15.3.8 Commenting on council legal proceedings


  1. It is inappropriate for staff or elected members to publicly comment on the substance of a matter involving the council when it is before the court. In some circumstances, such a comment may be a contempt of court.

  2. Elected members and council staff should be careful not to act in a way that jeopardises the council’s position in a legal proceeding.

  3. Elected members and council staff must not express views that are likely to be publicised if these views could be regarded as reflecting adversely on the impartiality or ability of a judge. It is improper for a person holding public office to make such comments publicly.

  4. Elected members must make clear that any public comments on judicial decisions (once the litigation is complete) are his/her own views and not the council’s.



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