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 application section of the Code of Conduct). 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 1 of the Code.
[5] “Auckland Council Elected Members Code of Conduct - Attachments –“ is a separate document to the Code.
[6] Section 3 of the Code.
[7] Section 4 of the Code.
3.2.5 Declaration 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.
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 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] https://www.remauthority.govt.nz/assets/Uploads/REM/remuneration-setting-for-local-authorities.pdf
3.2.12 Provision of offices, technology and support staff
See Attached Elected Members Technology Policy.
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/ 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
[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 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).
[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.
[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, cl 5.
[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