Council Minutes 17/10/03

DRAFT Minutes of the General Meeting of the Council of InternetNZ Held at the InternetNZ Council Room, L4, 4 Bond Street, Wellington, Friday, 17 October at 12.30pm.

Note - for links to papers etc, see the Agenda.

Status: Accepted at Council Meeting 13/12/03

WELCOME FROM CHAIR

Keith Davidson (President) opened the meeting at 12.33.

ATTENDANCE

Present

• Keith Davidson (President), David Farrar (Vice-President), Michael Wallmannsberger (Secretary), Chris Streatfield (Treasurer), Bill Parkin, Simon Riley, Jonathan Ah Kit, Grant Forsyth, David Harris, Jennifer Northover, Michael Sutton and Peter Macaulay (Executive Director)

In Attendance

• Frank March, Debbie Monahan NZOC for Item 8 (12.30 - 12.54)
• Lee Sycamore, Observer
• Zofia Krawczyk, Office Administrator - audio recording
• Gale Blikshavn, Minute Taker

Apologies

• Drew Whittle, Nick Wallingford and Roger De Salis. Grant Forsyth would be late.

MOVED: (Bill Parkin, seconded Keith Davidson): "THAT apologies be accepted."

CARRIED U

1. NZOC Report (brought forward)

Frank March presented the August Report . A planning meeting had been held on 29 September where they went through the strategic planning exercise and came up with 7 goals for including in the strategic plan. A draft strategy report had been created but no feedback had been received from Council. It was noted that the shape of the budget and work plan had been discussed. A legal view on how all policies fitted together was required and to ensure that policies were consistent including reviewing roles and responsibilities in the long term (2005).

Concern was noted from NZOC on SRS August report in particular the issue of the dropouts which dropped performance below requirements for the third month out of the previous five. Frank wrote to SRS and expects a reply in due course. The problem was within the redundancy system, which created the dropouts. However NZOC wished to record appreciation of SRS in reducing the number of outages as their response was very good and it was noted that the September report had achieved 100%.

Apologies were noted for the lack of the International Review Report as NZOC was waiting on feedback and a draft report will be available for comment in the near future. The President noted to NZOC that at the December Council Meeting they would approve the 2004 Business Plan and the International Review report was required to be available to Council within three weeks so it could be incorporated into the plan.

Debbie Monahan updated Council on recent correspondence from the Commerce Commission to Mr Rafferty and also noted that the prize draw had been held under police supervision and won by a charity trust in Taupo who would be able to re raffle it.

Cr Riley thanked the committee for their strategic plan and noted that it would provide a benchmark for other committees and the reason there had been no feedback from Council was because it was so good.

MOVED: (David Farrar, seconded President): "THAT the Oversight Committee report be accepted.

CARRIED
Abstention Cr Northover

The President thanked Frank March and Debbie Monahan for their attendance and welcomed Lee Sycamore to the meeting as an observer.

2. MINUTES OF PREVIOUS MEETING

MOVED: (Treasurer, seconded Michael Wallmannsberger): "THAT the minutes of the Council Meeting held on 29 / 30 August be accepted".

David Harris queried his against vote in Item 4, audio recording to be checked and minutes amended as required.

ACTION
Zofia Krawczyk
CARRIED U

3. MATTERS ARISING FROM THE MINUTES

The Council ratified the decision made by evote "THAT InternetNZ joins the ccNSO of ICANN".

CARRIED
(For Ah Kit, Davidson, Farrar, Forsyth, Harris, Northover, Parkin, Riley, Streatfield, Sutton, Wallingford, Wallmannsberger, Whittle)

Noted to publish the decisions made from the sale of Domainz which had been previously confidential to Council.

ACTION
Peter Macaulay

The President welcomed Grant Forsyth to the meeting 13.15.

4. STRATEGIC PLAN

Cr Riley noted to Council that Roadshows were held in Wellington and Auckland with 15 attendees in Wellington and 10 in Auckland. The roadshows were seen as a success as it was the first time members had direct consultation with Councillors. Cr Riley recommended that consultations be held each year, determined by members' interest.

Feedback from members had been included in the revised draft. Cr Forsyth wished it noted that members' feedback was in the most part from one person. Input was still sought from Committee Chairs and was required by 9 November.

ACTION
Peter Macaulay and Cr Riley

The final plan would be sent to a wordsmith for input before publishing. Crs Riley and Farrar were thanked for their effort in writing and consulting members during the process of developing the strategic plan .

MOVED: (Simon Riley seconded Vice-President): "THAT the Council receive verbal report and version 2 of the draft Strategic Plan ".

CARRIED U

5. CYBERLAW INITIATIVE

Cr Riley spoke to the Cyberlaw Initiative Report . Peter Macaulay commented that VUW are very keen to progress and a draft communication plan with VUW is in progress. Cr Sutton queried whether if there was a tax benefit and that if NZRS is capable then why is InternetNZ undertaking it. Cr Forsyth suggested that there was no reason why this position can't be funded by NZRS through InternetNZ. Cr Farrar noted that this can be reviewed at a later date.

MOVED: (Keith Davidson seconded David Farrar): "THAT 1. approval in principle to establish the InternetNZ Research Fellow in Cyber Law at School of Law, Victoria University. 2. that the InternetNZ total contribution will not exceed $85,000 per annum. 3. that the term of sponsorship shall be for three years provided that the objectives and deliverables set out in the partnership agreement have been met. 4. that Executive Committee is authorized to negotiate final details of the partnership agreement with VUW".

CARRIED U

6. EXECUTIVE COMMITTEE REPORT

The President spoke to the report . A query was raised as to the nature of the Goldstein contribution, which was seen as a valuable report and worth the $100 contribution it now required.

Cr Forsyth queried communication of the survey was to be made to members as it was difficult to get informed responses and the survey topic was a complex one which needed to be addressed in a more holistic way. In reply the President noted that more will be reported on the survey as the questions had not been developed in full at this stage.

MOVED: (Keith Davidson seconded Chris Streatfield): "THAT the Executive Committee report be accepted and that the Executive Committee and Task Force Chairs focus on the business planning and planning cycle needs for the forthcoming year.

CARRIED U

No Technical Report was tabled.

7. LEGAL AND REGULATORY REPORT

David Farrar spoke to the report . The Treasurer noted that although members had been invited to the Enum workshop Council Members had not. Cr Farrar noted that Council members would be invited along with APTLD Conference attendees. Cr Sutton queried videotaping the workshop, however it would not be, with the exception of Tony Holmes presentation. Information on ENUM will be available on the website as it is developed.

Lee Sycamore left the meeting.

MOVED: (David Farrar seconded David Harris) : "THAT InternetNZ approve expenditure of up to $10,000 to cover 50% of an Enum Workshop/Seminar scheduled for November 2003 in conjunction with the Numbering Administration Deed Management Committee.

CARRIED U

The Treasurer noted that typing errors be corrected before posting on the website.

MOVED: (David Farrar seconded Grant Forsyth): "THAT the Legal and Regulatory Committee report be accepted.

CARRIED U

8. OUTREACH COMMITTEE REPORT

Cr Riley spoke to the report .

MOVED: (Simon Riley seconded Jennifer Northover): "THAT the Outreach Committee terms of reference for 2003-2004 be approved.

CARRIED U

MOVED: (Simon Riley seconded Jennifer Northover): "THAT the Outreach Committee report be accepted.

CARRIED U

Cr Harris queried whether the Outreach Committee had completed their business plan. Cr Riley replied that their 'action' plan would not be completed until the strategic plan had been approved, but that the committee was meeting tomorrow morning.

Cr Streatfield reiterated that communication from committees needed to be more formalised in its structure and reporting to Council and that this be included in their terms of reference. Cr Riley stated this will be included in next year's terms of reference.

Cr Riley invited further participation from Councillors for Outreach Committee and David Harris offered to join the committee and was accepted by Cr Riley.

9. GOVERNANCE AND CONSTITUTIONAL COMMITTEE REPORT

The Treasurer spoke to his report .

There was discussion on the Register of Interests and it was noted that interests to be registered are those, which may cause a conflict of interest at a later date. A conflict of interest occurs where information from Council meetings is used for private gain.

It was noted that challenges on any conflict of interest are best directed to the President and not to the Council list.

Cr Harris raised the constitution of the Executive Committee and favoured 6 members and also that there was no mention of the tenure of the Committee Chair. Cr Farrar stated that a Council member is appointed after the AGM and tenure lasts until the next AGM. Cr Harris wished it to be noted that Council members serve only one year then have to stand down.

The Treasurer stated minutes from the Executive Committee will be published in line with the Council minutes. The President reminded Councillors that if they wished to amend the Executive Committee terms of reference then they are entitled to do that.

A discussion on membership numbers was then held. It was seen that a smaller number of members was the most desirable option. A straw poll was held and 5 members was seen as most favoured.

The terms of reference item six was amended to "6. Minutes of meetings. Minutes of all meetings of the Committee shall be published in the same form and manner as for Council."

Cr Riley queried whether the Governance and Constitutional Committee had considered the impact of the terms of reference on the constitution and by laws. In reply it had been discussed and Cr Farrar and the Treasurer were compiling a list of changes required to the constitution.

Peter Macaulay congratulated the Treasurer on the very well run meeting.

MOVED: (Chris Streatfield seconded Michael Sutton): "THAT the appended Terms of Reference as amended for the Executive Committee (with any modifications requested by the Excom) be adopted".

CARRIED
Against Cr Harris
Abstentions Cr Riley, President

Council noted that the issues raised will give rise to motions for Constitutional amendments.

MOVED: (Chris Streatfield seconded David Farrar): "THAT Council take note that this Committee does not recommend any process of seeking change to our status viz-a-viz the New Zealand Government".

Cr Riley queried the reason for the recommendation, which was then discussed.

CARRIED U

Jonathan Ah Kit left the meeting.

MOVED: (Chris Streatfield seconded David Farrar): "THAT Council adopt the proposed addition to the Council Agenda".

CARRIED U

The Council noted that the Bylaws addition on entries to the Register of Interests be considered and adopted by evote after the 14 day requirement has been fulfilled.

MOVED: (Chris Streatfield seconded David Farrar): "That the report from the Governance and Constitutional Committee be received.

CARRIED U

10. AUDIT REPORT

The Treasurer stated there will be a full report to the December Council Meeting of the outcome of the audit and the Audit Committees response to that report.

MOVED: (Chris Streatfield seconded David Harris): "THAT the audit committee report be received."

CARRIED U

Jonathan Ah Kit rejoined the meeting.

11. SPAM REPORT

Cr Farrar spoke to the report . A good meeting with the Minister had been held on Thursday with a very positive response for Ministry involvement. With regard to Education campaign the website was most cost effective.

The Government is very keen for input and InternetNZ will have considerable influence on spam legislation, scope, enforcement and definitions. The budget requested was for this financial year and most of the budget is for supporting members of the task force. The budget allocation was high to take into account all contingencies. Cr Harris noted that some contact with international agencies had been undertaken but he had heard nothing concrete back as yet. There was some discussion as to the budget and possible attendance at an OECD meeting yet to be set.

Cr Riley queried quantitative success statistics for the campaign. Cr Harris said that tangible results would be from hits and downloads from the website. The taskforce will be reporting back on a regular basis, including budget expenditure.

MOVED: (David Farrar seconded David Harris): "THAT recommendations 9.1.1 to 9.1.6 be adopted.

• That InternetNZ apply to join CAUCE-AP and iCAUCE
• That InternetNZ appoints Cr David Harris as our representative to CAUCE-AP and iCAUCE.
• That InternetNZ adopt a policy of supporting legislation against spamming.
• That InternetNZ note that this does not signify support for any legislation, and support for any specific legislation will be considered on its merits.
• That up to $41,000 of 2003/04 expenditure be authorised for the anti-spam campaign , and that it be noted that $40,000 is requested for consideration in the 2004/05 business plan.
• That Council delegate expenditure authority to the Task force for any items up to $5,000 and to the Executive Committee for items over $5,000, with Council approval needed, as usual, for any international travel".

CARRIED U

The Council noted that joining CAUCE-AP and iCAUCE was free.

12. PATENT ADVISORY COMMITTEE REPORT

Cr Harris in the absence of Jim Higgins spoke to the report .

MOVED: (David Farrar, seconded David Harris): "THAT InternetNZ accept for a budget of $5,000 for the backlog, plus $300 per month, the offers of Baldwin Shelston Waters and Emedia to set up a Patent Watch Service."

CARRIED U

13. INTERNET CODE OF PRACTICE

The Treasurer spoke to the iCoP report and the need for a further face to face meeting and since meeting notes are to be public that wording issues be addressed.

MOVED: (Chris Streatfield, seconded Jonathan Ah Kit): "THAT the Internet Code of Practice report be accepted."

CARRIED U

14. INTEROPERABILITY

In absence of Judith Speight, Peter Macaulay spoke to a powerpoint presentation on a Government funded project on broadband interoperability.

The President conveyed thanks to Judith for her excellent work.

MOVED: (Keith Davidson, seconded Bill Parkin): "THAT the Interoperability presentation be accepted."

CARRIED U

15. PRESIDENT'S REPORT

The President spoke to his report . In addition to the report there was a recommendation that InternetNZ wind up the Domainz Taskforce.

MOVED: (Keith Davidson, seconded Chris Streatfield): "THAT the members of the Domainz Future Taskforce be thanked for their contribution and that the Taskforce be wound up.

CARRIED U

MOVED: (Keith Davidson, seconded Chris Streatfield): "THAT 1. the President's report be accepted. 2. the process for appointment of the replacement NZRS director be approved. 3. the interview committee be approved."

CARRIED U

Lee Sycamore returned to the meeting.

16. VICE PRESIDENT'S REPORT

Cr Farrar spoke to his report .

MOVED: (David Farrar, seconded Keith Davidson): "THAT the Vice President's report be accepted."

CARRIED U

17. SECRETARY'S REPORT

Cr Wallmannsberger spoke to his report on creating an activity register.

MOVED: (Michael Wallmannsberger, seconded Chris Streatfield): "THAT Council approve, in principle, the establishment of a quarterly InternetNZ Activity Register to be published on the InternetNZ website. That Council delegate the Secretary to work with InternetNZ staff to agree suitable metrics and a format for the quarterly InternetNZ activity report".

CARRIED U

MOVED: (Michael Wallmannsberger, seconded Chris Streatfield): "THAT the Secretary's report be accepted.

CARRIED U

18. TREASURER'S REPORT

Cr Streatfield spoke to his report and stated concern that some international travel had not been signed off by InternetNZ. In future, reimbursement for travel will not be given unless accompanied by a signed travel authorisation predating the day of travel.

Cr Harris suggested report include sale of assets i.e. Domainz. Cr Riley requested that in the notes for special projects, it include a breakdown of the projects in future.

MOVED: (Chris Streatfield, seconded Bill Parkin): "THAT the August financials be received and the Treasurer's report be accepted".

CARRIED U

19. EXECUTIVE DIRECTOR'S REPORT

Peter Macaulay spoke to his report . A building to relocate to has been identified in Wooleston Street and further details including budget and floor plans will be circulated to Councillors next week. The InternetNZ Organisation Chart was tabled and it was noted that some parts needed further connectors.

MOVED: (Keith Davidson, seconded David Harris): "THAT the Executive Director's report be received".

CARRIED U

20. GENERAL BUSINESS

There was a discussion on ICANN At Large and Joop's attendance at the next ICANN meeting. The President noted that the International Affairs Committee reports financially to NZOC and not to Council. Is InternetNZ willing to dip into its own funds to support ICANN At Large"

The minimum number people attending ICANN on behalf of InternetNZ should be two and the first duty is to gain benefit for InternetNZ.

Cr Riley stated there is a need to address in the International Review how InternetNZ is going to support the At Large group.

MOVED: (Grant Forsyth, seconded Jennifer Northover): "THAT Council supports Joop's attendance at ICANN to the amount of $5,000."

CARRIED
Against Crs Farrar, Davidson
Abstention Crs Wallmannsberger, Sutton and Harris

The meeting closed at 17.36. The next meeting will be held on 13 December, Councillors to note the Xmas party is on 12 December.

Note - for links to papers etc, see the Agenda.

© 2001 InternetNZ
Last updated 23 October 2003