Notice of Meeting:

I hereby give notice that an ordinary meeting of the Mosgiel Taieri Community Board will be held on:

 

Date:                             Wednesday 26 October 2016

Time:                            3.00 pm

Venue:                          Edinburgh Room, Municipal Chambers,
The Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

Mosgiel Taieri Community Board

PUBLIC AGENDA

 

MEMBERSHIP

 

Members

Phillipa Bain

Joy Davis

 

Martin Dillon

Mike Lord

 

Dean McAlwee

Sarah Nitis

 

Maurice Prendergast

 

 

Senior Officer                               Kristy Rusher, Manager Civic and Legal

 

Governance Support Officer      Jenny Lapham

 

 

 

Jenny Lapham

Governance Support Officer

 

 

Telephone: 03 477 4000

Jenny.Lapham@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

 

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

ITEM TABLE OF CONTENTS                                                                   PAGE

 

1        Apologies                                                                                                  

2        Welcome by the Chief Executive Officer, Dr Sue Bidrose                                    

3        Declarations By Members                                                                                   

Part A Reports (Mosgiel Taieri Community Board  has power to decide these matters)

4        Voting Procedure for Appointment of Chairperson and Deputy Chairperson           5

5        Election of Chairperson and Deputy Chairperson

6        Confirmation of Agenda

7        Adoption of Code of Conduct                                                                        8

8        Adoption of Standing Orders                                                                       31

9        Meeting Schedule                                                                                    107

10      Local Government Legislation - Briefing for the Inaugural Community Board Meeting 2016 108

11      Acknowledgement of Retiring Members                                                       116             

 

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

1     Apologies

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

2     WELCOME BY THE CHIEF EXECUTIVE OFFICER

3     Declaration BY MEMBERS

To be made and attested as required by Schedule 7, Clause 14 of the Local Government Act 2002.

    


Mosgiel Taieri Community Board

26 October 2016

 

 

Part A Reports

 

Voting Procedure for Appointment of Chairperson and Deputy Chairperson

Department: Civic and Legal

 

 

 

 

EXECUTIVE SUMMARY  

1      Voting for appointments such as the Board Chairperson and Deputy Chairperson is to be carried out in accordance with Schedule 7, Clauses 25(2) and (3) of the Local Government Act 2002 Amendment Act 2004.

RECOMMENDATIONS

That the Board:

a)     Decides the voting method for the appointment of Chairperson and Deputy Chairperson.

 

 

DISCUSSION

2      Schedule 7, Clauses 25(2) and (3) of the Local Government Act 2002 Amendment Act 2004 requires that the Board must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

a)  System A: A candidate for chairperson or deputy chairperson is elected if they receive the votes of the majority of members present and voting.  If there is no successful candidate in three rounds of voting (from which the candidate with the fewest votes is excluded on each round).  In any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

 

b)  System B: A candidate for chairperson or deputy chairperson is successful if they receive more votes than any other candidate and if a tie occurs, it is resolved by lot.

NEXT STEPS

3      An election using the voting method adopted is held.  Conduct of the meeting is transferred to the elected chairperson.

 

 

Signatories

Author:

Jenny Lapham - Governance Support Officer

Authoriser:

Kristy Rusher - Manager Civic and Legal

Sandy Graham - General Manager Strategy and Governance

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision-making and action by, and on behalf of communities.

 

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

There are no known implications for the Strategic Framework.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP/Annual Plan or Financial Strategy/Infrastructure Strategy.

Financial considerations

There are no financial implications.

Significance

This decision is not considered significant in terms of the Council's Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

There has been no internal engagement

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Appointment of Community Board Chairperson and Deputy Chairperson.

 

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Adoption of Code of Conduct

Department: Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY  

1      The Local Government Act 2002 requires that Community Boards adopt a Code of Conduct. This report provides a summary of the updated Code of Conduct (the Code) that was prepared by Local Government New Zealand following consultation across the sector.

2      The Code updates the previous national standard and provides a plain English version of standards of behaviour expected of elected members in the exercise of their duties. The Code also provides details on how breaches of the Code will be dealt with.

3      The Code should be read in conjunction with the Community Board's Standing Orders.

RECOMMENDATIONS

That the Board:

a)     Adopts the Mosgiel-Taieri Community Board Code of Conduct as per Attachment A.

 

BACKGROUND

4      A Community Board must adopt and have in place at all times a code of conduct (Clause 15, Schedule 7 Local Government Act 2002).  The advice of the Office of the Auditor General is that at the commencement of the new triennium, the Community Board should re-adopt its code of conduct.

5      The Community Board currently has a Code of Conduct in place but it does not incorporate a number of recommendations that have flowed from various Office of the Auditor‑General enquiries over the past three years.

DISCUSSION

6      Local Government New Zealand (LGNZ) has prepared a code of conduct for consideration.  It incorporates advice which has been provided by the Office of the Auditor-General and feedback from the wider local government sector.

7      The Code restates many of the principles and values of the previous Code.

8      The main areas of change are:

a)     Information (s7.2)

        There is clarification of the process that elected members should follow where they receive information in their capacity as an elected member that concerns the       Council's ability to give effect to its responsibilities.

b)     Conflicts of Interest and register of interests (s8 and s9)

Completion of a Register of interest is now required under the Code with the nature of the details that should be recorded clearly articulated.

c)     Gifts (s10)

        Clarity is provided around ethical behaviour and in particular how gifts should be treated.

d)     Breaches of the Code (s12 and Appendix B)

An independent process is outlined for resolving complaints that the Code has been breached. A criteria of "materiality" is included.  Appendix B of the Code outlines an independent process for the determination and investigation of complaints.

9      The determination and investigation of complaints does require an independent investigator to be appointed and, in situations where any breach is found to be material, the investigator's report can be considered by either Council or a committee established for that purpose.

10    If a committee is to be established, then the Code recommends that the majority of members are selected from the community.

11    Councillors should note that a 75% majority of those present and voting is required to adopt the new Code of Conduct.

12    As this report is administrative and is evaluating a proposal from Local Government New Zealand, a summary of considerations is not required.

OPTIONS

13    Councils are required to adopt a Code of Conduct and so there are the following options:

Option One – Adopt the new "Mosgiel-Taieri Community Board Code of Conduct"

14    This is the code as developed by LGNZ and is likely to be widely adopted across the sector.

Advantages

·           The proposed Code incorporates current best practice for elected member conduct based on the advice of the Office of the Auditor-General including the process for declaring interests and handling of gifts.

·           It is written in plain English.

·           It provides an independent process for the resolution of any breaches of the Code.

Disadvantages

·           None identified.

Option Two – Retain the current Code of Conduct - Status Quo

15    The Community Board currently has a Code of Conduct that has not been modified for a number of years and includes a number of local variations from what had previously been a national standard.

 

Advantages

·           There are no clear advantages identified to retaining the current Code of Conduct

Disadvantages

·           The current Code does not take into account recent Office of the Auditor-General advice on managing elected member interests.

·           The current Code is not written in plain English and is difficult to interpret.

·           The current code does not provide an independent process for resolution of complaints.

NEXT STEPS

16    If the recommended option is adopted, the Chief Executive will establish an Elected Member’s gifts and hospitality register and will prepare a list of independent investigators for the purpose of undertaking preliminary assessments should a possible breach be raised.

17    A report will be presented to Council at the meeting of 15 November 2016, to consider whether it wishes to form a conduct committee, or to have the investigator report directly to Council as described in the Code of Conduct.

 

Signatories

Author:

Sandy Graham - General Manager Strategy and Governance

Authoriser:

Sue Bidrose - Chief Executive Officer 

Attachments

 

Title

Page

a

Proposed "Mosgiel-Taieri Community Board Code of Conduct - October 2016"

11

  


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Code of Conduct

 

1.      Introduction

This Code of Conduct (the Code) sets out the standards of behavior expected from elected members in the exercise of their duties.  Its purpose is to:

·        enhance the effectiveness of the local authority and the provision of good local government of the community, city, district or region;

·        promote effective decision-making and community engagement;

·        enhance the credibility and accountability of the local authority to its communities; and

·        develop a culture of mutual trust, respect and tolerance between the members of the local authority and between the members and management.

This purpose is given effect through the values, roles, responsibilities and specific behaviors agreed in this Code.

 

2.      Scope

The Code has been adopted in accordance with clause 16 of Schedule 7 of the Local Government Act 2002 (LGA 2002) and applies to all members, including the members of any local boards as well as the members of any community boards that have agreed to adopt it. The Code is designed to deal with the behaviour of members towards:

·        each other;

·        the chief executive and staff;

·        the media; and

·        the general public.

It is also concerned with the disclosure of information that members receive in their capacity as elected members and information which impacts on the ability of the local authority to give effect to its statutory responsibilities

This Code can only be amended (or substituted by a replacement Code) by a vote of at least 75 per cent of members present at a meeting when amendment to the Code is being considered.  The Code should be read in conjunction with the council’s Standing Orders.

 


 

3.      Values

The Code is designed to give effect to the following values:

1.         Public interest: members will serve the best interests of the people within their community, district or region and discharge their duties conscientiously, to the best of their ability. 

2.         Public trust: members, in order to foster community confidence and trust in their Council, will work together constructively and uphold the values of honesty, integrity, accountability and transparency.

3.         Ethical behaviour: members will not place themselves in situations where their honesty and integrity may be questioned, will not behave improperly and will avoid the appearance of any such behavior.

4.         Objectivity: members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits. 

5.         Respect for others: will treat people, including other members, with respect and courtesy, regardless of their race, age, religion, gender, sexual orientation, or disability.  Members will respect the impartiality and integrity of officials.

6.         Duty to uphold the law: members will comply with all legislative requirements applying to their role, abide by this Code of Conduct, and act in accordance with the trust placed in them by the public.

7.         Equitable contribution: members will take all reasonable steps to ensure they fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars.

8.         Leadership: members will actively promote and support these principles and ensure they are reflected in the way in which the Council operates, including a regular review and assessment of the Council’s collective performance.

These values complement, and work in conjunction with, the principles of s.14 of the LGA 2002 and the governance principles of s.39 of the LGA 2002.

 


 

4.      Role and responsibilities

Good governance requires clarity of roles and respect between those charged with responsibility for the leadership of the council and those responsible for advice and the implementation of council decisions.  The key roles are: 

4.1     Members

The role of the governing body includes:

·        representing the interests of the people of the city, district or region;

·        developing and adopting plans, policies and budgets;

·        monitoring the performance of the council against stated goals and objectives set out in its long term plan;

·        providing prudent stewardship of the council’s resources;

·        employing and monitoring the performance of the chief executive; and

·        ensuring the council fulfils its responsibilities to be a ‘good employer’ and meets the requirements of the Health and Safety at Work Act 2015.

4.2     Chief executive

The role of the chief executive includes:

·        implementing the decisions of the council;

·        ensuring that all responsibilities delegated to the chief executive are properly performed or exercised;

·        ensuring the effective and efficient management of the activities of the local authority;

·        maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority;

·        providing leadership for the staff of the council; and

·        employing staff on behalf of the council (including negotiation of the terms of employment for those staff).

Under s.42 of the LGA 2002 the chief executive is the only person directly employed by the council itself.  All concerns about the performance of an individual member of staff must, in the first instance, be referred to the chief executive.

 

5.      Relationships

This section of the Code sets out agreed standards of behaviour between members; members and staff; and members and the public. 

5.1     Relationships between members

Given the importance of relationships to the effective performance of the council, members will conduct their dealings with each other in a manner that:

·        maintains public confidence;

·        is open and honest;

·        is courteous;

·        is focused on issues rather than personalities;

·        avoids abuse of meeting procedures, such as a pattern of unnecessary notices of motion and/or repetitious points of order; and

·        avoids aggressive, offensive or abusive conduct, including the use of disrespectful or malicious language.

Any failure by members to act in the manner described in s.5.1 represents a breach of this Code.

Please note that nothing in this section of the Code is intended to limit robust debate within the council as long as it is conducted in a respectful and insightful manner.

5.2     Relationships with staff

An important element of good governance involves the relationship between the council and its chief executive.  Members will respect arrangements put in place to facilitate this relationship, and: 

·        raise any concerns about employees, officers or contracted officials with the chief executive;

·        raise any concerns about the performance or behaviour of the chief executive with the mayor/chair or the chairperson of the chief executive performance review committee (however described);

·        make themselves aware of the obligations that the council and the chief executive have as employers and observe those requirements at all times, such as the duty to be a good employer;

·        treat all employees with courtesy and respect and avoid publicly criticising any employee;

·        observe any protocols put in place by the chief executive concerning contact between members and employees;

·        avoid doing anything which might compromise, or could be seen as compromising, the impartiality of an employee.

Any failure by members to act in the manner described above represents a breach of this Code.

Please note: Elected members should be aware that failure to observe this portion of the Code may compromise the council’s obligations to be a good employer and consequently expose the council to civil litigation or affect the risk assessment of council’s management and governance control processes undertaken as part of the council’s audit. 

5.3     Relationship with the public

Given that the performance of the council requires the trust and respect of individual citizens, members will:

·        interact with members of the public in a fair, respectful, equitable and honest manner;

·        be available to listen and respond openly and honestly to community concerns;

·        consider all points of view or interests when participating in debate and making decisions;

·        treat members of the public in a courteous manner; and

·        act in a way that upholds the reputation of the local authority.

Any failure by members to act in the manner described above represents a breach of this Code.

 

6.      Contact with the media

The media play an important part in the operation and efficacy of local democracy.  In order to fulfil this role the media needs access to accurate and timely information about the affairs of council. 

From time to time individual members will be approached to comment on a particular issue either on behalf of the council, or as an elected member in their own right.  When responding to the media members must be mindful that operational questions should be referred to the chief executive and policy-related questions referred to the mayor or the member with the appropriate delegated authority. 


 

When speaking to the media more generally members will abide by the following provisions:

6.1     Media contact on behalf of the council

·        the mayor or chairperson is the first point of contact for an official view on any issue, unless delegations state otherwise.  Where the mayor/chair is absent requests for comment will be referred to the deputy mayor/chair or relevant committee chairperson or portfolio holder;

·        the mayor/chair may refer any matter to the relevant committee chairperson or to the chief executive for their comment; and

·        no other member may comment on behalf of the council without having first obtained the approval of the mayor/chair.

6.2     Media comment on a member’s own behalf

Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

·        media comments must not state or imply that they represent the views of the council;

·        media comments which are contrary to a council decision or policy must clearly state that they do not represent the views of the majority of members;

·        media comments must observe the other requirements of the Code; for example, comments should not disclose confidential information, criticize, or compromise the impartiality or integrity of staff; and

·        media comments must not be misleading and should be accurate within the bounds of reasonableness.

Any failure by members to meet the standards set out above represents a breach of this Code.

 

7.      Information

Access to information is critical to the effective performance of a local authority and the level of public trust felt by the public.

7.1     Confidential information

In the course of their duties members will occasionally receive information that is confidential.  This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.  Accordingly, members agree not to use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the member.

7.2     Information received in capacity as an elected member

Members will disclose to other members and, where appropriate the chief executive, any information received in their capacity as an elected member that concerns the council’s ability to give effect to its responsibilities.

Members who are offered information on the condition that it remains confidential will inform the provider of the information that it is their duty to disclosure the information and will decline the offer if that duty is likely to be compromised.

Any failure by members to act in the manner described above represents a breach of this Code.

Please note: failure to observe these provisions may impede the performance of the council by inhibiting information flows and undermining public confidence.  It may also expose the council to prosecution under the Privacy Act and/or civil litigation.  

 

8.      Conflicts of Interest

Elected members will maintain a clear separation between their personal interests and their duties as elected members in order to ensure that they are free from bias (whether real or perceived).  Members therefore must familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 (LAMIA).

Members will not participate in any council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public.  This rule also applies where the member’s spouse contracts with the authority or has a pecuniary interest. Members shall make a declaration of interest as soon as practicable after becoming aware of any such interests. 

If a member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the chief executive immediately.  Members may also contact the Office of the Auditor General for guidance as to whether they have a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest.  The latter must be done before the discussion or vote. 

Please note: Failure to observe the requirements of the LAMIA could potentially invalidate the decision made, or the action taken, by the council.  Failure to observe these requirements could also leave the elected member open to prosecution (see Appendix A).  In the event of a conviction, elected members can be ousted from office.

 

9.      Register of Interests

Members shall annually make a declaration of interest.  These declarations are recorded in a Register of Interests maintained by the council.  The declaration must include information on the nature and extent of any interest, including:

a)         any employment, trade or profession carried on by the member or the members’ spouse for profit or gain;

b)        any company, trust, partnership etc for which the member or their spouse is a director, partner or trustee;

c)         the address of any land or property in which the member has a beneficial interest within the jurisdiction of the local authority; and

d)        the address of any land owned by the local authority in which the member or their spouse is:

·        a tenant; or

·        the land is tenanted by a firm in which the member or spouse is a partner, a company of which the member or spouse is a director, or a trust of which the member or spouse is a trustee:

e)        any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of their duties as a member (if the member is in any doubt on this, the member should seek guidance from the chief executive)

Please note:  Where a member’s circumstances change they must ensure that the Register of Interests is updated as soon as practicable.

 

10.   Ethical behaviour

Members will seek to promote the highest standards of ethical conduct.  Accordingly members will:

·        claim only for legitimate expenses as determined by the Remuneration Authority and any lawful policy of the council developed in accordance with that determination;

·        not influence, or attempt to influence, any council employee, officer or member in order to benefit their own, or families personal or business interests;

·        only use the Council resources (such as facilities, staff, equipment and supplies) in the course of their duties and not in connection with any election campaign or personal interests; and


 

·        not solicit, demand, or request any gift, reward or benefit by virtue of their position and notify the chief executive if any such gifts are accepted.  Where a gift to the value of $50 or more is accepted by a member, that member must immediately disclose this to the chief executive for inclusion in the publicly available register of interests.

Any failure by members to comply with the provisions set out in this section represents a breach of this Code.

10.1   Undischarged bankrupt

In accordance with clause 15(5) of Schedule 7 (LGA 2002) any member who is an “undischarged bankrupt” will notify the chief executive prior to the inaugural meeting or as soon as practicable after being declared bankrupt.  The member will also provide the chief executive with a brief explanatory statement of the circumstances surrounding the member’s adjudication and the likely outcome of the bankruptcy.

 

11.   Creating a supportive and inclusive environment

In accordance with the purpose of the Code, members agree to take all reasonable steps in order to participate in activities scheduled to promote a culture of mutual trust, respect and tolerance.  These include:

·        Attending post-election induction programmes organised by the council for the purpose of facilitating agreement on the council’s vision, goals and objectives and the manner and operating style by which members will work.

·        Taking part in any assessment of the Council’s overall performance and operating style during the triennium.[1] 

·        Taking all reasonable steps to ensure they possess the skills and knowledge to effectively fulfill their Declaration of Office and contribute to the good governance of the city, district or region.

 


 

12.   Breaches of the Code

Members must comply with the provisions of this Code (LGA 2002, schedule 5, s. 14(4)).  Any member, or the chief executive, who believes that the Code has been breached by the behaviour of a member, may make a complaint to that effect.  All complaints will be considered in a manner that is consistent with the following principles.

12.1   Principles:

The following principles will guide any processes for investigating and determining whether or not a breach under this Code has occurred:

·        that the approach for investigating and assessing a complaint will be proportionate to the apparent seriousness of the breach complained about;

·        that the roles of complaint, investigation, advice and decision-making will be kept separate as appropriate to the nature and complexity of the alleged breach; and

·        that the concepts of natural justice and fairness will apply in the determination of any complaints made under this Code.  This requires, conditional on the nature of an alleged breach, that affected parties:

o   have a right to know that an investigation process is underway;

o   are given due notice and are provided with an opportunity to be heard;

o   have a right to seek appropriate advice and be represented; and

o   have their privacy respected.

12.2   Complaints

All complaints made under this Code must be made in writing and forwarded to the chief executive.  On receipt of a complaint the chief executive must forward that complaint to an independent investigator for a preliminary assessment to determine whether the issue is sufficiently serious to warrant a full investigation.[2]

Only members and the chief executive may make a complaint under this Code.

12.3   Investigation, advice and decision

The process, following receipt of a complaint, will follow the steps outlined in Appendix B.

12.4   Materiality

An alleged breach under this Code is material if, in the opinion of the independent investigator, it would, if proven, bring a member or the council into disrepute or, if not addressed, reflect adversely on another member of the council.

 

13.   Penalties and actions

Where a complaint is determined to be material and referred to the council the nature of any penalty or action will depend on the seriousness of the breach. 

13.1   Material breaches

In the case of material breaches of this Code the council, or a committee with delegated authority, may require one of the following:

1.         a letter of censure to the member;

2.         a request (made either privately or publicly) for an apology;

3.         a vote of no confidence in the member;

4.         removal of certain council-funded privileges (such as attendance at conferences);

5.         restricted entry to council offices, such as no access to staff areas (where restrictions may not previously have existed);

6.         limitation on any dealings with council staff so that they are confined to the chief executive only;

7.         suspension from committees or other bodies; or

8.         an invitation for the member to consider resigning from the council.

A council or committee may decide that a penalty will not be imposed where a respondent agrees to one or more of the following:

·        attend a relevant training course; and/or

·        work with a mentor for a period of time; and/or

·        participate in voluntary mediation (if the complaint involves a conflict between two members); and/or

·        tender an apology.

The process is based on the presumption that the outcome of a complaints process will be made public unless there are grounds, such as those set out in the Local Government Official Information and Meetings Act 1987 (LGOIMA), for not doing so.

13.2   Statutory breaches

In cases where a breach of the Code is found to involve regulatory or legislative requirements, the complaint will be referred to the relevant agency.  For example:

·        breaches relating to members’ interests (where members may be liable for prosecution by the Auditor-General under the LAMIA);

·        breaches which result in the council suffering financial loss or damage (where the Auditor-General may make a report on the loss or damage under s.30 of the LGA 2002 which may result in the member having to make good the loss or damage); or

·        breaches relating to the commission of a criminal offence which will be referred to the Police (which may leave the elected member liable for criminal prosecution).

 

14.   Review

Once adopted, a Code of Conduct continues in force until amended by the council.   The Code can be amended at any time but cannot be revoked unless the council replaces it with another Code.  Once adopted, amendments to the Code require a resolution supported by 75 per cent of the members of the council present at a council meeting where the amendment is considered.

Council may formally review the Code as soon as practicable after the beginning of each triennium.  The results of that review will be considered by the council in regard to potential changes for improving the Code. 


 

Appendix A: Legislation bearing on the role and conduct of elected members

This is a summary of the legislative requirements that have some bearing on the duties and conduct of elected members.  The full statutes can be found at www.legislation.govt.nz.

 

The Local Authorities (Members’ Interests) Act 1968

The Local Authorities (Members’ Interests) Act 1968 (LAMIA) provides rules about members discussing and voting on matters in which they have a pecuniary interest and about contracts between members and the council. 

A pecuniary interest is likely to exist if a matter under consideration could reasonably give rise to an expectation of a gain or loss of money for a member personally (or for their spouse or a company in which they have an interest).  In relation to pecuniary interests the LAMIA applies to both contracting and participating in decision-making processes. 

With regard to pecuniary or financial interests a person is deemed to be “concerned or interested” in a contract or interested “directly or indirectly” in a decision when:

·        a person, or spouse or partner, is “concerned or interested” in the contract or where they have a pecuniary interest in the decision; or

·        a person, or their spouse or partner, is involved in a company that is “concerned or interested” in the contract or where the company has a pecuniary interest in the decision.

There can also be additional situations where a person is potentially “concerned or interested” in a contract or have a pecuniary interest in a decision, such as where a contract is between an elected members’ family trust and the council.

Determining whether a pecuniary interest exists

Elected members are often faced with the question of whether or not they have a pecuniary interest in a decision and if so whether they should participate in discussion on that decision and vote.  When determining if this is the case or not the following test is applied:

“…whether, if the matter were dealt with in a particular way, discussing or voting on that matter could reasonably give rise to an expectation of a gain or loss of money for the member concerned.” (OAG, 2001)


 

In deciding whether you have a pecuniary interest, members should consider the following factors.

·        What is the nature of the decision being made?

·        Do I have a financial interest in that decision - do I have a reasonable expectation of gain or loss of money by making that decision?

·        Is my financial interest one that is in common with the public?

·        Do any of the exceptions in the LAMIA apply to me?

·        Could I apply to the Auditor-General for approval to participate?

Members may seek assistance from the mayor/chair or other person to determine if they should discuss or vote on an issue but ultimately it is their own judgment as to whether or not they have pecuniary interest in the decision.  Any member who is uncertain as to whether they have a pecuniary interest is advised to seek legal advice.  Where uncertainty exists members may adopt a least-risk approach which is to not participate in discussions or vote on any decisions.

Members who do have a pecuniary interest will declare the pecuniary interest to the meeting and not participate in the discussion or voting.  The declaration and abstention needs to be recorded in the meeting minutes.  (Further requirements are set out in the council’s Standing Orders.) 

The contracting rule

A member is disqualified from office if he or she is “concerned or interested” in contracts with their council if the total payments made, or to be made, by or on behalf of the council exceed $25,000 in any financial year.  The $25,000 limit includes GST.  The limit relates to the value of all payments made for all contracts in which you are interested during the financial year.  It does not apply separately to each contract, nor is it just the amount of the profit the contractor expects to make or the portion of the payments to be personally received by you.

The Auditor-General can give prior approval, and in limited cases, retrospective approval for contracts that would otherwise disqualify you under the Act.  It is an offence under the Act for a person to act as a member of the council (or committee of the council) while disqualified.

Non-pecuniary conflicts of interest

In addition to the issue of pecuniary interests, rules and common law govern conflicts of interest more generally.  These rules apply to non-pecuniary conflicts of interest, including common law rules about bias.  In order to determine if bias exists or not members need to ask:

“Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?”

The question is not limited to actual bias, but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done, but should be seen to be done.  Whether or not members believe they are not biased is irrelevant.

Members should focus be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process.  The most common risks of non-pecuniary bias are where:

·        members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”); and

·        members have a close relationship or involvement with an individual or organisation affected by the decision.

In determining whether or not they might be perceived as biased, members must also take into account the context and circumstance of the issue or question under consideration.  For example, if a member has stood on a platform and been voted into office on the promise of implementing that platform then voters would have every expectation that the member would give effect to that promise, however he/she must still be seen to be open to considering new information (this may not apply to decisions made in quasi-judicial settings, such as an RMA hearing).

 

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meetings procedures and requirements that apply to local authorities and local/community boards.  Of particular importance for the roles and conduct of elected members is the fact that the chairperson has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

·        create a disturbance or a distraction while another councillor is speaking;

·        be disrespectful when they refer to each other or other people; or

·        use offensive language about the council, other members, any employee of the council or any member of the public.

See Standing Orders for more detail.


 

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to council.

If convicted of any offence under this Act a person can be imprisoned for up to two years, and/or fines up to $1000.  A conviction would therefore trigger the ouster provisions of the LGA 2002 and result in the removal of the member from office.

 

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

·        accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of council; and

·        use information gained in the course of their duties for their, or another persons, monetary gain or advantage.

These offences are punishable by a term of imprisonment of seven years or more.  Elected members convicted of these offences will automatically cease to be members.

 

Financial Markets Conduct Act 2013

Financial Markets Conduct Act 2013 (previously the Securities Act 1978) essentially places elected members in the same position as company directors whenever council offers stock to the public.  Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

 


 

The Local Government Act 2002

The Local Government Act 2002 (LGA 2002) sets out the general powers of local government, its purpose and operating principles.  Provisions directly relevant to this Code include:

Personal liability of members

Although having qualified privilege, elected members can be held personally accountable for losses incurred by a local authority where, following a report from the Auditor General under s.44 LGA 2002, it is found that one of the following applies:

a)         money belonging to, or administered by, a local authority has been unlawfully expended; or

b)        an asset has been unlawfully sold or other wise disposed of by the local authority; or

c)         a liability has been unlawfully incurred by the local authority; or

d)        a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.

Members will not be personally liable where they can prove that the act or failure to act resulting in the loss occurred as a result of one of the following:

a)         without the member’s knowledge;

b)        with the member’s knowledge but against the member’s protest made at or before the time when the loss occurred;

c)         contrary to the manner in which the member voted on the issue; and

d)        in circumstances where, although being a party to the act or failure to act, the member acted in good faith and relied on reports, statements, financial data, or other information from professional or expert advisers, namely staff or external experts on the matters.

In certain situation members will also be responsible for paying the costs of proceedings (s.47 LGA 2002).


 

Appendix B: Process for the determination and investigation of complaints

 

Step 1: Chief executive receives complaint

On receipt of a complaint under this Code the chief executive will refer the complaint to an investigator selected from a panel agreed at the start of the triennium.  The chief executive will also:

·        inform the complainant that the complaint has been referred to the independent investigator and the name of the investigator, and refer them to the process for dealing with complaints as set out in the Code; and

·        inform the respondent that a complaint has been made against them, the name of the investigator and refer them to the process for dealing with complaints as set out in the Code.

 

Step 2:       Investigator makes preliminary assessment

On receipt of a complaint the investigator will assess whether:

1.         the complaint is frivolous or without substance and should be dismissed;

2.         the complaint is outside the scope of the Code and should be redirected to another agency or process;

3.         the complaint is non-material; and

4.         the complaint is material and a full investigation is required.

In making the assessment the investigator may make whatever initial inquiry is necessary to determine the appropriate course of action.  The investigator has full discretion to dismiss any complaint which, in their view, fails to meet the test of materiality. 

On receiving the investigator’s preliminary assessment the chief executive will:

1.         where an investigator determines that a complaint is frivolous or without substance, inform the complainant and respondent directly and inform other members (if there are no grounds for confidentiality) of the investigator’s decision;

2.         in cases where the investigator finds that the complaint involves a potential legislative breach and outside the scope of the Code, forward the complaint to the relevant agency and inform both the complainant and respondent of the action.

 


 

Step 3: Actions where a breach is found to be non-material

If the subject of a complaint is found to be non-material the investigator will inform the chief executive and, if they choose, recommend a course of action appropriate to the breach, such as;

·        that the respondent seek guidance from the Chairperson or Mayor;

·        that the respondent attend appropriate courses or programmes to increase their knowledge and understanding of the matters leading to the complaint.

The chief executive will advise both the complainant and the respondent of the investigator’s decision and any recommendations, neither of which are open to challenge.  Any recommendations made in response to a non-material breach are non-binding on the respondent and the council.

 

Step 4: Actions where a breach is found to be material

If the subject of a complaint is found to be material the investigator will inform the chief executive, who will inform the complainant and respondent.  The investigator will then prepare a report for the council on the seriousness of the breach.

In preparing that report the investigator may:

·        consult with the complainant, respondent and any affected parties;

·        undertake a hearing with relevant parties; and/or

·        refer to any relevant documents or information.

On receipt of the investigator’s report the chief executive will prepare a report for the council or committee with delegated authority, which will meet to consider the findings and determine whether or not a penalty, or some other form of action, will be imposed. The chief executive’s report will include the full report prepared by the investigator.

 

Step 5: Process for considering the investigator’s report

Depending upon the nature of the complaint and alleged breach the investigator’s report may be considered by the full council, excluding the complainant, respondent and any other ‘interested’ members, or a committee established for that purpose.

In order to avoid any suggestion of bias, a Code of Conduct Committee may often be the best mechanism for considering and ruling on complaints.  Committees should be established at the start of a triennium with a majority of members selected from the community through either an application process or by invitation. 

The council or committee will consider the chief executive’s report in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, such as the misuse of confidential information or a matter that would otherwise be exempt from public disclosure under s.48 of the LGOIMA, in which case it will be a closed meeting.

Before making any decision in respect of the investigator’s report the council or committee will give the member against whom the complaint has been made an opportunity to appear and speak in their own defense.  Members with an interest in the proceedings, including the complainant and the respondent, may not take part in these proceedings.

The form of penalty that might be applied will depend on the nature of the breach and may include actions set out in section 13.1 of this Code.

In accordance with this Code councils will agree to implement the recommendations of a Code of Conduct Committee without debate.

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Adoption of Standing Orders

Department: Civic and Legal

 

 

 

 

EXECUTIVE SUMMARY  

1      A local authority must adopt a set of standing orders for the conduct of its meeting and those of its committees (clause 27, Schedule 7, Local Government Act 2002).

2      Local Government New Zealand has reviewed and revised the form of standing orders which apply to community board meetings. 

3      This report recommends the adoption of the revised standing orders.

RECOMMENDATIONS

That the Board:

a)     Notes that the form of standing orders proposed is as recommended by Local Government New Zealand.

b)     Adopts the standing orders in the form proposed in Attachment A to this report.

 

BACKGROUND

4      Standing orders are part of the Community Boards governance framework and a Community Board is required to adopt standing orders (clause 27, Schedule 7, Local Government Act 2002).

5      Community Boards are expected to have in place a governance framework that is fair.  Standing orders achieve fairness as they are structured rules that specify the procedures for all members and the public to participate in decision making at meetings.  The purpose of a structured procedure is to focus the discussion and debate on the issues related to the decision, rather than personalities.

6      The Community Board currently has standing orders in place but it does not incorporate a number of recommendations that have flowed from various decisions and advice from the Office of the Auditor General issued over the past three years.

DISCUSSION

7      Local Government New Zealand has now provided advice to all Councils and Community Boards as to a recommended form of standing orders. 

8      The form of standing orders proposed by Local Government New Zealand reflects best practice and the advice provided from the Office of the Auditor General.  The proposed form of standing orders is appended as Attachment A. 

9      The proposed standing orders provide for:

a)     The Chairperson to have a casting vote, and there is no requirement for that vote to be cast in favour of the status quo(Standing Order 18.1);

b)     A public forum of up to 30 minutes (with provision for this to be extended by a resolution of the meeting) (Standing Order 14.1);

c)     Interests must be declared, but neither the chairperson nor the meeting may rule on whether a member has a pecuniary or non-pecuniary interest in the matter.  Members who have an interest must not participate in discussion or vote.  The member must leave the table, but is not required to leave the room unless it is an agenda item that is considered with the public excluded (Standing Order 19.7 – 19.8);

d)     Members may attend a meeting by audio or audio-visual link, with the Chairperson's approval and provided a request to do so is made to the Chairperson and the Chief Executive with 2 working days' notice.  If the Chairperson is attending via audio or visual link, the duties of the Chairperson are to be carried out by the deputy chair or other member physically present.  However, the Council has no obligation to make the technology available for an audio or audio-visual link.  Where the technology is not available, it will not be possible for the member to attend the meeting by audio or audio-visual link (Standing Order 12.7-12.16).

e)     The standing orders presented for adoption are in the same form as those recommended by Local Government New Zealand.

10    The provisions of the proposed standing orders are similar in substance to the current standing orders.  However, the proposed standing order is expressed in plain English, and more detail is provided as to how the standing orders are to apply.  They are more easily understood and represent best practice in the local government sector.

11    Community Board members should note that the adoption of a new form of standing orders requires a vote of not less than 75% of the members present and voting.

OPTIONS

12    No summary of considerations is provided with this report as the content is administrative only and is based on a proposal developed by Local Government New Zealand.

13    The Community Board may adopt the standing orders as proposed or alternatively continue with the standing orders that are in effect currently.

Option One – Adopt the new “Standing Orders Mosgiel-Taieri Community Board, October 2016”

 

14    The adoption of standing orders in the form proposed is recommended.

Advantages

·           The form of standing orders proposed is consistent with best practice in the Local Government sector.

·           The proposed standing orders are written using plain English and are easier and more concise more easily understood by members of the public who wish to participate in decision making.

·           There are efficiencies in the administration of the Council's governance framework  where (such as lower training costs) where standing orders are in substance the same as what is proposed by Local Government New Zealand.

Disadvantages

·           No disadvantages have been identified.

Option Two – Retain the existing Standing Orders - Status Quo

15    The existing standing orders are continued, and the proposed standing orders are not adopted.

Advantages

·           No advantages have been identified as the current standing orders do not meet best practice.

Disadvantages

·           The Council may be subject to an adverse comment from the Auditor General if its governance framework is not in accordance with best practice.

NEXT STEPS

16    If the recommended option is accepted, the format of standing orders will be finalised and circulated to elected members and made available on the Council website.

17    A training session on the new version of Standing Orders will be arranged for Community Board Members, Councillors and senior staff.

 

Signatories

Author:

Kristy Rusher - Manager Civic and Legal

Authoriser:

Sandy Graham - General Manager Strategy and Governance

Sue Bidrose - Chief Executive Officer 

Attachments

 

Title

Page

a

Proposed Standing Orders - Community Board

34

  


Mosgiel Taieri Community Board

26 October 2016

 

 

 

 

 

 

Community board name

 

 

 

 

 

 

 

Standing Orders

 

 

 

 

 

 

 

 

 

 

Date on which standing orders adopted

Preface

These standing orders have been designed specifically for community boards and meet the requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 and are recommended for the use of community boards by the Community Board Executive.

Community boards are required under cl. 27 Schedule 7 the Local Government Act 2002 (LGA 2002) to adopt a set of standing orders for the conduct of their meetings and those of its committees and subcommittees. 

Standing orders contain rules for the orderly conduct of the proceedings of community boards and any community board committees or subcommittees.  Their purpose is to enable community boards to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner.

In doing so the application of standing orders contributes to public confidence in the quality of local government and democracy in general.

For clarification whenever a question about the interpretation or application of these standing orders arises, particularly if the matter is not provided for in the standing orders, it is the responsibility of the Chairperson to make a ruling.

All members of a community board must abide by these standing orders.

 

 

 

 

Copyright Notice:

The ……………….. Council (Council) has been granted a royalty-free, non-exclusive, non-transferable and revocable licence to:

·      amend the standing orders (Amended Standing Orders) so that they are suitable for the Council’s specific context and needs;

·      copy the Amended Standing Orders for use by the Council’s employees and elected members and the public; and

·      place the Amended Standing Orders on the Council or public website.

The Council will not supply or make available to any third party a copy of the Guide, the Standing Orders or the Amended Standing Orders other than as permitted by this licence. All other rights are reserved by EquiP, the copyright owner, under the Copyright Act 1994. Any request to use the standing orders for purposes other than those described above should be made directly to EquiP.

EquiP has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.

 


 

Contents

1.         Introduction   10

1.1       Principles  10

1.2       Statutory references  10

1.3       Acronyms  11

1.4       Application   11

2.         Definitions  11

General matters  16

3.         Standing orders  16

3.1       Obligation to adopt standing orders  16

3.2       Process for adoption and alteration of standing orders  16

3.3       Members must obey standing orders  16

3.4       Application of standing orders  16

3.5       Temporary Suspension of standing orders  16

3.6       Quasi-judicial proceedings  17

3.7       Physical address of members  17

4.         Meetings  17

4.1       Legal requirement to hold meetings  17

4.2       Meeting duration   17

4.3       Language   17

4.4       Webcasting meetings  18

4.5       First meeting (inaugural)  18

4.6       Requirements for the first meeting  18

5.         Appointments and elections  19

5.1       Elections of Chairpersons and deputy Chairpersons  19

5.2       Voting system for Chairperson and deputy Chairperson   19

6.         Delegations  19

6.1       Community boards may delegate   19

6.2       Use of delegated powers  20

6.3       Decisions made under delegated authority cannot be rescinded or amended   20

7.         Committees  20

7.1       Appointment of committees and subcommittees  20

7.2       Discharge or reconstitution of committees and subcommittees  20

7.3       Appointment or discharge of committee and subcommittee members  21

7.4       Elected members on committees and subcommittees  21

7.5       Community board may replace members if committee not discharged   21

7.6       Decision not invalid despite irregularity in membership   21

Pre-meeting  22

8.         Giving notice   22

8.1       Public notice – ordinary meetings  22

8.2       Notice to members - ordinary meetings  22

8.3       Extraordinary meeting may be called   22

8.4       Notice to members - extraordinary meetings  22

8.5       Public notice - extraordinary meetings  23

8.6       Process for calling an extraordinary meeting at an earlier time   23

8.7       Notification of extraordinary meetings held at an earlier time   23

8.8       Chief executive may make other arrangements  23

8.9       Meetings not invalid   23

8.10    Resolutions passed at an extraordinary meeting  24

8.11    Meeting schedules  24

8.12    Non-receipt of notice to members  24

8.13    Meeting cancellations  24

9.         Meeting agenda  25

9.1       Preparation of the agenda  25

9.2       Process for raising matters for a decision   25

9.3       Chief executive may delay or refuse request  25

9.4       Order of business  25

9.5       Chairperson’s recommendation   25

9.6       Chairperson’s report  25

9.7       Public availability of the agenda  26

9.8       Public inspection of agenda  26

9.9       Withdrawal of agenda items  26

9.10    Distribution of the agenda  26

9.11    Status of agenda  26

9.12    Items of business not on the agenda which cannot be delayed   26

9.13    Discussion of minor matters not on the agenda  27

9.14    Public excluded business on the agenda  27

9.15    Qualified privilege relating to agenda and minutes  27

Meeting Procedures  28

10.       Quorum    28

10.1    Councils  28

10.2    Committees and subcommittees  28

10.3    Joint Committees  28

10.4    Requirement for a quorum    29

10.5    Meeting lapses where no quorum    29

10.6    Business from lapsed meetings  29

11.       Public access and recording  29

11.1    Meetings open to the public  29

11.2    Grounds for removing the public  29

11.3    Community board may record meetings  29

11.4    Public may record meetings  30

12.       Attendance   30

12.1    Members right to attend meetings  30

12.2    Attendance when a committee is performing judicial or quasi-judicial functions  30

12.3    Leave of absence   30

12.4    Apologies  30

12.5    Recording apologies  31

12.6    Absence without leave   31

12.7    Right to attend by audio or audio visual link  31

12.8    Member’s status: quorum    31

12.9    Member’s status: voting  31

12.10  Chairperson’s duties  31

12.11  Conditions for attending by audio or audio visual link  32

12.12  Request to attend by audio or audio visual link  32

12.13  Chairperson may terminate link  32

12.14  Giving or showing a document  32

12.15  Link failure   33

12.16  Confidentiality  33

13.       Chairperson’s role in meetings  33

13.1    Community board   33

13.2    Committees  33

13.3    Addressing the Chairperson   33

13.4    Chairperson’s rulings  33

13.5    Chairperson standing  34

13.6    Member’s right to speak  34

13.7    Chairperson may prioritise speakers  34

14.       Public Forums  34

14.1    Time limits  34

14.2    Restrictions  34

14.3    Questions at public forums  35

14.4    No resolutions  35

15.       Deputations  35

15.1    Time limits  35

15.2    Restrictions  35

15.3    Questions of a deputation   36

15.4    Resolutions  36

16.       Petitions  36

16.1    Form of petitions  36

16.2    Petition presented by petitioner  36

16.3    Petition presented by member  36

17.       Exclusion of public  37

17.1    Motions and resolutions to exclude the public  37

17.2    Specified people may remain   37

17.3    Public excluded items  37

17.4    Non-disclosure of information   37

17.5    Release of information from public excluded session   38

18.       Voting  38

18.1    Decisions by majority vote   38

18.2    Open voting  38

18.3    Chairperson has a casting vote   38

18.4    Method of voting  38

18.5    Calling for a division   39

18.6    Request to have votes recorded   39

18.7    Members may abstain   39

19.       Conduct  39

19.1    Calling to order  39

19.2    Disrespect  39

19.3    Retractions and apologies  39

19.4    Disorderly conduct  40

19.5    Contempt  40

19.6    Removal from meeting  40

19.7    Financial conflicts of interests  40

19.8    Non-financial conflicts of interests  41

19.9    Qualified privilege for meeting proceedings  41

19.10  Qualified privilege additional to any other provisions  41

19.11  Electronic devices at meetings  41

20.       General rules of debate   41

20.1    Chairperson may exercise discretion   41

20.2    Time limits on speakers  42

20.3    Questions to staff  42

20.4    Questions of clarification   42

20.5    Members may speak only once   42

20.6    Limits on number of speakers  42

20.7    Seconder may reserve speech   42

20.8    Speaking only to relevant matters  42

20.9    Restating motion   43

20.10  Criticism of resolutions  43

20.11  Objecting to words  43

20.12  Right of reply  43

20.13  No other member may speak  43

20.14  Adjournment motions  43

20.15  Chairperson’s acceptance of closure motions  44

21.       General procedures for speaking and moving motions  44

21.1    Options for speaking and moving  44

21.2    Option A   44

21.3    Option B   44

21.4    Option C   45

21.5    Procedure if no resolution is reached   45

22.       Motions and amendments  45

22.1    Proposing and seconding motions  45

22.2    Motions in writing  45

22.3    Motions expressed in parts  45

22.4    Substituted motion   46

22.5    Amendments to be relevant and not direct negatives  46

22.6    Foreshadowed amendments  46

22.7    Lost amendments  46

22.8    Carried amendments  46

22.9    Where a motion is lost  46

22.10  Withdrawal of motions and amendments  46

22.11  No speakers after reply or motion has been put  47

23.       Revocation or alteration of resolutions  47

23.1    Member may move revocation of a decision   47

23.2    Revocation must be made by body responsible for the decision   47

23.3    Requirement to give notice   47

23.4    Restrictions on actions under the affected resolution   48

23.5    Revocation or alteration by resolution at same meeting  48

23.6    Revocation or alteration by recommendation in report  48

19.12  A Financial conflicts of interests  48

19.13  Non-financial conflicts of interests  48

24.       Procedural motions  49

24.1    Procedural motions must be taken immediately  49

24.2    Procedural motions to close or adjourn a debate   49

24.3    Voting on procedural motions  50

24.4    Debate on adjourned items  50

24.5    Remaining business at adjourned meetings  50

24.6    Business referred to a committee   50

24.7    Other types of procedural motions  50

25.       Points of order  50

25.1    Members may raise points of order  50

25.2    Subjects for points of order  50

25.3    Contradictions  51

25.4    Point of order during division   51

25.5    Chairperson’s decision on points of order  51

26.       Notices of motion   51

26.1    Notice of intended motion to be in writing  51

26.2    Refusal of notice of motion   51

26.3    Mover of notice of motion   52

26.4    Alteration of notice of motion   52

26.5    When notices of motion lapses  52

26.6    Referral of notices of motion   52

26.7    Repeat notices of motion   52

27.       Minutes  53

27.1    Minutes to be evidence of proceedings  53

27.2    Matters recorded in minutes  53

27.3    No discussion on minutes  53

27.4    Minutes of last meeting before election   54

28.       Minute books  54

28.1    Inspection   54

28.2    Inspection of public excluded matters  54

Referenced documents  54

Appendix 1: Grounds to exclude the public  55

Appendix 2: Sample resolution to exclude the public  57

Appendix 3: Motions and amendments  60

Appendix 4: Table of procedural motions  61

Appendix 5: Webcasting protocols  63

Appendix 6: Powers of a Chairperson   64

Appendix 7: Process for removing a Chairperson or deputy Chairperson   69

Appendix 8: Workshops  70

Appendix 9: Sample order of business  71

Appendix 10: Process for raising matters for a decision   72


 

1.        Introduction

These Standing Orders have been prepared to enable the orderly conduct of community board authority meetings. They incorporate the legislative provisions relating to meetings, decision making and transparency. They also include practical guidance on how meetings should operate so that statutory provisions are complied with and the spirit of the legislation fulfilled.

To assist elected members and officials the document is structured in three parts:

·        Part 1 deals with general matters

·        Part 2 deals with pre-meeting procedures

·        Part 3 deals with meeting procedures.

Following Part 3 the Appendices provide templates and additional guidance for implementing provisions within the Standing Orders. Please note, the Appendix is an attachment to the standing orders and is not part of the standing orders as adopted by the community board.

In addition the Standing Orders Guide provides advice and good practice tips for Chairpersons and staff on the implementation of the standing orders.

1.1        Principles

Standing orders are part of the framework of processes and procedures designed to ensure that our system of local democracy and in particular local government is transparent and accountable. Standing orders give effect to the principles which underpin good governance. Key principles are that a local authority and consequently a community board should:

·        conduct its business in an open, transparent and democratically accountable manner;

·        give effect to its identified priorities and desired outcomes in an efficient and effective manner;

·        make itself aware of, and have regard to, the views of all of its communities;

·        take account, when making decisions, of the diversity of the community, its interests and the interests of future communities as well;

·        ensure that any decisions made under these standing orders comply with the decision-making provisions of Part 6 of the LGA; and

·        ensure that decision-making procedures and practices meet the standards of natural justice.

In addition, the LGA 2002 requires that all local authorities act so that “governance structures and processes are effective, open and transparent” (s. 39 LGA 2002).

1.2        Statutory references

The Standing orders combine statutory provisions with guidance on their application. Where a statutory provision has been augmented with advice on how it might be implemented the advice (so as not to confuse it with the statutory obligation) is placed below the relevant legislative reference. In some cases the language in the statutory provision may have been modernised or amended to ensure consistency with more recently enacted statutes.  Original versions of each statutory provision are included in the Standing Orders’ Guidelines, the companion document.

It is important to note that during a meeting any statutory references in the standing orders apply throughout the period of the meeting, regardless of whether or not parts or all of the Standing Orders have been suspended. These provisions must also be carried through into any amendment of the standing orders that might be made.

Please note, where it is employed the word ‘must’, unless otherwise stated, identifies a mandatory legislative requirement.

1.3        Acronyms

LGA 2002       Local Government Act 2002

LGOIMA        Local Government Official Information Act 1987

LAMIA                        Local Authority (Elected) Members’ Interests Act 1968

1.4        Application

For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups.

 

2.        Definitions

Adjournment means a break in the proceedings of a meeting. A meeting, or discussion on a particular business item, may be adjourned for a brief period, or to another date and time.

Advisory group means a group of people convened by a local authority for the purpose of providing advice or information that is not a committee or subcommittee. These standing orders do not apply to such groups.  This definition also applies to workshops, working parties, working group, panels, forums, portfolio groups, briefings and other similar bodies.

Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items in the order in which they will be considered. It is also referred to as an ‘order paper’.

Amendment means any change or proposed change to the original or substantive motion.

Audio link means facilities that enable audio communication between participants at a meeting when one or more of them is not physically present at the place of the meeting.

Audiovisual link means facilities that enable audiovisual communication between participants at a meeting when one or more of them is not physically present at the place of the meeting.

Chairperson means the person presiding at a meeting – the presiding member. 

Chief Executive means the chief executive of a territorial or regional authority appointed under section 42 of the LGA 2002, and includes for the purposes of these standing orders, any other officer authorized by the local authority. 

Clear working days means the number of working days (business hours) prescribed in these standing orders for the giving of notice; and excludes the date of the meeting and date on which the notice is served.

Committee includes, in relation to a local authority:

(a)       A committee comprising all the members of that authority;

(b)       A standing committee or special committee appointed by that authority;

(c)       A joint committee appointed under clause 30A of Schedule 7 of the LGA 2002; and

(d)       Any subcommittee of a committee described in (a), (b) and (c) of this definition.

Community board means a community board established under s.49 of the LGA 2002.

Contempt means being disobedient to or disrespectful of the chair of a meeting, or any members or officers present.

Council means, in the context of these standing orders, the governing body of a local authority.

Deputations means a request from any person or group to make a presentation to the community board which is approved by the Chairperson and which may be made in English, te reo Māori or New Zealand Sign Language.

Electronic link means both an audio and audio visual link.

Extraordinary meeting has the same meaning as defined in clause 22 of Schedule 7 of the LGA 2002.

Foreshadowed motion means a motion that a member indicates their intention to move once the debate on a current motion or amendment is concluded.

Joint Committee means a committee in which the members are appointed by more than one community board in accordance with clause 30A of Schedule 7 of the LGA 2002.

Karakia timatanga means an opening prayer.

Karakia whakamutunga means a closing prayer.

Lawfully excluded means a member of a community board who has been removed from a meeting due to contempt.

Local authority means in the context of these standing orders a regional council or territorial authority, as defined in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate decision-making bodies established by the local authority.

Mayor means the Mayor of a territorial authority elected under the Local Electoral Act 2001.

Meeting means any first, inaugural, ordinary, or extraordinary meeting of a local authority, subordinate decision-making bodies and any community or local board of the local authority convened under the provisions of LGOIMA. 

Member means any person elected or appointed to the community board.

Mihi whakatau means a brief welcome typically delivered by one person without any further formalities.

Minutes means the record of the proceedings of any meeting of the community board.

Motion means a formal proposal to a meeting.

Mover means the member who initiates a motion.

Newspaper means a periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publications; and this includes every publication that at any time accompanies and is distributed along with any newspaper.

Notice of Motion means a motion given in writing by a member in advance of a meeting in accordance with, and as provided for, in these Standing Orders.

Open voting means voting that is conducted openly and in a transparent manner and may be conducted by electronic means. The result of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded.

Order Paper means the list of items for consideration at a meeting together with reports and other attachments relating to those items set out in the order in which they will be considered.  An order paper is also referred to as an agenda.

Ordinary meeting means any meeting, other than the first meeting, of a local authority or community board publicly notified in accordance with sections 46(1) and (2) of LGOIMA.

Petition means a request to a local authority which contains at least 20 signatures.

Powhiri means a formal welcome involving a Karanga from the Tangata Whenua (the home people) followed by formal speech making. A Powhiri is generally used for formal occasions of the highest significance.

Presiding member means the person chairing a meeting.

Procedural motion means a motion that is used to control the way in which a motion or the meeting is managed as specified in standing orders 24.1 – 24.7.

Public excluded information refers to information which is currently before a public excluded session, is proposed to be considered at a public excluded session, or had previously been considered at a public excluded session and not yet been released as publicly available information. It includes:

·    any minutes (or portions of minutes) of public excluded sessions which have not been subsequently released by the local authority or community board;

·    any other information which has not been released by the local authority or community board as publicly available information.

Public excluded session, also referred to as confidential or in-committee session, refers to those meetings or parts of meetings from which the public is excluded by the community board as provided for in LGOIMA.

Public Forum refers to a period usually at the start of a meeting for the purpose of public input.

Publicly notified means notified to members of the public by notice contained in a newspaper circulating in the district of the local authority, or where there is no such newspaper, by notice displayed in a public place. The notice may also be replicated on a council’s website.

Qualified Privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.

Quasi-judicial refers to a meeting that involves the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and/or the application of legal principles.

Quorum means the minimum number of members required to be present in order to constitute a valid meeting.

Regional Council Chairperson means the member of the governing body of a regional council elected as Chairperson of that regional council under cl.25 Schedule 7 LGA 2002.

Resolution means a motion that has been adopted by the meeting.

Right of Reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. (The right can also apply to an amendment.

Seconder means the member who seconds a motion.

Sub judice means under judicial consideration and therefore prohibited from public discussion elsewhere.

Subordinate decision-making body means committees, subcommittees, and any other bodies established by a local authority that have decision-making authority, but not local or community boards.

Substantive motion means the original motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion incorporating any amendments adopted by the meeting.

Substantive resolution means the substantive motion that has been adopted by the meeting, or may be a restatement of a resolution that has been voted on in parts.

Subcommittee means a subordinate decision-making body established by a council, or a committee of a council, local board or community board. See definition of “Committee”.

Working day means any day of the week other than:

(a)       Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day and, if Waitangi Day or Anzac Day falls on a weekend, the following Monday.

(b)       A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

Should a local authority or community board wish to meet between the 25th of December and the 15th day of January in the following year any meeting must be notified as an extraordinary meeting unless there is sufficient time to notify an ordinary meeting before the commencement of the period.

Working party means a group set up by a local authority or community board to achieve a specific objective that is not a committee or subcommittee and to which these standing orders do not apply.

Workshop, also described as a briefing, means in the context of these standing orders, a gathering of elected members for the purpose of considering matters of importance to the local authority at which no decisions are made and to which these standing orders do not apply. Workshops may include non-elected members. See definition of “advisory group”.

General matters

3.        Standing orders

3.1        Obligation to adopt standing orders

A community board is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Standing orders must not contravene any Act.  

cl. 27(1) & (2), Schedule 7, LGA 2002

3.2        Process for adoption and alteration of standing orders

The adoption of standing orders and any amendment to standing orders must be made by the community board through a vote of not less than 75 % of the members present.  Any amendments also require a vote of not less than 75% of the members of the community board.

cl. 27(3) Schedule 7, LGA 2002.

3.3        Members must obey standing orders

All members of the community board and its committees and subcommittees must obey these standing orders. 

cl. 16(1) Schedule 7, LGA 2002.

3.4        Application of standing orders

These standing orders apply to all meetings of the community board and its committees and subcommittees. This includes meetings and sessions that the public are excluded from. 

3.5        Temporary Suspension of standing orders

Any member of a community board may move a motion to suspend standing orders. Any such motion must include the reason for the suspension. If seconded, the Chairperson must put the motion without debate and at least 75 per cent of the members present and voting must vote in favour of the suspension if it is to pass.

cl. 27(4), Schedule 7, LGA 2002

A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.

3.6        Quasi-judicial proceedings

For quasi-judicial proceedings the community board may amend meeting procedures. For example, committees hearing applications under the RMA 1991 have additional powers under the Commissions of Inquiry Act 1908.

3.7        Physical address of members

Every member of a community board must give to the chief executive a physical residential or business address within the district or region of the local authority and, if desired, an electronic or other address, to which notices and material relating to meetings and community board business may be sent or delivered. Members are to provide their address within 5 working days of the publication of the declaration of the election results.

 

4.        Meetings

4.1        Legal requirement to hold meetings

A community board must hold meetings for the good government of its community. Meetings must be called and conducted in accordance with:

(a)  Schedule 7 of the LGA 2002;

(b)  Part 7 of LGMOIA; and 

(c)   These standing orders.

A meeting can be adjourned to a specified time and day if required by resolution of the meeting.

4.2        Meeting duration 

A meeting cannot continue more than six hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting or transferred to an extraordinary meeting.

No meeting can sit for more than three hours continuously without a break of at least ten minutes unless the meeting resolves to extend the time before a break. 

4.3        Language

A member may address a meeting in English, te reo Māori or New Zealand Sign Language.  A Chairperson may require that a speech is translated and printed in English or te reo Maori.

If a member intends to address the meeting in New Zealand Sign Language, or in te reo Māori when the normal business of the meeting is conducted in English, they must give prior notice to the Chairperson not less than 2 working days before the meeting.  Where the normal business of the meeting is conducted in te reo Māori then prior notice of the intention to address the meeting in English must also be given to the Chairperson not less than 2 working days before the meeting.

4.4        Webcasting meetings

Webcast meetings should be provided in accordance with the protocols contained in Appendix 5.

4.5        First meeting (inaugural)

The first meeting of a community board following a local authority triennial general election must be called by the chief executive following the declaration of the final results. The chief executive must give members not less than 7 days’ notice of the meeting. However, in the event of an emergency the chief executive may give notice of the meeting as soon as practicable. 

cl. 21(1) - (4), Schedule 7, LGA

4.6        Requirements for the first meeting

The chief executive (or, in the absence of the chief executive, their nominee) must chair the meeting until the Chairperson has made an oral declaration and attested the declaration (as set out in cl. 21(4), Schedule 7, (LGA 2002)).

The business to be conducted at the first meeting following a general election must include the following:

(a)       The making and attesting of the declarations required of members under cl.14, Schedule7 (LGA 2002), and

(b)       The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson under cl.14 Schedule7 (LGA 2002), and

(c)       A general explanation, given or arranged by the chief executive, of:

i.          LGOIMA; and

ii.         Other laws affecting members, including the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013;

(d)       The fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings; and

(e)       the election of the dep deputy Chairperson in accordance with cl.17 Schedule7 (LGA 2002). 

cl. 21(5), Schedule 7, LGA 2002.

In addition, a community board will normally adopt its standing orders at the first meeting, although this is not a requirement (unless amendments are made at the meeting) as standing orders remain in force after each triennial election. 


 

5.        Appointments and elections

5.1        Elections of Chairpersons and deputy Chairpersons

When electing a Chairperson or deputy Chairperson the community board (or a committee making the appointment) must decide by resolution to use one of two voting systems set out in Standing Order 5.2.

5.2        Voting system for Chairperson and deputy Chairperson

When electing a Chairperson or deputy Chairperson the community board must resolve to use one of the following two voting systems.

System A

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting.  This system has the following characteristics:

(a)       there is a first round of voting for all candidates;

(b)       if no candidate is successful in the first round, there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(c)       if no candidate is successful in the second round, there is a third round, and if necessary subsequent rounds, of voting from which, each time, the candidate with the fewest votes in the previous round is excluded.

In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.

u   System B

The candidate will be elected or appointed if he or she receives more votes than any other candidate.  This system has the following characteristics:

(a)       there is only one round of voting; and

(b)       if two or more candidates tie for the most votes, the tie is resolved by lot.

cl. 25 Schedule 7, LGA 2002.

 

6.        Delegations

6.1        Community boards may delegate

A community board may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the council.

cl. (2) & (3), Schedule 7, LGA 2002.

6.2        Use of delegated powers

A committee, subcommittee, member or officer to which or to whom any responsibilities, powers, duties are delegated may, without confirmation by the community board, exercise or perform them in the like manner and with the same effect as the community board itself could have exercised or performed them.

cl. 32(2) & (3)(4) Schedule 7, LGA 2002.

6.3        Decisions made under delegated authority cannot be rescinded or amended

Nothing in these standing orders allows a community board to rescind or amend a lawfully made decision of a committee, subcommittee or person carried out under a delegation authorising the making of that decision. 

cl. 30 (6), Schedule 7, LGA 2002.

 

7.        Committees

7.1        Appointment of committees and subcommittees

A community board may appoint the committees and subcommittees that it considers appropriate. A committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the community board.

cl. 30(1) & (2), Schedule 7, LGA 2002.

7.2        Discharge or reconstitution of committees and subcommittees

Unless expressly provided otherwise in legislation or regulation:

(a)       a community board may discharge or reconstitute a committee or subcommittee, or other subordinate decision-making body; and

(b)       a committee may discharge or reconstitute a subcommittee.   

A committee, subcommittee, or other subordinate decision-making body is, unless a community board resolves otherwise, discharged when members elected at a subsequent triennial general election come into office. 

cl. 30 (5) & (7), Schedule 7, LGA 2002.

Please note: s.12 (2) of the Civil Defence and Emergency Management Act 2002 states that the Civil Defence and Emergency Management Group are not deemed to be discharged following a triennial election.

7.3        Appointment or discharge of committee and subcommittee members

A community board may appoint or discharge any member of a committee or subcommittee. A committee may appoint or discharge any member of a subcommittee appointed by the committee unless directed otherwise by the community board.

cl. 31 (1) & (2), Schedule 7, LGA 2002.

7.4        Elected members on committees and subcommittees

The members of a committee or subcommittee may be, but are not required to be, elected members of a local authority. A community board may appoint a person who is not a member of the local authority to a committee or sub committee if, in the opinion of the community board, the person has the skills, attributes or knowledge to assist the committee or subcommittee to fulfil their terms of reference.

At least one member of a committee must be an elected member of the community board. A staff member of the local authority, in the course of their employment, can be a member of a subcommittee but not a committee.

cl. 31(4) Schedule 7, LGA 2002.

7.5        Community board may replace members if committee not discharged

If a community board resolves that a committee or subcommittee is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, it may replace the members of that committee or subcommittee after the next triennial general election of members.

cl. 31(5) Schedule 7, LGA 2002.

7.6        Decision not invalid despite irregularity in membership

For the purpose of these standing orders a decision of a community board is not invalidated if:

1.    there is a vacancy in the membership of the community board at the time of the decision; or

2.    following the decision some defect in the election or appointment process is discovered and/or that a person on the community board at the time is found to have been ineligible of being a member.

cl. 29, Schedule 7, LGA 2002.


 

Pre-meeting

8.        Giving notice

8.1        Public notice – ordinary meetings

All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of every month, together with the dates on which and the times and places at which those meetings are to be held. In the case of meetings held on or after the 21st day of the month public notification must be given not more than 10, nor less than 5, working days before the day on which the meeting is to be held.

s. 46, LGOIMA

8.2        Notice to members - ordinary meetings

The chief executive must give notice in writing to each member of the community board of the time and place of any meeting. Notice must be given at least 14 days before the meeting unless the community board has adopted a schedule of meetings, in which case notice must be given at least 14 days before the first meeting on the schedule.

cl. 19 (5), Schedule7 LGA 2002.

8.3        Extraordinary meeting may be called

An extraordinary council meeting may be called by:

(a)       resolution of the community board, or

(b)       a requisition in writing delivered to the chief executive which is signed by:

i.          the Chairperson, or

ii.         no less than one third of the total membership of the community board (including vacancies).

cl. 22(1) Schedule 7, LGA 2002.

8.4        Notice to members - extraordinary meetings

Notice in writing of the time and place of an extraordinary meeting called under standing order 8.3 and of the general nature of business, must be given by the chief executive to each member of the community board at least 3 working days before the day appointed for the meeting. If the meeting is called by a resolution then notice must be provided within such lesser period as is specified in the resolution, as long as it is not less than 24 hours.

cl. 22(3), Schedule7 LGA 2002.   

8.5        Public notice - extraordinary meetings

Where an extraordinary meeting of a community board was called and notice of that meeting was inconsistent with these standing orders the community board must, as soon as practicable following the meeting, give public notice stating that

(a)       the meeting has occurred;

(b)       the general nature of business transacted; and

(c)       the reasons why it was not correctly notified.

s. 46(3) & (4), LGOIMA.

8.6        Process for calling an extraordinary meeting at an earlier time

If the business to be dealt with requires a meeting to be held at a time earlier than is allowed by the notice requirements specified in standing order 8.4, a meeting may be called by the Chairperson, or if the Chairperson is not available, the chief executive.

cl. 22(2) Schedule 7, LGA 2002.

8.7        Notification of extraordinary meetings held at an earlier time

Notice of the time and place of a meeting called under Standing Orders 8.6, and of the matters for which the meeting is being called, must be given by the person calling the meeting, or by another person on that person’s behalf, to each member of the community board and the chief executive by whatever means is reasonable in the circumstances at least 24 hours before the time appointed for the meeting.

cl. 22(4), Schedule7 LGA 2002.

8.8        Chief executive may make other arrangements

The chief executive is to make any other arrangement for the notification of meetings, including extraordinary meetings, as the community board may, from time to time, determine.

s. 46(5) LGOIMA.

8.9        Meetings not invalid

The failure to notify a public meeting under these standing orders does not of itself make that meeting invalid. However, where a community board becomes aware that a meeting has been incorrectly notified it must, as soon as practicable, give public notice stating:

·        that the meeting occurred without proper notification;

·        the general nature of the business transacted; and

·        the reasons why the meeting was not properly notified.

s. 46(6), LGOIMA.

8.10      Resolutions passed at an extraordinary meeting

A community board must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the community board unless -

(a)       the resolution was passed at a meeting or part of a meeting from which the public was excluded; or

(b)       the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.

s. 51A, LGOIMA.

8.11      Meeting schedules

Where the community board adopts a meeting schedule it may cover any period that the community board considers appropriate and may be amended.  Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting.

cl. 19 (6) Schedule 7 LGA 2002.

8.12      Non-receipt of notice to members

A meeting of a community board is not invalid if notice of that meeting was not received, or not received in due time, by a member of the community board unless:

1.         it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and

2.         the member concerned did not attend the meeting.

A member of a community board may waive the need to be given notice of a meeting.

cl. 20 (1) & (2) Schedule 7 LGA 2002.

8.13      Meeting cancellations

The Chairperson of a scheduled meeting may cancel the meeting if the Chairperson, in consultation with the chief executive, considers this is necessary for reasons that include lack of business, lack of quorum or clash with another event.  

The chief executive must make a reasonable effort to notify members and the public as soon as practicable of the cancellation and the reasons behind it.


 

9.        Meeting agenda

9.1        Preparation of the agenda

It is the chief executive’s responsibility to prepare an agenda for each meeting listing and attaching information on the items of business to be brought before the meeting so far as is known, including the names of the relevant members.

The chief executive should consult the Chairperson on any business items being prepared for the agenda.

9.2        Process for raising matters for a decision

Requests for reports may be made by a resolution of the community board and must also fall within the scope of the board’s delegations. A process for requesting reports is described in Appendix 10.

9.3        Chief executive may delay or refuse request

The chief executive may delay commissioning any reports that involve significant cost or are beyond the scope of the community board that made the request. In such cases the chief executive will discuss options for meeting the request with the respective Chairperson and/or report back to the subsequent meeting with an estimate of the cost involved and seek a direction on whether the report should still be prepared.

If a member makes a direct request to a chief executive that a report is prepared the chief executive may refuse. In such cases an explanation must be provided to the member.

9.4        Order of business

At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the Chairperson or the meeting decides otherwise. An example of a default order of business is set out in Appendix 9.

The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called. 

9.5        Chairperson’s recommendation

A Chairperson, either prior to the start of the meeting and/or at the meeting itself, may include a recommendation regarding any item on the agenda brought before the meeting.  Where a Chairperson’s recommendation varies significantly from an officer’s recommendation the reason for the variation must be explained.

9.6        Chairperson’s report

The Chairperson of a meeting has the right, through a report, to direct the attention of a meeting to any matter which is on the agenda or which falls within the responsibilities of that meeting.

9.7        Public availability of the agenda

All information provided to members at a community board meeting must be publicly available except where an item included in the agenda refers to a matter reasonably expected to be discussed with the public excluded.

s. 5 & 46A, LGOIMA

9.8        Public inspection of agenda

Any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least 2 working days before every meeting, all agendas and associated reports circulated to members of the community board and relating to that meeting.  The agenda:

(a)       must be available for inspection at the public offices of the local authority (including service delivery centres), at public libraries under the authority’s control and on the council’s website, and:

(b)       must be accompanied by either:

i.          the associated reports; or

ii.         a notice specifying the places at which the associated reports may be inspected.

s. 46A (1), LGOIMA

9.9        Withdrawal of agenda items

If justified by circumstances an agenda item may be withdrawn by the chief executive. In the event of an item being withdrawn the chief executive should inform the Chairperson.

9.10      Distribution of the agenda

The chief executive must send the agenda to every member of the community board at least two clear working days before the day of the meeting, except in the case of an extraordinary meeting (see Standing Order 8.4).

The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.

9.11      Status of agenda

No matter on a meeting agenda, including recommendations, may be considered final until determined by formal resolution of the meeting. 

9.12      Items of business not on the agenda which cannot be delayed

A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting: 

(a)       the reason the item is not on the agenda; and

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

s. 46A (7), LGOIMA

Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson. 

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002.

9.13      Discussion of minor matters not on the agenda

A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

s. 46A (7A), LGOIMA.

9.14      Public excluded business on the agenda

Items that are likely to be discussed under public excluded must be indicated on each agenda and state the general subject of the item. The chief executive, however, may exclude public access to any reports, or parts of reports, which are reasonably expected to be discussed  when the public is excluded.

s. 46A (9), LGOIMA.

9.15      Qualified privilege relating to agenda and minutes

Where any meeting of the community board is open to the public and a member of the public is supplied with a copy of the agenda or the minutes of that meeting the publication of any defamatory matter included in the agenda or in the minutes is privileged, unless the publication is proved to have been made with ill will or taking improper advantage of the publication.

s. 52, LGOIMA.


 

Meeting Procedures

Opening and closing

At the start of a meeting a community board may choose to recognise the civic importance of the occasion through some form of reflection.  This could be an expression of community values, a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau.  Options for opening a meeting could include a karakia timitanga, mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting where appropriate.

10.      Quorum

10.1      Councils

The quorum for a meeting of the community board is:

(a)       half of the members physically present, where the number of members (including vacancies) is even; and

(b)       a majority of the members physically present, where the number of members (including vacancies) is odd.

cl. 23 (3)(a) Schedule 7, LGA 2002.

10.2      Committees and subcommittees

A community board sets the quorum for its committees and subcommittees, either by resolution or by stating the quorum in the terms of reference.  Committees may set the quorums for their subcommittees by resolution provided that it is not less than two members - in the case of subcommittees if a quorum is not stated then the quorum will be two members.

In the case of committees (other than subcommittees) at least one member of the quorum must be a member of the community board. 

cl. 23 (3)(b) Schedule 7, LGA 2002.

10.3      Joint Committees

The quorum at a meeting of a joint committee must be consistent with Standing Order 10.1. Local authorities participating in the joint committee may decide, by agreement, whether or not the quorum includes one or more members appointed by each community board or any party.

cl. 30A (6)(c) Schedule 7, LGA 2002.


 

10.4      Requirement for a quorum

A meeting is constituted where a quorum of members is present, whether or not they are all voting or entitled to vote.  In order to conduct any business at a meeting a quorum of members must be present for the whole time that the business is being considered. 

cl. 23(1) & (2) Schedule 7, LGA 2002.

10.5      Meeting lapses where no quorum

A meeting must lapse, and the Chairperson vacates the chair, if a quorum is not present within 30 minutes of the advertised start of the meeting. The Chairperson has discretion to wait for a quorum for a longer period in situations where members are known to be travelling to the meeting, but are delayed due to extraordinary circumstances. 

No business may be conducted while waiting for the quorum to be reached. Where a meeting lapses because there is no quorum, this will be recorded in the minutes, along with the names of the members who attended.

10.6      Business from lapsed meetings

Where a meeting lapses the remaining business will be adjourned to be the first items on the agenda for the next ordinary meeting, unless the Chairperson sets an earlier meeting and this is notified by the chief executive.

 

11.      Public access and recording

11.1 Meetings open to the public

Except as otherwise provided by Part 7 of LGOIMA, every meeting of the community board, and its committees and subcommittees, must be open to the public.

s.47 & 49(a), LGOIMA.

11.2      Grounds for removing the public

The Chairperson may require any member of the public whose conduct is disorderly, or who is creating a disturbance, to be removed from the meeting.

11.3      Community board may record meetings

Meeting venues should contain clear signage indicating and informing members, officers and the public that proceedings may be recorded by the community board and may be subject to direction by the Chairperson. 

11.4      Public may record meetings

Members of the public may record meetings which are open to the public. Any recording of meetings must be notified to the Chairperson at the commencement of the meeting to ensure that the recording does not distract the meeting from fulfilling its business. 

Where circumstances require the Chairperson may stop the recording for a period of time.

 

12.      Attendance

12.1      Members right to attend meetings

A member of a community board has, unless lawfully excluded, the right to attend any meeting of any committees or subcommittees established by the board. They may, with the leave of the Chairperson, take part in the meeting’s discussions, however, if the member of the community board is not an appointed member of the committee they may not vote on any matter before the committee.

A community board member attending a meeting of a committee or subcommittee of which they are not an appointed member is not a member of the public for the purpose of s.48 LGOIMA. If the community board resolves to exclude the public any members who are not appointed to those bodies may remain unless they are lawfully excluded. 

cl. 19(2), Schedule 7, LGA 2002.

12.2      Attendance when a committee is performing judicial or quasi-judicial functions

If a committee of a community board is performing judicial or quasi-judicial functions members of the board who are not members of the committee are not entitled to take part in the proceedings.

12.3      Leave of absence

The community board may grant a member leave of absence. Members must apply for such leave. 

The community board may delegate the power to grant leave of absence to the Chairperson in order to protect a members’ privacy. The Chairperson will advise all community board members whenever a member has leave of absence granted under delegated authority.  Meeting minutes will record that a member has leave of absence as an apology for that meeting.

12.4      Apologies 

A member who does not have leave of absence may tender an apology should they be absent from all or part of a meeting.  The Chairperson must invite apologies at the beginning of each meeting, including apologies for lateness and early departure. The meeting may accept or decline any apologies. For clarification, the acceptance of a member’s apology constitutes a grant of leave of absence for that meeting.

12.5      Recording apologies

The minutes will record any apologies tendered before or during the meeting, including whether they were accepted or declined and the time of arrival and departure of all members.

12.6      Absence without leave 

Where a member is absent, without leave of absence from the community board, from four consecutive meetings (other than extraordinary meetings) then the office held by the member will become vacant.  A vacancy created in this way is treated as an extraordinary vacancy.

cl. 5 (d) Schedule 7, LGA 2002.

12.7      Right to attend by audio or audio visual link

Provided the conditions in these standing orders are met members of the community board have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded. 

12.8      Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum. 

12.9      Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

12.10   Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Chairperson must ensure that:

(a)       the technology for the link is available and of suitable quality;

(b)       procedures for using the technology in the meeting will ensure that:

i.          everyone participating in the meeting can hear each other;

ii.         the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii.        the requirements of Part 7 of LGOIMA are met; and

iv.        the requirements in these standing orders are met.

If the Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the deputy chair or a member who is physically present.

cl. 25A (3) Schedule 7, LGA 2002.

12.11   Conditions for attending by audio or audio visual link

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:  

(a)       where the member is representing the community board at a place that makes their physical presence at the meeting impossible or impracticable;

(b)       where a member is unwell; and

(c)       where a member is unable to attend due to an emergency.

12.12   Request to attend by audio or audio visual link

Where possible, a member will give the Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link.  Should, due to illness or emergency, this is not be possible the member may give less notice.

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link.  However, the council has no obligation to make the technology for an audio or audio-visual link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the community board or its committees.

12.13   Chairperson may terminate link

The Chairperson may direct that an electronic link should be terminated where: 

(a)       use of the link is increasing, or may unreasonably increase, the length of the meeting;

(b)       the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

(c)       it is distracting to the members who are physically present at the meeting; and

(d)       the quality of the link is no longer suitable. 

12.14   Giving or showing a document

A person attending a meeting by audio or audio-visual link may give or show a document by:

(a)       transmitting it electronically; 

(b)       using the audio-visual link; and

(c)       any other manner that the Chairperson thinks fit.

cl. 25(A) (6) Schedule 7, LGA 2002.


 

12.15   Link failure

Where an audio or audio visual link fails, or there are other technological issues that prevent a member who is attending by link from participating in a meeting, that member must be deemed to be no longer attending the meeting.

12.16   Confidentiality

A member who is attending a meeting by audio or audio-visual link must ensure that the meeting’s proceedings remain confidential during any times that the public are excluded. At such times, the Chairperson may require the member to confirm that no unauthorised people are able to view or hear the proceedings.

 

13.      Chairperson’s role in meetings

13.1      Community board

The Chairperson of the community board must preside at community board meetings unless they vacate the chair for a part or all of a meeting.  If the Chairperson is absent from a meeting or vacates the chair, the deputy chair must act as Chairperson. If the deputy chair is also absent the community board members who are present must elect a member to be Chairperson at that meeting. This person may exercise the meeting responsibilities, duties and powers of the Chairperson.

cl. 26(1), (5) & (6) Schedule 7, LGA 2002.

13.2      Committees

The appointed Chairperson of a community board must preside at all committee meetings unless they vacate the chair for a particular meeting or part of a meeting. If the Chairperson is absent from a meeting or vacates the chair, the deputy Chairperson (if any) will act as Chairperson. If the deputy Chairperson is also absent or has not been appointed, the committee members who are present must elect a member to act as Chairperson at that meeting who may exercise the meeting responsibilities, duties and powers of the Chairperson 

cl. 26(2), (5) & (6), Schedule 7 LGA 2002.

13.3      Addressing the Chairperson

Members will address the Chairperson in a manner that the Chairperson has determined. 

13.4      Chairperson’s rulings 

The Chairperson will decide all procedural questions where no or insufficient provision is made by these standing orders and with regard to all points of order. Any refusal to obey a Chairperson’s ruling or order constitutes contempt. 

13.5      Chairperson standing

Whenever the Chairperson stands during a debate members are required to sit down and be silent so that they can hear the Chairperson without interruption.

13.6      Member’s right to speak

Members are entitled to speak in accordance with these standing orders. Members should address the Chairperson when speaking. They may not leave their place while speaking, unless they have the leave of the Chairperson. 

13.7      Chairperson may prioritise speakers

When two or more members want to speak the Chairperson will name the member who may speak first. Other members who wish to speak have precedence where they intend to:

(a)       raise a point of order, including a request to obtain a time extension for the previous speaker, and/or

(b)       move a motion to terminate or adjourn the debate, and/or

(c)       make a point of explanation, and/or

(d)       request the chair to permit the member a special request.

 

14.      Public Forums

Public forums are a defined period of time, usually at the start of a meeting, which is put aside for the purpose of public input. Public forums are designed to enable members of the public to bring matters to the attention of the community board. Any issue, proposal or matter raised in a public forum must also fall within the terms of reference of that meeting.

14.1 Time limits

A period of up to 30 minutes, or such longer time as the community board may determine, will be available for the public forum at each scheduled community board meeting. Requests must be made to the meeting secretary at least one clear day before the meeting; however this requirement may be waived by the Chairperson.

Speakers can speak for up to 5 minutes.  No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 6, in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

14.2      Restrictions

The Chairperson has the discretion to decline to hear a speaker or to terminate a presentation at any time where:

·        a speaker is repeating views presented by an earlier speaker at the same public forum;

·        the speaker is criticising elected members and/or staff;

·        the speaker is being repetitious, disrespectful or offensive;

·        the speaker has previously spoken on the same issue;

·        the matter is subject to legal proceedings;

·        the matter is subject to a hearing, including the hearing of submissions where the community board or committee sits in a quasi-judicial capacity.

14.3      Questions at public forums

At the conclusion of the presentation, with the permission of the Chairperson, elected members may ask questions of speakers.  Questions are to be confined to obtaining information or clarification on matters raised by a speaker. 

14.4      No resolutions

Following the public forum no debate or decisions will be made at the meeting on issues raised during the forum unless related to items already on the agenda.

 

15.      Deputations

The purpose of a deputation is to enable a person, group or organisation to make a presentation to a meeting on a matter or matters covered by that meeting’s terms of reference. Deputations are approved by the Chairperson or an official with delegated authority.

15.1      Time limits

Speakers can speak for up to 5 minutes.  No more than two speakers can speak on behalf of an organisation’s deputation.

15.2      Restrictions

The Chairperson has the discretion to decline to hear or terminate a deputation at any time where:

·        a speaker is repeating views presented by an earlier speaker at the meeting;

·        the speaker is criticising elected members and/or staff;

·        the speaker is being repetitious, disrespectful or offensive;

·        the speaker has previously spoken on the same issue;

·        the matter is subject to legal proceedings;

·        the matter is subject to a hearing, including the hearing of submissions where the community board or committee sits in a quasi-judicial capacity.

15.3      Questions of a deputation

At the conclusion of the deputation, with the permission of the Chairperson, elected members may ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by the deputation. 

15.4      Resolutions

Any debate on a matter raised in a deputation must occur at the time at which the matter is scheduled to be discussed on the meeting agenda and once a motion has been moved and seconded.

 

16.      Petitions

16.1      Form of petitions

Petitions may be presented to the community board. Petitions must contain at least 20 signatures and consist of fewer than 150 words (not including signatories). They must be received by the chief executive at least 5 working days before the date of the meeting at which they will be presented.

Petitions must not be disrespectful, use offensive language or include malicious statements (see standing order 19.9 qualified privilege). They may be written in English or te reo Māori. Petitioners planning to make a petition in te reo Māori or sign language should advise the relevant Chairperson at least two working days before the meeting to enable the petition be translated and reprinted, if necessary.

16.2    Petition presented by petitioner

A petitioner, who presents a petition to the community board, may speak for 5 minutes (excluding questions) about the petition, unless the meeting resolves otherwise. The Chairperson must terminate the presentation of the petition if he or she believes the petitioner is being disrespectful, offensive or making malicious statements.

Where a petition is presented as part of a deputation or public forum, the speaking time limits relating to deputations or public forums shall apply. The petition must be received by the chief executive at least 5 working days before the date of the meeting concerned.

16.3    Petition presented by member

Members may present petitions on behalf of petitioners. In doing so, members must confine themselves to reading:

(a)       the petition;

(b)       the petitioners’ statement; and

(c)       the number of signatures.

 

17.      Exclusion of public

17.1      Motions and resolutions to exclude the public

Members taking part in a meeting may resolve to exclude the public from that meeting. The grounds for exclusion are those specified in section 48 of LGOIMA (see Appendix 1).

Every motion to exclude the public must be put while the meeting is open to the public, and copies of the motion must be made available to any member of the public who is present. If the motion is passed the resolution to exclude the public must be in the form set out in schedule 2A of LGOIMA (see Appendix 2). The resolution must state:

(a)       the general subject of each matter to be excluded;

(b)       the reason for passing the resolution in relation to that matter; and

(c)       the grounds on which the resolution is based.

The resolution will form part of the meeting’s minutes.

s. 48 LGOIMA.

17.2      Specified people may remain

Where a meeting resolves to exclude the public, the resolution may provide for specified persons to remain if, in the opinion of the meeting, they will assist the meeting to achieve its purpose. Any such resolution must state, in relation to the matter to be discussed, how the knowledge held by the specified people is relevant and be of assistance.

No such resolution is needed for people who are entitled to be at the meeting, such as relevant staff and officials contracted to the council for advice on the matter under consideration.

s.48 (6) LGOIMA.

17.3      Public excluded items 

The chief executive must place in the public-excluded section of the agenda any items that he or she reasonably expects the meeting to consider with the public excluded. The public excluded section of the agenda must indicate the subject matter of the item and the reason the public are excluded.

s.46A (8) LGOIMA

17.4      Non-disclosure of information

No member or officer may disclose to any person, other than another member, officer or person authorised by the chief executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded.

This restriction does not apply where a meeting has resolved to make the information publicly available or where the chief executive has advised, in writing, that one or both of the following apply:

(a)       there are no grounds under LGOIMA for withholding the information;

(b)       the information is no longer confidential.

17.5      Release of information from public excluded session

A community board may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition the chief executive may release information, which has been considered at a meeting from which the public has been excluded; where it is determined the grounds to withhold any information no longer exist. The chief executive will inform the subsequent meeting of the information released.

 

18.      Voting

18.1      Decisions by majority vote

Unless otherwise provided for in the LGA 2002, other legislation, or standing orders, the acts of, and questions before, a community board must be decided at a meeting through a vote exercised by the majority of the members of that meeting voting.

cl. 24(1), Schedule 7, LGA 2002.

18.2      Open voting

An act or question coming before the community board must be done or decided by open voting.

cl. 24(3) Schedule 7, LGA 2002.

18.3      Chairperson has a casting vote

The Chairperson or any other person presiding at the meeting has a deliberative vote and, in the case of an equality of votes, has a casting vote.

cl. 24(2) Schedule 7, LGA 2002.

18.4      Method of voting

The method of voting must be as follows:

(a)       the Chairperson in putting the motion must call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the Chairperson, must be conclusive unless such announcement is questioned immediately by any member, in which event the Chairperson will call a division;

(b)       the Chairperson or any member may call for a division instead of or after voting on the voices and/or taking a show of hands; and

(c)       where a suitable electronic voting system is available, that system may be used instead of a show of hands, vote by voices or division, and the result displayed notified to the Chairperson who must declare the result.

18.5      Calling for a division

When a division is called, the chief executive must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result. The result of the division must be entered into the minutes and include members’ names and the way in which they voted.

The Chairperson may call a second division where there is confusion or error in the original division.

18.6      Request to have votes recorded

If, immediately following a vote a member requests it, the minutes must record the member’s vote or abstention.

18.7      Members may abstain

Any member may abstain from voting.

 

19.      Conduct

19.1      Calling to order

When the Chairperson calls members to order, they must be seated and stop speaking. If the members fail to do so, the Chairperson may direct that they should leave the meeting immediately for a specified time.

19.2      Disrespect

No member may speak or act in a manner which is disrespectful of other members or inconsistent with the community board’s Code of Conduct at any meeting.

19.3      Retractions and apologies

In the event of a member or speaker who has been disrespectful of another member or contravened the council’s Code of Conduct, the Chairperson may call upon that member or speaker to withdraw the offending comments, and may require them to apologise. If the member refuses to do so the Chairperson may direct that they should leave the meeting immediately for a specified time and/or make a complaint under the Code of Conduct.

19.4      Disorderly conduct

Where the conduct of a member is disorderly or is creating a disturbance the Chairperson may require that member to leave the meeting immediately for a specified time.

If the disorder continues the Chairperson may adjourn the meeting for a specified time. At the end of this time the meeting must resume and decide, without debate, whether the meeting should proceed or be adjourned.

The Chairperson may also adjourn the meeting if other people cause disorder or in the event of an emergency.

19.5      Contempt

Where a member is subject to repeated cautions for disorderly conduct by the Chairperson, the meeting may, should it so decide, resolve that the member is in contempt. Any such resolution must be recorded in the meeting’s minutes.

19.6      Removal from meeting

A member of the police or authorised security personnel may, at the Chairperson’s request, remove or exclude a member from a meeting.

This standing order will apply where the Chairperson has ruled that the member should leave the meeting and the member has refused or failed to do so; or has left the meeting and attempted to re-enter it without the Chairperson’s permission.

19.7      Financial conflicts of interests

Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.

No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.

Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.

Neither the Chairperson nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.

s. 6 & 7 LAMIA.

19.8      Non-financial conflicts of interests

Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a community board could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.

The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.

Neither the Chairperson nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed.

19.9      Qualified privilege for meeting proceedings

Any oral statement made at any meeting of the community board in accordance with the rules adopted by the community board for guiding its proceedings is privileged, unless the statement is proved to have been made with ill will or took improper advantage of the occasion of publication.

s. 53, LGOIMA.

19.10   Qualified privilege additional to any other provisions

The privilege referred to above is in addition to any other privilege, whether absolute or qualified, that applies as a result of any other enactment or rule of law applying to any meeting of the community board.

s. 53, LGOIMA.

19.11   Electronic devices at meetings

Electronic devices and phones can only be used to advance the business of a meeting. Personal use may only occur at the discretion of the chair. A Chairperson may require that an electronic device is switched off if its use is likely to distract a meeting from achieving its business or a member is found to be receiving information or advice from sources not present at the meeting which may affect the integrity of the proceedings.

 

20.      General rules of debate

20.1 Chairperson may exercise discretion

The application of any procedural matters in this section of the Standing Orders, such as the number of times a member may speak, is subject to the discretion of the Chairperson.

20.2 Time limits on speakers

The following time limits apply to members speaking at meetings:

(a)       movers of motions when speaking to the motion – not more than 10 minutes;

(b)       movers of motions when exercising their right of reply – not more than 5 minutes;

(c)       other members – not more than 5 minutes.

Time limits can be extended if a motion to that effect is moved, seconded and supported by a majority of members present.

20.3 Questions to staff

During a debate members can ask staff questions about the matters being discussed.  Questions must be asked through the Chairperson and are at the Chairperson’s discretion as to how the question should be dealt with.

20.4 Questions of clarification

At any point of a debate a member may ask the Chairperson for clarification about the nature and content of the motion which is the subject of the debate and the particular stage the debate has reached.

20.5 Members may speak only once

A member may not speak more than once to a motion at a meeting of a community board except with permission of the Chairperson.

20.6 Limits on number of speakers

If three speakers have spoken consecutively in support of, or in opposition to, a motion, the Chairperson may call for a speaker to the contrary. If there is no speaker to the contrary, the Chairperson must put the motion after the mover’s right of reply.

Members speaking must, if requested by the Chairperson, announce whether they are speaking in support of or opposition to a motion.

20.7 Seconder may reserve speech

A member may second a motion or amendment without speaking to it, reserving the right to speak later in the debate.

20.8 Speaking only to relevant matters

Members may speak to any matter before the meeting; a motion or amendment which they propose; and to raise a point of order arising out of debate, but not otherwise.  Members must confine their remarks strictly to the motion or amendment they are speaking to.

The Chairperson’s rulings on any matters arising under this standing order are final and not open to challenge.

20.9 Restating motion

A member, at any time during a debate for their information, may ask that the Chairperson restate a motion and any amendments, but not so as to interrupt a speaker.

20.10        Criticism of resolutions

A member speaking in a debate may not unduly criticise the validity of any resolution except by a notice of motion to amend or revoke the resolution.

20.11        Objecting to words

When a member objects to any words used by another member in a speech and wants the minutes to record their objection, they must object at the time when the words are used and before any other member has spoken.  The Chairperson must order the minutes to record the objection. 

20.12        Right of reply

The mover of an original motion has a right of reply. A mover of an amendment to the original motion does not.  In their reply, the mover must confine themselves to answering previous speakers and not introduce any new matters.

A mover’s right of reply can only be used once. It can be exercised either at the end of the debate on the original, substantive or substituted motion or at the end of the debate on a proposed amendment.

However, the original mover may reserve their right of reply and speak once to an original motion and once to each amendment without losing that right of reply. If a closure motion is carried the mover of the motion has the right of reply before the motion or amendment is put to the vote.

20.13        No other member may speak

In exercising a right of reply, no other member may speak:

(a)       after the mover has started their reply;

(b)       after the mover has indicated that they want to forego this right;

(c)       where the mover has spoken to an amendment to the original motion and the Chairperson has indicated that he or she intends to put the motion.

20.14        Adjournment motions

The carrying of any motion to adjourn a meeting must supersede other business still remaining to be disposed of. Any such business must be considered at the next meeting. Business referred to, or referred back to, a specified committee or local or community board, is to be considered at the next ordinary meeting of that committee or board, unless otherwise specified.

20.15        Chairperson’s acceptance of closure motions

The Chairperson may only accept a closure motion where there have been at least two speakers for and two speakers against the motion that is proposed to be closed, or the Chairperson considers it reasonable to do so.

However, the Chairperson must put a closure motion if there are no further speakers in the debate. When the meeting is debating an amendment, the closure motion relates to the amendment. If a closure motion is carried, the mover of the motion under debate has the right of reply after which the Chairperson puts the motion or amendment to the vote.

 

21.      General procedures for speaking and moving motions

21.1      Options for speaking and moving

This subsection provides three options for speaking and moving motions and amendments at a meeting of a community board. Option A applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option B or Option C for the meeting generally, or for any specified items on the agenda.

21.2      Option A

·        The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).

·        Only members who have not spoken to the original or substituted motion may move or second an amendment to it.

·        The mover or seconder of an amendment whether it is carried or lost cannot move or second a subsequent amendment.

·        Members can speak to any amendment and, provided they have not spoken to the motion or moved or seconded an amendment, they can move or second further amendments.

·        The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

21.3      Option B

·        The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).

·        Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it. 

·        The mover or seconder of an amendment that is carried can move or second a subsequent amendment. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.

·        Members can speak to any amendment.

·        The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder

21.4      Option C

·        The mover and seconder of a motion can move or second an amendment

·        Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

·        The mover or seconder of an amendment whether it is carried or lost can move or second further amendments.

·        Members can speak to any amendment.

·        The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

21.5      Procedure if no resolution is reached

If no resolution is reached the Chair may accept a new motion to progress the matter under discussion.

 

22.      Motions and amendments

22.1      Proposing and seconding motions

All motions and amendments moved during a debate must be seconded (including notices of motion). The Chairperson may then state the motion and propose it for discussion.

Amendments and motions that are not seconded are not in order and are not entered in the minutes. 

22.2      Motions in writing

The Chairperson may require movers of motions and amendments to provide them in writing, signed by the mover.

22.3      Motions expressed in parts

The Chairperson, or any member, can require a motion that has been expressed in parts to be decided part by part.

22.4      Substituted motion

Where a motion is subject to an amendment, the meeting may substitute the motion with the amendment, provided the mover and seconder of the original motion agree to its withdrawal. All members may speak to the substituted motion.

22.5      Amendments to be relevant and not direct negatives

Every proposed amendment must be relevant to the motion under discussion. Proposed amendments cannot be similar to an amendment that has already been lost.  Any amendment which, if carried, would have the effect of defeating a previous motion that was carried is a direct negative and is therefore not allowed.

22.6      Foreshadowed amendments

The meeting must dispose of an existing amendment before a new amendment can be foreshadowed. However, members may notify the Chairperson that they intend to move further amendments and the nature of their content.

22.7      Lost amendments

Where an amendment is lost, the meeting will resume the debate on the original or substituted motion. Any member who has not spoken to that motion may speak to it, and may move or second a further amendment.

22.8      Carried amendments

Where an amendment is carried the meeting will resume the debate on the original motion as amended.  This will now be referred to as the substantive motion. Members who have not spoken to the original motion may speak to the substantive motion, and may move or second a further amendment to it.

22.9      Where a motion is lost

In a situation where a motion that recommends a course of action is lost a new motion to provide direction might be proposed, with the consent of the Chairperson. 

22.10   Withdrawal of motions and amendments

Once a motion or amendment which has been seconded has been put to the meeting by the Chairperson the mover cannot withdraw it without the consent of the majority of the members who are present and voting.

The mover of an original motion, which has been subject to an amendment that has been moved and seconded, cannot withdraw the original motion until the amendment has either been lost or withdrawn by agreement, as above.

22.11   No speakers after reply or motion has been put

A member may not speak to any motion once:

(a)       the mover has started their right of reply in relation to the motion; and

(b)       the Chairperson has started putting the motion.

 

23.      Revocation or alteration of resolutions

23.1      Member may move revocation of a decision

A member may give the chief executive a notice of motion for the revocation or alteration of all or part of a previous resolution of the council, subordinate body, local or community board. The notice must set out:

(a)       The resolution or part of the resolution which the member proposes to revoke or alter;

(b)       The meeting date when the resolution was passed;

(c)       The motion, if any, which the member proposes to replace it with; and

(d)       Sufficient information as to satisfy the decision-making provisions of sections 77-82 of the Local Government Act 2002.

If the mover of the notice of motion is unable to provide this information, or the decision is likely to be deemed a significant decision, the notice of motion should provide that the proposal is referred to the chief executive for consideration and report.

23.2      Revocation must be made by body responsible for the decision

If a resolution is made under delegated authority by a committee only that body may revoke or amend the resolution, assuming the resolution is legally made.

This provision does not prevent the body that made the delegation from removing or amending a delegation given to a subordinate body or local board or community board.

23.3      Requirement to give notice

A member must give notice to the chief executive at least 5 working days before the meeting at which it is proposed to consider such a motion and is to be signed by not less than one third of the members of the community board, including vacancies. Notice can be sent via email and include the scanned electronic signatures of members.If the notice of motion is lost,  no similar notice of motion which  is substantially the same in purpose and effect may be accepted within the next twelve months.

23.4      Restrictions on actions under the affected resolution

Once a notice of motion to revoke or alter a previous resolution has been received no irreversible action may be taken under the resolution in question until the proposed notice of motion has been dealt with. Exceptions apply where, in the opinion of the Chairperson:

(a)       the practical effect of delaying actions under the resolution would be the same as if the resolution had been revoked;

(b)       by reason of repetitive notices, the effect of the notice is an attempt by a minority to frustrate the will of the community board or the committee that made the previous resolution.

In either of these situations, action may be taken under the resolution as though no notice of motion had been given to the chief executive.

23.5      Revocation or alteration by resolution at same meeting

A meeting may revoke or alter a previous resolution made at the same meeting where, during the course of the meeting, it receives fresh facts or information concerning the resolution. In this situation, 75 per cent of the members present and voting must agree to the revocation or alteration.

23.6      Revocation or alteration by recommendation in report 

19.12   A Financial conflicts of interests

Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.

No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.

Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.

Neither the Chairperson nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.

s. 6 & 7 LAMIA.

19.13   Non-financial conflicts of interests

Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a community board could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.

The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.

Neither the Chairperson nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed.

A community board may, on a recommendation in a report by the Chairperson or chief executive, or the report of any committee or subcommittee, revoke or alter all or part of a resolution passed by a previous meeting. The chief executive must give at least two clear working days’ notice of any meeting that will consider such a revocation or alteration recommendation.

cl. 30(6) Schedule 7, LGA 2002.

 

24.      Procedural motions

24.1      Procedural motions must be taken immediately 

A procedural motion to close or adjourn a debate will take precedence over other business, other than points of order and rights of reply. If the procedural motion is seconded the Chairperson must put it to the vote immediately, without discussion or debate.

24.2      Procedural motions to close or adjourn a debate

Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or adjourn a debate:

(a)       that the meeting be adjourned to the next ordinary meeting (unless the member states an alternative time and place);

(b)       that the motion under debate should now be put (a closure motion);

(c)       that the item being discussed should be adjourned to a specified time and place and not be further discussed at the meeting;

(d)       that the item of business being discussed should lie on the table and not be further discussed at this meeting;

(e)       that the item being discussed should be referred (or referred back) to the relevant committee.

A member seeking to move a procedural motion must not interrupt another member who is already speaking.

24.3      Voting on procedural motions 

Procedural motions to close or adjourn debate must be decided by a majority of all members who are present and voting. If the motion is lost, no member may move a further procedural motion to close or adjourn the debate within the next 15 minutes.

24.4      Debate on adjourned items

When debate resumes on items of business that have been previously adjourned all members are entitled to speak on the items.

24.5      Remaining business at adjourned meetings

Where a resolution is made to adjourn a meeting, the remaining business will be considered at the next meeting.  

24.6      Business referred to a committee

Where an item of business is referred (or referred back) to a committee the committee will consider it at its next meeting, unless the meeting resolves otherwise.

24.7      Other types of procedural motions

The Chairperson has discretion about whether to allow any other procedural motion that is not contained in these standing orders.

 

25.      Points of order

25.1      Members may raise points of order

Any member may raise a point of order when they believe these standing orders have been breached. When a point of order is raised, the member who was previously speaking must stop speaking and sit down (if standing).

25.2      Subjects for points of order

A member who is raising a point of order must state precisely what its subject is. Points of order may be raised for the following subjects:

(a)       disorder – bringing disorder to the attention of the Chairperson;

(b)       language – use of disrespectful, offensive or malicious language;

(c)       irrelevance – the topic being discussed is not the matter currently before the meeting;

(d)       misrepresentation – misrepresentation of any statement made by a member or by an officer or council employee;

(e)       breach of standing order – the breach of any standing order while also specifying which standing order is subject to the breach;

(f)        request the recording of workds, such as a request that the minutes record words that have been the subject of an objection.

25.3      Contradictions

Expressing a difference of opinion or contradicting a statement by a previous speaker does not constitute a point of order.

25.4      Point of order during division

A member may not raise a point of order during a division, except with the permission of the Chairperson.

25.5      Chairperson’s decision on points of order

The Chairperson may decide a point of order immediately after it has been raised, or may choose to hear further argument about the point before deciding.  The Chairperson’s ruling on any point of order, and any explanation of that ruling, is not open to any discussion and is final.

 

26.      Notices of motion

26.1      Notice of intended motion to be in writing

Notice of intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. [Notice of an intended motion can be sent via email and include the scanned electronic signature of the mover.]

Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered.

26.2      Refusal of notice of motion

The Chairperson may direct the chief executive to refuse to accept any notice of motion which:

(a)       is disrespectful or which contains offensive language or statements made with malice; or

(b)       is not related to the role or functions of the community board or meeting concerned; or

(c)       contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive officer may make; or

(d)       is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned

(e)       fails to include sufficient information as to satisfy the decision-making provisions of s.77-82 of the LGA 2002; or

(f)        concerns a matter where decision-making authority has been delegated to a committee or subcommittee.

Reasons for refusing a notice of motion should be provided to the mover. Where the refusal is due to (f) the notice of motion may be referred to the appropriate committee or board.

26.3      Mover of notice of motion

Notices of motion may not proceed in the absence of the mover unless moved by another member authorised to do so, in writing, by the mover.

26.4      Alteration of notice of motion

Only the mover, at the time the notice of motion is moved and with the agreement of a majority of those present at the meeting, may alter a proposed notice of motion. Once moved and seconded no amendments may be made to a Notice of Motion.

26.5      When notices of motion lapses

Notices of motion that are not put when called by the Chairperson must lapse.

26.6      Referral of notices of motion

Any notice of motion received that refers to a matter ordinarily dealt with by a committee of the community board must be referred to that committee by the chief executive.

Where notices are referred the proposer of the intended motion, if not a member of that committee, must have the right to move that motion and have the right of reply, as if a committee member.

26.7      Repeat notices of motion

When a motion has been considered and rejected by the community board, no similar notice of motion which, in the opinion of the Chairperson, may be accepted within the next 12 months, unless signed by not less than one third of all members, including vacancies.

Where a notice of motion has been adopted by the communities board no other notice of motion which, in the opinion of the Chairperson has the same effect, may be put while the original motion stands.


 

27.      Minutes

27.1      Minutes to be evidence of proceedings

The community board and any committees and subcommittees must keep minutes of their proceedings. These minutes must be kept in hard copy, signed and included in the council’s minute book and, when confirmed by resolution at a subsequent meeting and signed by the Chairperson, will be prima facie evidence of the proceedings they relate to.

cl. 28 Schedule 7, LGA 2002.

27.2      Matters recorded in minutes

The chief executive must keep the minutes of meetings. The minutes must record: 

(a)       the date, time and venue of the meeting

(b)       the names of the members present

(c)       the Chairperson

(d)       any apologies or leaves of absences 

(e)       the arrival and departure times of members 

(f)        any failure of a quorum

(g)       a list of any external speakers and the topics they addressed

(h)       a list of the items considered

(i)        the resolutions and amendments related to those items including those that were lost, provided they had been moved and seconded in accordance with these standing orders

(j)        the names of all movers, and seconders

(k)       any objections made to words used 

(l)        all divisions taken and, if taken, a record of each members’ vote

(m)     the names of any members requesting that votes or abstentions be recorded 

(n)       any declarations of financial interest or conflicts of interest

(o)       the contempt, censure and removal of any members 

(p)       any resolutions to exclude members of the public

(q)       the time at which the meeting concludes or adjourns

(r)        the names of people permitted to stay in public excluded. 

Please Note: hearings under the RMA, Dog Control Act 1996 and Sale and Supply of Alcohol Act 2012 may have special requirements for minute taking.

27.3      No discussion on minutes

The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.

27.4      Minutes of last meeting before election

The chief executive and the relevant Chairpersons must sign the minutes of the last meeting of the community board and its committees or subcommittees before the next election of members.

28.      Minute books

28.1      Inspection

A hard copy of the community board’sminute books must be kept by the chief executive and be open for inspection by the public. This does not preclude the complementary use of electronic minutes in accordance with the Electronics Transactions Act.

s. 51 LGOIMA.

28.2      Inspection of public excluded matters

The chief executive must consider any request for the minutes of a meeting or part of a meeting from which the public was excluded as a request for official information in terms of the Local Government Official Information and Meetings Act 1987.

 

Referenced documents

·           Commissions of Inquiry Act 1908

·           Control and Sale of Alcohol Act 2012

·           Crimes Act 1961

·           Financial Markets Conduct Act 2013

·           Local Authorities (Members’ Interests) Act 1968 (LAMIA)

·           Local Electoral Act 2001 (LEA)

·           Local Government Act 1974 and 2002 (LGA)

·           Local Government Official Information and Meetings Act 1987 (LGOIMA)

·           Marine Farming Act 1971

·           Resource Management Act 1991 (RMA)

·           Secret Commissions Act 1910

·           Securities Act 1978.

Appendix 1: Grounds to exclude the public

A community board may, by resolution, exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

A1       That good reason exists for excluding the public from the whole or any part of the proceedings of any meeting as the public disclosure of information would be likely:

(a)       to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(b)       to endanger the safety of any person.

A2       That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

(a)       Protect the privacy of natural persons, including that of deceased natural persons; or

(b)       Protect information where the making available of the information would:

i.          disclose a trade secret; or

ii.         be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or,

(c)       In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Maori, or to avoid the disclosure of the location of waahi tapu; or

(d)       Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would:

i.          be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

ii.         be likely otherwise to damage the public interest; or

(e)       Avoid prejudice to measures protecting the health or safety of members of the public; or

(f)        Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or

(g)       Maintain the effective conduct of public affairs through –the protection of such members, officers, employees, and persons from improper pressure or harassment; or

(h)       Maintain legal professional privilege; or

(i)        Enable any Council holding the information to carry out, without prejudice or disadvantage, commercial activities; or

(j)        Enable any Council holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or

(k)       Prevent the disclosure or use of official information for improper gain or improper advantage.

Provided that where A2 of this Appendix applies the public may be excluded unless, in the circumstances of the particular case, the exclusion of the public is outweighed by other considerations which render it desirable, in the public interest, that the public not be excluded.

A3       That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information, the public disclosure of which would:

(a)       Be contrary to the provisions of a specified enactment; or

(b)       Constitute contempt of Court or of the House of Representatives.

A4      That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that Council by an Ombudsman under section 30(1) or section 38(3) of this Act (in the case of a Council named or specified in Schedule 1 to this Act).

A5       That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation in:

(a)       Any proceedings before a Council where

i.          A right of appeal lies to any Court or tribunal against the final decision of the Council  in those proceedings; or

ii.         The Council is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

 



Mosgiel Taieri Community Board

26 October 2016

 

 

Appendix 2: Sample resolution to exclude the public

THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

·           Name of report(s) …………………………………………………………..

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

 

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

1

Put in name of report

Good reason to withhold exists under Section 7.

 

That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Section 48(1)(a)

2

 

Good reason to withhold exists under Section 7.

 

That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Section 48(1)(a)

3

 

Good reason to withhold exists under Section 7.

 

That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Section 48(1)(a)

4

 Hearings Committee

To enable the Committee to consider the application and submissions.

OR

To enable the Committee to consider the objection to fees and charges.

OR

To enable the Committee to.

That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council/Committee to deliberate in private on its decision or recommendation in any proceedings where :

i)       a right of appeal lies to any Court or tribunal against the final decision of the Council/Committee in those proceedings; or

ii)      the community board is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings.

Use (i) for the RMA hearings and  (ii) for hearings under LGA such as objections to Development Contributions or hearings under the Dog Control Act

s. 48(1)(d).

This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:

Item No

                                                   Interest

 

Enable any community board holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))

 

Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a))

 

Maintain legal professional privilege (Schedule 7(2)(g))

 

Prevent the disclosure or use of official information for improper gain or improper advantage (Schedule 7(2)(j))

 

Protect information where the making available of the information

(i)        would disclose a trade secret;  or
(ii)       would be likely unreasonably to prejudice the commercial position of the              person who supplied or who is the subject of the information (Schedule 7(2)(b))

 

In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to Tikanga Māori , or to avoid the disclosure of the location of waahi tapu  (Schedule 7(2)(ba))

 

Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information -

(i)            would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

(ii)           would be likely otherwise to damage the public interest (Schedule 7(2)(c))

 

Avoid prejudice to measures protecting the health or safety of members of the public (Schedule 7(2)(d))

 

Avoid prejudice to measures that prevent or mitigate material loss to members of the public (Schedule 7(2)(e))

 

Maintain the effective conduct of public affairs through the protection of members or officers or employees of the Council, and persons to whom Section 2(5) of the Local Government Official Information and Meetings Act 1987 applies in the course of their duty, from improper pressure or harassment (Schedule 7(2)(f)(ii)).

 

Enable any community board holding the information to carry out, without prejudice or disadvantage, commercial activities (Schedule 7(2)(h))

 

THAT XXXX be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of XXXX.  This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because XXXX.

 


 

Appendix 3: Motions and amendments

Motions without amendments                                                 Motions with amendments

 

 



Mosgiel Taieri Community Board

26 October 2016

 

 

Appendix 4: Table of procedural motions

Motion

Has the Chair discretion to

refuse  this

Motion?

Is seconder

required?

Is discussion in order?

Are

amendments in order?

Is mover of procedural

motion entitled

to reply?

Are previous participants in debate entitled to move this motion?

Can a speaker

be interrupted by the mover of this motion?

If lost, can motion be moved after an interval?

Position if an amendment is already before the Chair

Position if a procedural motion is already before the Chair

Remarks

(a)  “That the meeting be adjourned to the next ordinary meeting, or to a stated time and place’

No

Yes

No

As to time and date only

No

No

No

Yes –

15 minutes

If carried, debate on the original motion and amendment are adjourned

If carried, debate on the original motion and procedural motion are adjourned

On resumption of debate, the mover of the adjournment speaks first.

Members who have spoken in the debate may not speak again

(b)  “That the motion under debate be now put (closure motion)”

No

Yes

No

No

No

No

No

Yes –

15 Minutes

If carried, only the amendment is put

If carried, only the procedural motion is put

The mover of the motion under debate is entitled to exercise a right of reply before the motion or amendment under debate is put

(c)  “That the item of business being discussed be adjourned to a stated time and place”

No

Yes

No

As to time and date only

No

No

NO

Yes –

15 minutes

If carried, debate ion the original motion and amendment are adjourned

If carried, debate on the original motion and procedural motion are adjourned

 



Mosgiel Taieri Community Board

26 October 2016

 

 

 

Motion

Has the Chair discretion to

refuse  this

Motion?

Is seconder

required?

Is discussion in order?

Are

amendments in order?

Is mover of procedural

motion entitled

to reply?

Are previous participants in debate entitled to move this motion?

Can a speaker

be interrupted by the mover of this motion?

If lost, can motion be moved after an interval?

Position if an amendment is already before the Chair

Position if a procedural motion is already before the Chair

Remarks

(d)  “That the item of business being discussed does lie on the table and not be discussed at this meeting”

No

Yes

No

No

No

No

No

Yes –

15 minutes

If carried, the original motion and amendment are both laid on the table

Motion not in order

 

(e)  “That the item of business being discussed be referred (or referred back) to the community board or to the relevant committee”

No

Yes

No

As to committee, time for reporting back etc only

No

No

No

Yes –

15 minutes

If carried, the original motion and all amendments are referred to the committee

If carried, the procedural motion is deemed disposed of

 

(f)  “Points of order”

No – but may rule against

No

Yes – at discretion of Chairperson

No

No

Yes

Yes

No

Point of order takes precedence

Point of order takes precedence

See standing order 3.14

 

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Appendix 5: Webcasting protocols

The provisions are intended as a good practice guide to local authorities that are webcasting meetings or planning to do so.

1.         The default shot will be on the Chairperson or a wide-angle shot of the meeting room.

2.         Cameras will cover a member who is addressing the meeting.  Cameras will also cover other key participants in a meeting, including staff when giving advice and members of the public when addressing the meeting during the public input time.

3.         Generally interjections from other members or the public are not covered.  However if the Chairperson engages with the interjector, the interjector’s reaction can be filmed.

4.         PowerPoint presentations, recording of votes by division and other matters displayed by overhead projector may be shown.

5.         Shots unrelated to the proceedings, or not in the public interest, are not permitted.

6.         If there is general disorder or a disturbance from the public gallery, coverage will revert to the Chairperson. 

7.         Appropriate signage will be displayed both in and outside the meeting room alerting people that the proceedings are being web cast.

 


 

Appendix 6: Powers of a Chairperson

This Appendix sets out the specific powers given to the Chairperson contained in various parts of these Standing Orders.

Chairperson to decide all questions

The Chairperson is to decide all questions where these standing orders make no provision or insufficient provision. The Chairperson’s ruling is final and not open to debate.

Chairperson to decide points of order

The Chairperson is to decide any point of order and may do so immediately after it has been raised or may first hear further argument before deciding. The ruling of the Chairperson upon any point of order is not open to any discussion and is final. No point of order may be raised during a division except by permission of the Chairperson.

Items not on the agenda

Major items not on the agenda may be dealt with at that meeting if so resolved by the community board and the Chairperson explains at the meeting at a time when it is open to the public the reason why the item was not listed on the agenda and the reason why discussion of the item cannot be delayed until a subsequent meeting.

Minor matters not on the agenda relating to the general business of the community board may be discussed if the Chairperson explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at that meeting, but no resolution, decision or recommendation may be made in respect of that item except to refer it to a subsequent meeting.

Chairperson’s report

The Chairperson, by report, has the right to direct the attention of the community board to any matter or subject within the role or function of the community board.

Chairperson’s recommendation

The Chairperson of any meeting may include on the agenda for that meeting a Chairperson’s recommendation regarding any item brought before the meeting. The purpose of such a recommendation is to focus debate on a suggested motion.

Chairperson’s voting

The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, has a casting vote where standing orders make such provision.


 

Motion in writing

The Chairperson may require the mover of any motion or amendment to submit it in writing signed by the mover.

Motion in parts

The Chairperson may require any motion expressed in parts to be decided part by part.

Notice of motion

The Chairperson may direct the chief executive to refuse to accept any notice of motion which:

(a)       Is disrespectful or which contains offensive language or statements made with malice; or

(b)       Is not within the scope of the role or functions of the community board; or

(c)       Contains an ambiguity or statement of fact or opinion which cannot properly form part of an effective resolution, and the mover has declined to comply with such requirements as the chief executive may have made; or

(d)       Is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned.

Reasons for refusing a notice of motion should be provided to the proposer.

Where a notice of motion has been considered and agreed by the community board, no notice of any other motion which is, in the opinion of the Chairperson, to the same effect may be put again whilst such original motion stands.

Action on previous resolutions

If, in the opinion of the Chairperson the practical effect of a delay in taking action on a resolution which is subject to a notice of motion, would be equivalent to revocation of the resolution; or if repetitive notices of motion are considered by the Chairperson to be an attempt by a minority to frustrate the will of the meeting, action may be taken as though no such notice of motion had been given.

Repeat notice of motion

If in the opinion of the Chairperson, a notice of motion is substantially the same in purport and effect to any previous notice of motion which has been considered and rejected by the community board, no such notice of motion may be accepted within six months of consideration of the first notice of motion unless signed by not less than one third of the members of the community board, including vacancies.

Revocation or alteration of previous resolution

A Chairperson may recommend in a report to the community board the revocation or alteration of all or part of any resolution previously passed. In responding to the Chairperson’s recommendation the meeting must act in accordance with these standing orders.

Chairperson may call a meeting

The Chairperson:

(a)       May call a meeting to dispose of the business to be transacted following the lapsing of a meeting due to failure of a quorum, if such business cannot be delayed until the next meeting;

(b)       May requisition an extra meeting to be held at a specified time and place, in order to conduct specified business.

Irrelevant matter and needless repetition

The Chairperson’s ruling preventing members when speaking to any motion or amendment from introducing irrelevant matters or indulging in needless repetition is final and not open to challenge.

Taking down words

The Chairperson may order words used and objected to by any member, to be recorded in the minutes, provided such objection is made at the time the words are used and not after any other members have spoken.

Explanations

The Chairperson may permit members to make a personal explanation in addition to speaking to a motion, and members who have already spoken, to explain some material part of a previous speech in the same debate.

Chairperson rising

Whenever the Chairperson rises during a debate any member then speaking or offering to speak is to be seated and members are to be silent so that the Chairperson may be heard without interruption.

Members may leave places

The Chairperson may permit members to leave their place while speaking.

Priority of speakers

The Chairperson must determine the order in which members may speak when two or more members indicate their wish to speak.

Minutes

The Chairperson is to sign the minutes and proceedings of every meeting once confirmed. The Chairperson and chief executive are responsible for confirming the correctness of the minutes of the last meeting of a community board prior to the next election of members.


 

Questions of speakers

The Chairperson may permit members to ask questions of speakers under public forum or deputations/presentations by appointment, for the purpose of obtaining information or clarification on matters raised by the speaker.

Withdrawal of offensive or malicious expressions

The Chairperson may call upon any member to withdraw any offensive or malicious expression and may require the member to apologise for the expression.

Any member who refuses to withdraw the expression or apologise, if required by the Chairperson, can be directed to withdraw from the meeting for a time specified by the Chairperson.

Chairperson’s rulings

Any member who refuses to accept a ruling of the Chairperson, may be required by the Chairperson to withdraw from the meeting for a specified time.

Disorderly behaviour

The Chairperson may:

(a)       Require any member or member of the public whose conduct is disorderly or who is creating a disturbance, to withdraw immediately from the meeting for a time specified by the Chairperson.

(b)       Ask the meeting to hold in contempt, any member whose conduct is grossly disorderly and where the meeting resolves to find the member in contempt, that resolution must be recorded in the minutes.

Failure to leave meeting

If a member or member of the public who is required, in accordance with a Chairperson’s ruling, to leave the meeting, refuses or fails to do so, or having left the meeting, attempts to re-enter without the permission of the Chairperson, any member of the police or officer or employee of the community board may, at the Chairperson’s request, remove or exclude that person from the meeting.


 

Audio or audio visual attendance

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Chairperson must ensure that:

(a)       the technology for the link is available and of suitable quality

(b)       procedures for using the technology in the meeting will ensure that:

i.          everyone participating in the meeting can hear each other

ii.         the member’s attendance by audio or audio-visual link does not reduce their accountability or accessibility in relation to the meeting

iii.        the requirements of Part 7 of LGOIMA are met

iv.        the requirements in these standing orders are met.

If the Chairperson is attending by audio or audio visual link then chairing duties will undertaken by the deputy chair or a member who is physically present

Appendix 7: Process for removing a Chairperson or deputy Chairperson

1.         At a meeting that is in accordance with this clause, a community may remove its Chairperson or deputy Chairperson from office.

2.         If a Chairperson or deputy Chairperson is removed from office at that meeting, the community board may elect a new Chairperson or deputy Chairperson at that meeting.

3.         A meeting to remove a Chairperson or deputy Chairperson may be called by:

(a)       a resolution of the community board; or

(b)       a requisition in writing signed by the majority of the total membership of the community board (excluding vacancies).

4.         A resolution or requisition must:

(a)       specify the day, time, and place at which the meeting is to be held and the business to be considered at the meeting; and

(b)       indicate whether or not, if the Chairperson or deputy Chairperson, is removed from office, a new Chairperson or deputy Chairperson is to be elected at the meeting if a majority of the community board (excluding vacancies) so resolves.

5.         A resolution may not be made and a requisition may not be delivered less than 21 days before the day specified in the resolution or requisition for the meeting.

6.         The chief executive must give each member notice in writing of the day, time, place, and business of any meeting called under this clause not less than 14 days before the day specified in the resolution or requisition for the meeting.

7.         A resolution removing a Chairperson or deputy Chairperson carries if a majority of the total membership of the community board (excluding vacancies) votes in favour of the resolution.

cl. 18 Schedule 7, LGA 2002.


 

Appendix 8: Workshops

Definition of workshop

Workshops, however described, provide opportunities for members to discuss specific matters, receive briefings and provide guidance for officials.  Workshops are not meetings and cannot be used to either make decisions or come to agreements that are then confirmed without the opportunity for meaningful debate at a formal meeting.

Application of standing orders to workshops

Standing orders do not apply to workshops and briefings.  The Chairperson or workshop organisers will decide how the workshop, briefing or working party should be conducted. 

Calling a workshop

Workshops, briefings and working parties may be called by:

(a)          a resolution of the community board 

(b)          the community board Chairperson or

(c)          the chief executive.  

Process for calling workshops

The chief executive will give at least 24 hours’ notice of the time and place of the workshop and the matters to be discussed at it. Notice may be given by whatever means are reasonable in the circumstances. Any notice given must expressly: 

(a)       state that the meeting is a workshop

(b)       advise the date, time and place

(c)       confirm that the meeting is primarily for the provision of information and discussion, and will not  make any decisions or pass any resolutions.

Public notice of a workshop is not required and workshops can be either open to the public or public excluded.

Appendix 9: Sample order of business

Open section

(a)       Apologies

(b)       Declarations of interest

(c)       Confirmation of minutes

(d)       Leave of absence

(e)       Acknowledgements and tributes

(f)        Petitions 

(g)       Public input

(h)       Local and/or community board input

(i)        Extraordinary business

(j)        Notices of motion 

(k)       Reports of committees 

(l)        Reports of the chief executive and staff

(m)     Chairperson and/or elected members’ reports (information)

Public excluded section

(n)       Reports of committees

(o)       Reports of the chief executive and staff

(p)       Chairperson and elected members’ reports (for information)


 

Appendix 10: Process for raising matters for a decision

Matters requiring a decision may be placed on an agenda of a meeting by a:

·           report of chief executive

·           report of a Chairperson

·           report of a committee 

·           notice of motion from a member.

Where a matter is urgent and has not been placed on an agenda, it may be brought before a meeting as extraordinary business by a:

·           report of chief executive

·           report of Chairperson

Although out of time for a notice of motion, a member may bring an urgent matter to the attention of the meeting through the meeting chair.

 


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Meeting Schedule

Department: Civic and Legal

 

 

 

 

discussion  

1          The Board is requested to consider the date of the next Board meeting, which is proposed for Wednesday, 22 November 2016 commencing at 5.30 pm.

2          A meeting schedule for Council and Community Boards during 2017 will be considered at the 22 November 2016 Council meeting.A Community Board meeting schedule will be considered and brought to the next meeting of the Board for confirmation.

RECOMMENDATIONS

That the Board:

a)     Confirms that its next meeting will take place on 22 November 2016 at 5.30 pm.

b)     Notes that the meeting schedule for 2017 will be considered by the Community Board at the meeting on 22 November 2016.

 

 

Signatories

Author:

Jenny Lapham - Governance Support Officer

Authoriser:

Kristy Rusher - Manager Civic and Legal

Sandy Graham - General Manager Strategy and Governance

Attachments

There are no attachments for this report.

  


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Local Government Legislation - Briefing for the Inaugural Community Board Meeting 2016

Department: Civic and Legal

 

 

 

 

EXECUTIVE SUMMARY  

1      Clause 21 of Schedule 7 of the Local Government Act 2002 requires that, at the inaugural meeting of the Council and Community Boards following the triennial election, the Chief Executive Officer must provide a general explanation of the following legislation:

a)     The Local Government Official Information and Meetings Act 1987;

b)     The Local Authorities (Members' Interests) Act 1968;

c)     Sections 99, 105 and 105A of the Crimes Act 1961;

d)     The Secret Commissions Act 1910; and

e)     The Financial Markets Conduct Act 2013.

RECOMMENDATIONS

That the Board:

a)     Notes the advice regarding key legislation that applies to members of Community Boards.

 

DISCUSSION

Local Government Official Information and Meetings Act 1987

2      This Act concerns the participation of the public in meeting processes, and access to official information held by the Dunedin City Council and Community Boards.

3      The Act is based on the principle that public participation in democratic processes is paramount and information will be made available unless there is a good reason to withhold it.

4      Nearly all information held by local authorities and elected members conducting business is deemed to be official information.  This may include information stored by way of tape recordings, computer, email, text messages or other electronic communications if it concerns Council or Community Board related business.  If it concerns the conduct of Council or Community Board business, it is official information even if it is held on a personal device. 

5      Requests for access to official information are made under the Local Government Official Information and Meetings Act 1987 (commonly called a LGOIMA request).  Requests for personal information from an individual about that individual are made under the Privacy Act 1993.

6      Requests may be written or oral, although written requests are encouraged.  Council has a statutory duty to help people in making requests for information and must make a decision as to whether the information will be released no later than 20 working days after the request is received.  The Council can, if appropriate, extend the 20 working day period.

7      Requests for official information or information requested under the Privacy Act are handled by officials.  Requests for official information should be made by:

a)     Using the online form at http://www.dunedin.govt.nz/your-council/official-information; or

b)     Emailing officialinformation@dcc.govt.nz.

8      Responses to requests made by elected members are circulated to all elected members.

Refusal of Information Requests

9      The Act sets out a number of conclusive and good reasons why requests for official information may be refused. Unless one of these grounds for refusal applies, the information must be released.

10    Reasons for refusal are specified in sections 6, 7 and 17 of this Act and include:

a)     Protecting the privacy of natural persons;

b)     Protecting information which is subject to an obligation of confidence;

c)     Enabling a local authority to carry out, without prejudice or disadvantage, commercial activities;

d)     Enabling a local authority to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations);

e)     Maintaining legal professional privilege; and

f)     Ensuring the maintenance of the law or the detection of offences.

11    Good reasons for refusal are also subject to a "public interest" test. That is, even if the information sought falls within one of the refusal categories it must be released where the withholding of the information is outweighed by other considerations rendering it desirable in the public interest that the information be released.

12    If a request is refused the Council must give the requester:

a)     The reason for its refusal;

b)     The grounds in support of that refusal; and

c)     Advice as to the right to apply to the Ombudsman to seek a review of the refusal

Meetings

13    This Act requires Council to prepare agendas and other reports for Community Board meetings and to make them available a minimum of two working days in advance of the meeting date and time.  It also requires that the Community Board meetings be held in public, unless there are grounds for the matter to be considered with the public to be excluded. 

14    All meetings must be advertised in accordance with s46(1) and s46(2) of LGOIMA.  This means that meetings must be advertised not more than 14 days or less than five before the end of each month except that if the meeting is to occur after the 21st day of the month it may be advertised not more than 10 or less than five working days before the day on which it is to be held.

15    Any meetings not advertised in accordance with s46(1) and s46(2) of LGOIMA will be extraordinary meetings and public notice given as provided for in s46(3) and s46(4).  This means that notice is given as soon as practicable with an indication of the general nature of the business.  However, meetings will not be invalid due to not being advertised in accordance with s46.  There is provision in s46(6) for meetings to be advertised after the event.

16    In the event of it being necessary to hold an extraordinary meeting, s46(4) will apply.  This provides for such notice as is reasonable in the circumstances with the business to be transacted described.

17    The Act provides that the public and media have the right of access to all meetings of the Council, committees, subcommittees (with the power to decide) and Community Boards unless the meeting resolves to exclude the public.  The grounds for excluding the public and the media from a meeting can only be those provided in the Act and essentially are the same grounds as for withholding official information.  However the public may be excluded where the subject matter of the discussion is one in respect of which a right of appeal exists to any Court or Tribunal.

18    A resolution to exclude the public is required and the motion must state the subject matter of the "non public" matter and the specific reason provided in the Act and be put while the public is still present.  A full explanation of the grounds to exclude the public is contained in Schedule C to Standing Orders.

19    Even where a meeting has resolved to exclude the public, a person can request a copy of the minutes of the meeting and that request must be treated in the same way as a request for official information and a decision to refuse may be subject to review by an Ombudsman.

20    The release of publicly excluded information by members without authority is prohibited under the Council's and Community Boards' Standing Orders - therefore any request for information or intention to release publicly excluded information should be referred to the Chief Executive Officer in the first instance.

Adding matters to the agenda

21    The Chief Executive Officer is solely responsible for the agenda for Council and Community Board meetings.  The Chief Executive Officer may include or withdraw items on an agenda.   

22    Items of business not on the agenda which cannot be delayed may not be dealt with unless resolved by the meeting and after an explanation is provided of why the matter cannot wait until the next meeting.  Items not on the agenda may be brought by a report of the Chief Executive Officer or the Chairperson. 

23    If the matter is a minor matter relating to the general business of the Council or Community Board, then it may be discussed without the meeting having resolved to do so, provided that at the beginning of the meeting (and while the meeting is open to the public) the chair explains that the item will be discussed.  However, no resolution, decision or recommendation may be made except to refer the item to a subsequent meeting for further discussion.

Maintenance of Order at Meetings

24    Chairpersons at meetings may require members of the public to leave the meeting if the behaviour of the person concerned is likely to prejudice or continue to prejudice the orderly conduct of the meeting.  If the member of the public refuses to leave they may be removed by an officer of the Council or a constable.

25    Councillors or Community Board members whose conduct prevents the orderly conduct of the meeting may be directed to leave by the Chairperson under Standing Orders.

Oral and Written Statements are Privileged

26    The law recognises that there are occasions where making of an oral statement at a meeting of a local authority or the publication of information should be the subject of an immunity from Court proceedings such as defamation. 

27    Information published in an agenda or report is to be treated as privileged, unless the publication was predominantly motivated by ill will or improper advantage.  Oral statements made at meetings in accordance with the standing orders adopted by the Community Board are also privileged, unless the statement is proved to be predominantly motivated by ill will or the maker of the statement took improper advantage of the occasion of publication.

Local Authorities (Members' Interests) Act 1968 and Conflicts Of Interest

28    The purpose of the Local Authorities (Members' Interests) Act 1968 (LAMIA) is to:

·           Prevent preferential treatment from the local authority for people holding public office; and

·           Ensure that decision-makers are not affected by personal motives when they participate in local authority matters.

29    The law on managing conflicts of interest has been developed to achieve two objectives:

1)     That decisions are made based on the relevant information and arguments, not ulterior motives or prejudices; and

2)     People affected by a decision have trust and confidence in the process, particularly the fairness of the process.

The Disqualification from Office "Rule"

30    Unless prior approval of the Auditor General (or some other specified exception applies) LAMIA disqualifies elected and appointed members of Community Boards from office where they are "concerned or interested" in contracts with the Council or Community Board that exceeds a cumulative value of $25,000 (inclusive of GST) in any financial year.  Contracts include any sub‑contracts.

31    If a member breaches the $25,000 (inclusive of GST) limit, that member is disqualified from holding office and, if they continue to act, may be prosecuted and fined.

32    Generally a person will be concerned or interested in a contract or other matter where:

·           That person or their spouse separately or together hold 10% of the issued capital or the company or a controlling company; and/or

·           The member or spouse is a shareholder of the company or controlling company and either the member or spouse is a managing director or general manager or equivalent.

33    Retrospective approval from the Office of the Auditor-General can only be given in limited circumstances and so prior approval should always be sought at the first opportunity.

34    It is your responsibility to keep track of contracts or subcontracts in which you are concerned or have an interest, and to ensure that pre-approval for the transaction is sought from the Auditor-General at the first opportunity if the total amount of payment exceeds the $25,000 (including GST) limit in one financial year.

The Participation "Rule"

35    LAMIA prohibits members of the Council, a Committee or Community Board voting on any matter in which they have a direct or indirect pecuniary interest, other than an interest in common with the public.

Pecuniary Interests

36    A pecuniary interest is: “whether, if the matter were dealt with in a particular way, discussion or voting on that matter could reasonably give rise to an expectation of a gain or loss of money for the member concerned.”  In addition, if your spouse has a pecuniary interest you are deemed to have the same interest.

37    A pecuniary interest via a company arises where:

·           That person or their spouse separately or together hold 10% of the issued capital or the company or a controlling company; and/or

·           The member or spouse is a shareholder of the company or controlling company and either the member or spouse is a managing director or general manager or equivalent.

38    Where uncertainty exists, the member must adopt a "lowest risk" approach.  In most instances, this will mean withdrawing from discussion and voting.

39    A pecuniary interest may exist even where an organisation is a not for profit agency such as sporting, cultural or charitable associations.  However, pecuniary interests may arise where such decision-makers hold membership at a golf club occupying land leased from the local authority when the lease rental has a consequence for the size of the members' subscription or other fees.

40    Any member who contravenes the prohibition against discussing or voting on a matter in which they have a pecuniary interest commits an offence liable to a fine.  Upon conviction the member is disqualified from holding office and an extraordinary vacancy is created.

Non Pecuniary Interests

41    A non-pecuniary conflict of interest exists where:

"…a fair-minded observer reasonably thinks that a member of the decision-making body might not bring an impartial mind to the decision, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party."

42    Therefore non-pecuniary interests can be actual interests or perceived interests. 

Actual Conflict of Non-Pecuniary Interest

43    A close relationship or involvement between the elected member and an individual or organisation affected by the matter for decision can mean that there is an actual conflict of a non-pecuniary interest.

Example: if the elected member is an office holder in the club or strongly identified with the club, or if the decision will result in a benefit to the club.

Perceived Conflict of Non-Pecuniary Interest

44    The roles of a member may also intersect with other responsibilities held such that a perception of bias cannot be avoided.

Examples:

·           Statements or conduct by the member may indicate that they have made up their mind before hearing all the information relevant to the decision.

·           If the elected member is a Justice of the Peace who sat in the District Court to hear and determine traffic infringements and that person is seeking a decision from Council, the appearance of a conflict of interest could not be avoided if that person participated in the Council decision-making.  It would be inappropriate for such a person to be the decision-maker in a matter where the Council is the informant or prosecuting agency.

Council Controlled Organisations (CCOs)

45    The fact of being a CCO director will not usually prevent a member from participating in local authority matters concerning the CCO – especially if the role gives the member specialised knowledge that it would be valuable to contribute.

46    However, the participation rule applies in circumstances where there is a conflict between your duty as a member of the local authority and your duty to act in the interests of the other organisation.

47    An example may be if the Council is considering a change in the mode of delivery of one of its services that could affect the financial position of a CCO.

48    However, in matters relating to the other direct or indirect pecuniary interests that exist the Council would need to apply to the Auditor-General for a declaration to enable members to determine the fees.

Declaring Pecuniary and Non-Pecuniary Interests and abstention from voting and discussing

49    Members are under a duty to declare to the meeting their interest.  Their abstention from discussion and voting must be recorded in the minutes.

50    The prohibition against discussing and voting on a matter does not apply in certain situations, such as:

a)     Members' remuneration where the maximum rate has already been fixed;

b)     Election or appointment of any member to a Council, or Community Board, office notwithstanding that remuneration is payable;

c)     The preparation, approval, or review of a district plan, unless the matter relates to any variation or change or departure from a district plan or to the conditional use of land.

 

Exemptions from the Auditor General

51    The Audit Office has the power to declare that the prohibition shall not apply in respect of any particular matter if the Office is satisfied the prohibition would impede the business of the Council or that it is in the interest of the electors that the prohibition not apply. An exemption cannot be given retrospectively – applications must be made before the member participates.

52    The booklet, published by the Audit Office entitled "Guidance for members of local authorities about the law on conflicts of interest", was distributed to all elected members and it is strongly recommended that new elected members read this document carefully and existing elected members refresh their knowledge.  Members who misplace their copy should contact the Governance Support Team as replacement copies can always be provided.

Sections 99, 105 and 105a Crimes Act 1961

53    Councillors and Community Board Members come within the definition of an "official" in section 99 of the Crimes Act.  It is an offence against this section to seek or obtain a reward for performing one’s official duties as a Councillor or Community Board Member.

54    Section 105 of that Act provides that every official is liable to imprisonment for a term not exceeding seven years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in an official capacity. 

55    Section 105A provides it is an offence carrying a term of imprisonment of up to seven years, for an official to use any information acquired by him or her in an official capacity to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or herself, or any other person. 

56    Example: a breach of this provision could be proved if an elected member, knowing that land was to be re-zoned, invested in the purchase of that land before the proposal had been publicly notified.

Secret Commissions Act 1910

57    This Act upholds the principle that persons holding positions of trust such as members of Council, Committees or Community Boards should not make a profit from holding office.

58    The Act provides that elected members and officers are "agents" of the Council or Community Board and that every agent commits an offence who corruptly accepts or obtains or solicits, for themselves or for any other person, any gift or other consideration as an inducement or reward for doing or not doing any act in relation to the Community Board (or Council's) affairs, or for having shown favour or disfavour to any person in relation to the Community Board (or Council's) affairs.

59    Any agent who diverts, obstructs or interferes with the proper course of the Community Board (or Council's) business, or fails to use due diligence in the execution of such business with intent to obtain for themselves or any other person any gift or other consideration shall be deemed to have corruptly solicited a consideration.

60    While "gift" is not defined, "consideration" is.  It includes discounts, commissions, rebates, bonuses, deductions, percentages, employment and money (including loans).

61    Section 5 of the Act provides that an agent, who makes a contract on behalf of the Community Board or Council, must disclose to the Community Board or Council any pecuniary interest in the contract.  This provision is similar to that contained in the Local Authorities (Members' Interests) Act 1968.

62    Also, it is an offence to advise the Community Board  or Council with intent to induce it to enter into a contract with a third person, and receive any gift or consideration from the third person, without disclosing to the Community Board and Council the fact of payment of the gift or other consideration.

63    Upon conviction for any offence under the Act an agent is liable to a fine or two years imprisonment and would be disqualified from holding office.

Financial Markets Conduct Act 2013

64    Under the Financial Markets Conduct Act 2013, elected members are in a similar position to company directors if the Council were to issue financial products, such as equity or debt securities, under its borrowing powers.

65    The Financial Markets Conduct Act 2013 imposes on Members the same responsibilities as company directors whenever Council offers securities (debt or equity) to the public.  Members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met. They may be personally liable for civil action or criminal prosecution if the requirements of the Act, such as keeping an audited register of financial products issued, are not met.

66    The Act also prohibits any Member who has information about a listed company that is not generally available to the market, from trading in that company's shares or from disclosing that information. Therefore, if elected members become aware of inside information, care must be taken not to use it or divulge it to other people.

67    The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – five years) are such that if a Member were convicted, that conviction would result in a disqualification from holding office.

 

Signatories

Author:

Kristy Rusher - Manager Civic and Legal

Authoriser:

Sandy Graham - General Manager Strategy and Governance

Sue Bidrose - Chief Executive Officer 

Attachments

There are no attachments for this report.

  


Mosgiel Taieri Community Board

26 October 2016

 

 

 

Acknowledgement of Retiring Members

Department: Civic and Legal

 

 

 

 

RECOMMENDATIONS

That the Board:

a)     Records its sincere thanks to Blackie Catlow for the loyal and conscientious service given to the City of Dunedin as a member of the Mosgiel Taieri Community Board for the 3 year period 2013 to 2016.

b)     Extends sincere appreciation for the services rendered and every good wish for the future.

c)     Records its sincere thanks to Mark Willis for the loyal and conscientious service given to the City of Dunedin as a member of the Chalmers Community Board for the 3 year period 2013 to 2016.

d)     Extends sincere appreciation for the services rendered and every good wish for the future.

 

 

Signatories

Author:

Jenny Lapham - Governance Support Officer

Authoriser:

Kristy Rusher - Manager Civic and Legal

Sandy Graham - General Manager Strategy and Governance

Attachments

There are no attachments for this report.               

  



[1] A self assessment template is provided in the Guidance to this Code.

[2] On behalf of the Council the Chief Executive will, shortly after the start of a triennium, prepare, in consultation with the Mayor or Chairperson, a list of investigators for this purpose of undertaking a preliminary assessment. The Chief Executive may prepare a list specifically for his or her council, prepare a list jointly with neighbouring councils or contract with an agency capable of providing appropriate investigators, such as EquiP.