Unconfirmed

Minutes of a meeting of the Risk and Audit Committee

 

Date:                                    Wednesday 23 October 2024

Time:                                    9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                              S Maloy – Chair

Cr X Harding – Deputy Chair

Cr T Hokianga

Cr J Mackintosh

Cr H Ormsby (ex-officio)

 

In Attendance:                 N Peet – Chief Executive

S Young – Group Manager Corporate Services

K Brunton – Group Manager Policy & Regulation

C Comber – Chief Financial Officer

L Hooper – Team Leader Governance

R Nalder – Acting Risk Manager

A Wright – Harbourmaster

P Bicknell – Senior Group Accountant

Guests as noted

 


1.         Welcome/Karakia /Apologies

The Chair welcomed everyone and Hinewai Ormsby led the group to open with a karakia.

Apologies for absence from Neil Kirton were noted.

 

2.         Conflict of interest declarations

There were no conflicts of interest declared.

 

3.         Confirmation of Minutes of the Risk and Audit Committee held on 31 July 2024

RAC27/24

Resolution

Minutes of the Risk and Audit Committee held on Wednesday, 31 July 2024, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Harding/Maloy

CARRIED

 

4.

Risk Management update

 

Susie Young introduced the item, which is a consolidated view across the assurance and risk picture for HBRC. Discussions highlighted:

·  The report consolidates what has been provided through multiple reports in the past (as directed by RAC to do in the prior meeting) into one agenda item.

·  Things have settled somewhat for HBRC, after the completion of the multiple external reviews of HBRC’s response to Cyclone Gabrielle.

·  A large volume of actual and potential reforms to the local government sectors are being considered, or are currently in the legislative process.

·  A number of Fast-Track projects have been announced by central government including some in the Hawke’s Bay region.

·  Continue to drive the embedding of the risk framework across the organisation with a focus now on key controls – what can’t go wrong and what must go right.

·  Council continues to be challenged on NIWE delivery in terms of the pace expected by government in the face of very complex land acquisition negotiations and community interests.

·  The invitation of the local council CEs to ‘steering group’ discussions of relevant local projects is to ensure that those councils are well informed about what work is happening in their local areas.

·  Fundamental risk issues out of the Cyclone Gabrielle reviews may come to RAC for awareness but are being dealt with through the relevant committees and Council decisions.

·  Significant work has been done on business continuity plans, both HBRC and CDEM, has been and is being undertaken.

·  The risk management framework continues to be embedded, particularly around identifying key controls and putting assurance mechanisms in place.  The assurances will come back through this committee as control testing. 

·  Third party reviews such as the Wairoa flood review will continue to go through other committees, however they will come through this committee where there are aspects that relate to the operation and design of the risk management framework.

·  The senior legal position will include the work of the previous risk management role.

·  Health and Safety incident reporting has increased, with none significant enough to warrant escalation.

·  Council is working with ComplyWith in relation to legal compliance obligations.

·  Data analytics audit has reported and findings will be presented to the next meeting.

·  The cyber security audit has been deferred until March/April 2025 while specialist resource is brought in to cover network architecture and security.

·  Disappointing that only 5 councillors completed the last quarterly risk sentiment survey, and that participation has decreased with each survey.

Councillor Thompson Hokianga arrived at 9.41am

RAC28/24

Resolution

That the Risk and Audit Committee receives and considers the Risk Management update staff report.

Harding/Mackintosh

CARRIED

 

5.

Port and Harbour Marine Safety Code Review

 

Adrian Wright, Harbourmaster, spoke to the item, noting that nationally maritime safety is not at the forefront of people’s mind to the extent that you would expect due to the costs of responding to or cleaning up after events. Discussions covered:

·  One of the greatest risks for Council is currently around resourcing to meet regulatory responsibilities by using external (volunteer) contractors and staff are working on a proposal to mitigate the risks by purchasing a suitable boat in a way that doesn’t impact on the general rate. Currently we have a small vessel, however this is coming to the end of its life and is not suitable going forward.

·  HazMate is a tool (software) that is used for reporting by our health and safety functions.

RAC29/24

Resolution

That the Risk and Audit Committee receives and considers the Port Harbour Marine Safety Code Review staff report.

Mackintosh/Harding

CARRIED

 

6.

Treasury Compliance Report for the period 1 July - 30 September 2024

 

Susie Young introduced the item, advising that any breaches of the policy have been minor and unavoidable. Discussions covered:

·  Excluding recovery funding from reporting was done purposefully due to the funds (silt & debris) being held on behalf of the Crown (not Council’s money) and distorting the real financial position of the Council.

·  The Regional Recovery Agency role being extended beyond June 2025 will depend on there being unspent funds and Council’s role, e.g. administration and employing staff, would continue for whatever period that was.

RAC30/24

Resolution

That the Risk and Audit Committee receives and notes the Treasury Compliance Report for the period 1 July - 30 September 2024.

Harding/Maloy

CARRIED

 

7.

Ernst & Young Audit Close report on year ended 30 June 2024

 

Matt Walker and David Borrie from EY spoke to their report and highlighted:

·  One qualification relates to infrastructure assets.

·  EY is satisfied that the annual report is materially accurate and expect that the qualification will cease in the next financial year.

·  Five areas for improvement recommended by EY are all being addressed.

·  There were no substantive changes between the draft and final reports distributed to committee members.

·  A separate audit process will be carried out on site annually by Fitch, as relates to the Council’ credit rating.

RAC31/24

Resolution

That the Audit and Risk Committee receives and notes the Ernst & Young Audit Close Report on Year ended 30 June 2024 staff report.

Ormsby/Mackintosh

CARRIED

 

8.

Confirmation of 31 July 2024 Public Excluded Minutes

RAC32/24

Resolutions

That the Risk and Audit Committee excludes the public from this section of the meeting being Confirmation of Public Excluded Minutes Agenda Item 7 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

Reason for passing this resolution

Grounds under section 48(1) for the passing of the resolution

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) to prevent disclosing information that could be used for improper gain or improper advantage.

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.

Maloy/Ormsby

CARRIED

 

9.

Legal update

RAC33/24

Resolutions

That the Risk and Audit Committee excludes the public from this section of the meeting, being Agenda Item 9 Legal update 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

Grounds under section 48(1) for the passing of the resolution

Reason or rationale for passing this resolution, including how the public interest has been considered

Legal update

s7(2)(g) Excluding the public is necessary to prevent disclosure of information that is legally privileged.

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.

Maloy/Ormsby

CARRIED

 

The meeting went into public excluded session at 10.19am and out of public excluded session at 11.11am

 

Councillor Hinewai Ormsby led the offering of a karakia to close the meeting.

 

Closure:

There being no further business the Chair declared the meeting closed at 11.12am on Wednesday, 23 October 2024.

 

Signed as a true and correct record.

 

Date: ................................................                            Chair: ...............................................