Governance Manual

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3.6 Footnotes

 

3.2.2 Code of Conduct

[1]
Schedule 7, clause 15.

[2] Schedule 7, clause 15(6).

[3] The Code does not apply to Independent Māori Statutory Board member appointees to committees (see the definition of “member in the Local Government Act 2002 and the interpretation section to the Code of Conduct, section 1). Some parts of the code (e.g. conflicts of interest and confidentiality) will apply to IMSB members through other means, for example, through standing orders.

[4] Section 4 of the Code.

[5] Section 5 of the Code

[6] Schedule 7, clause 15(2) LGA 02.

 

3.2.3 Conduct - mandatory relationships and behaviours

[1] Section 7.1 of the Code.

[2] Section 7.2 of the Code.

[3] Section 7.3 of the Code.

[4] Section 7.4 of the Code.

[5] Section 7.5 of the Code.

[6] Section 7.5 of the Code.

[7] Section 7.6 of the Code.

[8] Section 7.7 of the Code.

[9] Section 7.8 of the Code.

[10] Section 7.9.1 – 7.9.3 of the Code.

[11] Section 7.9.4 of the Code.

[12] http://www.oag.govt.nz/2007/conflicts-public-entities/part5.htm

 

3.2.4 Breaching the Code

[1] Section 8.2 of the Code.

 

3.2.5 Declarations when taking office

[1] Local Government Act 2002 Schedule 7, Part 1, Clause 14.

 

3.2.7 Access to Confidential Information

[1] Local Government Official Information and Meetings Act 1987

[2] Elected Members Code of Conduct Section 7.6 Confidential Information

 

3.2.8 Relationship with the chief executive and council staff

[1] Most of this section is from http://www.oag.govt.nz/2012/local-govt/part6.htm.

[2] Unless a decision has been delegated to an individual elected member (or is otherwise set out in statute, e.g. the role of the mayor) elected members’ power is exercised through their collective decisions at formal meetings.

 

3.2.9 Relative Responsibilities of the chief executive

[1] Local Government Act 2002, s 42(1), Sch 7 cls 33-35. 

[2] Local Government Act 2002, s 42(2)(g).

[3] Local Government Act 2002, s 42(2)(a), 42(2A).

[4] Auditor-General’s Inquiry into the Mangawhai Community Wastewater Scheme (Kaipara) (2013), para 25.20 and 25.22.

 

3.2.10 Gifts, fees, endorsements and outside activities

[1] Local Government Act Schedule 7, Clause 14.

[2] Local Government Act 2002, Section 13(a)(1).

[3] See above sub-section on Register of Declarations.

 

3.2.11 Remuneration

[1] http://remauthority.govt.nz/.

[2] Local Government Act 2002, Schedule 7 Clause 6.

[3] Remuneration Authority Act 1977 Section 18. 18A and Local Government Act 2002, Schedule 7 Clause 7

[4] E.g. if elected members were to receive an allowance for attending part of a meeting, this could provide an unintended incentive to leave a meeting as soon as the attendance allowance had been earned.

[5] http://remauthority.govt.nz/assets/REM-local-govt/Remuneration-Setting-for-Local-Authorities-v2.0.pdf.

[6] http://www.aucklandcouncil.govt.nz/en/aboutcouncil/representativesbodies/documents/electedmembersexpenserules.pdf

 

3.2.12 Provision of offices, technology and support staff
[1] See Attached file

 

3.2.13 Engaging with the Public 

[1]  Code of Conduct section 7.3 Relationships with the community.

[2]  Local Government (Auckland Council) Act 2009 Section 9.

[3]  Ibid, sections 13 & 16.

 

3.2.14 Protocols around media and speeches
[1] http://www.aucklandcouncil.govt.nz/sitecollectiondocuments/aboutcouncil/governingbody/codeofconductelectedmembers.pdf

[2] https://acintranet.aklc.govt.nz/EN/departments/communications/Communications%20and%20public%20affairs%20policies%20and%20pro/Auckland%20Council%20News%20Media%20Policy%202013.pdf

 

3.2.15 Pre-election period

[1] https://www.dia.govt.nz/Resource-material-Our-Policy-Advice-Areas-Local-Government-Policy

  

3.4.1 Personal Liability

[1] Local Government Auckland Council Act 2009 s 11A(1).

[2] Local Government Act 2002 s 43(1).

[3] Local Government Act 2002 ss 44(1) and 46(1), LGACA09 s 11A(1).

[4] Local Government Act 2002 ss 44 and 46(1).

[5] Auditor-General Kaipara District Council: The Auditor-General’s decision on requests to make a report under section 44 of the Local Government Act 2002 (19 August 2015) at 6.1.

[6] Local Government Act 2002 s 46(2).

[7] Local Government Act 2002 s 46(3).

[8] Local Government Act 2002 s 46(4).

[9] Local Government Auckland Council Act 2009 s 11A(2).

[10] Local Government Act 2002 s 47(1).

[11] Local Government Act 2002 s 47(2).

[12] Local Government Act 2002 s 47(3).

 

3.4.3 Qualified privilege

[1] Local Government Official Information Meetings Act 1987 ss47.

[2] Local Government Official Information Meetings Act 1987 ss 52 and 53; Standing Order 1.3.9 of the Standing Orders of the Governing Body; and Standing Order 3.16 of the Local Board Standing Orders.

[3] Local Government Official Information Meetings Act 1987 ss 52 and 53; Standing Order 1.3.9 of the Standing Orders of the Governing Body; and Standing Order 3.16 of the Local Board Standing Orders.

 

3.5 Removal from Office

[1] The Minister of Local Government can decide to intervene in council matters including by appointing a commission for the Auckland region (to act in place of all the governing body elected members). The Minister can be asked to exercise this power at the written request of governing body: Local Government Act 2002,258F(1)(d)  This would have the effect of removing all governing body members.

[2] This requires the member to be subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988: Local Government Act 2002, Schedule 7, cl5.

[3] Local Government Act 2002, Schedule 7, cl 1-5.

[4] Local Electoral Act 2001, section 117(1).

 

Key Documents 

 

Appointment and Remuneration Policy for Boards Members of Council Organisation

Civil Defence Emergency Management Act 2002

Code of Conduct

Code of conduct for elected members

Interpretation Act 1999

Ngāti Whātua Orākei Claims Settlement Act 2012

Ngāti Whātua o Kaipara Claims Settlement Act 2013

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Local Boards Standing Orders

Local Electoral Act 2001

Local Government Act 2002

Local Government (Rating) Act 2002

Local Government (Auckland Council) Act 2009

Local Government Official Information and Meetings Act 1987

Public Audit Act 2001

Standing Orders

 

 

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