4.10 Footnotes
4.1.1 Leading and influencing the council’s work
[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.
4.1.2 Leading the development of council plans, policies and budgets
[1] Local Government (Auckland Council) Act 2009 s 9(2)(a).
[2] Local Government (Auckland Council) Act 2009 s 15(1)(c) and (d); Local Government Act 2002, ss 93, 95,,sch 7 cl 24.
4.1.3 Ensuring effective engagement with the people of Auckland
[1] Local Government (Auckland Council) Act 2009 s 9(2)(b).
[2] Local Government (Auckland Council) Act 2009 s 9(3)(a).
[3] Local Government (Auckland Council) Act 2009 s 9 (3)(a); Local Government (Auckland Transitional Provisions) Act 2010 ss 86(1) and (5).
4.1.4 Leading and chairing the governing body
[1] Local Government Act 2002 sch 7 cl 26.
[2] Standing Orders 1.8.2. (Clause 24(4)(b), Schedule 7, Local Government Act 2002).
[3] There is no requirement of chair-neutrality in the legislation or standing orders.
[4] Local Government Act 2002, sch 7, cls 16, 27. Standing Orders 1.2.4, 1.7.5.
[5] Local Government Act 2002, sch 7, cl 16.
[6] See Mayor of Dannevirke v Ries (1908) 27 NZLR 751 (SC); Wishart v Henneberry (1962) 3 FLR 171.
[7] Standing Orders 2.4.2 and Standing Orders 6.
4.1.5 Appointing the deputy mayor, governing body committees and establishing an office
[1] Local Government (Auckland Council) Act 2009 s 9(3)(b),(c) and (d).
[2] The Mayor has a specific statutory power to appoint committee chairs. Local Government (Auckland Council) Act 2009 s 9(3)(d).
[3] Interpretation Act 1999 s 12.
[4] Local Government (Auckland Council) Act 2009 s 9(3)(c) and 9(7)(c), Local Government Act 2002 Sch 7 cl 30.
[5] Local Government (Auckland Council) Act 2009 s 9, Local Government Act 2002 Sch 7 cl 31.
[6] Local Government Act 2002 Sch 7 cl 32.
[7] Local Government (Auckland Council) Act 2009 s 9(6).
[8] Local Government (Auckland Council) Act 2009 s 9(3)(e).
4.1.6 Representing and speaking for the council
[1] Code of Conduct, cl 7.5.
4.1.7 Exercising civil defence and emergency management powers
[1] Civil Defence Emergency Management Act 2002 s 25(5).
[2] Civil Defence Emergency Management Act 2002 s 13(4).
[1] Local Government (Auckland Council) Act 2009 s 8 and Local Electoral Act 2001 s 10.
[2] Local Electoral Act 2001 s 115.
[3] Local Government Act 2002 sch 7 cl 1; Electoral Act 1993, s 80.
[4] Local Government Act 2002 sch 7 cl 5.
[5] Local Government Act 2002 sch 7, cl 5. Local Electoral Act 2001 ss 117 - 120.
4.2.1 Appointment, resignation and removal
[1] Local Government (Auckland Council) Act 2009 s 9(3)(b).
[2] Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a). Local Government Act 2002 sch 7 cls 17, 25.
[3] Interpretation Act 1999 s 12.
[4] Local Government Act 2002 Sch 7 cl 18. Local Government Act 2002, s 41A(4)
[5] Interpretation Act 1999 s 16; Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a); Local Government Act 2002 sch 7 cls 17, 25.
4.2.2 Performing the role of the mayor in some circumstances
[1] Clause 17(3)(a), Schedule 7, Local Government Act 2002.
[2] Local Government Act 2002, Sch 7 cl 17(3)(b) and (c).
4.3.1 Non-delegable and delegable powers
[1] Local Government (Auckland Council) Act 2009 s 9(5).
[2] Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a); Local Government Act 2002 sch 7 cls 17, 2
[3] Clause 17(3)(a), Schedule 7, Local Government Act 2002.
[4] Local Government Act 2002, Sch 7 cl 17(3)(b) and (c) .
[5] Local Government (Auckland Council) Act 2009 s 9(5).
4.4.1 General overview – the mayor as “first among equals”
[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).
4.4.2 The mayor’s relationship with the governing body
[1] 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.
[2] Local Government (Auckland Council) Act 2009 s 9(1).
4.4.3 The mayor’s relationship with local boards
[1] Local Boards have their own standing orders: Local Government (Auckland Council) Act 2009, s 29; Local Government Act 2002, Sch7, cl27.
[2] Local Government (Auckland Council) Act 2009 s 9(1).
[3] Local Government (Auckland Council) Act 2009, s 29; Local Government Act 2002, Sch7, cl27.
[4] Standing Orders 6.1.
[5] Standing Orders 6.2.1.
[6] Local Government Act 2002, sch 7, cls 16, 27. Standing Orders 1.2.4, 1.7.5, 6.2.2.
[7] Standing Orders 6.2.3.
[8] Local Government (Auckland Council) Act 2009 s 9(1).
4.4.4 The mayor’s role in relation to the conduct of elected members
[1] Code of Conduct, cl 8.2.
[2] 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.
[3] Public Audit Act 2001, a 18.
[4] Local Government Act 2002, s 48.
[5] 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.
[6] Local Government Act 2002, Sch 7
[7] 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.
[8] Standing Orders 7.9.2.
[9] Code of Conduct, cl 8.2.
4.5.2 The mayor and 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] Local Government (Auckland Council) Act 2009,Section 9(3)(e) and (4).
[5] Local Government Act 2002, s 42(1), Sch 7 cls 33-35.
[6] Code of Conduct, cl 7.2.
[7] Code of Conduct for Elected Members, cl 6.3.2.
4.6 The mayor’s relationship with IMSB and Māori
[1] Local Government (Auckland Council) Act 2009, s 88.
[2] Local Government (Auckland Council) Act 2009, s 88(b).
[4] Local Government (Auckland Council) Act 2009 s 9(2)(a).
[5] Local Government (Auckland Council) Act 2009 s 9(3)(a).
4.7.1 The mayor’s role in the council’s governance relationship with CCOs
[1] Local Government (Auckland Council) Act 2009, s15(1)(ca).
[2] Local Government Act 2002, s 56.
[3] Local Government Act 2002, s 57.
[4] Local Government Act 2002, s 64.
[5] Local Government Act 2002, s 65.
[6] Local Government Act 2002, ss 66, 67.
[7] Local Government (Auckland Council) Act 2009, ss 90, 91.
[8] Local Government Act 2002, s 60.
4.7.2 The mayor’s role in appointment of CCO directors
[1] Appointment and Remuneration Policy for Boards Members of Council Organisations cl 4.4.2.
[2] Appointment and Remuneration Policy for Boards Members of Council Organisations cl 4.4.2.
[3] Appointment and Remuneration Policy for Boards Members of Council Organisations, cl 8.1.
4.8.1 General expectations of mayoral conduct
[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.
[1] Conflict of Interest Policy, cl 10.14.
[2] Code of Conduct, cl 10.8, 10.9.
[3] Civic Gifts Policy.
[4] Local Government Act Schedule 7, Clause 14.
[5] Local Government Act 2002, Section 13(a)(1).
[1] Local Government Act 2002, Sch 7, cl 6.
4.9.1 Establishing the Office of the Mayor
[1] Local Government (Auckland Council) Act 2009, s 9(3)(e) and (4).
[2] Local Government (Auckland Council) Act 2009 s 9(3)(e) and (4).
[1] Local Government (Auckland Council) Act 2009 s 9(3)(e) and (4).
4.9.4 Relationships with the chief executive, staff and other elected members'
[1] Local Government (Auckland Council) Act 2009 Section 9(3)(e) and (4).
[2] Local Government Act 2002 s 42(2)(g).
4.9.5 Official information held by the mayor’s office
[1] Local Government Official Information and Meetings Act 1987, s2, definition of official information.
[2] There is no exception in LGOIMA relating to political information.
[3] Local Government Official Information and Meetings Act 1987, s7(2)(a), (c), (f).
[4] Local Government Official Information and Meetings Act 1987, s2, definition of official information.
Key Documents
Appointment and Remuneration Policy for Boards Members of Council Organisation
Civil Defence Emergency Management Act 2002
Code of conduct for elected members
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 Government (Rating) Act 2002
Local Government (Auckland Council) Act 2009
Local Government Official Information and Meetings Act 1987