Terms of Reference for each committee are available on the Tasman District website www.tasman.govt.nz/my-council/meetings/committee-terms-of-reference/.
Audit and Risk Committee (ARC)
Approved by Council resolution CN20-02-13 1.0 Purpose and Areas of Responsibility
The purpose of the Audit and Risk Committee is to assist the Council and the Chief Executive to discharge their responsibilities for audit and risk management. This includes the active oversight of all areas of Council’s control and accountability in an integrated and systematic way.
In carrying out its responsibilities, the Audit and Risk Committee must at all times recognise that primary responsibility for management of Council rests with the Chief Executive.
2.0 Responsibilities
2.1 The Audit and Risk Committee Chair is responsible for submitting an annual report to the Council covering the Committee’s operations and activities during the preceding year.
2.2 The Audit and Risk Committee’s responsibilities are to provide oversight of:
2.2.1 the robustness of the internal control framework and financial management practices;
2.2.2 the integrity and appropriateness of internal and external reporting and accountability arrangements;
2.2.3 the robustness of risk management systems, processes, and practices;
2.2.4 the internal and external audit functions;
2.2.5 compliance with applicable laws, regulations, standards and best practice guidelines;
2.2.6 the establishment, maintenance and effectiveness of controls to safeguard the Council’s financial and non-financial assets.
2.3 In carrying out its oversight responsibilities the Audit and Risk Committee will have particular regard to:
2.3.1 financial reporting;
2.3.2 external audit process;
2.3.3 internal audit;
2.3.4 risk management;
2.3.5 the oversight and risk management responsibilities of other Council Committees.
Tasman District Council Delegations Register – Part Five Terms of Reference 3.0 Powers
The Audit and Risk Committee, within the scope of its role and responsibilities is authorised to:
3.1 obtain any information it needs from any employee and/or external party (subject to their legal obligation to protect information);
3.2 discuss any matters with the external auditor, or other external parties (subject to confidentiality considerations);
3.3 request the attendance of any employee, including the Chief Executive, at committee meetings;
3.4 obtain external legal or other professional advice, as considered necessary to meet its responsibilities, at the Council’s expense;
3.5 the exercise of the powers in 3.3 and 3.4 above is limited to situations where the performance of the Committee’s functions would be constrained if the resources of the organisation were not available
3.6 Recommend to the Council action on any matter in relation to Audit and Risk activities.
4.0 Limitations
The Audit and Risk Committee has no executive powers and is directly responsible to Council.
5.0 Administration
5.1 The expectation is that members of the public wanting to speak to a matter on the Agenda should be given that opportunity.
5.2 Membership - membership of the committee shall comprise:
5.2.1 5 elected members appointed by Council.
5.2.2 Up to 2 external members appointed in accordance with Councils Policy on the Appointment of Directors and Trustees to Council Organisations. The independent member is appointed for a term of 3 years from the date of appointment or such other terms as Council resolves.
5.2.3 The Chair shall be appointed by Council and may be the independent member.
5.2.4 Any member of the committee, either elected or independent, may be considered for reappointment in the next triennium provided they have not already served two terms on the committee.
5.2.5 The Chief Executive or any Council staff member may not be a member of the committee.
5.2.6 The members, taken collectively, will have a broad range of skills and experience relevant to the operations of the Council. At least one member of the committee should have accounting or related financial management experience, with an understanding of accounting and auditing standards in a public sector environment.
5.3 A quorum comprises 3 members 2 of whom must be elected members.
5.4 Meetings are quarterly.
Tasman District Council Delegations Register – Part Five Terms of Reference
5.5 The Audit and Risk Committee may meet between the quarterly meetings at the discretion of the chair to attend to urgent business.
5.6 A special meeting may be held to review Council’s annual report and long term plan audits.
5.7 The Audit and Risk Committee will meet separately with the external auditors at least once a year.
5.8 Reports to the Council.
Tasman District Council Delegations Register – Part Five Terms of Reference
Commercial Committee (CC)
Approved by Council resolution CN20-02-13 1.0 Purpose and Areas of Responsibility
The Commercial Committee’s function is to monitor and improve the performance of the Council’s commercial and semi-commercial activities. It also reviews new commercial investments including those within the commercial portfolio. This includes recommendations on investments and resourcing to manage the financial and nonfinancial risks associated with these activities.
The Committee is expected to identify opportunities that will increase the portfolio and may also recommend to Council disposal of poor performing assets and investments.
The Commercial Committee’s areas of responsibility are:
Forestry including forestry activities on reserve land.
Commercial campgrounds (Motueka, Murchison, Pohara, Collingwood)
Aerodromes (Motueka, Takaka) Property managed on a commercial basis including the Mapua Wharf precinct The Motueka Harbour and Coastal Works
Reserve Fund
Port Motueka and Port Tarakohe
2.0 Responsibilities
2.1 Ensure that operational strategies, capital works programmes and activity management plans for the activities within the commercial portfolio as a whole support appropriate returns on investment after balancing risks, commercial and community outcomes.
2.2 Ensure quick flexible decision making to support taking advantage of commercial opportunities as they arise.
2.3 Recommend to the Council an overall financial strategy, performance measures and resourcing for the portfolio, for inclusion in the Annual and Long Term Plans.
2.4 Monitor and improve the performance of Council’s commercial portfolio including identifying further opportunities to increase the portfolio.
2.5 Receive and monitor quarterly financial reports in relation to the commercial portfolio and ensure where possible that the best medium to long term rates of return are being achieved.
2.6 Review on a regular basis the overall governance and investment structure for the portfolio and consider whether other governance or investment structures would deliver enhanced returns.
2.7 Receive and consider reports from both staff and the Council’s legal advisors on strategies, and investments along with the identification and mitigation of financial and operational risk.
Tasman District Council Delegations Register – Part Five Terms of Reference
2.8 Make recommendations to the Council on new investments, disposals, business opportunities and other matters in relation to the commercial portfolio.
3.0 Powers
3.1 Authorise any transactions in relation to the commercial portfolio that comply with the Council’s LTP, Annual Plan, Treasury Policy or authorised contracts which are outside the delegated authority of Council staff.
3.2 Authorise any transactions in relation to The Motueka Harbour and Coastal Works Reserve that comply with the reserve funds policy.
3.3 Obtain external legal or other professional advice, as considered necessary to meet its responsibilities, at the Council’s expense.
3.4 Recommend to the Council action on any matter in relation to the commercial portfolio.
4.0 Limitations The Committee may not:
4.1 Authorise legal action.
4.2 Authorise expenditure that falls outside the approved budgets in the Annual Plan, Long Term Plan or Financial Reforecasts.
5.0 Administration
5.1 The expectation is that members of the public wanting to speak to a matter on the Agenda should be given that opportunity.
5.2 Meets quarterly and may meet between the quarterly meetings at the discretion of the chair to attend to urgent business.
5.3 A quorum comprises 4 members 3 of whom must be elected members.
5.4 Membership shall comprise:
5.4.1 5 Elected members appointed by Council
5.4.2 3 independent members appointed in accordance with Council’s Policy on the Appointment of Directors and Trustees to Council Organisations. The independent members are appointed for a term of 5 years from the date of appointment or such other terms as Council resolves and are eligible for reappointment in accordance with Councils Policy on the Appointment of Directors and Trustees.
5.4.3 The Chair shall be appointed by Council 5.5 Reports to the Council.
Tasman District Council Delegations Register – Part Five Terms of Reference