4.1.1 The mayor's role and powers
Overview
The Mayor of Auckland is elected by the public to lead the council and chair the Governing Body [1]. The role is defined in law but has also developed through convention. Each mayor may interpret and perform the role differently.
To perform the role, the mayor is supported by dedicated staff and resources and has specific legal powers. While the mayor has significant leadership and influencing responsibilities, formal decision-making rests with the Governing Body and local boards [2][3]. The mayor cannot override decisions made by the Governing Body or local boards.
Promoting a vision for Auckland
The mayor’s primary role under the Local Government (Auckland Council) Act 2009 is to promote a vision for Auckland and provide leadership to achieve that vision [4]. This role applies both within the council and in the public sphere.
One way the mayor promotes Auckland’s vision is by leading the development of strategic documents such as the Auckland Plan [5].
Developing plans, policies and budgets
The mayor leads the development of the council’s plans, policies and budgets for the Governing Body to consider [6]. This includes:
- long-term and annual plans
- council-wide policies
- budget proposals.
The mayor can propose draft plans both before and after consultation and may also lead the consultation process. The mayor can decide who to involve in developing proposals, and may:
- work with council staff or the Office of the Mayor
- commission independent advice.
Generally, these proposals must be adopted by a majority vote of the Governing Body. The Governing Body may also amend the mayor’s proposals [7]. The mayor may use their leadership role and procedural powers as chair of the Governing Body to influence the council’s plans, policies and budgets. But they do not have executive powers to make these decisions instead of the Governing Body, nor the power to prevent (or veto) Governing Body decisions.
Public engagement
The mayor is responsible for ensuring effective engagement between the council and Aucklanders, including those too young to vote [8].
To support this role, the mayor can establish or disestablish processes for engagement [9], such as:
- advisory panels
- boards or reference groups [10]
- mechanisms for direct public interaction.
The mayor can also initiate consultation on important matters. Formal statutory consultation is usually managed by council staff, but the mayor may help shape major consultation processes.
Chairing Governing Body meetings
As chair of the Governing Body, the mayor:
- presides over meetings (unless the chair is vacated) [11]
- can vote on all matters and cast a deciding vote if there’s a tie [12]
- can participate in meeting discussions [13]
- ensures meetings follow Standing Orders [14]
- makes procedural rulings when required [15].
The mayor must conduct meetings fairly and lawfully and cannot block council business or veto decisions [16]. The mayor may also enable input from local boards and the public, when relevant to the meeting [17].
Appointments and committees
The mayor may:
- appoint the deputy mayor
- establish Governing Body committees
- appoint chairs and members to those committees [18]
- disestablish committees [19].
The mayor can also determine a committee’s name and terms of reference [20].
The Governing Body cannot override the mayor’s decisions or committee appointments but may appoint or discharge members by majority vote [21] [22]. Any delegation of powers to committees must be made by the Governing Body [23].
In practice, these arrangements are generally agreed through cooperation between the mayor and Governing Body.
The mayor is automatically a member of all Governing Body committees [24].
Office of the Mayor
The mayor may set up an Office of the Mayor with support staff to help them perform their role. This office is funded at no less than 0.2 per cent of the council’s operating expenditure (as set out in the Annual Plan) [25]. The mayor must work through the chief executive when establishing or maintaining this office.
For more information, visit Office of the Mayor.
Representation and public role
The mayor is the council’s primary public representative and also a representative of the region in some contexts. This includes:
- attending public events and ceremonies
- representing the council to central government, Local Government New Zealand, iwi, and foreign delegations and organisations
- participating in international mayoral forums and city partnerships.
The mayor may delegate representation responsibilities to others, such as elected members. It is not appropriate for elected members to usurp the mayor’s public representative role without the mayor’s agreement [26].
The mayor is also the spokesperson for the Governing Body. However, if decision-making on a matter is delegated to a committee, then the committee chair will act as spokesperson. When the mayor is absent, media matters will be referred to the deputy mayor, relevant committee chair or local board chair, as set out in the code of conduct.
The mayor’s role as the council’s leader and representative is distinct from their own political views and they should clarify whether they are speaking in an official capacity or expressing a personal view.
- The mayor also plays a key role in maintaining relationships with:
- council-controlled organisations (CCOs)
- Houkura.
The mayor may take on other responsibilities consistent with their role, including any functions delegated by the Governing Body.
Emergency management powers
The mayor has a key planning and response role in emergencies under the Civil Defence Emergency Management Act 2002, including:
- declaring a state of local emergency for Auckland
- providing leadership in responding to emergencies
- representing the council (or delegating representation) on the Civil Defence Emergency Management group comprising council, emergency services, and other public organisations set up by legislation to deliver effective civil defence emergency management within the region [27].
The mayor (or their delegate) represents the council on the Auckland Civil Defence Emergency Management Group. This group includes emergency services and public organisations. It was set up by legislation to deliver effective emergency management within the region and coordinate preparedness and response [28].
Election and tenure
The mayor is elected by Aucklanders in local body elections every three years [29]. The term begins the day after public notice of the official election result [30]. The previous mayor’s term ends on the same day.
A vacancy may occur if the mayor:
- resigns
- dies
- is disqualified due to conviction of a serious offence carrying a maximum penalty of more than two years imprisonment
- is disqualified for registration as an elector under the Electoral Act 1993 [31]
- misses four consecutive ordinary meetings of the Governing Body without leave [32].
Vacancies are filled by either a by-election or an appointment by the Governing Body, depending on the time left in the term [33].
The mayor cannot be removed from office by the Governing Body.
Delegations and non-delegable powers
The mayor holds specific responsibilities that cannot be delegated to others. These non-delegable powers are set out in legislation and include:
- establishing processes for the council to engage with Aucklanders
- appointing the deputy mayor
- establishing Governing Body committees and appointing their chairs
- establishing the Office of the Mayor [34]
These restrictions do not apply to the deputy mayor:
- during a temporary absence, if the mayor provides written consent for the deputy mayor to perform these duties [35]
- if the office of mayor is vacant [36]
- if the mayor is unable to perform the role for any of the reasons set out in Election and tenure.
The mayor may delegate other responsibilities that are not restricted by law, council bylaws, policies, standing orders or resolutions.
The mayor must chair Governing Body meetings they attend unless they specifically vacate the chair [37].
Footnotes
[1] Local Government Act 2002 sch 7, cl 26.
[2] Local Government (Auckland Council) Act, s 14(2); Local Government Act 2002, sch 7, cl 24.
[3] Local Government Act 2002 sch 7 cl 26.
[4] Local Government (Auckland Council) Act 2009 s 9(1).
[5] Local Government (Auckland Council) Act 2009 ss (9)(2)(a), 79.
[6] Local Government (Auckland Council) Act 2009 s 9(2)(a).
[7] Local Government (Auckland Council) Act 2009 s 15(1)(c) and (d); Local Government Act 2002, ss 93, 95,,sch 7 cl 24.
[8] Local Government (Auckland Council) Act 2009 s 9(2)(b).
[9] Local Government (Auckland Council) Act 2009 s 9(3)(a).
[10] Local Government (Auckland Council) Act 2009 s 9 (3)(a); Local Government (Auckland Transitional Provisions) Act 2010 ss 86(1) and (5).
[11] Local Government Act 2002 sch 7 cl 26.
[12] Standing Orders 1.8.2. (Clause 24(4)(b), Schedule 7, Local Government Act 2002).
[13] There is no requirement of chair-neutrality in the legislation or standing orders.
[14] Local Government Act 2002, sch 7, cls 16, 27. Standing Orders 1.2.4, 1.7.5.
[15] Local Government Act 2002, sch 7, cl 16.
[16] See Mayor of Dannevirke v Ries (1908) 27 NZLR 751 (SC); Wishart v Henneberry (1962) 3 FLR 171.
[17] Standing Orders 2.4.2 and Standing Orders 6.
[18] Local Government (Auckland Council) Act 2009 s 9(3)(b),(c) and (d).
[19] Interpretation Act 1999 s 12.
[20] The Mayor has a specific statutory power to appoint committee chairs. Local Government (Auckland Council) Act 2009 s 9(3)(d).
[21] Local Government (Auckland Council) Act 2009 s 9(3)(c) and 9(7)(c), Local Government Act 2002 Sch 7 cl 30.
[22] Local Government (Auckland Council) Act 2009 s 9, Local Government Act 2002 Sch 7 cl 31.
[23] Local Government Act 2002 Sch 7 cl 32.
[24] Local Government (Auckland Council) Act 2009 s 9(6).
[25] Local Government (Auckland Council) Act 2009 s 9(3)(e).
[26] Code of Conduct, cl 7.5.
[27] Civil Defence Emergency Management Act 2002 s 25(5).
[28] Civil Defence Emergency Management Act 2002 s 13(4).
[29] Local Government (Auckland Council) Act 2009 s 8 and Local Electoral Act 2001 s 10.
[30] Local Electoral Act 2001 s 115.
[31] Local Government Act 2002 sch 7 cl 1; Electoral Act 1993, s 80.
[32] Local Government Act 2002 sch 7 cl 5.
[33] Local Government Act 2002 sch 7, cl 5. Local Electoral Act 2001 ss 117 - 120.
[34] Local Government (Auckland Council) Act 2009 s 9(5).
[35] Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a); Local Government Act 2002 sch 7 cls 17, 2
[36] Clause 17(3)(a), Schedule 7, Local Government Act 2002.
[37 Local Government Act 2002, Sch 7 cl 17(3)(b) and (c)