4.1.3 The mayor's governance relationships
The mayor’s relationship with other elected members is often described as ‘first among equals’. While the mayor holds a leadership position, the legal and democratic responsibility for the council’s governance is shared between the Governing Body and local boards [1]. The mayor chairs the Governing Body but is not a member of any local board and does not possess executive powers to override decisions made by the Governing Body or local boards.
Leadership and influence
As the elected leader, the mayor plays a key role in maintaining and coordinating the council’s governance, and the relationship between the governing body and local boards. The mayor can use leadership and influencing powers to get support from elected members to achieve objectives aligned with their vision for Auckland [2].
Read more about the mayor’s relationship with:
The Governing Body
The mayor holds several formal roles and powers, including:
- chairing the Governing Body
- being a member of all committees
- appointing the deputy mayor, committees, and committee chairs
- leading the development of the council’s plans, policies, and budgets for consideration by the governing body.
The mayor must exercise all powers lawfully, fairly and in line with democratic principles [3]. They can use their mayoral powers to encourage other Governing Body members to support initiatives that align with their vision for Auckland, such as backing specific proposals or votes [4].
Representation and Communication
As the leader of the Governing Body, the mayor represents and communicates the official position of the Governing Body both internally and externally. The mayor may also delegate this responsibility to the relevant committee chair when appropriate.
For more information, visit Governing Body powers and functions.
Upholding conduct standards of elected members
The mayor has a broad role – and a particular interest in – the integrity and conduct of elected members generally but does not have a formal role or powers in this area. However, the mayor does have a specific role in upholding conduct and integrity during Governing Body meetings as its chair.
The mayor may respond to conduct issues by:
- making formal complaints to the chief executive about code of conduct breaches [5]
- referring matters to the Auditor-General if they relate to conflicts of interests (including financial interests) [6], misuse of resources [7] or the council suffering financial loss or damage [8].
Disciplinary powers
In response to code of conduct breaches, or other inappropriate conduct, the mayor may:
- remove an elected member from any Governing Body committee, subcommittee (including the chair) or deputy mayor role [9]
- censure the member publicly or recommend the Governing Body do so.
These actions should follow the formal process outlined in the Code of Conduct [10] and observe natural justice principles, particularly when the mayor exercises these powers unilaterally.
The mayor must conduct Governing Body meetings according to Standing Orders and may raise persistent non-attendance as a breach of the code [11] by making a formal complaint to the chief executive [12].
For more information, visit Elected members’ conduct.
Local boards
The mayor plays an important role in maintaining a cooperative relationship between the Governing Body and local boards.
Local board chairs are responsible for running local board meetings according to their standing orders or adopted meeting procedures [13]. The mayor cannot be a member of any local board and does not have the right to participate in their decision-making, such as voting at their meetings. The mayor also cannot direct a local board in exercising its functions. However, the mayor may:
- attend and speak at local board meetings with the chair’s permission
- represent the Governing Body in discussions with local boards, including on local board agreements and plans. Governing Body members who represent the area will generally also be involved.
Articulating a vision for Auckland
In promoting a vision for Auckland [14], the mayor may speak on behalf of the council’s governance arm on matters involving both the Governing Body and local boards. By convention, the mayor respects the local board chair’s role in representing local perspectives. Both should present a consistent position whenever possible, although the mayor may take a broader, Auckland-wide focus.
Local board participation in Governing Body meetings
The mayor controls how local boards participate in Governing Body meetings [15] but must allow local board chairs (or nominees) to speak on agenda items affecting their communities [16]. Local boards may also provide general input near the beginning of public Governing Body meetings with at least one day's notice [17].
The mayor can grant local board chairs speaking rights on specific agenda items and may waive the one-day notice requirement [18]. The mayor ensures local board chairs follow standing orders on what topics they can speak on and how they should conduct themselves during Governing Body meetings [19].
For more information, read Local boards.
The chief executive
The mayor leads the council’s governance arm; the chief executive leads operations. It is critical the mayor maintains the integrity of institutional boundaries and respects the impartiality and professionalism of council staff.
- Elected members, including the mayor, are responsible for governance and setting council policies. This includes making appropriate delegations to the chief executive.
- The chief executive is responsible for the council’s administration, operations and service delivery.
The chief executive:
- is appointed by, and responsible to, the Governing Body [20]
- employs all council staff [21]
- implements Governing Body and local board decisions
- provides advice to the Governing Body and local boards [22].
Working relationship
The relationship between the mayor and the chief executive is significant and managed largely by convention. The style and frequency of contact develops according to the mayor’s preferences, but is governed by the following principles:
- The council operates effectively if the mayor and chief executive maintain a close working relationship based on mutual recognition of respective roles, dialogue and cooperation.
- The mayor cannot direct the chief executive in performing their functions, except regarding the establishment of the Office of the Mayor [23]. But the mayor can represent the governance arm’s position to the chief executive, including decisions the chief executive must implement, and discuss governance issues.
- The relationship between the two is not a relationship of direct employment. The chief executive’s performance is the responsibility of the governing body or appropriate committee [24].
- The mayor may informally raise performance-related issues with the chief executive, including concerns raised by other elected members [25].
- Council staff are expected to cooperate with and assist the mayor on matters directly concerning the mayoral role.
- The chief executive should follow a "no surprises" principle by informing the mayor (and other elected members when appropriate) promptly about significant operational or service delivery matters—especially those likely to be controversial or become the subject of public debate.
- The chief executive may discuss advice intended for the governing body or local boards with the mayor.
- The chief executive should use judgment when deciding whether to inform the mayor about matters under their statutory or delegated responsibility, particularly in regulatory matters.
- Both the mayor and the chief executive should maintain the independence and professionalism of the chief executive's or their staff’s decision-making process.
- The mayor and chief executive should have a clear understanding of who is responsible for media or public comment on specific issues.
The mayor’s chief of staff and office facilitates the relationship between the mayor and the chief executive.
If the chief executive has concerns about the conduct of the mayor or other elected members, they may file a complaint alleging a breach of the code of conduct [26].
For more information, read The chief executive.
Council staff
The chief executive is the main contact between the mayor and council staff. The mayor has a duty to maintain the integrity of the council’s institutional boundaries and respect the chief executive’s role as the employer. The mayor must avoid compromising staff impartiality. On a day-to-day basis:
- the mayor and their office interact with relevant senior staff to get necessary information or advice
- the chief executive and mayor’s chief of staff agree on contact protocols
- staff and the mayor’s office keep the chief executive informed, in general terms, of their interactions to keep clear lines of accountability between the mayor and chief executive.
Ongoing discussions between the mayor and senior staff about council strategy, capability and performance are likely to be beneficial, especially where it relates to the mayor’s role, such as in the annual plan.
What the mayor can’t do
The mayor should bear in mind that they have the capacity to exercise considerable influence over council staff. The mayor should not:
- direct staff in relation to their day-to-day work
- inappropriately influence staff or become involved in matters that are not their responsibility
- undermine the chief executive in the performance of their role
- publicly criticise staff or compromise their impartiality
- raise concerns about staff performance with anyone other than the chief executive.
These standards also apply to all elected members.
Houkura (Independent Māori Statutory Board)
The mayor should work with Houkura to ensure the input of mana whenua and mataawaka is reflected in the council’s strategies, policies, plans, budgets [27] and in establishing processes for engaging with Aucklanders [28].
The mayor also:
- maintains a professional relationship with Houkura
- may facilitate Houkura’s interaction with the Governing Body
- ensures the council fulfils its duties to Houkura [29]
- consults Houkura when exercising mayoral powers that affect mana whenua and mataawaka [30].
The style and frequency of contact between the mayor and Houkura may evolve based on mutual preferences.
The mayor represents the governance arm of the council to mana whenua and mataawaka groups, performing this role in a manner that reflects the mayor's status as the council's leader.
For more information, visit Houkura (Independent Māori Statutory Board).
Council-controlled organisations (CCOs)
The Governing Body is responsible for the council’s decision-making regarding the governance of CCOs [31], including:
- establishing CCOs and their constitutions [32]
- appointing directors [33]
- setting expectations and receiving statements of intent [34]
- undertaking performance monitoring [35]
- receiving half-yearly and annual reports [36].
For substantive CCOs, the Governing Body also specifies expectations, reporting, planning, and other accountability requirements [37]. A substantive CCO is one that is either responsible for the delivery of a significant service or activity on behalf of Auckland Council or owns or manages assets with a value of more than $10 million.
The council is the shareholder of the CCOs but cannot direct them in their operational decision-making [38].
Mayoral role
The mayor plays an important role in maintaining the Governing Body’s governance relationship with CCOs. This includes representing the Governing Body to CCO chairs and directors concerning the council’s governance, such as statements of intent or other reporting and accountability requirements. In this capacity, the mayor may maintain a relationship with a CCO’s chair or directors.
The mayor’s and Governing Body’s relationships with CCOs focus on governance and are distinct from the operational and regulatory relationships the chief executive and staff may have with the same CCOs. It is important for the mayor, Governing Body, and chief executive to be mindful of these distinctions.
Appointment of CCO directors
Director appointments follow the Appointment and remuneration policy for board members of council organisations. The mayor may nominate potential directors for consideration by a selection panel [39].
The selection panel includes:
- the mayor or their representative
- the council chief executive or their representative
- the relevant CCO board chair
- one Houkura member
- up to two councillors appointed by the Governing Body’s CCO committee [40].
The Governing Body CCO committee ultimately confirms director appointments according to its delegations and its established processes.
In some cases, the mayor has the legal authority to directly appoint members to council-controlled organisations (CCOs). However, by convention, the mayor makes these appointments based on advice from the Governing Body or its CCO committee when acting on behalf of the council [41].
Visit Council-controlled organisations (CCOs) and other council group entities for more information.
Footnotes
[1] Local Government (Auckland Council) Act 2009, s 14(2); Local Government Act 2002, Sch 7, cl 24.
[2] Local Government (Auckland Council) Act 2009 s 9(1).
[3] Sir Robin Cooke “Third Thoughts on Administrative Law” [1979] Recent Law 218 at 225; Sir Robin Cooke “The Struggle for Simplicity in Administrative Law” in M Taggart (ed) Judicial Review of Administrative Action in the 1980s: Problems and Prospects (Oxford University Press, Auckland, 1986) at 5; New Zealand Fishing Industry Assoc Inc v Minister of Agriculture and Fisheries [1988] 1 NZLR 544 (CA) at 552.
[4] Local Government (Auckland Council) Act 2009 s 9(1).
[5] Code of Conduct, cl 8.2.
[6] 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.
[7] Public Audit Act 2001, a 18.
[8] Local Government Act 2002, s 48.
[9] Local Government (Auckland Council) Act 2009 s 9(3)(b),(c) and (d); and Interpretation Act 1999, s 12. It is also notable that the governing ody itself may appoint and remove elected members from governing body committees. Local Government Act 2002 Sch 7 cl 31.
[10] Code of conduct complaints are dealt with initially by the chief executive, then a panel, followed (potentially) by the governing body or member’s local board. cl 8.
[11] Standing Orders 7.9.2.
[12] Code of Conduct, cl 8.2.
[13] Local Boards have their own standing orders: Local Government (Auckland Council) Act 2009, s 29; Local Government Act 2002, Sch7, cl27.
[14] Local Government (Auckland Council) Act 2009 s 9(1).
[15] Local Government (Auckland Council) Act 2009, s 29; Local Government Act 2002, Sch7, cl27.
[16] Standing Orders 6.1.
[17] Standing Orders 6.2.1.
[18] Local Government Act 2002, sch 7, cls 16, 27. Standing Orders 1.2.4, 1.7.5, 6.2.2.
[19] Standing Orders 6.2.3.
[20] Local Government Act 2002, s 42(1), Sch 7 cls 33-35.
[21] Local Government Act 2002, s 42(2)(g).
[22] Local Government Act 2002, s 42(2)(a), 42(2A).
[23] Local Government (Auckland Council) Act 2009, Section 9(3)(e) and (4).
[24] Local Government Act 2002, s 42(1), Sch 7 cls 33-35.
[25] Code of Conduct, cl 7.2.
[26] Code of Conduct for Elected Members, cl 6.3.2.
[27] Local Government (Auckland Council) Act 2009 s 9(2)(a).
[28] Local Government (Auckland Council) Act 2009 s 9(3)(a).
[29] Local Government (Auckland Council) Act 2009, s 88.
[30] Local Government (Auckland Council) Act 2009, s 88(b).
[31] Local Government (Auckland Council) Act 2009, s15(1)(ca).
[32] Local Government Act 2002, s 56.
[33] Local Government Act 2002, s 57.
[34] Local Government Act 2002, s 64.
[35] Local Government Act 2002, s 65.
[36] Local Government Act 2002, ss 66, 67.
[37] Local Government (Auckland Council) Act 2009, ss 90, 91.
[38] Local Government Act 2002, s 60.
[39] Appointment and Remuneration Policy for Boards Members of Council Organisations cl 4.4.2.
[40] Appointment and Remuneration Policy for Boards Members of Council Organisations, cl 8.1.
[41] Appointment and Remuneration Policy for Boards Members of Council Organisations cl 4.4.2.