4.1.4 Mayoral conduct, interests and remuneration
The Mayor of Auckland holds a public office and is expected to act lawfully, ethically, and in a way that upholds the integrity of the role.
Key expectations of the mayor
- Maintain high ethical standards and act lawfully in all mayoral, political and personal capacities.
- Avoid using mayoral powers for personal benefit or to gain unfair political advantage.
- Distinguish clearly between official duties and personal or political activity.
- Awareness that even when acting in a personal or political capacity, their conduct may affect the council’s reputation.
- Compliance with the Code of Conduct for Elected Members [1] when acting in their mayoral role.
While the mayor’s role and powers provide a platform for the mayor to succeed (or fail) in their political capacity, they should take care not to use them to gain an unfair or improper advantage over other political actors.
Accountability and enforcement
Breaches of the code can result in censure by the Governing Body (including the mayor) [2]. The Governing Body does not have other powers to sanction the mayor for such breaches and is ultimately democratically accountable to the public for their conduct.
The mayor may also be reviewed by:
- The Auditor-General (e.g. for financial or other conflicts of interest [3], council resource misuse [4] or acts causing the council financial loss or damage) [5]
- The courts (through judicial review of exercise of powers).
Personal interests
The mayor must always act, and be seen to act, in the public interest and avoid decisions influenced by personal gain.
Conflict of interest requirements
- Fully disclose any actual or potential conflicts of interest.
- Do not participate in decisions where a conflict exists.
These principles apply to all elected members, but because of the breadth and influence of the mayor’s role and powers, extra care must be taken to identify and address conflicts promptly. Actual or potential conflicts must be promptly addressed.
Rules for gifts
The mayor may receive gifts in any capacity but must manage perceptions carefully by:
- declaring gifts over $500 (excluding gifts from family) [6]. The mayor’s office will help them in completing this task
- avoiding accepting gifts from anyone involved in regulatory or procurement processes with the council, such as tendering [7]
- treating civic gifts (like from foreign dignitaries or cities) as gifts to the office and handed over to the council if significant [8]. Refusal of such gifts will likely cause offence.
Cultural gifts
The mayor is at times offered cultural gifts, such as koha, melofa or lafo as a show of respect for relationships. They can reflect concepts such as service to others, reciprocity, hospitality and responsibility.
The mayor should return gifts of cash or funds immediately, with a respectful statement explaining that they honour the intent behind the gift, but it is their job to serve and they are already well paid. Although there may be good intentions behind the gift, it may create a perception of a conflict of interest or accusations of double-dipping.
Acceptance of other cultural gifts, such as fine mats or food is unlikely to create the same perception problems.
Key principles for accepting gifts
Before any elected member accepts a gift, they should consider:
- their declaration when taking office to act in the best interests of Auckland or their local board area [9]
- whether public perception could imply bias or conflict
- the council’s obligation to be open, transparent and democratically accountable [10].
For more information, visit Gifts and outside activities.
Fees, endorsements and outside activities
The position of mayor is a full-time occupation and is remunerated as such. Accepting additional payment for doing anything that could be regarded as part of the job is not appropriate.
Speaking and appearances
- Speaking at events about council policies and plans is part of the mayoral role.
- The mayor should not accept or expect payment for these appearances.
The mayor should take care before accepting any fees related to non-mayoral activities, as it could reflect on their mayoral role or give the perception of a conflict of interest.
Business and endorsements
The mayor should not be involved in any day-to-day business operations or management. It is acceptable to retain a business, keep professional partnerships, renew practising certificates or advise on personal matters like family trusts, provided there are no conflicts.
All elected members should take care before endorsing products or services or allowing their presence to imply endorsement.
For more information on elected members’ conduct requirements, visit Elected members' conduct.
Remuneration
The mayor’s salary, allowances and expenses are set annually by the Remuneration Authority [11].
The mayor’s office manages this relationship, while the Governance and Engagement Department liaises with the authority when it comes to determining elected members salaries and allowances. The Governance and Engagement Department and the mayor’s office should coordinate the approach to ensure consistency.
Footnotes
[1] Local Government Act 2002, s 15(a).
[2] Code of Conduct, cl 8.8.
[3] Members Interests Act, s 8. The Auditor-General has a specific role in administering the Members Interests Act relating to financial interest but may also report on non-financial interests.
[4] Public Audit Act 2001, a 18.
[5] Local Government Act 2002, s 48.
[6] Conflict of Interest Policy, cl 10.14.
[7] Code of Conduct, cl 10.8, 10.9.
[8] Civic Gifts Policy.
[9] Local Government Act Schedule 7, Clause 14.
[10] Local Government Act 2002, Section 13(a)(1).
[11] Local Government Act 2002, Sch 7, cl 6.