Audit and Risk Subcommittee

MINUTES

 

Minutes of an ordinary meeting of the Audit and Risk Subcommittee held in the Otaru Room, Civic Centre, The Octagon, Dunedin on Thursday 18 April 2019, commencing at 1.35 pm

 

PRESENT

 

Chairperson

Susie Johnstone

 

 

 

 

Members

Janet Copeland

Cr Doug Hall

 

Cr Mike Lord

 

 

 

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Dave Tombs (General Manager, Finance and Commercial), Andrew Slater (Risk and Internal Audit Manager), Julian Tan (Director, New Zealand) and Monique Kruger (Audit Manager, Audit New Zealand)

 

Governance Support Officer       Wendy Collard

 

 

 

Ms Janet Copeland left the meeting at 01:35 p.m.

1       Apologies

 

Moved (Susie Johnstone/Cr Mike Lord):

That the Subcommittee:

 

Accepts the apologies from Cr Chris Staynes (for absence) and Mayor Dave Cull (for lateness).

 

Motion carried (AR/2019/007)

 

2       Confirmation of agenda

 

 

Moved (Susie Johnstone/Cr Mike Lord):

That the Subcommittee:

 

Confirms the agenda without addition or alteration

 

Motion carried (AR/2019/008)

 

 

3       Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

 

 

 

Moved (Cr Mike Lord/Cr Doug Hall):

That the Subcommittee:

 

a)     Notes if necessary the Elected or Independent Members' Interest Register attached as Attachment A; and

b)     Confirms the proposed management plan for Elected or Independent Members' Interests.

 Motion carried (AR/2019/009)

 

4       Confirmation of Minutes

4.1    Audit and Risk Subcommittee meeting - 21 February 2019

 

Moved (Susie Johnstone/Cr Mike Lord):

That the Subcommittee:

 

Confirms the public part of the minutes of the Audit and Risk Subcommittee meeting held on 21 February 2019 as a correct record.

 

Motion carried (AR/2019/010)

    

Part A Reports

5       Audit and Risk Subcommittee Work Plan 2019

 

A report from provided a copy of the updated Audit and Risk Subcommittee Work Plan 2019. 

Following discussion, it was agreed that the Health and Safety Policy and Legislative Compliance Policy would be reviewed bi-annually.

 

Moved (Susie Johnstone/Cr Mike Lord):

That the Subcommittee:

 

a)     Notes the Audit and Risk Subcommittee Work Plan.

Motion carried (AR/2019/011)

 

Ms Janet Copeland returned to the meeting at 01:46 p.m.

6       Annual Report Timetable for Year Ended 30 June 2019

 

A report from Finance provided a copy of the timetable in relation to the preparation and approval of the Dunedin City Council Annual Report for the year ended 30 June 2019.

The report also considers new accounting standards applicable to the reporting period.

The Director, Audit New Zealand (Julian Tan) spoke to the report and responded to questions.

 

Moved (Susie Johnstone/Cr Mike Lord):

That the Subcommittee:

 

a)     Notes the report as presented.

Motion carried (AR/2019/012)

             

 

Resolution to exclude the public

Moved (Susie Johnstone/Ms Janet Copeland):

That the Subcommittee:

 

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

 

General subject of the matter to be considered

Reasons for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

 

Reason for Confidentiality

C1  Audit and Risk Subcommittee meeting - 21 February 2019 - Public Excluded

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

 

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)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

 

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

S7(2)(f)(ii)

The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

 

S6(b)

The making available of the information would be likely to endanger the safety of a person.

 

.

 

C2  Report to the Council on the annual audit of Dunedin City Council for the year ended 30 June 2018

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.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C3  Dunedin City Holdings Ltd - Update on Audit and Risk Activity

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.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C4  Audit and Risk Subcommittee Action List Report

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C5  Internal Audit WorkPlan Update - April 2019

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)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C6  Internal Audit - 2018 Data Analytics

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

The report is considered confidential because it refers to Council staff positions where those staff may not have had the opportunity to respond or comment on the report..

C7  Update on the DCC Internal Audit Actions Register - April 2019

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C8  Update on the DCC External Audit Actions Register - April 2019

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C9  ComplyWith Legal Compliance Survey (Jan - Dec 2018)

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C10  Strategic Risk Register - Update April 2019

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C11  Health and Safety Monthly Report for February 2019

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

The information relates to the actions of individual staff who could be identified.  This would breach their privacy and potentially prejudice any processes which may need to be managed..

C12  Treasury Risk Management Compliance Report

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C13  Investigation Register

S6(b)

The making available of the information would be likely to endanger the safety of a person.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6.

The matters detailed in this report are subject to investigation and information should remain confidential so as not to prejudice the investigation and any possible outcomes of the investigation..

C14  Investigation Close Out Report - Awarding of Contracts

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

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)(f)(ii)

The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C15  Protected Disclosure Register

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C16  Investigation Close-out Report

S6(a)

The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.

 

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6 and 7.

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.

 

That Julian Tan (Audit New Zealand) and Monique Kruger (Audit New Zealand) be permitted to remain at the meeting, after the public has been excluded, because of their knowledge of Items C2 and C3.  This knowledge, which would be of assistance in relation to the matters discussed, was relevant because they would be reporting on the item under consideration.

 

Motion carried (AR/2019/013)

 

 

The meeting moved into confidential at 1.58 pm and concluded at 4.29 pm.