Appendix 1: Our terms of reference

Inquiry into Auckland City Council’s management of footpaths contracts

10 June 2009

The Auditor-General has decided to carry out an inquiry into the management by Auckland City Council (the Council) of contracts to build and maintain footpaths. This document sets out the terms of reference for the inquiry.

Background

On 4 May 2009, the Council wrote to the Auditor-General asking him to investigate how the Council entered into and managed some of its footpaths contracts, and how the Council investigated claims made about Council staff and contractors in relation to those contracts.

Concerns had been raised publicly about:

• the integrity of the Council’s processes for tendering footpaths contracts;
• alleged overpayments on an earlier footpaths contract; and
• the adequacy of the Council’s investigation of these matters.

The inquiry

The inquiry will be conducted under sections 16(1) and 18(1) of the Public Audit Act 2001. The inquiry will examine aspects of:

• the tendering processes that led to the relevant footpaths contracts being awarded;
• the processes for managing those contracts, including payments made under them; and
• the internal investigations and reviews already carried out by the Council in relation to these contracts.

The inquiry will also consider any other matters that the Auditor-General considers it desirable to report on.

The Auditor-General will decide on the appropriate manner in which to report the findings once the inquiry has been completed.