30/05/19 |
46 |
34 |
Increasing |
20 |
A 90-day Health Safety and Wellbeing review has commenced. This review includes existing projects; progress to complete Council’s 5-year Health, Safety and Wellbeing strategic plan; calendar of core Health Safety and Wellbeing activities; progress of treatments; and an audit of health and safety processes and records. |
ARF005 |
Affordability Risk |
30/05/19 |
45 |
26 |
Increasing |
18 |
An Affordability Risk Reference Group has been established with a work programme which includes theming and prioritizing the organisational Affordability risk(s). Terms of reference have been agreed. |
ARF010 |
Data Governance Risks |
30/05/19 |
39 |
14 |
Increasing |
6 |
|
Infrastructure and Asset Management |
|||||||
ARF004 |
Asset Management Risks |
30/05/19 |
45 |
18 |
Decreasing |
4 |
Asset Management Plans and project management framework are implemented with good progress made against other treatments. |
ARF006 |
Project Priorities Deliveries Delays |
30/05/19 |
45 |
14 |
Increasing |
4 |
The external environment is impacting this risk with issues being experienced such as contractor availability and increasing cost of labour and materials. |
ARF007 |
Compliance NRC Abatements |
30/05/19 |
45 |
18 |
Increasing |
6 |
NRC are increasing the use of abatement notices as a key part of their compliance strategy. Legislative and regulatory change currently being faced. |
ARF012 |
Contract Management Risks |
30/05/19 |
39 |
14 |
Stable |
23 |
Treatments such as the new contracts register, and contract management framework are progressing. |
ARF013 |
Drinking Water Resilience |
05/07/20 |
35 |
|
Stable |
18 |
|
ARF014 |
Programme Darwin |
08/09/21 |
35 |
13 |
Increasing |
6 |
Treatments to reduce either the impact or probability of this risk are yet to be confirmed or implemented. |
Table 2: 2022 Deep dive programme and risk progress report schedule;
|
2022 ARF meeting date: |
02/02 |
16/03 |
27/04 |
22/06 |
31/08 |
|
Deep Dive Programme: |
|
|
Review Risk Management Policy Affordability risks |
Climate Change – Treatment mapping / residual risk |
Infrastructure & Asset Management risks |
Climate Change risk progress reporting schedule |
||||||
ARF015 |
Climate Change Organisation Transition Risk |
|
ü |
|
ü |
ü |
ARF016 |
Climate Change Community Transition Risk |
|
ü |
|
ü |
ü |
ARF017 |
Climate Change Direct Risk to Council Physical and Natural Assets |
ü |
|
ü |
|
ü |
ARF018 |
Failure to understand and capture climate-related opportunities |
|
|
|
ü |
|
Enterprise Governance risk progress reporting schedule |
||||||
ARF003 |
Health & Safety Vulnerabilities |
ü |
|
ü |
|
ü |
ARF005 |
Affordability Risk |
|
|
|
ü |
|
ARF010 |
Data Governance Risks |
|
|
|
ü |
|
Infrastructure and Asset Management risk progress reporting schedule |
||||||
ARF004 |
Asset Management Risks |
ü |
|
|
|
ü |
ARF006 |
Project Priorities Deliveries Delays |
ü |
|
ü |
|
ü |
ARF007 |
Compliance NRC Abatements |
|
|
|
ü |
|
ARF012 |
Contract Management Risks |
ü |
|
ü |
|
ü |
ARF013 |
Drinking Water Resilience |
|
ü |
|
ü |
ü |
ARF014 |
Programme Darwin |
ü |
|
ü |
|
ü |
|
Externally funded shovel ready, economic stimulus employment opportunity projects |
|
ü |
|
|
|
Organisational risk management
Council continues to experience external environment influences which are aggravating a number of organisational risks:
· Impact of inflation due to two major trends (reduction of the effect of the dis-inflationary force of globalisation; and the transition to factoring in the full cost of producing and delivering goods and services); COVID-19-related impact on supply chains (including the move from just in time to just in case); and the effects of sanctions on Russia and their invasion of Ukraine
· COVID-19-related disruptions to supply chains including rising commodity prices
· Labour market gaps difficulties in attracting and retaining skilled staff in specific areas where there are New Zealand wide “shortages”
· Intensifying cybersecurity risk with growing digital dependency and increasing geopolitical disruptions
· Resourcing required to respond to government led regulatory changes (climate change, local government, 3waters)
· Increasing regulatory intervention - MinterEllisonRuddWatts 2022 litigation forecast is for increasing regulatory intervention due to climate change, class actions and swift legislative change for some sectors. This includes increase focus by Health and safety regulators on ‘upstream’ duty holders; and expectation that the Office of the Privacy Commissioner (OPC) will switch gear from education to enforcement under the enhanced privacy regulatory framework (Privacy Act 2020).
The 2022 Global Risks Report
The 2022 Global Risks Report (published by the World Economic Forum) leverages the collective intelligence of an expanding community of the world’s foremost risk experts, convened by the World Economic Forum’s Global Risks Practice - the Global Risks Report Advisory Board, the Chief Risk Officers Community and the Global Future Council on Frontier Risks, as well as a series of consultations with regional and thematic experts from the public and private sectors. It also draws on the views of over 12,000 country-level leaders who identified critical short-term risks to their 124 countries, gathered through the World Economic Forum’s Executive Opinion Survey.
The following two 2022 Global Risks Report graphics identify the top ten global risks by severity and the risks the most damaging risks will aggravate.
Progress to establish a legal compliance system to assist in the management of legislative risk and compliance:
To address the legal compliance risk of our rapidly evolving and complex regulations Council has entered into an agreement with ComplyWith. ComplyWith provides a generic legal compliance system, with the content needed for local government (the Obligations Register), mapping these obligations to the responsible staff member. Implementation is on track to complete the first survey completed by end May 2022.
Emergent risk:
Table 3: Table of identified emergent risk
Emergent risks |
Presented to ARF: |
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 |
The Assurance, Risk and Finance Committee received a report at the March 2022 meeting |
2. 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. |
3. The risk of not fit for purpose business continuity arrangements. |
October 2020 |
A progress up-date is provided under the group risk section. |
4. 4. Government’s Three Waters Reform programme. |
December 2020 |
Progress on the three waters reform programme does not form part of the Assurance, Risk and Finance Committee agenda. |
5. 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. |
6. Ngapuhi Mana Whakahono ā Rohe. |
February 2022 |
This emergent risk is focussed on our ability to meet the statutory timeframe to review all Council policies and process within six months of completing a Mana Whakahono ā Rohe. An internal hui /workshop with a cross-functional team of 17 staff, supported by the Principal Advisor Organisational Performance & Transformation and the Project and Change Specialist, is planned. |
Emergent risks |
Presented to ARF: |
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 |
The Assurance, Risk and Finance Committee received a report at the March 2022 meeting. |
2. 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. |
3. The risk of not fit for purpose business continuity arrangements.
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October 2020 |
A progress up-date is provided under the group risk section. |
4. Government’s Three Waters Reform programme. |
December 2020 |
Progress on the three waters reform programme does not form part of the Assurance, Risk and Finance Committee agenda. |
5. 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. |
6. Ngapuhi Mana Whakahono ā Rohe. |
Feb 2022 |
This emergent risk is focussed on our ability to meet the statutory timeframe to review all Council policies and process within six months of completing a Mana Whakahono ā Rohe. An internal hui /workshop with a cross-functional team of 17 staff, supported by the Principal Advisor Organisational Performance & Transformation and the Project and Change Specialist, is planned. |
Risk progress reports – highlights and analysis:
1. ARF003 Health & Safety Vulnerabilities Risk Progress Report. The inherent risk rating trend has been assessed as increasing. A 90-day Health Safety and Wellbeing review is underway. This review will include existing projects; progress to complete Council’s 5-year Health, Safety and Wellbeing strategic plan; calendar of core Health Safety and Wellbeing activities; progress of treatments; and an audit of health and safety processes and records.
2. ARF006 Project Priorities Deliveries Delays Progress Report. The inherent risk rating trend has been assessed as increasing. Tenders received for two significant projects above the available budgets. Material and labour prices have risen considerably in the past 12 months and an oversupply of construction projects is impacting on availability of contractors.
3. ARF012 Contract Management Risks Progress Report. The inherent risk rating trend has been assessed as stable as Council continues to make progress against treatments.
4. ARF014 Programme Darwin. No risk progress report has been tabled due to the proposal (below) to provide a full Program Darwin risk report at the next Assurance, Risk and Finance Committee meeting. The inherent risk rating trend remains assessed as increasing with treatments to reduce either the impact or probability of this risk yet to be confirmed or implemented.
5. ARF017 Climate Change Direct Risk to Council Physical and Natural Assets The inherent risk rating trend has been assessed as stable. The Climate Change Risk Reference Group is progressing work to identify treatments in place, in progress and gaps/opportunities such as need to integrated Climate change adaption and mitigation planning into Infrastructure Planning, Asset Management Planning and Financial Planning.
Programme Darwin
Background and context: On 16 December 2021 a decision report was presented to Council. This report requested additional funding to reduce the overall delivery risk. After deliberation Elected Members agreed “that the item is left to lie on the table” and voted on an amendment:
“That Council request a working group be established and a terms of reference be developed, in collaboration with CEO and relevant staff, reporting to the ARF Committee for governance oversight of Programme Darwin”.
A Programme Darwin Elected Members Steering Group has been established and a Terms of Reference drafted. The draft Terms of Reference has not been adopted.
The officer-level Darwin Programme Working Group agreed that an additional risk report, from the Infrastructure Asset Management team, on Programme Darwin be scheduled for the May 2022 Assurance, Risk and Finance Committee agenda. The goal of this report is to provide better clarity, for governance purposes, of the potential impacts of Programme Darwin to the organisation.
Group Risk Up-date
Group Risk dashboards
The dashboards provide information on:
· the total number of identified risks;
· the percentage of risks assessed categorised as high, medium or low impact score;
· the level of the risk within Council (Department, Group or Organisation level risk); and
· the risk description by category (see table 4):
o Health, Safety & Wellbeing
o Legal
o Operational / Financial
o Optimising efficiency
o People and culture
o Regulatory and Compliance
o Reputational / Strategic.
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District Services Risk Dashboard |
Review Date: 28/03/2023 24 risks |
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IAM Group Risk Dashboard |
Review Date: 28/03/2022 25 risks |
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Table 4: Key to risk category |
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Risk Description |
Description of category |
Example |
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Health Safety & Wellbeing |
a work environment that is without risk to health and safety, so far as is reasonably practicable |
Lone worker vulnerability |
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Legal |
Application of the law (and its consequences) to FNDC actions |
Court action |
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Operational/Financial |
Whole of business view of FNDC performance including service/services delivery, risk, finance, environmental, |
Affordability |
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Optimising efficiency |
Managing the present, lineal response to what exists today such as system, Continuous Improvement, process |
Born digital improvements e.g. BCA application |
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People and culture |
Capability, mindsets, behaviour |
Disability awareness workshops |
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Regulatory and Compliance |
Conforming to rules, external = law or regulation; internal = policies |
Audits |
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Reputational |
The external estimation in which FNDC and brand is held |
Customer service delivery |
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Strategic |
Adapting to change: Innovation / create the future / selectively forget the past |
Climate change / Affordability |
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Assurance, Risk and Finance Committee Meeting Agenda |
27 April 2022 |
Business continuity arrangements
The COVID-19 crisis response and crisis management teams continue to manage the Council’s COVID-19 response reviewing and up-dating protocols as the Government changes measures in response to the omicron outbreak. Currently strategic analysis and scenario setting have been completed to inform planning to manage the expected long omicron tail.
Additional work is being completed with Northland Civil Defence to manage deployment of staff to both support our civil defence responsibilities and our business continuity requirements.
Progress to refresh Council’s business continuity arrangements:
Corporate Services: Essential services have been identified and agreed for development of Business Continuity Plans. One business continuity plan has drafted by the responsible team.
IAM: District Facilities have identified and agreed essential services for development of Business Continuity Plans. Four business continuity plans have been drafted by the responsible teams.
People & Capability have completed their business continuity plan.
The District Services and Strategic Planning & Policy Groups have completed their nine business continuity plans for essential services.
In total 15 business continuity plans have been completed.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
No additional budgetary provision is requested.
1. 2022
04 ARF003 Health Safety and Wellbeing Vulnerabilities Risk Progress Report -
A3653060 ⇩
2. 2022
04 ARF006 Projects Priorities Delivery Delays Risk Progress Report - A3660433 ⇩
3. 2022
04 ARF012 Contract Management Risks Progress Report - A3650328 ⇩
4. 2022
04 ARF017 Climate Change Direct Risk to Council Physical and Natural Assets
Risk Progress Report - A3652054 ⇩
27 April 2022 |
5.2 Revenue recovery report 31 March 2022
File Number: A3661007
Author: Margriet Veenstra, Manager - Transaction Services
Authoriser: William J Taylor MBE, General Manager - Corporate Services
TAKE PŪRONGO / Purpose of the Report
WHAKARĀPOPOTO MATUA / Executive SummarY
This is the third report for the financial year 2021-22 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.
That the Assurance, Risk and Finance Committee receive the report Revenue recovery report 31 March 2022.
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tĀHUHU KŌRERO / Background
This information is part of the standing items reported to the Committee on a regular basis.
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
Background
This document has been prepared to outline current and arrears balances for rates, water and Sundry debt as of 31 March 2022 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
General Title rates and water debt
Key actions since the last report:
· Mortgage demand was issued against 152 accounts, with more than $2,000 in arrears, totalling $553,328.99.
· These accounts were selected for the following reasons:
o Mortgage Demand(s) has been issued previously which was paid by the bank
o Have been contacted as part of pre-demand calling but have not made payments.
o No contact details on the account and owners have not responded to letters
o New owners (2019+), no payments since purchase, no response to letters or calls
· A review of all 70 ASB account, where first mortgage demand was issued the day before the August 2021 lockdown has been completed. We will request ASB to contact all customers, requesting full payment of arrears within 4 weeks, otherwise final demand will be issued and paid.
Next actions:
· Continue mortgage demand pre-calling for the smaller financial institutions and water accounts.
· Review properties without a mortgage and high arrears and commence demand process in collaboration with Council’s Legal Services team.
· Contact owners of local businesses to offer a seasonal payment plan, providing reduced rates payments during the winter months to provide relief as tourism picks up when the borders open from May 1st. An increase in payments during the summer months will bring their rates up to date by the end of the rating year.
· Complete in-depth investigations for the first tranche of abandoned land sales and commence with the process.
· Post instalment due date calling of owners whose rates had been current but missed payment of the 4th instalment to offer support, payment plans and remittance of penalties.
For the total number of General Title rates accounts marked as ‘Debt recovery action to commence’:
· These are properties where there is no mortgage, and we do not have a payment arrangement or direct debit set up on the account.
· 36% of properties only have last year’s rates in arrears and 12% have 2 years of arrears. Debt management will be contacting these owners by phone, email, or letter. Any water arrears will be picked up at the same time.
· 52% of these accounts have arrears of 3 or more rating years. Debt management will start the final demand process for these which can result in referral to Council’s legal services team to commence legal proceedings.
Māori Freehold Land rates and water debt
The debt for Māori Freehold land has reduced since the write-offs were completed in June as per the Local Government (Rating of Whenua Māori) Amendment Act 2021. The rates debt has reduced by 2.13% since the start of the year.
Sundry debtors debt
The total sundry debtors aged debt balance has reduced by $1.3 million since the last report, mainly due to payment of a large invoice for $1.2 million.
The 90 day+ resource consent and building consent debt has increased and debt management continue to work with both teams to reduce this. We do continue to see a reduction 30-to-60-day debt totals for both resource consents and building consents.
Debt management continue to send final demand letters and refer them to Council Legal Services team to take legal action where possible.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
1. 31
March 2022 ARF Revenue recovery Report attachment - A3666978 ⇩
27 April 2022 |
5.3 Council Financial Report for the Period Ending 28 February 2022
File Number: A3662252
Author: Angie Thomas, Manager - Accounting Services
Authoriser: Janice Smith, Chief Financial Officer
TE TAKE PŪRONGO / Purpose of the Report
To provide an overview and information on the current financial position and performance of the Far North District Council as at 28 February 2022.
TE WHAKARĀPOPOTO MATUA / Executive SummarY
This report provides a summary overview, Statement of Financial Performance, Capital Performance and Borrowing and Investment reports.
NGĀ TŪTOHUNGA / Recommendation That the Assurance, Risk and Finance Committee receive the report Council Financial Report for the Period Ending 28 February 2022. |
TE tĀHUHU KŌRERO / Background
This report provides financial information as at 28 February 2022.
TE MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
The report is for information only.
NGĀ PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
There are no financial implications or budgetary provisions required as a result of this report.
1. Council
Financial Report Feb2022 (Pd8) FINAL - A3662256 ⇩
27 April 2022 |
5.4 Level of Service KPI Quarter 3 Performance Report for 2021-2022
File Number: A3668792
Author: Jarna Sherry, Accounting Support Officer
Authoriser: Janice Smith, Chief Financial Officer
Purpose of the Report
The purpose of this report is to present the Level of Service KPI Performance Report for the Assurance, Risk and Finance Committee’s consideration.
Executive Summary
This report is to present the level of service KPI performance report for the Assurance, Risk and Finance committee’s consideration.
That the Assurance, Risk and Finance Committee receive the Level of Service KPI Quarter 3 Performance Report for 2021-2022. |
Background
An overview of staffing and financial data is included to give an overall picture of the activity groups, and what factors may have an influence on performance.
Discussion and Next Steps
This report is for information only.
Financial Implications and Budgetary Provision
There are no financial implications or budgetary provision needed as a result of this report.
1. LOS
KPI Report Quarter 3 2021-22 - A3671700 ⇩
27 April 2022 |
5.5 Audit NZ Management Report for June 2021
File Number: A3672214
Author: Janice Smith, Chief Financial Officer
Authoriser: William J Taylor MBE, General Manager - Corporate Services
TAKE PŪRONGO / Purpose of the Report
To provide the Draft Audit New Zealand Management Report on the June 2021 audit to Committee.
WHAKARĀPOPOTO MATUA / Executive SummarY
Audit New Zealand carry out the annual audit of Council’s financial records and at the end of the process they issue a Management Report to Council on their findings.
That the Assurance, Risk and Finance Committee receive the report Audit NZ Management Report for June 2021.
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tĀHUHU KŌRERO / Background
Audit New Zealand are the appointed auditors of Council, and they completed the audit for the period to June 2021 in December 2021.
During the audit, there are issues that are raised that can be addressed at the time and there are issues that take longer to address. These issues are then reported ack to Council via the Management Report.
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
The Management Report for the June 2021 audit was received on 22 March 2022.
Each item identified as requiring action, as well as open items from prior audits, were sent to the relevant manager within Council for comment.
Each of these comments is included in the body of the report and provide information on how the issues can be addressed going forward.
As is always the case, there are a few comments that indicate that staff do not agree with the issue raised by the auditors. In this report and the previous report, these centre around the disclosure of revaluation reserves and how the revaluation of group assets is undertaken.
In relation to the audit of the Statement of Service Provision and in particular the mandatory KPI’s, the work required by the audit team to agree the data for these resulted in additional charges for the audit of $19k. This is because the data requirements for the KPI were hard to review and that resulted in the comment at item 5.2 on page 18 of their report.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
An additional charge of $19k was levied by Audit New Zealand, over and above the agreed audit charge in the Letter of Engagement
1. FNDC
21J Draft report to Governors - A3672647 ⇩
27 April 2022 |
5.6 Assurance, Risk and Finance Committee Action Sheet Update for April 2022
File Number: A3672062
Author: Joshna Panday, Democracy Advisor
Authoriser: Aisha Huriwai, Team Leader Democracy Services
Take Pūrongo / Purpose of the Report
To provide the Assurance, Risk and Finance Committee with an overview of outstanding decisions from 1 January 2020.
WhakarĀpopoto matua / Executive Summary
· Council staff have reintroduced action sheets as a mechanism to communicate progress against decisions/resolutions and confirm when decisions have been implemented.
· The focus of this paper is on decisions made by the Assurance, Risk and Finance.
· Action sheets are also in place for Council and Community Boards.
· There are no outstanding or overdue actions for the Assurance, Risk and Finance.
· All actions for the Assurance, Risk and Finance Committee from 1 January 2020 have been completed.
That the Assurance, Risk and Finance Committee receive the report Action Sheet Update for April 2022. |
1) TĀhuhu kŌrero / Background
The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.
Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings. Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.
There are no outstanding or overdue actions for the Assurance, Risk and Finance. All actions for the Assurance, Risk and Finance from 1 January 2020 have been completed.
2) matapaki me NgĀ KŌwhiringa / Discussion and Options
The outstanding tasks are multi-facet projects that take longer to fully complete. The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.
Take Tūtohunga / Reason for the recommendation
To provide the Assurance, Risk and Finance with an overview of outstanding committee decisions from 1 January 2020. There are no outstanding or overdue actions for the Assurance, Risk and Finance. All actions for the Infrastructure Committee from 1 January 2020 have been completed.
3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision
There are no financial implications or need for budgetary provision in receiving this report.
1. Action
Sheet - A3676927 ⇩
27 April 2022 |
6 Te Wāhanga Tūmataiti / Public Excluded
RESOLUTION TO EXCLUDE THE PUBLIC
That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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7 Karakia Whakamutunga – Closing Prayer
8 Te Kapinga Hui / Meeting Close