Meeting of Council, Public - Order Paper and Documents (02/12/2019) Public papers Table of Contents: Cover 1 Agenda - Public 2 Welcome/Apologies 3 Disclosures of Interests 4 Council Minutes and Matters Arising 9 Report from the Chancellor 17 Report from the Vice-Chancellor 18 Committee Reports 24 Financial report to 31 October 2019 34 Sexual Harassment Response Policy and accompanying Procedures 38 Forthcoming Events and Next Meeting 64 Media report 67 Appointment of Council Members 71 Graduates in Absentia 76 Election of Chancellor and Pro-Chancellor 81 Resolution to Exclude the Public 82 Governing Documents - Council Manual 84 Te Tiriti o Waitangi Statute 114 Governing Documents - Council Standing Orders and Code of Conduct 116 Governing Documents - Committee Terms of Reference 121 M E E T I N G O F COUNCIL

ORDER PAPER AND DOCUMENTS

-PUBLIC-

M O N D A Y , 2 D E C E M B E R 2 0 1 9 , 9 . 0 0 A M COUNCIL CHAMBER, LEVEL 2, HUNTER BUILDING KELBURN CAMPUS

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COUNCIL Order paper for the meeting to be held in the Council Chamber, Level 2, Hunter Building, Kelburn Campus on Monday, 2 December 2019 at 9.00 am

PUBLIC BUSINESS 9.00 am 1. a) Welcome Chancellor b) Apologies

2. Disclosure of Interests Chancellor 3. Council Minutes and Matters Arising from the Chancellor meeting held on 14 October 2019

Items for Noting 4. Report from the Chancellor Oral report Chancellor

5. Report from the Vice‐Chancellor VUWC 19/130 Vice‐Chancellor

6. Committee Reports

Committee  Academic Board report, 12 November 2019 Chairs  Audit & Risk Committee, 18 November 2019  Finance Committee, 18 November 2019  Te Aka Matua Committee, 25 November 2019

7. Financial report to 31 October 2019 VUWC 19/131 CFO 8. Sexual Harassment Response Policy and associated VUWC 19/132 Provost/Director Procedures HR

9. Forthcoming Events and Next Meeting VUWC 19/133 Chancellor VUWC 19/134 Dir Comms/ 10. Media report Mktg & Engagement Item for Approval 11. Appointment of Council Members VUWC 19/135 Secretary to Council

12. Graduates in Absentia VUWC 19/136 Chancellor Procedural Items 13. Election of Chancellor and Pro‐Chancellor Oral report Secretary to Council

14. Resolution to Exclude the Public VUWC 19/138 Chancellor

Governing Documents Appendix Council Manual

Te Tiriti o Waitangi Statute Standing Orders/Code of Conduct Committee Terms of Reference

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2 Agenda Item 1

Welcome/Acknowledgements/Apologies

To: a) Welcome b) Acknowledge c) Note any apologies

To resolve: that the apologies be sustained.

3 Agenda Item 2

Disclosures of Interest

To receive: declarations and disclosures of interests by members of Council, by way of a general notice under the Education Act 1989 Section 175 and the Local Authorities (Members Interests) Act 1968.

To note: 1 that the Disclosures of Interest register is attached. 2 that the register is also available at all times on the resource centre of board books.

To consider: 1 declarations and conflicts of interest by Council Members.

2 whether a conflict of interest exists or is perceived to exist and, if so, how the matter should be managed.

4 Victoria University of Council Interests Register

NAME ENTITY POSITION START END UPDATED DATE DATE (or entry date) John Allen New Zealand Racing Board Chief Executive Mar 2015 Officer Be. Accessible Charitable Trust Chair June 2012 New Zealand Police: Audit & Risk Committee Chair Sept 2015 New Zealand Stroke Foundation Board Member Oct 2018 Related party: son undertaking postgraduate study at VUW during 2019

Robyn Bargh Huia (NZ) Ltd Director Jan 2016 Maori Arts & Crafts Institute Director Jan 2016 Maori Literature Trust Chair Jan 2016 Te Runanga O Ngati Kea, Ngati Tuara Deputy Chair Jan 2016 Te Arawa Group Holdings Ltd Affiliate Trustee Jan 2016 Herewahine Trust Trustee Jan 2016 Puawai Trust Trustee Jan 2016 Hepora Raharuhi Whanau Trust Trustee Jan 2016 Related party: daughter Maria Bargh works at VUW as an Associate Professor in Te Kawa a Maui

Grant Guilford Wellington Regional Economic Development Agency Board Member 2014 VUW Foundation Board of Trustees Trustee 2014 NZ-China Council Board Member Oct 2016 NZ School of Music Director 2014 WREDA – Risk and Audit Committee Member 2016

Kate Hunter Victoria University Press Advisor Mar 2017 Sept 2019 5/9/19

Traci Houpapa W3 Wool Unleashed PGP Chairman May 2016 Primary Industry Training Organisation Director May 2016 Our Land and Water National Science Challenge Kahui Director May 2016 Chairman Nov 2017 30/11/17 Ontario Teachers’ Pension Plan NZ Forestry Investments Limited Director May 2016 Asia New Zealand Foundation Trustee May 2016 8/17 8/8/17

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5 Victoria University of Wellington Council Interests Register

NAME ENTITY POSITION START END UPDATED DATE DATE (or entry date) Honorary Advisor Aug 2017 Traci Houpapa River Authority and Associated entities Crown Appointee May 2016 8/17 8/8/17 (cont) Deputy Crown Co- Aug 2017 Chair National Advisory Council on the Employment of Women Min Appointee May 2016 Chairman Nov 2017 30/11/17 Federation of Maori Authorities Chairman May 2016 Predator Free 2050 Limited Director Aug 2017 Hineuru Property Limited Director/Chairman Jul 2016 Hineuru Holdings Limited Director/Chairman Jul 2016 Oranga Tamariki Risk & Audit Committee Member Aug 2017 Tuhono Whenua Horticulture Limited Director Feb 2018 10/19 15/10/19 Traci Houpapa Consulting Group Limited Director Feb 2018 Agriculture Services Limited Director Feb 2018 Maximum Potential Management Consultants Limited Director Feb 2018 Australia NZ Leaders Forum Indigenous Business Sector Group Co-Chairman Feb 2018 New Zealand Treasury Board Non-executive July 2018 19.7.18 Director New Zealand Trade & Enterprise Director Jan 2019 Te Arawa Group Holdings Limited Director July 2018 Ministry for Primary Industry Audit & Risk Committee Member Oct 2019

Carwyn Jones Related Party: Wife Nikki Hessell is an Associate Professor in the School of English, Film, Theatre, and Media Studies.

Alan Judge Aquatx Holdings Ltd Chair/Shareholder 24/12/2008 Biotelliga Holdings Ltd Shareholder 13/7/2017 The City Gallery Wellington Foundation Trustee 15/10/2006 The Dame Malvina Major Foundation Trustee 28/3/2011 Habit Group Holdings Limited Chair 31/12/18

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6 Victoria University of Wellington Council Interests Register

NAME ENTITY POSITION START END UPDATED DATE DATE (or entry date) Hugo Lawrence Chapman Tripp Winter/Summer 1/8/18 clerk

Isabella Lenihan- Active Citizenship Aotearoa Director May 2017 Ikin Committee on University Academic Programmes (CUAP) Member Jan 2018 to Dec 2020 Related party: Brother Rory Lenihan-Ikin works in the University’s 28.8.19 sustainability office

Neil Paviour-Smith Forsyth Barr Ltd Managing Director 2001 Forsyth Barr Subsidiaries and Entities: Director 1998  Forsyth Barr Cash Management Nominees Ltd  Forsyth Barr Custodians Ltd  Forsyth Barr Group Ltd  Forsyth Barr (Hamilton) Ltd  Forsyth Barr Investment Management Ltd  Leveraged Equities Finance Ltd  Forsyth Barr Asia Ltd (HK registered) New Zealand Regulatory Board (Chartered Accountants Director Jan 2015 Dec 2017 27/2/18 Australia and New Zealand) Chairman Jan 2018 27/2/18 The New Zealand Initiative Ltd Director Apr 2015 Wadestown School Board of Trustees Trustee/Chair Jun 2007 Victoria University of Wellington Council Member June 2013 Dec 2015 Pro-Chancellor Jan 2016 Dec 2017 Chancellor Jan 2018 NZ Art Show Ltd Director Mar 2017 VUW Foundation Board of Trustees Trustee Feb 2018 State Services Commission Advisory Group on parameters for Chief Member Jan 2019 Executive remuneration Related party: son commencing second year of study at VUW in 2019

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7 Victoria University of Wellington Council Interests Register

NAME ENTITY POSITION START END UPDATED DATE DATE (or entry date) Farib Sos Asia Pacific Research Institute Trustee Jan 2016

Asia Forum Wellington Executive Chair Jan 2016 NZ-ASEAN Business Council Chapter Chair Jan 2016 NZ-Indonesia Council Council Member Jan 2016 Kandy Connection Trustee Jan 2016 VUW Foundation Board of Trustees Trustee Jan 2016 Asia New Zealand Foundation Honorary Advisor Mar 2017 (Ministerial apt) The New Zealand Amateur Sport Association Board Member & May 2018 Deputy Chair Expert Advisory Panel (EAP) of the New Zealand Open Government Member Nov 2019 11.11.19 Partnership (OGP)

Therese Walsh Wellington Homeless Women’s Trust Ambassador Jan 2016 Antarctica NZ Board Member Aug 2017 Air New Zealand Ltd Director Jan 2016 Air New Zealand Ltd Chairman 25.9.19 9.9.19 ASB Bank Ltd Director Jan 2016 TVNZ Ltd Chairman May 2017 31.10.19 5.11.19 Wellington Regional Stadium Trust Trustee Jan 2016 1.9.19 9.9.19 On Being Bold Ltd Director Mar 2017 Aug 2017 Therese Walsh Consulting Ltd Director Mar 2017 Contact Energy Ltd Director July 2018 Climate change commission selection panel Member 2.9.19 9.9.19 Related party: daughter undertaking second year in 2019

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8 Agenda Item 3

Council Minutes, Meeting held on 14 October 2019 Matters Arising

To confirm: the public Minutes of the Meeting of Council held on 14 October 2019.

To resolve: that the Minutes of the Meeting of Council held on 14 October 2019 be approved.

9 Council Minutes, Meeting held 14 October 2019

COUNCIL Minutes of the Council Meeting held on Monday, 14 October 2019 from 9.00 am to 4.15 pm in the Council Chamber, Level 2, Hunter Building, Kelburn Campus

PRESENT: Mr John Allen Ms Robyn Bargh Professor Grant Guilford (Vice‐Chancellor) until 3.35 pm Ms Traci Houpapa from 9.40 am Associate Professor Kate Hunter Dr Carwyn Jones Mr Alan Judge Mr Hugo Lawrence Ms Isabella Lenihan‐Ikin Mr Neil Paviour‐Smith (Chancellor) Dr Farib Sos Dame Therese Walsh (Pro‐Chancellor) from 9.15 am Ms Caroline Ward (Secretary to Council)

APOLOGIES: Nil

IN ATTENDANCE: Professor Stuart Brock, Vice‐Provost (Academic) Ms Katherine Edmond, Associate Director, Communications, Marketing & Engagement Professor Rawinia Higgins, Deputy Vice‐Chancellor Māori Professor Margaret Hyland, Vice‐Provost (Research) Mr Andrew Jackson, Director, Strategic Projects Mr Simon Johnson, General Counsel Professor Wendy Larner, Provost Mr Mark Loveard, Chief Operating Officer Mr Blair McRae, Deputy Vice‐Chancellor, Engagement Mr Les Montgomery, Chief Financial Officer Mr Lincoln North, Senior Property Manager, Campus Development/Property Services Mr Phil O’Connor, Director, Safety, Risk and Assurance Ms Rhonda Thompson, Senior Advisor, Office of the Deputy Vice‐Chancellor Māori Jocelyn, Lady Keith (alumni)

19.166 KARAKIA

Noted: that the Chancellor led a Karakia in Te Reo translated as “may we be enlivened, engaged and bold in working together”.

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10 Council Minutes, Meeting held 14 October 2019

19.167 WELCOME / APOLOGIES

Noted: 1 that the Chancellor welcomed everyone to the meeting and advised that Dame Therese Walsh and Ms Houpapa had apologised for lateness. 2 that due to overseas travel the Vice‐Chancellor would need to leave the meeting at 3.30 pm. 3 that items in the confidential session of the meeting would be brought forward to the Vice‐Chancellor’s public report in relation to the pastoral care of students in the University’s halls of residence and the strategic plan roadmap. 4 that the success of VUWSA President Tamatha Paul who was elected to the in the recent Local Body elections was acknowledged and Council recorded a vote of congratulations. 5 that the election of a new Mayor and City Councillors was noted with congratulations. Actions: 6 that a letter of thanks and appreciation be sent to outgoing Mayor Justin Lester for his unhesitating support of the University during his three year term. 7 that the Chancellor and Vice‐Chancellor would make contact once the Mayor is in office to signify the critical importance of the relationship between City and University.

Resolved: that the Council record a vote of congratulations to Ms Tamatha Paul, VUWSA President, on her election to the Wellington City Council. Paviour‐Smith/Hunter Carried 190172 at 9.10 am Dame Therese Walsh joined the meeting

19.168 DECLARATIONS AND DISCLOSURES OF INTERESTS

Noted: 1 that there were no disclosures of interest by members of Council, by way of a general notice under the Education Act 1989 Section 175 and the Local Authorities (Members Interests) Act 1968. 2 that the Disclosures of Interests Register was available at all times on the Resource Centre of Board books and circulated with material for all Council meetings. 3 that the Chancellor reminded Council members to advise the Secretary to Council of any disclosures between meetings.

19.169 COUNCIL MINUTES, MEETING HELD ON 9 SEPTEMBER 2019

Received: the public Minutes of the meeting of Council held on 9 September 2019.

Resolved: that the public Minutes of the meeting of Council held on 9 September 2019 be approved. Allen/Sos Carried 190173

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11 Council Minutes, Meeting held 14 October 2019

19.170 REPORT FROM THE CHANCELLOR

Received: an oral report from the Chancellor.

Noted: 1 activities since the last meeting of Council on 9 September 2019:

 attended the opening of Maru with Members of Council  attended an SSC/Crown Entity Group meeting  attended the Sustainability Week launch event ‘Your Carbon Zero University’ with guest speaker, Minister for the Environment, James Shaw  attended the Vice‐Chancellor’s briefing to stakeholders at the Wellington Club  attended the Finance Committee meeting  attended the Te Aka Matua Committee special meeting  chaired a Nominations Panel meeting  met with the Vice‐Chancellor  attended the launch of the Innovate Fund – a VicLink event  met with the Secretary to Council and the General Counsel  attended the Blues’ Awards in the Council Chamber 2 that a particular highlight was the launch event for Sustainability week at which Minister for the Environment, James Shaw, addressed the audience. Council extended congratulations to all involved in the organisation and success of Toitū te Ao—Sustainability Week. 3 that a letter was received from the Chief Executive of the Tertiary Education Commission asking that all tertiary institutions provide assurances with regard to the safety of every student enrolled at their institutions, particularly those using accommodation services. The Council was also asked to undertake an independent review and report back by 29 November (see further under minute 19.171 – VC report).

Resolved: that the Chancellor’s report be noted. Sos/Jones Carried 190174 at 9.40 am Ms Houpapa joined the meeting

19.171 REPORT FROM THE VICE‐CHANCELLOR

Received: a report from the Vice‐Chancellor dated 8 October 2019 (document VUWC 19/114).

Noted: 1 that the report was taken as read. 2 that the University was awarded a ‘5 stars plus’ result in its second triennial QS audit, only one of 12 universities in the world to receive this rating. In the latest QS graduate employability rankings the University was second equal in New Zealand and globally it was placed in the 251‐300 band. 3 that the upcoming Immersive Legacies exhibition at the Wellington Museum showcasing a digital archive of 320 The Terrace was highlighted. This exhibition demonstrates how a building of relatively modest architectural value can be visually preserved. Oral histories have also been included. Council member Associate Professor Hunter was acknowledged for her vision and work on this project.

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12 Council Minutes, Meeting held 14 October 2019

4 that a total of $24.5 million was awarded in the MBIE 2019 Endeavour Funding round building on the success of previous years. Strategic Plan Roadmap 5 that the Vice‐Chancellor tabled a document providing feedback from staff, students and stakeholders on initiatives in the Strategic Plan roadmap. The Director, Strategic Projects spoke to the report and Council members provided comment. Action: 6 that the tabled document be circulated to Council members and held on the file for this meeting. Pastoral care in the University’s halls of residence 7 that following recent media coverage of student deaths in halls of residence the comprehensive, high quality pastoral care provided at our halls was reinforced to Council members. 8 that Council was briefed about the ongoing adjustments made each year to pastoral care processes and training for Residential Advisors (RAs) to ensure high standards are retained. Actions that would strengthen the processes of checking if students are completing academic assignments and attending tutorials were also discussed. 9 that recommendations from the inquiry taking place into the recent University of Canterbury student death will be thoroughly considered to see if there are any learnings to be applied at this university.

Resolved: that the Vice‐Chancellor’s report be noted. Paviour‐Smith/Bargh Carried 190175

19.172 REPORTS FROM COMMITTEE CHAIRS

Received: Minutes and oral reports from Committee Chairs:  Academic Board report, meeting held 24 September 2019  Te Aka Matua Committee, Special meeting, 24 September 2019  Finance Committee, 7 October 2019 (oral report)

Noted: that the reports and minutes were taken as read.

Resolved: that the reports from Committee Chairs be noted. Paviour‐Smith/Hunter Carried 190176

19.173 FINANCIAL REPORT

Received: the Financial report to 31 August 2019 (document VUWC 19/115).

Noted: 1 that the report was taken as read. 2 that core University business was trending down on budget and management had been called upon to make some difficult decisions.

Resolved: that the Financial Report to 31 August 2019 be noted. Judge/Sos Carried 190177

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13 Council Minutes, Meeting held 14 October 2019

19.174 FORTHCOMING EVENTS AND NEXT MEETING

Received: a Council Paper from the Secretary to Council dated 8 October 2019 listing Forthcoming Events (document VUWC 19/116).

Noted: 1 that the Council paper was taken as read. 2 that the next meeting of Council will take place on Monday, 2 December 2019 at 9.00 am in the Council Chamber, Level 2, Hunter Building, Kelburn Campus.

Resolved: that the Council Paper on Forthcoming Events and the date and details of the next Council meeting on Monday, 2 December 2019 be noted. Jones/Lawrence Carried 190178

19.175 MEDIA REPORT

Received: a Council paper from the Associate Director Communications, Marketing and Engagement dated 8 October 2019 providing a media report (document VUWC 19/117).

Noted: 1 that the report was taken as read. 2 that the issue faced by University and covered extensively in the press regarding white supremacy was discussed. The Vice‐Chancellor emphasised the importance of maintaining this university as a place where ideas can be contested and debated but from time to time the safety of our communities would require that certain offensive material might need to be removed. Decisions concerning public safety were usually made in consultation with the police.

Resolved: that the Media Report be noted. Sos/Allen Carried 190179

19.176 GRADUATES IN ABSENTIA

Received: the list of degrees, diplomas and certificates granted on 14 October 2019 (document VUWC 19/118).

Resolved: 1 that Council grants the degrees, diplomas and certificates in this University on those persons listed in document VUWC 19/118 and that their names be entered on the Roll of Graduates on 14 October 2019. 2 that a motion of congratulations to the Graduates in Absentia was recorded. Lawrence/Lenihan‐Ikin Carried 190180

19.177 RESOLUTION CONCERNING THE EXCLUSION OF THE PUBLIC

Received: a recommendation that certain items be taken with the public excluded (document VUWC 19/119).

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14 Council Minutes, Meeting held 14 October 2019

Resolved: 1 that the public be excluded from the following parts of the proceedings of this meeting, namely agenda items 12‐26.

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 Reason for passing this Ground(s) under each matter to be resolution in relation to each section 48(1) for considered matter the passing of The public conduct of each item this resolution below would be likely to result in the disclosure of information for which good reason for withholding would exist under the sections of the OIA identified below. Minutes of s 9(2)(b)(ii) and s 9(2)(i) LGOIMA previous meeting s48(1)(a)(ii) held on 9 September 2019 Chancellor’s report s 9(2)(b)(ii) and s 9(2)(i) LGOIMA s48(1)(a)(ii) Vice‐Chancellor’s s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, report s48(1)(a)(ii) Rescindment of s 9(2)(a) LGOIMA, Degree s48(1)(a)(ii) Student S 9(2)(a), s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, accommodation s48(1)(a)(ii) pastoral care Financial report to s 9(2)(b)(ii) LGOIMA, 31.8.19 and Q3 s48(1)(a)(ii) forecast Draft annual s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, management plan s48(1)(a)(ii) and 2020 budget 2020 Strategic plan s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, roadmap s48(1)(a)(ii) Draft TE strategy s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, MoE discussion s48(1)(a)(ii) document – strategic response Living Pa s 9(2)(b)(ii), s 9(2)(i) and s9(2)(j) LGOIMA, s48(1)(a)(ii) Rutherford House s9(2)(b)(ii), s9(2)(i) and s 9(2)(j) LGOIMA, business case s48(1)(a)(ii) variation External s 9(2)(a) LGOIMA, appointments to Te s48(1)(a)(ii) Aka Matua Committee Committee reports s 9(2)(b)(ii) and s 9(2)(i)

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15 Council Minutes, Meeting held 14 October 2019

Safety, Health and s 9(2)(a) and s 9(2)(b)(ii) LGOIMA, Wellbeing reports s48(1)(a)(ii) to 30.9.19 Council only time s 9(2)(a) LGOIMA, s48(1)(a)(ii)

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

2 that such members of the senior leadership as the Chancellor and the Vice‐ Chancellor request be permitted to remain at this meeting, after the public has been excluded, with the exception of agenda item 26, because of their knowledge of the relevant matters identified above which will be of assistance in relation to those matters. Paviour‐Smith/Sos Carried 190181

The meeting adjourned for morning tea at 10.30 am

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16 Agenda Item 4

Report from the Chancellor

To receive: an oral report from the Chancellor.

To note: activities since the last meeting of Council on 14 October 2019:

• attended the MRINZ annual function at the Royal Society • presented to Auckland commerce teachers professional development day • attended the public lecture presented by Distinguished Alumni Award (DAA) recipient Dr Alexander Gerst • attended a Panel Discussion hosted by Professor Jennifer Windsor with Distinguished Alumni Award winners Pamela Bell, Rob Campbell, Whaimutu Dewes, Peggy Fairbairn-Dunlop, Alexander Gerst and Judge Carolyn Henwood • attended a luncheon with the DAA winners followed by a rehearsal for the DAA event • hosted the Distinguished Alumni Awards at the TSB Arena attended by over 550 alumni and invited guests. At this event the University’s Philanthropic Campaign – What if?- was launched • attended the Audit & Risk Committee meeting • attended the Finance Committee meeting • met with the Vice-Chancellor • met with the Secretary to Council • attended the Foundation Board of Trustees meeting • attended the Adam Art Gallery Te Pātaka Toi 20th Birthday Dinner • attended the Te Aka Matua Committee meeting • chaired the Victoria Honours Committee meeting • attended farewell function for Justin Lester.

To resolve: that the Chancellor’s report be noted.

17 Agenda Item 5

Report from the Vice-Chancellor

To receive: a report from the Vice-Chancellor dated 26 November 2019 (document VUWC 19/130).

To resolve: that the report from the Vice-Chancellor be noted.

18 VUWC 19/130

COUNCIL PAPER

TO Members of Council

FROM Vice-Chancellor, Professor Grant Guilford

AUTHOR Vice-Chancellor, Professor Grant Guilford

DATE 26 November 2019

SUBJECT Vice-Chancellor’s Report - Public

REF TO STRAT PLAN Enabling Strategy 5

DOCUMENT # VUWC 19/130

Executive Summary This report notes the priority activities of the various offices, faculties, and service units of the University during the period since the last Council Report was compiled. Public Report ∑ The University has been honoured with a prestigious Green Gown Award for its sustainability leadership - this year for its sustainable design curriculum. The University was awarded top prize in the ‘learning, teaching & skills’ category for a curriculum developed by Tonya Sweet, Senior Lecturer in Design for Social Innovation at the University’s School of Design Innovation, that focuses on teaching students’ skills to apply ‘design thinking’ and creative approaches in navigating sustainability challenges. ∑ Te Herenga Waka – Victoria University of Wellington-led projects have received more than $12.5 million from the Government's Marsden Fund, which awards grants for innovative thinking by top researchers. Administered by the Royal Society Te Apārangi on behalf of the Ministry of Business, Innovation and Employment, the University’s researchers are leading 13 Standard grant projects worth up to $960,000 each over three years and six Fast-Start grant projects worth $300,000 each over three years. ∑ Researchers from the School of Mathematics and Statistics and the School of Engineering and Computer Sciences have been awarded $13 million from the Ministry of Business, Innovation, and Employment’s Strategic Science Investment Fund, over the next seven years to work on data science-driven evolution of aquaculture for building the blue economy.

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∑ The Robinson Research Institute is developing a space research programme - the first of its kind in New Zealand. Their expertise and achievements in this area have resulted in the awarding of a $500,000 Catalyst grant over three years for their work on ‘thermal management of cryogenic superconducting magnets in small satellites’.

∑ Associate Professor Will Browne and Dr Fiona Stevens McFadden from the Robinson Research Institute received a Science for Technological Innovation Spearhead grant valued at approximately $750,000 for three years.

∑ School of Engineering and Computer Science’s Professor Mengjie Zhang also received a Science for Technological Innovation Spearhead grant valued at approximately $510,000 for three years.

∑ School of Engineering and Computer Science’s Dr Craig Anslow received a Catalyst Leaders grant from the Royal Society Te Apārangi, worth $150,000 for three years.

∑ Across the University, nine staff members were promoted to Professor, 22 were promoted to Associate Professor, and 19 were promoted to Senior Lecturer. These promotions will take effect 1 January 2020.

∑ Dr Joanna Kidman was appointed to Professor of Māori Education. This brings the total of Māori professors at the university to seven.

∑ In November, the University recognised the achievements of six distinguished alumni at a formal dinner for 600 guests at TSB arena. The recipients were:

o Pamela Bell (BArch, MArch) founder and former chief executive of PrefabNZ, and is one of New Zealand’s leading advocates for sustainable innovative building methods

o Rob Campbell (BA, BA(Hons)), professional business director and advocate for more equitable and responsible practices in business management

o Whaimutu Dewes, Ngāti Porou and Ngāti Rangitihi (BA, LLB, MPA), prominent business leader, particularly in the seafood industry, and a strong advocate for Māori economic development;

o Tagaloatele Professor Peggy Fairbairn-Dunlop (BA, BA(Hons), MA), a trailblazing Pasifika academic and an expert in a range of Pacific development issues

o Dr Alexander Gerst (MSc), a highly regarded volcanologist and astronaut, who has undertaken two missions to the International Space Station (ISS)

o Judge Carolyn Henwood (LLB) who has had a distinguished career as a judge of the District Court and Youth Court, and as a prominent supporter of the arts.

∑ In the first sets of Times Higher Education subject rankings published this year, the University was ranked 101–125 in Law (1st equal in NZ), 151–175 in the Arts & Humanities (2nd equal in NZ), 151–175 in Education (2nd equal in NZ), 201-250 in Social Sciences (3rd equal in NZ) and 301-400 in Business and Economics (5th equal in NZ).

∑ Assistant Vice-Chancellor International Julia Innocente-Jones attended the Wellington International Student Excellence Awards. Five Victoria University of Wellington students received awards in Academic Excellence, Creativity, Leadership, Community Engagement and the category of Domestic Student. The University had the most students receiving awards at the ceremony out of all Wellington institutions.

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∑ Three Victoria University of Wellington academics received prestigious Royal Society Te Apārangi Research Honours Awards in October. Dr Ocean Mercier (Ngāti Porou), Head of School of Te Kawa a Māui, received the Callaghan Medal for outstanding contribution to science communication, Dr Bronwyn Wood from the School of Education received the Early Career Research Excellence Award for Social Sciences, and Dr Lisa Te Morenga (Ngāpuhi, Ngāti Whātua, Te Uri o Hua, Te Rarawa) from the Faculty of Health received the Hamilton Award, the Early Career Research Excellence Award for Science.

∑ Vini Olsen-Reeder of Te Kawa a Māui was a finalist in the 2019 Wellingtonian of the Year awards, Education category.

∑ School of Linguistics and Applied Language Studies Senior English Language Teacher Nicky Riddiford was made an honorary life member of Teachers of English to Speakers of Other Languages (TESOL) Aotearoa New Zealand. This Award was well-deserved recognition of Nicky’s outstanding service to the TESOL community in New Zealand since the 1980s.

∑ Senior Associate with the University’s Institute for Governance and Policy Studies Max Rashbrooke has been appointed the Stout Research Fellow for 2020 to work on his book ‘Unbalanced: How Wealth Inequality is Reshaping New Zealand’.

∑ The Linkwood Guitar Duo made up of New Zealand School of Music - Te Kōkī Dr Jane Curry and guitarist Owen Moriarty, was a finalist at the Vodafone NZ Music Awards for the 2019 'Best Classical Artist'.

∑ Faculty of Engineering’s Associate Professor Alex Potanin won the bid to host the annual Association for Computing Machinery research conference SPLASH/OOPSLA 2021 in New Zealand. This is a major international conference in Programming Languages.

∑ Faculty of Engineering’s Dr Craig Anslow won the bid to host the Institute of Electrical and Electronics Engineers Virtual Reality International Conference in March 2022 and the Association for Computing Machinery International Conference on Interactive Surfaces and Spaces in November 2022.

∑ The Faculty of Humanities and Social Sciences has developed two new micro- credentials - bite-sized qualifications that students and people in the workforce can complete to better prepare themselves for the future of work. Digital Fluency will provide students with digital literacy skills relevant to a wide range of employment settings, while Intercultural Communication will enable students to develop, strengthen and enhance their intercultural communication abilities. These micro-credentials are being provided with support from relevant industry partners.

∑ In October, the University celebrated 30 years of the longest-running Samoan Studies programme in New Zealand - and being the only University to offer an undergraduate major in Samoan Studies.

∑ In late October, the International Institute of Modern Letters announced the appointment of Tavita Nielsen-Mamea as the Emerging Pasifika Writer in Residence for 2020.

∑ Acclaimed novelist Catherine Robertson has been appointed the International Institute of Modern Letters and Creative New Zealand Writer in Residence for 2020.

∑ School of Linguistics and Applied Language Studies’ Professor Miriam Meyerhoff was elected as a fellow for 2020 to the Linguistic Society of America.

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∑ Wellington University International has launched the International Student Ambassador Programme - a volunteer programme for both domestic and international students to share their experiences through peer to peer engagement with prospective international students. This is the first time the University has created an online, student-led space for prospective international students to engage and connect with the University. The programme was a success with all students who attended having now fully enrolled and commenced their study in Trimester 3.

∑ Ako in Action, a programme to enhance learning and teaching, designed and run by staff and students of the University, won two of the four available prizes at the Australasian Good Practice in Academic Development symposium at the Queensland University of Technology. The Ako in Action programme was awarded the peers’ choice award and one of two ‘finalist with distinction’ prizes.

∑ Bachelor of Law and Bachelor of Science (Hons) student Isabella Lenihan-Ikin has been awarded a Rhodes Scholarship for 2020, to undertake postgraduate study at the University of Oxford in the United Kingdom. Isabella aims to complete two Masters of Science - one in International Health and Tropical Medicine, followed by another in Refugee and Forced Migration Studies.

∑ School of Management’s Associate Professor Christian Schott’s project ‘Virtual Reality Experiential Education for a more Sustainable Future’ has been shortlisted for the Sustainability Award at the Wharton-QS Reimagine Education Awards held in London.

∑ The Adam Art Gallery is celebrating its twentieth year. In November it opened a suite of exhibitions, including two projects focused on the University Art Collection, an artist project by Taranaki-based photographer Fiona Clark, and the first substantial survey of the New Zealand works of the British artist Christopher Perkins. The exhibitions were launched by Pro Vice-Chancellor of the Faculty of Humanities and Social Sciences Professor Jennifer Windsor with more than 140 supporters and colleagues in attendance.

∑ The Vice-Chancellor travelled to London in October where he met with donors, appointed an alumni regional ambassador, and hosted an event for more than 100 alumni at the Royal Society. He then travelled to San Francisco where he and US Engagement Director Fraka Harmsen met with regional ambassador Fleur Knowsley, hosted an alumni event and held meetings and signed memorandum of understanding with University of California, California State University and De Anza College. Other University alumni events were held recently in Brisbane, Melbourne, Wellington, Boston, Guangzhou, New York and Chicago.

∑ The University hosted more than 70 guests, including Polish Ambassador to New Zealand, His Excellency Mr Zbigniew Gniatkowski, for a commemoration of the 75th anniversary of the Polish children arriving in New Zealand. Alumna Krystine Tomaszyk spoke about her personal experience as one of the Polish children and gifted the University a copy of her book Polish Children in Isfahan 1942-1944.

∑ Dr Caroline Bennett from the School of Social and Cultural Studies was appointed to the advisory board for the International Association of Genocide Scholars, an international, interdisciplinary organisation that works on furthering research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on genocide prevention.

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22 VUWC 19/130

∑ The University hosted inaugural lectures by professors Jim McAloon, Jeroen van der Heijden and Michael Macaulay, a lunchtime spotlight lecture on Māori connections to place, a Provost lecture on Ghandi and two public events featuring Distinguished Alumni Award recipients.

∑ A range of content was produced to promote study opportunities available in Trimester 3, including web stories profiling particular courses and a social media plan highlighting the Trimester 3 dates and benefits of enrolling. New imagery of the campus and Wellington was taken to run alongside the content.

∑ Preparations are underway for communications and engagement activity supporting December graduation, with a Facebook event created and a University-wide call for interesting graduation stories. There will be widespread coverage on University channels before, during and after the ceremonies, and also in the Dominion Post, celebrating graduands and their achievements.

∑ A Wellington Faculty of Engineering campaign to improve engagement with students, staff, partners, and industry through social media is delivering results. The Faculty has been creating more personal content about staff and students, resulting in steady growth in the number of followers and a significant increase in interaction with posts on the page. This is helping to build a sense of community and assisting with recruitment.

∑ The Inaugural Faculty of Health Alumni Event took place at the end of October, with more than 20 alumni in attendance.

∑ The Latin America Centre of Asia-Pacific Excellence joined New Zealand Story in launching the Chile Perceptions Research. The New Zealand Ministry of Foreign Affairs and Trade, New Zealand Trade and Enterprise, and the Latin America New Zealand Business Council were event partners.

∑ A unique short film, 'E Whiti E Te Raa: Shine', showcasing long-forgotten waiata premiered at Wellington’s City Gallery in October. The film was produced by Faculty of Humanities and Social Science lecturers Dr Arini Loader (Ngāti Raukawa), Dr Mike Ross (Ngāti Hauā), recent PhD graduate Dr William Franco, and emerging film practitioner Hoani Hotene. Among the guests at the screening were Ngāti Hauā kaumātua and children from Te Wharekura o Te Rau Aroha in Morrinsville who sang the waiata and feature in the film.

∑ Associate Professor Michael Norris has won the 2019 SOUNZ Centre of New Zealand Music Contemporary Award for Sama, a concerto for violin and orchestra. The award recognises New Zealand compositions demonstrating outstanding levels of creativity and inspiration.

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23 Agenda Item 6

Committee Reports and Minutes

To receive: Reports from Committee Chairs:  Academic Board report, meeting held 12 November 2019  Audit & Risk Committee, 18 November 2019  Finance Committee, 18 November 2019  Te Aka Matua Committee, 25 November 2019 (oral report)

To resolve: that the reports from Committee Chairs be noted.

24 Council Memorandum

TO Members of Council

FROM Dr Kristina McGuiness-King, Executive Officer, Academic Board

DATE 17 November 2019

SUBJECT Report of the Academic Board

Executive summary This memorandum is to advise the Council on the substantive items discussed at the 12 November 2019 Academic Board meeting (the minutes have been provided separately). Provost’s Forum: Postgraduate Curriculum Framework Professor Brock introduced a discussion paper setting out the case for formal recognition of specialisations within a postgraduate programme of study in a flexible and transparent way. The idea is to encourage and enable students to mix and match where they see synergies without requiring new degrees or subjects to be approved. This is one issue that had been discussed as part of the wider (postgraduate) Curriculum Framework project. Dr Randal (Curriculum Framework Director) asked for members’ feedback on the suggestions and proposed overarching clause contained in the discussion paper. Discussion explored examples where such specialisations would be possible or not possible; that the proposed wording of the clause in the overarching regulations of (taught) postgraduate qualifications would need be consistent with the degree regulations and would only be possible where the programme has sufficient elective points to permit students to opt for a specialisation; that specialisations might normally be defined by subject codes, but more general ones could provide the opportunity for students to look at wider options; that the student body perceive the increase in the number of master’s qualifications as a good thing. There is real value in these qualifications as they provide opportunities for lifelong learning and work integrated learning, given that graduates are no longer locked into one career; and that this is a way of achieving some of the market-driven flexibility without lengthy approval processes and increased resource implications.

25 It was noted that the natural place for these specialisations would be in the 180-point master’s qualifications, not the research master’s qualifications; that specialisations would not show on a degree certificate, rather would be on students’ academic transcripts; that advice to students about the possible combinations, coherence and cross-disciplinary options would be key; and that the question of course minima/minimum required EFTS for postgraduate qualifications would need to be considered. Va’aomanu Pasifika programme review: Professor Jennifer Windsor (PVC, FHSS), Professor Sarah Leggott (Dean, FHSS), Associate Professor Sally Hill (Head of the School of Languages and Cultures) and Dr April Henderson (Programme Director) spoke to the Va’aomanu Pasifika Academic Programme Review and the Implementation Plan. The Review was seen as a very positive one, and the Programme was very pleased with the Review’s commendations and recommendations, highlighting the importance of Va’aomanu Pasifika as a concentration of Pasifika students. The Programme was particularly pleased with the commendations around pedagogical practices, noting that these not only assisted their students, but Pasifika students from across the University as 100% of their students are enrolled in either a double major and or a double degree. Given Va’aomanu Pasifika plays a central role in supporting Pasifika students, and building their strong culture and identity, ensuring the success of this small unit is central to all faculties’ success. The organisation needs to think carefully about the retention and preservation of this culture and identity in terms of space and planning, staff workloads and collaborative initiatives. The Faculty was working proactively on a cross school/programme appointment, and it was noted that space discussions were ongoing and included the importance of space as a place and part of the Pasifika identity/community. Micro-Credentials The following micro-credentials (non-CUAP) were approved meaning that Te Herenga Waka - Victoria University of Wellington would be the first university in New Zealand to offer micro- credentials: 1. Micro-credential in Digital Fluency 2. Micro-credential in Intercultural Communication 3. Introduction to digital accessibility: delivering inclusive digital content.

Other matters ∑ it was noted that no final decision had been made regarding the future of three hour examinations, that formal consultation would occur and a further paper on the issue would come to Academic Board in 2020; ∑ the deletion of the Māori and Indigenous Business programmes was endorsed; ∑ the proposal to amend the limits on student workload in section 5 of the Personal Courses Of Study Regulations was approved; ∑ thanks was given to all staff and students who attended the recent Climate March, ultimately helping to set the political context for the passing of the Zero Carbon Bill; ∑ the work undertaken in relation to and concerns about the Tertiary Education Amendment Act – Pastoral Care Amendment was noted;

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26 ∑ thanks was given to those who gave feedback on the Sexual Harassment Response Policy, which has now been approved by SLT. The work that went into developing this policy and the innovative approach to include disclosures alongside a complaints procedure were acknowledged; ∑ it was noted that Māori student enrolments continue to grow, with the current participation rate of 11.5% being both ahead of the 2019 target and the highest percentage this University has ever achieved; ∑ it was also noted that the Māori academic staff cohort has grown to 45, including Māori staff on Assistant Lecturer contracts and above. This is also the biggest contingent of Māori academic staff that this University has ever amassed; ∑ the Te Tiriti o Waitangi Statute Handbook will be ready for the 2020 academic year; ∑ a draft General Academic Statute and suite of Regulations will soon be released for wider consultation. Feedback is sought on revoking or relabelling seven existing statutes and one policy and moving to a single high-level General Academic Statute, with the other academic policy provisions reorganised as regulations, policies and procedures; ∑ there will be a T3 pilot running between January and February, associated with the Student Service Transformation Project (student retention and success stream). Students who have struggled in T2, 2019 will be encouraged to enrol in a critical thinking course designed to give students academic skills and wrap around support. The aim of the pilot is to test what effect the lecture experience, student advice and support will have on retention in T1 and T2 the following year; ∑ congratulations to the Ako in Action staff and student partners for winning the Peer Choice Award and for being finalists with distinction at the 2019 Australasian Academic Development Good Practice Awards in Brisbane. Ako in Action has been recognised as an excellent initiative already helping lift the quality of learning and teaching at the University, working with students as genuine partners to lift student success; ∑ the 6 non-CUAP proposals summarised in the Academic Committee report were approved; ∑ the other matters approved and discussed by the Academic Committee at its 15 October 2019 meeting were noted; ∑ the 2020 Academic Programme Review Schedule was noted. Emeritus Professor nomination The Board approved one recommendation to offer the status of Emeritus Professor to Professor John Spencer (who has accepted the nomination). Attendance 63 members attended the 12 November 2019 meeting; 17non-members were in attendance. Membership is approximately 235 at present.

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27 Audit and Risk Committee Minutes – 18 November 2019 Chair‐reviewed

AUDIT AND RISK COMMITTEE (A committee of Council) ______

Minutes of the meeting of the Audit and Risk Committee held at 10.00 am on Monday, 18 November 2019 in the Victoria Room, Level 2, Hunter Building ______

PRESENT: Mr John Allen (Chair) Professor Grant Guilford, Vice‐Chancellor Associate Professor Kate Hunter, Council Member Mr Neil Paviour‐Smith, Chancellor Mr Farib Sos, Council Member

APOLOGIES: Ms Traci Houpapa, Council Member Mr Hugo Lawrence, Council Member Dame Therese Walsh, Pro‐Chancellor

IN ATTENDANCE: Mr Stu Haselden, Director, ITS Professor Wendy Larner, Provost Mr Mark Loveard, Chief Operating Officer Mr Les Montgomery, Chief Financial Officer Ms Marianna Nicolaou, Associate Director, Financial Operations Mr Phil O’Connell, Director, Safety Risk Assurance Ms Ann Sceats, Group Financial Controller Ms Pam Thorburn, Director, Student Academic Services Ms Caroline Ward, Secretary to Council Mr Vaughan Harrison (PriceWaterhouseCoopers) Mr James Rees‐Thomas (PriceWaterhouseCoopers) Mr Casey Webster (Ernst Young)

19.44 WELCOME and APOLOGIES

Noted: 1 that the Chair welcomed everyone to the meeting. 2 that Kate Hunter was warmly congratulated on her promotion to Professor. 3 that apologies had been received from Dame Therese, Mr Lawrence and Ms Houpapa.

Resolved: that the apologies from Dame Therese, Ms Houpapa and Mr Lawrence be sustained. Hunter/Sos Carried

1

28 Audit and Risk Committee Minutes – 18 November 2019 Chair‐reviewed 19.45 DISCLOSURES OF INTERESTS

Received: the Council disclosures of interest register.

Noted: that there were no further disclosures of interests by way of a general notice under the Education Act 1989 Section 175 and the Local Authorities (Members Interests) Act 1968.

19.46 MINUTES OF THE MEETING AND MATTERS ARISING FROM THE MEETING HELD ON 26 AUGUST 2019

Noted: that there were no matters arising from the public session of the meeting held on 26 August 2019.

Confirmed: the Minutes of the meeting held on 26 August 2019 (Minutes 19.32‐19.35). Guilford/Hunter Carried

19.47 RESOLUTION CONCERNING THE EXCLUSION OF THE PUBLIC

To resolve: 1 that the public be excluded from the following parts of the proceedings of this meeting, namely agenda items 5 to 18.

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 Reason for passing this Ground(s) of each matter to resolution in relation to under section be considered each matter 48(1) for the The public conduct of each passing of this item below would be likely resolution to result in the disclosure of information for which good reason for withholding would exist under the sections of the OIA identified below.

Minutes of s 9(2)(b)(ii) LGOIMA

previous meeting s48(1)(a)(ii)

held on 26

August 2019

Risk Workshop ‐ s9(2)(b)(ii), and s 9(2)(i) LGOIMA,

Counselling s48(1)(a)(ii)

2019/20 Insurance s9(2)(b)(ii) and s9(2)(i) Mandate ITS Security and s9(2)(b)(ii), s9(2)(i) and LGOIMA, Cyber report s9(2)(k) s48(1)(a)(ii) 2

29 Audit and Risk Committee Minutes – 18 November 2019 Chair‐reviewed

Risk & s9(2)(b)(ii) and s9(2)(i) LGOIMA Assurance report s48(1)(a)(ii) Internal Audit s9(2)(b)(ii) and s9(2)(i) LGOIMA report s48(1)(a)(ii) Internal Audit s9(2)(b)(ii) and s9(2)(i) plan Holiday accrual s9(2)(b)(ii) and s9(2)(i) LGOIMA update s48(1)(a)(ii)

Student Services s9(2)(b)(ii) and s9(2)(i) LGOIMA

Transformation s48(1)(a)(ii)

Programme IQA

Annual Report s9(2)(b)(ii) and s9(2)(i) LGOIMA

and external s48(1)(a)(ii)

audit update

VicLink EY s9(2)(b)(ii) and s9(2)(i) LGOIMA report to FC s48(1)(a)(ii) External Audit s9(2)(b)(ii) and s9(2)(i) LGOIMA fee s48(1)(a)(ii)

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

2 that such members of the senior leadership as the Committee Chair and the Vice‐Chancellor request be permitted to remain at this meeting, after the public has been excluded because of their knowledge of the relevant matters identified above which will be of assistance in relation to those matters.

Sos/Paviour‐Smith Carried

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30 Finance Committee Minutes – 18 November 2019 Chair‐reviewed

FINANCE COMMITTEE (A committee of Council) ______Minutes of the Finance Committee meeting held on Monday, 18 November 2019 in the Victoria Room, Level 2, Hunter Building, Kelburn Campus commencing at 1.00 pm ______

MINUTES

PRESENT: Mr Alan Judge, Chair Professor Grant Guilford, Vice‐Chancellor Associate Professor Carwyn Jones, Council Member Mr Neil Paviour‐Smith, Chancellor

APOLOGIES: Ms Isabella Lenihan‐Ikin, Council Member Dame Therese Walsh, Pro‐Chancellor

IN ATTENDANCE: Mr Andrew Jackson, Director, Strategic Projects Mr Clinton Jenkins, Associate Director, Planning & Performance Management Mr Mark Loveard, Chief Operating Officer Mr Les Montgomery, Chief Financial Officer Ms Marianna Nicolaou, Associate Director, Financial Operations Mr David Stevenson, Director, Property Services Ms Caroline Ward, Secretary to Council

19.66 WELCOME AND APOLOGIES

Noted: 1 that the Chair welcomed all present and acknowledged Ms Nicolaou, Associate Director, Financial Operations who would be presenting later in the meeting. 2 that Carwyn Jones was congratulated on his promotion to Associate Professor. 3 that apologies had been received from Dame Therese Walsh and Ms Isabella Lenihan‐Ikin.

Resolved: that the apologies from Dame Therese and Ms Lenihan‐Ikin be sustained. Judge/Jones Carried 19.67 DISCLOSURES OF INTERESTS

Noted: that there were no disclosures of interest by members of Council, by way of a general notice under the Education Act 1989 Section 175 and the Local Authorities (Members Interests) Act 1968.

31 Finance Committee Minutes – 18 November 2019 Chair‐reviewed

19.68 MINUTES OF THE FINANCE COMMITTEE MEETING HELD ON 7 OCTOBER 2019

Confirmed: the public Minutes of the Finance Committee meeting held on 7 October 2019 (Minutes 19.51‐19.54). Judge/Guilford Carried

19.69 RESOLUTION CONCERNING EXCLUSION OF THE PUBLIC

To resolve: 1 that the public be excluded from the following parts of the proceedings of this meeting, namely agenda items 5 to 11.

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 Reason for passing this Ground(s) each matter to be resolution in relation to each under section considered matter 48(1) for the passing of this resolution

The public conduct of each item below would be likely to result in the disclosure of information for which good reason for withholding would exist under the sections of the OIA identified below.

Minutes of the s 9(2)(b)(ii) LGOIMA previous meeting s48(1)(a)(ii) held 7.10.19 and matters arising

Chief Financial s 9(2)(i) and 9(2)(i) LGOIMA,

Officer’s Report s48(1)(a)(ii)

Insurance report s9(2)(b)(ii) and s9(2)(i) LGOIMA, s48(1)(a)(ii)

Treasury report s9(2)(b)(ii) and s9(2)(i) LGOIMA s48(1)(a)(ii)

New s9(2)(b)(ii) and s9(2)(i) LGOIMA accommodation s48(1)(a)(ii) status update

Annual s9(2)(b)(ii) and s9(2)(i) LGOIMA management plan s48(1)(a)(ii) and 2020 budget

2

32 Finance Committee Minutes – 18 November 2019 Chair‐reviewed Longer Term s9(2)(b)(ii) and s9(2)(i) LGOIMA capital plan and s48(1)(a)(ii) key financial KPIs

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

2 that such members of the senior leadership as the Committee Chair and the Vice‐Chancellor request be permitted to remain at this meeting, after the public has been excluded because of their knowledge of the relevant matters identified above which will be of assistance in relation to those matters.

Judge/Paviour‐Smith Carried

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33 Agenda Item 7

Financial report to 31 October 2019

To receive: the Financial report to 31 October 2019 (document VUWC 19/131).

To resolve: that the Financial report to 31 October 2019 be noted.

34 VUWC 19/131

OCTOBER 2019 SUMMARY MONTHLY FINANCIAL REPORT

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35 VUWC 19/131

CONSOLIDATED STATEMENT OF FINANCIAL PERFORMANCE

October 2019 STATEMENT OF FINANCIAL YTD PERFORMANCE Act Bud Var $m Government Grants incl PBRF 158.1 161.1 (3.0) Tuition Fees 115.5 117.4 (1.9) Research, Commercial & Other 134.0 128.7 5.3 REVENUE 407.6 407.2 0.4 People 217.0 208.7 (8.2) Occupancy 29.8 31.3 1.6 Operating 106.5 110.4 3.9 EXPENDITURE 353.2 350.5 (2.7)

EBITDA 54.4 56.7 (2.3) Depreciation & Amortisation 42.9 43.8 0.9 Net Interest Expense 2.4 2.8 0.4 UNIVERSITY GROUP SURPLUS1 9.1 10.2 (1.1)

% 2.2% 2.5%

CONSOLIDATED GROUP SURPLUS 18.8 11.7 7.1

% 4.5% 2.9%

Presentation of figures rounded to nearest $100k can lead to minor rounding errors in tables

∑ Government Grants including PBRF revenue are unfavourable to budget by $3.0m mainly due to lower EFTS and lower PBRF revenue. ∑ Tuition Fees are unfavourable to budget by $1.9m YTD due to lower EFTS than budget but similar to last year. ∑ Research, Commercial & Other revenue is $5.3m favourable to budget YTD. This is primarily due to an increase in Research activity and timing related variances. ∑ Total expenditure is $2.9m unfavourable to budget YTD due to higher People costs offset by lower Operating costs and lower Occupancy costs. Staff costs are impacted by a number of drivers, including research staff appointed to serve higher than budgeted research revenue and VELP. ∑ Depreciation & Amortisation costs are $0.9m favourable to budget YTD due to the timing of commissioning of assets. ∑ The YTD Consolidated Group surplus of $18.8m is favourable to budget by $7.1m. The Consolidated Group includes the Foundation, which has had a strong YTD performance.

1 University Group excludes VUW Foundation. 2

36 VUWC 19/131

CONSOLIDATED BALANCE SHEET

As At: STATEMENT OF FINANCIAL POSITION October-19 December-18 Actual Actual $m Cash & Cash Equivalents 85.1 79.0 Investments 43.3 35.3 Accounts Receivable & Accruals 18.5 16.5 Pre-Paid Expenses 3.8 13.4 Other Current Assets 5.0 4.2 TOTAL CURRENT ASSETS 155.6 148.4 Property, Plant and Equipment 906.8 893.3 Intangibles 11.3 12.9 Investments in Related Parties 6.7 6.3 TOTAL NON-CURRENT ASSETS 924.9 912.4

TOTAL ASSETS 1,080.6 1,060.8 Accounts Payable & Accruals 62.1 61.1 Revenue in Advance 72.3 52.3 Bank Borrowings Current 2.0 2.0 Employee Entitlements 19.4 18.8 Current Liabilities - Other 4.5 3.7 TOTAL CURRENT LIABILITIES 160.3 137.9 Employee Entitlements 21.4 19.8 Bank Debt 72.0 95.0 Non-Current Liabilities - Other 0.2 0.3 TOTAL NON-CURRENT LIABILITIES 93.7 115.1

TOTAL LIABILITIES 254.0 253.0

NET ASSETS 826.6 807.9 Accumulated Surplus 447.8 429.1 Share Capital - 0.0 Other Reserves 378.8 378.8 TOTAL COMMUNITY EQUITY 826.6 807.9

TOTAL LIABILITIES EQUITY AND RESERVES 1,080.6 1,060.9

Presentation of figures rounded to nearest $100k can lead to minor rounding errors in tables

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37 Agenda Item 8

Sexual Harassment Response Policy and accompanying Procedures

To receive: a Council Paper from the Provost and the Director, Human Resources dated 26 November 2019 on the Sexual Harassment Response Policy and accompanying Procedures (document VUWC 19/132).

To resolve: that the Sexual Harassment Response Policy and accompanying Procedures be noted.

38 VUWC 19/132

COUNCIL PAPER

TO Members of Council

Professor Wendy Larner, Provost FROM Annemarie de Castro, Director, Human Resources Simon Johnson, General Counsel AUTHOR

DATE 26 November 2019

SUBJECT Sexual Harassment Response Policy

REF TO STRAT PLAN PS3

DOCUMENT # VUWC 19/

Purpose

The purpose of this paper is to report to Council on the consultation process on the proposed Sexual Harassment Response Policy (the “Policy”) and to invite Council to note the Policy and associated Procedures (responsibility for approval lies with the Vice- Chancellor).

The Consultation Process

University wide consultation began on the Policy and Procedures on 18 March 2019 and closed on 31 May 2019. Staff and student forums were held at each campus and separate huis were held with our Rainbow community, our community of persons with disabilities and our Māori and Pasifika student communities. The University received approximately 70 written submissions on the initial draft of the Policy and Procedures and many submissions were authored on behalf of large groups of stakeholders.

Review of Feedback Received

The feedback was reviewed by representatives drawn from Legal Services, Human Resources and Student Academic Services. Key themes from the feedback were identified and recommendations for changes that should be made to the draft Policy and Procedures were put forward for consideration to a Working Group comprising the

1

39 VUWC 19/132

General Counsel, Manager, Employment Law and Employment Relations, Director, Student Academic Services and Director, Student and Campus Living.

Key Changes following Feedback

∑ Title of the Policy: The term “prevention” has been replaced with “response”.

∑ Definition of Sexual Harassment: The definition of sexual harassment has been broadened to refer to the harmful impact on an individual’s wellbeing rather than simply focusing on the impact on the individual’s employment or study environment.

However, the definition has not been further amended as it is drawn from the State Services Commission Model Policy and reflects New Zealand’s current legislative framework.

∑ Confidentiality: The provisions regarding the confidentiality of the disclosure process and the complaints process have been amended to ensure the clauses could not be construed as preventing survivors of sexual harassment from seeking support during either process.

∑ HR Contact Point: The designated HR contact point has been changed from the Deputy Director, Human Resources to Authorised Staff Disclosure Officers (which include the Deputy Director, Human Resources, Faculty Human Resources Managers and the Director Safety, Risk and Assurance).

∑ Simplification of the Policy: The Policy and Procedures have been further streamlined from the first initial drafts in order to reduce the length of the documents. This has included removing the interim measures process from the documents to cross-refer to the relevant provisions in the Staff Conduct Policy and the Student Conduct Statute.

General Feedback

∑ Staff/student relationships: A significant number of submitters proposed that the Policy should ban student/staff relationships (instead of ‘strongly discourage’).

Next steps: This issue will be considered in the University’s review of the Staff Conduct Policy rather than for this Policy.

∑ Need for accessible documentation relating to the Policy: A key piece of feedback which emerged from the submissions was the need for easily accessible documentation setting out the key elements of the Policy.

∑ Next steps: Work will be undertaken by the Student Academic Services team and the Human Resources team to create user friendly documentation and web

40 VUWC 19/132

content for staff and students in time for the launch of the Policy (see below). This documentation will be easy to access; it will set out the key features of the Policy and procedures and detail a simple step by step process to follow.

∑ Need for further education and training: A number of submitters noted that it was fundamental that members of the University community receive training and education in this area.

Next steps: Appropriate training and support will be provided. The University will also ensure that its staff and students are aware of the resources currently available to them, including the new independent Employee Advisory & Resolution Service (EARS) – Te Rauawa for staff and the Student Interest and Resolution team supporting students. Communications will be enhanced to staff and students around the existence of support currently available to members of the University community.

∑ Need for review and monitoring of the Policy: It was noted that the University should ensure that the efficacy of the Policy was evaluated and reviewed.

Next steps: The University will commit to reviewing the Policy and Procedures a year after implementation to ascertain if further changes are required.

Launch of the new Policy The policy and procedures will be launched in time for Trimester 1, 2020. An education, training and communication plan is being prepared to support the launch.

Recommendation: That the Council note the Policy and accompanying Procedures.

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41 Sexual Harassment Response Policy

1. Purpose The University does not tolerate any form of sexual harassment. The purpose of this Policy is to help give effect to the University’s core ethical values and promote an environment in which sexual harassment is unacceptable and where individuals have the confidence to complain about such behaviour should it arise, in the knowledge that their concerns will be dealt with appropriately and fairly. The University is committed to preventing this behaviour from occurring and to protecting the rights of all Members of the University Community to work, learn, study and participate in all aspects of the University’s life in an environment of safety and respect.

2. Organisational Scope This Policy applies to Members of the University Community and is supported by the Sexual Harassment Response Procedures and the online Guidance located at [website details to be confirmed]

3. Operation of Policy This Policy: (a) prohibits sexual harassment by Members of the University Community; (b) applies to conduct connected with a Student or Staff’s Member’s status as a Member of the University Community; (c) protects the safety and welfare of Students and Staff Members disclosing or complaining about sexual harassment; (d) sets out the meaning of sexual harassment; (e) explains the difference between Disclosures and Complaints; (f) explains the difference between Complaints to the University and reports to the Police; (g) encourages safe active bystander intervention; (h) sets out the principles applicable to Disclosures and Complaints; and (i) supports the University’s values of inclusion and diversity, and respect and integrity

Part 2: Policy Content

4. The Policy 1) All Members of the University Community must not sexually harass other Members of the University Community.

5. Emergency and ongoing support and assistance 1) If Students or Staff Members are concerned for their immediate safety or the immediate safety of someone else they should contact the Police on 111.

2) Campus Security also maintain a 24 hour presence on campus to ensure safety and security. To report an emergency, Campus Security can be contacted on 0800 842 8888 from an external phone or 888 from an internal phone.

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42 [Last Modified Date]

3) The University is committed to supporting Students and Staff Members through the Complaints and Disclosures process and contact details for ongoing support and assistance for Students and Staff Members are set out at in the Appendices to the Sexual Harassment Response Procedures.

4) Students and Staff Members who have experienced sexual harassment may seek assistance and support from a Member of the University’s Community that they trust.

6. Meaning of sexual harassment 1) Sexual harassment is unwelcome or offensive sexual behaviour that is repeated or is significant enough to have a harmful effect on an individual's wellbeing. Unwelcome means behaviours that are not solicited or invited and are regarded by a person as undesirable or offensive at the time.

Examples of sexual harassment: 2) Below are some examples of behaviours that can constitute sexual harassment if they meet the definition in clause 6(1) above:

∑ inappropriate touching, hugging, encroaching on someone's personal space or kissing

∑ inappropriate staring or leering

∑ insults or taunts of a sexual nature

∑ unwanted invitations to go out on dates, particularly if those are repeated after a previous invitation has been declined

∑ requests for sexual favours, or pressure for sex or other sexual acts

∑ repeated or inappropriate advances of a sexual nature on email or social networking websites

∑ direct or indirect requests for sexual activity that contain an implied or express promise of preferential treatment or threat of detrimental treatment

∑ intrusive questions or comments about a person's private life, clothing or physical appearance

∑ sexually explicit pictures, posters, gifts, emails or text messages

∑ sexual gestures, indecent exposure, or inappropriate display of the body

∑ sexually suggestive comments or jokes, or other forms of inappropriate language

∑ stalking or sexual assault.

Note: In considering whether a particular behaviour or action may amount to sexual harassment, context is important and relevant. For instance, one factor that may be taken into account is any actual or perceived power imbalance between the parties.

7. Difference between Disclosures and Complaints 1) Students and Staff Members who have experienced sexual harassment have a right to decide whether they want to make a Disclosure and/or a Complaint or not. 2) Students and Staff Members can make a Disclosure (rather than a Complaint) if they do not want the University to investigate or to take any specific action in response to the incident, but simply wish for it to be recorded by the University as the individual’s account of what they consider has occurred. There will be limitations in respect of the action that the University is able to take in respect of Disclosures.

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3) Students and Staff Members who choose to make a Disclosure may later decide to make a Complaint about the same incident. The University will provide guidance about how to make a Complaint. 4) Students and Staff Members who have experienced sexual harassment can make a Complaint (rather than a Disclosure) if they want the University to investigate or to take specific action.

8. Disclosures of sexual harassment Making a Disclosure 1) A Student or Staff member who has experienced sexual harassment can make a Disclosure to the University through any of the contact methods set out in clause 4 of the Sexual Harassment Response Procedures. Anonymous Disclosures 2) Students and Staff Members can make a Disclosure anonymously through the specified contact methods set out in clause 4 of the Sexual Harassment Response Procedures. Confidentiality of Disclosures 3) The University will treat all Disclosures confidentially, and: (a) will not investigate and consider taking formal action in relation to a Disclosure unless: (i) there appears to be a serious and imminent threat to the complainant’s life or health, or to that of another individual; or (ii) one or more other Students or Staff Members name the same person in a separate incident Disclosure and the University is concerned that there may be a serious and imminent threat to the life or health of other persons; and (b) will inform the complainant before commencing an investigation and considering formal action in relation to a Disclosure, if the Disclosure has not been made on an anonymous basis. 4) After consultation with the complainant, the person complained about may be advised, informally, that a Disclosure has been made about them in order to effect behavioural change. If there is a reasonable risk that the complainant could be identified, this action will not be taken without the permission of the complainant. 5) The University will otherwise use information contained in Disclosures on a deidentified basis to identify trends and to develop targeted responses to incidents of reported sexual harassment in the University Community.

9. Complaints of sexual harassment Making a complaint 1) A Student or Staff Member who has experienced sexual harassment can make a Complaint through using any of the contact methods set out in clause 5 of the Sexual Harassment Response Procedures. 2) Any person who makes a Complaint on behalf of a Student or Staff Member must first obtain the explicit permission and consent of the Student or Staff Member concerned to do so and must make it clear when lodging the Complaint on whose behalf the Complaint is being made. 3) Where a person has made a Complaint with the permission and consent of the Student or Staff Member concerned, the complainant will be contacted and may be required to engage in the investigation and Complaint process.

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Complaints process 4) In most circumstances, a Student or Staff Member wishing to make a Complaint will need to provide their name. The University will not act on anonymous Complaints unless: (a) it is not necessary for the person complained about to be aware of the identity of the complainant in order to fully understand the allegations in the Complaint and to properly respond to the complaint; or (b) there is independent evidence supporting the Complaint and the allegation can be tested fairly. 5) The University is unable to act on Complaints from complainants who decline to provide information about the person complained about. In such cases, the Complaint will be treated as a Disclosure. 6) The University will handle Complaints in accordance with the Sexual Harassment Response Procedures and the Student Conduct Statute or the Staff Conduct Policy. 7) If a Student or Staff Member makes a Complaint about a visitor or other person over whom the University has no jurisdiction, the University may seek assistance from another organisation or refer the Complaint to an external agency for resolution. The University may also take steps to ensure the safety of the University community (such as issuing a trespass notice) where satisfied that it is appropriate to do so.

10. Confidentiality 1) Except as provided in clause 8(3), or as required by law, the University will keep confidential all identifying information relating to a Disclosure or Complaint unless the complainant consents to disclosure of part or all of the information for a specified purpose. 2) Disclosure of certain information relating to a Complaint may be required in order for the University to properly investigate the complaint. Accordingly, if consent is withheld to Disclosure of certain information as part of the investigation process, the University may not be able to fairly investigate the Complaint and take action against the person who has been complained about. 3) The complainant and the person complained about must keep the Disclosure or Complaints process confidential. 4) Complainants and the person complained about may disclose information regarding the Complaints or Disclosure process in order to obtain support or advice from their support people and relevant agencies.

11. Reports to the Police 1) The University supports the right of Students and Staff Members who have experienced sexual harassment to decide whether they want to report the incident to the Police, or not.

Note: Students and Staff Members may also elect to contact the New Zealand Human Rights Commission to make a Complaint under the Human Rights Act 1993. Staff Members may also take action under their employment agreement or the Employment Relations Act 2000. 2) A Student or Staff Member may decide to make a Disclosure or Complaint to the University, but not report the incident to the Police. Alternatively, a Student or Staff Member may decide to report sexual harassment to the Police, but not to make a Disclosure or Complaint to the University. 3) A Student or Staff Member’s decision to make a report to the Police will not necessarily preclude the University from investigating or taking action in response to sexual harassment. However,

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any internal University process may have to be suspended pending completion of the criminal process. 4) When deciding whether to suspend an internal University process pending completion of a criminal process, the University will consult the Police and the complainant and will consider: (a) the potential for the internal process to impede or contaminate the criminal process; (b) the potential for the criminal process to impede or contaminate the internal process; and (c) whether investigating or responding to the incident has the potential to impact adversely on the rights of either or both the complainant or the person complained about.

12. Active bystander intervention 1) The University encourages and values safe active bystander intervention by Members of the University Community to prevent or stop sexual harassment from occurring or continuing. 2) The steps involved in safe active bystander intervention are: (a) noticing the situation – paying attention to what is going on nearby; (b) deciding if it is a problem – considering whether someone might need help, and checking with people around if unsure; (c) accepting responsibility to take action – not assuming someone else will do something; (d) making a plan to step in – indirectly or directly confronting the issue, without being aggressive or putting oneself or others in danger.

13. No victimisation 1) A person must not victimise or otherwise subject another person to detrimental action as a consequence of that person: (a) having been involved with a Disclosure or a Complaint; (b) providing information about a Disclosure or a Complaint; (c) supporting a Student or Staff Member who has made a Disclosure or Complaint; or (d) engaging in safe active bystander intervention.

14. Opportunity to be heard 1) Complaints will be resolved: (a) in accordance with the Student Conduct Statute or the Staff Conduct Policy; and (b) sensitively, fairly, confidentially and with a minimum of disruption, while following the principles of procedural fairness and natural justice. 2) Complainants will have a reasonable opportunity to state a Complaint orally and in writing and the person complained about will have a reasonable opportunity to respond to a Complaint orally or in writing. Both complainants and the person complained about will have a reasonable opportunity to provide any documents relevant to the complaint. 3) Complainants and the person complained about may be accompanied to any meeting by a support person, if they wish.

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4) At no time will the complainant and the person complained about be required to meet with or to participate in any activity with one other, unless they have both given their prior informed consent.

15. Interim measures 1) Interim measures may be put in place following a Complaint in accordance with the procedures set out in the Student Conduct Statute and Staff Conduct Policy.

16. Vexatious Disclosures and Complaints 1) A Student or Staff Member must not make a vexatious or malicious Disclosure or Complaint. 2) For the purposes of this Policy, a Disclosure or Complaint will be considered vexatious or malicious if the Student or Staff Member makes it: (a) knowing it to be false; and (b) for the primary purpose of damaging the person against whom the Complaint is made or the University.

17. Breach of this Policy 1) The University may take disciplinary action in accordance with the Student Conduct Statute or the Staff Conduct Policy against any Student or Staff Member who is involved in a breach of this Policy.

18. Recordkeeping and reporting 1) The University will: (a) keep appropriate records of all Disclosures and Complaints in a secure location; (b) keep appropriate records of its communications with University owned or affiliated student accommodation about Disclosures and Complaints occurring at, or in connection with, them; and (c) subject to the confidentiality requirements specified in clause 10 above allow reasonable access by Students and Staff Members to information about themselves. 2) Disclosures made by Students will be held by the Student Interest and Conflict Resolution team and Disclosures made by Staff Members will be held by Human Resources. 3) The University will collect, store and use de-identified information about Student and Staff Member Disclosures and Complaints to identify trends and to develop targeted responses to sexual harassment in the University Community. 4) Access to information relating to a Disclosure or Complaint will be restricted to University staff who have a need to access and use the information in order to give effect to this Policy or the Sexual Harassment Response Procedures.

19. Definitions For the purposes of this Policy, the following definitions will apply:

Complaint A complaint of sexual harassment

Disclosure A disclosure of sexual harassment

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Members of the University Community

All Staff Members and Students of the University, staff members of Victoria Link Limited, independent contractors to the University, adjunct and visiting staff, visiting scholars and interns, emeritus professors and any other persons providing services to the University

Sexual Harassment As defined in clause 6(1)

Staff Member An employee of the University

Student Any person enrolled in a personal course of study at the University, or a person who is studying at the University under an exchange agreement with another institution, and includes a resident in a Hall of Residence

University Victoria University of Wellington

Visitor A person other than a Staff Member or Student

Related Documents and Information

20. Related Documents

Conflict of Interests Statute

Sexual Harassment Response Policy

Staff Conduct Policy

Staff Guidelines for Resolving Alleged Misconduct

Student Conduct Statute

Education Act 1989

Employment Relations Act 2000

Human Rights Act 1993

Privacy Act 1993

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21. Document Management and Control Approval Agency Vice-Chancellor Approval Date [date] Last Modified [date] Review Date [date] Sponsors Provost and Director, Human Resources Contact Persons Manager, Student Interest and Conflict Resolution Extension 5023

Deputy Director, Human Resources Extension 5198

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1. Purpose and Organisational Scope 1) These Procedures: (a) give effect to the Sexual Harassment Response Policy; and (b) apply to all Disclosures or Complaints made under the Policy.

2. Responding to emergencies 1) If Students or Staff Members are concerned for their immediate safety or the immediate safety of someone else they should contact the Police on 111.

2) Campus Security also maintain a 24 hour presence on campus to ensure safety and security. To report an emergency, Campus Security can be contacted on 0800 842 8888 from an external phone or 888 from an internal phone.

3. Difference between Disclosures and Complaints 1) The difference between Disclosures and Complaints is set out at clause 7 of the Sexual Harassment Response Policy.

4. Making a Disclosure of sexual harassment Disclosures by Students 1) A Student can make a Disclosure to the Student Interest and Conflict Resolution team by emailing [email protected] or calling 04 463 5023 or online at [website details to be confirmed]. 2) Any Member of the University Community (including Staff Members, the VUWSA Student Advocate, Heads of Hall and the Student Support Coordinators in the Halls) may assist a student to make a Disclosure . 3) Students may make Disclosures anonymously by: asking a Member of the University Community to make a Disclosure on their behalf; calling from a private number; or making a Disclosure through [website details to be confirmed]. Disclosures by Staff Members 4) A Staff Member can make a Disclosure to an Authorised Staff Disclosure Officer or online at [website details to be confirmed]. 5) Staff Members may make Disclosures anonymously by: calling an Authorised Staff Disclosure Officer from a private number; or by making a Disclosure through [website details to be confirmed].

Note: A Student or Staff Member who chooses to make a Disclosure may later decide to make a Complaint to the University about the same incident. See clause 7(3) of the Sexual Harassment Response Policy.

Note: The University will not investigate a Disclosure except in certain limited circumstances. See clause 8(3) of the Sexual Harassment Response Policy. 6) If the University needs to investigate a Disclosure, a member of the Student Interest and Conflict Resolution Team or an Authorised Staff Disclosure Officer may contact the person who made the Disclosure to ask whether they would be prepared to make a Complaint or to participate in an investigation process.

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5. Making a Complaint of sexual harassment Student Complaints 1) A Student can make a Complaint to the Student Interest and Conflict Resolution team by emailing [email protected] or calling 04 463 5023 or online at [website details to be confirmed]. 2) Any Member of the University Community (including Staff Members, the VUWSA Student Advocate, Heads of Hall and the Student Support Coordinators in the Halls) may assist a student to make a Complaint. Any person may make a Complaint on behalf of a Student, if the Student has given their explicit consent and permission to the Complaint being made on their behalf. 3) A Student who has made a Complaint is free to withdraw it at any time. However, if the University has already commenced misconduct proceedings, or taken interim measures, as a result of the Complaint, those proceedings may be completed. 4) The making, investigation or resolution of a Complaint under these procedures must be in accordance with the Sexual Harassment Response Policy and the Student Conduct Statute. Staff Member Complaints 5) A Staff Member who has experienced sexual harassment can make a Complaint to the University online anytime at [website details to be confirmed]. Staff Members can also contact an Authorised Staff Disclosure Officer. 6) Any person may make a Complaint on behalf of a Staff Member, if the Staff Member has given their explicit consent and permission to the Complaint being made on their behalf and must make it clear when lodging the Complaint on whose behalf the Complaint is being made. 7) A Staff Member who has made a Complaint is free to withdraw it at any time. However, if the University has already commenced disciplinary proceedings as a result of the Complaint, those proceedings may be completed. 8) The making, investigation or resolution of a Complaint under these Procedures must be in accordance with the Sexual Harassment Response Policy and the Staff Conduct Policy.

6. Supporting Members of the University Community Support for Students 1) Students who have experienced or have been accused of sexual harassment can seek support from the services set out in the attached Appendices.

2) Students will be supported during the Complaint process by a member of the Student Interest and Conflict Resolution team. Students can also be supported during the process by the VUWSA student advocate or any other support person. Support for Staff Members 3) Staff Members who have experienced or have been accused of sexual harassment can seek support from the services set out in the attached Appendices.

How to support Students and Staff Members who have experienced sexual harassment 4) Members of the University Community can seek advice and assistance with supporting a Student or Staff Member who have experienced sexual harassment by contacting the Student Interest and Conflict Resolution team or an Authorised Staff Disclosure Officer.

5) Members of the University Community should: (a) refer Members of the University Community who have experienced sexual harassment to the available support services, and

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(b) advise Students and Staff Members of their right to make a Disclosure or Complaint. 6) Members of the University Community can support a Student or a Staff Member who has experienced sexual harassment by: (a) listening without interrupting; (b) letting them express how they feel and respecting the words they use in reference to the incident; (c) acknowledging the Student’s or Staff Member’s distress and that it may be difficult for them to discuss it; (d) letting the Student or Staff Member know that the incident they are reporting was not their fault; (e) respecting their decisions; (f) letting them know that the University takes sexual harassment seriously; (g) directing them to the available support services and reporting options.

Note: When an individual has experienced sexual harassment, they may express a range of emotional and physical symptoms. The HELP Wellington website provides information in this regard: https://www.wellingtonhelp.org.nz/friends-family-of-survivors.html

7. Student Complaints 1) The Student Interest and Conflict Resolution Team receives all Complaints made by Students in the first instance, whether that Complaint relates to a report of conduct by a Student, Staff Member or other Member of the University Community. (i) Student Complaints about Student conduct Informal process 2) If the Student indicates that they would like their Complaint dealt with on an informal basis, the Student Interest and Conflict Resolution Team will be able to assist in discussing different options for informal resolution of the Complaint and providing support during the informal resolution process. Options for informal resolution of a Complaint can include: (a) Students addressing an issue themselves (with or without support of the Student Interest and Conflict Resolution team). (b) The Student Interest and Conflict Resolution team speaking to the Student complained about on an informal basis. (c) Mediated discussion between the complainant and the Student complained about. Formal process 3) Where a Student’s Complaint refers to the conduct of another Student, and the complainant wishes to make a formal Complaint the procedures set out in the Student Conduct Statute will apply. 4) If a Complaint about a Student is referred to a decision-maker under the Student Conduct Statute, the Student Interest and Conflict Resolution Team will update the complainant regularly on the progress of the misconduct procedures under the Student Conduct Statute. (ii) Student Complaints about Staff Member conduct

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5) Where a Student’s Complaint refers to the conduct of a Staff Member, the Student Interest and Conflict Resolution Team will refer the Complaint to the Deputy Director, Human Resources or a Faculty Human Resources Manager in the first instance. 6) Following the referral of a Complaint, the Deputy Director, Human Resources or the Faculty Human Resources Manager will take the steps set out in the Guidelines for Resolving Alleged Misconduct in relation to the Complaint. 7) The Deputy Director, Human Resources or a Faculty Human Resources Manager will update the Student Interest and Conflict Resolution Team regularly on the process that is being taken and with any information to report. The Student Interest and Conflict Resolution Team will provide these updates to the complainant.

Note: where the Complaint refers to the conduct of a Student in their role as a tutor, the Complaint may be dealt with under the Student Conduct Statute if the Student’s employment relationship with the University as a tutor has ceased, and if the conduct has a sufficient connection with the individual’s activities as a Student of the University.

8. Staff Member Complaints 1) All Complaints by Staff Members should be sent to the Deputy Director, Human Resources or a Faculty Human Resources Manager in the first instance whether that Complaint relates to a report of conduct by a Student, Staff Member or other Member of the University Community. 2) In the event that the Complaint is not made directly to the Deputy Director, Human Resources or a Faculty Human Resources Manager, it should be promptly referred to either the Deputy Director, Human Resources or a Faculty Human Resources Manager by the Staff Member who initially received the Complaint. (i) Staff Member Complaints about Student conduct 3) Where a Staff Member’s Complaint refers to the conduct of a Student, the Deputy Director, Human Resources or the Faculty Human Resources Manager will refer the Complaint to the Student Interest and Conflict Resolution Team. 4) The Student Interest and Conflict Resolution Team will update the Deputy Director, Human Resources or the Faculty Human Resources Manager on the progress of the complaints process as there is information to report. These updates will then be provided to the complainant. (ii) Staff Member Complaints about Staff Member conduct Informal Processes 1) If the Staff Member indicates that they would like to deal with their Complaint on an informal basis, the Deputy Director, Human Resources or the Faculty Human Resources Manager will refer the Complaint to the appropriate Manager, in accordance with the Guidelines for Resolving Alleged Misconduct. 2) Method of seeking informal resolution include, but are not limited to: (a) Direct discussions between the parties. (b) Where the misconduct involves a Complaint: i. the complainant discussing the issue with a third party but not proceeding further; ii. a third party representing the complainant’s concerns on her or his behalf; iii. the complainant writing a letter to the other party. (c) Discussions between the parties and mediated by a third party. Where a third party is involved the role of the third party will be to:

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i. assist the parties to a dispute or disagreement to find constructive solutions using a co-operative problem solving process; ii. be even-handed to all parties and allow each party equal opportunity to participate; iii. promote respectful dialogue between the parties; iv. respect the confidentiality and privacy of all parties and deal with any issues sensitively to maintain the dignity and respect of the individuals involved, and to encourage them to accord each other the same respect; and v. allow the parties to make their own decisions, including who will be informed of the outcome. (d) One or both of the parties (and depending on whether it is appropriate given the nature of the misconduct) choosing to change their own circumstances to avoid any repetition of the misconduct.

Note: An informal process will not normally be appropriate where the alleged misconduct may warrant some form of disciplinary penalty. Formal Complaint Process 3) If the Staff Member indicates that they would like their Complaint dealt with on a formal basis, the Deputy Director, Human Resources or the Faculty Human Resources Manager will follow the process for investigating alleged misconduct set out in the Guidelines for Resolving Alleged Misconduct 4) Prior to making a formal Complaint, the Staff Member may wish to seek advice. Persons who can be approached for this advice include, but are not limited to: (a) Human Resources (b) The complainant’s Manager (c) The Manager of the person complained about (d) A Senior Manager (e) The complainant’s Union Representative, lawyer or other representative.

9. Information about the outcome of a Complaint 1) The outcome of a Complaint will be determined by the findings of any investigation, the seriousness of the Complaint and, to the extent that is possible, the wishes of the complainant.

Note: If the complainant does not provide sufficient detail or evidence of a Complaint, a finding of misconduct may not be able to be made and the University will be unable to take disciplinary action against the person complained about. Student Complaints 2) For Complaints that result in misconduct proceedings, and a subsequent finding of misconduct, the Student Conduct Statute sets out the process for establishing penalties for, and appeal rights from, findings of misconduct against a student. 3) The Student Interest and Conflict Resolution Team will inform student complainants of the outcome of misconduct proceedings against Students or Staff Members on a confidential basis. 4) Where possible, this information will be delivered in person, to allow the complainant to ask questions and seek clarification about the effect of the outcome. Staff Member Complaints

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5) For Complaints that result in disciplinary proceedings, and a subsequent finding of misconduct or serious misconduct, the Staff Conduct Policy and Guidelines sets out the process for establishing penalties for findings of misconduct against a Staff Member.

6) The Deputy Director, Human Resources or the Faculty Human Resources Manager will inform staff complainants of the outcome of disciplinary proceedings against Students, Staff Members or affiliates on a confidential basis.

7) Where possible, this information will be delivered in person, to allow the complainant to ask questions and seek clarification about the effect of the outcome.

10. Interim Measures 1) Interim measures may be taken following the receipt of a Complaint in accordance with the Staff Conduct Policy or Student Conduct Statute.

11. Definitions For the purposes of this Policy, the following definitions will apply: Authorised Staff Disclosure Officer The Deputy Director, Human Resources, a Faculty Human Resources Manager, or the Director, Risk and Assurance.

Related Documents and Information

12. Related Documents

Conflict of Interests Statute

Sexual Harassment Response Policy

Staff Conduct Policy

Staff Guidelines for Resolving Alleged Misconduct

Student Conduct Statute

Education Act 1989

Employment Relations Act 2000

Human Rights Act 1993

Privacy Act 1993

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Document Management and Control Approval Agency Vice-Chancellor Approval Date [date] Last Modified [date] Review Date [date] Sponsors Provost and Director, Human Resources Contact Person Manager, Student Interest and Conflict Resolution Extension 5023

Deputy Director, Human Resources Extension 5198

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Appendix 1: University support for Students and Staff Members who have experienced sexual harassment

Support services for Students

Student Interest and Conflict Resolution Email: [email protected] Telephone: 04 463 5023 (business hours only)

Student Health and Counselling (Mauri Ora) https://www.victoria.ac.nz/student-health Telephone: 04 463 5308

Mauri Ora provides non-urgent health care for Students who have experienced sexual harassment. Clinics are based on campus. If a Student would like to see a doctor at Mauri Ora who has specialist training in sexual assault, please ask to see the triage nurse and they will arrange a non-urgent appointment. Mauri Ora GPs and Nurses are also available for Monday to Friday 8.30am until 4.45pm. In the case of a non-acute (ie > 7 days ago) sexual assault, or to get advice, Mauri Ora has GPs trained in sexual assault care, and can ensure Students’ health and safety, and provide follow up care as needed.

ACC Find Support Programme ACC's Find Support programme helps Students access ACC-funded support following sexual abuse or assault, in your time, on your terms.: https://findsupport.co.nz/ The Student Interest and Conflict Resolution team has worked with ACC to provide a specialist sexual assault counsellor on campus. Alternatively, Students may make direct contact with ACC's Sensitive Claims Unit. Disability Services, Student Support Email: [email protected] Telephone: 04 463 6070

Disability services works in partnership with students to strengthen the University’s culture of inclusion and ensure students can fully participate and achieve their aspirations

Maori Student Support Email: [email protected] Website: www.victoria.ac.nz/awhina

The Awhina team are on campus holistic whanau support available to Maori students.

Pasifika Student Support Email: [email protected] Website: www.victoria.ac.nz/pasifika

The Pasifika Student Support team are on campus holistic support available to Pasifika students.

Postgraduate Students’ Association Email: [email protected] Telephone: 04 463 6973

The Postgraduate Students’ Association (PGSA) is the representative organisation for postgraduate students at Victoria University of Wellington responsible for advocacy, community building, and student representation

Rainbow Student Support Email: [email protected] Telephone: 04 463 6712

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Our Rainbow and Inclusion Advisor works with our community to ensure that the University is a safe and inclusive environment for Students of all sexualities, genders and sex characteristics.

Victoria International, Student Support Email: [email protected] Telephone: 04 463 5350

The International Student Support team can support international Students who have experienced sexual harassment through any meetings or conversations.

Support services for hall residents

Student Support Coordinators The Student Support Coordinators (SSCs) are registered health professionals who provide a confidential service for hall residents experiencing any health or wellbeing issues that may impact on their ability to manage the demands of their living and academic environments. The SSCs liaise with faculties, student support services, and community services to ensure that residents can access the support required.

Contact Details Weir House, Victoria House, 222 Willis and Uni Hall: [email protected] Boulcott Hall, Katherine Jermyn Hall and Everton Hall: [email protected] Capital Hall, Helen Lowry and Willis Street Halls including Cumberland House and Education House: [email protected] Stafford House, Te Puni Village and Joan Stevens Hall: [appointment pending – in the meantime residents at these halls can contact any of the student support coordinators listed above]. Residential Advisors Residential Advisors (RAs) support residents' transition into tertiary study, to develop and maintain the hall community and to provide leadership. RAs live on site and are assigned a group of residents. They will often be the first point of contact for residents needing assistance or support. Contact Details Boulcott Hall: 463 4743 / 021 285 4743 Capital Hall: 022 563 3720 Joan Stevens Hall: 463 6834 / 021 966 834 Katharine Jermyn Hall: 022 563 9080 University Hall:0800 UNIHALL 222 Willis: 022 563 3099 Weir House: 027 563 3700 Willis St. Halls: 027 563 4770 Everton Hall: 027 472 1026 Helen Lowry Hall: 027 240 2766 UniLodge: Stafford House: 027 469 4620 Te Puni Village: 027 563 9220 Victoria House: 027 440 9249

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Support services for Staff Members Staff Support Manager, Staff Wellness Email: [email protected] Phone: 04 4636845 Mobile: 027 563 6845 Employee Advisory and Resolution Service (“EARS - Te Rauawa”) EARS—Te Rauawa is a confidential, impartial and informal service that is independent of Human Resources at the University. This service provides staff with the opportunity to discuss their workplace concerns with an independent party and to obtain advice and support on a confidential and off-the- record basis. University staff can contact EARS Te Rauawa anonymously through the EARS Te Rauawa Staff Intranet page or by email to [email protected]. Counselling and support Benestar provides counselling and support to the University's staff. They are a national counselling service that provide Employee Assistance Programmes (EAP) to support staff.

Telephone: 0800 360 364

Website: https://www.benestar.com/

For further information see: https://intranet.victoria.ac.nz/staff/human-resources/health- wellbeing/emotional-and-social-wellbeing/counselling-and-support

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Appendix 2: University support for Students and Staff Members who have been accused of sexual harassment

Support services for Students

Student Interest and Conflict Resolution https://www.victoria.ac.nz/students/support/admin/conflict-resolution/student-interest-and- disputes-advisor Email: [email protected] Telephone: 04 463 5023 (business hours only)

Student Health and Counselling (Mauri Ora) https://www.victoria.ac.nz/student-health Telephone: 04 463 5308

Disability Services, Student Support Email: [email protected] Telephone: 04 463 6070

Maori Student Support Email: [email protected] Website: www.victoria.ac.nz/awhina

Pasifika Student Support Email: [email protected] Website:www.victoria.ac.nz/pasifika

Postgraduate Students’ Association Email: [email protected] Telephone: 04 463 6973

Rainbow Student support Email: [email protected] or [email protected] Telephone: 04 463 6712

Support services for hall residents Student Support Coordinators Weir House, Victoria House, 222 Willis and Uni Hall: [email protected] Boulcott Hall, Katherine Jermyn Hall and Everton Hall: [email protected] Capital Hall, Helen Lowry and Willis Street Halls including Cumberland House and Education House: [email protected] Stafford House, Te Puni Village and Joan Stevens Hall: [appointment pending – in the meantime residents at these halls can contact any of the student support coordinators listed above]. Victoria International, Student Support Email: [email protected] Telephone: 04 463 5350

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Support services for staff members

Staff Support

Manager, Staff Wellness

Email: [email protected] Phone: 04 4636845 Mobile: 027 563 6845

Employee Advisory and Resolution Service (“EARS - Te Rauawa”) EARS—Te Rauawa is a confidential, impartial and informal service that is independent of Human Resources at the University. This service provides staff with the opportunity to discuss their workplace concerns with an independent party and to obtain advice and support on a confidential and off-the- record basis. University staff can contact EARS Te Rauawa anonymously through the EARS Te Rauawa Staff Intranet page or by email to [email protected].

Counselling and support

Benestar provides counselling and support to the University's staff. They are a national counselling service that provide Employee Assistance Programmes (EAP) to support staff.

Telephone: 0800 360 364

Website: https://www.benestar.com/

For further information see: https://intranet.victoria.ac.nz/staff/human-resources/health- wellbeing/emotional-and-social-wellbeing/counselling-and-support

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61 What is EARS – EARS Te Rauawa alludes to the core Māori Te Rauawa for? principle of kaitiakitanga (protection) and EARS – Te Rauawa is a confidential, impartial the spirit of Te Rauawa can be expressed in and informal service that is independent of the whakataukī (proverb): Human Resources at the University. This service Need to talk provides staff with the opportunity to discuss He moana pukepuke ka without having their workplace concerns with an independent ekengia e te waka – a rough to worry about party and to obtain advice and support on a what you say? confidential and off the record basis. sea can be navigated. Any University staff member (whether permanent, fixed term or casual) can use EARS – Te Rauawa. Our Employee Advisory and Resolution Services EARS – Te Rauawa is available to staff to talk (EARS) – Te Rauawa through workplace issues. The service provides are here to help! guidance and coaching to help staff manage Problems at work? issues they are concerned about and with the permission of all people involved, can also provide an informal resolution service involving facilitated discussions or restorative processes. Some examples of the workplace issues that staff could seek advice and guidance for include: • working relationships or environments staff find difficult • conflict • performance concerns • issues relating to appointment or promotion processes • experienced or observed instances of bullying, Te Rauawa, the Māori name for this service, harassment or discrimination refers to the carefully crafted piece of wood that was secured to the hull of traditional Māori waka (canoes) to raise the height of the sides and help keep water out. We provide free, confidential, impartial, informal and independent advice and resolution services for University EARS staff experiencing Photo: The oar of Te Matau a Māui waka with workplace issues. permission of Ngāti Kahungunu Iwi.

62 Can I use EARS – Will anybody know if How is EARS – Te Rauawa? I have used EARS – Te Rauawa different Any University staff member (whether permanent, Te Rauawa? from other University fixed term or casual) can use EARS – Te Rauawa free of charge. The EARS – Te Rauawa service provider you services? discuss your concerns with will maintain confidentiality of your personal information and EARS – Te Rauawa doesn’t replace other avenues How do I contact EARS – Te Rauawa? concerns unless they have your informed consent within the University that are already available to to do otherwise. The only exception to this is if provide you with help and support. These include: You can contact the EARS – Te Rauawa Service they consider there is a serious risk of physical • talking to your manager Director by emailing [email protected] or harm or health and safety in which case they may • contacting Human Resources submitting a request for them to call you through take appropriate steps. • using the existing University policies or the online form which can be found <>. procedures (such as making a complaint or a EARS – Te Rauawa may report and make disclosure) Use the online form if you have any concerns recommendations to the University on issues • contacting the Manager, Staff Wellness about confidentiality or themes arising from the service, but this • contacting EAP will always be done in a way that maintains • contacting your union (for example TEU) When you contact EARS – Te Rauawa, you can confidentiality unless you request otherwise. arrange to meet wherever you feel comfortable to EARS – Te Rauawa complies with the University’s EARS – Te Rauawa is a confidential, impartial ensure appropriate confidentiality. This includes privacy policy https://www.victoria.ac.nz/site- and informal service, independent of University any of the University campuses or offsite. info/privacy. Human Resources. It is off the record, so contacting the service will not notify the University of an issue. There are many advantages to off Who is in the EARS – Te Rauawa team? the record conversations. These will be fully The Te Rauawa team is independent from Human discussed with you by the EARS – Te Rauawa Resources. team.

Te Rauawa is operated under the Diana Unwin EARS – Te Rauawa is not a counselling service. Chair of Restorative Justice, which is in room Counselling support is available through the 309 of the Old Government Buildings. It is led Employee Assistance Programme (EAP). by Jon Everest, Senior Consultant in the Diana Unwin Chair in Restorative Justice and a panel of qualified specialists.

More information about the team is available on the intranet (see link above) EARS

63 Agenda Item 9

Forthcoming Events and Next Meeting

To receive: a Council Paper from the Secretary to Council dated 26 November 2019 listing Forthcoming Events (document VUWC 19/133).

To note: that the next meeting of Council will take place on Monday, 10 February 2020 at 9.00 am in the Council Chamber, Level 2, Hunter Building, Kelburn Campus, Wellington.

To resolve: that the Council Paper on Forthcoming Events and the date and details for the next Council meeting on Monday, 10 February 2020 be noted.

64 VUWC 19/133

COUNCIL PAPER

TO Members of Council

FROM Caroline Ward, Secretary to Council

AUTHOR Engagement and Alumni Team

DATE 25 November 2019

Forthcoming Events for November and December 2019 and February 2020 SUBJECT December Graduation dates

REF TO STRAT PLAN PS5

DOCUMENT # VUWC 19/133

Executive Summary Council members are welcome to attend the following events:

Event Event Date Timings Description Vice-Chancellor’s Monday 2 4.30pm – The Hub End of year celebration hosted by Christmas Party December the VC for all staff at the for all staff. (after Council University. meeting) Te Tini a Rehua Thursday 5 5.30pm – Te Herenga This event will be to celebrate top Celebration December Waka Marae Maori students in each faculty.

PhD Celebration Tuesday 10 5pm – Te Toki a Rata A celebration for all PhD December Foyer graduands who will be graduating at December’s ceremonies.

Graduation Wednesday 1.30pm Faculty of Architecture and Ceremony 1 11 December Design, Faculty of Engineering, Faculty of Science Graduation Wednesday 6pm Faculty of Education, Faculty of Ceremony 2 11 December Health, Faculty of Humanities and Social Sciences Parade for all Thursday 12 12noon December

65 VUWC 19/133

Graduation Thursday 12 1.30pm Victoria Business School, Faculty Ceremony 3 December of Law

Graduation Thursday 12 6pm Victoria Business School Ceremony 4 December

Marae Graduation Friday 13 9.30am Te Herenga Waka December Marae Pasifika Friday 13 6pm – Memorial Theatre Graduation December Student Union Building Celebration

February 2020

Event Event Date Timings Description QS Subject Focus 19-21 Conference dinner at Summit February Parliament on 20th February 2020 6pm – 10pm Power Shifts in the Asia-Pacific: Large and Small State Perspectives

Welcome Festival Friday 28 11am – 12noon Welcome Festival for new February Kelburn Park students at Kelburn Park. Official welcome by Mayor and Vice-Chancellor along with the annual hall chant competition.

66 Agenda Item 10

Media report

To receive: a Council paper from the Associate Director Communications, Marketing and Engagement dated 26 November 2019 providing a Media report (document VUWC 19/134).

To resolve: that the Media report be noted.

67 VUWC 19/134

COUNCIL PAPER

TO Members of Council

FROM Madeleine Setchell, Director Comms, Marketing and Engagement

Katherine Edmonds, Associate Director, Communications, AUTHOR Communications, Marketing and Engagement

DATE 26 November 2019

SUBJECT Media Report

DOCUMENT # VUWC 19/134

Research The following stories received significant media attention: ∑ Geoff Thomas from the School of Architecture provided expert commentary and responded to media questions in relation to the SkyCity fire

∑ Research on the need for the aged care sector to cater for a growing older population living with obesity was widely covered, including on Stuff, Newshub, Medical Xpress and Research for Life. Researchers Dr Caz Hales and Dr Helen Rook were interviewed on the RNZ programme Nine to Noon

∑ Success by two design students in the James Dyson Awards with their lifesaving device the Nah Yeah Buoy was widely covered in media, including in the Dominion Post, Idealog and on TVNZ. They were also interviewed on RNZ’s Nine to Noon

∑ Māori radio stations featured interviews on a short film made by Dr Arini Loader from the School of History, Philosophy, Political Science and International Relations and Mike Ross from Te Kawa a Māui on long-forgotten 19th century waiata

∑ Research by PhD student Stuart Benson on the language of rugby was covered by Times Higher Education and online site phys.org

∑ RNZ covered research by Martien Lubberink, with the University of Otago and the University of California, Davis, on the impact on share markets of climate change events

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Distinguished alumni Distinguished alumni award winner and astronaut Alexander Gerst was interviewed by Kim Hill on RNZ’s Saturday Morning programme.

Halls of residence Since the death of a student in a hall of residence at Canterbury University, media outlets have continued to run stories focusing on accommodation provided at New Zealand university halls of residence and pastoral care. Stuff reported on Treasury papers showing it was concerned the Government’s move to regulate halls of residence could result in higher fees and other unintended consequences. We responded to questions from the Dominion Post with information on our 2020 hall prices and the reasons for the increase and a story was published. RNZ’s Morning Report also covered the increases.

Freedom of speech There was considerable media attention on Massey University in the lead-up to and aftermath of its decision to cancel a controversial feminist speaker on campus. Massey University’s Provost wrote a piece for online news site The Spin-off about getting the balance right between academic freedom and mitigating the effects of hate speech, and provided detail of the University’s new policy on free speech. A number of people then responded with criticisms of Massey’s approach, including ACT party leader David Seymour and commentator Chris Trotter.

Changes in tertiary sector Extensive media coverage has continued on planned changes in the tertiary sector and the impact on regional polytechnics.

Fees free policy The New Zealand Herald published a series of stories on the impact of student loans on a generation. The National Party released a discussion document on tertiary education and suggested scrapping the fees free policy and replacing it with a scheme like KiwiSaver to pay for tertiary education. Other ideas it floated include student loan write-offs or making the final year free.

Students in Hong Kong There has been extensive media coverage of the continuing protests in Hong Kong and the impact on foreign students studying there. We answered questions from Mediaworks about the one Victoria University of Wellington exchange student based in Hong Kong (who is in an area unaffected by the disturbances and does not currently plan to leave).

Social Media Summary News of a new vending machine on the Kelburn campus stocking healthier, more sustainable food options reached close to 26,500 users and received 665 user comments, shares, and reactions. The comments were overwhelmingly positive, with many students looking forward to having improved food choices during late night study sessions.

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A photo of an alumni letter and a $50 note sent to hall of residence Weir House was shared on the main University channel and resonated with current students. The sender recalled pinching toast from the hall in the 1970s and wanted to make amends. The association with ‘Toast Time’—a much-loved evening social hour during exam and study time in most halls— helped the post reach over 19,600 users and gain 258 user engagements.

News of the Zero Carbon Bill being passed into law was shared alongside the University’s video of the School Strike 4 Climate. This was a top performing post for the period reaching 13,400 users and gaining 292 user engagements. The video was viewed 5,288 times.

The Stick with Vic Facebook page published the contents of an email sent by the Pro Vice- Chancellor of the Faculties of Humanities and Social Sciences and Education to her staff about the University’s brand refresh. Requests from the University to remove the contact details of an individual staff member included in the email and to remove a comment urging followers of the Stick with Vic page to ‘spam’ that staff member with emails about the branding refresh were refused.

A post about research from the University’s Institute of Criminology examining the use of New Zealand Police Armed Response Teams to respond to crimes involving firearms received the highest engagement rate on LinkedIn during the period. The post reached close to 10,900 users and received 404 link click-throughs and 69 reactions.

This post also gained the most impressions on Twitter during this time, reaching 20,021 users and gaining 483 engagements. Tweets regarding the 2019 Hill Tinsely Medal recipient Associate Professor Nicholas Golledge from the University’s Antarctic Research Centre and the University’s Marsden Fund results also gained high engagement rates with 126 and 125 engagements respectively.

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70 Agenda Item 11

Appointment of Council Members

To receive: a Council Paper from the Returning Officer and Secretary to Council dated 26 November 2019 regarding the appointment of Council members following the 2019 staff and student elections (document VUWC 19/135).

To resolve: 1 that in accordance with clause 5.1(c) of the Council Membership Statute, Ms Rhianna MORAR be appointed to Council for a two year term from 1 January 2020 to 31 December 2021.

2 that in accordance with clause 5.1(b) of the Council Membership Statute, Professor Brigitte BÖNISCH-BREDNICH be appointed to Council for a four year term from 1 January 2020 to 31 December 2023.

71 VUWC 19/135

COUNCIL PAPER

TO Members of the Council

FROM Caroline Ward, Returning Officer and Secretary to Council

AUTHOR Caroline Ward, Returning Officer and Secretary to Council

DATE 26 November 2019

Appointment of Council Members resulting from the 2019 Staff SUBJECT and Student Elections

DOCUMENT # VUWC 19/135

This paper recommends the appointment of two Council members as a result of the 2019 Staff and Student elections.

Student Election

A call for nominations was made by email to all students on 10 September 2019 in the election of a student representative to a two year term from 1 January 2020 to 31 December 2021.

Five completed notices of candidacy were received by the deadline of Friday, 20 September at 5pm. One person subsequently withdrew their application. An election was held from 7 to 14 October 2019.

Student Election result:

Candidate Votes Received

MORAR, Rhianna 1,009 JACKSON, Laura 413 MOTLEY, Julie 279 MUNDY, Alexis 40 INFORMAL 0 BLANK VOTING PAPERS 8

Max SALMON Withdrew

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The voter return was 8.16% being 1,749 votes cast from 21,441 eligible electors. As a comparison, the voter turnout in the 2018 student election was 10.16%.

It is recommended that Ms Rhianna MORAR, as the highest polling candidate, be appointed to a two-year term from 1 January 2020 to 31 December 2021.

Staff Election

A call for nominations was made by email to all staff on 10 September 2019 in the election of a staff representative to a four year term from 1 January 2020 to 31 December 2023.

Six completed notices of candidacy were received by the deadline of Friday, 20 September at 5pm. An election was held from 7 to 14 October 2019.

Staff Election result:

Candidate Votes Received

BÖNISCH-BREDNICH, Brigitte 463

RANDAL, John 302 JONES, Carwyn 205 KERR, Ryan 130 SHILLINGTON, Erin 104 WALBRAN, Sue 83

INFORMAL 0 BLANK VOTING PAPERS 1

The voter return was 37.62% being 1,288 votes cast from 3,424 eligible electors. As a comparison, the voter turnout in the 2016 staff election was 31.74%.

It is recommended that Professor Brigitte BÖNISCH-BREDNICH, as the highest polling candidate, be appointed to a four-year term from 1 January 2020 to 31 December 2023.

Intended composition of Council Under clause 4.3 of the Council Membership Statute, the overall composition of Council is intended to include: ∑ at least 2 Staff Members ∑ at least 2 Students ∑ at least 2 people who are Māori and have a recognised standing within the Māori community and among iwi networks ∑ at least 2 people who are graduates of Victoria ∑ at least 5 women

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With confirmation of three Ministerial appointments pending at the time of publication of this Council paper it is not certain that all of the intended composition of Council will be met. The Chancellor will comment on this in an oral report at the 2 December Council meeting by which time it is hoped to have received confirmation of the Ministerial appointments.

Recommendations:

that in accordance with clause 5.1(c) of the Council Membership Statute, Ms Rhianna MORAR be appointed to Council for a two year term from 1 January 2020 to 31 December 2021.

that in accordance with clause 5.1(b) of the Council Membership Statute, Professor Brigitte BÖNISCH-BREDNICH be appointed to Council for a four year term from 1 January 2020 to 31 December 2023.

Attached: Short bios on Rhianna Morar and Brigitte Bönisch-Brednich

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Short Bios

Rhianna Morar

Rhianna Morar (Ngāti Porou, Te Arawa) is in her fourth year of a conjoint LLB / BA degree in Law and Political Science and International Relations.

She is the Faculty of Law Delegate at the Victoria University of Wellington Students’ Association (VUWSA), having previously served in several roles at the Association. She is also Tauira Representative (Ngā Rangahautira) on Te Hunga Rōia Māori o Aotearoa.

Rhianna has been a Research Assistant for several members of the University staff, researching how the courts have applied and interpreted the principles of the Treaty of Waitangi, as well as investigating the Crown-Māori relationship in Resource Management law.

Professor Brigitte Bönisch-Brednich, MA, PhD (Marburg), Dr habil (Göttingen)

Professor Brigitte Bönisch-Brednich is Head of the School of Social and Cultural Studies, in the Faculty of Humanities and Social Sciences.

Brigitte has been working for the University 17 years and currently is the chair person of the Association for Social Anthropology in Aotearoa New Zealand (ASAANZ). She is an appointed member of the international network for Women in Higher Education Management (WHEM) and a reviewer for the German, Swiss and Austrian governments’ research funds.

Brigitte’s research interests include cultural anthropology, narrative analysis and storytelling, migration, academic mobility, and ethnography. She is currently working on a project on academic migration and the global knowledge economy, which includes an analysis of the demands and ideology of a globally connected tertiary education system.

75 Agenda Item 12

Graduates in Absentia – Degrees to be Granted

To receive: the list of degrees, diplomas and certificates granted on 2 December 2019 (document VUWC 19/136).

To resolve: 1 that Council grants the degrees, diplomas and certificates in this University on those persons listed in document VUWC 19/136 and that their names be entered on the Roll of Graduates on 2 December 2019. 2 that a motion of congratulations to the Graduates in Absentia be recorded.

76 VUWC 19/136

DEGREES, DIPLOMAS AND CERTIFICATES TO BE GRANTED ON 02 DECEMBER 2019

Doctor of Philosophy Higham, Kyle William, in Physics Marinaccio, Jessica Ann, in Pacific Studies Michailos, Konstantinos, in Geophysics Pham, Thi Phuong Ha, in Applied Linguistics Pointer, Lindsey Carol, in Public Policy Semprini, Ruth Angela Cecilia, in Clinical Research Vargo, Lauren Jean, in Geology

FACULTY OF ARCHITECTURE AND DESIGN

Master of Architecture Shiran, Masoumeh, with Distinction

Master of Design Innovation Doran, Christopher Thomas, with Merit Liu, Yanxiao, with Merit

Master of Landscape Architecture Wilson, David Hugh

Bachelor of Architectural Studies Nouata, Luke Andrew

Bachelor of Design Innovation Taylor, Edward William

Postgraduate Diploma in Architecture Baines, Liam Michael

FACULTY OF COMMERCE

Master of Applied Finance Chhay, Vanndy, with Merit McDowell, Oliver Andrew, with Distinction

Master of Commerce Chen, Mu-En, in International Business with Merit

Master of Information Studies Coombe, Sophie Louise, in Library Science with Merit

Master of Professional Accounting Song, Hui, with Distinction

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Master of Professional Business Analysis Gaud, Neha Anil

Master of Public Management Sulistyo, Wahyu, with Merit

Master of Public Policy Ta, Nhat Quang, with Merit

Bachelor of Commerce Ahmad Ikram, Muhammad Ashraf Bin Cheung, Wing Cho Dunstan, Daniel Stephen Gardiner Gu, Yanrong Gupta, Adiraj Lough, Shauna Narelle Maharaj, Luisa Shevanni Manning, Caleb Luke Mason, Benjamin Joseph Oye, Eng Ning Rogers, Alex Freeman

Bachelor of Tourism Management Matheson, Demi Louise

Postgraduate Diploma in Business Administration Woodhead, Marc Peter Anderson

Postgraduate Diploma in Professional Accounting Zhong, Zheng

Graduate Diploma in Commerce Li, Xinran, in Tourism Management

Postgraduate Certificate in Information Studies Gravett, Marama Rose

Graduate Certificate in Commerce Cheung, Wing Cho

FACULTY OF EDUCATION

Master of Education Stephens, Courtney Jade, with Merit Walker, Kate Ellen, with Merit

Postgraduate Diploma in Educational Psychology Practice Pine, Russell Scott

Graduate Diploma of Teaching (Early Childhood Education) Henson, Megan Anita

Graduate Diploma of Teaching (Primary) Grant, Heather Anne Retter, Katelyn Rose

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FACULTY OF HEALTH

Master of Health Care Crawley, Julie Lynn, with Merit

Postgraduate Diploma in Nursing Science Tinielu, Shajeeda Naheed,

Postgraduate Certificate in Health Hewitt-Mikoz, Jessica Jane

Postgraduate Certificate in Nursing Science Evangelista, Allen Antoniette Auxtero Shepherd, Moana Skye

FACULTY OF HUMANITIES AND SOCIAL SCIENCES

Master of Arts Dowall, Heidi Nancy, in Criminology with Distinction Findlay, Charlotte Moana, in English with Distinction King, Joshua William, in History with Merit Luckman, Evelyn Dalwyn, in Teaching English to Speakers of Other Languages with Distinction Turnbull, Eleni Kate, in Criminology with Merit

Master of International Relations Thein, Zin Mar, with Merit

Master of Musical Arts Orchard, Pasquale Alexandra, in Performance with Merit Vaughan, Elliot Graeme, in Composition/Sonic Arts with Distinction

Bachelor of Arts with Honours Bennett, Nelson Lewis, with First Class Honours in History Davis, Paloma Rose Magee, with Second Class Honours (first division) in Cultural Anthropology

Bachelor of Arts Andrews, Benjamin Christopher Bates, Oliver Waring Betteridge, Theo John Coutts, Robert Rawnsley Hancock, Lauren Alexandra Hill, Shaun Eric Robertson, Farrell Jack Sawada, Kaoru Somervell, Katherine Elisabeth Time, Asotasi Okesene van Beusekom, Bjorn Whitford, Joshua Elliott Wongsin, Robert David

Bachelor of Music Burnard, Harrison Thomas Taiwhakaea

Certificate in Deaf Studies Thorn, Caleb Tori

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Certificate of Proficiency in English A, Saicuoji Chen, Jingjing Hou, Yujing Li, Xinran Nguyen, Tat Tuan Linh Raigoso Hernandez, Walter Yecyd Ta, Nhat Quang Yoshihara, Hiroki

FACULTY OF LAW

Bachelor of Laws Davies, Sarah-Marie Anna

Graduate Certificate in Law Baluya, Ranelle Aguinaldo Cole, Aaron Samuel John

FACULTY OF SCIENCE

Master of Development Studies Walker, Janie Ruth, with Merit

Master of Innovation and Commercialisation Seng, Lytor, with Merit

Master of Science Chen, Xiaohan, in Physics Holmes, Monique Francis, with First Class Honours in Marine Biology Scott, Matthew Barry, with First Class Honours in Geography Turupadang, Welem Linggi, in Chemistry

Bachelor of Biomedical Science with Honours Hamilton, Charlotte Louise, with Second Class Honours (first division)

Bachelor of Science with Honours Manning, Brittany Anne, with Second Class Honours (second division) in Psychology

Bachelor of Biomedical Science Hamilton, Charlotte Louise

Bachelor of Science Brankin, Toby Nicholas Doyle, Peter Joseph Sadler, Marcus James Su, Hang

Graduate Diploma in Science Johnston, Helen Theresa, in Geology Papworth, Nicki Rose, in Ecology and Biodiversity

80 Agenda Item 13

Election of Chancellor and Pro-Chancellor

To receive: an oral report on the election of the Chancellor and Pro- Chancellor.

81 Agenda Item 14

Resolution to exclude the public

To a recommendation that certain items be taken with the public excluded receive: (document VUWC 19/138).

To 1 that the public be excluded from the following parts of the proceedings of resolve: this meeting, namely agenda items 15-29. 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 Reason for passing this resolution Ground(s) under each matter to be in relation to each matter section 48(1) for considered The public conduct of each item the passing of this below would be likely to result in the resolution disclosure of information for which good reason for withholding would exist under the sections of the OIA identified below. Minutes of previous s 9(2)(b)(ii) and s 9(2)(i) LGOIMA meeting held on 14 s48(1)(a)(ii) October 2019 Chancellor’s report s 9(2)(b)(ii) and s 9(2)(i) LGOIMA s48(1)(a)(ii) Vice-Chancellor’s s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, report s48(1)(a)(ii) Student s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, accommodation s48(1)(a)(ii) pastoral care Financial report to s 9(2)(b)(ii), s9(2)(i) and s9(2)(k) LGOIMA, 31.10.19 s48(1)(a)(ii) Final annual s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, management plan s48(1)(a)(ii) and budget 2020 Strategic plan s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, roadmap s48(1)(a)(ii) Insurance update s9(2)(b)(ii) and s9(2)(i) LGOIMA, s48(1)(a)(ii) Insurance mandate s9(2)(b)(ii) and s9(2)(i) LGOIMA, s48(1)(a)(ii) FY19 External audit s9(2)(b)(ii) and s9(2)(i) LGOIMA, fee s48(1)(a)(ii) Sale of Small s 9(2)(b)(ii), s 9(2)(i), s 9(2)(h) and LGOIMA, Houses, s 9(2)(j) s48(1)(a)(ii) Quarterly Reports s 9(2)(b)(ii) LGOIMA, Digital Roadmap s48(1)(a)(ii) Foundation Committee reports s 9(2)(b)(ii) and s 9(2)(i) LGOIMA, s48(1)(a)(ii)

82 Safety, Health and s 9(2)(a) and s 9(2)(b)(ii) LGOIMA, Wellbeing reports s48(1)(a)(ii) to 31.10.19 Council only time s 9(2)(a) LGOIMA, s48(1)(a)(ii)

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

2 that such members of the senior leadership as the Chancellor and the Vice- Chancellor request be permitted to remain at this meeting, after the public has been excluded, with the exception of agenda item 29, because of their knowledge of the relevant matters identified above which will be of assistance in relation to those matters.

83 84 85 Victoria University of Wellington Council Manual

EXECUTIVE SUMMARY Victoria University of Wellington Victoria University of Wellington (Victoria) was established in 1899 for the advancement of knowledge and the dissemination and maintenance of this knowledge by teaching and research. It is one of the major universities in New Zealand, and is engaged in a wide range of national and global programmes. Strategic Plan The Strategic Plan, approved by Council on 29 September 2014, contains Victoria’s vision, mission and purpose, primary strategies, enabling strategies and values. A strategic plan refresh will take place early in 2019. Role of Council The role of Council is to be the governing body of the University. The functions, powers and duties of Council are set out in the Education Act 1989 and can be summarised as follows: Functions of Council (section 180) 1. Appointing a Vice-Chancellor (and monitoring and evaluating his or her performance); 2. Preparing and submitting a proposed investment plan; 3. Ensuring Victoria is managed in accordance with, and determining policies to implement, the investment plan; 4. Determining policies in relation to the management of Victoria’s affairs; and 5. Undertaking planning relating to Victoria’s long-term strategic direction. Powers of Council (sections 192 and 193) Council has all powers reasonably necessary to enable it to perform its functions efficiently and effectively. Many of these powers are delegated to the Vice-Chancellor as Chief Executive. Duties of Council (section 181) 1. Strive to ensure that Victoria attains the highest standards of excellence in education, training and research; 2. Acknowledge the principles of the Treaty of Waitangi; 3. Encourage the greatest possible participation by the communities served by Victoria so as to maximise the educational potential of all members of those communities with particular emphasis on those groups in those communities that are under-represented among Victoria’s students; 4. Ensure that Victoria does not discriminate unfairly against any person; 5. Ensure that Victoria operates in a financially responsible manner that ensures the efficient use of resources and maintains Victoria’s long-term viability; and 6. Ensure that proper standards of integrity, conduct and concern for the public interest and the wellbeing of students attending Victoria are maintained. Management of the University The Vice-Chancellor is responsible and accountable for the management of the University. Council composition and mix The composition of Council is determined by the Education Act 1989, Council’s Constitution and the Council Membership Statute. Council consists of 12 members, each of whom may serve a maximum of three terms of up to four years each. The Vice-Chancellor is appointed ex officio with no constraint on the length of term. The Minster for Tertiary Education appoints four Council members and Council appoints eight (including the Vice-Chancellor). The Nominations Panel oversees the appointments process, which includes election of two academic staff members and two students and selection of the remaining members. An amendment to the Education Act late 2018 will require at least a change in the process for electing student and staff members of Council. The implications of this amendment will be worked through during 2019. Chancellor and Pro-Chancellor Each year Council appoints from among the members a Chancellor and Pro-Chancellor. The Pro- Chancellor deputises for the Chancellor in his or her absence or at his or her request.

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86 Victoria University of Wellington Council Manual

Secretary to Council The Secretary is responsible for ensuring that Council procedures are followed, that the applicable rules and regulations for the conduct of the affairs of Council are complied with and for all matters associated with the maintenance of Council or required for its efficient operation. All Council members have access to the advice and services of the Secretary. Vice-Chancellor The Vice-Chancellor is the link that connects Victoria’s governance (Council) and management functions. All Council authority conferred on management is delegated through the Vice-Chancellor so that the authority and accountability of management is considered to be the authority and accountability of the Vice-Chancellor so far as Council is concerned. Between Council meetings the Chancellor maintains an informal link between Council and the Vice- Chancellor, expects to be kept informed by the Vice-Chancellor on all important matters, and is available to the Vice-Chancellor to provide counsel and advice where appropriate. Council procedures Council takes a disciplined approach to performing its role, with emphasis on strategic issues and policy. Council members must always act within any limitations imposed by Council on its activities. Council and committee meetings are conducted in accordance with Council’s Standing Orders. Council members are expected to perform their individual duties under section 176A of the Act and comply with Council’s Code of Conduct. Council has sole authority over its agenda and exercises this through the Chancellor. Any person may, through the Chancellor, request the addition of an item to the agenda. Council meetings are held at approximately 6-weekly intervals from approximately 9am to 4pm. The length of the meetings allows time for in-depth discussion on specific topics. Additional meetings may be scheduled as the occasion requires. Council committees Council committees are formed to facilitate efficient decision-making and provision of advice. Council committees operate under approved terms of reference and observe the same rules of conduct and procedure as Council unless Council determines otherwise. Council committees only speak or act for Council when authorised. The authority conferred on a Council committee does not derogate from the authority delegated to the Vice-Chancellor. Council has four standing committees, namely the Audit and Risk, Finance, Te Aka Matua (Māori Advisory), and Human Resources committees. Two other committees, the Victoria Honours Committee and the Nominations Panel are formed and meet as required. Additional committees may be formed for specific purposes and disbanded as required. Council and member evaluations Each year Council critically evaluates its own performance including its processes and procedures. The performance of individual members is also evaluated by self-assessment. Induction of new members An induction programme is run for all new Council members, to ensure that all Council members have a good understanding of Victoria and the environment and markets in which it operates. As part of the programme, members receive essential Council and University information, meet key management and visit Victoria’s facilities. Members’ remuneration Council members will be paid fees in accordance with section 179 of the Education Act 1989. Actual out of pocket expenses (such as travel costs) may also be claimed.

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Executive summary ...... 3 1 Introduction to this manual...... 6 1.1 Context ...... 6 1.2 Purpose of this manual ...... 6 1.3 Manual ownership ...... 6 1.4 Distribution ...... 7 2 Victoria University of Wellington...... 8 2.1 History and current operations...... 8 2.2 University, subsidiaries and controlled enterprises...... 8 3 Council overview...... 9 3.1 Treaty of Waitangi commitments...... 9 3.2 Council’s role and responsibilities...... 9 3.3 Strategy ...... 13 3.4 Legislation ...... 14 3.5 Other key governance tools ...... 14 4 Council organisation ...... 16 4.1 Council composition ...... 16 4.2 Chancellor and Pro-Chancellor (Chair and Deputy Chair)...... 16 4.3 Officers of Council...... 17 4.4 Council committees...... 17 4.5 Academic Board ...... 21 4.6 Vice-Chancellor...... 21 4.7 Secretary to Council...... 21 4.8 General Counsel ...... 22 5 Council processes and procedures ...... 23 5.1 Annual work programme...... 23 5.2 Items for Council consideration...... 24 5.3 Interactions with University staff...... 24 5.4 Dealing with disruptions by members of the public...... 24 6 Other guidance for Council members...... 25 6.1 Induction...... 25 6.2 Individual roles and responsibilities ...... 25 6.3 Fees, allowances and travel costs ...... 25 6.4 Insurance...... 25 6.5 Independent professional advice ...... 26 6.6 Information access and technology ...... 26 6.7 Physical security on campus...... 27 6.8 Self-evaluation...... 27 6.9 Training and development...... 27 6.10 Declarations ...... 27 6.11 Where to get more information...... 27 Appendices...... 28 Appendix A – Other relevant publications...... 28 Appendix B – Additional papers provided to Council members only ...... 29

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1 INTRODUCTION TO THIS MANUAL This section provides a brief introduction to this manual.

1.1 Context It is Council’s intention to be a high-performing governance team. This manual is one element in the set of governance resources provided to support Council to operate effectively and efficiently. Other key governance resources include: ∑ Standing Orders; ∑ Code of Conduct; ∑ Terms of reference for Council committees; ∑ Tertiary Education Commission’s (TEC) “Governance Guide for Council Members of Tertiary Education Institutions” (a generic guide applicable to all tertiary education institutions in New Zealand); ∑ Institute of Directors (IoD): corporate membership, “Four Pillars” Governance Best Practice guide (a generic guide applicable to all types of organisations, including Victoria) and related training; and ∑ Victoria’s Strategic Plan, Investment Plan, Annual Budget and Annual Report.

Works towards: Is guided by: • Governance and oversight • Council member handbook (this document) • Statutory functions and duties • Sector guidance (for example, from TEC) • Strategic direction • Good practice guidance (for example, from IoD)

Council Operates according to: • Legislation • Standing Orders • Code of Conduct • University statutes

Operate according to: • Approved terms of reference • Legislation Council committees • Standing Orders • Code of Conduct • University statutes

1.2 Purpose of this manual This manual is intended to be: ∑ A standard reference for Victoria University Council members; ∑ High-level and explanatory in nature – with information about where to get more detail when required; ∑ Publicly available to other people interested in how Victoria’s Council works; and ∑ Relatively static (ie not contain rapidly changing data such as contact details in the main document).

1.3 Manual ownership The owner of this manual is the Secretary to Council.

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1.4 Distribution This manual is expected to be made available to: ∑ Council and Senior Leadership Team (SLT) members, as a Boardbook (and in hardcopy if required); ∑ Other specific Victoria managers electronically (as a Boardbook for those managers who have access to Boardbooks, and as a PDF file for those who do not) and/or on the Victoria website; and ∑ Other parties, on the Victoria website.

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2 VICTORIA UNIVERSITY OF WELLINGTON This section sets out the context of Victoria’s operations and the Council’s scope of governance responsibilities.

2.1 History and current operations Victoria University of Wellington was established in 1899 for the advancement of knowledge and the dissemination and maintenance of this knowledge by teaching and research. It is one of the major universities in New Zealand. It operates across three campuses in Wellington (Kelburn, Pipitea, and Te Aro ) and one in Vietnam. It also has operations in Auckland, Miramar (Miramar Creative Centre), Gracefield (Ferrier and Robinson Institutes), and Island Bay (Coastal Ecology Laboratory). It is engaged in a wide range of national and global programmes. More information is available on the website http://www.victoria.ac.nz/about/global-engagement.

2.2 University, subsidiaries and controlled enterprises Victoria is a registered charity (CC47181) with its main sector of operation recorded as education, training and research. As well as having responsibility for Victoria’s governance, Council members need to be aware of the governance relationship between Council, the Victoria University of Wellington Foundation (the Foundation) and subsidiaries and other entities that Victoria controls. Council governs Victoria through the approval of the Strategic Plan, the direction it gives the Vice- Chancellor, approval of University statutes and consideration of the information it receives. It governs the Foundation indirectly through appointing the trustees. Council does not directly govern other University subsidiaries and controlled entities. Directors and Trustees of these are appointed by the Vice-Chancellor (in consultation with the Chancellor) who is ultimately responsible to Council for their operation and performance.

Council

Governs via Council Appoints trustees

Victoria University of Victoria University Wellington Foundation

Appoints governance

Subsidiaries Controlled entities

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3 COUNCIL OVERVIEW This section sets out the purpose of Council and explains how it obtains its authority. It also identifies the key legislation and governance documents that are relevant to Council in directing Victoria towards its strategic goals.

3.1 Treaty of Waitangi commitments As set out in the current Strategic Plan, Victoria’s values and commitment include commitments to the Treaty of Waitangi. Victoria values te Tiriti o Waitangi, rangatiratanga (leadership), manaakitanga (the generous fostering of knowledge), kaitiakitanga (responsibility for, and guardianship of, knowledge), whai mātauranga (intellectual curiosity), whanaungatanga (collaboration and collectiveness) and akoranga (collective responsibility for learning). The Te Tiriti o Waitangi Statute is the formal expression of Victoria’s commitment to Māori as tangata whenua and Treaty partners.

3.2 Council’s role and responsibilities Council is the governing body of Victoria. The functions, powers and duties of Council are defined in the Education Act 1989 as set out below.

3.2.1 Functions of Council (section 180) Council’s functions are:

180 Functions of councils (1) The functions of the council of an institution are— (a) to appoint a chief executive in accordance with the State Sector Act 1988, and to monitor and evaluate his or her performance: (b) to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:

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(c) if the institution has a plan,— (i) to ensure that the institution is managed in accordance with that plan; and (ii) to determine policies to implement that plan: (d) to determine, subject to the State Sector Act 1988, the policies of the institution in relation to the management of its affairs: (e) to undertake planning relating to the institution’s long-term strategic direction.

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3.2.2 Powers (section 193) Council has all powers reasonably necessary to enable it to perform its functions efficiently and effectively. Many of the powers in section 193 have been delegated to management through the Vice- Chancellor. The Reserved Powers of Council are found in Appendix 3 to the Delegations Statute.

193 Powers of councils (1) The council of an institution has all powers reasonably necessary to enable it to perform its functions efficiently and effectively. (2) Except where they are exercised by delegation under this Act, the following powers of an institution shall be exercised only by the institution’s council: (a) to provide courses of study or training, admit students (including provisionally and ad eundem statum) and grant awards: (b) to grant fellowships, scholarships, bursaries, or prizes: (c) to authorise the making of grants or loans out of the money of the institution to the chief executive, to members of the staff or students of the institution, or to any association of staff or students, on such terms and conditions as the council thinks fit and guarantee loans made by other persons to the chief executive or members of the staff of the institution for housing purposes: (d) to accept gifts, devises, and bequests made to the institution, whether on trust or otherwise: (e) to agree to the disestablishment of the institution and its incorporation in another institution of the same class or a different class (for example, the council of a polytechnic may agree to the disestablishment of the polytechnic and its incorporation in a university): (ea) to agree to the incorporation in the institution of another institution or other institutions, whether of the same class as itself or a different class from itself (for example, the council of a university may agree to the incorporation of a polytechnic in the university): (f) to arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the institution: (g) to arrange for the provision of (whether by sale or otherwise) goods and services to staff or students of the institution or other persons using, or otherwise attending at, facilities of the institution: (h) to prescribe fees payable by students of the institution or any of them: (i) to establish boards or other bodies within the institution to give advice to the council: (j) to do anything incidental to the exercise of any of the preceding powers. (3) The council of an institution has power to appoint committees consisting of such persons, whether or not members of the council, as the council determines to exercise such powers as are delegated to them under section 222 and such powers as are conferred on them by statutes made by the council, and to alter, discharge, and reconstitute committees so appointed.

Reserved Powers of Council Govern the University in accordance with relevant legislation and the Investment Plan and Strategic Plan Approve the University's long-term strategic direction, Strategic Plan, Mission, Values and Vision Approve the Investment Plan Approve the budget on the recommendation of the Finance Committee Approve the Annual Report on the recommendation of the Audit and Risk Committee Appoint, reappoint (and remove) a Vice-Chancellor Monitor and evaluate the Vice-Chancellor’s performance on the recommendation of the HR Committee Appoint (and remove) an acting Vice-Chancellor Authorise other people to execute documents on behalf of the University Oversee and monitor the assessment and management of risk across the University and its controlled entities Approve the internal audit charter on the recommendation of the Audit and Risk Committee Approve statutes Agree to the disestablishment of the University and its incorporation in another institution of the same class or a different class Agree to the incorporation in the University of another institution or other institutions, whether of the same class as itself or a different class from itself

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Grant honorary degrees and Hunter Fellowships on the recommendation of the Victoria Honours Committee Approve naming rights on the recommendation of the Victoria Honours Committee Determine objective criteria for consideration of Council members Appoint as a member of Council the Vice-Chancellor and up to 7 other people taking into account the recommendations of the Nominations Panel Elect (and remove) a Chancellor and Pro-Chancellor Determine rates of payment for members of Council (other than the Vice- Chancellor) Dismiss or suspend a member of Council or recommend to the Minister that a member be removed from office Initiate action against a member of Council for breach of any individual duty Recommend to the Minister that the Constitution of the Council be amended Determine Council’s annual work plan and anything necessary to support the business of Council Determine procedures for meetings of Council and Committees of Council Manage disclosures of interest from Members of Council Assess the performance of Council Appoint, alter, discharge and reconstitute committees of Council, other committees to exercise delegated powers and boards or other bodies within the University to give advice to Council Delegate or revoke any of Council’s powers to the Vice-Chancellor or to a committee (including the Academic Board) Decide how to fill casual vacancies on Council Includes deciding not to fill a vacancy that occurs within 3 months of the end of Council member's term of office Appoint trustees of the Victoria of University of Wellington Foundation Approve any new subsidiary or controlled entity of the University or the disestablishment of any existing entity Academic Establish an Academic Board and consider any advice from the Academic Board Determine the composition of the Academic Board Grant (and revoke) qualifications and awards Decide on grievance about an action of the Academic Board in accordance with section 4.3(c) of the Academic Board statute Establish targeted admissions schemes for students from equity groups Determine minimum entry requirements Determine wording on Qualification Certificate Approve amendment of already issued Qualification Certificate Finance and Contracts Approve any matter requiring a “Level 0” approval in the Financial Delegated Authority Limits set out in Appendix 2 Determine tuition fees and student services levies taking into account the recommendations of the Finance Committee Approve limits on treasury financial transactions and financial authorities (as taking into account the recommendations set out in the Treasury Statute) of the Finance Committee Authorise grants or loans to the Vice-Chancellor, members of staff, students, or to any association of staff or students, and guarantee loans to the Vice- Chancellor or members of staff for housing purposes Approve the level of insurance coverage Authorise the common seal to be affixed to any document Common seal must be countersigned by two people (other than for qualification certificates), one of whom must be a member of Council. Enter into agreements which, if made by a private person, must be by deed. Requires common seal to be affixed and countersigned by two people with

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delegated authority (at least one of whom must be a member of Council).

3.2.3 Duties (section 181) The duties of Council are:

181 Duties of councils It is the duty of the council of an institution, in the performance of its functions and the exercise of its powers,— (a) to strive to ensure that the institution attains the highest standards of excellence in education, training, and research: (b) to acknowledge the principles of the Treaty of Waitangi: (c) to encourage the greatest possible participation by the communities served by the institution so as to maximise the educational potential of all members of those communities with particular emphasis on those groups in those communities that are under-represented among the students of the institution: (d) to ensure that the institution does not discriminate unfairly against any person: (e) to ensure that the institution operates in a financially responsible manner that ensures the efficient use of resources and maintains the institution’s long-term viability: (f) to ensure that proper standards of integrity, conduct, and concern for— (i) the public interest; and (ii) the well-being of students attending the institution— are maintained.

Under the Health and Safety at Work Act 2015, Council members have a duty as officers of Victoria to exercise “due diligence” to ensure that Victoria complies with its duties and obligations under that Act. Due diligence is defined (in section 44(4)) as including taking reasonable steps to:

(a) to acquire, and keep up to date, knowledge of work health and safety matters; and (b) to gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations; and (c) to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and (d) to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and (e) to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and (f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

(PCBU = a person conducting a business or undertaking (section 17(1)). In this context, the relevant PCBU is Victoria University of Wellington. This duty essentially directs that Victoria’s health and safety culture be controlled and managed by those in governance (and senior management) roles.

3.3 Strategy

3.3.1 Strategic Plan Council is responsible for setting Victoria’s strategic direction and for monitoring progress toward attaining the strategic goals. It does this by approving the Strategic Plan which sets out Victoria’s: ∑ Vision; ∑ Context – heritage and position; ∑ Mission and purpose; ∑ Primary strategies; ∑ Enabling strategies; and ∑ Values and commitments. The current Strategic Plan, approved by Council on 29 September 2014, is available on the website: www.victoria.ac.nz/about/governance/strategic-plan and as a downloadable file www.victoria.ac.nz/documents/policy/strategies/strategic-plan.pdf.

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One consideration when Council determines Victoria’s Strategic Plan is the Tertiary Education Strategy (TES) described below. While our Strategic Plan needs to align with the TES priorities, the scope of the University’s Strategic Plan is broader.

3.3.2 Tertiary Education Strategy Under the Education Act 1989, the Minister (of Education) is required to issue a TES that sets out the Government's long-term strategic direction for tertiary education; and its current and medium-term priorities for tertiary education. The long-term direction addresses economic, social and environmental goals, as well as the development aspirations of Māori and other population groups. The TES is used to guide TEC’s investment decisions to maximise tertiary education's contribution to national goals, and act as a reference point for the Government’s policy-making and relationships with the sector. The TES 2014-2019 describes the Government’s strategic direction for tertiary education over the next five to 10 years. This strategy highlights the need to build international relationships that contribute to improved competitiveness, support business and innovation through development of relevant skills and research and improve outcomes for all. The first steps to achieving these shifts are outlined in the strategy’s 6 priorities: ∑ Delivering skills for industry; ∑ Getting at-risk young people into a career; ∑ Boosting achievement for Māori and Pasifika; ∑ Improving adult literacy and numeracy; ∑ Strengthening research-based institutions; and ∑ Growing international linkages. More details on the TES can be found at http://www.education.govt.nz/further-education/policies-and- strategies/tertiary-education-strategy/.

3.4 Legislation A further consideration in governing Victoria is the application of relevant legislation. The primary items of legislation directing Victoria are: ∑ Education Act 1989 (parts 13 to 16, and in particular part 15 – Administration of tertiary institutions); ∑ Victoria University of Wellington Act 1961. Most of the original elements of this Act have now been repealed and replaced by equivalent elements in the Education Act. The provisions that remain include: ∑ Section 3 – defines what Victoria consists of ∑ Section 20 – gives Council power to award certificates, fellowships, scholarships, bursaries, and prizes, and to make other awards. ∑ Section 21 – gives Council power to provide lectures and instruction to members of the public and award certificates for this; ∑ Crown Entities Act 2004. Victoria is a Crown Entity. Only the provisions listed in Schedule 4 apply to Tertiary Education Institutions; and ∑ Public Finance Act 1989. Only certain provisions of the Act apply, particularly the restrictions on investment in section 65I of that Act. Governance and management of Victoria must also comply with other legislation. A list of this legislation is provided on the website (http://www.victoria.ac.nz/about/governance/strategy/new- zealand-legislation2/legislation-applicable-to-victoria-university.pdf). The General Counsel conducts an annual legislative compliance survey and the results of this are reported to the Audit and Risk Committee and then Council

3.5 Other key governance tools In addition to Victoria’s strategic plan, the Tertiary Education Strategy and the key legislation referred to above, other key governance tools that Council members need to be familiar with include:

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3.5.1 Standing Orders Standing Orders set out Council’s rules for meetings of Council and its committees. They incorporate and extend the rules set out in sections 177 and 178 of the Education Act 1989. They also incorporate key requirements of Part 7 of the Local Government Official Information and Meetings Act 1987 which apply to Council and its committees.

3.5.2 Council Code of Conduct The Council Code of Conduct sets out expected standards of behaviour for Council members. It should be read in conjunction with applicable legislative requirements.

3.5.3 Investment Plan Council is responsible for approving the Investment Plan which is submitted to the TEC to seek government funding for domestic students. To meet TEC’s requirements, the Investment Plan must describe: ∑ How the University will achieve government priorities set out in the TES; ∑ The University’s mission and role in the tertiary sector; ∑ All the tertiary education programmes and activities run or undertaken by the University; and ∑ The outcomes proposed by the University, including performance indicators.

3.5.4 Annual Budget The Annual Budget identifies the projected revenue and operating and capital expenditures required to achieve the University’s fiscal targets, the targets specified in the Investment Plan and agreed initiatives to support the Strategic Plan in each calendar year. Council approves the Annual Budget.

3.5.5 Annual Report The Annual Report includes Victoria’s audited financial statements and the Statement of Service Performance (SSP) which reports against performance measures specified in the Investment Plan. Council approves the Annual Report.

3.5.6 Council statutes Section 194 of the Education Act 1989 gives Council the authority to make statutes. University statutes are the highest level component of Victoria’s policy framework. Where a statute has academic implications, Council must take advice from the Academic Board. Statutes are permanent in nature although subject to periodic review. Compliance with statutes is mandatory and non-compliance is actionable through appropriate conduct policy documents. Other components of Victoria’s policy framework include policies, regulations, procedures and guidelines. These are published in a standard format on the Victoria website.

3.5.7 Delegations Delegations are the formal mechanism by which Council authorises committees and the Vice- Chancellor to exercise the power of Council. The Delegations Statute sets out all the decision-making authorities across Victoria (including those sub-delegated by the Vice-Chancellor).

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4 COUNCIL ORGANISATION This section sets out how Council organises itself.

• 12 members, appointed in accordance with Constitution and Council Membership Statute • Responsible for governance and strategic direction of the University • Elects Chancellor and Pro-Chancellor (chair and deputy chair) • Appoints/employs Vice-Chancellor Council • Determines what Council committees are required • Is supported by Secretary to Council

Council committees Vice-Chancellor

• Provide advice to Council • Employed by Council • May be delegated powers by Council • Chief Executive and Academic Head of the University • Is a member of Council ex officio • Responsible for day to day management of the University • Responsible for providing information to Council and Council committees as required

4.1 Council composition The composition of Council is determined by the Education Act 1989, Council’s Constitution (gazetted on 24 September 2015 https://gazette.govt.nz/notice/id/2015-au5554) and the Council Membership Statute (http://www.victoria.ac.nz/documents/policy/governance/council-membership-statute.pdf). The Constitution is a short document that essentially states that Victoria’s Council must comprise 12 members, of whom: ∑ Four are appointed by the Minster for Tertiary Education; and ∑ Eight are appointed by Council in accordance with its statutes. The Constitution also specifies that the maximum number of occasions on which a person may be appointed as a Council member is three, although Council’s expectation is that no Council member would be appointed on more than two occasions. The detail of the composition of Council is set out in the Council Membership Statute, which also sets out the basis on which the eight members appointed by Council are elected or selected.

4.2 The Nominations Panel oversees the appointments process for the eight positions appointed by Council, which includes election of two academic staff members and two students and selection of the remaining members. The Vice-Chancellor is appointed ex officio with no constraint on the length of term. Chancellor and Pro-Chancellor (Chair and Deputy Chair) Council has two specific positions that are determined by election within Council each year.

4.2.1 Chancellor The Chancellor is elected by Council as chairperson and is eligible for re-election to this office. At Victoria, the Chancellor is traditionally elected for a one year term.

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The Chancellor chairs Council and is responsible for providing leadership to Council in the execution and review of its governance responsibilities. The Chancellor represents Council at meetings concerned with governance issues across the sector (for example, Chancellors’ meetings, meetings with representatives of government etc.) and provides advice and support to the Vice-Chancellor. The Chancellor is also typically the spokesperson for Council and Victoria on governance issues. The Chancellor: ∑ Convenes Council meetings; ∑ Is a member ex officio of all committees of Council; ∑ Convenes or is a member of working parties of Council as deemed appropriate; ∑ Attends meetings of the NZ Chancellors; ∑ Is a Trustee of the Victoria University of Wellington Foundation (ex officio); ∑ Presides at Victoria’s Graduation Ceremonies; and ∑ Represents Victoria at corporate and cultural functions.

4.2.2 Pro-Chancellor The Pro-Chancellor is elected by Council as deputy chairperson and is eligible for re-election to this office. At Victoria, the Pro-Chancellor is traditionally elected for a one year term. The Pro-Chancellor is the Chancellor’s deputy in governance and ceremonial roles and, on occasion as required, acts on the Chancellor’s behalf. If the Chancellor is not present at a meeting of Council or if there is no Chancellor, the Pro-Chancellor presides at the meeting and has all the powers and functions of the Chancellor for the purpose of the meeting. The Pro-Chancellor: ∑ Deputises for the Chancellor as the leader of Council and as the Ceremonial Head of Victoria; ∑ Is a member ex officio of all committees of Council except the Nominations Panel; and ∑ Represents Victoria at corporate and cultural functions.

4.2.3 Election process Section 177 of the Education Act 1989 sets out general guidance, including the constraint that Council members who are the Vice-Chancellor, members of staff or students are not eligible for election to be Chancellor or Pro-Chancellor. The election process will be supervised by the Secretary, who will provide formal notice of the date of the election, receive nominations and, if there are two or more nominations for one office, conduct a secret ballot.

The election process normally followed at Victoria is: 1. The election will be held at the last meeting of Council in each calendar year. 2. The Secretary will call for nominations three weeks before the final Council meeting of the year 3. Nominations (proposed and seconded) must be received in writing by the Secretary by the Monday preceding the Council meeting. 4. Nominations will only be accepted from the floor if no written nominations have been received. 5. If there are two or more nominations for one office, a secret ballot will be conducted. 6. If the ballot results in a tie, a second ballot will be held. If the second ballot results in a tie, then the Secretary will supervise the determination of the outcome by lot.

4.3 Officers of Council The “Officers of Council” are the Chancellor, the Pro-Chancellor, the Vice-Chancellor and the Chair of the Finance Committee.

4.4 Council committees Council committees are formed to facilitate efficient decision-making and provision of advice. Council has the power to form committees under section 193(3) of the Education Act 1989 as required.

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Standing Orders require committees to operate under approved terms of reference and observe the same rules of conduct and procedure as Council unless Council determines otherwise. Council committees only speak or act for Council when authorised. The authority conferred on a Council committee does not derogate from the authority delegated to the Vice-Chancellor. The committee structure is as follows: Permanent committees ∑ Finance Committee; ∑ Audit and Risk Committee; ∑ Te Aka Matua (Māori Advisory Committee); and ∑ Human Resources (HR) Committee. Special purpose committees ∑ Victoria Honours Committee; and ∑ Nominations Panel. Membership of each committee is determined by Council at the start of each year, and on other occasions as the need arises. Each committee operates with agreed terms of reference, which set out: ∑ The scope, purpose, responsibilities and authority of the committee; ∑ Membership and attendance; ∑ Meetings; ∑ Information and reporting; and ∑ Review requirements. The Secretary to Council has a template for the creation of terms of reference for new committees or advisory groups when required.

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Committee Purpose Meeting Members frequency Finance Assists Council in relation to financial planning, capital management and Quarterly Chancellor and/or Pro- financial performance. (or as required) Chancellor Vice-Chancellor Up to five other Council Members Audit and Risk Assists Council in relation to oversight of strategic, financial and Quarterly Chancellor and/or Pro- operational risk management, health and safety management, internal (or as required) Chancellor and external audit, statutory financial reporting and legislative Up to five other Council compliance. Members Te Aka Matua – Provides Council with timely advice on Victoria’s relations with Māori As required Chancellor Māori Advisory communities as they support the development and implementation of the Pro-Chancellor committee strategic plan. Vice-Chancellor Deputy Vice-Chancellor Māori up to twoother Council members Up to two external members At least two Ngāi Tauira student members Human resources Assists Council to meet its responsibility to monitor and evaluate the As required Chancellor (ex officio) (HR) committee Vice-Chancellor’s performance and undertake the Vice-Chancellor’s Pro-Chancellor annual remuneration review. up to two other lay members of Council Victoria Honours Makes recommendations to Council regarding the criteria, conferment or As required Chancellor committee award for/of an honorary degree, Hunter Fellowship, naming rights, or Pro-Chancellor any other honorary award which Council may wish to bestow. Vice-Chancellor two other Council members President of the PGSA Academic staff as per TOR Nominations Panel Ensures Council has the skills, knowledge, diversity and experience for As required Chancellor Victoria to meet the challenges ahead and to achieve its strategic goals. Vice-Chancellor It also oversees the appointment and election of Council members. Academic Board nominee member of Professional Staff VUWSA President or nominee Te Aka Matua nominee two external members

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4.5 Academic Board Section 182(2) of the Education Act 1989 requires Council to establish an academic board to advise Council on matters relating to courses of study or training, awards, and other academic matters. The Academic Board may exercise powers delegated to it by Council and the Vice-Chancellor under sections 222 and 197 of the Education Act 1989. The Academic Board is not a committee of Council, although for convenience it is deemed to be one for the purposes of receiving and exercising delegated authority from Council. The Academic Board is chaired by the Vice-Chancellor (ex officio). The membership, functions and powers of the Board are defined in the Academic Board statute and the Delegations Statute.

4.6 Vice-Chancellor The Vice-Chancellor is Victoria’s Chief Executive and as such is responsible for managing the academic and administrative affairs of the University. The Vice-Chancellor is the employer of all University staff. The Vice-Chancellor is ex officio a member of Council and of all committees of Council except the Audit and Risk and Human Resources committees. One of the key functions of Council is to appoint, and then monitor the performance of, the Vice- Chancellor. The Vice-Chancellor is the link that connects Victoria’s governance (Council) and management functions. All Council authority conferred on management is delegated through the Vice-Chancellor so that the authority and accountability of management is considered to be the authority and accountability of the Vice-Chancellor so far as Council is concerned. Between Council meetings the Chancellor maintains an informal link between Council and the Vice- Chancellor, expects to be kept informed by the Vice-Chancellor on all important matters, and is available to the Vice-Chancellor to provide counsel and advice where appropriate. Only decisions of Council acting as a body are binding on the Vice-Chancellor. Individual Council members, officers or committees should not give decisions or instructions to the Vice-Chancellor except in those instances where specific authorisation is given by Council. Accountability of Vice-Chancellor to Council The Vice-Chancellor is accountable to Council for management of the University. At each of its normal monthly meetings Council expects to receive from or through the Vice-Chancellor: ∑ Operational and other reports and proposals; and ∑ Such other information and assurances as Council considers necessary.

4.7 Secretary to Council The Secretary to Council is responsible for ensuring that Council procedures are followed, that the applicable rules and regulations for the conduct of the affairs of Council are complied with and for all matters associated with the maintenance of Council or required for its efficient operation. All Council members have access to the advice and services of the Secretary’s office. The role of the Secretary includes:

∑ Working closely with the Chancellor to organise Council’s work programme and related meetings; ∑ Preparing, publishing and distributing Council and Council committee papers including agendas and minutes; ∑ Maintaining Council’s register of interests and conflicts of interest; ∑ Preparing the Council section of the Annual Report; ∑ Ensuring Council related information on the Victoria website is current; ∑ Administering Council fees and expenses; ∑ Organising continuing professional development for Council; ∑ Managing elections and external appointments of Council members;

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∑ Providing executive advice and support to the Chancellor (including for graduation, key events, communication, and other logistics); ∑ Liaising with TEC and the Minister’s office on behalf of Council; ∑ Managing information requests from Council members to University staff through the Vice- Chancellor; and ∑ Being the key contact point for all matters relating to Council.

4.8 General Counsel General Counsel is responsible for the provision of constitutional and legal advice. In relation to Council business this may include: ∑ Advice on interpretation and application of relevant legislation; ∑ Advice on appropriate procedure; ∑ Advice on the creation, interpretation and application of Council’s own procedural documents including Standing Orders, Code of Conduct and Terms of Reference for committees, boards and advisory bodies; and ∑ Engaging external legal services when required. Any request for, and provision of, legal advice should be directed through the Chancellor or, in relation to a committee, the chair of that committee.

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5 COUNCIL PROCESSES AND PROCEDURES This section sets out how Council operates.

Work Decisions programme Meetings + approvals + papers

Council takes a disciplined approach to performing its role, with emphasis on strategic issues and policy. Council members must always act within any limitations imposed by Council on its activities.

5.1 Annual work programme Council works to a set timetable throughout the year. Council accomplishes its work through a series of Council meetings and Council committee meetings.

5.1.1 Council meetings Council normally holds formal meetings at six-weekly intervals during standard business hours from approximately 9 am to 4 pm. Council may also hold additional meetings as the occasion requires. Formal Council meetings and Council committee meetings are conducted in accordance with Council’s Standing Orders. These may be amended from time to time by Council as Council sees fit, and they are also reviewed by the Secretary to Council and General Counsel on an annual basis to ensure that they remain current and relevant. Members are expected to use their best endeavours to attend all Council meetings and to prepare thoroughly. Members are expected to participate fully, frankly and constructively in Council discussions and other activities and to bring the benefit of their particular knowledge, skills and experience to the Council table. Council discussions are expected to be open and constructive, recognising that genuinely-held differences of opinion can, in such circumstances, bring greater clarity and lead to better decisions. The chair of the meeting will endeavour to seek a consensus in Council but may, if necessary, call for a vote. Minutes are prepared for all formal Council and Committee meetings. These summarise the items considered and the decisions made. Minutes are normally provided within one week of each meeting.

5.1.2 Council committee meetings Council committee meetings are held in accordance with the agreed timetable and the terms of reference for each specific committee. Meetings of standing committees are publicly notified on Victoria’s website. Minutes of committee meetings are reported back to Council by inclusion in the agenda for the next Council meeting.

5.1.3 Council workshops From time to time Council holds a workshop to look at particular topics in more detail. Workshops are not formal meetings of Council and are therefore not open to the public. The chair of the workshop decides the extent to which the proceedings of workshops are recorded and reported back to Council.

5.1.4 Council performance evaluation Council will assess its performance on an annual basis. This process may include obtaining input from external parties.

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5.2 Items for Council consideration

5.2.1 Agenda Council has sole authority over its agenda, and the Chancellor is responsible, in consultation with the Vice-Chancellor and the Secretary, for determining the agenda for each Council meeting. This is generally determined based on the annual work programme, matters arising from previous Council meetings and Council committees, and on new items put forward for consideration. Any person may, through the Chancellor, request the addition of an item to the agenda. At each ordinary meeting the interests register is updated as necessary and Council considers: ∑ A report from the Chancellor; ∑ Reports from Council committee chairs; ∑ A report from the Vice-Chancellor; ∑ A performance report (including financials and major projects) ∑ A Health and Safety report; and ∑ Reports on activities from other areas of Victoria’s activities as appropriate. The sequencing and the allocation of time to items is determined based on the strategic importance of the item and the range of other items that need to be considered at each meeting. Each Council meeting has a public session and a public-excluded session. This is a critical part of agenda planning.

5.2.2 Council papers Council papers (including formal notice of meeting and agenda) are distributed to Council members using Diligent Board books. Council papers are usually made available at least three calendar days before meetings. Late papers are only accepted where this has been agreed in advance by the Chancellor. Papers are expected to use the standard template for Council and Committee papers. This template is available from the Secretary to Council.

5.3 Interactions with University staff It is expected that from time to time Council members will need to interact with members of staff. While this is generally encouraged, as it enables Council collectively to obtain a broader understanding of how Victoria is operating, it is also important for Council members to understand that they do not have authority to direct staff to provide information or undertake other activities unless specifically authorised to do so by the Chancellor or Vice-Chancellor. It is expected that all interactions between Council members and University staff will be conducted in an open and transparent manner to ensure there are no surprises. The Secretary to Council can facilitate interactions between Council and the appropriate University staff, keeping the Chancellor and Vice-Chancellor informed. If University staff are approached directly by Council members, they are expected to advise their manager, who in turn may redirect the request to the Vice-Chancellor’s Office.

5.4 Dealing with disruptions by members of the public If a Council meeting is disrupted by members of the public during the public section of a meeting (to the extent that reasonable debate by Council is prevented, or Council members feel threatened harassed or intimidated) then Council will manage the situation in accordance with the provisions of section 50 of the Local Government Official Information and Meetings Act 1987.

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6 OTHER GUIDANCE FOR COUNCIL MEMBERS This section addresses other topics relevant to Council members.

Support Appoint Induct Serve + Review Admin

6.1 Induction At the start of each year, and on any occasion when a new person joins Council, an induction programme is run for all new Council members. This is intended to ensure that all Council members have a good (and consistent) understanding of Victoria and the environment and markets in which it operates. As part of the programme, members receive essential Council and University information and meet key members of the management team. Having a good understanding of the context, purpose, organisation and processes of Council and the University is vital for Council to be able to operate as a high-performing team. The induction programme ensures that: ∑ New Council members are brought up to speed; ∑ Council as a whole understands the work programme for the year ahead; and ∑ Council understands its current mix of knowledge, skills, experience and diversity.

6.2 Individual roles and responsibilities As well as attending all Council meetings and workshops, Council members are also expected to serve on one or more Council committees. Council members are expected to keep themselves abreast of changes and trends in Victoria’s environment and markets and in the economic, political, social and legal climate generally. Council members are welcome and encouraged to attend Victoria’s graduation ceremonies. There are seven ceremonies in May and five in December. Council members are expected to perform their individual duties under section 176A of the Act in accordance with Council’s Code of Conduct and in accordance with all relevant University statutes (such as the Conflicts of Interest Statute). Council members must not act as spokesperson for, or make any public comment on behalf of, Council or Victoria unless specifically authorised to do so by the Chancellor or Vice-Chancellor. Council members, as officers of Victoria, must also ensure that they exercise due diligence to ensure that Victoria complies with its duties and obligations under the Health and Safety at Work Act 2015.

6.3 Fees, allowances and travel costs Council members may be paid fees in accordance with section 179 of the Education Act 1989. Actual out of pocket expenses (such as travel costs) may also be claimed. Where travel on Council business is required, the University will make the travel arrangements and cover the cost. Travel must be approved in advance by the Chancellor.

6.4 Insurance Victoria maintains a comprehensive portfolio of insurance policies. This section provides an overview of the main insurance policies relevant to Council members.

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6.4.1 Directors & Officers This policy covers both individual Council members as well as the University itself for claims made against Council members for wrongful acts in the discharge of their University duties. The policy covers both defence costs and settlements of claims.

6.4.2 Statutory Liability This policy covers both individual Council members as well as the University itself for claims alleging unintentional breaches of New Zealand statutes. The policy covers both defence costs and penalties awarded against an insured (although there are some exceptions; for instance, fines following breaches of Health and Safety legislation cannot be insured).

6.4.3 Trustees Liability This policy covers claims made against trustees in the discharge of their duties on behalf of a Trust (or fund). The policy covers defence costs, damages and judgements against trustees.

6.4.4 General requirements Council members are required to complete a very brief declaration annually for the purposes of the renewal of the University’s liability policies. The declaration typically asks whether the Council member has been involved in any companies that have been in receivership or liquidation and whether there has ever been a claim against him or her in the capacity as a Council member or a director, officer or senior employee of any entity. All policies also require prompt notification of any circumstance which could give rise to a claim. A failure to do so may void the insurance cover. Such notifications are to be made in the first instance to Secretary to Council.

6.5 Independent professional advice Any Council member is entitled to obtain independent professional advice relating to his or her responsibilities as a member. If a member considers such advice is necessary the member is expected to first discuss it with the Chancellor.

6.6 Information access and technology

6.6.1 Information access Council members are given digital access to all Council papers and related material via Diligent Boardbooks which ensures timely, effective and secure provision of Council information. This is the only University provided system that Council members are required to access as a Council member. Council members may also have an [email protected] email address if they wish. Council members are allowed access to Victoria’s library. Council members do not require (and are not provided with) University identity or access cards. Council members who do not have access to suitable technology may make arrangements to borrow the necessary equipment for the duration of their term. Free WiFi is available on all University campuses.

6.6.2 Information security Council members are expected to keep all information relating to Council and Victoria secure. If Council members have reason to believe that there may have been any loss of, or inappropriate access to, University information in their care, they should advise Secretary to Council as soon as possible.

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6.7 Physical security on campus Campus security can be contacted on 04-463 5398.

6.8 Self-evaluation As part of Council’s goal to be a high-performing Council, Council members are expected to periodically self-evaluate their performance, and to take any appropriate steps in response to the outcome of this evaluation.

6.9 Training and development Council has a “boardWide” corporate membership of the IoD which provides all Council members full IoD membership benefits (except voting rights). Council expects that all Council members will attend basic governance training.

6.10 Declarations After becoming a member of Council, and whenever circumstances change after that, Council members are required to complete a number of formal declarations. These include: ∑ Details for Register of Interests. These interests will be published in the Annual Report; ∑ Insurance declaration; and ∑ A declaration to confirm that: ∑ The person is not disqualified from appointment under section 171A of the Education Act 1989 or section 16 of the Charities Act 2005 (for example as an undischarged bankrupt); and ∑ The person agrees to comply with Council’s Standing Orders and Code of Conduct. The Secretary to Council arranges the completion of these declarations.

6.11 Where to get more information More information may be obtained from: ∑ Chancellor, Pro-Chancellor and Vice-Chancellor; ∑ Secretary to Council; ∑ General Counsel; and ∑ Victoria website and other websites (such as TEC, legislation.govt.nz, Ministry of Education, etc.)

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Appendices

Appendix A – Other relevant publications Document name Publisher Link TEC Governance Guide for Council TEC http://www.governance-guide.publications.tec.govt.nz/ Members of Tertiary Education Institutions The Four Pillars of Governance Best IoD https://www.iod.org.nz/Portals/0/_MemberOnly/FourPillars/index.htm Practice (online access for IoD members only) Strategic Plan Victoria http://www.victoria.ac.nz/about/publications/strategic-plan2/strategic-plan.pdf Investment Plan Victoria http://www.victoria.ac.nz/about/publications/investment-plan2/investment-plan.pdf Annual Budget Victoria On board books resource centre Annual Report Victoria http://www.victoria.ac.nz/about/publications/annual-reports2/2014-annual-report.pdf Strategy and policy (page on Victoria’s Victoria http://www.victoria.ac.nz/about/governance/strategy website) List of legislation particularly applicable to Victoria http://www.victoria.ac.nz/about/governance/strategy/new-zealand-legislation2/legislation-applicable-to- Victoria University of Wellington victoria-university.pdf Detailed legislation Parliamentary http://www.legislation.govt.nz/ Counsel Office

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Appendix B – Additional papers provided to Council members only The following working papers are provided (via Boardbooks) to Council members on a regular basis whenever they are created and or updated. Document name Description Meeting schedule Schedule setting out the timetable of Council and committee meetings Work programme Schedule setting out the particular topics to be considered by Council across the year Council member contact list Details of Council members’ contact details Council member profiles Profiles of Council members Victoria University management Details structure Victoria University management team Details of University management team contact details contact list Victoria University management team Profiles of University management team members profiles

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Te Tiriti o Waitangi Statute

1. Purpose a) The purpose of this Statute is to outline the principles adopted by Council to enact the University’s obligations that derive from section 181(b) of the Education Act 1989. b) As a university, we embrace the Treaty of Waitangi as one of our distinctive qualities. The principles, as articulated in this Statute, enable Victoria University of Wellington to realise opportunities under Te Tiriti o Waitangi/Treaty of Waitangi to further advance the University and contribute to the betterment of New Zealand society.

2. Application of Statute a) This Statute applies to staff members, students, and Council members of the University.

Statute Content

3. Principles a) The following principles have been drawn from Te Tiriti o Waitangi, New Zealand case law, Waitangi Tribunal reports, Crown policy documents, the University’s governance documents, and mātauranga Māori. b) The principle of Kāwanatanga stems from Article One of Te Tiriti o Waitangi, which used Kāwanatanga to mean governance. In the context of the University, this means that the Council has an obligation to provide good governance for the University as a whole and to act reasonably and in good faith, including with its Māori staff, students and stakeholders. c) The principle of Rangatiratanga recognises Māori autonomy and self-determination, as guaranteed in Article Two of Te Tiriti o Waitangi. In the context of the University, it means encouraging senior Māori leadership roles and entities, spaces and events where tikanga Māori prevails, and engagement with and rights over te reo and mātauranga Māori. d) The principle of Options (Kōwhiringa) acknowledges Māori rights to pursue their own personal direction, whether that be in accordance with tikanga Māori or not. In the context of the University, this means that Māori staff and students have a choice about whether or not to access Māori specific processes, services or support within the University environment. e) The principle of Partnership (Mahi tahi) requires Māori and the Crown to work together for mutually beneficial outcomes. In the context of the University, this Principle underpins the integrity of the relationships formed between the University and its Māori stakeholders. f) The principle of Kaitiakitanga (Protection) ensures Māori rights and interests are actively protected through honourable conduct, fair processes, robust consultation and good decision- making. In the context of the University, this means actively protecting Māori student, staff and stakeholder rights and interests in relation to University activities. g) The principle of Participation (Whai wāhi) ensures that Māori are fully involved in all parts of New Zealand society. In the context of the University, it requires the University to ensure Māori representation in key decision-making bodies and the involvement of Māori across all parts of the University.

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h) The principle of Equality (Rite tahi) focuses on providing an environment that supports equitable Māori outcomes. In the context of the University, it means actively working towards achieving equitable outcomes for Māori students and staff. i) The principle of Redress (Whakaoranga) provides for the effective resolution of Māori grievances. In the context of the University, this means actively addressing any inequities for Māori across the institution.

Related Documents and Information

4. Related Documents Education Act 1989 Treaty of Waitangi

5. Document Management and Control Approver Council Approval Date 11 February 2019 Effective Date 11 February 2019 Last Modified Review Date Sponsor Deputy Vice-Chancellor (Māori) Contact Person Deputy Vice-Chancellor (Māori) Ext: 5303

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Standing Orders of Council

Introduction These Standing Orders set out rules for meetings of Council and its committees. They incorporate and extend the rules set out in sections 177 and 178 of the Education Act 1989. They also incorporate key requirements of Part 7 of the Local Government Official Information and Meetings Act 1987 which apply to Council and its committees.

Interpretation The Chancellor (or other member presiding) is responsible for ruling on any question about the interpretation or application of these Standing Orders and for deciding cases not otherwise covered.

Definitions In these Standing Orders: Chancellor means the Chairperson of Council Council means the Council of the University EA means the Education Act 1989 LGOIMA means the Local Government Official Information and Meetings Act 1987 member presiding means the Chancellor, Pro-Chancellor or whoever is presiding at a meeting Pro-Chancellor means the Deputy Chairperson of Council Secretary means the Secretary to Council University means Victoria University of Wellington Vice-Chancellor means the Chief Executive of the University

Meetings 1. Ordinary meetings of Council will be held at such places and times as the Chancellor determines are necessary for the efficient performance of the functions of Council (EA sections 178(1) and (2)). 2. The Chancellor may at any time of his/her own motion call a special meeting of Council. 3. If requested by written notice by at least three members of Council, the Chancellor must convene a special meeting (EA section 178(3)). 4. If there is no Chancellor, or for any reason the Chancellor is not available, the Pro-Chancellor has the powers and duties of the Chancellor under orders 1, 2 and 3 (EA section 178(4)).

Quorum 5. No business may be transacted at a Council meeting unless a majority of Council members are present (EA section 178(5)). Business can be progressed by email between meetings but must be ratified at the next Council meeting.

Notice of meeting 6. Notice of every Council meeting must be sent to each member at a contact address they have provided (which may be an email address). The notice must be sent at least five or, in the case of email or other electronic format, three calendar days before the date of the meeting and must specify the business to be transacted.

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7. If the Chancellor or a majority of Council believes that an urgent meeting is required, he or she or they may call a meeting on such period of notice as he or she determines (which may, in cases of emergency, be less than 24 hours). Notice of an urgent meeting may be given or sent by any form of communication (including telephone or email) to contact details held for the relevant Council member. In the absence or unavailability of the Chancellor, the Pro-Chancellor may exercise the Chancellor's powers under this clause. 8. Failure to send or receive a notice of meeting does not invalidate proceedings at that meeting.

Chancellor and Pro-Chancellor 9. The Council must elect one of its members to be the Chancellor, and another of its members to be the Pro-Chancellor (EA section 177(1)). The election must be for a stated period, not exceeding the elected member's unexpired term of office as a member of Council (EA section 177(2A)). 10. A member of Council who is the Vice-Chancellor, a member of staff or a student enrolled at the University is not eligible for election as the Chancellor or Pro-Chancellor (EA section 177(3)). 11. The Chancellor and Pro-Chancellor hold office for the period for which they are elected, but are eligible for re-election (EA section 177(4)). If the term of office of the Chancellor or Pro-Chancellor expires before a successor is elected, he or she continues in office until a successor is elected (EA section 177(5)). 12. The election process will be supervised by the Secretary, who will provide formal notice of the date of the election, receive nominations and, if there are two or more nominations for one office, conduct a secret ballot. 13. The Chancellor will preside at every Council meeting at which he or she is present (EA section 178(6)). 14. If the Chancellor is not present at a Council meeting but the Pro-Chancellor is present, the Pro- Chancellor will preside (EA section 178(7)). 15. If neither the Chancellor nor the Pro-Chancellor is present at a meeting, the members present will appoint one of their number to preside (EA section 178(8)). 16. At any time during the meeting the member presiding may request any member present to take the chair temporarily as acting member presiding.

Attendance 17. A meeting of Council may be held either: a) by a number of members who constitute a quorum being assembled together at the place, date, and time appointed for the meeting; or b) where approved by the Chancellor (or Pro-Chancellor in the Chancellor’s absence) by means of audio, or audio and visual, communication by which all members participating and constituting a quorum can simultaneously hear each other throughout the meeting.

Conflicts of interest 18. A member of Council who has an interest in a matter being considered or about to be considered, must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of Council (EA section 175(1)). 19. A disclosure under order 18 must be recorded in the minutes of the meeting and the member must not, unless Council decides otherwise: (a) be present during any deliberation with respect to that matter; or (b) take part in any decision with respect to that matter (EA section 175(2)). 20. For the purposes of orders 18 and 19, a person has an interest in a matter if, and only if, the matter relates to the conditions of service of the person as Vice-Chancellor or a member of the staff of the University or the person has any other direct or indirect pecuniary interest in the matter (EA section 175(3)).

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21. The University’s Conflict of Interest Statute (and any associated procedures) will apply to the identification, disclosure and management of a conflict of interest of a Council member to the extent consistent with these Standing Orders.

Voting 22. Every question before Council at a meeting will be decided by a majority of the votes cast on it by the members present (EA section 178(9)). 23. At any meeting of Council the member presiding has a deliberative vote on every question and, on any question where the deliberative votes for and against are equal, also has a casting vote (EA section 178(10)). 24. Voting will be by voices and the member presiding will declare the result of the voting. Unless a show of hands or secret ballot is called for, his/her declaration of the result will be final. 25. At any time before the member presiding declares the result of a vote, any member may request voting to be by show of hands or secret ballot. (a) If a show of hands is requested, the member presiding will call for a show of hands and will declare the result. (b) If a secret ballot is requested, the Secretary will conduct a secret ballot and will declare the result. 26. When a question is decided by a show of hands, any member may request each member’s vote be recorded in the minutes. Unless any three members object, the Secretary will ensure they are recorded. 27. A member who has voted against a resolution, or has abstained from voting, may request that this fact be recorded in the minutes and, if requested, the Secretary must ensure it is recorded.

Business 28. The Chancellor, in conjunction with the Vice-Chancellor and Secretary, will decide the agenda for each Council meeting. 29. Matters put forward to Council should be appropriate for Council to consider in accordance with its statutory role. 30. Members of the University community or other persons who wish to put forward items for inclusion on the agenda of a Council meeting must notify the Secretary in writing at least two weeks prior to the meeting of Council. The decision on whether or not to include such items on the agenda will be made in accordance with order 28, having regard to order 29. 31. An item of business that is not on the agenda for a meeting of Council may be discussed at the meeting if it is a minor matter relating to the general business of Council. The member presiding must explain at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed. No resolution, decision or recommendation may be made in respect of such an item except to refer it to a subsequent meeting for further discussion (LGOIMA section 46A(7A)). 32. An item of business that is not on the agenda for a meeting of Council may be dealt with at the meeting if Council so resolves. The member presiding must explain at the meeting, at a time when it is open to the public, the reason why the item is not on the agenda and why discussion of the item cannot be delayed until a subsequent meeting (LGOIMA section 46A(7)). 33. At any special meeting of Council no business may be transacted other than the business specified in the notice of the meeting and reasonably incidental matters.

Procedures 34. The member presiding will have general control over the procedure to be followed at a meeting, and power to make binding rulings on the procedure to be followed. 35. Without limiting order 34, the member presiding may in his/her discretion at any stage of the meeting:

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(a) impose speaking time limits on each member speaking on a matter; or (b) rule that no member may speak more than once on a matter.

Admission of media and public 36. Media representatives and other members of the public may be admitted to Council meetings in accordance with the provisions of the Local Government Official Information and Meetings Act 1987 and may also be excluded from Council meetings in accordance with the provisions of that Act (LGOIMA sections 48 and 50). 37. A person who is not a Council member may be invited to speak at a Council meeting at the discretion of the member presiding.

Committees and delegation of powers 38. The Council may establish boards or other bodies within the University to give advice to Council (EA section 193(2)(i)). 39. The Council may appoint committees consisting of such persons, whether or not members of Council, as Council determines to exercise delegated powers under EA section 222 and such powers as are conferred on them by statutes made by Council. The Council may alter, discharge and reconstitute committees so appointed (EA section 193(3)). 40. The quorum of a board, advisory body or committee to which Council has delegated power will be a majority of the members unless the Terms of Reference for that board, advisory body or committee state otherwise. 41. The chairs of Council committees will be appointed annually by Council, on the recommendation of the Chancellor. This does not apply to the Academic Board or where otherwise provided in University statutes or law. 42. Boards, advisory bodies and committees of Council must operate under terms of reference approved by Council and in accordance with these Standing Orders, which will apply to them with all necessary changes. In the event of conflict between any terms of reference and these Standing Orders, the terms of reference will prevail, unless the Standing Orders reflect legal requirements.

Minutes 43. Accurate minutes must be kept of the proceedings of meetings of Council, and of any board, advisory body or committee. Minutes will be reasonably promptly circulated following the meeting to all members of the Council or relevant Committee. The next appropriate meeting will formally approve the minutes when they have been accepted as a true and correct record of proceedings.

Alteration of Standing Orders 44. Except where these Standing Orders embody statutory provisions, they may be amended by ordinary resolution passed at any meeting of Council. Notice of intention to propose an alteration of Standing Orders and of the terms of the proposed alteration must be included in the relevant notice of the meeting.

Suspension of Standing Orders 45. Standing Orders may be suspended, with the unanimous consent of the meeting, in regard to any item of business. The suspension will not apply to Standing Orders which reflect legal requirements.

Review of Standing Orders 46. Standing Orders will be reviewed on an annual basis.

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119 Code of Conduct Council of Victoria University of Wellington

Purpose of the Code This Code sets out expected standards of conduct for Council members. It should be read in conjunction with applicable legislative requirements.

Code of Conduct for Council Members When acting as a Council member in any circumstance, Council members must: 1. behave in a way that reflects and upholds the values of Victoria University as contained in the Strategic Plan; 2. comply with the individual duties in section 176A of the Education Act 1989 (set out below); 3. accept and support all Council decisions once made. Council operates under the principle of collective responsibility; 4. accept and, together with other Council members, ensure that Council can undertake its statutory responsibilities, duties and functions; 5. uphold the principles of being a good employer; 6. avoid, to the extent possible, any conflicts of interest. Where an interest in a matter being considered or about to be considered by Council arises, promptly disclose that interest in accordance with the Standing Orders; 7. not direct the actions of or raise concerns with individual members of University staff unless authorised to do so by the Chancellor or Vice-Chancellor. 8. not act as spokesperson for, or make any public comment on behalf of, Council or the University unless specifically authorised to do so by the Chancellor (in consultation with the Vice-Chancellor, where appropriate); and 9. be familiar with the operations of the University and the environment in which it operates.

Breach of Duties or the Code A breach of any of the individual duties in section 176A of the Education Act 1989, or this Code of Conduct, may result in removal from office under sections 176C and 176D of the Act.

176A Individual duties of members of councils (1) A member of the council of an institution, when acting as a member of the council in any circumstances,— (a) must— (i) act with honesty and integrity; and (ii) act in the interests of the institution as a whole; and (iii) act in a manner that promotes the performance of the functions characteristic of an institution of the kind to which he or she belongs, and the duties of the council; and (iv) act in good faith, and not pursue his or her own interests at the expense of the council’s interests; and (b) must exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account— (i) the nature of the institution; and (ii) the nature of the action; and (iii) the position of the member as a member of the council of an institution, and the nature of the responsibilities undertaken by him or her; and (c) must not disclose any information to which subsection (3) applies to any person, or make use of, or act on, that information, except— (i) in the performance of the council’s functions; or (ii) as required or permitted by law; or (iii) if he or she has earlier been authorised to do so by the council; or (iv) if disclosing, making use of, or acting on it will not, or will be unlikely to, prejudice the council or the institution; or (v) in complying with requirements for members to disclose interests. (2) The fact that a member of the council of an institution was appointed by the council in accordance with a statute providing for the appointment of a member (or 2 or more members) to represent the interests of a stated institution or of people or institutions of a stated description does not displace or limit the member’s duty under subsection (1)(a)(ii) to act in the interests of the institution as a whole. (3) This subsection applies to information that— (a) a member of the council of an institution has in his or her capacity as a member of the council; and (b) would not otherwise be available to him or her. (4) Subparagraphs (i) to (iii) of paragraph (b) of subsection (1) do not limit the generality of that paragraph.

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Audit and Risk Committee Terms of reference

1 Introduction The Audit and Risk Committee is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987, the Health and Safety at Work Act 2015 and Standing Orders of Council. The Committee’s scope encompasses the University and its subsidiaries and controlled entities.

2 Purpose and responsibilities 2.1 The purpose of the Committee is to assist Council to discharge its governance responsibilities in relation to oversight of strategic, financial and operational risk management, health and safety management, internal and external audit, statutory financial reporting and legislative compliance. 2.2 The scope of the Committee is outlined below.

2.3 Strategic and Operational Risk a) Risk management framework. b) Quarterly strategic & operational risk status reports. c) Disaster management and business continuity planning. d) Annual insurance plan.

2.4 Health and Safety a) Health & safety policy and management systems. b) Quarterly health & safety report.

2.5 External Audit a) Recommend appointment of external auditors, terms of reference and their remuneration. b) Annual external audit plan. c) External auditors report & opinions. d) Status of open audit items

2.6 Internal Audit a) Internal Audit Plan (to be approved by the Committee along with any subsequent changes to the Plan) b) Recommend appointment of internal auditors. c) Internal audit reports d) Status of open audit items 2.7 Statutory Financial Reporting a) Annual financial statements, accounting polices and annual report.

2.8 Legislative Compliance a) Legislative compliance policy.

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b) Annual legislative compliance status report.

2.9 Independence

In addition to the scope above, the Committee will assure the independence of the Audit function by: a) Reviewing and ratifying the appointment or dismissal of the Director, Safety Risk Assurance.. b) Acting as an independent reporting channel for the external and internal audit functions to report any matters of concern which involve senior management and/or where senior management is conflicted. c) Considering any difficulties encountered in the work, and any restrictions placed on the scope of work or access to required information or personnel.

2.10 General

The Committee will maintain oversight of specific audit and risk issues and examine other matters as required by Council.

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference. 3.2 The Committee, through the Chair, is authorised by Council to investigate any activity within its terms of reference. All staff members will be directed to cooperate with any reasonable request. 3.3 The Committee, through the Chair, is authorised by Council to obtain outside legal or other independent professional advice and to arrange for the attendance of outside parties with relevant experience and expertise at meetings. General Counsel will be consulted before obtaining outside legal advice. These services will be funded from the Council cost centre. If the resulting expenditure will exceed the approved budget, then the Committee will need to consult with Council and obtain its approval at the next Council meeting. 3.4 Nothing in this terms of reference limits the responsibility and authority of the Vice-Chancellor to commission internal audits and reviews to be undertaken at any time. The Committee will be consulted or informed of any such audits as appropriate.

4 Membership 4.1 Unless Council decides otherwise the membership of the Committee will be as follows: a) The Chancellor and/or the Pro-Chancellor; b) Up to five other members of Council appointed by the Council each year on the recommendation of the Chancellor. 4.2 Council will, each year on the recommendation of the Chancellor, appoint a Committee Chair from among the members of the Committee. The Vice-Chancellor and any staff or student members of the Committee will not be eligible for appointment as Committee Chair.

5 Meetings 5.1 The Committee will meet at least four times a year as determined by the Chair or as otherwise requested by Council. 5.2 A quorum at meetings of the Committee will be three Members, one of whom must be the Chancellor, Pro-Chancellor or Committee Chair. 5.3 Meetings will be chaired by the Chair, or in their absence by another member of the Committee as decided by the members of the Committee present at the meeting.

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5.4 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.5 The Committee Chair will appoint a Secretary of the Committee in conjunction with the Secretary to Council. 5.6 The Standing Orders of Council will apply to any meetings of the Committee except to the extent inconsistent with these Terms of Reference.

6 Information and reporting 6.1 The Committee will maintain direct lines of communication with the Vice-Chancellor, the Director, Safety Risk Assurance and the external auditors. 6.2 The Director, Safety Risk Assurance and external auditors are encouraged to meet with the Chair of the Committee independent of University management. 6.3 The Committee may receive advice from external parties who have relevant expertise and experience. 6.4 In addition to provision of scheduled information and reports, the Vice-Chancellor is responsible for drawing to the Committee’s attention any material matter that appears likely to create a significant risk for the University in relation to audit and risk matters. 6.5 After each meeting of the Committee the Chair will report the Committee's findings, conclusions and recommendations to Council. 6.6 The confirmed minutes of all Committee meetings will be circulated to members of Council, the Vice-Chancellor and to any other people as Council and the Vice-Chancellor direct.

7 Review 7.1 The Committee will undertake an annual review of its responsibilities and activities and report to Council on that review.

8 Key dates These terms of reference were approved on: 21 March 2016 by Council These terms of reference take effect from: 21 March 2016 These terms of reference were amended on: 12 December 2016 by Council 27 February 2017 by Council 26 February 2018 by Council

9 Delegation by Council In accordance with section 222(1) of the Education Act 1989, Council delegates to the Audit and Risk Committee all functions and powers necessary to discharge its responsibilities in accordance with these terms of reference.

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Finance Committee Terms of reference

1 Introduction The Finance Committee is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987 and Standing Orders of Council. The Committee’s scope encompasses the University and its subsidiaries and controlled entities.

2 Purpose and responsibilities 2.1 The purpose of the Committee is to assist Council to discharge its governance responsibilities in relation to financial planning, capital management and financial performance. 2.2 The Committee will review the areas listed below, provide feedback to management and to Council. 2.3 Financial planning a) Long term financial and capital plans to support the Strategic Plan. b) The business plan, budget and statutory Investment Plan. c) Business cases for major investments. 2.4 Capital management a) Treasury policy b) Funding strategy c) New funding facilities and/or transactions outside the Vice-Chancellor’s delegated authority 2.5 Financial performance a) Periodic review of business performance1 versus approved business plan b) Review of quarterly Treasury report Note: The Audit & Risk Committee is responsible for reviewing the Annual Report and Financial Statements

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference.

4 Membership 4.1 Unless Council decides otherwise the membership of the Committee will be as follows: a) The Chancellor and/or the Pro-Chancellor; b) The Vice-Chancellor; and c) Up to five other members of Council appointed by Council each year on the recommendation of the Chancellor.

1 Includes performance versus budget

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4.2 Council will, each year on the recommendation of the Chancellor, appoint a Committee Chair from among the members of the Committee. The Vice-Chancellor and any staff or student members of the Committee will not be eligible for appointment as Committee Chair.

5 Meetings 5.1 The Committee will meet at least four times a year as determined by the Chair or as otherwise requested by Council. 5.2 A quorum at meetings of the Committee will be three Members, one of whom must be the Chancellor, Pro-Chancellor or Committee Chair. 5.3 Meetings will be chaired by the Chair, or in his or her absence by another member of the Committee as decided by the members of the Committee present at the meeting. 5.4 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.5 The Committee Chair will appoint a Secretary of the Committee in conjunction with the Secretary to Council. 5.6 The Standing Orders of Council will apply to any meetings of the Committee except to the extent inconsistent with these Terms of Reference.

6 Information and reporting 6.1 In addition to provision of scheduled information and reports, the Vice-Chancellor is responsible for drawing to the Committee’s attention any material matter that appears likely to create a significant risk for the University in relation to financial matters. 6.2 After each meeting of the Committee the Chair will report the Committee's findings and conclusions to Council. 6.3 The confirmed minutes of all Committee meetings will be circulated to members of Council, the Vice-Chancellor and to any other people as Council and the Vice-Chancellor direct.

7 Review 7.1 The Committee will undertake an annual review of its responsibilities and activities and report to Council on that review.

8 Key dates These terms of reference were approved on: 21 March 2016 by Council These terms of reference take effect from: 21 March 2016 These terms of reference were amended on: 12 December 2016 by Council 27 February 2017 by Council 26 February 2018 by Council

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9 Delegation by Council In accordance with section 222(1) of the Education Act 1989, Council delegates to the Finance Committee all functions and powers necessary to discharge its responsibilities in accordance with these terms of reference.

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Te Aka Matua Kōmiti – Māori Advisory Committee Terms of reference

1 Introduction The Te Aka Matua Kōmiti – Māori Advisory Committee is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987 and Standing Orders of Council. The Committee’s scope encompasses the University and its subsidiaries and controlled entities.

2 Purpose and responsibilities 2.1 The purpose of the Committee is to assist Council to discharge its governance responsibilities in relation to Māori. 2.2 The committee will monitor and provide feedback to management and Council on the areas listed below: a) Meeting Victoria’s Treaty obligations. b) Long term vision and strategic planning for Māori at Victoria. c) Resourcing of the university’s Māori programming. d) Differentiation (comparison with other universities, both domestically and internationally). e) Māori and iwi stakeholder relationships of Council and of the University. 2.3 The Committee will also review business performance on a quarterly basis, including: a) Māori student recruitment, retention and achievement; b) Māori human resource issues including staff capacity; and c) Non-Māori engagement with kaupapa Māori.

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference.

4 Membership 4.1 Unless Council decides otherwise the membership of the Committee will be as follows: a) The Chancellor; b) The Pro-Chancellor; c) The Vice-Chancellor; d) The Deputy Vice-Chancellor (Māori); e) Up to two other members of Council; f) Up to two members not on Council who have strong relationships with Māori communities relevant to the university, appointed for up to a four year term; and g) At least two Ngāi Tauira Executive student members, for a term of at least one year and up to two years. At the time of appointment student members must be members of the Ngāi Tauira Executive but can remain on the Te Aka Matua committee beyond the conclusion of their term on the Ngāi Tauira Executive.

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4.2 Council will, each year on the recommendation of the Chancellor, appoint a Committee Chair from among the members of the Committee.

5 Meetings 5.1 The Committee will meet at least four times a year as determined by the Chair or as otherwise requested by Council. 5.2 A quorum at meetings of the Committee will be a majority of the members of the Committee. 5.3 Meetings will be chaired by the Chair, or in his or her absence by another member of the Committee as decided by the members of the Committee present at the meeting. 5.4 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.5 The Executive Assistant to the Deputy Vice-Chancellor (Māori) will be the Secretary of the Committee. 5.6 The Standing Orders of Council will apply to any meetings of the Committee except to the extent inconsistent with these Terms of Reference.

6 Information and reporting 6.1 After each meeting of the Committee the Chair will report the Committee's findings, conclusions and recommendations to Council. 6.2 The confirmed minutes of all Committee meetings will be circulated to members of Council, the Vice-Chancellor and to any other people as Council and the Vice-Chancellor direct.

7 Review 7.1 The Committee will undertake an annual review of its responsibilities and activities and report to Council on that review.

8 Key dates These terms of reference were approved on: 7 June 2016 These terms of reference take effect from: 7 June 2016 These terms of reference were amended by Council on 26 February 2018 These terms of reference were amended by Council on 26 March 2018 These terms of reference were amended by Council on 29 October 2018

9 Delegation by Council In accordance with section 222(1) of the Education Act 1989, Council delegates to the Te Aka Matua Kōmiti – Māori Advisory Committee all functions and powers necessary to discharge its responsibilities in accordance with these terms of reference.

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Victoria Honours Committee Terms of reference

1 Introduction

The Victoria Honours Committee is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987 and Standing Orders of Council. The Committee’s scope encompasses the University and its subsidiaries and controlled entities.

2 Purpose and responsibilities 2.1 The purpose of the Committee is to: a) Recommend to Council, from time to time, criteria to be considered when proposing Honorary Degrees, Hunter Fellowships and Distinguished Alumni Awards; b) Recommend to the Academic Board and to Council the names of persons considered to be worthy of the conferment of an honorary degree, a Hunter Fellowship or a Distinguished Alumni Award, and the reasons for such recommendations in the context of the Honorary Degrees and Hunter Fellowships Statute and the Committee’s current guidelines for such honours; c) Recommend to Council naming in accordance with the Victoria Naming Statute; d) Oversee the Chancellor’s Lecture and the Chancellor’s Dinner; and e) Recommend to Council, from time to time, the establishment of, and criteria for, any other honorary awards which the Council may wish to bestow.

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference.

4 Membership 4.1 Unless Council decides otherwise the membership of the Committee will be as follows: a) The Chancellor; b) The Pro-Chancellor; c) The Vice-Chancellor; d) Two members of Council who are not members of the Academic Board; e) Two senior members of the academic staff appointed by Council on the nomination of the Chancellor for an initial term of four years, renewable once for a further four year term; f) Three members of the academic staff of different faculties appointed by Council on the nomination of the Academic Board for an initial term of four years, renewable once for a further four year term; g) One member, being a graduate, nominated by the Post Graduate Students' Association and appointed by Council for a term of two years. 4.2 Council will, each year on the recommendation of the Chancellor, appoint a Committee Chair from among the members of the Committee.

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5 Meetings 5.1 The Committee will meet as determined by the Chair or as otherwise requested by Council. 5.2 A quorum at meetings of the Committee will be a majority of the members of the Committee. 5.3 Meetings will be chaired by the Chair, or in his or her absence by another member of the Committee as decided by the members of the Committee present at the meeting. 5.4 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.5 The Secretary to Council will also be the Secretary of the Committee. 5.6 All proceedings under the Honorary Degrees and Hunter Fellowships Statute are confidential and taken in committee. A resolution of Council conferring an honorary degree or a Hunter fellowship is also taken in committee and remains confidential until the award is accepted. 5.7 The Standing Orders of Council will apply to any meetings of the Committee except to the extent inconsistent with these Terms of Reference.

6 Information and reporting 6.1 After each meeting of the Committee the Chair will report the Committee's findings, conclusions and recommendations to Council. 6.2 The confirmed minutes of all Committee meetings will be circulated to members of Council, the Vice-Chancellor and to any other people as Council and the Vice-Chancellor direct.

7 Review 7.1 The Committee will undertake an annual review of its responsibilities and activities and report to Council on that review.

8 Key dates These terms of reference were approved on: 25 July 2016 by Council These terms of reference were amended by Council on: 26 February 2018

9 Delegation by Council In accordance with section 222(1) of the Education Act 1989, Council delegates to the Victoria Honours Committee all functions and powers necessary to discharge its responsibilities in accordance with these terms of reference.

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Council Human Resources Committee Terms of reference

1 Introduction The Human Resources Committee is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987, the Health and Safety at Work Act 2015 and Standing Orders of Council.

2 Purpose and responsibilities The purpose of the Committee is to assist Council to meet its responsibility to monitor and evaluate the Vice-Chancellor’s performance and undertake the Vice-Chancellor’s annual remuneration review.

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference. 3.2 The Committee, through the Chair, is authorised by Council to investigate any activity within its terms of reference.

4 Membership 4.1 The membership of the Committee will be as follows: a) The Chancellor (Chair) b) The Pro-Chancellor c) Up to two lay members of Council 4.2 The Committee Chair will be the Chancellor or such other member of the Committee appointed as Chair by the Council.

5 Meetings 5.1 The Committee will meet as determined by the Chair or as otherwise requested by Council. 5.2 A quorum at meetings of the Committee will be two Members, one of whom must be the Chancellor or Pro-Chancellor. 5.3 Meetings will be chaired by the Chair or in their absence by another member of the Committee. 5.4 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.5 The Committee Chair will appoint a Secretary of the Committee in conjunction with the Secretary to Council. 5.6 The Standing Orders of Council will apply to any meetings of the Committee except to the extent inconsistent with these Terms of Reference.

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6 Information and reporting 6.1 The Committee will maintain direct lines of communication with the Council.

7 Review 7.1 The Committee will undertake an annual review of its responsibilities and activities and report to Council on that review.

8 Key Dates 8.1 These terms of reference were approved on: 26 February 2018 by Council These terms of reference take effect from: 26 February 2018

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Nominations Panel Terms of reference

1 Introduction The Nominations Panel is a committee of Council. It operates within the relevant provisions of the Education Act 1989, the Local Government Official Information and Meetings Act 1987, the Health and Safety at Work Act 2015 and Standing Orders of Council.

2 Purpose and responsibilities 2.1 The purpose of the Committee is to make recommendations to Council on its membership in accordance with the Council Membership Statute. 2.2 In particular, the Nominations Panel is responsible for:

a) identifying and recommending to Council suitable candidates to fill Council vacancies as and when they arise;

b) ensuring that there is an appropriate mix of knowledge, skills, experience and diversity on Council so as to ensure the Council is capable of undertaking its responsibilities, duties and function; and

c) considering any other matters referred to the Panel by Council.

3 Authority 3.1 The Committee has no authority independent of the functions delegated to it by Council in these terms of reference.

4 Membership 4.1 The membership of the Committee will be as follows:

a) The Chancellor (or the Pro-Chancellor where the person holding office as Chancellor is being considered for recommendation) b) a senior member of the University’s academic staff appointed by Council on the nomination of the Academic Board; c) a member of the University’s general staff appointed by Council; d) the President of the Victoria University of Wellington Students’ Association (or nominee); e) a person appointed by Council on the nomination of Te Aka Matua; f) the Vice-Chancellor; g) up to 2 external members appointed by the Council.

4.2 The Panel will be chaired by the Chancellor (or Pro-Chancellor if the person holding office as Chancellor is being considered for recommendation) 4.3 At least two members of the Panel must be graduates of the University.

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4.4 None of the members of the Nominations Panel, other than the Chancellor (or Pro-Chancellor) and Vice Chancellor, may be members of Council.

5 Meetings 5.1 The Panel will meet when convened by the Chair or as requested by the Council. 5.2 A quorum at meetings of the Committee will be three Members, one of whom must be the Chancellor (or Pro-Chancellor). 5.3 The Committee may have in attendance any other people it considers necessary to provide appropriate information and explanations. 5.4 The Chair will appoint a Secretary of the Panel in conjunction with the Secretary to Council. 5.5 The Standing Orders of Council will apply to any meetings of the Panel except to the extent inconsistent with these Terms of Reference.

6 Information and reporting 6.1 The Committee will maintain direct lines of communication with the Council.

7 Review 7.1 The Panel will undertake a periodic review of its responsibilities and activities and report to Council on that review.

8 Key dates These terms of reference were approved on: 29 July 2019 by Council These terms of reference take effect from: 29 July 2019

9 Delegation by Council In accordance with section 222(1) of the Education Act 1989, Council delegates to the Nominations Panel all functions and powers necessary to discharge its responsibilities in accordance with these terms of reference.

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