Notice of Meeting:

I hereby give notice that an Inaugural meeting of the Otago Peninsula Community Board will be held on:

 

Date:                                                    Thursday 31 October 2019

Time:                                                   2.00 pm

Venue:                                                Edinburgh Room, Municipal Chambers
The Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

Otago Peninsula Community Board

PUBLIC AGENDA

 

MEMBERSHIP

 

Members

Lox Kellas

Graham McArthur

 

Cheryl Neill

Edna Stevenson

 

Paul Pope

Hoani Langsbury

 

Cr Andrew Whiley

 

 

Senior Officer                                               Chris Henderson, Group Manager Waste and Environmental Solutions

 

Governance Support Officer                  Lauren McDonald

 

 

 

Lauren McDonald

Governance Support Officer

 

 

Telephone: 03 477 4000

Lauren.McDonald@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.

 


Otago Peninsula Community Board

31 October 2019

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Opening

2             Public Forum                                                                                                                                                              4

1.1       Welcome by the Chief Executive Officer, Dr Sue Bidrose                                                             4

1.2       Declarations by Members                                                                                                                        4

3             Apologies                                                                                                                                                                    4

4             Declaration of Interest                                                                                                                                           4      

Part A Reports (Otago Peninsula Community Board  has power to decide these matters)

5             Voting Procedure for appointment of a Chairperson and Deputy Chairperson                                5

6             Election of Chairperson and Deputy Chairperson

7             Meeting Schedule                                                                                                                                                    9

8             Local Government Legislation - Briefing for the Inaugural Council Meeting                                   10             

 

 


Otago Peninsula Community Board

31 October 2019

 

 

1          opening

             The Chief Executive Officer will open the meeting.

 

2          Public Forum

             As this is the Inaugural Community Board meeting there is no public forum.

 

1.1       Welcome by the Chief Executive Officer, Dr Sue Bidrose

1.2       Declarations by Members

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

3          Apologies

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

4          Declaration of Interest

As this is an Inaugural Community Board meeting, the Declaration of Interest is not included in the agenda.

    


Otago Peninsula Community Board

31 October 2019

 

Part A Reports

 

Voting Procedure for appointment of a Chairperson and Deputy Chairperson

Department: Civic

 

 

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:

Lauren McDonald - Governance Support Officer

Authoriser:

Sharon Bodeker - Team Leader Civic


 

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.

 

 Meeting Schedule

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          The Board is requested to consider the date of the next Otago Peninsula Community Board meeting, which is proposed for Thursday 21 November 2019 commencing at 10:00am.

2          A meeting schedule for 2020 will be brought to the meeting being held on 21 November 2019 for the Board’s confirmation.

 

RECOMMENDATIONS

That the Board:

a)     Confirms that its next meeting will be held on 21 November 2019 commencing at
10.00 am.

b)     Notes that the meeting schedule for 2020 will be considered by the Board at the meeting of 21 November 2019.

 

 

 

Signatories

Author:

Lauren McDonald - Governance Support Officer

Authoriser:

Sharon Bodeker - Team Leader Civic

Attachments

There are no attachments for this report.  


Otago Peninsula Community Board

31 October 2019

 

 

Local Government Legislation - Briefing for the Inaugural Council Meeting

Department: Civic

 

 

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.

2          As this is an administrative report, there are no options or statement of considerations. 

RECOMMENDATIONS

That the Board:

a)     Notes the advice regarding key legislation that applies to members of Council, its Committees and Community Boards.

 

DISCUSSION

Local Government Official Information and Meetings Act 1987

3          This Act concerns the participation of the public in meeting processes, and access to official information held by the Dunedin City Council.

4          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.

5          Nearly all information held by local authorities and elected members conducting Council 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-related business.  If it concerns the conduct of Council business, it is official information even if it is held on a personal device. 

6          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.

7          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.

8          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 .

9          Responses to requests made by elected members are circulated to all elected members, where appropriate.

Refusal of Information Requests

10        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.

11        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.

12        Good reasons for refusal are also subject to a "public interest" test. 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.

13        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

14        This Act requires Council to prepare agendas and other reports for Council and Committee 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 Council meetings be held in public, unless there are grounds for the matter to be considered with the public to be excluded. 

15        All meetings must be advertised in accordance with s46(1) and s46(2) of LGOIMA.  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.

16        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.

17        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.

18        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.

19        A resolution to exclude the public is required.  The motion must state the subject 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 Appendix 1 of the Standing Orders.

20        Even where a meeting has resolved to exclude the public, a person can request a copy of the minutes of the meeting.  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.

21        The release of publicly excluded information by members without authority is prohibited under the Council's and the Community Boards' Standing Orders.  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

22        The Chief Executive Officer is solely responsible for the agenda for Council meetings.  The Chief Executive Officer may include or withdraw items on an agenda.   

23        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. 

24        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

25        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.

26        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

27        The law recognises that there are occasions where the 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. 

28        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 Council 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

29        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.

30        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"

31        Unless prior approval of the Auditor General (or some other specified exception) applies, LAMIA disqualifies elected and appointed members of Council from office where they are "concerned or interested" in contracts with the Council that exceed a cumulative value of $25,000 (inclusive of GST) in any financial year.  Contracts include any sub‑contracts.

32        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.

33        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 of 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.

34        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.

35        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"

36        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

37        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.

38        A pecuniary interest via a company arises where:

·           That person or their spouse separately or together hold 10% of the issued capital of 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.

39        Where uncertainty exists, the member must adopt a "lowest risk" approach.  In most instances, this will mean withdrawing from discussion and voting.

40        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.

41        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

42        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."

43        Therefore non-pecuniary interests can be actual interests or perceived interests. 

Actual Conflict of Non-Pecuniary Interest

44        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.

45        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

46        The roles of a member may also intersect with other responsibilities held such that a perception of bias cannot be avoided.

47        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)

48        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.

49        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.

50        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.

51        The appointment of Councillors to be directors of CCOs will not be a matter in respect of which any member will be prohibited from discussion and voting.

52        However, in matters relating to the setting of fees payable to the directors of CCOs, council members who are directors of any of the CCOs concerned would have a direct pecuniary interest and the prohibition would apply.  For new CCOs, when the directors have not yet been appointed, all Councillors would have an indirect pecuniary interest.  In this situation, 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

53        Members are under a duty to declare to the meeting their interest.  Their abstention from discussion and voting must be recorded in the minutes.

54        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

55        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.

56        The booklet, published by the Audit Office entitled "Guidance for members of local authorities about the Local Authorities (Members’ Interests) Act 1968", 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 of the Crimes Act 1961

57        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.

58        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. 

59        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. 

60        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 1919

61        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.

62        The Act provides that elected members and officers are "agents" of the Council 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 Council's affairs, or for having shown favour or disfavour to any person in relation to the Council's affairs.

63        Any agent who diverts, obstructs or interferes with the proper course of the 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.

64        While "gift" is not defined, "consideration" is.  It includes discounts, commissions, rebates, bonuses, deductions, percentages, employment and money (including loans).

65        Section 5 of the Act provides that an agent, who makes a contract on behalf of the Council, must disclose to the Council any pecuniary interest in the contract.  This provision is similar to that contained in the Local Authorities (Members' Interests) Act 1968.

66        Also, it is an offence to advise the 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 Council the fact of payment of the gift or other consideration.

67        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

68        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.

69        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.

70        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.

71        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:

Sharon Bodeker - Team Leader Civic

Authoriser:

Sandy Graham - General Manager City Services

Attachments

There are no attachments for this report.