3.2 Elected members' conduct

Elected members must meet certain expectations of how they act and interact with other members, staff and the public when carrying out their duties. An important part of this is balancing duties and personal interests to minimise or avoid any conflicts of interest.  

Elected members have two key roles which they need to balance at times. This means:   

A ward councillor is required to act in the interests of the whole region while at the same time representing their ward. Where there is a conflict, the councillor is required to act in the best interests of the region, which is what councillors promise to do when they make their statutory declarations. A similar situation exists for a local board member who is elected on a subdivision basis. Check Roles and duties of elected members to find out more about the role of a ward councillor and local board member.  

It can be difficult to separate a member’s public and private roles. For example, members may be asked for their views on a council decision when out with family, or they may wish to sign a petition in their individual capacity. Members should refer to the council’s Code of Conduct for guidance. 

Code of Conduct

The Local Government Act 2002 requires the council to adopt a Code of Conduct that publicly sets out expectations for members [1]. Any changes require the approval of 75 per cent or more of the Governing Body's members [2].The most recent version was adopted by the Governing Body in May 2021. 

The Code applies to all Governing Body members and all local board members [3]. It includes the: 

The expected conduct of elected members is contained in the two principles and in the attachments. 

Principles of the Code

Trust and relationship are two principles set out in the Code of Conduct.   

Trust principle

The community trusts elected members to act responsibly and work in the community’s best interest. An elected member will: 

Respect principle

A member will respect the other elected members, staff and the public.  

An elected member: 

Attachments to the Code

Conflict of interest policy 

This policy outlines the tests and requirements to declare, financial and non-financial conflicts of interest and the tests for, and consequences of, predetermination. Visit How the council makes decisions for more information.  

Confidential information, policy and protocol 

Confidential information, policy and protocol describes the need to share confidential information only with those who need it. It includes the policy for staff about presenting and managing confidential information at meetings and workshops and elected members’ obligations to maintain the confidentiality of that information. It also contains the protocol for elected members to follow when requesting confidential information. 

Working with staff 

This policy sets out the roles and responsibilities of both elected members (governance role) and staff (operational role) when working together. Elected members are expected to treat staff with respect, be aware of their position of authority as a decision-maker and consider how their words and actions may affect others, so as not to trigger the breach provisions under the Code. 

Election year policy

This policy covers the principles that apply in an election year, when some elected members have two roles; as decision-makers and campaigning for office for the next term. The policy’s focus is on ensuring council resources do not privilege the re-election of existing members so elections can be seen to be fair for all who want to stand as candidates. It also covers protocols for the pre-election period relating to decision-making. 

Communications policy

This policy acknowledges that the council can use council funds to communicate with its communities. It also has rules to make sure this communication does not give any elected member too much attention, especially during an election year. It applies to elected members communicating in their official roles, not making statements with their own resources in their personal capacity. 

Media protocols

Under the media protocols, the following can act as spokespersons: 

The media protocols allow individual members to give their personal views to media but only if they make it clear they are sharing their personal views, which do not represent the Governing Body or their local board’s views and the comments are not derogatory 

Social media guidelines

Social media guidelines provide guidance on dealing with abuse and highlight issues when using social media in an official role. They recognise social media can be a powerful tool for engagement, but these platforms can also be used to spread misinformation, for abuse and to threaten the democratic process which undermines their ability to serve Aucklanders effectively.  Under the Harmful Digital Communications Act 2015 it's important to take action to manage harmful digital communications. 

Governance roles and responsibilities

Governance roles and responsibilities explain the various roles held by elected members, including councillors, committee chairs, local board members, local board chairs and deputy chairs. 

Expenses policy

Expenses policy sets out the expenses members are entitled to claim. Although it relates to conduct, it is adopted separately. 

Legislation relevant to the conduct of members 

The following are the laws that apply to elected members’ conduct: 

Breaches of the Code

A breach of the Code occurs when a member fails to meet the principles of trust or respect or violates a provision in the policy.  

You can make a formal complaint if you think a member has broken the rules. However, making a formal complaint should be the last option.  

All members have agreed to the expectations and understandings of conduct in the Code. If a member’s behaviour doesn’t meet these expectations, the first step may be to remind them of what the Code says. 

Making a complaint under the Code of Conduct

A complaint can be made by an elected member, the Chief Executive acting on behalf of staff or a member of the public.  

The complaint must: 

Complaints should not be about behaviour during a meeting as this is covered by the meeting standing orders. If the conduct was not properly addressed at a meeting, it may be raised in a complaint under the Code. 

What happens next 

If the complaint is about a conflict of interest, it will be referred for legal advice. In all other situations, an investigator will review it and:  

If the complaint relates to a material breach, the Conduct Commissioner may arrange mediation or investigate the complaint to decide if the breach has occurred.  

A Conduct Commissioner has the power to impose specific penalties. The report of the investigation will be made public. 

Footnotes

[1] Schedule 7, clause 15. 

[2] Schedule 7, clause 15(6). 

[3] The Code does not apply to Houkura - 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.