Notice is hereby given that a Meeting of the Executive Committee will be held on:




Meeting Room:



Tuesday, 3 December 2019


Committee Room
First Floor
Southland District Council
15 Forth Street


Executive Committee Agenda







Mayor Gary Tong



Paul Duffy



Julie Keast



Ebel Kremer






Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840




Full agendas are available on Council’s Website




Terms of Reference – Executive Committee



Council committee






Committee constituted by Council as per schedule 7, clause 30 (1)(a), LGA 2002.

Committee delegated powers by Council as per schedule 7, clause 32, LGA 2002.


Mayor (chairperson), deputy mayor, chairperson Regulatory and Consents Committee, chairperson Services and Assets Committee, chairperson Finance and Assurance Committee, chairperson Community and Strategy Committee



As required


Three members


The Executive Committee is responsible for:

•      overseeing the employment of the chief executive

•      managing code of conduct issues relating to elected members

•      making decisions on urgent matters arising between scheduled Council meetings or on specific matters referred to it by Council.


Council delegates to the Executive Committee the following powers:

(a)       oversee the employment of the chief executive in accordance with the provisions of the Local Government Act 2002

(b)       development of the chief executive’s performance agreement for review and approval by Council 

(c)       monitoring the chief executive’s performance against the approved performance agreement  

(d)       commissioning any market data required to assess appropriate remuneration for the chief executive for their annual review 

(e)       developing a remuneration arrangement for the chief executive and making recommendations to Council. 

(f)        authority to investigate any complaints or issues about the actions of an elected member under the code of conduct

(g)       authority to make decisions on urgent matters between Council meetings or on matters specifically referred to it by Council including the approval of unbudgeted expenditure requests that do not include the purchase of an asset not provided for in the Long Term Plan. 

(h)       the authority to engage the independent member of the Finance and Audit Committee to assist with the investigation of a code of conduct issue/complaint should they consider that desirable.


Council authorises the following delegated authority of financial powers to Council committees in regard to matters within each committee’s jurisdiction.

Contract Acceptance:

            accept or decline any contract for the purchase of goods, services, capital works or other assets where the total value of the lump sum contract does not exceed the sum allocated in the Long Term Plan/Annual Plan and the contract relates to an activity that is within the scope of activities relating to the work of the Executive Committee

            accept or decline any contract for the disposal of goods, plant or other assets other than property or land that is provided for in the Long Term Plan.

Budget Reallocation

Committee is authorised to reallocate funds from one existing budget item to another. Reallocation of this kind must not impact on current or future levels of service and must be:

            funded by way of savings on existing budget items

            within the jurisdiction of the committee

            consistent with the Revenue and Financing Policy.


The mayor is the authorised spokesperson for the committee in all matters where the committee has authority or a particular interest.  Committee members do not have delegated authority to speak to the media and/or outside agencies on behalf of Council on matters outside of the committee’s delegations unless expressly given. 


Executive Committee

03 December 2019



ITEM                                                                                                                                                                                  PAGE


1             Apologies                                                                                                                                                                7

2             Leave of absence                                                                                                                                                7

3             Conflict of Interest                                                                                                                                             7

4             Public Forum                                                                                                                                                         7

5             Extraordinary/Urgent Items                                                                                                                        7

6             Confirmation of Minutes                                                                                                                               7   

Public Excluded

Procedural motion to exclude the public                                                                                                            9

C7.1      Unbudgeted expenditure approval for Invercargill building project


1             Apologies


At the close of the agenda no apologies had been received.


2             Leave of absence


At the close of the agenda no requests for leave of absence had been received.


3             Conflict of Interest


Committee Members are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a member and any private or other external interest they might have.


4             Public Forum

Notification to speak is required by 5pm at least two days before the meeting. Further information is available on or phoning 0800 732 732.


5             Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the committee to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i)            the reason why the item was not on the Agenda, and

(ii)          the reason why the discussion of this item cannot be delayed until a subsequent meeting.

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a)           that item may be discussed at that meeting if-

(i)        that item is a minor matter relating to the general business of the local authority; and

(ii)       the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b)          no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


6             Confirmation of Minutes

There are no minutes to confirm as this is the first meeting of the Committee for the 2019/2022 triennium.

Executive Committee

03 December 2019


Exclusion of the Public: Local Government Official Information and Meetings Act 1987




That the public be excluded from the following part(s) of the proceedings of this meeting.

C7.1   Unbudgeted expenditure approval for Invercargill building project

The general subject 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(1) 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(1) for the passing of this resolution

Unbudgeted expenditure approval for Invercargill building project

s7(2)(d) - The withholding of the information is necessary to avoid prejudice to measures protecting the health and safety of members of the public.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

That the public conduct of the whole or 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 exists.