Meeting of the Risk and Audit Committee
Date: 31 July 2024
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Title Page
1. Welcome/Karakia/Notices/Apologies
2. Conflict of Interest Declarations
3. Confirmation of Minutes of the Risk and Audit Committee held on 1 May 2024
Decision Items
4. Treasury Compliance Report for the period 1 April - 30 June 2024 3
5. Enterprise Assurance update 13
6. Risk Management update 31
Decision Items (Public Excluded)
7. Strategic risk deep dives 45
8. Wairoa Flood Event reviews 47
9. Confirmation of 1 May 2024 Public Excluded Minutes 49
Risk and Audit Committee
Wednesday 31 July 2024
Subject: Treasury Compliance Report for the period 1 April - 30 June 2024
Reason for report
1. This item provides compliance monitoring of Hawke’s Bay Regional Council’s (HBRC) Treasury activity and reports the performance of Council’s investment portfolio for the quarter ended 30 June 2024.
Overview of the quarter ending 30 June 2024
2. At the end of the quarter to 30 June 2024, HBRC was compliant with all measures in its Treasury Policy, however, during the quarter did breach the counterparty risk policy with BNZ over 2 weekends due to the requirement to hold additional funds for loan repayments due on Monday mornings.
3. During the quarter HBRC confirmed and updated where appropriate the delegated authorities and signatories with BNZ and Jarden. There was no requirement to file with the Covenant Trustee Service during this quarter. The next return is due by 31 October 2024.
4. The effects of Cyclone Gabrielle and its recovery continue to impact both cash balances and borrowing requirements. Additional ongoing borrowing to fund recovery will continue over the next 3-4 years, while proceeds from insurance claims are slower than earlier forecast.
5. In June, Fitch confirmed it issued to Council a Long-Term Local-Currency Issuer Default Rating of ‘AA’. This rating allows any lending from LGFA to be at a discounted rate (generally 20 base points). It also increases the Council’s Lending Policy Covenants with LGFA.
Background
6. Council’s Treasury Policy requires a quarterly Treasury Report to be presented to the Risk and Audit Committee. The policy states that the Treasury Report is to include:
6.1. Treasury exceptions report
6.2. Policy compliance
6.3. Borrowing limit report
6.4. Funding and liquidity report
6.5. Debt maturity profile
6.6. Interest rate report
6.7. Investment management report
6.8. Treasury investments
6.9. Cost of funds report, cash flow and debt forecast report
6.10. Debt and interest rate strategy and commentary
6.11. Counterparty credit report
6.12. Loan advances.
7. The Investment Management report has specific requirements outlined in the Treasury Policy.This requires quarterly reporting on all treasury investments plus annual reporting on all equities and property investments.
8. In addition to the Treasury Policy, Council has a Statement of Investment Policy and Objectives (SIPO) document setting out the parameters required for funds under management for the HBRC Long Term Investment Fund and the Future Investment Fund.
9. Since 2018, HBRC has procured treasury advice and services from PricewaterhouseCoopers (PwC) who provide quarterly treasury reporting for internal monitoring purposes.
Treasury exceptions report and policy compliance
10. In June, the Council borrowed an additional $40m from LGFA as detailed in the debt management section below and resulted in holding larger than normal funds. As per policy they were placed with multiple counterparties and via Jarden were split between 2 banks. From 1 July 2024the counterparty limits in the treasury policy has lifted to be $25m each.
11. Council staff continue to maintain the view that management of Recovery Funding held on behalf sits outside HBRC’s treasury Policy for normal operations and is excluded from treasury reporting.
12. The Treasury Policy states the CFO formally delegates to accountants the responsibility for executing treasury transactions in accordance with approved limits, managing the operation of all bank accounts, reviewing electronic batch payments to creditors, and arranging for approval by authorised signatories. Practical application of the Treasury Policy limits for authorisation of bank transactions has not been documented to date so we outlined how this is applied internally the attached report provides a breakdown of the policy and the internal application of limits.
Funding and liquidity
13. To ensure HBRC can adequately fund its operations, current policy requires us to maintain a liquid balance of ‘greater than 10% of existing total external debt’. Current liquidity ratio is 30.22% and therefore meets policy.
14. The following table reports the cash and cash equivalents on 30 June 2024.
30-Jun-24 |
$0 |
Cash on Call |
24,275 |
Short-term bank deposits |
- |
Total Cash & and Deposits |
24,275 |
15. To manage liquidity risk, HBRC retains a Standby Facility with BNZ. This facility provides HBRC with a same-day draw down option, to any amount between $0.3m-$10m, and with a 7-day minimum draw period.
16. With no change to the OCR, the return on on-call funds remains high with BNZ at 4.75% and Jarden at 5.45%. Because the current cash on hand is required for cashflow purposes it is not practical for this to be placed on long term deposit. Short term deposit rates with counterparties currently return less than the above on-call rates.
Debt management
17. On 30 June 2024 the current external debt for the Council group was $113m. There was no pre-funding of loans due to mature. ($130.16m including loan from HBRIC).
18. Since Q3 Council has borrowed $40m from LGFA. $25m was utilised to repay short term borrowing (cyclone related), with the balance to cover operational costs until the next rates intake and fund expected capital projects related to cyclone recovery.
19. The following summarises the year-to-date movements in Council’s debt position.
20. Council’s debt maturity profile remained compliant and with the conversion of cyclone related short-term borrowing to longer term, the pressure has reduced on the 0-3 year period. As mentioned last quarter, the Council plans to utilise any insurance proceeds to minimise future borrowing. The infographic below includes our $10m BNZ overdraft facility in total debt but excludes internal (HBRIC) debt.
Funding summary
21. The decision for HBRC to borrow $40m in June was a result of several factors falling at the same time. With the insurance claim process taking longer than initial anticipated (although NEMA has applauded our claims information and advised our claims are well ahead of other councils) it was prudent to roll the expensive short-term borrowing of $25m into longer terms, knowing insurance proceeds received in the future would assist to limit further borrowing required for capital projects. Additional funding was also required to fund our cashflow as well to allow have sufficient funds on hand for the major flood mitigation project.
22. HBRC staff are working to firm up a cashflow forecast for the capital projects which have been challenging and this will inform the timing of any future borrowings.
23. The LTP debt forecast anticipates debt levels rising to $176m by the end of FY27.
Borrowing limits
24. Council continues to monitor and work within the agreed borrowing limits set by both Council and the LGFA.
25. The ratios below excludes all HB Recovery cash & cash equivalents held and any return on these funds but does include LTIF managed funds as a liquid asset for assessing net debt.
Interest rate risk
26. Council currently holds $49m in fixed rate instruments, 42% hedging of current external debt, and remains compliant to policy. This is based on the draft FY2025-2027 LTP plan.
27. These instruments are currently held with two banks, Westpac and BNZ. Since 30 June, interest rates have shown movement and Council is considering additional swaps to increase hedging and proposes to spread risk by introducing swaps from ANZ.
Managed funds
28. Total Group Investment Fund portfolios capital on 30 June 2024 is $167m. Adjusted for inflation this is $1.82m below the inflation-adjusted contribution target. No divestments have been made from managed funds this year.
29. Markets have overall remained static in Q4, with the portfolio decreasing by $67k (full year growth was $11.m). The funds have returned an overall 7.10% after fees and taxes, with all income reinvested into the fund.
30. The following table summarises the fund balances at the end of each period and the graph illustrates the asset allocations within each fund on 30 June 2024.
|
30 June 2022 |
30 June 2023 |
30 June 2024 |
Fund Balances HBRC |
$000 |
$000 |
$000 |
Fund Balance HBRC |
104,449 |
110,828 |
118,722 |
Capital Protected Amount HBRC (2% compounded since inception) |
114,239 |
115,895 |
118,890
|
Current HBRC value above/(below) capital protected amount |
(9,790) |
(5,067) |
(168) |
Funds Balances (Group + HBRIC) |
|||
Long-Term Investment Fund (HBRC) |
45,679 |
48,400 |
51,847 |
Future Investment Fund (HBRC) |
58,770 |
62,428 |
66,875 |
Total HBRC |
104,449 |
110,828 |
118,722 |
Plus HBRIC Managed Funds (FIF) |
43,226 |
45,638 |
48,854 |
Total Group Managed Funds |
147,675 |
156,466 |
167,576 |
Capital Protected Amount (2% compound inflation) |
162,720 |
164,798 |
169,344 |
Current group value above/(below) protected amount |
(15,045) |
(8,332) |
(1,768) |
31. From 1 July HBRIC, on behalf of the Council, will transition the HBRC-managed fund portfolios to a new provider, Harbour Asset Management. The transition plan should see all assets transferred and re-invested by 31 July. Harbour has indicated that due to the nature of some of the assets transferred they may not be fully compliant with the SIPO initially but will work as quickly as possible to align to all SIPO requirements.
32. Financial markets have rallied to June and recovered earlier valuation falls within the group portfolio of up $11m on June 2023. The performance of all portfolio’s has improved this year, in part supported by all cash returns which are reinvested, leading to all gains as unrealised.
Cost of funds
33. Rolling 12 months to 30 June 2024, Gross Cost of Funds (COF) was 3.93% and Net COF was 3.83%.
HBRIC Ltd
34. In accordance with Council policy, HBRIC provides separate quarterly updates to the Corporate and Strategic Committee.
Decision-making process
35. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
35.1. The decisions of the Committee are in accordance with the Terms of Reference and decision-making delegations adopted by Hawke’s Bay Regional Council 30 August 2023, specifically the Risk and Audit Committee shall have responsibility and authority to:
35.1.1. Review the Council’s revenue and expenditure policies, amongst others, and the effectiveness of those policies in ensuring limited risk is generated. (1.3)
35.2. Because this report is for information only, the decision-making provisions do not apply.
Recommendation
That the Risk and Audit Committee receives and notes the Treasury Compliance Report for the period 1 April– 30 June 2024.
Authored by:
Tracey O'Shaughnessy Treasury & Investments Accountant |
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Approved by:
Susie Young Group Manager Corporate Services |
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1⇩ |
Treasury Policy application of bank authorities July 2024 |
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|
Risk and Audit Committee
Wednesday 31 July 2024
Subject: Enterprise Assurance update
Reason for report
1. This item updates the Risk and Audit Committee (RAC) on the progress of:
1.1. the agreed corrective actions (with priority risk ratings medium and high) that respond to findings from enterprise internal assurance reviews that have been previously reported to the RAC via the Internal Assurance Corrective Actions Dashboard
1.2. the audits/reviews (including S.17a) completed and proposed for the future via the Assurance Universe Dashboard
1.3. the position of reviews for the current financial year shown on the Assurance Plan for 2023-24.
Discussion
2. The Internal Assurance Corrective Actions Dashboard is attached.
3. The corrective actions status update provides oversight to the RAC of how the actions taken to address open internal assurance findings are progressing, including total issues raised, how many closed and how many remain open. The table below is a summary of the open audits/reviews.
Audit Performed |
Review Type |
Date |
Total Issues raised |
Issues Closed |
Issues Open |
Comments |
Regional Assets |
Section 17a |
March 2020 |
N/A |
0 |
3 |
Of the remaining three actions, two are ‘on track’ and one is ‘at risk’. |
HBRC Talent Management Report |
Internal Audit |
April 2021 |
8 |
7 |
1 |
One remaining action is behind – This action is on-hold whilst a P&C Manager is recruited. |
4. The dashboard gives visibility of:
4.1. open findings of the milestones, the milestones completed and to be completed by the next RAC, plus the tracking status since last reported
4.2. a summary of closed actions since the last RAC report.
5. The Assurance Universe Dashboard is attached. This links enterprise reviews or audits undertaken over the past five years, the current year, and future years to an enterprise risk. Reviews and audits in the Assurance Universe include external audits, enterprise internal audits, business reviews with an enterprise focus, and section 17a reviews.
6. The Assurance Plan for 2023-24 is below. This gives a status of approved audits and the current status.
Approved Audit FY23-24 |
Provider |
Quarter Due |
Date Commenced |
Management Comments |
Reported to RAC |
Data Analytics (2023-2024) |
Crowe |
Q1 |
August 2024 |
Startup meeting in place with Crowe with extraction expected end of August |
No |
Financial and resource implications
7. The budget provided for internal assurance in 2024-2025 is $64,600.
8. Budget provisions for s.17a reviews are allocated via the budgets for the activities identified in the Assurance Universe.
Decision-making process
9. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
9.1. The decisions of the Committee are in accordance with the Terms of Reference and decision-making delegations adopted by Hawke’s Bay Regional Council 30 August 2023, specifically the Risk and Audit Committee shall have responsibility and authority to:
9.1.1. Receive the internal and external audit report(s) and review actions to be taken by management on significant issues and recommendations raised within the report(s). (2.8)
9.1.2. Ensure that recommendations in audit management reports are considered and, if appropriate, actioned by management. (3.5)
That the Risk and Audit Committee
1. Receives and notes the Enterprise Assurance update staff report.
2. Confirms that the Internal Assurance Corrective actions update report has provided adequate information on the status of the Internal Assurance Corrective Actions.
Authored by:
Olivia Giraud-Burrell Quality & Assurance Advisor |
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Approved by:
Susie Young Group Manager Corporate Services |
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1⇩ |
Internal Assurance Dashboard July 2024 |
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2⇩ |
Assurance Universe 1 July 2024 |
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Risk and Audit Committee
31 July 2024
Subject: Risk Management update
Reason for report
1. This item and the accompanying strategic risk report provide the Risk and Audit Committee (RAC) with a quarterly update of:
1.1. the strategic risk profile for HBRC, expressed in terms of HBRC’s purpose, strategic priorities and definition of success, together with an outline of the major areas of uncertainty/risk relating to this
1.2. the sentiment of both the Executive Leadership Team and Councillors as to the aggregate level of confidence/concern (i.e risk rating) with respect to the strategic risk profile of HBRC
1.3. a deep dive into specific areas of uncertainty/risk, with the associated One Page Management Plans that provide transparency as to what these areas are, why these matter, what contributes to these, how these are managed and monitored, and specific actions recommended.
2. This item also provides an update on the wider external environment and specific issues for the attention of the Risk and Audit Committee, as well as a draft forward work plan (attachment 1) for discussion and feedback.
Executive summary
3. The external environment continues to impact on HBRC – both in terms of the political landscape, economic landscape and climate-related events.
4. Specific areas of focus since the last meeting include work associated with:
4.1. central government led priorities and the legislative reform work
4.2. the insurance renewal process and wider changes within the insurance landscape
4.3. affordability pressures related to the conclusion of the Long Term Plan
4.4. management of continued cyber security threats and resilience
4.5. the recent 26th June weather related event and impact on the Wairoa community and HBRC
4.6. engagement with the Cyclone Recovery Unit and work related to the North Island Weather Event (NIWE) Resilience Programme for delivery of Category 2 flood mitigations.
Discussion
Central Government priorities and legislative reform
5. As at mid-2024, the coalition Government continues strong momentum in its ambitious resource management and legislative reform work programme. There are ‘big ticket’ items such as the Fast-track Approvals Bill, re-setting legislation for the ‘Local Water Done Well’ programme and the three-phased reforms of the RMA. There are also a number of more focussed proposals – some new and others remain a legacy from the previous Government. Other examples are amendments to national Policy Statements (for housing, highly productive land and renewable energy) and laws to grant 20-year extensions to existing marine farms and ports. For Hawke’s Bay in particular, there may be an ongoing need for further temporary relaxation of laws to support our recovery from the impacts of Cyclone Gabrielle.
6. The Government’s reform programme presents some opportunities for re-focussing HBRC’s own work, but it also poses risks including:
6.1. uncertainty of content and timing (e.g. how long do we continue working to the current laws, before we face a switch?)
6.2. short-term policy resets by Government impact on service delivery and environmental outcomes in our communities
6.3. increasing number and complexity of reform proposals across multiple tranches over time
6.4. should we invest in responding/submitting on all of these proposals, while we also need to focus on our own BAU programmes
6.5. community misunderstanding about what are the Government’s proposals and what HBRC might be proposing (or responding)
6.6. HBRC needing to revisit some of its previous decisions (e.g. establishment of Māori Wards), reduced Crown funding for some of HBRC’s activities as a result of public sector personnel cuts, and Budget 2024
6.7. further uncertainty beyond this current term of Government if the programme will be maintained or face further U-turns by the next Government.
7. Treaty partners are increasingly feeling vulnerable given the combined effect and intent of the Government’s reforms on the role and interests of Māori in resource management.
8. The Government has initiated a targeted review of the Public Works Act 1981. The review seeks to facilitate the delivery of critical infrastructure projects.
9. The programme of work related to the Cyclone Gabrielle Category 2 risk mitigation projects, including flood protection measures continues to progress. Pressure continues to be felt from central government in particular the Cyclone Recovery Unit, Crown Infrastructure partners for delivery of Category 2 Flood Mitigations. Timeframes and scheduling for delivery has limited contingency with pressure to deliver.
The insurance renewal process
10. Navigating the challenging insurance market continues to present difficulties for HBRC. Namely, due to the market conditions for capacity in different types of insurances and the effects that the natural catastrophes around the world in 2023 have had on the markets.
11. The global market is facing affordability issues for insurance for risks in the natural catastrophe exposed locations and pricing locally is being driven by the increasing frequency of weather-related claims as well as inflationary pressures.
12. Prior to 30 June 2024, HBRC held various insurance policies via AON, Asteron and Marsh.
13. In June Marsh advised 13 councils across New Zealand that they could no longer obtain insurance for Professional /Public Liability, citing a significant deterioration in the council claims being presented to the London Market as the primary driver for London Markets exiting this offer. This was mainly due to the professional exposure associated with building control, which is considered high risk.
14. HBRC immediately engaged with AON for an offering of this product leveraging existing relationships. AON have provided a primary layer of cover $15m, however this is a significantly reduced capacity and cover from our previous $300m cover with Marsh. Further work is being undertaken to access secondary layers of protection.
15. AON holds the following policies which are due for renewal on 1 November 2024.
Forestry (Standing Timber) |
Infrastructure (40%) |
Contract Works |
Material Damage & Business Interruption |
Commercial Motor Vehicle |
Commercial Marine Hull |
Aviation Hull (Drone) |
Travel Policy |
Statutory Liability Policy |
Employers Liability |
Personal Accident |
Crime Liability |
16. From 30 June 2024, AON also holds:
16.1. Public Liability & Professional Indemnity
16.2. Harbour Masters Wreck Removal ($10m)
17. Staff are working with AON regarding the Environmental Impairment insurance and reviewing the cover required and the HBRC insurable risk that might exist. There is currently no cover in place for this and we will report back once appropriate cover is found.
18. Marsh held the following policies:
18.1. Public Liability & Professional Indemnity
18.2. Harbour Masters Liability
18.3. Environmental Impairment.
19. As of 1 July 2024, HBRC does not hold any other current policies with Marsh.
20. Asteron held the following policies:
20.1. Employee Income Protection
20.2. Employee Life.
21. Staff are still working with AON regarding further excess layers for the Public Liability & Professional Indemnity, Harbourmasters Wreck Removal and Environmental Impairment insurance following the change from Marsh.
22. Insurance renewal processes (roll over/annual reviews) for all insurance policies for HBRC is underway and will continue to renew until November 2024.
23. HBRC expects more premium increases, with lower cover due to international insurance markets.
24. Officers have begun looking at self-insurance options, our current valuation methods used across asset types and other Councils approaches to their insurances in preparation for the impending renewal of our HBRC policies.
25. A workshop with the Risk and Audit Committee on 31 July will provide an overview of the current state of the insurance market, HBRC’s insurable risk and the nature of cover provided/sought. We would then look to confirm HBRC’s risk appetite for insurable risk with Council prior to renewal.
Long Term Plan and affordability
26. The recent Long Term Plan deliberations and rate payer sentiment have raised affordability concerns across our region. This sentiment has been felt not only across Hawke’s Bay but nationally across all of the local government sector.
27. Nationally, economists have stated New Zealand is in a state of recession, a combination of relative high interest rates, stubborn persistent inflation and increasing levels of unemployment.
28. These factors have implications on HBRC in terms of the affordability of rates by ratepayers and need for strong community engagement and support, with clear narrative as to trade-off choices made and LTP priorities in the near term.
29. HBRC have budgeted ~$1.2M for the impact of rates remissions and expect that days to payment for rates may increase outwards of 90 days+.
30. To enable appropriate management of remissions and bad debts, HBRC have recruited short term assistance to manage the increasing assistance our rate payers may require with expected increase in payment plan options, and remissions.
Cyber security
31. We continue to see increased cyber activity across NZ and into our organisation. The overall focus in the industry currently pertains to human-introduced vulnerabilities as phishing becomes increasingly sophisticated.
32. At the start of June 2024, the Government Communications Security Bureau advised us of a new phishing campaign that’s targeting NZ organisations. The emails look like they originate from trusted or known contacts, thus deceiving people into clicking on them. This reinforces the need for HBRC to remain vigilant around security controls and cyber training.
33. Most recently, on 19 July, HBRC was impacted by the global IT outage as a result of the routine but faulty security software update by global firm crowdstrike. This resulted in one of the largest operating system outages across the world has experienced. HBRC experienced computer crashes (the blue screen) and inability to restart.
34. HBRC immediately triggered incident response lead by the Information technology team, manually applying fixes to desk machines, and putting in place weekend drop ins for staff across the weekend. There were very limited impacts as the result of the immediate response HBRC put in place.
35. Since the presentation to the RAC in April pertaining to cyber risk, further controls around staff adherence to phishing training have been undertaken:
35.1. Phishing training for new employees has been increased from 2 introduction courses to completion of all 3 introduction modules within the first 6 months of tenure.
35.2. The completion of an additional phishing training course will now be required of all staff each year, upon their annual anniversary.
35.3. Further courses and communications will be available each October, during “Cyber Security Awareness” month.
35.4. Course completion is monitored and provided to the GMs each quarter.
36. In response to this focused campaign, we have increased our Phishing training completion rates from ~50% to 71.25% over the past 8 weeks.
Issues and concerns
37. This quarter, high risk events are outlined below.
Type |
Number of High-Risk Events |
Non-financial Risk Incidents |
1 |
Health and Safety |
3 |
38. One significant non-financial risk incident was recorded this quarter, relating to an outage of Hilltop data display on the HBRC public website. This was deemed high risk, at that time, given the high reputational potential damage this had, with external media enquiries, community enquires combined with a potential rain event at that time. A copy of the Post Implementation Report is attachment 2 to this report.
39. This was caused by an internal action, where an unidentified / generic external Hilltop user account was disabled, without going through standard ICT change procedures and approval processes. This action resulted in an interruption to the flow of data to the website. The issue was resolved with follow up actions taken to ensure this is not repeated.
40. Three public health and safety incidents were noted that all involved NZ Police.
40.1. An external contractor working for HBRC in Wairoa was threatened whilst on site specifically threat to life and tried to the contractor’s boat. Police were called at the time with immediate escalation. Increased communications with Police, Wairoa District Council, local Iwi and Community Groups has been undertaken.
40.2. Late one evening in June the HBRC Dalton Street security card readers were intentionally smashed from fittings. Police were notified immediately with the sharing of security footage. The offender was caught and charged. Reader cards were immediately fixed with reminders sent to all staff regarding the need for vigilance when entering and exiting buildings.
40.3. HBRC has and continues to receive threatening messages, notably one threatening email which was received suggesting harm and a bomb threat through info@HBRC email address. This was immediately notified to the Chief Executive and reported to Police via 105 Police Report. Police Intelligence Unit conducted a sophisticated search and found no matches for the email supplied and were unable to identify a source or who sent the email. As a result, a security guard has been placed in HBRC reception. Dealing with Aggressive People training has been undertaken by CX/Reception staff.
Assurance Activities
Security Reviews
41. For sensitive data (held on-premise but residing outside of our core enterprise stack), we requested a review of data security and access controls.
41.1. Rates (MagiQ): All user access is controlled at a role-level, with read-only access provided where needed.
41.2. HR (Sharepoint): A review of user access to the P&C folders has been completed, and access streamlined to critical users only.
Audits
42. This quarter saw two separate audits undertaken.
Information Management
43. This audit was conducted by Increment, (funded by Microsoft), across HBRC’s data and information management policies, with a focus on data classification, how to then manage the storage and sharing of documents labelled ‘confidential’ or ‘restricted’, and record retention and disposal.
44. This is an area which has not been addressed within HBRC over the past few years, as the Information Management role within the organisation has not been funded.
45. Unsurprisingly, this highlighted several known issues in our Information Management space regarding the use of metadata, rules around storage and sharing of documents with specific classifications, and lack of retention & disposal.
46. ICT has received approval for a Fixed Term 1-Year Information Management role in FY24/25 to work through these recommendations and provide an initial IM framework. This is expected to occur in early 2025.
External Security
47. This complimentary audit, conducted by Orange Cyber defence, was a 1-week trial of their external attack programme, which seeks to find vulnerabilities in our external facing network.
48. HBRC obtained ‘Hero’ status, with only 3 prioritised findings relating to dead-link sites on the HBRC website. These have been addressed.
Financial Reviews
49. Ernst and Young is currently preparing for the HBRC onsite audit review.
50. Next quarter will focus on preparing for the annual security audit with EY. This is scheduled for Sept/Oct 2024.
51. A forward workplan is attached as Appendix 2 outlining tasks that the Risk and Audit Committee will undertake aligned with the Terms of Reference for clarity.
Independent Flood Review
52. At the time of submission of this paper, the independent review into the performance of all HBRC-owned and operated flood protection, control, and drainage schemes during Cyclone Gabrielle (HBIFR) was released.
53. On 24 July the Council received the report on the HBIFR from the panel, noting that the range of recommendations from the review will be considered in detail by the Executive Leadership Team in conjunction with flood scheme reviews and mitigation works currently under way.
Decision-making process
54. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that:
54.1. The decisions of the Committee are in accordance with the Terms of Reference and decision-making delegations adopted by Hawke’s Bay Regional Council 30 August 2023, specifically the Risk and Audit Committee shall have responsibility and authority to provide advice and recommend actions, responses, and changes to the Council about risk management, assurance activities, governance oversight and internal control matters, including external reporting and audit matters. Specifically, this includes:
54.1.1. The robustness of Council’s risk management systems, policies, practice and assurance processes. (1.1)
54.1.2. Review whether Council management has a current and comprehensive risk management framework and associated procedures for effective identification and management of the Council’s significant risks in place. (2.1)
54.1.3. Undertake periodic monitoring of corporate risk assessment, and the internal controls instituted in response to such risks. (2.2)
54.2. Because this report is for information only, the decision-making provisions do not apply.
That the Risk and Audit Committee receives and considers the Risk Management update staff report.
Authored by:
Jess Bennett Programme Finance & Controls Manager |
Katrina Brunton Group Manager Policy & Regulation |
Karina Campbell Strategic Advisor |
David Nalder Acting Risk Manager |
Approved by:
Susie Young Group Manager Corporate Services |
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1⇩ |
Risk & Audit Committee forward work plan |
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2⇩ |
21 May 2024 Hilltop Data Display Incident Report |
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Risk and Audit Committee
Wednesday 31 July 2024
Subject: Strategic risk deep dives
That the Risk and Audit Committee excludes the public from this section of the meeting, being Agenda Item 7 Strategic risk deep diveswith the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:
General subject of the item to be considered |
Plain English reason for excluding the public |
Rationale |
Grounds under section 48(1) for the passing of the resolution |
Strategic risk deep dives |
s7(2)(j) to prevent disclosing information that could be used for improper gain or improper advantage. |
To prevent information about Council’s critical controls being accessed. The public interest is protected by not allowing the information to be accessed by anyone outside the organisation. |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Authored by:
David Nalder Acting Risk Manager |
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Approved by:
Susie Young Group Manager Corporate Services |
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Risk and Audit Committee
Wednesday 31 July 2024
Subject: Wairoa Flood Event reviews
1. That the Risk and Audit Committee excludes the public from this section of the meeting, being Agenda Item 8 Wairoa Flood Event reviewswith the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:
General subject of the item to be considered |
Reason for passing this resolution |
Grounds under section 48(1) for the passing of the resolution |
Wairoa Flood Event reviews |
The matters being discussed may potentially be the subject of litigation and the Council has engaged legal advisors to provide advice on associated issues. In relation to the public interest, the fact that reviews are under way has been widely shared by the Council and by the media so it is considered the public interest has been served in that way. |
s7(2)(g) Excluding the public is necessary to prevent disclosure of information that is legally privileged. |
2. That Kent Perry – Partner, Heaney & Partners – be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the law. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because they are representing HBRC in legal proceedings.
Authored by:
Matt McGrath Chief Legal Advisor |
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Approved by:
Susie Young Group Manager Corporate Services |
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Risk and Audit Committee
31 July 2024
Subject: Confirmation of Public Excluded Minutes of the Risk & Audit Committee meeting held on 1 May 2024
That the Risk & Audit Committee excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 9 with the general subject of the item to be considered while the public is excluded. The reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are:
General subject of the item to be considered |
Rationale for passing this resolution |
Grounds under section 48(1) for the passing of the resolution |
Incident report - Payroll Holidays Act compliance |
The information contained in this paper may result in both industrial negotiations with affected staff members and commercial negotiations with the vendor of the TechOne product. The premature disclosure of information contained in the paper may prejudice the position of HBRC in such negotiations. The paper also contains information derived from legal advice provided by in-house and external counsel. Inclusion of such material in public-facing papers is likely to prejudice the free-flow of information and advice in-confidence with HBRC’s legal advisors. While there may be public interest in this matter, as it relates to the expenditure of public monies, such public interest is unlikely to outweigh the justifications for withholding the information. The public interest may be satisfied by the matter being reported on, with legally privileged material removed or redacted once the public disclosure of these matters would not affect these industrial and commercial positions. Moreover, relevant disclosures of these matters will be made to the appropriate unions, satisfying the need to ensure accountability in HBRC’s dealings with staff. |
s7(2)(g) Excluding the public is necessary to prevent disclosure of information that is legally privileged s7(2)(i) Excluding the public is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
Strategic risk deep dives |
To prevent information about Council’s critical controls being accessed. The public interest is protected by not allowing the information to be accessed by anyone outside the organisation. |
s7(2)(j) Excluding the public is necessary to prevent the disclosure or use of official information for improper gain or improper advantage |
Authored by:
Leeanne Hooper Team Leader Governance |
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Approved by:
Desiree Cull Strategy & Governance Manager |
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