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.

 

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

 

 

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

 

Far North District Council

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. 13

2          Nga Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 13

3          Te Tono Kōrero / Deputation. 13

4          Confirmation of Previous Minutes. 14

4.1            Confirmation of Previous Minutes. 14

5          Information Reports. 21

5.1            April Risk Management Report 21

5.2            Revenue recovery report 31 March 2022. 47

5.3            Council Financial Report for the Period Ending 28 February 2022. 53

5.4            Level of Service KPI Quarter 3 Performance Report for 2021-2022. 80

5.5            Audit NZ Management Report for June 2021. 101

5.6            Assurance, Risk and Finance Committee Action Sheet Update for April 2022. 145

6          Te Wāhanga Tūmataiti / Public Excluded. 147

6.1            Confirmation of Previous Minutes. 147

6.2            April 2022 Audit and Assurance Report 147

6.3            Technology Update Report 147

7          Karakia Whakamutunga – Closing Prayer. 149

8          Te Kapinga Hui / Meeting Close. 149

 

 


1            Karakia Timatanga – Opening Prayer

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.


Assurance, Risk and Finance Committee Meeting Agenda

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.

Recommendation

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.

Attachments

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.

 

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 

5            Information Reports

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.

 TŪTOHUNGA / Recommendation

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.


Table 1: Top organisational risk dashboard

 

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

Good progress has been made to implement treatments. Cyber security risk, is intensifying with growing digital dependency and increasing geopolitical disruptions.

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

Updated Water Safety Plans (due 31 March 2022) will inform our understanding of the resilience issues faced by each scheme along with an improvement plan for those issues.

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

 

 

 


MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

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.

Chart, bar chart

Description automatically generated with medium confidence

 

Chart, diagram

Description automatically generated with medium confidence

 

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.

 

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.


Group Risk Dashboard

 

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

 

 

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


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.

 

Āpitihanga / Attachments

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  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

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Assurance, Risk and Finance Committee Meeting Agenda

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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

To provide quarterly reporting to the Far North District Council Assurance, Risk, and Finance Committee.

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.

 TŪTOHUNGA / Recommendation

That the Assurance, Risk and Finance Committee receive the report Revenue recovery report 31 March 2022.

 

 

tĀHUHU KŌRERO / 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.

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

The data provided is for General Title and Māori Freehold Land rates and water accounts with sundry debtors shown in a separate table. Since the 1st of July 2021, the General Title rates total arrears balance has been reduced by 30% and water rates by 38%.

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:

Mortgage Demand(s) has been issued previously which was paid by the bank

Have been contacted as part of pre-demand calling but have not made payments.

No contact details on the account and owners have not responded to letters

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

Provision is made annually for doubtful debts in relation to the arrears owed to council. A higher provision for Māori 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.       31 March 2022 ARF Revenue recovery Report attachment - A3666978  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

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.

ngĀ Āpitihanga / Attachments

1.       Council Financial Report Feb2022 (Pd8) FINAL - A3662256  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

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.

Recommendation

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.

Attachments

1.       LOS KPI Report Quarter 3 2021-22 - A3671700  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

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.

 TŪTOHUNGA / Recommendation

That the Assurance, Risk and Finance Committee receive the report Audit NZ Management Report for June 2021.

 

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

Āpitihanga / Attachments

1.       FNDC 21J Draft report to Governors - A3672647  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

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.

tŪtohunga / Recommendation

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.

Āpitihanga / Attachments

1.       Action Sheet - A3676927  

 


Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 


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Assurance, Risk and Finance Committee Meeting Agenda

27 April 2022

 

6            Te Wāhanga Tūmataiti / Public Excluded

  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

6.1 - Confirmation of Previous Minutes

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

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

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

6.2 - April 2022 Audit and Assurance Report

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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

6.3 - Technology Update Report

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

s7(2)(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

 

 

 

 

 

7            Karakia Whakamutunga – Closing Prayer

8            Te Kapinga Hui / Meeting Close