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Otautau
Community Board
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24 November 2016
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Code of Conduct –
COUNCIL, COMMUNITY BOARDS COMMUNITY DEVELOPMENT AREA sUBCOMMITTEES
Part One: Introduction
Schedule 7 of the Local Government Act 2002 (the Act)
requires Council to adopt a code of conduct. Once adopted, all elected members
are required to comply with the code.
In the context of this report, the term “elected
members” refers to Councillors, Community Board members and Community
Development Area Subcommittee (CDA) members.
This code of conduct provides guidance on the standards of
behaviour that are expected from all the elected members of the Southland
District Council. The code applies to elected members in their dealings with:
§ each other
§ the Chief Executive
§ all staff employed by the Chief Executive on
behalf of the Council
§ the media
§ the general public.
This code also applies to all Council committees,
Subcommittees and Community Boards.
The objective of the code is to enhance:
§ the effectiveness of the Council as the
autonomous local authority with statutory responsibilities for the good local
government of the Southland District
§ the credibility and accountability of the
Council within its community
§ mutual trust, respect and tolerance between the
elected members as a group and between the elected members and management.
This code of conduct seeks to achieve its objectives by
recording:
§ an agreed statement of roles and
responsibilities (recorded in Part Two of this Code)
§ agreed general principles of conduct (recorded
in Part Three of this Code)
§ specific codes of conduct applying to particular
circumstances or matters (also recorded in Part Three of this Code).
Elected members are primarily accountable to the electors
of the district through the democratic process. However, elected members must
note that the Auditor-General may hold them to account for unlawful actions or
expenditure or for breaches of the Local Authorities (Members’ Interests)
Act 1968.
The code of conduct that follows is based on the following
general principles of good governance:
§ Public interest. Elected members should serve only the interests of the
district as a whole and should never improperly confer an advantage or
disadvantage on any one person.
§ Honesty and integrity. Elected members should not place
themselves in situations where their honesty and integrity may be questioned,
should not behave improperly and should on all occasions avoid the appearance
of such behaviour.
§ Objectivity. Elected members should make decisions on merit including
making appointments, awarding contracts, or recommending individuals for
rewards or benefits. Elected members should also note that, once elected, their
primary duty is to the interests of the entire district, not the ward or
community that elected them.
§ Accountability. Elected members should be accountable to the public for
their actions and the manner in which they carry out their responsibilities,
and should cooperate fully and honestly with the scrutiny appropriate to their
particular office.
§ Openness. Elected members should be as open as possible about their
actions and those of the Council, and should be prepared to justify their
actions.
§ Personal judgment. Elected members can and will take account of the views of
others, but should reach their own conclusions on the issues before them, and
act in accordance with those conclusions.
§ Respect for others. Elected members should promote equality by not discriminating
unlawfully against any person and by treating people with respect, regardless
of their race, age, religion, gender, sexual orientation, or disability. They
should respect the impartiality and integrity of the Council staff.
§ Duty to uphold the law. Elected members should uphold the law, and on
all occasions, act in accordance with the trust the public places in them.
§ Stewardship. Elected members must ensure that the Council uses
resources prudently and for lawful purposes, and that the Council maintains
sufficient resources to meet its statutory obligations.
§ Leadership. Elected members should promote and support these
proposals by example, and should always endeavour to act in the best interests
of the community.
Part Two: Roles and
Responsibilities
This part of the code describes the roles and
responsibilities of elected members, the additional roles of the Mayor and
Deputy Mayor, and the role of the Chief Executive.
Mayor
The Mayor is elected by the district as a whole and as one
of the elected members shares the same responsibilities as other members of
Council. The Mayor also has the following roles as a:
§ presiding member at Council meetings. The Mayor
is responsible for ensuring the orderly conduct of business during meetings (as
determined in standing orders);
§ advocate on behalf of the community. This role
may involve promoting the community and representing its interests. Such
advocacy will be most effective where it is carried out with the knowledge and
support of the Council;
§ ceremonial head of Council;
§ providing leadership and feedback to other
elected members on teamwork and Chairmanship of committees; and
§ Justice of the Peace (while the Mayor holds office).
The Mayor must follow
the same rules as other elected members about making public statements and
committing the Council to a particular course of action, unless acting in
accordance with the rules for media contact on behalf of the Council under a
delegation of authority from the Council.
Recent changes to the
Local Government Act 2002 have provided additional powers to the Mayor.
These powers relate to:
§ The appointment of the Deputy Mayor and
Committee Chairpersons
§ The determination of the Committee structure
§ Leadership of budget, plans and key policy
discussions.
Deputy Mayor
The Deputy Mayor may be
appointed by the Mayor. If the Mayor declines to do this, then the Deputy
Mayor must be elected by the members of Council, at the first meeting of the
Council. The Deputy Mayor exercises the same roles as other elected members,
and if the Mayor is absent or incapacitated, the Deputy Mayor must perform all
of the responsibilities and duties, and may exercise the powers, of the Mayor
(as summarised above). The Deputy Mayor may be removed from office by
resolution of Council.
Committee Chairpersons
As noted above, the Mayor has the power to appoint
Chairpersons and to form Committees. If the Mayor declines to do this
then the Council may create one or more committees of Council. A committee
Chairperson presides over all meetings of the committee, ensuring that the
committee acts within the powers delegated by Council, and as set out in the
Council’s Delegations Manual. Committee Chairpersons may be called on to
act as an official spokesperson on a particular issue. They may be removed from
office by resolution of Council.
Councillors
Councillors acting as the Council, are responsible for:
§ the development and adoption of Council policy
§ monitoring the performance of the Council
against its stated objectives and policies
§ prudent stewardship of Council resources
§ employment of the Chief Executive
§ representing the interests of the residents and
ratepayers of the Southland District Council. (On election, the members’
first responsibility is to the district as a whole.)
Unless otherwise provided in the Local Government Act 2002
or in standing orders, the Council can only act by majority decisions at
meetings. Each elected member has one vote. Any individual elected member
(including the Mayor) has no authority to act on behalf of the Council unless
the Council has expressly delegated such authority.
Community Boards
Within the Southland
District there are eight community boards:
§ Edendale-Wyndham Community Board
§ Otautau Community Board
§ Riverton/Aparima Community Board
§ Stewart Island/Rakiura Community Board
§ Te Anau Community Board
§ Tuatapere Community Board
§ Wallacetown Community Board
§ Winton Community Board
The community board
elected members, acting as the community board, have the role to:
§ represent, and act as an advocate for, the
interests of its community
§ consider and report on all matters referred to
it by the Southland District Council, or any matter of interest or concern to
the community board
§ maintain an overview of services provided by the
Southland District Council within the community
§ prepare an annual submission to the Southland
District Council for expenditure within the community
§ communicate with community organisations and
special interest groups within the community
§ undertake any other responsibilities that are
delegated to it by the Southland District Council.
Community Development Area Subcommittees
Within the Southland
District there are 19 CDAs:
§ Athol CDA
§ Balfour CDA
§ Browns CDA
§ Colac Bay CDA
§ Dipton CDA
§ Garston CDA
§ Gorge Road CDA
§ Limehills/Centre Bush CDA
§ Lumsden CDA
§ Manapouri CDA
§ Mossburn CDA
§ Nightcaps CDA
§ Ohai CDA
§ Orepuki CDA
§ Riversdale CDA
§ Thornbury CDA
§ Tokanui CDA
§ Waikaia CDA
§ Woodlands CDA
The CDA elected members,
acting as the CDA, have the role to:
§ represent, and act as an advocate for, the
interests of its community
§ consider and report on all matters referred to
it by the Southland District Council, or any matter of interest or concern to
the CDA
§ maintain an overview of services provided by the
Southland District Council within the community
§ prepare an annual submission to the Southland
District Council for expenditure within the community
§ communicate with community organisations and
special interest groups within the community
§ undertake any other responsibilities that are
delegated to it by the Southland District Council.
Chief Executive
The Chief Executive is
appointed by the Council in accordance with section 42 of the Local Government
Act 2002. The Chief Executive is responsible for implementing and managing the
Council's policies and objectives within the budgetary constraints established
by the Council. In terms of section 42 of the Act, the responsibilities of the
Chief Executive are:
§ implementing the decisions of the Council
§ providing advice to the Council and community
boards
§ ensuring that all responsibilities, duties and
powers delegated to the Chief Executive or to any person employed by the Chief
Executive, or imposed or conferred by any Act, regulation or bylaw are properly
performed or exercised
§ managing the activities of the local authority
effectively and efficiently
§ maintaining systems to enable effective planning
and accurate reporting of the financial and service performance of the local
authority
§ providing leadership for the staff of the local
authority
§ employing staff on behalf of the local authority
(including negotiation of the terms of employment for the staff of the local
authority).
The Chief Executive is
accountable to Council directly and not to Community Boards or Community
Development Area Subcommittees.
Under section 42 of the
Local Government Act 2002 the Chief Executive employs all other staff on behalf
of the local authority.
Meeting Attendance
Elected members are
expected to attend and participate in all Council meetings, Standing Committee
meetings and sub-committee meetings to which they have been appointed, unless
they have submitted an apology or obtained a leave of absence in advance for
non-attendance.
All Councillors are
expected to attend all workshops and those hearings that are held as part of
the consultation process on Council documents, such as the Annual Plan and Long
Term Plan.
From time to time,
working parties will be established by the Council or a Standing Committee to
achieve specific outcomes. Elected members are expected to make
themselves available to be appointed to an equitable share of these working
parties, and to attend all meetings of those to which they are appointed.
Appointments to Other Bodies
At the first meeting
following the triennial elections and on other occasions (as appropriate)
Council will appoint elected members to a variety of other bodies.
These appointments will
be made on the basis of the best person for the specific role bearing in mind
the skills required, the views of the Council and location of the elected
member.
Relationships and Behaviours
This part of the code sets out the agreed standards of
behaviour. Some of the matters described in this part of the code reflect other
legislation such as the Local Authorities (Members’ Interests) Act 1968.
The majority of the code is material that the Council has decided to include of
its own initiative.
Relationships with Other Elected Members
Successful teamwork is
a critical element in the success of any democratically elected organisation.
No team will be effective unless mutual respect exists between members. With
this in mind elected members will conduct their dealings with each other in
ways that:
§ maintain public confidence in the office to
which they have been elected
§ are open and honest
§ focus on issues rather than personalities
§ avoid aggressive, offensive or abusive conduct
§ treat people with courtesy and respect.
Elected members shall
maintain the respect and dignity of their office in their dealings with each
other, Council officers and the public.
Elected members should
also note that discussions are not subject to privilege.
Elected members will
act in good faith (i.e. honestly, for the proper purpose, and without exceeding
their powers) in the interests of the Council and the community.
Elected members should
remember that they have no personal power to commit the Council to any
particular policy, course of action or expenditure and must not represent they
have such authority if that is not the case.
Elected members will
make no allegations regarding other elected members or Council officers which
are improper or derogatory.
In the performance of
their official duties, elected members should refrain from any form of conduct
which may cause any reasonable person unwarranted offence or embarrassment.
Relationships with Staff
The effective
performance of Council also requires a high level of cooperation and mutual
respect between elected members and staff. To ensure that level of cooperation
and trust is maintained, elected members will:
§ recognise that the Chief Executive is the
employer (on behalf of Council) of all Council employees, and as such only the
Chief Executive may hire, dismiss or instruct or censure an employee
§ make themselves aware of the obligations that
the Council and the Chief Executive have as employers and observe those
requirements at all times
§ treat all employees with courtesy and respect
(including the avoidance of aggressive, offensive or abusive conduct towards
employees)
§ observe any guidelines that the Chief Executive
puts in place regarding contact with employees
§ not do anything which compromises, or could be
seen as compromising, the impartiality of an employee
§ avoid publicly criticising any employee in any
way, but especially in ways that reflect on the competence and integrity of the
employee
§ raise concerns about employees only with the
Chief Executive, and concerns about the Chief Executive only with the Mayor or
the Executive Committee.
Elected members should
be aware that failure to observe this portion of the code of conduct may
compromise the Council’s obligations to act as a good employer and may
expose the Council to civil litigation and audit sanctions.
Elected members should
raise operational issues with the Chief Executive in the first instance.
If it is a routine matter such as repairing a pothole, cutting of vegetation or
footpath repairs, the issue should be logged with Customer Support who will
enter the issue into our Request for Service system (RFS). This enables
progress on these issues to be monitored.
Relationships with the Community
Effective Council decision-making depends on productive
relationships between elected members and the community at large.
Members should ensure that individual citizens are accorded
respect in their dealings with the Council, have their concerns listened to,
and deliberated on in accordance with the requirements of the Act.
Members should act in a manner that encourages and values
community involvement in local democracy.
Contact with the Media
The media plays an important part in local democracy. In
order to fulfil this role the media needs access to accurate, timely
information about the affairs of Council. From time to time, individual elected
members will be approached to comment on a particular issue either on behalf of
Council, or as an elected member in their own right. This part of the code
deals with the rights and duties of elected members when speaking to the media
on behalf of Council, or in their own right.
The following rules
apply for media contact on behalf of Council:
§ the Mayor is the first point of contact for the
official view on any issue. Where the Mayor is absent, any matters will be
referred to the Deputy Mayor or relevant committee Chairperson
§ the Mayor may refer any matter to the relevant
committee Chairperson or to the Chief Executive for their comment
§ no other elected member may comment on behalf of
Council without having first obtained the approval of the Mayor.
Elected members are
free to express a personal view in the media provided the following rules are
observed:
§ media comments must not state or imply that they
represent the views of Council
§ where an elected member is making a statement
that is contrary to a Council decision or Council policy, the member must not
state or imply that his or her statements represent a majority view
§ media comments must observe the other
requirements of the code of conduct, or legislation e.g. not disclose
confidential information, or compromise the impartiality or integrity of staff.
§ the elected member should ensure that any
comments made do not compromise Council’s statutory
responsibilities. In other words, it would not be appropriate to comment
on matters before the Regulatory and Consents Committee, where this might
compromise the statutory decision-making processes.
Meeting Decisions
Every elected member
who has the right to speak can lawfully express his or her opinion at any
Council or Committee meeting within the limits imposed by Standing
Orders. These meetings are open to the media and their comments may be
reported.
Once a matter has been
determined at a Council meeting, it becomes the Council’s position until
it is lawfully changed by a subsequent Council decision. All elected
members and staff will respect this position.
The Mayor can make
statements that accurately report Council decisions.
Committee Chairs can
make statements that accurately report their Committee’s decisions, or
factual statements about Council or Committee decisions.
Confidential Information
In the course of their
duties elected members will occasionally receive information that may need to
be treated as confidential. This will generally be information that is either
commercially sensitive or is personal to a particular individual or
organisation.
Elected members must
not use or disclose confidential information for any purpose other than the
purpose for which the information was supplied to the elected member. Decisions
on whether confidential information is able to be released are to be made by
the Chief Executive in accordance with the provisions of the Local Government
Official Information and Meetings Act 1987.
Elected members should
be aware that failure to observe these provisions will impede the performance
of Council by inhibiting information flows and undermining public confidence in
the Council. Failure to observe these provisions may also expose Council to prosecution
under the Privacy Act 1993 and/or civil litigation.
Information Received in Capacity as an Elected Member
Any information
received by an elected member in his/her capacity as an elected member is
official information under the Local Government Official Information and
Meetings Act 1987 (LGOIMA). As such the Council has a requirement to hold that
information in accordance with the provisions of LGOIMA and the Public Records
Act 2005. As such a copy of any such information should be provided to the
Chief Executive so that it can be held in accordance with Council record
management policies.
This duty of disclosure
will require elected members to whom information may be offered on the basis
that confidence be preserved to inform the intended provider of the information
of the duty of disclosure and to decline to receive the information if that
duty is likely to be compromised.
Responding to Queries Involving Liability Issues
Elected members need to
ensure they respond to queries in an appropriate manner and with due regard to
the legal position of Council. At times, elected members are asked to
become involved in legal disputes or insurance claims. Such matters
should be referred to the Chief Executive. It is important that Council
act in an appropriate manner with regard to legal and insurance issues.
Often our insurance cover depends on the way we address or manage an issue.
Training, Conferences and Induction
Following the triennial
election, the Chief Executive will organise induction training for all elected
members who require it. This will address the role of elected members and
provide valuable information about what an elected member needs to know.
Council has a budget
for training and development of elected members. From time to time
consideration will be given to attendance at the Local Government New Zealand
Conference, Local Government New Zealand Zone meetings and New Zealand Planning
Institute Conference. Other conferences or meetings may also be
considered.
If an elected member
wishes to attend a conference or meeting, then he or she should discuss this
with the Mayor.
In the case of a
Community Board or Community Committee elected member, an approach should be
made to the Chairperson.
Costs incurred with
attending training and conferences will be managed in accordance with the
Elected Member Remuneration and Reimbursements Policy and the Sensitive
Expenditure Policy.
Conflicts of Interest
Elected members must be
careful that they maintain a clear separation between their personal interests
and their duties as an elected member. This is to ensure that people who fill
positions of authority carry on their duties free from bias (whether real or
perceived). Elected members therefore need to familiarise themselves with the
provisions of the Local Authorities (Members’ Interests) Act 1968 which
concerns financial interests, and with other legal requirements concerning
non-financial conflicts of interest.
The Act provides that
an elected member is disqualified from office, or from election to office, if
that member is concerned or interested in contracts under which payments made
by or on behalf of the local authority exceed $25,000 in any financial year.
Additionally, elected
members are prohibited from participating in any Council discussion or vote on
any matter in which they have a pecuniary interest, other than an interest in
common with the general public. The same rules also apply where the elected
member’s spouse contracts with the authority or has a pecuniary interest.
Elected members must declare their interests at Council meetings where matters
in which they have a pecuniary or other conflict of interest arise.
Elected members shall annually
make a general declaration of interest as soon as practicable after becoming
aware of any such interests. These declarations are recorded in a register of
interests maintained by Council. The declaration must notify the Council of the
nature and extent of any interest, including:
§ any employment, trade or profession carried on
by the elected member or the elected member’s spouse for profit or gain
§ any company, trust, partnership etc for which
the elected member or their spouse is a director, partner, trustee or
beneficiary
§ the address of any land in which the elected
member has a beneficial interest and which is in the Southland District Council
§ the address of any land where the landlord is
the Southland District Council and:
§ the elected member or their spouse is a tenant,
or
§ the land is tenanted by a firm in which the
elected member or spouse is a partner, or a company of which the elected member
or spouse is a director, or a trust of which the elected member or spouse is a
trustee or beneficiary
§ any other matters which the public might
reasonably regard as likely to influence the elected member’s actions
during the course of their duties as an elected member.
If the elected member
is in any doubt as to whether or not a particular course of action (including a
decision to take no action) raises a conflict of interest, then the elected
member should seek guidance from the Chief Executive immediately.
Elected members may
also contact the Office of the Auditor General for guidance as to whether that
member has a pecuniary interest. If there is a pecuniary interest, the elected
member may seek an exemption to allow that elected member to participate or
vote on a particular issue in which they may have a pecuniary interest. The
latter must be done before the discussion or vote. The Chief Executive must
also seek approval from the Office of the Auditor General for contractual
payments to elected members, their spouses or their companies that exceed the
$25,000 annual limit.
Failure to observe the
requirements of the Local Authorities (Members’ Interests) Act 1968 could
potentially invalidate the particular decision made, or the action taken, by
Council. Failure to observe these requirements could also leave the elected
member open to prosecution under the Local Authorities (Members’
Interests) Act 1968. In the event of a conviction elected members can be ousted
from office.
Standing Orders
Elected members must
adhere to any standing orders adopted by Council under the Local Government Act
2002. These standing orders are subject to the same legal requirements as a
code of conduct with regard to their adoption and amendment.
Ethics
Southland District
Council seeks to promote the highest standards of ethical conduct amongst its
elected members. Accordingly, elected members will:
§ claim only for legitimate expenses as laid down
by any determination of the Remuneration Authority then in force, and any
lawful policy of Council developed in accordance with that determination
§ not influence, or attempt to influence, any
Council employee to take actions that may benefit the elected member, or the
elected member’s family or business interests
§ Only use Council resources (including
facilities, staff, equipment and supplies) effectively and economically in the
course of their duties, and within other guidelines, and not in connection with
any election campaign or other personal business.
§ not solicit, demand, or request any gift, reward
or benefit by virtue of their position
§ notify the Chief Executive if any gifts are
accepted
§ where a gift to the value of $300 excluding GST
or more is offered to an elected member, immediately disclose this to the Chief
Executive for inclusion in the register of interests.
Acceptance of
substantial gifts, favours or hospitality may be construed as a bribe or
perceived as undue influence. Working meals and social occasions should
be undertaken in an appropriate manner.
Disqualification of Members from Office
Elected members are
automatically disqualified from office if they are convicted of a criminal
offence punishable by two or more years’ imprisonment, or if they cease
to be or lose their status as an elector or are convicted of certain breaches
of the Local Authorities (Members’ Interests) Act 1968.
Under the Local
Government Act 2002, local authorities, when adopting a code of conduct, must
consider whether or not they will require elected members to declare whether
they are an undischarged bankrupt. This Council believes that bankruptcy does
raise questions about the soundness of a person’s financial management
skills and their judgment in general. The Council therefore requires elected
members who are declared bankrupt to notify the Chief Executive as soon as
practicable after being declared bankrupt.
Part Four: Compliance and Review
This part deals with
ensuring that elected members adhere to the code of conduct and mechanisms for
the review of the code of conduct.
Compliance
Elected members must
note that they are bound to comply with the provisions of this code of conduct
(Local Government Act 2002, Schedule 7, section 15(4)).
Elected members are
also bound by the Local Government Act 2002, the Local Authorities
(Members’ Interests) Act 1968, the Local Government Official Information
and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and
the Securities Act 1978. The Chief Executive will ensure that an explanation of
these Acts is made at the first meeting after each triennial election and that
copies of these Acts are freely available to elected members.
Short explanations of
the obligations that each of these has with respect to conduct of elected
members is attached in the Appendix to this code.
All alleged breaches of
the code should be reported to the Mayor or Chief Executive. Any
allegation of a breach of a code of conduct must be in writing, make a specific
allegation of a breach of the code of conduct, and provide corroborating
evidence.
In response to a
breach, the Executive Committee will investigate the alleged breach and prepare
a report for the consideration of Council. Before beginning any investigation,
the committee will notify the elected member(s) in writing of the complaint and
explaining when and how they will get the opportunity to put their version of
events.
The Council will
consider the report in open meeting of Council, except where the alleged breach
relates to the misuse of confidential information, could impinge on the privacy
of a member of staff or of the general public or other good reason, as defined
in LGOIMA, exists for considering it in public excluded.
Responses to Breaches of the Code
The exact nature of the
action the Council may take depends on the nature of the breach and whether
there are statutory provisions dealing with the breach.
Where there are
statutory provisions:
§ breaches relating to members’ interests
render elected members liable for prosecution by the Auditor-General under the
Local Authority (Member’s Interests) Act 1968
§ breaches which result in the Council suffering
financial loss or damage may be reported on by the Auditor-General under the
Local Government Act 2002, which may result in the elected member having to
make good the loss or damage
§ breaches relating to the commission of a
criminal offence may leave the elected member liable for criminal prosecution.
In these cases the
Council may refer an issue to the relevant body, any member of the public may
make a complaint, or the body itself may take action of its own initiative.
Where there are no
statutory provisions, the Council may take the following action:
§ censure
§ removal of the elected member from Council
committees and/or other representative type bodies
§ dismissal of the elected member from a position
as Deputy Mayor or Chair of a committee.
A decision to apply one or more of these actions requires a
Council resolution to that effect.
Review
Once adopted, a code of
conduct continues in force until amended by the Council. The code can be
amended at any time but cannot be revoked unless the Council replaces it with
another code. Once adopted, amendments to the code of conduct require a resolution
supported by 75 per cent or more of the elected members of the Council present.
Council will formally
review the code as soon as practicable after the beginning of each triennium.
The results of that review will be presented to Council for their consideration
and vote.
Appendix to the Code of Conduct
Legislation Bearing on the Role and Conduct of Elected
Members
This is a summary of
the legislation requirements that has some bearing on the duties and conduct of
elected members. Copies of these statutes can be found in the Council
library or in the office of the Chief Executive.
Local Authority
(Members’ Interests) Act 1968
This Act regulates
situations where an elected member’s personal interests impinge, or could
be seen as impinging on their duties as an elected member.
The Act provides that
an elected member is disqualified from office if that elected member is
concerned or interested in contracts under which payments made by or on behalf
of the local authority exceed $25,000 in any financial year.
Additionally, elected
members are prohibited from participating in any Council discussion or voting
on any matter in which they have a pecuniary interest, other than an interest
in common with the general public. The same rules also apply where the
elected member’s spouse contracts with the authority or has a pecuniary
interest.
Members may also
contact the Office of the Auditor General for guidance as to whether that
elected member has a pecuniary interest, and if so, may seek an exemption to allow
that elected member to participate or vote on a particularly issue in which
they may have a pecuniary interest. The latter must be done before the
discussion or vote. The Chief Executive must also seek approval from the
Office of the Auditor General for contractual payments to elected members,
their spouses or their companies that exceed the $25,000 annual limit.
Failure to observe
these requirements could also leave the elected member open to prosecution
under the Local Authority (Members’ Interests) Act 1968. In the
event of a conviction elected members can be ousted from office.
Local Government
Official Information and Meetings Act 1987
The Local Government
Official Information and Meetings Act 1987 sets out a list of meetings
procedures and requirements. Of particular importance for the roles and
conduct of elected members is the fact that the Chair has the responsibility to
maintain order at meetings, but all elected members should accept a personal
responsibility to maintain acceptable standards of address and debate. No
elected member should:
§ create a disturbance or a distraction while
another elected member is speaking
§ be disrespectful when they refer to each other
or other people
§ use offensive language about the Council, other
elected members, any employee of the Council or any member of the public.
The Local Government
Official Information and Meetings Act 1987 sets out the rules around provision
of information. This is summarised as follows:
Official Information
The term “Official
Information” refers to all information (with a few exceptions) held by a
local authority. The Local Government Official Information and Meetings
Act 1987 requires all official information to be available to the public unless
there are good reasons for withholding it.
Requesting Information
In brief, the Act
states:
· requests should be made with “due
particularity” (rather than asking for all files about a general topic,
which creates a large amount of work) (section 10)
· it is the duty of Council to assist people making requests
(section 11)
· the Council must convey its decision on whether to grant
the request within 20 working days and must also indicate any charges (section
13)
· information in documents may be made available by providing
an opportunity for reading it or by providing a copy of it or by providing a
summary or excerpt; however, it should be made available in the way preferred
by the requestor unless there are reasons for not doing so (section 15).
Refusing Requests for
Information
A request may be
refused (section 17) if:
§ there is good reason to withhold it under
section 6 or 7 of the Act
§ the information will soon be publicly available
§ the local authority does not actually hold the
information
§ the information cannot be made available without
substantial collation or research
§ the request is frivolous or vexatious.
Where a request is
refused the Council must give its reasons and advise the requestor that there
is a right to have the decision review by the Ombudsmen.
Sections 6 and 7 give
the following reasons for withholding information:
§ making it available would be likely to prejudice
the maintenance of the law, or endanger safety
§ withholding the information is necessary to:
- protect
privacy
- protect information where its release would disclose a
trade secret or would prejudice the commercial position of the person who
supplied, or who is the subject of the information
- avoid offence to tikanga Maori or avoid disclosure of wahi
tapu locations
- protect any obligations of confidentiality where making it
available would affect the future supply of information or would otherwise
damage the public interest
- maintain free and frank discussion or protect officers and
elected members from harassment
- maintain legal professional privilege
- enable the Council to carry out without prejudice or
disadvantage commercial activities or negotiations
- prevent the use of information for improper gain.
Crimes Act 1961
Under this Act it is
unlawful for an elected member (or officer) to:
§ accept or solicit for themselves (or anyone
else) any gift or reward for acting or not acting in relation to the business
of Council
§ use information gained in the course of their
duties for their, or another person's, monetary gain or advantage.
These offences are
punishable by a term of imprisonment of seven years or more. Elected
members convicted of these offences will also be automatically ousted from
office.
Securities Act 1978
The Securities Act 1978
essentially places elected members in the same position as company directors
whenever Council offers stock to the public. Elected members may be
personally liable if investment documents such as a prospectus contain untrue
statements and may be liable for criminal prosecution if the requirements of
the Act are not met.
Please note that
Council is not required to produce a prospectus following the enactment of the
Securities (Local Authority Exemption) Amendment Act 2008. In its place a
shorter investment statement is required.
Local Government Acts 1974 and 2002
The various provisions
of the Local Government Act 1974 and 2002 form the basis of local
government. Local government is a creature created by statute and in
place to meet the requirements of the Local Government Act.
Elected members should
be aware of the purpose of local government (section 10 Local Government Act
2002)
1. The
purpose of local government is:
(a) to
enable democratic local decision-making and action by, and on behalf of,
communities; and
(b) to
meet the current and future needs of communities for good quality local
infrastructure, local public services, and performance of regulatory functions
in a way that is most cost-effective for households and businesses.
2. In
this Act, good quality, in relation to local infrastructure, local public
services and performance of regulatory functions, means infrastructure,
services and performance that are:
(a) efficient;
and
(b) effective;
and
(c) appropriate
to present and anticipated future circumstances.
In performing its role
a local authority must have particular regard to the contribution that the
following core services make to its communities
(a) network
infrastructure;
(b) public
transport services;
(c) solid
waste collection and disposal;
(d) the
avoidance or mitigation of natural hazards;
(e) libraries,
museums, reserves, recreational facilities and other community infrastructure
“(1) In performing its
role, as outlined in section 14 of the Local Government Act 2002, a local
authority must act in accordance with the following principles:
(a) a local authority should -
(i) conduct
its business in an open, transparent and democratically accountable manner; and
(ii) give
effect to its identified priorities and desired outcomes in an efficient and
effective manner.
(b) a local authority
should make itself aware of, and should have regard to, the views of all of its
communities; and
(c) when
making a decision, a local authority should take account of:
(i) the
diversity of the community, and the community’s interests, within its
district or region; and
(ii) the
interests of future as well as current communities; and
(iii) the
likely impact of any decision on the interests referred to in subparagraphs (i)
and (ii)
(d) a
local authority should provide opportunities for Maori to contribute to its
decision-making processes:
(e) a
local authority should collaborate and co-operate with other local authorities
and bodies as it considers appropriate to promote or achieve its priorities and
desired outcomes, and make efficient use of resources; and
(f) a local authority should
undertake any commercial transactions in accordance with sound business
practices; and
(fa) a local authority should
periodically -
(i) assess the expected
returns to the authority from investing in, or undertaking a commercial
activity; and
(ii) satisfy itself that the
expected returns are likely to outweigh the risks inherent in the investment or
activity; and
(g) a
local authority should ensure prudent stewardship and the efficient and
effective use of its resources in the interests of its district or region; and
(h) in
taking a sustainable development approach, a local authority should take into
account:
(i) the social,
economic, and cultural interests of people and communities; and
(ii) the
need to maintain and enhance the quality of the environment; and
(iii) the
reasonably foreseeable needs of future generations.”
Sections
44-46 of the Local Government Act 2002 outline action that can be taken by the
Auditor General to recover a loss incurred by a local authority:
“(1) For the purposes of this
section and sections 45 and 46, a local authority is to be regarded as having
incurred a loss to the extent that any of the following actions and omissions
has occurred and the local authority has not been fully compensated for the
action or omission concerned:
(a) money belonging to,
or administrable by, a local authority has been unlawfully expended; or
(b) an asset has been
unlawfully sold or otherwise disposed of by the local authority; or
(c) a liability has been
unlawfully incurred by the local authority; or
(d) a local authority
has intentionally or negligently failed to enforce the collection of money it
is lawfully entitled to receive.”
The Auditor General has the right to recover any such loss from each
member of the local authority jointly and severally.
The Local Government Act deals with issues of governance, structure of
local government, planning, decision-making and accountability, regulatory and
enforcement, offences, penalties and other proceedings.
Resource Management Act 1991
This Act governs how Council should deal with land use and other
planning processes. The Resource Management Act sets out to provide a
range of rules that support a sustainable environment but also permits local
autonomy based around the development of a District Plan that applies to each
individual local authority.
Privacy Act 1993
The Privacy Act 1993 explains how Council should manage issues to do
with information it holds to conduct its business. This could involve
individual records relating to ratepayers or staff records for employees of
Council.
Council must comply with the requirements of this Act and as part of
this process a staff member has been appointed as the designated Privacy
Officer. Any queries in relation to the Privacy Act should be directed to
the Chief Executive in the first instance.
Health and Safety at Work Act 2015
Council has obligations to provide a safe working place for staff and
members of the public. Attendance to health and safety concerns is part
of the responsibility of each staff member and elected member.
Significant penalties exist where the provisions of the Health and Safety at Work Act 2015 are not adhered to.
Public Audit Act 2001
Council is publicly accountable under the provisions of the Public Audit
Act 2001. As a result of this, an annual audit is undertaken under the
direction of the Auditor General. This audit reviews the financial and
non-financial performance of Council through the development and reporting of
the Annual Report.
