Local Authorities (Members' Interests) Act 1968

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

not the latest version

Search within this Act

Contents
Previous section
Next section
Tag section
Remove
Previous hit
Next hit

Reprint as at 1 July 2017

Local Authorities (Members’ Interests) Act 1968

Public Act		1968 No 147
Date of assent		18 December 1968
Commencement		18 December 1968

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

An Act to consolidate and amend the law relating to the making of contracts between local authorities and the members thereof, and to the restrictions on the actions of such members when matters in which they have a pecuniary interest are under consideration

1 Short Title

This Act may be cited as the Local Authorities (Members’ Interests) Act 1968.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

contract, in relation to any local authority, means a contract made by any person directly with the local authority; and includes any relationship with the local authority which is intended to constitute a contract but is not an enforceable contract; but does not include any contract for the employment of any person as an officer or servant of the local authority; and contractor has a corresponding meaning

incorporated company means a company incorporated under the Companies Act 1993 or any former Companies Act or a society incorporated under the Industrial and Provident Societies Act 1908 or any former Industrial and Provident Societies Act

local authority means—

(a)

every local authority or public body of any of the classes for the time being specified in Part 1 of Schedule 1:

(b)

every local authority or public body for the time being referred to in Part 2 of Schedule 1

partner, in the phrase “spouse or partner”, means a civil union partner or a de facto partner

subcontract, in relation to any contract made by a local authority, means a subcontract made with the contractor under that contract, or with another subcontractor, to do any work or perform any service or supply any goods or do any other act to which the head contract relates; and includes any subsidiary transaction relating to any such contract or subcontract; and subcontractor has a corresponding meaning.

(2)

For the purposes of this Act, a company shall be deemed to control another company if it owns 50% or more of the issued capital of that other company or is able to control the exercise of 50% or more of the total voting powers exercisable by all the members of that other company.

(3)

The Governor-General may from time to time, by Order in Council, amend Schedule 1 by including therein the name of any class of local authorities or public bodies or the name of any specified local authority or public body.

See secondary legislation made under this Act (if published on this website)

Compare: 1954 No 49 s 2

Section 2(1) incorporated company: amended, on 1 July 1997, pursuant to section 2(1) of the Companies Act Repeal Act 1993 (1993 No 126).

Section 2(1) partner: inserted, on 13 October 2007, by section 4(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

3 Disqualifying contracts between local authorities and their members

(1)

Except as provided in subsection (3), no person shall be capable of being elected as or appointed to be or of being a member of a local authority or of any committee of a local authority, if the total of all payments made or to be made by or on behalf of the local authority in respect of all contracts made by it in which that person is concerned or interested exceeds $25,000 in any financial year.

(2)

For the purposes of subsection (1), a member of a local authority or of a committee thereof shall be deemed to be concerned or interested in a contract made by a local authority with an incorporated company, if—

(a)

the member or his spouse or partner singly or between them own, whether directly or through a nominee, 10% or more of the issued capital of the company or of any other company controlling that company; or

(b)

the member or his spouse or partner is a member of the company, and either of them is the managing director or the general manager (by whatever names they are called) of the company; or

(c)

the member or his spouse or partner is a member of a company controlling the company with which the contract is made and either of them is the managing director or the general manager (by whatever names they are called) of that controlling company; or

(d)

the member or his spouse or partner is the managing director or general manager (by whatever names they are called) of the company and either of them is a member of a company controlling that company:

provided that nothing in this subsection shall apply with respect to the spouse or partner of any member where, at the time when the contract was entered into,—

(i)

the member and his spouse or partner were living apart; or

(ii)

in any case to which paragraph (a) applies, the member did not know and had no reasonable opportunity of knowing that his spouse or partner owned any part of the issued capital of the company or of any company controlling that company; or

(iii)

in any case to which paragraph (b) or paragraph (c) or paragraph (d) applies, the member did not know and had no reasonable opportunity of knowing that his spouse or partner was a member of the company or of the controlling company, as the case may be, or held any of the offices specified in any of those paragraphs.

(2A)

For the purposes of subsection (1), a member of a local authority or of a committee thereof shall be deemed to be concerned or interested in a contract made by the local authority in which his spouse or partner is concerned or interested (not being a contract made with an incorporated company):

provided that nothing in this subsection shall apply with respect to the spouse or partner of any member where, at the time when the contract was entered into,—

(a)

the member and his spouse or partner were living apart; or

(b)

the member did not know and had no reasonable opportunity of knowing that his spouse or partner was concerned or interested in the contract.

(3)

Notwithstanding anything in subsection (1),—

(a)

no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made in any special case with the prior approval of the Auditor-General on the application of the local authority. In any such special case the Auditor-General may authorise the payment and receipt of such amount as it thinks fit:

(aa)

a person shall be deemed not to have been disqualified by virtue of his being concerned or interested in any contract made in any special case where, on the application of the local authority, the subsequent approval of the Auditor-General is obtained; which approval shall be given only if the Auditor-General is satisfied that—

(i)

there is a sufficient special reason why prior approval was not obtained under paragraph (a); and

(ii)

prior approval would have been obtained under paragraph (a) if that approval had been sought:

(ab)

no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made on behalf of the local authority by an employee or committee of the local authority (unless the member of the local authority is a member of that committee) acting under delegated authority, where it is verified in writing to the Auditor-General, by such 1 or more persons and in such manner as the Auditor-General requires, that the member did not know and had no reasonable opportunity of knowing of that contract at the time it was made:

(b)

where a person is concerned or interested in any contract solely by reason of being concerned or interested in any subcontract relating thereto, the provisions of this section shall, with the necessary modifications, apply to him as if references in this section to the amount payable by or on behalf of the local authority in respect of a contract were references to the amount payable by or on behalf of the contractor in respect of the subcontract:

(c)

in assessing under this section the amount of any payment made or to be made by or on behalf of the local authority in respect of any contract, no account shall be taken of any sum paid or to be paid as a refund of a deposit:

(d)

an interest in—

(i)

any loan raised by the local authority, whether on security or otherwise; or

(ii)

any payments made or to be made in respect of advertisements inserted by the local authority in any newspaper; or

(iii)

any lease granted or agreed to be granted to the local authority; or

(iv)

any payment received by way of compensation under the Public Works Act 1981 for any loss, damage, or injury suffered by reason of the exercise of any power under that Act; or

(v)

any advance made by the local authority under the Rural Housing Act 1939; or

(vi)

any advance made or guarantee given by the local authority under Part 32 of the Local Government Act 1974; or

(vii)

any contract for the supply of goods or services made during a state of emergency declared, or a transition period for which notice is given, under the Civil Defence Emergency Management Act 2002, if that contract does not continue for more than 1 month after the end of that state of emergency or transition period, and if the goods or services are supplied at charges not in excess of those normally applying in the district of the local authority or in the area under its jurisdiction at the time immediately preceding the state of emergency or transition period,—

shall not constitute a disqualification under this section:

(e)

[Repealed]

(f)

no person shall be disqualified under this section by virtue of his being concerned or interested in any contract made before his election or appointment, if before that election or appointment his obligation in respect of the contract had been performed and the amount to be paid by or on behalf of the local authority in respect of the contract had been fixed; and any payment made thereafter by or on behalf of the local authority in respect of the contract shall not operate to disqualify that person for continuing to hold office or be taken into account for the purpose of calculating the amount that may be lawfully paid to him as a member of the local authority or, as the case may be, of a committee thereof in the same financial year in respect of any contract or contracts:

(g)

no person shall be disqualified under this section by virtue of his being concerned or interested in any contract, whether of a continuing nature or otherwise, made before his election or appointment and in respect of which his obligations have not been performed before that election or appointment, where the amount to be paid by or on behalf of the local authority in respect of the performance of the contract has been fixed in that contract subject to such amendments and additions as may be provided for in the contract, or, where the amount to be paid by or on behalf of the local authority in respect of the performance of the contract is not ascertainable until the contract has been performed, if—

(i)

the contract is for a continuous period not exceeding 12 months from the date on which the contract is made; or

(ii)

the contract is for a continuous period exceeding 12 months from the date on which the contract is made and that person has, with the consent of the local authority, relinquished that contract before acting as a member and within 1 month after the date of his election or appointment, as the case may be;—

and any payment made thereafter by or on behalf of the local authority in respect of the contract shall not operate to disqualify that person for continuing to hold office or be taken into account for the purpose of calculating the amount that may be lawfully paid to him as a member of the local authority or, as the case may be, of a committee thereof in the same financial year in respect of any contract or contracts:

(h)

no person shall be disqualified under this section by virtue of his being concerned or interested in any contract as an administrator or a trustee of any estate or trust in which he is not a beneficiary, or as the manager appointed under the Protection of Personal and Property Rights Act 1988:

(i)

no person shall be disqualified under this section by virtue of his being concerned or interested in any agreement entered into pursuant to section 81 of the Noxious Plants Act 1978:

(j)

no person who is a member of a community board is disqualified under this section by virtue of that person or that person’s spouse or partner being concerned or interested in any contract made by a territorial authority, if—

(i)

the contract, except for any preliminary work associated with it, is to be performed wholly outside the area under the jurisdiction of the community board of which that person is a member; and

(ii)

the contract is one in which the community board has no jurisdiction or control or which has not been reported on to the territorial authority by the community board; and

(iii)

neither that person nor that person’s spouse or partner is also a member of the territorial authority that made the contract.

(3A)

Nothing in subsection (3)(j)(iii) applies with respect to the spouse or partner of a member where, at the time when the contract was entered into, the member and the member’s spouse or partner were living apart.

(4)

For the purposes of subsection (3)(j), territorial authority has the same meaning as in the Local Government Act 2002.

Compare: 1954 No 49 s 3; 1962 No 80 s 2; 1963 No 98 s 2

Section 3(1): substituted, on 5 November 1982, by section 2(1) of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Section 3(2): substituted, on 26 October 1971, by section 3 of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 3(2)(a): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2)(b): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2)(c): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2)(c): amended, on 8 November 1974, by section 2(1) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 3(2)(d): added, on 8 November 1974, by section 2(1) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 3(2)(d): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2) proviso: amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2) proviso paragraph (i): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2) proviso paragraph (ii): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2) proviso paragraph (iii): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2) proviso paragraph (iii): amended, on 8 November 1974, by section 2(2)(a) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 3(2) proviso paragraph (iii): amended, on 8 November 1974, by section 2(2)(b) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 3(2A): inserted, on 26 October 1971, by section 3 of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 3(2A): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2A) proviso: amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2A) proviso paragraph (a): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2A) proviso paragraph (b): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(3)(a): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Section 3(3)(aa): inserted, on 5 November 1982, by section 3 of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Section 3(3)(aa): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Section 3(3)(ab): inserted (as paragraph (aa)), on 26 October 1971, by section 4(1) of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 3(3)(ab): paragraph number substituted, on 5 November 1982, by section 3 of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Section 3(3)(ab): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Section 3(3)(d)(iv): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 3(3)(d)(vi): amended, on 1 April 1980, by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).

Section 3(3)(d)(vii): replaced, at 9.59 pm on 29 November 2016, by section 42 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).

Section 3(3)(e): repealed, on 5 November 1982, by section 4(1) of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Section 3(3)(h): amended, on 1 October 1988, pursuant to section 117(3) of the Protection of Personal and Property Rights Act 1988 (1988 No 4).

Section 3(3)(i): amended, on 1 April 1979, pursuant to section 119(1) of the Noxious Plants Act 1978 (1978 No 15).

Section 3(3)(j): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 3(3)(j): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(3)(j)(iii): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(3A): inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 3(3A): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(4): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

4 Extraordinary vacancy created and person affected disqualified for re-election or reappointment

(1)

If any person, while holding office as a member of any local authority or of a committee thereof, becomes incapable of continuing to hold office under section 3, his office shall thereby be vacated, and the vacancy shall be deemed an extraordinary vacancy and shall be dealt with in the manner (if any) provided by law for dealing with extraordinary or casual vacancies in the membership of that local authority or committee, as the case may be, and, if no provision exists for dealing with extraordinary or casual vacancies, may be dealt with in such manner as the Governor-General, by Order in Council, prescribes.

(2)

Every person whose office is vacated pursuant to subsection (1) shall thereby be disqualified for being elected or appointed as a member of the local authority or committee, as the case may be, until the next general or ordinary election or appointment, as the case may be, of members thereof.

See secondary legislation made under this Act (if published on this website)

Compare: 1954 No 49 s 4

5 Penalty for acting unlawfully

Every person commits an offence who does any act as a member of any local authority or of a committee thereof while incapacitated under section 3, and is liable on conviction to a fine not exceeding $200.

Compare: 1954 No 49 s 5

Section 5: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

6 Member of local authority or committee not to discuss or vote on question in which he has pecuniary interest

(1)

A member of a local authority or of a committee thereof shall not vote on or take part in the discussion of any matter before the governing body of that local authority or before that committee in which he has, directly or indirectly, any pecuniary interest, other than an interest in common with the public.

(1A)

Nothing in subsection (1) shall apply in any case where a member of a local authority or a committee of the local authority has been elected by or appointed to represent any activity, industry, business, organisation, or group of persons and his pecuniary interest is not different in kind from the interests of other persons in the activity, industry, business, organisation, or group by which the member is elected or in respect of which he is appointed.

(2)

For the purposes of subsection (1), where an incorporated company has, directly or indirectly, a pecuniary interest in a matter before the governing body of a local authority or before a committee thereof, a member of the local authority or, as the case may be, of the committee shall be deemed to have a pecuniary interest in the matter, if—

(a)

(b)

the member or his spouse or partner is a member of the company, and either of them is the managing director or the general manager (by whatever names they are called) of the company; or

(c)

the member or his spouse or partner is a member of a company controlling the company having a pecuniary interest in the matter before the governing body of the local authority or, as the case may be, before the committee, and either the member or his spouse or partner is the managing director or the general manager (by whatever names they are called) of that controlling company; or

(d)

the member or his spouse or partner is the managing director or general manager (by whatever names they are called) of the company having a pecuniary interest in the matter before the governing body of the local authority or, as the case may be, before the committee, and either of them is a member of a company controlling that company.

(2A)

Where the spouse or partner of a member of a local authority or of any committee thereof has, directly or indirectly, a pecuniary interest in a matter before the governing body of a local authority or before a committee thereof as the owner or one of the owners (otherwise than as a member of an incorporated company) of an estate or interest in any real or personal property or of any business or as a party to any contract or proposed contract with the local authority, the member shall, for the purposes of subsection (1), be deemed to have a pecuniary interest in the matter.

(2B)

Nothing in subsection (2) or subsection (2A) shall apply with respect to the spouse or partner of any member where, at the time when the member took part in the discussion of or, as the case may be, voted on the matter before the local authority or committee, the member and his spouse or partner were living apart.

(3)

Nothing in subsection (1) shall apply with respect to any of the following matters:

(a)

any payment to or for the benefit of a member where it is legally payable and the amount or maximum amount or the rate or maximum rate of the payment has already been fixed; or

(b)

any contract of insurance insuring members against personal accident; or

(c)

an election or appointment of a member of the local authority to any office, notwithstanding that any remuneration or allowance is or may be payable in respect of that office; or

(d)

any formal resolution to seal or otherwise complete any contract or document in accordance with a resolution already adopted; or

(e)

the preparation, recommendation, approval, or review of a district plan under the Resource Management Act 1991 or any section of such a scheme, unless the matter relates to any variation or change of or departure from a district scheme or section thereof or to the conditional use of land as defined in that Act; or

(ea)

the preparation, recommendation, approval, or review of general schemes under the Soil Conservation and Rivers Control Act 1941 for the preventing or minimising of damage by floods and by erosion; or

(eb)

the preparation, recommendation, approval, or review of reports as to the effect or likely effect on the environment of any public work or proposed public work within the meaning of the Public Works Act 1981; or

(f)

any matter in which, in the opinion of the Auditor-General given before the vote or discussion and on written application to the Auditor-General for his or her opinion, the pecuniary interest of a member is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in voting on or taking part in the discussion of that matter.

(4)

Notwithstanding anything in subsection (1), the Auditor-General may, of his or her own motion or upon written application made to him or her by the member concerned, declare that that subsection shall not apply with respect to any specified matter or specified class of matter to be considered by the local authority or committee, as the case may be, if the Auditor-General is satisfied that the application of that subsection would impede the transaction of business by the local authority or committee or that it would be in the interests of the electors or inhabitants of the district of the local authority or of the area under its jurisdiction that the subsection should not apply.

(5)

Any person who under subsection (1) is prohibited from voting on or taking part in the discussion of any matter at any meeting at which he is present shall, when the matter is raised before the local authority or committee of which he is a member, declare to the meeting that he has a pecuniary interest in the matter, and the fact of the disclosure of interest and of the abstention from discussion and voting shall be recorded in the minutes of the meeting. Any such record in the minutes of the meeting shall be prima facie evidence of its contents, in the event of any question arising as to whether a member made a disclosure of interest and abstained from discussion and voting.

(6)

Notwithstanding anything in subsection (1), a member of any of the following bodies:

(a)

the University Grants Committee:

(b)

the Council of Massey University:

(c)

the Council of the University of Auckland:

(d)

the Council of the University of Canterbury:

(e)

the Council of the University of Otago:

(f)

the Council of the University of Waikato:

(g)

the Council of the Victoria University of Wellington:

(gg)

[Repealed]

(h)

the Council of Lincoln University:

(i)

[Repealed]

(j)

[Repealed]

(k)

[Repealed]

shall be entitled to take part in the discussion before that body, or any committee thereof, of any matter that directly or indirectly affects his salary or allowances, but shall not be entitled to vote thereon.

Compare: 1954 No 49 s 5A(1); 1957 No 60 s 2(1); 1961 No 54 s 14(3); 1965 No 94 s 2; 1966 No 10 s 2(8)

Section 6(1A): inserted, on 5 November 1982, by section 5 of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Section 6(2): substituted, on 26 October 1971, by section 5 of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 6(2)(a): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(2)(b): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(2)(c): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(2)(c): amended, on 8 November 1974, by section 3(1) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 6(2)(d): added, on 8 November 1974, by section 3(1) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 6(2)(d): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(2A): inserted, on 26 October 1971, by section 5 of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 6(2A): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(2B): inserted, on 26 October 1971, by section 5 of the Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40).

Section 6(2B): amended, on 13 October 2007, by section 4(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 6(3)(a): substituted, on 13 December 1979, by section 3 of the Local Authorities (Members’ Interests) Amendment Act 1979 (1979 No 97).

Section 6(3)(e): amended, on 1 October 1991, pursuant to section 373(1) of the Resource Management Act 1991 (1991 No 69).

Section 6(3)(ea): inserted, on 8 November 1974, by section 3(2) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 6(3)(eb): inserted, on 8 November 1974, by section 3(2) of the Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97).

Section 6(3)(eb): amended, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 6(3)(f): amended, on 1 July 2001, by section 52 of the Public Audit Act 2001 (2001 No 10).

Section 6(4): amended, on 1 July 2001, by section 52 of the Public Audit Act 2001 (2001 No 10).

Section 6(6)(gg): repealed (without coming into force), on 23 July 1990, by section 50(5) of the Education Amendment Act 1990 (1990 No 60).

Section 6(6)(h): amended, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 6(6)(i): repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 6(6)(j): repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 6(6)(k): repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

7 Penalty for discussing or voting when pecuniarily interested

(1)

Where any person does any act in contravention of or fails to comply with any provision of subsection (1) of section 6, he commits an offence and is liable on conviction to a fine not exceeding $100.

(2)

It shall be a defence in proceedings for an offence against subsection (1) if the defendant proves that when he took part in the discussion of, or, as the case may be, voted on, the matter before the local authority or committee he did not know and had no reasonable opportunity of knowing that he had a pecuniary interest in that matter other than an interest in common with the public.

(3)

On the conviction of any person under subsection (1), he shall be deemed to have been granted leave of absence from the local authority and from every committee thereof, and shall not be capable of acting as a member of the local authority or of any committee thereof—

(a)

if no appeal is lodged against the conviction, until the time for lodging an appeal against the conviction has expired:

(b)

if an appeal is lodged against the conviction, until the appeal is determined.

(4)

Where the period of leave of absence of any member has expired pursuant to subsection (3) and the conviction has not been quashed or set aside,—

(a)

the office of the member shall be vacated; and

(b)

the vacancy shall be deemed an extraordinary vacancy, and shall be dealt with in the manner (if any) provided by law for dealing with extraordinary or casual vacancies in the membership of that local authority or committee. If no provision exists for dealing with extraordinary or casual vacancies, the vacancy may be dealt with in such manner as the Governor-General, by Order in Council, prescribes.

See secondary legislation made under this Act (if published on this website)

Compare: 1954 No 49 s 5(2); 1957 No 60 s 2(1)

Section 7(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

8 Auditor-General to institute proceedings

The Auditor-General shall, either on investigation following receipt of a complaint or of his or her own motion, if he or she considers the circumstances warrant it, institute the necessary proceedings against any person for an offence against this Act, and no such proceedings shall be taken by any other person.

Compare: 1954 No 49 s 6

Section 8 heading: amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Section 8: amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

9 Repeals, revocations, and amendment

(1)

The enactments specified in Schedule 2 are hereby repealed.

(2)

The orders specified in Schedule 3 are hereby revoked.

(3)

[Repealed]

(4)

Any provisions in any enactment restraining the members of any local authority or of a committee thereof from contracting with the local authority, either wholly or beyond certain limits, or disqualifying as members of the local authority or of any such committee any persons so contracting, and all provisions incidental to any such first-mentioned provisions, shall, except so far as that enactment expressly provides to the contrary, be read subject to the provisions of this Act.

Section 9(3): repealed, on 1 December 1978, by section 4(8)(h) of the New Zealand National Airways Corporation Dissolution Act 1978 (1978 No 48).

Schedule 1 Local authorities and public bodies to which this Act applies

s 2(1)

Part 1 Classes of local authorities or public bodies

Class of local authority or public body		Enactment under which constituted

Administering bodies under the Reserves Act 1977		Reserves Act 1977 (1977 No 66)

Catchment Boards		Soil Conservation and Rivers Control Act 1941 (1941 No 12)

Cemetery trustees		Burial and Cremation Act 1964 (1964 No 75)

Community Arts Councils		Arts Council of New Zealand Toi Aotearoa Act 2014 (2014 No 1)

Community Boards		Local Government Act 2002 (2002 No 84)

Domain Boards		Reserves and Domains Act 1953 (1953 No 69)

Drainage Boards		Land Drainage Act 1908 (1908 No 96)

Education Boards		Education Act 1964 (1964 No 135)

Governing bodies of community colleges		Education Act 1964 (1964 No 135)

Governing bodies of teachers’ colleges		Education Act 1964 (1964 No 135)

Governing bodies of technical institutes		Education Act 1964 (1964 No 135)

Harbour Boards		Harbours Act 1950 (1950 No 34), and special Acts constituting individual Boards

Industry Training Boards		Vocational Training Council Act 1982 (1982 No 54)

Licensing Trusts		Sale of Liquor Act 1989 (1989 No 63)

Local boards		Local Government Act 2002 (2002 No 84) and Local Government (Auckland Council) Act 2009 (2009 No 32)

Nassella Tussock Boards		Noxious Plants Act 1978 (1978 No 15): Part 2

Pest Destruction Boards		Agricultural Pests Destruction Act 1967 (1967 No 147)

Provincial Patriotic Councils		Patriotic and Canteen Funds Act 1947 (1947 No 63)

Railway Boards		Local Railways Act 1914 (1914 No 32)

Regional Arts Councils		The Queen Elizabeth the Second Arts Council of New Zealand Act 1974 (1974 No 67)

Regional councils		Local Government Act 2002 (2002 No 84)

Regional Employment and Access Councils		Access Training Scheme Act 1988 (1988 No 108)

Regional Planning Authorities		Town and Country Planning Act 1977 (1977 No 121)

Regional Water Boards		Water and Soil Conservation Act 1967 (1967 No 135)

River Boards		River Boards Act 1908 (1908 No 165)

Secondary Schools Councils		Education Act 1964 (1964 No 135)

Territorial authorities		Local Government Act 2002 (2002 No 84)

Town Councils		Local Government Act 1974 (1974 No 66)

Schedule 1 Part 1: amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 1 Part 1: amended, on 30 April 2014, by section 27 of the Arts Council of New Zealand Toi Aotearoa Act 2014 (2014 No 1).

Schedule 1 Part 1: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Schedule 1 Part 1: amended, on 25 October 2001, by section 17 of the Education Standards Act 2001 (2001 No 88).

Schedule 1 Part 1: amended, on 7 October 1994, by section 96(1) of the Energy Companies Act 1992 (1992 No 56).

Schedule 1 Part 1: amended, on 1 July 1994, by section 34(3) of the Arts Council of New Zealand Toi Aotearoa Act 1994 (1994 No 19).

Schedule 1 Part 1: amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

Schedule 1 Part 1: amended, on 1 April 1990, pursuant to section 230(2) of the Sale of Liquor Act 1989 (1989 No 63).

Schedule 1 Part 1: amended, on 18 May 1989, by section 24(2) of the School Trustees Act 1989 (1989 No 3).

Schedule 1 Part 1: amended, on 1 July 1988, by section 28 of the Access Training Scheme Act 1988 (1988 No 108).

Schedule 1 Part 1: amended, on 1 April 1988, by section 43(5)(g) of the Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 48).

Schedule 1 Part 1: amended, on 1 March 1983, by section 89(1) of the Dog Control and Hydatids Act 1982 (1982 No 42).

Schedule 1 Part 1: amended, on 16 November 1982, by section 49(2) of the Vocational Training Council Act 1982 (1982 No 54).

Schedule 1 Part 1: amended, on 5 November 1982, by section 4(2)(a) of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Schedule 1 Part 1: amended, on 5 November 1982, by section 4(2)(b) of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Schedule 1 Part 1: amended, on 5 November 1982, by section 4(2)(c) of the Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37).

Schedule 1 Part 1: amended, on 1 April 1981, by section 80(1) of the National Parks Act 1980 (1980 No 66).

Schedule 1 Part 1: amended, on 1 April 1979, pursuant to section 119(1) of the Noxious Plants Act 1978 (1978 No 15).

Schedule 1 Part 1: amended, on 1 June 1978, pursuant to section 178(2) of the Town and Country Planning Act 1977 (1977 No 121).

Schedule 1 Part 1: amended, on 1 April 1978, pursuant to section 8(1) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).

Schedule 1 Part 1: amended, on 1 April 1978, by section 124(2) of the Reserves Act 1977 (1977 No 66).

Schedule 1 Part 1: amended, on 1 April 1975, by section 44(1) of the Queen Elizabeth the Second Arts Council of New Zealand Act 1974 (1974 No 67).

Schedule 1 Part 1: amended, on 1 December 1974, by section 725 of the Local Government Act 1974 (1974 No 66).

Schedule 1 Part 1: amended, on 8 November 1974, by section 10(4) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Schedule 1 Part 1: amended, on 2 October 1973, by section 15(1) of the Water and Soil Conservation Amendment Act 1973 (1973 No 24).

Schedule 1 Part 1: amended, on 1 April 1973, by section 100(1) of the Fire Services Act 1972 (1972 No 119).

Schedule 1 Part 1: amended on 10 May 1971, by clause 2(2) of the Local Authorities (Members’ Interests) Order 1971 (SR 1971/111).

Schedule 1 Part 1: amended, on 17 July 1970, by section 14(5) of the Hospitals Amendment Act 1970 (1970 No 12).

Schedule 1 Part 1: amended, on 23 October 1969, by section 2(1) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 1: amended, on 23 October 1969, by section 2(2)(a) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 1: amended, on 23 October 1969, by section 2(2)(b) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Part 2 Particular local authorities and public bodies

Name of local authority or public body		Enactment under which constituted

The Aotea Centre Board of Management		Auckland Aotea Centre Empowering Act 1985 (1985 No 9 (L))

The Auckland Museum Trust Board		Auckland War Memorial Museum Act 1996 (1996 No 4 (L))

The Auckland Regional Authority		Auckland Regional Authority Act 1963 (1963 No 18 (L))

The board of directors of the Queen Elizabeth the Second National Trust		Queen Elizabeth the Second National Trust Act 1977 (1977 No 102)

The Board of Trustees of the Pacific Islands Polynesian Education Foundation		Pacific Islands Polynesian Education Foundation Act 1972 (1972 No 138)

The Canterbury Museum Trust Board		Canterbury Museum Trust Board Act 1947 (1947 No 3 (L))

The Chatham Islands Council		Chatham Islands Council Act 1995 (1995 No 41)

The Christchurch Drainage Board		Christchurch District Drainage Act 1951 (1951 No 21 (L))

The Christchurch Town Hall Board of Management		Christchurch Town Hall Board of Management Act 1976 (1976 No 2 (L))

The Christchurch Transport Board		Christchurch Tramway District Act 1920 (1920 No 15 (L))

The Consumer Council		Consumer Council Act 1966 (1966 No 21)

The Council for Maori and South Pacific Arts		Queen Elizabeth the Second Arts Council of New Zealand Act 1974 (1974 No 67)

The Council of Lincoln University		Lincoln University Act 1961 (1961 No 52)

The Council of the Massey University		Massey University Act 1963 (1963 No 7)

The Council of the University of Auckland		University of Auckland Act 1961 (1961 No 50)

The Council of the University of Canterbury		University of Canterbury Act 1961 (1961 No 49)

The Council of the University of Otago		University of Otago Amendment Act 1961 (1961 No 48)

The Council of the University of Waikato		University of Waikato Act 1963 (1963 No 8)

The Council of the Victoria University of Wellington		Victoria University of Wellington Act 1961 (1961 No 51)

The Dunedin Drainage and Sewerage Board		Dunedin District Drainage and Sewerage Act 1900 (1900 No 25 (L))

The Hauraki Gulf Maritime Park Board		Hauraki Gulf Maritime Park Act 1967 (1967 No 131)

The Hawke’s Bay Crematorium Board		Hawke’s Bay Crematorium Act 1944 (1944 No 7 (L))

The Hutt Valley Drainage Board		Hutt Valley Drainage Act 1967 (1967 No 3 (L))

The Invercargill Licensing Trust		Sale of Liquor Act 1989 (1989 No 63)

The Linen Flax Corporation of New Zealand		Linen Flax Corporation Act 1945 (1945 No 46)

The Management Council for the National Art Gallery, the National Museum, and the National War Memorial		National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11)

The Masterton Licensing Trust		Sale of Liquor Act 1989 (1989 No 63)

The Masterton Trust Lands Trust		Masterton Trust Lands Act 2003 (2003 No 1 (L))

The Museum of Transport and Technology Board		Museum of Transport and Technology Act 2000 (2000 No 1 (P))

The National Art Gallery Council		National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11)

The National Council of Adult Education		Adult Education Act 1963 (1963 No 16)

The National Museum Council		National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11)

The National War Memorial Council		National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11)

The Natural Gas Corporation of New Zealand		Natural Gas Corporation Act 1967 (1967 No 41)

The New Zealand Council for Educational Research		New Zealand Council for Educational Research Act 1972 (1972 No 35)

The New Zealand Maori Arts and Crafts Institute		New Zealand Maori Arts and Crafts Institute Act 1963 (1963 No 51)

The New Zealand Trades Certification Board		Trades Certification Act 1966 (1966 No 6)

The New Zealand Wheat Board		Wheat Board Act 1965 (1965 No 60)

The Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Board		Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945 (1945 No 33)

The North Shore Drainage Board		North Shore Drainage Act 1963 (1963 No 15 (L))

The Otago Museum Trust Board		Otago Museum Trust Board Act 1996 (1996 No 1 (L))

The Overseas Investment Commission		Overseas Investment Act 1973 (1973 No 14)

The Plumbers, Gasfitters, and Drainlayers Board		Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74)

The Rangitaiki Drainage Board		Rangitaiki Land Drainage Act 1956 (1956 No 34)

The Riccarton Bush Trustees		Riccarton Bush Act 1914 (1914 No 15 (L))

The South Canterbury Wallaby Board		Agricultural Pests Destruction Amendment Act 1971 (1971 No 74)

The Taratahi Agricultural Training Centre (Wairarapa) Trust Board		Taratahi Agricultural Training Centre (Wairarapa) Act 1969 (1969 No 138)

The Tourist Hotel Corporation of New Zealand		Tourist Hotel Corporation Act 1974 (1974 No 59)

The University Grants Committee		Universities Act 1961 (1961 No 54)

The Wellington Regional Water Board		Wellington Regional Water Board Act 1972 (1972 No 3 (L))

The Winston Churchill Memorial Trust Board		Winston Churchill Memorial Trust Board Act 1965 (1965 No 39)

Schedule 1 Part 2: amended, on 13 December 2016, by section 35(2) of the New Zealand Horticulture Export Authority Amendment Act 2016 (2016 No 99).

Schedule 1 Part 2: amended, on 1 June 2010, by section 12 of the Carter Observatory Act Repeal Act 2010 (2010 No 34).

Schedule 1 Part 2: amended, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).

Schedule 1 Part 2: amended, on 17 May 2005, by section 20 of the Patriotic and Canteen Funds Amendment Act 2005 (2005 No 65).

Schedule 1 Part 2: amended, on 25 January 2005, by section 180(2) of the Crown Entities Act 2004 (2004 No 115).

Schedule 1 Part 2: amended, on 6 May 2003, by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).

Schedule 1 Part 2: amended, on 6 May 2003, by section 36 of the Masterton Trust Lands Act 2003 (2003 No 1 (L)).

Schedule 1 Part 2: amended, on 30 April 2003, by section 28(1) of the Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)).

Schedule 1 Part 2: amended, on 1 October 2002, by section 5(3) of the Fishing Industry Board Repeal Act 2001 (2001 No 34).

Schedule 1 Part 2: amended, on 1 April 2000, by section 28(2) of the Museum of Transport and Technology Act 2000 (2000 No 1 (P)).

Schedule 1 Part 2: amended, on 1 April 2000, by section 7 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).

Schedule 1 Part 2: amended, on 8 October 1998, by section 20(2) of the Selwyn Plantation Board Empowering Act 1992 (1992 No 4 (L)).

Schedule 1 Part 2: amended, on 17 July 1997, by clause 2 of the Local Authorities (Members’ Interests) Order 1997 (SR 1997/112).

Schedule 1 Part 2: amended, on 2 September 1996, by section 32(2) of the Auckland War Memorial Museum Act 1996 (1996 No 4 (L)).

Schedule 1 Part 2: amended, on 1 July 1996, by section 11(2) of the Marlborough Forestry Corporation Act Repeal Act 1996 (1996 No 2 (L)).

Schedule 1 Part 2: amended, on 18 June 1996, pursuant to section 29(a) of the Otago Museum Trust Board Act 1996 (1996 No 1 (L)).

Schedule 1 Part 2: amended, on 26 October 1993, by section 79(2) of the Energy Companies Act 1992 (1992 No 56).

Schedule 1 Part 2: amended, on 1 October 1993, by section 95(2) of the Energy Companies Act 1992 (1992 No 56).

Schedule 1 Part 2: amended, on 4 December 1992, by section 11 of the Union Representatives Education Leave Act Repeal Act 1992 (1992 No 102).

Schedule 1 Part 2: amended, on 1 July 1991, by section 36 of the Museum of New Zealand Te Papa Tongarewa Act 1992 (1992 No 19).

Schedule 1 Part 2: amended, on 1 January 1991, pursuant to section 165(1)(b) of the Education Act 1989 (1989 No 60).

Schedule 1 Part 2: amended, on 1 October 1990, by section 53(2) of the Health Research Council Act 1990 (1990 No 68).

Schedule 1 Part 2: amended, on 23 July 1990, pursuant to section 50(5) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 Part 2: amended, on 1 April 1990, pursuant to section 230(2) of the Sale of Liquor Act 1989 (1989 No 63).

Schedule 1 Part 2: amended, on 19 March 1990, by section 4(d) of the New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990 (1990 No 10).

Schedule 1 Part 2: amended, on 1 January 1990, pursuant to section 49(6) of the Education Amendment Act 1989 (1989 No 156).

Schedule 1 Part 2: amended, on 1 January 1989, by section 21 of the Wool Testing Authority Dissolution Act 1988 (1988 No 166).

Schedule 1 Part 2: amended, on 16 December 1988, by section 2(1) of the Local Authorities (Members’ Interests) Amendment Act 1988 (1988 No 197).

Schedule 1 Part 2: amended, on 10 December 1988, by section 13 of the Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

Schedule 1 Part 2: amended, on 1 December 1988, by section 15 of the Broadcasting Amendment Act (No 2) 1988 (1988 No 161).

Schedule 1 Part 2: amended, on 1 April 1988, by section 42(2)(d) of the Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 48).

Schedule 1 Part 2: amended, on 1 October 1987, by section 5(2) of the Patriotic and Canteen Funds Amendment Act 1987 (1987 No 4).

Schedule 1 Part 2: amended, on 16 July 1987, by section 64(3) of the New Zealand Horticulture Export Authority Act 1987 (1987 No 93).

Schedule 1 Part 2: amended, on 1 April 1987, by section 40(1)(d) of the Sport, Fitness, and Leisure Act 1987 (1987 No 13).

Schedule 1 Part 2: amended, on 17 December 1985, by section 19(4) of the Auckland Aotea Centre Empowering Act 1985 (1985 No 9 (L)).

Schedule 1 Part 2: amended, on 1 April 1984, by section 18(k) of the Auckland Harbour Bridge Authority Dissolution Act 1983 (1983 No 153).

Schedule 1 Part 2: amended, on 22 October 1981, pursuant to section 2(3) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Schedule 1 Part 2: amended, on 22 October 1981, pursuant to section 3(4) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Schedule 1 Part 2: amended, on 13 January 1981, by section 3(2) of the New Zealand Film Commission Amendment Act 1980 (1980 No 125).

Schedule 1 Part 2: amended, on 1 December 1978, by section 4(8)(h) of the New Zealand Airways Corporation Dissolution Act 1978 (1978 No 48).

Schedule 1 Part 2: amended, on 12 October 1978, by section 16 of the Queen Elizabeth the Second Arts Council of New Zealand Amendment Act 1978 (1978 No 29).

Schedule 1 Part 2: amended, on 21 December 1977, by section 14(2) of the Queen Elizabeth the Second National Trust Act 1977 (1977 No 102).

Schedule 1 Part 2: amended, on 1 February 1977, by section 101(2) of the Broadcasting Act 1976 (1976 No 132).

Schedule 1 Part 2: amended, on 14 December 1976, by section 11(10) of the Development Finance Corporation Amendment Act 1976 (1976 No 133).

Schedule 1 Part 2: amended, on 31 August 1976, by section 21(4) of the Christchurch Town Hall Board of Management Act 1976 (1976 No 2 (L)).

Schedule 1 Part 2: amended, on 1 April 1975, by section 103(3) of the Broadcasting Act 1973 (1973 No 116).

Schedule 1 Part 2: amended, on 8 November 1974, pursuant to section 23(1) of the Tourist Hotel Corporation Act 1974 (1974 No 59).

Schedule 1 Part 2: amended, on 18 December 1973, by section 103(2) of the Broadcasting Act 1973 (1973 No 116).

Schedule 1 Part 2: amended, on 23 November 1973, by section 22(3) of the Local Legislation Act 1973 (1973 No 109).

Schedule 1 Part 2: amended, on 30 July 1973, by section 12 of the Overseas Investment Act 1973 (1973 No 14).

Schedule 1 Part 2: amended, on 1 April 1973, by section 31 of the National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11).

Schedule 1 Part 2: amended, on 1 March 1973, by section 120(1) of the Wellington Regional Water Board Act 1972 (1972 No 3 (L)).

Schedule 1 Part 2: amended, on 1 March 1973, by section 123(4) of the Wellington Regional Water Board Act 1972 (1972 No 3 (L)).

Schedule 1 Part 2: amended, on 1 January 1973, by section 34(2) of the New Zealand Council for Educational Research Act 1972 (1972 No 35).

Schedule 1 Part 2: amended, on 20 October 1972, by section 14(6) of the Pacific Islands Polynesian Education Foundation Act 1972 (1972 No 138).

Schedule 1 Part 2: amended, on 3 December 1971, by section 5(4) of the Agricultural Pests Destruction Amendment Act 1971 (1971 No 74).

Schedule 1 Part 2: amended, on 1 January 1970, by section 12(3) of the Taratahi Agricultural Training Centre (Wairarapa) Act 1969 (1969 No 138).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(a) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(b) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(c) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(d) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(e) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(f) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(g) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(h) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(i) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(j) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(k) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(l) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(m) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(n) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(o) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(p) of the Local Authorities (Members’ Interests) Amendment Act 1969(1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(q) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(r) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 1 Part 2: amended, on 23 October 1969, by section 2(3)(s) of the Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90).

Schedule 2 Enactments repealed

s 9(1)

Agricultural Pests Destruction Act 1967 (1967 No 147)

Amendment(s) incorporated in the Act(s).

Auckland Regional Authority Act 1963 (1963 No 18 (L))

Amendment(s) incorporated in the Act(s).

Auckland War Memorial Museum Maintenance Amendment Act 1963 (1963 No 6 (L))

Amendment(s) incorporated in the Act(s).

Broadcasting Authority Act 1968 (1968 No 33)

Amendment(s) incorporated in the Act(s).

Christchurch-Lyttelton Road Tunnel Act 1956 (1956 No 16)

Amendment(s) incorporated in the Act(s).

Consumer Council Act 1966 (1966 No 21)

Amendment(s) incorporated in the Act(s).

Fishing Industry Board Act 1963 (1963 No 70)

Amendment(s) incorporated in the Act(s).

Greytown Trust Lands Act 1956 (1956 No 5 (L))

Amendment(s) incorporated in the Act(s).

Industrial Design Act 1966 (1966 No 20)

Amendment(s) incorporated in the Act(s).

Inventions Development Act 1966 (1966 No 43)

Amendment(s) incorporated in the Act(s).

Lincoln College Act 1961 (1961 No 52)

Amendment(s) incorporated in the Act(s).

Local Authorities (Members’ Contracts) Act 1954 (1954 No 49) (1957 Reprint Vol 8 p 523)

Local Authorities (Members’ Contracts) Amendment Act 1957 (1957 No 60) (1957 Reprint Vol 8 p 539)

Local Authorities (Members’ Contracts) Amendment Act 1962 (1962 No 80)

Local Authorities (Members’ Contracts) Amendment Act 1963 (1963 No 98)

Local Authorities (Members’ Contracts) Amendment Act 1965 (1965 No 94)

Massey University Act 1963 (1963 No 7)

Amendment(s) incorporated in the Act(s).

Massey University Amendment Act 1966 (1966 No 10)

Amendment(s) incorporated in the Act(s).

National Library Act 1965 (1965 No 136)

Amendment(s) incorporated in the Act(s).

Natural Gas Corporation Act 1967 (1967 No 41)

Amendment(s) incorporated in the Act(s).

New Zealand Maori Arts and Crafts Institute Amendment Act 1967 (1967 No 104)

Amendment(s) incorporated in the Act(s).

Queen Elizabeth the Second Arts Council of New Zealand Act 1963 (1963 No 54)

Amendment(s) incorporated in the Act(s).

Standards Act 1965 (1965 No 59)

Amendment(s) incorporated in the Act(s).

Trades Certification Act 1966 (1966 No 6)

Amendment(s) incorporated in the Act(s).

Universities Act 1961 (1961 No 54)

Amendment(s) incorporated in the Act(s).

University of Auckland 1961 (1961 No 50)

Amendment(s) incorporated in the Act(s).

University of Canterbury Act 1961 (1961 No 49)

Amendment(s) incorporated in the Act(s).

University of Otago Amendment Act 1961 (1961 No 48)

Amendment(s) incorporated in the Act(s).

University of Waikato Act 1963 (1963 No 8)

Amendment(s) incorporated in the Act(s).

Victoria University of Wellington Act 1961 (1961 No 51)

Amendment(s) incorporated in the Act(s).

Wheat Board Act 1965 (1965 No 60)

Amendment(s) incorporated in the Act(s).

Winston Churchill Memorial Trust Act 1965 (1965 No 39)

Amendment(s) incorporated in the Act(s).

Schedule 2: amended, on 23 July 1990, by section 50(5) of the Education Amendment Act 1990 (1990 No 60).

Schedule 3 Orders revoked

s 9(2)

Local Authorities (Members’ Contracts) Order 1956 (SR 1956/111)

Local Authorities (Members’ Contracts) Order (No 2) 1956 (SR 1956/160)

Local Authorities (Members’ Contracts) Order 1960 (SR 1960/181)

Local Authorities (Members’ Contracts) Order 1963 (SR 1963/53)

Local Authorities (Members’ Contracts) Order 1965 (SR 1965/130)

Reprints notes

1 General

This is a reprint of the Local Authorities (Members’ Interests) Act 1968 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197

New Zealand Horticulture Export Authority Amendment Act 2016 (2016 No 99): section 35

Civil Defence Emergency Management Amendment Act 2016 (2016 No 88): section 42

Local Government Act 2002 Amendment Act 2014 (2014 No 55): section 78

Arts Council of New Zealand Toi Aotearoa Act 2014 (2014 No 1): section 27

Criminal Procedure Act 2011 (2011 No 81): section 413

Carter Observatory Act Repeal Act 2010 (2010 No 34): section 12

Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74): section 185

Patriotic and Canteen Funds Amendment Act 2005 (2005 No 65): section 20

Relationships (Statutory References) Act 2005 (2005 No 3): section 4(1), (2)

Crown Entities Act 2004 (2004 No 115): section 180(2)

National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19): section 47

Masterton Trust Lands Act 2003 (2003 No 1 (L)): section 36

Local Government Act 2002 (2002 No 84): section 262

Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)): section 28(1)

Education Standards Act 2001 (2001 No 88): section 17

Fishing Industry Board Repeal Act 2001 (2001 No 34): section 5(3)

Public Audit Act 2001 (2001 No 10): section 52

Museum of Transport and Technology Act 2000 (2000 No 1 (P)): section 28(2)

Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 7

Local Authorities (Members’ Interests) Order 1997 (SR 1997/112)

Auckland War Memorial Museum Act 1996 (1996 No 4 (L)): section 32(2)

Marlborough Forestry Corporation Act Repeal Act 1996 (1996 No 2 (L)): section 11(2)

Otago Museum Trust Board Act 1996 (1996 No 1 (L)): section 29(a)

Arts Council of New Zealand Toi Aotearoa Act 1994 (1994 No 19): section 34(3)

Companies Act Repeal Act 1993 (1993 No 126): section 2(1)

Health Sector (Transfers) Act 1993 (1993 No 23): section 32

Union Representatives Education Leave Act Repeal Act 1992 (1992 No 102): section 11

Energy Companies Act 1992 (1992 No 56): sections 79(2), 95(2), 96(1)

Museum of New Zealand Te Papa Tongarewa Act 1992 (1992 No 19): section 36

Selwyn Plantation Board Empowering Act 1992 (1992 No 4 (L)): section 20(2)

Resource Management Act 1991 (1991 No 69): section 373(1)

Health Research Council Act 1990 (1990 No 68): section 53(2)

Education Amendment Act 1990 (1990 No 60): section 50(5)

New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990 (1990 No 10): section 4(d)

Education Amendment Act 1989 (1989 No 156): section 49(6)

Education Act 1989 (1989 No 80): section 165(1)(b)

Sale of Liquor Act 1989 (1989 No 63): section 230(2)

School Trustees Act 1989 (1989 No 3): section 24(2)

Local Authorities (Members’ Interests) Amendment Act 1988 (1988 No 197)

Testing Laboratory Registration Amendment Act 1988 (1988 No 167): section 13

Wool Testing Authority Dissolution Act 1988 (1988 No 166): section 21

Broadcasting Amendment Act (No 2) 1988 (1988 No 161): section 15

Access Training Scheme Act 1988 (1988 No 108): section 28

Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 48): sections 42(2)(d),43(5)(g)

Protection of Personal and Property Rights 1988 (1988 No 4): section 117(3)

New Zealand Horticulture Export Authority Act 1987 (1987 No 93): section 64(3)

Sport, Fitness, and Leisure Act 1987 (1987 No 13): section 40(1)(d)

Patriotic and Canteen Funds Amendment Act 1987 (1987 No 4): section 5(2)

Auckland Aotea Centre Empowering Act 1985 (1985 No 9 (L)): section 19(4)

Auckland Harbour Bridge Authority Dissolution Act 1983 (1983 No 153): section 18(k)

Vocational Training Council Act 1982 (1982 No 54): section 49(2)

Dog Control and Hydatids Act 1982 (1982 No 42): section 89(1)

Local Authorities (Members’ Interests) Amendment Act 1982 (1982 No 37)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97): sections 2(3), 3(4)

Public Works Act 1981 (1981 No 35): section 248(1)

New Zealand Film Commission Amendment Act 1980 (1980 No 125): section 3(2)

National Parks Act 1980 (1980 No 66): section 80(1)

Local Authorities (Members’ Interests) Amendment Act 1979 (1979 No 97)

Local Government Amendment Act 1979 (1979 No 59): section 8(3)

New Zealand National Airways Corporation Dissolution Act 1978 (1978 No 48): section 4(8)(h)

Queen Elizabeth the Second Arts Council of New Zealand Amendment Act 1978 (1978 No 29): section 16

Noxious Plants Act 1978 (1978 No 15): section 119(1)

Local Government Amendment Act (No 3) 1977 (1977 No 122): section 8(1)

Town and Country Planning Act 1977 (1977 No 121): section 178(2)

Queen Elizabeth the Second National Trust Act 1977 (1977 No 102): section 14(2)

Reserves Act 1977 (1977 No 66): section 124(2)

Development Finance Corporation Amendment Act 1976 (1976 No 133): section 11(10)

Broadcasting Act 1976 (1976 No 132): section 101(2)

Christchurch Town Hall Board of Management Act 1976 (1976 No 2 (L)): section 21(4)

Education Amendment Act (No 2) 1974 (1974 No 136): section 10(4)

Local Authorities (Members’ Interests) Amendment Act 1974 (1974 No 97)

Queen Elizabeth the Second Arts Council of New Zealand Act 1974 (1974 No 67): section 44(1)

Local Government Act 1974 (1974 No 66): section 725

Tourist Hotel Corporation Act 1974 (1974 No 59): section 23(1)

Broadcasting Act 1973 (1973 No 116): section 103(2), (3)

Local Legislation Act 1973 (1973 No 109): section 22(3)

Water and Soil Conservation Amendment Act 1973 (1973 No 24): section 15(1)

Overseas Investment Act 1973 (1973 No 14): section 12

Pacific Islands Polynesian Education Foundation Act 1972 (1972 No 138): section 14(6)

Fire Services Act 1972 (1972 No 119): section 100(1)

New Zealand Council for Educational Research Act 1972 (1972 No 35): section 34(2)

National Art Gallery, Museum, and War Memorial Act 1972 (1972 No 11): section 31

Wellington Regional Water Board Act 1972 (1972 No 3 (L)): sections 120(1), 123(4)

Local Authorities (Members’ Interests) Order 1971 (SR 1971/111)

Agricultural Pests Destruction Amendment Act 1971 (1971 No 74): section 5(4)

Local Authorities (Members’ Interests) Amendment Act 1971 (1971 No 40)

Hospitals Amendment Act 1970 (1970 No 12): section 14(5)

Taratahi Agricultural Training Centre (Wairarapa) Act 1969 (1969 No 138): section 12(3)

Local Authorities (Members’ Interests) Amendment Act 1969 (1969 No 90)

	Title
1	Short Title
2	Interpretation
3	Disqualifying contracts between local authorities and their members
4	Extraordinary vacancy created and person affected disqualified for re-election or reappointment
5	Penalty for acting unlawfully
6	Member of local authority or committee not to discuss or vote on question in which he has pecuniary interest
7	Penalty for discussing or voting when pecuniarily interested
8	Auditor-General to institute proceedings
9	Repeals, revocations, and amendment
	Schedule 1 Local authorities and public bodies to which this Act applies
	Schedule 2 Enactments repealed
	Schedule 3 Orders revoked
	Reprint notes

List of access keys

Local Authorities (Members' Interests) Act 1968

Local Authorities (Members’ Interests) Act 1968

Note

Contents

1 Short Title

2 Interpretation

(a)

(b)

3 Disqualifying contracts between local authorities and their members

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(a)

(b)

(a)

(aa)

(i)

(ii)

(ab)

(b)

(c)

(d)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(e)

(f)

(g)

(i)

(ii)

(h)

(i)

(j)

(i)

(ii)

(iii)

4 Extraordinary vacancy created and person affected disqualified for re-election or reappointment

5 Penalty for acting unlawfully

6 Member of local authority or committee not to discuss or vote on question in which he has pecuniary interest

(a)

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(ea)

(eb)

(f)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(gg)

(h)

(i)

(j)

(k)

7 Penalty for discussing or voting when pecuniarily interested

(a)

(b)

(a)

(b)

8 Auditor-General to institute proceedings

9 Repeals, revocations, and amendment

Schedule 1 Local authorities and public bodies to which this Act applies