|
Attachment 1 |
Hutt City Council Standing Orders 2016-2019 - 22 December 2016 |
Hutt City Council Standing Orders
Adopted by Council on 15 December 2016
Preface
Standing orders contain rules for the conduct of the proceedings of local authorities, committees, subcommittees and subordinate decision-making bodies, and local and community boards. Their purpose is to enable local authorities to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner.
In doing so the application of standing orders contributes to greater public confidence in the quality of local governance and democracy in general.
These standing orders have been designed specifically for local authorities, their committees, subcommittees and subordinate decision-making bodies, and local and community boards. They fulfil the requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 with regard to the conduct of meetings.
Please note standing orders do not apply to advisory bodies or workshops unless incorporated in their specific terms of reference.
It is mandatory that councils adopt standing order for the conduct of their meetings and the meetings of any subordinate bodies, such as committees and subcommittees (see cl. 27 Schedule 7 of the Local Government Act 2002).
For clarity’s sake whenever a question about the interpretation or application of these standing orders is raised, particularly where a matter might not be directly provided for, it is the responsibility of the Chair of each meeting to make a ruling.
All members of a local authority must abide by standing orders.
Copyright Notice:
The Hutt City Council (Council) has been granted a royalty-free, non-exclusive, non-transferable and revocable licence to:
· amend the standing orders (Amended Standing Orders) so that they are suitable for the Council’s specific context and needs;
· copy the Amended Standing Orders for use by the Council’s employees and elected members and the public; and
· place the Amended Standing Orders on the Council or public website.
The Council will not supply or make available to any third party a copy of the Guide, the Standing Orders or the Amended Standing Orders other than as permitted by this licence. All other rights are reserved by EquiP, the copyright owner, under the Copyright Act 1994. Any request to use the standing orders for purposes other than those described above should be made directly to EquiP.
EquiP has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.
Contents
1. Introduction
1.1 Principles
1.2 Statutory references
1.3 Acronyms
1.4 Application
2. Definitions
General matters
3. Standing orders
3.1 Obligation to adopt standing orders
3.2 Process for adoption and alteration of standing orders
3.3 Members must obey standing orders
3.4 Application of standing orders
3.5 Temporary suspension of standing orders
3.6 Quasi-judicial proceedings
3.7 Physical address of members
4. Meetings
4.1 Legal requirement to hold meetings
4.2 Meeting duration
4.3 Language
4.4 Webcasting meetings 20
4.5 First meeting (inaugural)
4.6 Requirements for the first meeting
5. Appointments and elections
5.1 Mayoral appointment of deputy Mayor, committee chairs and members
5.2 Council Discharge of a Mayoral Appointment
5.3 Establishment of committees by the Mayor
5.4 Elections of regional Chairs, deputy Mayors and deputy Chairs
5.5 Removal of a deputy Mayor
5.6 Voting system for chairs, deputy Mayors and committee chairs
6. Delegations
6.1 Limits on delegations
6.2 Committees may delegate 23
6.3 Use of delegated powers
6.4 Decisions made under delegated authority cannot be rescinded or amended 24
6.5 Committees and sub committees subject to the direction of the local authority
6.6 Duty to consider delegations to community boards
7. Committees
7.1 Appointment of committees and subcommittees
7.2 Discharge or reconstitution of committees and subcommittees
7.3 Appointment or discharge of committee members and subcommittee members 25
7.4 Elected members on committees and subcommittees
7.5 Local authority may replace members if committee not discharged
7.6 Membership of Mayor
7.7 Decision not invalid despite irregularity in membership
7.8 Appointment of joint committees
7.9 Status of joint committees
7.10 Power to appoint or discharge individual members of a joint committee
8. Use of common seal 27
8.1 Holding and applying common seal
8.2 Seal to be fixed by resolution
8.3 Local authority to set procedure
Pre-meeting
9. Giving notice
9.1 Public notice – ordinary meetings
9.2 Notice to members - ordinary meetings
9.3 Extraordinary meeting may be called
9.4 Notice to members - extraordinary meetings
9.5 Public notice - extraordinary meetings
9.6 Process for calling an extraordinary meeting at an earlier time
9.7 Notification of extraordinary meetings held at an earlier time
9.8 Chief executive may make other arrangements
9.9 Meetings not invalid
9.10 Resolutions passed at an extraordinary meeting
9.11 Meeting schedules
9.12 Non-receipt of notice to members
9.13 Meeting cancellations
10. Meeting agenda
10.1 Preparation of the agenda
10.2 Process for raising matters for a decision
10.3 Chief executive may delay or refuse request
10.4 Order of business
10.5 Chair’s recommendation
10.6 Chair’s report
10.7 Public availability of the agenda
10.8 Public inspection of agenda
10.9 Withdrawal of agenda items
10.10 Distribution of the agenda
10.11 Status of agenda
10.12 Items of business not on the agenda which cannot be delayed
10.13 Discussion of minor matters not on the agenda
10.14 Public excluded business on the agenda
10.15 Qualified privilege relating to agenda and minutes
Meeting Procedures
11. Quorum
11.1 Councils
11.2 Committees and subcommittees
11.3 Joint Committees
11.4 Requirement for a quorum
11.5 Meeting lapses where no quorum
11.6 Business from lapsed meetings
12. Public access and recording
12.1 Meetings open to the public
12.2 Grounds for removing the public
12.3 Local authority may record meetings
12.4 Recording of meetings by public
13. Attendance
13.1 Members right to attend meetings
13.2 Attendance when a committee is performing judicial or quasi-judicial functions
13.3 Leave of absence
13.4 Apologies
13.5 Recording apologies
13.6 Absent without leave
13.7 Right to attend by audio or audio visual link
13.8 Member’s status: quorum
13.9 Member’s status: voting
13.10 Chair’s duties
13.11 Conditions for attending by audio or audio visual link
13.12 Request to attend by audio or audio visual link
13.13 Chair may terminate link
13.14 Giving or showing a document
13.15 Link failure
13.16 Confidentiality
14. Chair’s role in meetings
14.1 Council meetings
14.2 Committee meetings
14.3 Addressing the Chair
14.4 Chair’s rulings
14.5 Chair standing
14.6 Member’s right to speak
14.7 Chair may prioritise speakers
15. Public Comment
15.1 Subjects of public comment
15.2 Time limits
15.3 Restrictions
15.4 Questions at public comment
15.5 No resolutions
16. Deputations
16.1 Time limits
16.2 Restrictions
16.3 Questions of a deputation
16.4 Resolutions
17. Petitions
17.1 Form of petitions
17.2 Petition presented by petitioner
17.3 Petition presented by member
18. Exclusion of public 43
18.1 Motions and resolutions to exclude the public
18.2 Specified people may remain
18.3 Public excluded items
18.4 Non-disclosure of information
18.5 Release of information from public excluded session
19. Voting
19.1 Decisions by majority vote
19.2 Open voting
19.3 Chair has a casting vote
19.4 Method of voting
19.5 Calling for a division
19.6 Request to have votes recorded
19.7 Members may abstain
20. Conduct
20.1 Calling to order
20.2 Disrespect
20.3 Retractions and apologies
20.4 Disorderly conduct
20.5 Contempt
20.6 Removal from meeting
20.7 Financial conflicts of interests
20.8 Non-financial conflicts of interests
20.9 Qualified privilege for meeting proceedings
20.10 Qualified privilege additional to any other provisions
20.11 Electronic devices at meetings
21. General rules of debate
21.1 Chair may exercise discretion
21.2 Time limits on speakers
21.3 Questions to staff 48
21.4 Questions of clarification
21.5 Members may speak only once
21.6 Limits on number of speakers
21.7 Seconder may reserve speech
21.8 Speaking only to relevant matters
21.9 Restating motions
21.10 Criticism of resolutions
21.11 Objecting to words 49
21.12 Right of reply
21.13 No other member may speak
21.14 Adjournment motions 50
21.15 Chair’s acceptance of closure motions
21.16 Community Board and Youth Council participation in meetings of Council and Standing Committees
22. General procedures for speaking and moving motions
22.1 Options for speaking and moving
22.2 Option A
22.3 Option B
22.4 Option C
22.5 Procedure if no resolution reached
23. Motions and amendments
23.1 Proposing and seconding motions
23.2 Motions in writing 53
23.3 Motions expressed in parts
23.4 Substituted motion 53
23.5 Amendments to be relevant and not direct negatives
23.6 Foreshadowed amendments
23.7 Lost amendments
23.8 Carried amendments 54
23.9 Where a motion is lost
23.10 Withdrawal of motions and amendments
23.11 No speakers after reply or motion has been put
24. Revocation or alteration of resolutions
24.1 Member may move revocation of a decision
24.2 Revocation must be made by the body responsible for the decision
24.3 Requirement to give notice
24.4 Restrictions on actions under the affected resolution
24.5 Revocation or alteration by resolution at same meeting
24.6 Revocation or alteration by recommendation in report
25. Procedural motions 56
25.1 Procedural motions must be taken immediately
25.2 Procedural motions to close or adjourn a debate
25.3 Voting on procedural motions
25.4 Debate on adjourned items
25.5 Remaining business at adjourned meetings
25.6 Business referred to the council, committee or local or community board
25.7 Other types of procedural motions
26. Points of order
26.1 Members may raise points of order
26.2 Subjects for points of order
26.3 Contradictions
26.4 Point of order during division
26.5 Chair’s decision on points of order
27. Notices of motion
27.1 Notice of intended motion to be in writing
27.2 Refusal of notice of motion
27.3 Mover of notice of motion
27.4 Alteration of notice of motion
27.5 When notices of motion lapse
27.6 Referral of notices of motion
27.7 Repeat notices of motion
28. Minutes
28.1 Minutes to be evidence of proceedings
28.2 Matters recorded in minutes
28.3 No discussion on minutes
28.4 Minutes of last meeting before election
29. Minute books
29.1 Inspection
29.2 Inspection of public excluded matters
30. Provisions for Tangata Whenua
30.1 Application of term Tangata Whenua
30.2 Tangata Whenua representation at meetings
30.3 Tangata Whenua requests for items to be placed on agenda
30.4 Tangata Whenua representations on committees and subcommittees
30.5 Tangata Whenua speaking and voting rights at meeting
30.6 Status of resolutions passed with Tangata Whenua represented
30.7 Quorum at meetings with Tangata Whenua representation
30.8 Chair at meetings of Tangata Whenua represented
30.9 Application of standing orders to meetings with Tangata Whenua represented
30.10 Tangata Whenua speaking rights at Council meetings
31. Additional provisions for Te Taura Here O Te Awakairangi (referred hereafter as Taura Here)
31.1 Taura Here requests for items to be placed on agenda
31.2 Taura Here speaking rights at Council meetings
32. Questions
32.1 Question time at meetings
32.2 Members to try to obtain information prior to meetings
32.3 Questions to be in writing
32.4 Questions may be deferred
32.5 Questions to be concise
32.6 Questions to officers during debate
Referenced documents
Appendix 1: Grounds to exclude the public
Appendix 2: Sample resolution to exclude the public
Appendix 3: Motions and amendments (option A)
Motions and amendments (option B)
Motions and amendments (option C)
Appendix 4: Table of procedural motions
Appendix 5: Webcasting protocols
Appendix 6: Powers of a Chair
Appendix 7: Mayors’ powers to appoint under s.41A of LGA 2002
Appendix 8: Process for removing a Chair and deputy Mayor from office
Appendix 9: Workshops
Appendix 10:
Order of business for meetings of Council
Order of business for meetings of all committees and subcommittees
Order of business for meetings of community boards
Appendix 11: Process for raising matters for a decision
1. Introduction
These standing orders have been prepared to enable the orderly conduct of local authority meetings. They incorporate the legislative provisions relating to meetings, decision making and transparency. They also include practical guidance on how meetings should operate so that statutory provisions are complied with and the spirit of the legislation fulfilled.
To assist elected members and officials the document is structured in three parts:
· Part 1 deals with general matters
· Part 2 deals with pre-meeting procedures
· Part 3 deals with meeting procedures.
Following Part 3 the Appendices provide templates and additional guidance for implementing provisions within the standing orders. Please note; the Appendix is an attachment to the standing orders and not part of the standing orders themselves, consequently amendments to the Appendix do not require the agreement of 75% of those present. In addition the ‘Guide to Standing Orders’ provides additional advice for Chairs and staff on implementation of the standing orders and are not part of the standing orders.
1.1 Principles
Standing orders are part of the framework of processes and procedures designed to ensure that our system of local democracy and in particular decision-making within local government is transparent and accountable. They are designed to give effect to the principles of good governance, which include that a local authority should:
· conduct its business in an open, transparent and democratically accountable manner;
· give effect to its identified priorities and desired outcomes in an efficient and effective manner;
· make itself aware of, and have regard to, the views of all of its communities;
· take account, when making decisions, of the diversity of the community, its interests and the interests of future communities as well;
· ensure that any decisions made under these standing orders comply with the decision-making provisions of Part 6 of the LGA 2002; and
· ensure that decision-making procedures and practices meet the standards of natural justice.
These are reinforced by the requirement that all local authorities act so that “governance structures and processes are effective, open and transparent” (s. 39 LGA 2002).
1.2 Statutory references
The Standing Orders combine statutory provisions with guidance on their application. Where a statutory provision has been augmented with advice on how it might be implemented the advice (so as not to confuse it with the statutory obligation) is placed below the relevant legislative reference. In some cases the language in the statutory provision has been modernised for ease of interpretation or amended to ensure consistency with more recently enacted statutes.
It is important to note that during a meeting any statutory references in the standing orders apply throughout the period of the meeting, regardless of whether or not parts or all of the Standing Orders have been suspended. These provisions must also be carried through into any amendment of the standing orders that might be made. Please note, where it is employed the word ‘must’, unless otherwise stated, identifies a mandatory legislative requirement.
1.3 Acronyms
LGA 2002 Local Government Act 2002
LGOIMA Local Government Official Information and Meetings Act 1987
LAMIA Local Authority Members’ Interests Act 1968
1.4 Application
For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups.
2. Definitions
Adjournment means a break in the proceedings of a meeting. A meeting, or discussion on a particular business item, may be adjourned for a brief period, or to another date and time
Advisory group means a group of people convened by a local authority for the purpose of providing advice or information that is not a committee or subcommittee. These standing orders do not apply to such groups. This definition also applies to workshops, working parties, working group, panels, forums, portfolio groups, briefings and other similar bodies.
Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items in the order in which they will be considered. It is also referred to as an ‘order paper’.
Amendment means any change or proposed change to the original or substantive motion.
Audio link means facilities that enable audio communication between participants at a meeting when one or more of the participants is not physically present at the place of the meeting.
Audio visual link means facilities that enable audiovisual communication between participants at a meeting when one or more of them is not physically present at the place of the meeting.
Chair means the person presiding at a meeting – the presiding member.
Chief executive means the chief executive of a territorial authority or regional council appointed under section 42 of the LGA 2002, and includes, for the purposes of these standing orders, any other officer authorised by the local authority.
Clear working days means the number of working days (business hours) prescribed in these standing orders for giving notice and excludes the date of the meeting and date on which the notice is served.
Committee includes, in relation to a local authority:
(a) A committee comprising all the members of that authority;
(b) A standing committee or special committee appointed by that authority;
(c) A joint committee appointed under clause 30A of Schedule 7 of the LGA 2002; and
(d) Any subcommittee of a committee described in (a), (b) and (c) of this definition.
Community board means a community board established under s.49 of the LGA 2002.
Contempt means being disobedient to, or disrespectful of, the chair of a meeting, or disrespectful to any members, officers or the public.
Council means, in the context of these standing orders, the governing body of a local authority.
Deputation means a request from any person or group to make a presentation to the local authority which is approved by the Chair and which may be made in English, te reo Māori or New Zealand Sign Language.
Electronic link means both an audio and audio visual link.
Extraordinary meeting has the same meaning as defined in cl. 22 of Schedule 7 of the LGA 2002.
Foreshadowed motion means a motion that a member indicates their intention to move once the debate on a current motion or amendment is concluded.
Joint committee means a committee in which the members are appointed by more than one local authority in accordance with clause 30A of Schedule 7 of the LGA 2002.
Karakia timatanga means an opening prayer.
Karakia whakamutunga means a closing prayer.
Lawfully excluded means a member of a local authority who has been removed from a meeting due to behaviour that a Chair has ruled to be contempt.
Local authority means in the context of these standing orders a regional council or territorial authority, as defined in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate decision-making bodies established by the local authority.
Mayor means the Mayor of a territorial authority elected under the Local Electoral Act 2001.
Meeting means any first, inaugural, ordinary, or extraordinary meeting of a local authority, subordinate decision-making bodies and any community board of the local authority convened under the provisions of LGOIMA.
Member means any person elected or appointed to the local authority.
Mihi whakatau means a brief welcome typically delivered by one person without any further formalities.
Minutes means the record of the proceedings of any meeting of the local authority.
Motion means a formal proposal to a meeting.
Mover means the member who initiates a motion.
Newspaper means a periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publications; and this includes every publication that at any time accompanies and is distributed along with any newspaper.
Notice of motion means a motion given in writing by a member in advance of a meeting in accordance with, and as provided for, in these standing orders.
Open voting means voting that is conducted openly and in a transparent manner and may be conducted by electronic means. The result of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded.
Order paper means the list of items for consideration at a meeting together with reports and other attachments relating to those items set out in the order in which they will be considered. An order paper is also referred to as an agenda.
Ordinary meeting means any meeting, other than the first meeting, of a local authority publicly notified in accordance with sections 46(1) and (2) of LGOIMA.
Petition means a request to a local authority which contains at least 20 signatures.
Powhiri means a formal welcome involving a Karanga from the Tangata Whenua (the home people) followed by formal speech making. A Powhiri is generally used for formal occasions of the highest significance.
Presiding member means the person chairing a meeting – the Chair.
Procedural motion means a motion that is used to control the way in which a motion or the meeting is managed as specified in standing orders 25.1 – 25.7.
Public excluded information refers to information which is currently before a public excluded session, is proposed to be considered at a public excluded session, or had previously been considered at a public excluded session and not yet been released as publicly available information. It includes:
· any minutes (or portions of minutes) of public excluded sessions which have not been subsequently released by the local authority;
· any other information which has not been released by the local authority as publicly available information.
Public excluded session, also referred to as confidential or in-committee session, refers to those meetings or parts of meetings from which the public is excluded by the local authority as provided for in LGOIMA.
Public forum refers to a period set aside usually at the start of a meeting for the purpose of public input.
Publicly notified means notified to members of the public by a notice contained in a newspaper circulating in the district of the local authority, or where there is no such newspaper, by notice displayed in a public place. The notice may also be replicated on a council’s website.
Qualified privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.
Quasi-judicial means a meeting involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and/or the application of legal principles.
Quorum means the minimum number of members required to be present in order to constitute a valid meeting.
Regional Council Chair means the member of the governing body of a regional council elected as Chair of that regional council under cl.25 Schedule 7 LGA 2002.
Resolution means a motion that has been adopted by the meeting.
Right of reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. (The right can also apply to an amendment.)
Seconder means the member who seconds a motion.
Sub judice means under judicial consideration and therefore prohibited from public discussion elsewhere.
Subordinate decision-making body means committees, subcommittees, and any other bodies established by a local authority that have decision-making authority, but not local or community boards or joint committees.
Substantive motion means the original motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion incorporating any amendments adopted by the meeting.
Substantive resolution means the substantive motion that has been adopted by the meeting or a restatement of a resolution that has been voted on in parts.
Subcommittee means a subordinate decision-making body established by a council, or a committee of a council or community board. See definition of “Committee”.
Tangata Whenua in the context of these Standing Orders refers to Te Runanganui O Taranaki Whanui Ki Te Upoko O Te Ika A Maui, Wellington Tenths Trust and Te Tatau O Te Po and the Port Nicholson Block Settlement Trust.
Working day means any day of the week other than:
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day and, if Waitangi Day or Anzac Day falls on a weekend, the following Monday.
(b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
Should a local authority wish to meet between the 25th of December and the 15th day of January in the following year any meeting must be notified as an extraordinary meeting unless there is sufficient time to notify an ordinary meeting before the commencement of the period.
Working party means a group set up by a local authority to achieve a specific objective that is not a committee or subcommittee and to which these standing orders do not apply.
Workshop means in the context of these standing orders, a gathering of elected members for the purpose of considering matters of importance to the local authority at which no decisions are made and to which these standing orders do not apply. Workshops may include non-elected members. See definition of “advisory group”. Workshops are also described as briefings.
Youth Council means the youth forum which was established following a Council
resolution on 29 October 1997 and which has since adopted the title “Youth
Council” and developed terms of reference for its operation.
General matters
3. Standing orders
3.1 Obligation to adopt standing orders
A council is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Community boards must also adopt standing orders. Standing orders must not contravene any Act.
cl. 27(1) & (2), Schedule 7, LGA 2002.
3.2 Process for adoption and alteration of standing orders
The adoption of standing orders and any amendment to standing orders must be made by the Council and by a vote of not less than 75 % of the members present. Similarly, in the case of a local and community board the adoption of standing orders and any amendments also requires a vote of not less than 75% of the members of the specific board.
cl. 27(3) Schedule 7, LGA 2002.
3.3 Members must obey standing orders
All members of the local authority, including members of committees and subcommittees, must obey these standing orders. Community boards which have adopted these standing orders must also comply with them.
cl. 16(1) Schedule 7, LGA 2002.
3.4 Application of standing orders
These standing orders apply to all meetings of the local authority, its committees, subcommittees and subordinate decision-making bodies. They will also apply to any community boards unless stated otherwise. This includes meetings and parts of meetings that the public are excluded from.
3.5 Temporary suspension of standing orders
Any member of a council, committee, subcommittee and subordinate body, and local and community board, may move a motion to suspend standing orders at a meeting of which they are a member. Any such motion must also include the reason for the suspension. If seconded, the Chair must put the motion without debate and at least 75 per cent of the members present and voting must support the motion for it to be carried.
cl. 27(4), Schedule 7, LGA 2002.
A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.
3.6 Quasi-judicial proceedings
For quasi-judicial proceedings, the local authority or a local or community board may amend meeting procedures. For example, committees hearing applications under the RMA 1991 have additional powers under the Commissions of Inquiry Act 1908.
3.7 Physical address of members
Every member of a local authority and community board must give to the chief executive a physical residential or business address within the district or region of the local authority and, if desired, an electronic or other address, to which notices and material relating to meetings and local authority business may be sent or delivered. Members are to provide their address within 5 working days of the publication of the declaration of the election results.
4. Meetings
4.1 Legal requirement to hold meetings
The local authority must hold meetings for the good government of its city, district or region. The same requirement applies to community boards in respect of their communities. Meetings must be called and conducted in accordance with:
(a) Schedule 7 of the LGA 2002;
(b) Part 7 of LGOIMA; and
(c) These standing orders.
A meeting can be adjourned to a specified time and day if required by resolution of the meeting.
4.2 Meeting duration
A meeting cannot continue more than six hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting or transferred to an extraordinary meeting.
No meeting can sit for more than three hours continuously without a break of at least ten minutes unless the meeting resolves to extend the time before a break.
4.3 Language
A member may address a meeting in English, te reo Māori or New Zealand Sign Language. A Chair may require that a speech is translated and printed in English or te reo Māori.
If a member intends to address the meeting in New Zealand Sign Language, or in te reo Māori when the normal business of the meeting is conducted in English, they must give prior notice to the Chair not less than 2 working days before the meeting. Where the normal business of the meeting is conducted in te reo Māori then prior notice of the intention to address the meeting in English must also be given to the Chair not less than 2 working days before the meeting.
4.4 Webcasting meetings
Webcast meetings should be provided in accordance with the protocols contained in Appendix 5.
4.5 First meeting (inaugural)
The first meeting of a local authority following a local authority triennial general election must be called by the chief executive as soon as practicable after the results of the election are known. The chief executive must give elected members not less than 7 days’ notice of the meeting. However in the event of an emergency the chief executive may give notice of the meeting as soon as practicable.
cl. 21(1) - (4), Schedule 7, LGA 2002.
4.6 Requirements for the first meeting
The chief executive (or, in the absence of the chief executive, their nominee) must chair the first meeting until the Chair has made an oral declaration and attested the declaration.
(see cl. 21(4), Schedule 7 (LGA 2002)).
The business to be conducted at the first meeting following a general election must include the following:
(a) The making and attesting of the declarations required of the mayor (if any) and members under cl.14, Schedule 7, (LGA 2002), and
(b) The election of the Chair (if any) and the making and attesting of the declaration required of the Chair under cl. 14 Schedule7, (LGA 2002), and
(c) A general explanation, given or arranged by the chief executive, of:
i. LGOIMA; and
ii. Other laws affecting members, including the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013;
(d) The fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings; and
(e) The election of the deputy Mayor or deputy Chair in accordance with cl.17 Schedule7, (LGA 2002).
cl. 21(5), Schedule 7, LGA 2002.
It is common for councils to adopt standing orders at the first meeting; however, this is not always necessary as, if not amended, standing orders will remain in force after each triennial election.
Please note that the election of a deputy mayor is not required if the Mayor has already made the appointment under s. 41A (3)(a) of the LGA 2002 prior to the meeting. Nothing limits a territorial authority from removing a deputy Mayor from office in accordance with cl.18 of Schedule 7 LGA 2002.
5. Appointments and elections
5.1 Mayoral appointment of deputy Mayor, committee chairs and members
A Mayor may appoint the deputy Mayor, the Chair and the members of each committee of the territorial authority. The names of any appointments made by the Mayor must be tabled at the first meeting of the council after the appointments are made. The Mayor may also appoint him or her self.
s. 41A (3) LGA 2002.
5.2 Council Discharge of a Mayoral Appointment
Nothing, however, limits or prevents a territorial authority from discharging deputy Mayor, a Chair or a member of a committee appointed by the Mayor. Any decision by the territorial authority to discharge a deputy Mayor shall follow the procedure in Standing Order 5.5.
If the Mayor declines to appoint a deputy Mayor or committee Chairs in accordance with s.41A LGA 2002, the council (or a committee, if so directed by the council) must elect those positions in accordance with standing order 5.4.
cl. 31, Schedule 7 LGA 2002
5.3 Establishment of committees by the Mayor
The Mayor may establish committees of the territorial authority. Where a Mayor exercises this right a list of the committees and their terms of reference must be tabled at the next following meeting of the Council. Should the Mayor decline to establish committees under s. 41A then any decision to establish committees must follow the processes set out in these standing orders.
Nothing, however, limits or prevents a territorial authority from discharging or reconstituting, in accordance with cl. 30 of Schedule 7, LGA 2002, a committee established by the Mayor or appointing more committees in addition to any established by the Mayor.
s. 41A (3) and (4) LGA 2002.
5.4 Elections of regional Chairs, deputy Mayors and deputy Chairs
The council (or a committee responsible for making the appointment) must decide by resolution to use one of two voting systems (see standing order 5.6) when electing people to the following positions:
· the Chair and deputy Chair of a regional council;
· the deputy Mayor;
· the Chair and deputy Chair of a committee; and
· a representative of a local authority.
Please note, this provision does not apply in situations where a mayor has used their appointment powers under s.41A to appoint a deputy Mayor or committee chairs. See Appendix 7.
cl. 25 Schedule 7, LGA 2002.
5.5 Removal of a deputy Mayor
A deputy Mayor, whether appointed by the Mayor under standing order 5.1 or elected by the council, can only be removed in accordance with cl. 18, Schedule 7, of the LGA 2002. See Appendix 8.
cl. 18, Schedule 7, LGA 2002.
5.6 Voting system for chairs, deputy Mayors and committee chairs
When electing a regional council chair, a deputy Mayor or a committee chair the local authority must resolve to use one of the following two voting systems.
System A
The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting. This system has the following characteristics:
(a) there is a first round of voting for all candidates;
(b) if no candidate is successful in the first round, there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
(c) if no candidate is successful in the second round, there is a third round, and if necessary subsequent rounds, of voting from which, each time, the candidate with the fewest votes in the previous round is excluded.
In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.
System B
The candidate will be elected or appointed if he or she receives more votes than any other candidate. This system has the following characteristics:
(a) there is only one round of voting; and
(b) if two or more candidates tie for the most votes, the tie is resolved by lot.
cl. 25 Schedule 7, LGA 2002.
6. Delegations
6.1 Limits on delegations
Unless clearly stated in the LGA 2002 or any other Act, a council may, for the purposes of efficiency and effectiveness, delegate to a committee, subcommittee, subordinate decision-making body, community board, member, or officer of the local authority, any of its responsibilities, duties, or powers except:
(a) the power to make a rate;
(b) the power to make a bylaw;
(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan;
(d) the power to adopt a long-term plan, annual plan, or annual report;
(e) the power to appoint a chief executive;
(f) the power to adopt policies required to be adopted and consulted on under the LGA 2002 in association with the long-term plan or developed for the purpose of the local governance statement;
(g) Repealed;
(h) the power to adopt a remuneration and employment policy.
cl. 32 (1) Schedule 7, LGA 2002.
6.2 Committees may delegate
A committee, subcommittee, subordinate decision-making body, community board, member, or officer of the local authority, may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the body that made the original delegation.
cl. (2) & (3), Schedule 7, LGA 2002.
6.3 Use of delegated powers
The committee, subcommittee, other subordinate decision-making body, community board, or member or officer of the local authority to which or to whom any responsibilities, powers, duties are delegated may, without confirmation by the council, committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them.
cl. 32(2) & (3)(4) Schedule 7, LGA 2002.
6.4 Decisions made under delegated authority cannot be rescinded or amended
Nothing in these standing orders allows a council, committee and subcommittee to rescind or amend a lawfully made decision of a subordinate decision-making body carried out under a delegation authorising the making of that decision. The same requirement applies to a community board in relation to any committees or subcommittees with delegated authority.
cl. 30 (6), Schedule 7, LGA 2002.
6.5 Committees and sub committees subject to the direction of the local authority
A committee, subcommittee or other subordinate decision-making body is subject in all things to the control of the local authority, and must carry out all general and special directions of the local authority given to them.
cl. 30 (3) & (4), Schedule 7, LGA 2002.
6.6 Duty to consider delegations to community boards
The council of a territorial authority must consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.
cl. 32(6) Schedule 7, LGA 2002.
7. Committees
7.1 Appointment of committees and subcommittees
A council may appoint the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate. A committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the council.
cl. 30(1) & (2), Schedule 7, LGA 2002.
7.2 Discharge or reconstitution of committees and subcommittees
Unless expressly provided otherwise in legislation or regulation:
(a) a local authority may discharge or reconstitute a committee or subcommittee, or other subordinate decision-making body; and
(b) a committee may discharge or reconstitute a subcommittee.
A committee, subcommittee, or other subordinate decision-making body is, unless a council resolves otherwise, discharged when members elected at a subsequent triennial general election come into office.
cl. 30 (5) & (7), Schedule 7, LGA 2002.
Please note: s.12 (2) of the Civil Defence and Emergency Management Act 2002 states that a Civil Defence and Emergency Management Group is not deemed to be discharged following a triennial election.
7.3 Appointment or discharge of committee members and subcommittee members
A council may appoint or discharge any member of a committee and, if established by the council, a subcommittee. A committee may appoint or discharge any member of a subcommittee appointed by the committee unless directed otherwise by the council.
cl. 31 (1) & (2), Schedule 7, LGA 2002
7.4 Elected members on committees and subcommittees
The members of a committee or subcommittee may be, but are not required to be, elected members of a local authority. A council or committee may appoint a person who is not a member of the local authority to a committee or subcommittee if, in the opinion of the council or committee, the person has the skills, attributes or knowledge to assist the committee or subcommittee.
At least one member of a committee must be an elected member of the council. In the case of a committee established by a community board at least one member must be a member of that board. A staff member of the local authority, in the course of their employment, can be a member of a subcommittee but not a committee.
cl. 31(4) Schedule 7, LGA 2002.
7.5 Local authority may replace members if committee not discharged
If a local authority resolves that a committee, subcommittee or other subordinate decision-making body is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, the local authority may replace the members of that committee, subcommittee or subordinate decision-making body after the next triennial general election of members.
cl. 31(5) Schedule 7, LGA 2002.
7.6 Membership of Mayor
The Mayor is a member of every committee of the local authority.
s. 41A (5), LGA 2002.
7.7 Decision not invalid despite irregularity in membership
For the purpose of these standing orders a decision of a local authority, committee and community board is not invalidated if:
1. there is a vacancy in the membership of the local authority, committee, local or community board at the time of the decision; or
2. following the decision some defect in the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible.
cl. 29, Schedule 7, LGA 2002.
7.8 Appointment of joint committees
A local authority may appoint a joint committee with another local authority or other public body if it has reached agreement with each local authority or public body. The agreement must specify:
(a) the number of members each party may appoint; and
(b) how the Chair and deputy Chair are to be appointed; and
(c) the terms of reference of the committee; and
(d) what responsibilities, if any, are to be delegated to the committee by each party; and
(e) how the
agreement may be varied.
The agreement may also specify any other matter relating to the appointment, operation, or responsibilities of the committee agreed by the parties.
cl. 30A (1) & (2), Schedule 7, LGA 2002.
7.9 Status of joint committees
A joint committee is deemed to be both a committee of a council and a committee of each other participating local authority or public body.
cl. 30A (5), Schedule 7, LGA 2002.
7.10 Power to appoint or discharge individual members of a joint committee
The power to discharge any individual member of a joint committee and appoint another member in their stead must be exercised by the council or public body that made the appointment.
cl. 30A (6)(a), Schedule 7, LGA 2002.
8. Use of common seal
8.1 Holding and applying common seal
The Chief Executive is to hold the common seal of the local authority and be responsible for its use. Any document required to be executed under the common seal is to be applied to any such document in the presence of any two of the following: the Chief Executive, a General Manager, the Mayor or a councillor.
8.2 Seal to be fixed by resolution
Subject to standing order 8.3, the common seal may be applied where Council, a committee or an officer acting pursuant to delegated authority has previously approved the transaction. The application of the seal must be reported to Council at its next ordinary meeting.
8.3 Local authority to set procedure
The seal may only be applied to warrants for enforcement officers under LGA 2002, after the warrants have been approved by Council in the sealing list.
cl.32, Schedule 7, LGA 2002.
Pre-meeting
9. Giving notice
Please note; the processes described in this section (standing orders 9.1 – 9.13) apply as appropriate to community boards.
9.1 Public notice – ordinary meetings
All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of every month, together with the dates on which and the times and places at which those meetings are to be held. In the case of meetings held on or after the 21st day of the month public notification must be given not more than 10 nor less than 5 working days before the day on which the meeting is to be held.
s. 46, LGOIMA.
9.2 Notice to members - ordinary meetings
The chief executive must give notice in writing to each member of the local authority of the time and place of any meeting. Notice must be given at least 14 days before the meeting unless the council has adopted a schedule of meetings, in which case notice must be given at least 14 days before the first meeting on the schedule.
cl. 19 (5), Schedule7, LGA 2002.
9.3 Extraordinary meeting may be called
An extraordinary council meeting may be called by:
(a) resolution of the council, or
(b) a requisition in writing delivered to the chief executive which is signed by:
i. the Mayor or Chair, or
ii. no less than one third of the total membership of the council (including vacancies).
cl. 22 (1) Schedule 7, LGA 2002.
9.4 Notice to members - extraordinary meetings
Notice in writing of the time and place of an extraordinary meeting called under standing order 9.3 and of the general nature of business to be considered must be given by the chief executive to each member of the council at least 3 working days before the day appointed for the meeting. If the meeting is called by a resolution then notice must be provided within such lesser period as is specified in the resolution, as long as it is not less than 24 hours.
cl. 22 (3), Schedule7, LGA 2002.
9.5 Public notice - extraordinary meetings
Where an extraordinary meeting of a local authority was called and notice of that meeting was inconsistent with these standing orders, the local authority must, as soon as practicable following the meeting, give public notice stating that:
(a) the meeting has occurred;
(b) the general nature of business transacted; and
(c) the reasons why it was not correctly notified.
s. 46 (3) & (4), LGOIMA.
9.6 Process for calling an extraordinary meeting at an earlier time
If the nature of business requires a meeting to be held at an earlier time than is allowed by the notice requirements specified in standing order 9.4, a meeting may be called by the Mayor or Chair, or if the Mayor and Chair are not available, the chief executive.
cl. 22 (2) Schedule 7, LGA 2002.
9.7 Notification of extraordinary meetings held at an earlier time
Notice of the time, place and matters to be considered of a meeting called under Standing Order 9.6, must be given by the person calling the meeting or by another person on that person’s behalf. Notice must be given to each member of the council and the chief executive by whatever means is reasonable in the circumstances and at least 24 hours before the time appointed for the meeting.
cl. 22 (4), Schedule7 LGA 2002.
9.8 Chief executive may make other arrangements
The chief executive is to make any other arrangement for the notification of meetings, including extraordinary meetings, as the local authority may, from time to time, determine.
s. 46(5) LGOIMA.
9.9 Meetings not invalid
The failure to notify a public meeting under these standing orders does not of itself make that meeting invalid. However, where a local authority becomes aware that a meeting has been incorrectly notified it must, as soon as practicable, give public notice stating:
· that the meeting occurred without proper notification;
· the general nature of the business transacted; and
· the reasons why the meeting was not properly notified.
s. 46 (6), LGOIMA.
9.10 Resolutions passed at an extraordinary meeting
A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unless -
(a) the resolution was passed at a meeting or part of a meeting from which the public was excluded; or
(b) the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.
s. 51A, LGOIMA.
9.11 Meeting schedules
Where the local authority adopts a meeting schedule it may cover any period that the council considers appropriate and may be amended. Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting.
cl. 19 (6) Schedule 7, LGA 2002.
9.12 Non-receipt of notice to members
A meeting of a local authority is not invalid if notice of that meeting was not received, or not received in due time, by a member of the local authority or board unless:
(a) it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and
(b) the member concerned did not attend the meeting.
A member of a local authority may waive the need to be given notice of a meeting.
cl. 20 (1) & (2) Schedule 7, LGA 2002.
9.13 Meeting cancellations
The Chair of a scheduled meeting may cancel the meeting if, in consultation with the chief executive, they consider this is necessary for reasons that include lack of business, lack of quorum or clash with another event.
The chief executive must make a reasonable effort to notify
members and the public as soon as practicable of the cancellation and the
reasons behind it.
10. Meeting agenda
10.1 Preparation of the agenda
It is the chief executive’s responsibility to prepare an agenda for each meeting listing and attaching information on the items of business to be brought before the meeting so far as is known, including the names of the relevant members.
When preparing business items for an agenda the chief executive should consult the Chair.
10.2 Process for raising matters for a decision
Requests for reports may be made by a resolution of the council, committee, subcommittee, subordinate decision-making body or community board and, in the case of all decision-making bodies other than the council, must also fall within the scope of their specific delegations. A process for requesting reports is described in Appendix 11.
10.3 Chief executive may delay or refuse request
The chief executive may delay commissioning any reports that involve significant cost or are beyond the scope of the committee that made the request. In such cases the chief executive will discuss options for meeting the request with the respective Chair and report back to a subsequent meeting with an estimate of the cost involved and seek direction on whether the report should still be prepared.
If a member makes a direct request to a chief executive asking that a report is prepared the chief executive may refuse. In such cases an explanation should be provided to the member.
10.4 Order of business
At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the Chair, or the meeting, decides otherwise. An example of a default order of business is set out in Appendix 10.
The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called.
Notwithstanding anything to the contrary contained in these standing orders, and after the confirmation of the minutes of the previous meeting, the Chair as a matter of urgency, or the local authority on a motion duly passed without debate, may accord precedence to any business set down on the order paper for consideration.
10.5 Chair’s recommendation
A Chair, either prior to the start of the meeting and/or at the meeting itself, may include a recommendation regarding any item on the agenda brought before the meeting. Where a Chair’s recommendation varies significantly from an officer’s recommendation the reason for the variation must be explained.
10.6 Chair’s report
The Chair of a meeting has the right, through a report, to direct the attention of a meeting to any matter which is on the agenda or which falls within the responsibilities of that meeting.
10.7 Public availability of the agenda
All information provided to members at a local authority, or local or community board, meeting must be publicly available except where an item included in the agenda refers to a matter reasonably expected to be discussed with the public excluded.
s. 5 & 46A, LGOIMA.
10.8 Public inspection of agenda
Any member of the public may, without payment of a fee, inspect, during normal office hours and within a period of two clear working days before the day of a meeting when a weekend falls within this period, otherwise three clear working days before the day of a meeting, all agendas and associated reports circulated to members of the local authority and local and community boards relating to that meeting. The agenda:
(a) must be available for inspection at the public offices of the local authority (including service centres), at public libraries under the authority’s control and on the council’s website, and:
(b) must be accompanied by either:
i. the associated reports; or
ii. a notice specifying the places at which the associated reports may be inspected.
s. 46A (1), (2), LGOIMA.
10.9 Withdrawal of agenda items
If justified by circumstances an agenda item may be withdrawn by the chief executive. In the event of an item being withdrawn the chief executive should inform the Chair.
10.10 Distribution of the agenda
The chief executive must send the agenda to every member of a meeting two clear working days before the day of the meeting when a weekend falls within this period, otherwise three clear working days before the day of the meeting, except in the case of an extraordinary meeting (see Standing Order 9.4).
The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.
10.11 Status of agenda
No matter on a meeting agenda, including recommendations, may be considered final until determined by formal resolution of that meeting.
10.12 Items of business not on the agenda which cannot be delayed
A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chair provides the following information during the public part of the meeting:
(a) the reason the item is not on the agenda; and
(b) the reason why the discussion of the item cannot be delayed until a subsequent meeting.
s. 46A (7), LGOIMA
Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chair.
Please note that nothing in this standing order removes the requirement to meet the provisions of Part 4 and 6, LGA 2002 with regard to consultation and decision-making.
10.13 Discussion of minor matters not on the agenda
A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chair explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.
s. 46A (7A), LGOIMA.
10.14 Public excluded business on the agenda
Items that are likely to be discussed under public excluded must be indicated on each agenda and state the general subject of the item. The chief executive, however, may exclude public access to any reports, or parts of reports, which are reasonably expected to be discussed with the public excluded.
s. 46A (8), (9), LGOIMA.
10.15 Qualified privilege relating to agenda and minutes
Where any meeting is open to the public and a member of the public is supplied with a copy of the agenda, or the minutes of that meeting, the publication of any defamatory matter included in the agenda or in the minutes is privileged. This does not apply if the publication is proved to have been made with ill will or improper advantage has been taken of the publication.
s. 52, LGOIMA.
Meeting Procedures
Opening and closing
Local authorities and community boards may, at the start of a meeting, choose to recognise the civic importance of the occasion through some form of reflection. This could be an expression of community values, a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau. Options for opening a meeting could include a karakia timitanga, mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting where appropriate.
11. Quorum
11.1 Councils
The quorum for a meeting of the council is:
(a) half of the members physically present, where the number of members (including vacancies) is even; and
(b) a majority of the members physically present, where the number of members (including vacancies) is odd.
cl. 23 (3)(a) Schedule 7, LGA 2002.
11.2 Committees and subcommittees
A council sets the quorum for its committees and subcommittees, either by resolution or by stating the quorum in the terms of reference. Committees may set the quorums for their subcommittees by resolution provided that it is not less than two members.
In the case of subcommittees the quorum will be two members unless otherwise stated. In the case of committees at least one member of the quorum must be a member of the council, or if established by a community board, the relevant board.
cl. 23 (3)(b) Schedule 7, LGA 2002.
11.3 Joint Committees
The quorum at a meeting of a joint committee must be consistent with Standing Order 11.1. Local authorities participating in the joint committee may decide, by agreement, whether or not the quorum includes one or more members appointed by each local authority or any party.
cl. 30A (6)(c) Schedule 7, LGA 2002.
11.4 Requirement for a quorum
A meeting is constituted where a quorum of members is present, whether or not they are all voting or entitled to vote. In order to conduct any business at a meeting, a quorum of members must be present for the whole time that the business is being considered.
cl. 23(1) & (2) Schedule 7, LGA 2002.
11.5 Meeting lapses where no quorum
A meeting must lapse, and the Chair vacate the chair, if a quorum is not present within 30 minutes of the advertised start of the meeting. Where members are known to be travelling to the meeting, but are delayed due to extraordinary circumstance, the Chair has discretion to wait for a longer period.
No business may be conducted while waiting for the quorum to be reached. Minutes will record when a meeting lapses due to a lack of a quorum, along with the names of the members who attended.
11.6 Business from lapsed meetings
Where meetings lapse the remaining business will be adjourned and be placed at the beginning of the agenda of the next ordinary meeting, unless the Chair sets an earlier meeting and this is notified by the chief executive.
12. Public access and recording
12.1 Meetings open to the public
Except as otherwise provided by Part 7 of LGOIMA, every meeting of the local authority, its committees, subcommittees and community boards, must be open to the public.
s.47 & 49(a), LGOIMA.
12.2 Grounds for removing the public
The Chair may require any member of the public whose conduct is disorderly, or who is creating a disturbance, to be removed from the meeting.
12.3 Local authority may record meetings
Meeting venues should contain clear signage indicating and informing members, officers and the public that proceedings may be recorded by the local authority and may be subject to direction by the Chair.
12.4 Recording of meetings by public
Use of an electronic device by anyone during the meeting, as ruled a distraction by the chair, that person can be asked to stop and be removed from the meeting if they refuse to desist.
13. Attendance
13.1 Members right to attend meetings
A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee.
cl. 19(2), Schedule 7, LGA 2002.
If the member of the local authority is not an appointed member of the meeting at which they are in attendance they may not vote on any matter at that meeting. However, they may, with the leave of the chair, take part in the meeting’s discussions.
A member attending a meeting of which they are not an appointed member is not a member of the public for the purpose of s.48 LGOIMA. Consequently, if the meeting resolves to exclude the public any members of the local authority who are present may remain unless they are lawfully excluded.
Please note: this section does not confer any rights to non-elected members appointed to committees of a local authority.
13.2 Attendance when a committee is performing judicial or quasi-judicial functions
When a committee is performing judicial or quasi-judicial functions members of the local authority who are not members of that committee are not entitled to take part in the proceedings.
13.3 Leave of absence
A council or community board may, having considered the reasons for the application, grant a member leave of absence following an application from that member.
In addition a council or community board may delegate the power to grant a leave of absence to the Chair in order to protect a member’s privacy. The Chair will advise all members of the council or community board whenever a member has been granted leave of absence under delegated authority. Meeting minutes will record that a member has leave of absence as an apology for that meeting.
13.4 Apologies
A member who does not have leave of absence may tender an apology should they be absent from all or part of a meeting. The Chair must invite apologies at the beginning of each meeting, including apologies for lateness and early departure. The meeting may accept or decline any apologies.
For clarification, the acceptance of a member’s apology constitutes a grant of ‘leave of absence’ for that meeting.
13.5 Recording apologies
The minutes will record any apologies tendered before or during the meeting, including whether they were accepted or declined and the time of arrival and departure of all members.
13.6 Absent without leave
Where a member is absent from the council or community board for four consecutive meetings without leave of absence (not including extraordinary meetings) then the office held by the member will become vacant. A vacancy created in this way is treated as an extraordinary vacancy.
cl. 5 (d) Schedule 7, LGA 2002.
13.7 Right to attend by audio or audio visual link
Provided the conditions in these standing orders are met, members of the local authority or its committees have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded.
13.8 Member’s status: quorum
Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.
13.9 Member’s status: voting
Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.
13.10 Chair’s duties
Where the technology is available and a member is attending a meeting by audio or audio visual link, the Chair must ensure that:
(a) the technology for the link is available and of suitable quality;
(b) procedures for using the technology in the meeting will ensure that:
i. everyone participating in the meeting can hear each other;
ii. the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;
iii. the requirements of Part 7 of LGOIMA are met; and
iv. the requirements in these standing orders are met.
If the Chair is attending by audio or audio visual link then chairing duties will be undertaken by the deputy chair or a member who is physically present.
cl. 25A (3) schedule 7, LGA 2002.
13.11 Conditions for attending by audio or audio visual link
The Chair may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:
(a) where the member is at a place that makes their physical presence at the meeting impracticable or impossible;
(b) where a member is unwell; and
(c) where a member is unable to attend due to an emergency.
13.12 Request to attend by audio or audio visual link
Where possible, a member will give the Chair and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link. Should, due to illness or emergency, this is not possible the member may give less notice.
Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link. However, the council has no obligation to make the technology for an audio or audio-visual link available.
If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the local authority or its committees.
13.13 Chair may terminate link
The Chair may direct that an electronic link should be terminated where:
(a) use of the link is increasing, or may unreasonably increase, the length of the meeting;
(b) the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;
(c) it is distracting to the members who are physically present at the meeting; and
(d) the quality of the link is no longer suitable.
13.14 Giving or showing a document
A person attending a meeting by audio or audio visual link may give or show a document by:
(a) transmitting it electronically;
(b) using the audio visual link; or
(c) any other manner that the Chair thinks fit.
cl. 25(A) (6) schedule 7, LGA 2002.
13.15 Link failure
Where an audio or audio visual link fails, or there are other technological issues that prevent a member who is attending by link from participating in a meeting, that member must be deemed to be no longer attending the meeting.
13.16 Confidentiality
A member who is attending a meeting by audio or audio visual link must ensure that the meeting’s proceedings remain confidential during any times that the public are excluded. At such times, the Chair may require the member to confirm that no unauthorised people are able to view or hear the proceedings.
14. Chair’s role in meetings
14.1 Council meetings
The Mayor or Chair of the council or local or community board must preside at meetings of the council or board unless they vacate the chair for a part or all of a meeting. If the Chair is absent from a meeting or vacates the chair, the deputy Mayor/chair must act as Chair. If the deputy Mayor/chair is also absent the local authority members who are present must elect a member to be Chair at that meeting. This person may exercise the meeting responsibilities, duties and powers of the Mayor/Chair for that meeting. This provision also applies to committees and subcommittees.
cl. 26(1), (5) & (6) Schedule 7, LGA 2002.
14.2 Committee meetings
The appointed Chair of a committee must preside at all committee meetings, unless they vacate the chair for a particular meeting or part of a meeting. If the Chair is absent from a meeting or vacates the chair, the deputy Chair (if any) will act as Chair. If the deputy Chair is also absent, or has not been appointed, the committee members who are present must elect a member to act as Chair at that meeting who may exercise the meeting responsibilities, duties and powers of the Chair.
This standing order also applies to subcommittees and subordinate decision-making bodies.
cl. 26(2), (5) & (6), schedule 7 LGA 2002.
14.3 Addressing the Chair
Members will address the Chair in a manner that the Chair has determined.
14.4 Chair’s rulings
The Chair will decide all procedural questions where insufficient provision is made by these standing orders and with regard to all points of order. Any refusal to obey a Chair’s ruling or direction constitutes contempt.
14.5 Chair standing
Whenever the Chair stands during a debate members are required to sit down and be silent so that they can hear the Chair without interruption.
14.6 Member’s right to speak
Members are entitled to speak in accordance with these standing orders. Members should address the Chair when speaking. They may not leave their place while speaking, unless they have the leave of the Chair.
14.7 Chair may prioritise speakers
When two or more members want to speak the Chair will name the member who may speak first. Other members who wish to speak have precedence where they intend to:
(a) raise a point of order, including a request to obtain a time extension for the previous speaker; and/or
(b) move a motion to terminate or adjourn the debate; and/or
(c) make a point of explanation; and/or
(d) request the chair to permit the member a special request.
15. Public Comment
Public comment is a defined period of time, usually at the start of a meeting, which, at the discretion of a meeting, is put aside for the purpose of public input. Public comment is designed to enable members of the public to bring matters to the attention of the local authority.
15.1 Subjects of public comment
In the case of Council, a committee or subcommittee public comment is restricted to those items appearing on the agenda for the particular meeting concerned, excluding items already resolved.
In the case of a community board, any issue, idea or matter raised in public comment must also fall within the terms of reference of that meeting.
Public comment does not apply in respect of any resource consent issue or any hearing including hearing of submissions where the Council, a hearings committee, a Hearings Commission or a community board sits in a quasi-judicial capacity.
15.2 Time limits
A period of up to 30 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting.
Speakers can speak for up to 3 minutes. No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 6 in total, the Chair has discretion to restrict the speaking time permitted for all presenters.
Amendment from Eastbourne Community Board
That public comment be heard either at the commencement of the meeting or in conjunction with the relevant order paper item at the request of the speaker and at the discretion of the Chair.
15.3 Restrictions
The Chair has the discretion to decline to hear a speaker or to terminate a presentation at any time where:
· a speaker is repeating views presented by an earlier speaker at the same public forum;
· the speaker is criticising elected members and/or staff;
· the speaker is being repetitious, disrespectful or offensive;
· the speaker has previously spoken on the same issue;
· the matter is subject to legal proceedings;
· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.
15.4 Questions at public comment
At the conclusion of the presentation, with the permission of the Chair, elected members may ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by a speaker.
15.5 No resolutions
Following public comment no debate or decisions will be made at the meeting on issues raised during the forum unless related to items already on the agenda.
16. Deputations
The purpose of a deputation is to enable a person, group or organisation to make a presentation to a meeting on a matter or matters covered by that meeting’s terms of reference. Deputations are approved by the Chair or an official with delegated authority.
16.1 Time limits
Speakers can speak for up to 10 minutes. No more than two speakers can speak on behalf of an organisation’s deputation.
16.2 Restrictions
The Chair has the discretion to decline to hear or terminate a deputation at any time where:
· a speaker is repeating views presented by an earlier speaker at the meeting;
· the speaker is criticising elected members and/or staff;
· the speaker is being repetitious, disrespectful or offensive;
· the speaker has previously spoken on the same issue;
· the matter is subject to legal proceedings;
· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.
16.3 Questions of a deputation
At the conclusion of the deputation members may, with the permission of the Chair, ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by the deputation.
16.4 Resolutions
Any debate on a matter raised in a deputation must occur at the time at which the matter is scheduled to be discussed on the meeting agenda, and once a motion has been moved and seconded.
17. Petitions
17.1 Form of petitions
Petitions may be presented to the local authority or any of its committees or community boards. Petitions must contain at least 20 signatures and consist of fewer than 150 words (not including signatories). They must be received by the chief executive at least 5 working days before the date of the meeting at which they will be presented.
Petitions must not be disrespectful, use offensive language or include malicious statements (see standing order 20.9 on qualified privilege). They may be written in English or te reo Māori. Petitioners planning to make a petition in te reo Māori or sign language should advise the relevant Chair at least two working days before the meeting to enable the petition be translated and reprinted, if necessary.
17.2 Petition presented by petitioner
A petitioner who presents a petition to the local authority or any of its committees and subcommittees or community boards, may speak for 5 minutes (excluding questions) about the petition, unless the meeting resolves otherwise. The Chair must terminate the presentation of the petition if he or she believes the petitioner is being disrespectful, offensive or making malicious statements.
Where a petition is presented as part of a deputation or public forum the speaking time limits relating to deputations or public forums shall apply. The petition must be received by the chief executive at least 5 working days before the date of the meeting concerned.
17.3 Petition presented by member
Members may present petitions on behalf of petitioners. In doing so, members must confine themselves to presenting:
(a) the petition;
(b) the petitioners’ statement; and
(c) the number of signatures.
18. Exclusion of public
18.1 Motions and resolutions to exclude the public
Members of a meeting may resolve to exclude the public from a meeting. The grounds for exclusion are those specified in section 48 of LGOIMA (see Appendix 1).
Every motion to exclude the public must be put while the meeting is open to the public, and copies of the motion must be available to any member of the public who is present. If the motion is passed the resolution to exclude the public must be in the form set out in schedule 2A of LGOIMA (see Appendix 2). The resolution must state:
(a) the general subject of each matter to be excluded;
(b) the reason for passing the resolution in relation to that matter; and
(c) the grounds on which the resolution is based.
The resolution will form part of the meeting’s minutes.
s. 48 LGOIMA.
18.2 Specified people may remain
Where a meeting resolves to exclude the public, the resolution may provide for specified persons to remain if, in the opinion of the meeting, they will assist the meeting to achieve its purpose. Any such resolution must state, in relation to the matter to be discussed, how the knowledge held by the specified people is relevant and be of assistance.
No such resolution is needed for people who are entitled to be at the meeting, such as relevant staff and officials contracted to the council for advice on the matter under consideration.
s.48 (6) LGOIMA.
18.3 Public excluded items
The chief executive must place in the public-excluded section of the agenda any items that he or she reasonably expects the meeting to consider with the public excluded. The public excluded section of the agenda must indicate the subject matter of the item and the reason the public are excluded.
s.46A (8) LGOIMA.
18.4 Non-disclosure of information
No member or officer may disclose to any person, other than another member, officer or person authorised by the chief executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded.
This restriction does not apply where a meeting has resolved to make the information publicly available or where the chief executive has advised, in writing, that one or both of the following apply:
(a) there are no grounds under LGOIMA for withholding the information;
(b) the information is no longer confidential.
18.5 Release of information from public excluded session
A local authority may provide for the release to the public of information which has been considered during the public excluded part of a meeting.
Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition the chief executive may release information which has been considered at a meeting from which the public has been excluded where it is determined the grounds to withhold the information no longer exist. The chief executive will inform the subsequent meeting of the nature of the information released.
19. Voting
19.1 Decisions by majority vote
Unless otherwise provided for in the LGA 2002, other legislation or standing orders, the acts of and questions before a local authority (or local and community boards) must be decided at a meeting through a vote exercised by the majority of the members of that meeting voting.
cl. 24 (1), Schedule 7, LGA 2002.
19.2 Open voting
An act or question coming before the local authority must be done or decided by open voting.
cl. 24 (3) Schedule 7, LGA 2002.
19.3 Chair has a casting vote
The Mayor, Chair or any other person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, has a casting vote.
cl. 24 (2) Schedule 7, LGA 2002.
19.4 Method of voting
The method of voting must be as follows:
(a) the Chair in putting the motion must call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the Chair, must be conclusive unless such announcement is questioned immediately by any member, in which event the Chair will call a division;
(b) the Chair or any member may call for a division instead of or after voting on the voices and/or taking a show of hands; and
(c) where a suitable electronic voting system is available that system may be used instead of a show of hands, vote by voices or division, and the result displayed notified to the Chair who must declare the result.
19.5 Calling for a division
When a division is called, the chief executive must record the names of the members voting for and against the motion and abstentions and provide the names to the Chair to declare the result. The result of the division must be entered into the minutes and include members’ names and the way in which they voted.
The Chair may call a second division where there is confusion or error in the original division.
19.6 Request to have votes recorded
If requested by a member immediately after a vote the minutes must record the member’s vote or abstention.
19.7 Members may abstain
Any member may abstain from voting.
20. Conduct
20.1 Calling to order
When the Chair calls members to order, they must be seated and stop speaking. If the members fail to do so, the Chair may direct that they should leave the meeting immediately for a specified time.
20.2 Disrespect
No member may speak or act in a manner which is disrespectful of other members or inconsistent with the local authority’s Code of Conduct at any meeting.
20.3 Retractions and apologies
In the event of a member or speaker who has been disrespectful of another member or contravened the council’s Code of Conduct, the Chair may call upon that member or speaker to withdraw the offending comments, and may require them to apologise. If the member refuses to do so the Chair may direct that they should leave the meeting immediately for a specified time and/or make a complaint under the Code of Conduct.
20.4 Disorderly conduct
Where the conduct of a member is disorderly or is creating a disturbance, the Chair may require that member to leave the meeting immediately for a specified time.
If the disorder continues the Chair may adjourn the meeting for a specified time. At the end of this time the meeting must resume and decide, without debate, whether the meeting should proceed or be adjourned.
The Chair may also adjourn the meeting if other people cause disorder or in the event of an emergency.
20.5 Contempt
Where a member is subject to repeated cautions by the Chair for disorderly conduct, the meeting may, should it so decide, resolve that the member is in contempt. Any such resolution must be recorded in the meeting’s minutes.
20.6 Removal from meeting
A member of the police or authorised security personnel may, at the Chair’s request, remove or exclude a member from a meeting.
This standing order will apply where the Chair has ruled that the member should leave the meeting and the member has refused or failed to do so; or has left the meeting and attempted to re-enter it without the Chair’s permission.
20.7 Financial conflicts of interests
Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.
No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.
Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.
Neither the Chair nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.
s. 6 & 7 LAMIA.
20.8 Non-financial conflicts of interests
Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a local authority (or local or community board) could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.
The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.
Neither the Chair nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed.
20.9 Qualified privilege for meeting proceedings
Any oral statement made at any meeting of the local authority in accordance with the rules adopted by the local authority for guiding its proceedings is privileged, unless the statement is proved to have been made with ill will or took improper advantage of the occasion of publication.
s. 53, LGOIMA.
20.10 Qualified privilege additional to any other provisions
The privilege referred to above is in addition to any other privilege, whether absolute or qualified, that applies as a result of any other enactment or rule of law applying to any meeting of the local authority.
s. 53, LGOIMA.
20.11 Electronic devices at meetings
Electronic devices and phones can only be used to advance the business of a meeting. All phones must be switched to silent mode.
Personal use may only occur at the discretion of the chair. A Chair may require that an electronic device is switched off if its use is likely to distract a meeting from achieving its business or a member is found to be receiving information or advice from sources not present at the meeting which may affect the integrity of the proceedings.
21. General rules of debate
21.1 Chair may exercise discretion
The application of any procedural matters in this section of the standing orders, such as the number of times a member may speak, is subject to the discretion of the Chair.
21.2 Time limits on speakers
The following time limits apply to members speaking at meetings:
(a) movers of motions when speaking to the motion – not more than 10 minutes;
(b) movers of motions when exercising their right of reply – not more than 5 minutes;
(c) other members – not more than 5 minutes.
Time limits can be extended if a motion to that effect is moved, seconded and supported by a majority of members present.
21.3 Questions to staff
During a debate members can ask staff questions about the matters being discussed. Questions must be asked through the Chair and how the question should be dealt with is at the Chair’s discretion.
21.4 Questions of clarification
At any point of a debate a member may ask the Chair for clarification about the nature and content of the motion which is the subject of the debate and the particular stage the debate has reached.
21.5 Members may speak only once
A member may not speak more than once to a motion at a meeting of a local authority or any local or community board except with permission of the Chair.
21.6 Limits on number of speakers
If three speakers have spoken consecutively in support of, or in opposition to, a motion, the Chair may call for a speaker to the contrary. If there is no speaker to the contrary, the Chair must put the motion after the mover’s right of reply.
Members speaking must, if requested by the Chair, announce whether they are speaking in support of or opposition to a motion.
21.7 Seconder may reserve speech
A member may second a motion or amendment without speaking to it, reserving the right to speak later in the debate.
21.8 Speaking only to relevant matters
Members may speak to any matter before the meeting; a motion or amendment which they propose; and to raise a point of order arising out of debate, but not otherwise. Members must confine their remarks strictly to the motion or amendment they are speaking to.
The Chair’s rulings on any matters arising under this standing order are final and not open to challenge.
21.9 Restating motions
At any time during a debate a member may ask, for their information, that the Chair restate a motion and any amendments; but not in a manner that interrupts a speaker.
21.10 Criticism of resolutions
A member speaking in a debate may not unduly criticise the validity of any resolution except by a notice of motion to amend or revoke the resolution.
21.11 Objecting to words
When a member objects to any words used by another member in a speech and wants the minutes to record their objection, they must object at the time when the words are used and before any other member has spoken. The Chair must order the minutes to record the objection.
21.12 Right of reply
The mover of an original motion has a right of reply. A mover of an amendment to the original motion does not. In their reply, the mover must confine themselves to answering previous speakers and not introduce any new matters.
A mover’s right of reply can only be used once. It can be exercised either at the end of the debate on the original, substantive or substituted motion or at the end of the debate on a proposed amendment.
However, the original mover may reserve their right of reply and speak once to the principal motion and once to each amendment without losing that right of reply. If a closure motion is carried the mover of the motion has the right of reply before the motion or amendment is put to the vote.
21.13 No other member may speak
In exercising a right of reply, no other member may speak:
(a) after the mover has started their reply;
(b) after the mover has indicated that they want to forego this right;
(c) where the mover has spoken to an amendment to the original motion and the Chair has indicated that he or she intends to put the motion.
21.14 Adjournment motions
The carrying of any motion to adjourn a meeting must supersede other business still remaining to be disposed of. Any such business must be considered at the next meeting. Business referred to, or referred back to, a specified committee or local or community board, is to be considered at the next ordinary meeting of that committee or board, unless otherwise specified.
21.15 Chair’s acceptance of closure motions
The Chair may only accept a closure motion where there have been at least two speakers for and two speakers against the motion that is proposed to be closed, or the Chair considers it reasonable to do so.
However, the Chair must put a closure motion if there are no further speakers in the debate. When the meeting is debating an amendment, the closure motion relates to the amendment. If a closure motion is carried, the mover of the motion under debate has the right of reply after which the Chair puts the motion or amendment to the vote.
21.16 Community Board and Youth Council participation in meetings of Council and Standing Committees
The Chair of a community board or Youth Council (or their respective representatives as advised by the Chair prior to the meeting) may participate in discussion on any matters which are of interest to a particular ward area, or of interest to youth (as applicable), at meetings of the standing committees of Council but shall not have voting rights or rights to move or second motions. The rules of debate applicable to members of the Council shall apply to the community board and Youth Council representatives. Notification of the intention to exercise speaking rights and identification of the relevant agenda item shall be provided to the Chair prior to the meeting. In exceptional circumstances community board or Youth Council representatives may be invited to participate on specific subjects at meetings of the full Council, at the discretion of the Council Chair.
22. General procedures for speaking and moving motions
22.1 Options for speaking and moving
This subsection provides three options for speaking and moving motions and amendments at a meeting of a local authority, its committees and subcommittees, and any local or community boards.
Option A applies unless, on the recommendation of the Chair at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option B or Option C for the meeting generally, or for any specified items on the agenda.
22.2 Option A
· The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).
· Only members who have not spoken to the original or substituted motion may move or second an amendment to it.
· The mover or seconder of an amendment whether it is carried or lost cannot move or second a subsequent amendment.
· Members can speak to any amendment and, provided they have not spoken to the motion or moved or seconded an amendment, they can move or second further amendments.
· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.
22.3 Option B
· The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).
· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.
· The mover or seconder of an amendment that is carried can move or second a subsequent amendment. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.
· Members can speak to any amendment.
· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.
22.4 Option C
· The mover and seconder of a motion can move or second an amendment
· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.
· The mover or seconder of an amendment whether it is carried or lost can move or second further amendments.
· Members can speak to any amendment.
· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.
22.5 Procedure if no resolution reached
If no resolution is reached the Chair may accept a new motion to progress the matter under discussion.
23. Motions and amendments
23.1 Proposing and seconding motions
All motions and amendments moved during a debate must be seconded (including notices of motion). The Chair may then state the motion and propose it for discussion.
Amendments and motions that are not seconded are not in order and are not entered in the minutes.
23.2 Motions in writing
The Chair may require movers of motions and amendments to provide them in writing, signed by the mover.
23.3 Motions expressed in parts
The Chair, or any member, can require a motion that has been expressed in parts to be decided part by part.
23.4 Substituted motion
Where a motion is subject to an amendment the meeting may substitute the motion with the amendment, provided the mover and seconder of the original motion agree to its withdrawal. All members may speak to the substituted motion.
23.5 Amendments to be relevant and not direct negatives
Every proposed amendment must be relevant to the motion under discussion. Proposed amendments cannot be similar to an amendment that has already been lost. An amendment cannot be a direct negative to the motion or the amended motion.
23.6 Foreshadowed amendments
The meeting must dispose of an existing amendment before a new amendment can be foreshadowed. However, members may notify the Chair that they intend to move further amendments and the nature of their content.
23.7 Lost amendments
Where an amendment is lost, the meeting will resume the debate on the original or substituted motion. Any member who has not spoken to that motion may speak to it, and may move or second a further amendment.
23.8 Carried amendments
Where an amendment is carried, the meeting will resume the debate on the original motion as amended. This will now be referred to as the substantive motion. Members who have not spoken to the original motion may speak to the substantive motion, and may move or second a further amendment to it.
23.9 Where a motion is lost
In a situation where a motion that recommends a course of action is lost, a new motion, with the consent of the Chair, may be proposed to provide direction.
23.10 Withdrawal of motions and amendments
Once a motion or amendment which has been seconded has been put to the meeting by the Chair, the mover cannot withdraw it without the consent of the majority of the members who are present and voting.
The mover of an original motion, which has been subject to an amendment that has been moved and seconded, cannot withdraw the original motion until the amendment has either been lost or withdrawn by agreement, as above.
23.11 No speakers after reply or motion has been put
A member may not speak to any motion once:
(a) the mover has started their right of reply in relation to the motion; and
(b) the Chair has started putting the motion.
24. Revocation or alteration of resolutions
24.1 Member may move revocation of a decision
A member may give the chief executive a notice of motion for the revocation or alteration of all or part of a previous resolution of the council, subordinate body, local or community board. The notice must set out:
(a) The resolution or part of the resolution which the member proposes to revoke or alter;
(b) The meeting date when the resolution was passed;
(c) The motion, if any, which the member proposes to replace it with; and
(d) Sufficient information to satisfy the decision-making provisions of sections 77-82 of the LGA 2002.
If the mover of the notice of motion is unable to provide this information, or the decision is likely to be deemed a significant decision, the notice of motion should provide that the proposal is referred to the chief executive for consideration and report.
24.2 Revocation must be made by the body responsible for the decision
If a resolution is made under delegated authority by a committee, subcommittee or subordinate decision-making body, or a local or community board, only that body may revoke or amend the resolution, assuming the resolution is legally made.
This provision does not prevent the body that made the delegation from removing or amending a delegation given to a subordinate body or community board.
cl. 32 (2)4 Schedule 7, LGA 2002.
24.3 Requirement to give notice
A member must give notice to the chief executive at least 5 working days before the meeting at which it is proposed to consider the motion. The notice is to be signed by not less than one third of the members of the local authority, including vacancies. Notice can be sent via email and include the scanned electronic signatures of members. If the notice of motion is lost, no similar notice of motion which is substantially the same in purpose and effect may be accepted within the next twelve months.
24.4 Restrictions on actions under the affected resolution
Once a notice of motion to revoke or alter a previous resolution has been received no irreversible action may be taken under the resolution in question until the proposed notice of motion has been dealt with. Exceptions apply where, in the opinion of the Chair:
(a) the practical effect of delaying actions under the resolution would be the same as if the resolution had been revoked;
(b) by reason of repetitive notices, the effect of the notice is an attempt by a minority to frustrate the will of the local authority or the committee that made the previous resolution.
In either of these situations, action may be taken under the resolution as though no notice of motion had been given to the chief executive.
24.5 Revocation or alteration by resolution at same meeting
A meeting may revoke or alter a previous resolution made at the same meeting where, during the course of the meeting, it receives fresh facts or information concerning the resolution. In this situation 75 per cent of the members present and voting must agree to the revocation or alteration.
24.6 Revocation or alteration by recommendation in report
The local authority, on a recommendation in a report by the Chair, chief executive, or any committee or subcommittee, local or community board, may revoke or alter all or part of a resolution passed by a previous meeting. The chief executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.
cl. 30 (6) Schedule 7, LGA 2002.
25. Procedural motions
25.1 Procedural motions must be taken immediately
A procedural motion to close or adjourn a debate will take precedence over other business, except points of order and rights of reply. If the procedural motion is seconded the Chair must put it to the vote immediately, without discussion or debate.
25.2 Procedural motions to close or adjourn a debate
Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or adjourn a debate:
(a) that the meeting be adjourned to the next ordinary meeting (unless the member states an alternative time and place);
(b) that the motion under debate should now be put (a closure motion);
(c) that the item being discussed should be adjourned to a specified time and place and not be further discussed at the meeting;
(d) that the item of business being discussed should lie on the table and not be further discussed at this meeting;
(e) that the item being discussed should be referred (or referred back) to the relevant committee or local or community board.
A member seeking to move a procedural motion must not interrupt another member who is already speaking.
25.3 Voting on procedural motions
Procedural motions to close or adjourn a debate must be decided by a majority of all members who are present and voting. If the motion is lost no member may move a further procedural motion to close or adjourn the debate within the next 15 minutes.
25.4 Debate on adjourned items
When debate resumes on items of business that have been previously adjourned all members are entitled to speak on the items.
25.5 Remaining business at adjourned meetings
Where a resolution is made to adjourn a meeting, the remaining business will be considered at the next meeting.
25.6 Business referred to the council, committee or local or community board
Where an item of business is referred (or referred back) to a committee or a local or community board, the committee or board will consider the item at its next meeting unless the meeting resolves otherwise.
25.7 Other types of procedural motions
The Chair has discretion about whether to allow any other procedural motion that is not contained in these standing orders.
26. Points of order
26.1 Members may raise points of order
Any member may raise a point of order when they believe these standing orders have been breached. When a point of order is raised, the member who was previously speaking must stop speaking and sit down (if standing).
26.2 Subjects for points of order
A member who is raising a point of order must state precisely what its subject is. Points of order may be raised for the following subjects:
(a) disorder – bringing disorder to the attention of the Chair;
(b) language – use of disrespectful, offensive or malicious language;
(c) irrelevance – the topic being discussed is not the matter currently before the meeting;
(d) misrepresentation – misrepresentation of any statement made by a member or by an officer or council employee;
(e) breach of standing order – the breach of any standing order while also specifying which standing order is subject to the breach;
(f) request the recording of words, such as a request that the minutes record words that have been the subject of an objection.
26.3 Contradictions
Expressing a difference of opinion or contradicting a statement by a previous speaker does not constitute a point of order.
26.4 Point of order during division
A member may not raise a point of order during a division, except with the permission of the Chair.
26.5 Chair’s decision on points of order
The Chair may decide a point of order immediately after it has been raised, or may choose to hear further argument about the point before deciding. The Chair’s ruling on any point of order, and any explanation of that ruling, is not open to any discussion and is final.
27. Notices of motion
27.1 Notice of intended motion to be in writing
Notice of intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. [Notice of an intended motion can be sent via email and include the scanned electronic signature of the mover.]
Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered.
27.2 Refusal of notice of motion
The Chair may direct the chief executive to refuse to accept any notice of motion which:
(a) is disrespectful or which contains offensive language or statements made with malice; or
(b) is not related to the role or functions of the local authority or meeting concerned; or
(c) contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive officer may make; or
(d) is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned; or
(e) fails to include sufficient information as to satisfy the decision-making provisions of s.77-82 LGA 2002; or
(f) concerns a matter where decision-making authority has been delegated to a subordinate body or a local or community board.
Reasons for refusing a notice of motion should be provided to the mover. Where the refusal is due to (f) the notice of motion may be referred to the appropriate committee or board.
27.3 Mover of notice of motion
Notices of motion may not proceed in the absence of the mover unless moved by another member authorised to do so, in writing, by the mover.
27.4 Alteration of notice of motion
Only the mover, at the time the notice of motion is moved and with the agreement of a majority of those present at the meeting, may alter a proposed notice of motion. Once moved and seconded no amendments may be made to a notice of motion.
27.5 When notices of motion lapse
Notices of motion that are not put when called by the Chair must lapse.
27.6 Referral of notices of motion
Any notice of motion received that refers to a matter ordinarily dealt with by a committee of the local authority or a local or community board must be referred to that committee or board by the chief executive.
Where notices are referred the proposer of the intended motion, if not a member of that committee, must have the right to move that motion and have the right of reply, as if a committee member.
27.7 Repeat notices of motion
When a motion has been considered and rejected by the local authority or a committee, no similar notice of motion which, in the opinion of the Chair, may be accepted within the next 12 months, unless signed by not less than one third of all members, including vacancies.
Where a notice of motion has been adopted by the local authority no other notice of motion which, in the opinion of the Chair has the same effect, may be put while the original motion stands.
28. Minutes
28.1 Minutes to be evidence of proceedings
The local authority, its committees, subcommittees and any local and community boards must keep minutes of their proceedings. These minutes must be kept in hard copy, signed and included in the council’s minute book and, when confirmed by resolution at a subsequent meeting and signed by the Chair, will be prima facie evidence of the proceedings they relate to.
cl. 28 Schedule 7, LGA 2002.
28.2 Matters recorded in minutes
The chief executive must keep the minutes of meetings. The minutes must record:
(a) the date, time and venue of the meeting;
(b) the names of the members present in person or by means of audio link or audio-visual link;
(c) the Chair;
(d) any apologies or leaves of absences;
(e) the arrival and departure times of members;
(f) any failure of a quorum;
(g) a list of any external speakers and the topics they addressed;
(h) a list of the items considered;
(i) the resolutions and amendments related to those items including those that were lost, provided they had been moved and seconded in accordance with these standing orders;
(j) the names of all movers, and seconders;
(k) any objections made to words used;
(l) all divisions taken and, if taken, a record of each members’ vote;
(m) the names of any members requesting that votes or abstentions be recorded;
(n) any declarations of financial or non-financial conflicts of interest;
(o) the contempt, censure and removal of any members;
(p) any resolutions to exclude members of the public;
(q) the time at which the meeting concludes or adjourns;
(r) the names of people permitted to stay in public excluded.
Please Note: hearings under the RMA, Dog Control Act 1996 and Sale and Supply of Alcohol Act 2012 may have special requirements for minute taking.
28.3 No discussion on minutes
The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.
28.4 Minutes of last meeting before election
The chief executive and the relevant Chairs must sign the minutes of the last meeting of the local authority and its local and community boards before the next election of members.
29. Minute books
29.1 Inspection
A hard copy of the local authority’s minute books must be kept by the chief executive and be open for inspection by the public. This does not preclude the complementary use of electronic minutes in accordance with the Electronic Transactions Act 2002.
s. 51 LGOIMA.
29.2 Inspection of public excluded matters
The chief executive must consider any request for the minutes of a meeting or part of a meeting from which the public was excluded as a request for official information in terms of LGOIMA 1987.
30 Provisions for Tangata Whenua
30.1 Application of term Tangata Whenua
Tangata Whenua in the context of these Standing Orders refers to Te Runanganui O Taranaki Whanui Ki Te Upoko O Te Ika A Maui, Wellington Tenths Trust and Te Tatau O Te Po and the Port Nicholson Block Settlement Trust.
30.2 Tangata Whenua representation at meetings
Where representatives of the Tangata Whenua identify any item appearing on the agenda for a meeting of any Council committee or subcommittee, or any matter or issue arising from any such item which the Tangata Whenua wish to discuss, the Tangata Whenua are entitled to representation at that meeting for that purpose. These provisions do not extend to any meeting of a committee or subcommittee which is sitting in a quasi-judicial capacity in respect of any matter to be heard under the Resource Management Act 1991, Sale and Supply of Alcohol Act 2012, Reserves Act 1977 or Dog Control Act 1996, or exercising the powers, duties or discretions of a District Licensing Committee under the Sale and Supply of Alcohol Act 2012.
30.3 Tangata Whenua requests for items to be placed on agenda
Representatives of the Tangata Whenua on their own initiative may request that any item which they wish to discuss be placed on the agenda for a meeting of the committee or subcommittee whose Terms of Reference cover that item. Any such request is to be in writing, signed on behalf of the Tangata Whenua, stating the meeting at which it is proposed that the item be considered, and is to be delivered to the Chief Executive at least 10 clear working days before the date of such meeting.
30.4 Tangata Whenua representations on committees and subcommittees
Where any item appears on the agenda for a meeting of a committee or subcommittee of Council which representatives of the Tangata Whenua have, in accordance with standing order 30.2, identified as an item they wish to discuss at that meeting, or wish to discuss a matter or issue arising from such item, or there is on that agenda any item which has been included at the request of the Tangata Whenua in accordance with standing order 30.3, the Tangata Whenua may be represented at that meeting by such number of representatives as is equal to the number of permanent members of that committee or subcommittee who are present at that meeting.
30.5 Tangata Whenua speaking and voting rights at meeting
Representatives of the Tangata Whenua present at any meeting of a committee and subcommittee for the consideration of any item in accordance with standing order 30.4 have the same speaking and voting rights as the permanent members of that committee or subcommittee.
30.6 Status of resolutions passed with Tangata Whenua represented
Any resolution passed by a meeting of a committee and subcommittee at which the Tangata Whenua are represented in accordance with standing order 30.4, which relates to an item identified by or included on the agenda at the request of the Tangata Whenua, is to be only a recommendation to either the Council or the appropriate standing committee as the case may be, unless a majority of the permanent members of the committee or subcommittee present and voting at that meeting vote in favour of that resolution, in which case that resolution is a final decision if it is within the Terms of Reference of that committee or subcommittee.
30.7 Quorum at meetings with Tangata Whenua representation
The quorum at any meeting of any committee or subcommittee at which the Tangata Whenua are represented in accordance with standing order 30.4 consists of one half the elected members (including vacancies) of that committee or subcommittee if that number is even or a majority of those elected members if that number of members is odd, plus in either case an equivalent number of representatives of the Tangata Whenua.
30.8 Chair at meetings of Tangata Whenua represented
The appointed Chair of a committee or subcommittee is to preside at all meetings of that committee and subcommittee at which the Tangata Whenua are represented in accordance with standing order 29.4, and in accordance with standing order 19.3, in the case of an equality of votes, also has a casting vote.
30.9 Application of standing orders to meetings with Tangata Whenua represented
These standing orders, so far as applicable, extend to the proceedings of all meetings of Council committees and subcommittees at which the Tangata Whenua are represented in accordance with standing order 30.4.
30.10 Tangata Whenua speaking rights at Council meetings
Representatives of the Tangata Whenua have the right to address any meeting of the Council for a maximum period of 15 minutes on any items, matters or issues which have been identified or initiated by the Tangata Whenua and considered at a meeting of a Council committee or subcommittee. This right is in addition to and separate from those rights of public comment also available to the Tangata Whenua in terms of standing orders 15.1 and 15.2.
31. Additional provisions for Te Taura Here O Te Awakairangi (referred hereafter as Taura Here)
31.1 Taura Here requests for items to be placed on agenda
Representatives of the Taura Here may on their own initiative request that any item which they wish to discuss be placed on the agenda for a meeting of the committee or subcommittee whose Terms of Reference cover that item. Any such request is to be in writing, signed on behalf of the Taura Here, stating the meeting at which it is proposed that the item be considered, and is to be delivered to the Chief Executive at least 10 clear working days before the date of such meeting.
31.2 Taura Here speaking rights at Council meetings
Representatives of the Taura Here have the right to address any meeting of the Council for a maximum period of 15 minutes on any items, matters, or issues which have been identified or initiated by the Taura Here and considered at a meeting of a Council committee or subcommittee. This right is in addition to, and separate from, those rights of public comment available to the Taura Here in terms of standing orders 15.1 and 15.2.
32. Questions
32.1 Question time at meetings
Any member of the local authority may, at any ordinary meeting of the local authority at the appointed time, put a question to the Chair, or through the Chair of the local authority to the Chair of any committee, or to any officer of the local authority, concerning any matter relevant to the role of functions of the local authority concerning any matter that does not appear on the order paper, nor arises from any committee report or recommendation submitted to that meeting.
32.2 Members to try to obtain information prior to meetings
Before putting a question, a member shall, in the first instance, endeavor to obtain the relevant information from the appropriate local authority officer or the Chair of the committee prior to the meeting commencing. In the event of the information sought not being forthcoming, or the member not being satisfied with the answer, the member then has the right to raise the matter by way of a question at an ordinary meeting of the local authority, provided that the Chair may refer a question to an appropriate committee.
32.3 Questions to be in writing
Wherever applicable, such questions are to be in writing and handed to the Chair prior to the commencement of the meeting at which they are to be asked.
32.4 Questions may be deferred
If an answer to the question cannot be given at that meeting, it will, at the discretion of the Chair, be placed on the order paper for the next local authority meeting.
32.5 Questions to be concise
Questions and answers are to be submitted as briefly and concisely as possible. No discussion is allowed upon any question or upon the answer.
32.6 Questions to officers during debate
In the course of any debate at any local authority meeting, any members may, at the Chair’s discretion, ask any question of the relevant officer on any matter under debate. Such questions are to be directed through the chair.
Referenced documents
· Commissions of Inquiry Act 1908
· Sale of Alcohol Act 2012
· Crimes Act 1961
· Financial Markets Conduct Act 2013
· Local Authorities (Members’ Interests) Act 1968 (LAMIA)
· Local Electoral Act 2001 (LEA)
· Local Government Act 1974 and 2002 (LGA 2002)
· Local Government Official Information and Meetings Act 1987 (LGOIMA)
· Marine Farming Act 1971
· Resource Management Act 1991 (RMA)
· Secret Commissions Act 1910
· Securities Act 1978
.
Appendix 1: Grounds to exclude the public
A local authority may, by resolution, exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:
A1 That good reason exists for excluding the public from the whole or any part of the proceedings of any meeting as the public disclosure of information would be likely:
(a) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
(b) to endanger the safety of any person.
A2 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:
(a) Protect the privacy of natural persons, including that of deceased natural persons; or
(b) Protect information where the making available of the information would:
i. disclose a trade secret; or
ii. be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or,
(c) In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Māori i, or to avoid the disclosure of the location of waahi tapu; or
(d) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would:
i. be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or
ii. be likely otherwise to damage the public interest; or
(e) Avoid prejudice to measures protecting the health or safety of members of the public; or
(f) Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
(g) Maintain the effective conduct of public affairs through –the protection of such members, officers, employees, and persons from improper pressure or harassment; or
(h) Maintain legal professional privilege; or
(i) Enable any Council holding the information to carry out, without prejudice or disadvantage, commercial activities; or
(j) Enable any Council holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
(k) Prevent the disclosure or use of official information for improper gain or improper advantage.
Provided that where A2 of this Appendix applies the public may be excluded unless, in the circumstances of the particular case, the exclusion of the public is outweighed by other considerations which render it desirable, in the public interest, that the public not be excluded.
A3 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information, the public disclosure of which would:
(a) Be contrary to the provisions of a specified enactment; or
(b) Constitute contempt of Court or of the House of Representatives.
A4 That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that Council by an Ombudsman under section 30(1) or section 38(3) of this Act (in the case of a Council named or specified in Schedule 1 to this Act).
A5 That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation in:
(a) Any proceedings before a Council where
i. A right of appeal lies to any Court or tribunal against the final decision of the Council in those proceedings; or
ii. The Council is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and
(b) Any proceedings of a Council in relation to any application or objection under the Marine Farming Act 1971.