Agenda of Regional Council Meeting

Meeting of the Hawke's Bay Regional Council

Date: Wednesday 26 October 2016

Time: 9.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Subject Page

9.00am

1. Mihi Whakatau

9.30am (approximately) Adjourn for refreshments

10.00am (approximately) Inaugural Meeting Reconvenes

Decision Items

2. The Making and Attesting of the Declarations Required by Members 3

3. Election of Chairman 7

4. The Making and Attesting of the Declaration Required by the Chairman 11

5. Election of Deputy Chairman 15

6. Council Prayer 19

7. The Fixing of the Date and Time of the First Ordinary Meeting of the Council 21

8. Proxy for the HBRIC Ltd Annual General Meeting 23

Information or Performance Monitoring

9. Local Government Official Information and Meetings Act 1987 27

10. Relative Laws and Legislation Affecting Elected Members 31

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: The Making and Attesting of the Declarations Required by Members

Reason for Report

1. Schedule 7, Part 1, clause 21 of the Local Government Act 2002 states:

“(4) The chief executive … 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) …

(b) the chief executive of the local authority.”

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. 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.

Recommendation

That all elected members make their oral declarations and attest their written declarations.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

Declaration by a Member

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Election of Chairman

Reason for Report

1. The election of the Chairman 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.

2. The Local Government Act 2002 provides direction for the election of a Chairman. 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 Chairman 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 (i.e. 9 in total).

4.4. If there are three or more nominees and a majority of Councillors (i.e. 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 Chairman.

5. If System B is adopted the actual vote will be conducted as follows.

5.1. Nominations for the position of Chairman 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 (i.e. 9 in total).

5.4. If 2 or more candidates tie for the most votes, the tie is resolved by lot and the remaining candidate will be declared to be the Chairman.

Decision Making Process

6. The election of the chairman is specifically provided for under Schedule 7, Part 1, Sections 21 and 25 of the Local Government Act 2002.

Recommendations

That Council:

1. Resolves to adopt voting system A for the election of the Chairman of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

2. Confirms that in the case of determination by lot the method used shall be for the Electoral Officer of Council (Leeanne Hooper) 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.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: The Making and Attesting of the Declaration Required by the Chairman

Reason for Report

1. Schedule 7, Part 1, clause 21 of the Local Government Act 2002 states:

“(4) The chief executive … 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.”

3. The Chairman will be asked to make the oral declaration (in the form as attached) and complete the signing and witnessing provisions.

Decision Making Process

4. The making and attesting of declarations by the Chairman is specifically provided for under Schedule 7, Part 1, Clause 14 of the Local Government Act 2002.

Recommendation

1. That the Chairman makes his/her oral declaration and attests their written declaration.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

Declaration by Chairman

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Election of Deputy Chairman

Reason for Report

1. The election of the Deputy Chairman 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.

2. The responsibilities of Deputy Chairman 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 Chairman. 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

(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

(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 Chairman 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 (i.e. 9 in total).

5.4. If there are three or more nominees and a majority of Councillors (i.e. 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 Chairman.

6. If System B is adopted the actual vote will be conducted as follows.

6.1. Nominations for the position of Deputy Chairman 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 (i.e. 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 Chairman.

Recommendations

That Council:

1. Resolves to adopt voting system A for the election of the Deputy Chairman of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002.

2. Confirms that, in the case of determination by lot, the method used shall be for the Electoral Officer of Council (Leeanne Hooper) 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.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Council Prayer

Reason for Report

1. For the past 26 years the Council has followed the custom of commencing each meeting of the Regional Council with a prayer. At each meeting the Chairman rotates the reading of the prayer among Councillors.

2. The prayer used was compiled by previous councillors, David Marshall and Judy Mills, and is in both Maori and English.

3. It is suggested this custom continues and is formalised by Council resolution.

Decision Making Process

4. Staff have assessed requirements contained in the Local Government Act in relation to this item and have concluded that as there are no consequential or significant impacts on any persons the decision making provisions of the Act do not apply.

Recommendations

That Council adopts the custom of commencing meetings of the Hawke's Bay Regional Council with a prayer.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Proxy for the HBRIC Ltd Annual General Meeting

Reason for Report

1. The purpose of this report is for Council to appoint a proxy, and alternate, to vote at the fifth Annual General Meeting of Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd).

Summary

2. HBRIC Ltd is intending to hold its Annual General Meeting on Monday 7 November 2016 in the Council Chamber, Hawke’s Bay Regional Council, 159 Dalton Street, Napier. The Council (as the shareholder) is required to appoint a proxy and alternate to attend this meeting and vote on the Council’s behalf at the meeting.

3. All Councillors are invited to the Annual General Meeting which will be held at 4.00pm in the Council Chamber, Hawke’s Bay Regional Council, 159 Dalton Street, Napier. A copy of the Notice of the Fifth Annual General Meeting of HBRIC Ltd is set out in Attachment 1.

4. With regards to appointing a proxy to attend this meeting, it is recommended that the proxy be given to the Chairman of the Council, with the alternate being the Deputy Chairman of the Council.

Decision Making Process

5. Decisions covering the Annual General Meeting of HBRIC Ltd are required to be made under the Companies Act 1993.

Recommendations

That Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to have an interest in the decision.

2. Notes the date of the Hawke’s Bay Regional Investment Company Limited Annual General Meeting is 7 November 2016.

3. Agrees that the Chairman of Hawke’s Bay Regional Council be appointed as Council’s proxy at the Fifth Annual General Meeting of the Hawke’s Bay Regional Investment Company Limited to be held at 4.00pm on Monday, 7 November 2016, and to vote as proxy holder on behalf of the Council, and that the Deputy Chairman of the Hawke’s Bay Regional Council act as alternate.

Authored by:

Diane Wisely

Executive Assistant

Approved by:

Andrew Newman

Chief Executive

Attachment/s

HBRIC Ltd AGM Public Notice 2016

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Local Government Official Information and Meetings Act 1987

Reason for Report

1. The Local Government Official Information and Meetings Act (LGOIMA) applies to every local authority in New Zealand.

2. The purposes LGOIMA (stated in Section 4 of the Act) are—

(a) to increase progressively the availability to the public of official information held by local authorities, and to promote the open and public transaction of business at meetings of local authorities, in order—

(i) to enable more effective participation by the public in the actions and decisions of local authorities; and

(ii) to promote the accountability of local authority members and officials,—

and thereby to enhance respect for the law and to promote good local government in New Zealand:

(b) to provide for proper access by each person to official information relating to that person:

(c) to protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy.

3. A hard copy of the Act is held in the Councillors’ Lounge, for reference, and is also available online at http://www.legislation.govt.nz/act/public/1987/0174/latest/DLM122242.html .

Official and Personal Information

4. 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, diary notes, computer data and anything else that records some aspect of the authority’s activities.

5. The over-riding principle of the Act is that information will be made available unless there are:

6 Conclusive reasons for withholding official information

Good reason for withholding official information exists, for the purpose of section 5, if the making available of that 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.

7 Other reasons for withholding official information

(1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available.

(2) Subject to sections 6, 8, and 17, this section applies if, and only if, 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—

(i) would disclose a trade secret; or

(ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or

(ba) 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 Maori, or to avoid the disclosure of the location of waahi tapu; or

(c) 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—

(i) would 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) would be likely otherwise to damage the public interest; or

(d) avoid prejudice to measures protecting the health or safety of members of the public; or

(e) avoid prejudice to measures that prevent or mitigate material loss to members of the public; or

(f) maintain the effective conduct of public affairs through—

(i) the free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5) applies, in the course of their duty; or

(ii) the protection of such members, officers, employees, and persons from improper pressure or harassment; or

(g) maintain legal professional privilege; or

(h) enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or

(i) enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or

(j) prevent the disclosure or use of official information for improper gain or improper advantage.

6. Any refusal to provide official information requested must include the reason for its refusal and advice of the applicant’s right to complain to the Ombudsman.

7. The Office of the Ombudsman provides useful guidance for responding to LGOIMA and OIA requests, available online at http://www.ombudsman.parliament.nz/resources-and-publications/guides/official-information-legislation-guides

8. It is impractical for all requests for official or personal information to be considered by the Council, and 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.

9. Requests for information are considered by the staff recipient in the first instance and dealt with in accordance with HBRC’s Official Information Request staff policy.

Meetings of Local Authorities

10. Decision making meetings of councils and their committees are open to the public and must be publicly notified (s.46), including start times and places they will be held, with agendas and associated reports to be considered available to the public beforehand (s.46A).

11. Councils may only exclude the public from all or part of a meeting for good reason, as specifically provided for by the Act.

Decision Making Process

12. As this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

That Council takes note of the information contained in the “Local Government Official Information and Meetings Act 1987” report.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Wednesday 26 October 2016

SUBJECT: Relative Laws and Legislation 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 2016-17, a copy of which has been provided to Councillors.

2. There are more than 60 Acts of Parliament which impose responsibilities on Council and Councillors.

Local Government Act 2002

3. 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, Unitary Authorities and Community Boards) are set out in Part 2 of the Act.

4. 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.

5. Schedule 7 of the Act specifies numerous issues relevant to elected members including remuneration, code of conduct, meeting procedures, etc.

6. A general explanation of several acts specified in LGA Schedule 7, following, are included in this report.

(A) the appropriate provisions of the Local Authorities (Members’ Interests) Act 1968; and

(B) sections 99, 105, and 105A of the Crimes Act 1961; and

(C) the Secret Commissions Act 1910; and

(D) the Financial Markets Conduct Act 2013; and

Local Authorities (Members' Interests) Act 1968

7. 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.

8. 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.

9. For Councillors’ reference, a copy of each of the Acts outlined above is stored in the Councillors’ Lounge. Council also has a fully annotated electronic statute library of all relevant Acts available for viewing.

Crimes Act 1961

10. Section 99 is an interpretation clause and contains the definition of ‘official’. The term includes “Any member or employee of any local authority”.

11. 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.

12. 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”.

Secret Commissions Act 1910

13. 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.

Financial Markets Conduct Act 2013

14. Under the Financial Markets Conduct Act 2013 elected members are essentially placed in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities). Elected members may be personally liable if documents that are registered under the Act, for example a product disclosure statement, contain false or misleading statements. Elected members may also be liable if the requirements of the Act are not met in relation to offers of financial products.

Public Records Act 2005

15. The Public Records Act’s purpose is to provide a framework to keep central and local government organisations accountable by ensuring records are full and accurate, well maintained and accessible. The Public Records Act 2005 provides for the continuity of the National Archives and the role of the Chief Archivist. The Act enables accountability by ensuring that full and accurate records of the affairs of local government are created and maintained. It also provides a framework within which local authorities create and maintain their records and has a role in enhancing public confidence in the integrity of local authority records.

16. The definition of a record includes information, whether in its original form or otherwise, and is not limited to just written information. The definition also includes (but is not limited to) a signature, a seal, text, images, sound, speech, or data in any medium and recorded or stored by any electronic device or process.

17. In the conduct of their affairs elected members may receive information directly, for example from constituents. Members will need to consider whether that information meets the definition of a local authority record and if so will need to ensure it is included in the Council’s records.

Health and Safety at Work Act 2015

18. On 4 April 2016, the Health and Safety at Work Act 2015 (HSWA) came into force. The HSWA provides a significant change to New Zealand’s recent health and safety legislation and is a response to the scrutiny placed on New Zealand’s health and safety practices following the Pike River tragedy.

19. The Act allocates duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace, and for the person conducting a business or undertaking (PCBU) (i.e. the Council) to ensure, as far as is reasonably practicable, the safety of workers and others who may be impacted by the work the business undertakes.

20. One of the significant changes is the introduction of “Officers”, who is any person occupying a position in relation to the business or undertaking, that allows the person to exercise significant influence over the management of the business or undertaking.

21. Officers have obligations of due diligence, which are:

21.1. to acquire, and keep up-to-date, knowledge of work health and safety matters; and

21.2. to gain an understanding of the nature of the operations of the business or undertaking of the PCBU, and generally of the hazards and risks associated with those operations; and

21.3. to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and

21.4. to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and

21.5. to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and

21.6. to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

22. The duties of the Officers and of the PCBU are independent of each other. This means if a PCBU has failed to meet its duty but the Officers exercised due diligence then they would not be personally liable for the health and safety failings.

23. For the purposes of the HSWA, elected Council members and the Chief Executive are by default identified as “Officers”. Elected members are exempt from the liabilities of failure to meet the due diligence duty. The focus of any liability is on the Council as the PCBU. The Chief Executive is understood to have significant personal liability in this capacity.

Decision Making Process

24. As this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

That Council takes note of the information contained in the “Relative Laws and Legislation Affecting Elected Representatives” report.

Authored by:

Leeanne Hooper

Governance & Corporate Administration Manager

Approved by:

Andrew Newman

Chief Executive

Attachment/s

There are no attachments for this report.