Meeting of the Hawke's Bay Regional Council
Date: Wednesday 27 October 2010
Time: 10.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Subject Page
1. Welcome/Apologies
Decision Items
2. The
Making and Attesting of the Declarations required by Members
3. Adoption
of Standing Orders
4. Election
of Chairperson
5. The
Making and Attesting of the Declarations Required by the Chairperson
6. Election
of Deputy Chairperson
7. The
Fixing of the Date and Time of the First Ordinary Meeting of the Council
8. Schedule
of Meetings to 31 December 2010
9. Council
Prayer
10. Local
Government New Zealand
Information or Performance Monitoring
11. Local
Government Official Information and Meetings Act 1987
12. Other Laws
Affecting Elected Members
· Local Government Act 2002
· Public Finance Act 1977
· Secret Commissions Act 1910
· Crimes Act 1961
· The Securities Act 1978
· Local Authorities (Member’s Interests) Act 1968
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: The Making and Attesting of the
Declarations required by Members
INTRODUCTION:
1. Schedule 7, Part 1,
clause 21 of the Local Government Act 2002 states:
“(4)
The chief executive (or, in the absence of the chief executive, a nominee
of that officer) must chair the meeting until the chairperson has made and
attested the declaration required under clause 14.”
2. Schedule 7, Part 1,
clause 14 of the Local Government Act 2002 states:
“(1) A person
may not act as a member of a local authority until –
(a) that
person has, at a meeting of the local authority following the election of that
person, made an oral declaration in the form set out in subclause (3); and
(b) a
written version of the declaration has been attested as provided under
subclause (2).
(2) The
written declaration must be signed by the member and witnessed by –
(a) the
chairperson; or
(b) the chief
executive of the local authority.”
COMMENT:
3. All elected members
will be asked to make the oral declaration (in the form shown as Attachment
1) and complete the signing and witnessing provisions.
DECISION MAKING PROCESS:
4. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that
the decision making provisions of the Act do not apply as the making and
attesting of declarations by members is specifically provided for under
Schedule 7, Part 1, Clause 14 of the Local Government Act 2004.
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RECOMMENDATION:
1. That all
elected members make their oral declarations and attest their written
declarations.
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Carol Gilbertson
Governance
and Public Transport Manager
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Andrew Newman
Chief
Executive
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Attachment/s
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Declaration by Members
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Attachment 1
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Declaration
by Member
I, ……………………………………………………., declare
that I will faithfully and impartially, and according to the best of my skill
and judgement, execute and perform, in the best interests of the Hawke’s Bay
Region, the powers, authorities and duties vested in or imposed upon me as a
member of the Hawke’s Bay Regional Council by virtue of the Local Government
Act 2002, the Local Government Official Information and Meetings Act 1987, or
any other Act.
Dated at Napier this 27th Day of October 2010.
Signature: ......................................................................................
Signed in the presence of:
.......................................................................................................
Andrew Newman
Chief Executive
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Adoption of Standing Orders
INTRODUCTION:
1. The Local Government
Act 2002 (Schedule 7, Part 1, Sec 27) requires that “A local authority must
adopt a set of standing orders for the conduct of its meeting and those of its
committees”.
COMMENT:
2. The adoption of New
Zealand Standard NZS 9202:2003 Model Standing Orders for meetings of Local
Authorities and Community Boards is recommended.
3. These Standing Orders
may be altered from time to time if circumstances warrant. They may also be
temporarily suspended if necessary. (For example this occurs when the Maori
Committee meets on a Marae).
4. The amendments proposed
to Standing Orders are those that have been considered and approved by previous
Councils.
5. A copy of NZ 9202:2003
has been supplied to all Councillors.
6. These Standing Orders
apply to all Council and Committee meetings of the Hawke's Bay Regional
Council.
7. Council should note
that to amend Standing Orders requires, in every case a vote of three-quarters
of the members present.
DECISION MAKING PROCESS:
8. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that
the decision making provisions of the Act do not apply as the adoption of
Standing Orders is specifically provided for under Schedule 7, Part 1, Section
27 of the Local Government Act 2004.
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RECOMMENDATIONS:
That the Hawke's Bay Regional Council adopt the New Zealand
Standard Model Standing Orders NZS 9202:2003 for meetings of Local
Authorities and Community Boards, with the following amendments:
1. Deleting Standing Order – Minutes of Proceedings – 3.17.3 and
replacing it with:
“Discussion on
matters arising from the Minutes of the previous minutes are to be allowed
under the separate agenda item: “Matters Arising from the Minutes of the
Meeting held on (insert date)”.
2. Inserting
Standing Order – In Part 2 Constitutional & Legislative Matters – 2.19:
“2.19. Use of Common Seal
a. The Chief Executive shall hold the Common Seal of the
Council and be responsible for the use of the same.
b. The Common Seal is to be used for all
land and property transactions; contracts that exceed the Chief Executive’s
delegation; all agreements executed by Council that have a term of more than
five (5) years; and for validating warrants.
c. The Common Seal is to be affixed with
the consent of the Chairperson or Deputy Chairperson and all such actions
reported to the Council.
d. Every document affixed with the Common
Seal of the Council shall be carried out by the Chief Executive or a Group
Manager, and the affixing of the Common Seal shall be witnessed by the Chief
Executive or a Group Manager, and by the Chairperson or Deputy Chairperson,
other than when the document is a warrant issued under Section 174(1) of the
Local Government Act 2002, or Section 38(5) of
the Resource Management Act 1991, in which case the Common Seal of the
Council shall be witnessed by only the Chief Executive.”
3. Deleting Standing Order - Part 1 - Constitutional & Legislative Matters
– 3.4.3 and replacing it as follows:
“The quorum at
any meeting of a local authority shall consist of half the members (including
vacancies) if the number of members is even, and a majority if the number is
odd other than for the Executive Committee of Council where the quorum shall
consist of a majority of members of the Committee.” – probably not needed
now
4. Delete Standing Orders 2.5.1(2) and 3.14.2 and replace with:
“The Chairperson
at any meeting has a deliberative vote and, in the case of equality of votes,
also has a casting vote.”
5. Amend
2.12.4 with the following (shown in bold):
“In the case of
each meeting to which Standing Order 2.12.1 applies, an agenda detailing the
business to be brought before that meeting together with relevant attachments
must be received by every member not less than two clear working days before
the day appointed for the meeting unless the Council or a Committee
resolves to accept receipt of attachments later than two clear working days
before the day appointed for the meeting.”
6. Amend 2.16
to add 2.16.6 to read:
“2.16.6 The Maori
Committee Chairman may remain for items discussed during the public excluded
part of all Council meetings.”
7. Amend
Standing Order 3.3.4 - Members to speak in places and address the chair, to
read:
“Members granted
the right to speak at meetings are to address the chairperson, and may not
leave their place without the leave of the chairperson. Members may remain
seated when speaking at ordinary and extraordinary meetings of the
local authority and at committee meetings.”
8. Amend
Standing Order 3.19 - Deputations and Public Presentations to include:
Deputations
and Public Presentations 3.19.1.a
The
chairperson may refuse any request for a public presentation or deputation on
any item that appears on the agenda for the day on which the presentation or
deputation is requested.
9. Amend
Standing Order 3.20 – Petitions to include:
Petitions
where heard 3.20.1.a
Petitions made to
the local authority or any of its committees must be lodged with the chief
executive at least 2 working days before the date of the meeting concerned,
and be approved by the chairperson. The chairperson may refuse petitions
which are repetitious or offensive.
Procedures
for Petitions 3.20.1.b
Except with the
approval of the local authority or committee, not more than 2 members of a
deputation may address the meeting. After a presentation is received, members
may put to the deputation any question pertinent to the subject heard, but no
member may express an opinion upon, or discuss the subject, until the
deputation has completed
making its
submissions and answering questions (see Standing Order 3.15.2 regarding
qualified privilege).
Petition
where presented by petitioner 3.20.5
Where a petition is
presented by a petitioner, unless the local authority determines otherwise, a
limit of 10 minutes is placed on that person (see Standing Orders 3.15.1 and
3.15.2 regarding qualified privilege).
If the chairperson
has reason to believe that the petitioner is disrespectful or offensive, or
has made statements with malice, the chairperson shall terminate the
presentation of the petition.
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Carol Gilbertson
Governance
and Public Transport Manager
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Paul Drury
Group
Manager Corporate Services
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Election of Chairperson
REASON FOR REPORT:
1. The election of the Chairperson is
included in the list of matters to be considered at the first meeting of a
local authority following the triennial election of members. This item is to
deal with this matter.
COMMENT:
2. The Local Government Act 2002 provides
direction for the election of a Chairperson. This must be done in accordance with
the voting requirements contained in Schedule 7, Part 1, sections 24 and 25.
The relevant matters from these sections state:
Section 24(3)
“An act or question coming before
the local authority must be done or decided by open voting.”
Section 25
“Voting systems for certain
appointments—
(1) This clause applies to—
(a) the
election or appointment of the chairperson and deputy chairperson of a regional
council; and
(b) ….
(c) the
election or appointment of the chairperson and deputy chairperson of a committee;
and
(2) If this
clause applies, a local authority or a committee (if the local authority has so
directed) must determine by resolution that a person be elected or appointed by
using one of the following systems of voting:—
(a) the voting system in subclause
(3) (`system A'):
(b) the voting system in subclause
(4) (`system B').
(3) System A —
(a) requires
that a person is elected or appointed if he or she receives the votes of a
majority of the members of the local authority or committee present and voting;
and
(b) has the following
characteristics:—
(i) there is a first round of
voting for all candidates; and
(ii) if no
candidate is successful in that round there is a second round of voting from
which the candidate with the fewest votes in the first round is excluded; and
(iii) if no
candidate is successful in the second round there is a third, and if necessary
subsequent, round of voting from which, each time, the candidate with the
fewest votes in the previous round is excluded; and
(iv) in any
round of voting, if 2 or more candidates tie for the lowest number of votes,
the person excluded from the next round is resolved by lot.
(4) System
B —
(a) requires that a person is elected or appointed if he or she
receives more votes than any other candidate; and
(b) has the following
characteristics:
(i) there is only 1 round of
voting; and
(ii) if 2 or
more candidates tie for the most votes, the tie is resolved by lot.”
3. The Council has previously adopted
System A and this is again being recommended to Council for adoption.
4. If System A is adopted the actual vote
will be conducted as follows:
4.1. Nominations for the position of
Chairperson will be called for which must be supported by a seconder (being a
different person) both of whom cannot be the person being nominated. A
Councillor can nominate more than one person.
4.2. Nominations will then be closed.
4.3. The first round of voting will then be
undertaken by show of hands and with only one vote per Councillor (ie: 9 in
total);
4.4. If there are three or more nominees and a
majority of Councillors (ie: 5) does not support one nominee then the candidate
with the fewest votes will be excluded from the next round. If 2 or more
candidates tie for the lowest number of votes, the person excluded from the next
round will be resolved by lot. In this instance the names of the 2 candidates
will be placed in a suitable container and the Council’s Electoral Officer will
draw a name from the container and this person will be excluded from the next
round.
4.5. A second and further round(s) of voting
will be conducted if necessary in the same way as described above.
4.6. In the event of an equality of votes for
the 2 remaining candidates the person excluded from the next round will be
resolved by lot, and the remaining candidate will be declared to be the
Chairperson.
5. If System B is adopted the actual vote
will be conducted as follows:
5.1. Nominations for the position of
Chairperson will be called for which must be supported by a seconder (being a
different person) both of whom cannot be the person being nominated. A
Councillor can nominate more than one person.
5.2. Nominations will then be closed.
5.3. The only round of voting will then be
undertaken by show of hands and with only one vote per Councillor (ie: 9 in
total);
5.4. If 2 or more candidates tie for the most
votes, the tie is resolved by lot(s) and the remaining candidate will be
declared to be the Chairperson.
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RECOMMENDATIONS:
That Council :
1. Resolve to adopt
voting system A for the election of the Chairperson of Council as detailed in
Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.
2. Confirm that in
the case of determination by lot the method used shall be for the Electoral
Officer of Council (Carol Gilbertson) to draw the name of the person to be
excluded
from the next round of voting from a suitable container with the Group
Manager Corporate Services acting as scrutineer during this process.
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Andrew Newman
Chief
Executive
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: The Making and Attesting of the
Declarations Required by the Chairperson
EASON FOR REPORT:
1. Schedule 7, Part 1,
clause 21 of the Local Government Act 2002 states:
“(4)
The chief executive (or, in the absence of the chief executive, a nominee
of that officer) must chair the meeting until the chairperson has made and
attested the declaration required under clause 14.”
2. Schedule 7, Part 1,
clause 14 of the Local Government Act 2002 states:
“(1) A person
may not act as a member of a local authority until –
(a) that
person has, at a meeting of the local authority following the election of that
person, made an oral declaration in the form set out in subclause (3); and
(b) a
written version of the declaration has been attested as provided under
subclause (2).
(2) The
written declaration must be signed by the member and witnessed by –
(a) the
chairperson; or
(b) the
chief executive of the local authority.”
COMMENT:
3. The Chairperson will be
asked to make the oral declaration (in the form annexed as Attachment 1)
and complete the signing and witnessing provisions.
DECISION MAKING PROCESS:
4. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that
the decision making provisions of the Act do not apply as the making and attesting
of declarations by the Chairperson is specifically provided for under Schedule
7, Part 1, Clause 14 of the Local Government Act 2004.
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RECOMMENDATION:
1. That
the Chairperson make their oral declaration and attest their written
declaration.
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Carol Gilbertson
Governance
and Public Transport Manager
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Andrew Newman
Chief
Executive
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Attachment/s
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1
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Declaration
by Chairperson
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Declaration by Chairperson
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Attachment 1
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Declaration
by Chairperson
I, ……………………………………………………………………, declare
that I will faithfully and impartially, and according to the best of my skill
and judgement, execute and perform, in the best interests of the Hawke’s Bay
Region, the powers, authorities and duties vested in or imposed upon me as a
member of the Hawke’s Bay Regional Council by virtue of the Local Government
Act 2002, the Local Government Official Information and Meetings Act 1987, or
any other Act.
Dated at Napier this 27th Day of October 2010.
Signature: ......................................................................................
Signed in the presence of:
.......................................................................................................
Andrew Newman
Chief Executive
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Election of Deputy Chairperson
REASON FOR REPORT:
1. The election of the Deputy Chairperson
is included in the list of matters to be considered at the first meeting of a
local authority following the triennial election of members. This item is to
deal with this matter.
COMMENT:
2. The responsibilities of Deputy
Chairperson are outlined in Schedule 7, Part 1, section 17(3) of the Local
Government Act, which states:
“(3) The
deputy mayor or deputy chairperson must perform all the responsibilities and
duties, and may exercise all the powers, of the mayor or chairperson,—
(a) with the
consent of the mayor or chairperson, at any time during the temporary absence
of the mayor or chairperson:
(b) without
that consent, at any time while the mayor or chairperson is prevented by
illness or other cause from performing the responsibilities and duties, or
exercising the powers, of his or her office:
(c) while
there is a vacancy in the office of the mayor or chairperson.”
3. The Local Government Act 2002 provides
direction for the election of a Deputy Chairperson. This must be done in
accordance with the voting requirements contained in Schedule 7, Part 1,
sections 24 and 25. The relevant matters from these sections state:
Section 24(3)
“An act or question coming before
the local authority must be done or decided by open voting.”
Section 25
“Voting systems for certain
appointments—
(1) This clause applies to—
(a) the
election or appointment of the chairperson and deputy chairperson of a regional
council; and
(b) ….
(c) the
election or appointment of the chairperson and deputy chairperson of a
committee; and
(2) If this
clause applies, a local authority or a committee (if the local authority has so
directed) must determine by resolution that a person be elected or appointed by
using one of the following systems of voting:—
(a) the voting system in subclause
(3) (`system A'):
(b) the voting system in subclause
(4) (`system B').
(3) System A—
(a) requires
that a person is elected or appointed if he or she receives the votes of a
majority of the members of the local authority or committee present and voting;
and
(b) has the
following characteristics:—
(i) there is
a first round of voting for all candidates; and
(ii) if no
candidate is successful in that round there is a second round of voting from
which the candidate with the fewest votes in the first round is excluded; and
(iii) if no
candidate is successful in the second round there is a third, and if necessary subsequent,
round of voting from which, each time, the candidate with the fewest votes in
the previous round is excluded; and
(iv) in any
round of voting, if 2 or more candidates tie for the lowest number of votes,
the person excluded from the next round is resolved by lot.
(4) System B—
(a) requires
that a person is elected or appointed if he or she receives more votes than any
other candidate; and
(b) has the
following characteristics:
(i) there is
only 1 round of voting; and
(ii) if 2 or
more candidates tie for the most votes, the tie is resolved by lot.”
4. The Council has previously adopted
System A and this is again being recommended to Council for adoption.
5. If System A is adopted the actual vote
will be conducted as follows:
5.1. Nominations for the position of Deputy
Chairperson will be called for, which must be supported by a seconder (being a
different person) both of whom cannot be the person being nominated. A
Councillor can nominate more than one person.
5.2. Nominations will then be closed.
5.3. The first round of voting will then be
undertaken by show of hands and with only one vote per Councillor (ie: 9 in
total);
5.4. If there are three or more nominees and a
majority of Councillors (ie: 5) does not support one nominee then the candidate
with the fewest votes will be excluded from the next round. If 2 or more
candidates tie for the lowest number of votes, the person excluded from the
next round will be resolved by lot. In this instance the names of the 2
candidates will be placed in a suitable container and the Council’s Electoral
Officer will draw a name from the container and this person will be excluded
from the next round.
5.5. A second and further round(s) of voting
will be conducted if necessary in the same way as described above.
5.6. In the event of an equality of votes for
the 2 remaining candidates the person excluded from the next round will be
resolved by lot, and the remaining candidate will be declared to be the Deputy
Chairperson.
6. If System B is adopted the actual vote
will be conducted as follows:
6.1. Nominations for the position of Deputy
Chairperson will be called for which must be supported by a seconder (being a
different person) both of whom cannot be the person being nominated. A
Councillor can nominate more than one person.
6.2. Nominations will then be closed.
6.3. The only round of voting will then be
undertaken by show of hands and with only one vote per Councillor (ie: 9 in
total);
6.4. If 2 or more candidates tie for the most
votes, the tie is resolved by lot(s) and the remaining candidate will be
declared to be the Deputy Chairperson.
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RECOMMENDATIONS:
That Council :
1. Resolve to adopt
voting system A for the election of the Deputy Chairperson of Council as
detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.
2. Confirm that in
the case of determination by lot the method used shall be for the Electoral
Officer of Council (Carol Gilbertson) to draw the name of the person to be
excluded from the next round of voting from a suitable container with the
Group Manager Corporate Services acting as scrutineer during this process.
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Andrew Newman
Chief
Executive
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: The Fixing of the Date and Time of
the First Ordinary Meeting of the Council
INTRODUCTION:
1. Schedule 7, Part 1, Section 21(5)(d) of
the Local Government Act 2002 requires the Council to set a date and time for
its first ordinary meeting following the triennial general elections.
DECISION MAKING PROCESS:
2. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that the
decision making provisions of the Act do not apply as the fixing of the date
and time of the first ordinary meeting of the Council is specifically provided
for under Schedule 7, Part 1, Section 21(5)(d) of the Local Government Act
2002.
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RECOMMENDATION:
1. That the first ordinary
meeting of the Hawke's Bay Regional Council be held on Wednesday, 3 November
2010 commencing at 9.00am.
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|
Carol Gilbertson
Governance
and Public Transport Manager
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Andrew Newman
Chief
Executive
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Schedule of Meetings to 31 December
2010
INTRODUCTION:
1. The Council traditionally adopts a
Schedule of Meetings in November for the next 12 months. However, it is
proposed to initially adopt the Schedule to 31 December 2010 and to adopt a
Meeting Schedule for 2011 at the November meeting of Council. This schedule has
been proposed on the assumption the proposed Committee Structure will be
adopted.
DECISION MAKING PROCESS:
2. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that
the decision making provisions of the Act do not apply as adoption of a
schedule of meetings is specifically provided for under Schedule 7, Part 1,
Section 21 of the Local Government Act 2002.
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RECOMMENDATIONS:
1. That the Schedule of Meetings below,
for November and December 2010, be adopted.
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November
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Wednesday,
3
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Full
Day
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9.00am
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Regional
Council (First Ordinary)
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Tuesday,
9
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Full
Day
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9.00am
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Asset
Management & Biosecurity Committee
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Wednesday,
10
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Full
Day
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9.00am
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Environmental
Management Committee
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Wednesday,
17
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Full
Day
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9.00am
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Strategic
Planning & Finance Committee
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Tuesday,
23
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Full
Day
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10.15am
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Māori Committee
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Wednesday,
24
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Full
Day
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9.00am
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Regional
Council
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December
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Thursday,
9
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Full
Day
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10.15am
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Regional
Transport Committee
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Tuesday,
14
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Full
Day
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10.15am
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Maori
Committee
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Wednesday,
15
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Full
Day
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9.00am
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Regional
Council
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Monday,
20
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TBC
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TBC
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Port
of Napier Annual General Meeting
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Carol Gilbertson
Governance
and Public Transport Manager
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Paul Drury
Group
Manager Corporate Services
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Council Prayer
REASON FOR REPORT:
1. For the past 20 years the Council has
followed the custom of commencing each meeting of the Regional Council with a
prayer. Each meeting the Chairperson rotates the reading of the prayer among
Councillors.
2. This prayer was compiled by previous
councillors, David Marshall and Judy Mills. It is considered this custom
continue and be formalised in the resolution to follow.
DECISION MAKING PROCESS:
3. Council is required
to make every decision in accordance with provisions of Part 6, sub-part 1 of
the Local Government Act 2002 (the Act). Staff have assessed requirements
contained in the sections of the Act in relation to this item and have
concluded that the decision making provisions of the Act do not apply as there
no consequential or significant impacts on any persons on the decision to be
made.
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RECOMMENDATIONS:
1. That the Hawke's Bay Regional Council commences its meetings with a prayer.
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|
Andrew Newman
Chief
Executive
|
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Local Government New Zealand
COMMENT:
1. The Council is a member of Local
Government New Zealand (LGNZ) which is the national body representing the
interests of all Local Authorities in New Zealand.
2. The Country is divided into 6 ‘Zones’
which meet periodically. The Chairperson has traditionally represented the
Council at these meetings and other Councillors may attend when relevant items
of interest appear on the agenda.
3. The Chairperson also attends, as the
Council’s representative, the Regional Affairs Committee which is a Committee
of LGNZ representing all Regional and Unitary Authorities.
4. It is necessary to formalise Council’s
representation on the various bodies of Local Government New Zealand.
DECISION MAKING PROCESS:
5. Council is required to
make every decision in accordance with provisions of Part 6, sub-part 1 of the
Local Government Act 2002 (the Act). Staff have assessed requirements contained
in the sections of the Act in relation to this item and have concluded that
the decision making provisions of the Act do not apply as Council is only
appointing a representative to represent the interests of the Council.
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RECOMMENDATIONS:
That Council :
1. Confirm
the delegate from the Hawke's Bay Regional Council at Zone 3 meetings of
Local Government New Zealand be the Chairperson of the Council or his/her
substitute.
2. Authorise
the Chairperson to vote at those meetings on behalf of the Hawke's Bay
Regional Council.
3. Appoint
the Chairperson as the Council’s representative on the Regional Affairs
Committee of Local Government New Zealand.
4. Delegate
to the Chairperson of the Hawke's Bay Regional Council the authority to respond
and input into matters relating to Local Government New Zealand, reporting as
necessary to the Council.
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Andrew Newman
Chief
Executive
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Local Government Official Information
and Meetings Act 1987
INTRODUCTION:
1. This Act applies to
every local authority in New Zealand. It has two main aspects – the
availability and the means of making available official and personal
information – and the rights of public access to meetings of local authorities.
A copy of this Act is held in the Councillors’ Lounge, for their reference.
COMMENT:
Official and Personal
Information
2. Official Information
includes virtually all information held by a local authority, or by any of its
members, officers or employees in their official capacities. It includes
files, records, letters, documents, manuals, written instructions, plans,
photographs, computer data and almost everything else that records some aspect
of the authority’s activities.
3. The over-riding
principle of the Act is that information is to be made available unless there
is good reason under the Act, to withhold it. The Act specifies
“Conclusive Reasons” for withholding Official Information and “Other Good
Reasons”.
4. Personal Information
is “official information held about an identifiable person”. Any personal
information held by a local authority must be made available to the individual
concerned upon request. There are limited reasons for withholding personal
information.
5. Every local
authority has a duty to assist any person who wishes to request information.
Time limits are established within which decisions on requests for information
must be communicated to inquirers. Refusal of a request must include the
reason and advice of the applicant’s right to complain to the Ombudsman.
6. It is impractical
for all requests for official or personal information to be considered by the
Council. Section 42 of the Act authorises the delegation to any officer or
employee of all or any of the local authority's powers under the Act except the
power to decide upon an Ombudsman’s recommendation.
Meeting of Local Authorities
7. Decision making
meetings of Councils and their committees are open to the public. Councils
must publish a list of all their meetings, their time and place in advance each
month. They must also make agendas and reports to be considered available to
the public before the meeting.
8. Councils may only
exclude the public from all of a meeting or part of a meeting for good reason.
Good reasons may include privacy of an individual or other need for
confidentiality. The Act sets down the possible reasons.
Publication of Structure and Functions
9. Every local authority
must produce a publication setting out its structure and functions. Contents
of the publication are detailed in Section 19 of the Act and must include:
9.1 Postal address, phone
number, locations of head office and all district offices.
9.2 Names of the presiding
member and all other members and, if there are wards, which ward each member
represents.
9.3 Names of standing
committees, chairperson and members.
9.4 Terms of Reference of
each standing committee.
9.5 An outline of the
authority’s management structure, with branches and division, names and
business phone numbers of divisional and branch supervisors and other senior
officers.
9.6 An outline of the
authority’s functions, responsibilities and activities.
9.7 A general description
of categories of documents held.
9.8 A description of all
manuals, and documents containing policies, principles, rule or guidelines (by
which decisions or recommendations may be made).
9.9 Particulars of the
officer(s) to whom requests for official information should be sent.
9.10 A statement of dates,
times and frequencies of all ordinary meetings of authority, and its committees
and sub-committees.
9.11 A schedule of all Acts
of Parliament and ordinances which confer any power or obligations on the local
authority by name and all current bylaws of the local authority.
10. This publication is covered by the Council’s Long Term
Council Community Plan 2009-19.
DECISION MAKING PROCESS:
11. There are no decisions required in relation to this item as it is
for information only.
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Recommendation:
1. That
Council note the information contained in this report.
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|
Carol Gilbertson
Governance
and Public Transport Manager
|
Paul Drury
Group
Manager Corporate Services
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 27 October 2010
SUBJECT: Other Laws Affecting Elected Members
REASON FOR REPORT:
1. A primary list of
the legislative framework under which the Council operates is contained in the
Council’s Annual Plan 2010/11 (Part 4, pages 2 & 3), a copy of which is
appended to this paper as attachment 1. In addition, Local Government NZ
has produced the “Elected Members’ Survival Handbook”, two copies of this are
kept in the Councillors Lounge for reference. There are more than 60 Acts of
Parliament which impose responsibilities on Council and Councillors.
2. Some of the more relevant Acts are:
Local Government Act 2002
This is the principal
piece of legislation which establishes the Council and determines the role and
functions of Council. The purpose, role and powers of local authorities (City
Councils, District Councils, Regional Councils and Community Boards) are set
out in Part 2 of the Act. Part 4 of the Act identifies the principles and
requirements for the governance and management of local authorities and
specifies where members are liable for certain actions and able to be
indemnified. Schedule 7 of the Act specifies numerous issues relevant to
elected members.
Public Finance Act 1977
This Act makes Councils and Councillors
individually accountable for:
· any unlawful
expenditure
· any liability
incurred illegally or
· when a Council
‘wilfully or negligently’ fails to collect money it is entitled to receive.
Secret Commissions Act 1910
This Act makes it an offence for a
Councillor or committee member to accept or attempt to obtain for themselves
(or any other person) a gift, inducement or reward for doing or not doing
something.
Crimes Act 1961
Section 105 makes it a
crime for any official to corruptly accept or obtain any bribe for themselves
or another person for doing, or failing to do, an action within their official
category.
Under Section 105A, an
official is also liable to imprisonment for up to seven years who “…corruptly
uses or discloses any information acquired by him in his official capacity to obtain
directly or indirectly an advantage or a pecuniary gain for himself or any
other person”.
Section 99 is an
interpretation clause and contains the definition of ‘official’. The term
includes “Any member or employee of any local authority”.
The Securities Act
1978
This Act requires that
a prospectus be issued, and compliance with other provisions, if the Council is
to seek to borrow money from members of the public.
The penalties for
breach of the Act are severe. Perhaps of greater significance is the fact that
liability could attach to members individually and not just to the Council.
Local Authorities
(Members’ Interests) Act 1968
This Act disqualifies a
person from election to, appointment to, or membership of, a Council or
committee if they have an interest in contracts to be let by that Council or
committee above a certain value.
This Act also prohibits
Council or committee members from voting on or taking part in discussion on any
matter in which they have a direct or indirect financial interest.
For Councillors
reference a copy of all the Acts outlined above are stored in the Councillors
Lounge, Council also has a fully annotated electronic statute library of all
relevant Acts available for viewing.
DECISION
MAKING PROCESS:
3. There are no decisions
required in relation to this item as it is for information only.
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Recommendation:
1. That
Council note the information contained in this report.
|
|
Carol Gilbertson
Governance
and Public Transport Manager
|
Paul Drury
Group
Manager Corporate Services
|
Attachment/s
|
1View
|
Extract from
Council's Annual Plan 2010/11
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|
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Extract from Council's Annual Plan
2010/11
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Attachment 1
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