Local Government Act 2002

Schedule 7 Local authorities, local boards, community boards, and their members

ss 5(1), 41(1), 42(1), 48, 48Q, 53(1), 54, 59(2)

Schedule 7 heading: replaced, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Part 1 Provisions relating to local authorities and their members

Vacation of office by members

1 Disqualification of members

(1)

A person’s office as member of a local authority is vacated if the person, while holding office as a member of the local authority,—

(a)

ceases to be an elector or becomes disqualified for registration as an elector under the Electoral Act 1993; or

(b)

is convicted of an offence punishable by a term of imprisonment of 2 years or more.

(2)

If subclause (1)(b) applies,—

(a)

the disqualification does not take effect—

(i)

until the expiration of the time for appealing against the conviction or decision; or

(ii)

if there is an appeal against the conviction or decision, until the appeal is determined; and

(b)

the person is deemed to have been granted leave of absence until the expiration of that time, and is not capable of acting as a member during that time.

(3)

A person may not do an act as a member while disqualified under subclause (1) or while on leave of absence under subclause (2).

Compare: 1974 No 66 s 101X

2 Ouster of office of member

(1)

On proof by affidavit that a member of a local authority is, or has become, or was at the date of appointment or election, incapable of holding office under this Act, the District Court may call on that person to show cause why he or she should not be adjudged to be ousted from office.

(2)

If the District Court concludes that the member is or was incapable of holding office, the court may adjudge that person to be ousted from office and that member is ousted from office accordingly.

(3)

In proceedings under this clause, the District Court may exercise all the powers and authorities that it may exercise in its ordinary jurisdiction in civil cases, and the procedure of the court applies generally, so far as practicable.

(4)

No matter in relation to a disputed appointment or election is to be heard by the District Court under this clause.

(5)

If the District Court adjudges that a member be ousted from his or her office,—

(a)

the decision is not to take effect—

(i)

until the expiration of the time for appealing against the decision; or

(ii)

if there is an appeal against the decision, until the appeal is determined; and

(b)

the person is deemed to have been granted leave of absence until the expiration of that time, and is not capable of acting as a member during that time.

(6)

The person may not do an act as a member while on leave of absence under subclause (5).

Compare: 1974 No 66 s 101Y

Schedule 7 clause 2(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 7 clause 2(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 7 clause 2(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 7 clause 2(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

3 Secretary to institute proceedings

(1)

The Secretary must institute proceedings against a person who fails to comply with the requirements of clause 1(3), clause 2(6), or clause 14(1).

(2)

Nothing in this clause prevents other persons from taking proceedings against a person who fails to comply with the requirements of clause 1(3), clause 2(6), or clause 14(1).

Compare: 1974 No 66 s 101Z

4 Member’s right to resign

(1)

A member of a local authority may resign office by notice in writing addressed and delivered to the chief executive of the local authority.

(2)

The notice takes effect on the day on which it is delivered to the chief executive of the local authority.

Compare: 1974 No 66 s 101ZA

4A Suspension of members

(1)

A person’s office as member of a local authority is suspended while the person is subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).

(2)

If subclause (1) applies,—

(a)

the person is deemed to have been granted leave of absence and is not capable of acting as a member during the period of suspension; and

(b)

the person may not do an act as a member while on leave of absence under paragraph (a).

Schedule 7 clause 4A: inserted, on 10 September 2008, by section 7(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

5 Extraordinary vacancies

(1)

The office of a member of a local authority becomes vacant, and the vacancy that is created is an extraordinary vacancy, if the member—

(a)

dies; or

(b)

becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or

(c)

is disqualified from, or is ousted from, office; or

(d)

is absent without leave of the local authority from 4 consecutive meetings (other than extraordinary meetings) of the local authority; or

(e)

resigns under clause 4.

(2)

Sections 117 to 120 of the Local Electoral Act 2001 apply to extraordinary vacancies.

Compare: 1974 No 66 s 101ZB

Schedule 7 clause 5(1)(b): substituted, on 10 September 2008, by section 7(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Schedule 7 clause 5(1)(d): amended, on 7 July 2004, by section 26(1) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Remuneration of members

6 Remuneration Authority to determine remuneration

(1)

The Remuneration Authority must determine the remuneration, allowances, and expenses payable to—

(a)

mayors, deputy mayors, chairpersons, deputy chairpersons, and members of local authorities:

(b)

chairpersons of committees of local authorities:

(c)

chairpersons and members of community boards:

(d)

chairpersons of committees of community boards:

(e)

chairpersons and members of local boards:

(f)

chairpersons of committees of local boards.

(2)

The Remuneration Authority may also determine the remuneration, allowances, and expenses payable to the following persons, if requested to do so by a local authority:

(a)

members of the local authority with specified responsibilities other than those listed in subclause (1):

(b)

members of community boards of the local authority with specified responsibilities other than those referred to in subclause (1):

(c)

members of local boards with specified responsibilities other than those listed in subclause (1).

(3)

The Remuneration Authority may do 1 or more of the following things under subclause (1) or (2):

(a)

fix—

(i)

scales of salaries:

(ii)

scales of allowances:

(iii)

ranges of remuneration:

(iv)

different forms of remuneration:

(b)

prescribe—

(i)

rules for the application of those scales, ranges, or different forms of remuneration:

(ii)

rules for reimbursing expenses incurred by members:

(c)

differentiate—

(i)

between persons occupying equivalent positions in different local authorities, community boards, or local boards:

(ii)

between persons occupying equivalent positions in the same local authorities, community boards, or local boards:

(d)

make determinations that apply to individuals, or groups, occupying equivalent positions:

(e)

approve rules proposed by a local authority for reimbursing expenses incurred by members, subject to any conditions that the Authority thinks fit.

(4)

The Remuneration Authority may direct a local authority to make publicly available any rules it has approved under subclause (3)(e).

(5)

The Remuneration Authority may issue separate determinations, at different times, for the different positions listed in subclauses (1) and (2).

(6)

Clause 7A applies to determinations made under this clause.

(7)

A determination by the Remuneration Authority under this clause is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(8)

[Repealed]

Schedule 7 clause 6: replaced, on 5 December 2012, by section 38(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Schedule 7 clause 6(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Schedule 7 clause 6(8): repealed, on 22 October 2019, by section 34(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

7 Mandatory criteria for Remuneration Authority

(1)

In determining remuneration under clause 6, the Remuneration Authority must have regard to the need to—

(a)

minimise the potential for certain types of remuneration to distort the behaviour of the persons listed in clause 6(1) in relation to their positions as listed in clause 6(1); and

(b)

achieve and maintain fair relativity with the levels of remuneration received elsewhere; and

(c)

be fair both—

(i)

to the persons whose remuneration is being determined; and

(ii)

to ratepayers; and

(d)

attract and retain competent persons.

(2)

The criteria in subclause (1) do not prevent the Remuneration Authority from determining allowances additional to salary for attending meetings.

7A Matters applying to determinations

(1)

The Remuneration Authority may make a determination before or after the date on which the determination is to come into force.

(2)

However, a determination must not come into force earlier than the expiry date of the determination that it supersedes.

(3)

A determination must specify the date on which it expires.

(4)

Despite the expiry of a determination, it continues in force to the extent that it is not superseded by another determination.

(5)

The Remuneration Authority may amend a determination while it is in force.

(6)

Despite subclause (5), the Remuneration Authority may amend the expiry date of a determination only if the Authority is satisfied that in all the circumstances there are particular and special reasons that justify a period of less than the term originally set.

(7)

The Remuneration Authority must review and issue a determination for each position listed in clause 6(1) at intervals of no more than 3 years.

Schedule 7 clause 7A: inserted, on 5 December 2012, by section 38(3) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

8 Submissions to Remuneration Authority

(1)

Any person or organisation may make a written submission to the Remuneration Authority about a determination to be made by the Remuneration Authority under clause 6.

(2)

The Remuneration Authority may, in its discretion, invite a person or organisation to make an oral submission about a determination to be made by the Remuneration Authority under clause 6.

9 Publication of determinations

The Remuneration Authority must—

(a)

deliver to the Minister a copy of every determination it makes under clause 6; and

(b)

publish each determination in the Gazette within 14 days of delivering it to the Minister.

10 Levy regulations for Remuneration Authority costs

(1)

The Governor-General may, by Order in Council (made on the recommendation of the Minister), make regulations prescribing the method by which the Minister responsible for the Remuneration Authority may levy local authorities an annual amount for the purpose of recovering the costs in the previous financial year of the Remuneration Authority, in making determinations under clause 6.

(2)

Regulations made under subclause (1)—

(a)

must specify—

(i)

the date by which the Minister responsible for the Remuneration Authority must set the levy; and

(ii)

the basis on which the amount of the levy is to be calculated for each local authority; and

(iii)

when the levy must be paid; and

(iv)

how the levy is to be notified and collected; and

(b)

may provide for—

(i)

the deduction of over-recoveries for a financial year from a levy payable in subsequent financial years; and

(ii)

the addition of under-recoveries for a financial year to a levy payable in a subsequent year.

Schedule 7 clause 10: substituted, on 7 July 2004, by section 26(2) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

10A Minister responsible for Remuneration Authority to set levy

(1)

The Minister responsible for the Remuneration Authority may, in each financial year, set a levy on local authorities in accordance with any regulations made under clause 10.

(2)

The levy comes into effect on the 28th day after the date on which the Minister responsible for the Remuneration Authority notifies in the Gazette—

(a)

his or her intention to set the levy; and

(b)

the amount of levy payable by each local authority.

(3)

The Minister responsible for the Remuneration Authority must notify the Minister of the information required under subclause (2) prior to acting under that subsection.

(4)

A local authority must pay a levy set under this clause; and any amount of unpaid levy is recoverable in a court of competent jurisdiction by the Crown as a debt due.

Schedule 7 clause 10A: inserted, on 7 July 2004, by section 26(2) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

11 Members and officers of Remuneration Authority to maintain secrecy

(1)

This section applies to—

(a)

members of the Remuneration Authority; and

(b)

persons engaged or employed by the Remuneration Authority in its work.

(2)

A person to whom this section applies—

(a)

must keep secret all matters and information that come to the person’s knowledge while performing or exercising his or her responsibilities, duties, or powers under this Act except the personal information specified in subsection (3); and

(b)

must not communicate those matters or information except—

(i)

in performing or exercising those responsibilities, duties, and powers; or

(ii)

under subsection (3).

(3)

The Remuneration Authority is required to comply with information privacy principles 6, 7, 11, and 12 set out in section 22 of the Privacy Act 2020 and disclose personal information as necessary.

Schedule 7 clause 11(3): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

12 Payments

If a determination is made, a local authority must make payment to the person concerned in accordance with the conditions of the determination.

Compare: 1974 No 66 s 101ZZM

13 Meaning of remuneration

In clauses 6, 7, 8, and 9, remuneration includes—

(a)

salary, wages, and other payments in return for services; and

(b)

monetary and non-monetary benefits and emoluments in return for services.

Conduct of members

14 Declaration by member

(1)

A person may not act as a member of a local authority until—

(a)

that person has, at a meeting of the local authority following the election of that person, made an oral declaration in the form set out in subclause (3); and

(b)

a written version of the declaration has been attested as provided under subclause (2).

(2)

The written declaration must be signed by the member and witnessed by—

(a)

the chairperson; or

(b)

the mayor; or

(c)

a member of the local authority; or

(d)

the chief executive of the local authority; or

(e)

in the absence of the chief executive, some other officer appointed by the chief executive.

(3)

The form of the declaration must consist of the following elements:

Declaration by mayor or chairperson or member
“I, AB, declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of [region or district], the powers, authorities, and duties vested in, or imposed upon, me as [mayor or chairperson or member] of the [local authority] by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act
Dated at: [place, date]
Signature:
Signed in the presence of:
CD, [mayor or chairperson or member or chief executive of local authority]”.

Compare: 1974 No 66 s 114U

15 Code of conduct

(1)

A local authority must adopt a code of conduct for members of the local authority as soon as practicable after the commencement of this Act.

(2)

The code of conduct must set out—

(a)

understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i)

behaviour toward one another, staff, and the public; and

(ii)

disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A)

is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B)

relates to the ability of the local authority to give effect to any provision of this Act; and

(b)

a general explanation of—

(i)

the Local Government Official Information and Meetings Act 1987; and

(ii)

any other enactment or rule of law applicable to members.

(3)

A local authority may amend or replace its code of conduct, but may not revoke it without replacement.

(4)

A member of a local authority must comply with the code of conduct of that local authority.

(5)

A local authority must, when adopting a code of conduct, consider whether it must require a member or newly elected member to declare whether or not the member or newly elected member is an undischarged bankrupt.

(6)

After the adoption of the first code of conduct, an amendment of the code of conduct or the adoption of a new code of conduct requires, in every case, a vote in support of the amendment of not less than 75% of the members present.

(7)

To avoid doubt, a breach of the code of conduct does not constitute an offence under this Act.

16 Members to abide by standing orders

(1)

A member of a local authority must abide by the standing orders adopted under clause 27.

(2)

A constable, or an officer or employee of a local authority, may, at the request of the chairperson, remove or exclude a member from a meeting if that member is required to leave the meeting by a ruling made under the standing orders and that member—

(a)

refuses or fails to leave the meeting; or

(b)

having left the meeting, attempts to re-enter the meeting without the permission of the chairperson.

Compare: 1974 No 66 s 114V

Schedule 7 clause 16(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Election and removal of chairperson, deputy chairperson, and deputy mayor

17 Election of deputy mayor or deputy chairperson

(1)

A territorial authority must elect 1 of its members to be its deputy mayor in accordance with clause 25.

(2)

A regional council must elect 1 of its members to be its deputy chairperson in accordance with clause 25.

(3)

The deputy mayor or deputy chairperson must perform all the responsibilities and duties, and may exercise all the powers, of the mayor or chairperson,—

(a)

with the consent of the mayor or chairperson, at any time during the temporary absence of the mayor or chairperson:

(b)

without that consent, at any time while the mayor or chairperson is prevented by illness or other cause from performing the responsibilities and duties, or exercising the powers, of his or her office:

(c)

while there is a vacancy in the office of the mayor or chairperson.

(4)

In the absence of proof to the contrary, a deputy mayor or deputy chairperson acting as mayor or chairperson is presumed to have the authority to do so.

(5)

A deputy mayor or deputy chairperson continues to hold his or her office as deputy mayor or deputy chairperson, so long as he or she continues to be a member of the territorial authority or regional council, until the election of his or her successor.

Compare: 1974 No 66 s 101U

18 Power to remove chairperson, deputy chairperson, or deputy mayor

(1)

At a meeting that is in accordance with this clause, a territorial authority or regional council may remove its chairperson, deputy chairperson, or deputy mayor from office.

(2)

If a chairperson, deputy chairperson, or deputy mayor is removed from office at that meeting, the territorial authority or regional council may elect a new chairperson, deputy chairperson, or deputy mayor at that meeting.

(3)

A meeting to remove a chairperson, deputy chairperson, or deputy mayor may be called by—

(a)

a resolution of the territorial authority or regional council; or

(b)

a requisition in writing signed by the majority of the total membership of the territorial authority or regional council (excluding vacancies).

(4)

A resolution or requisition must—

(a)

specify the day, time, and place at which the meeting is to be held and the business to be considered at the meeting; and

(b)

indicate whether or not, if the chairperson, deputy chairperson, or deputy mayor is removed from office, a new chairperson, deputy chairperson, or deputy mayor is to be elected at the meeting if a majority of the total membership of the territorial authority or regional council (excluding vacancies) so resolves.

(5)

A resolution may not be made and a requisition may not be delivered less than 21 days before the day specified in the resolution or requisition for the meeting.

(6)

The chief executive must give each member notice in writing of the day, time, place, and business of any meeting called under this clause not less than 14 days before the day specified in the resolution or requisition for the meeting.

(7)

A resolution removing a chairperson, deputy chairperson, or deputy mayor carries if a majority of the total membership of the territorial authority or regional council (excluding vacancies) votes in favour of the resolution.

Compare: 1974 No 66 s 101V

Calling of meetings

19 General provisions for meetings

(1)

A local authority must hold the meetings that are necessary for the good government of its region or district.

(2)

A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee.

(3)

A meeting of a local authority must be called and conducted in accordance with—

(a)

this schedule; and

(b)

Part 7 of the Local Government Official Information and Meetings Act 1987; and

(c)

the standing orders of the local authority.

(4)

A local authority must hold meetings at the times and places that it appoints.

(5)

Unless clause 22 or 22A applies, the chief executive must give notice in writing to each member of the time and place of a meeting—

(a)

not less than 14 days before the meeting; or

(b)

if the local authority has adopted a schedule of meetings, not less than 14 days before the first meeting on the schedule.

(6)

If a local authority adopts a schedule of meetings,—

(a)

the schedule—

(i)

may cover any future period that the local authority considers appropriate; and

(ii)

may be amended; and

(b)

notification of the schedule or of any amendment to that schedule constitutes a notification of every meeting on the schedule or amendment.

Compare: 1974 No 66 ss 114C, 114E

Schedule 7 clause 19(4): amended, on 7 July 2004, by section 26(3) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 19(5): amended, on 21 March 2019, by section 26(1) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Schedule 7 clause 19(5): amended, on 7 July 2004, by section 26(4) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 19(6): amended, on 7 July 2004, by section 26(5) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

20 Meetings not invalid because notice not given

(1)

A meeting of a local authority is not invalid if notice of that meeting was not received, or not received in due time, by a member of the local authority unless—

(a)

it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and

(b)

the member concerned did not attend the meeting.

(2)

A member of a local authority may waive any requirement regarding the giving of notice of a meeting to that member.

Compare: 1974 No 66 s 114H

21 First meeting of local authority following triennial general election of members

(1)

The first meeting of a local authority following a triennial general election of members must be called by the chief executive as soon as practicable after the results of the election are known.

(2)

The chief executive must give the persons elected to the local authority not less than 7 days’ notice of the meeting.

(3)

Despite subclause (2), if an emergency exists, the chief executive may give notice of the meeting as soon as practicable.

(4)

The chief executive (or, in the absence of the chief executive, a nominee of that officer) must chair the meeting until the mayor or chairperson has made and attested the declaration required under clause 14.

(5)

The business that must be conducted at the meeting must include—

(a)

the making and attesting of the declarations required of the mayor (if any) and members under clause 14; and

(b)

the election of the chairperson (if any) and the making and attesting of the declaration required of the chairperson under clause 14; and

(c)

a general explanation, given or arranged by the chief executive, of—

(i)

the Local Government Official Information and Meetings Act 1987; and

(ii)

other laws affecting members, including—

(A)

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

(B)

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

(C)

the Secret Commissions Act 1910; and

(D)

the Financial Markets Conduct Act 2013; and

(d)

the fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings; and

(e)

the election of the deputy mayor or deputy chairperson in accordance with clause 17.

Compare: 1974 No 66 s 114D

Schedule 7 clause 21(5)(c)(ii)(D): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Schedule 7 clause 21(5)(d): amended, on 7 July 2004, by section 26(6) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

22 Extraordinary meetings

(1)

Despite clause 19(4) to (6), an extraordinary meeting of a local authority may be called by—

(a)

a resolution of the local authority; or

(b)

requisition in writing delivered to the chief executive and signed by—

(i)

the mayor or chairperson; or

(ii)

not less than one-third of the total membership of the local authority (including vacancies).

(2)

Notice in writing of the time and place of the meeting called under subclause (1) and of the general nature of business must be given by the chief executive to each member of the local authority—

(a)

at least 3 working days before the day appointed for the meeting; or

(b)

if the meeting is called by a resolution, within a lesser period of notice that is specified in the resolution, being not less than 24 hours.

Schedule 7 clause 22: replaced, on 21 March 2019, by section 26(2) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

22A Emergency meetings

(1)

Despite clause 19(4) to (6), if the business to be dealt with requires a meeting to be held at a time earlier than is allowed by the notice requirements of clause 22(2)(a) and it is not practicable to call the meeting by resolution, an emergency meeting may be called by—

(a)

the mayor or chairperson; or

(b)

if the mayor and chairperson are unavailable, the chief executive.

(2)

Notice of the time and place of an emergency meeting and of the matters in respect of which the emergency meeting is being called must be given by the person calling the meeting or by another person on that person’s behalf, by whatever means is reasonable in the circumstances, to each member of the local authority and to the chief executive at least 24 hours before the time appointed for the meeting.

Schedule 7 clause 22A: inserted, on 21 March 2019, by section 26(2) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Conduct of meetings

23 Quorum of councils and committees

(1)

A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote.

(2)

Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.

(3)

The quorum at a meeting of—

(a)

a local authority consists of—

(i)

half of the members if the number of members (including vacancies) is even; or

(ii)

a majority of members if the number of members (including vacancies) is odd; and

(b)

a committee—

(i)

is not fewer than 2 members of the committee (as determined by the local authority or committee that appoints the committee); and

(ii)

in the case of a committee other than a subcommittee, must include at least 1 member of the local authority.

Compare: 1974 No 66 s 114I

24 Voting

(1)

The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by—

(a)

vote; and

(b)

the majority of members that are present and voting.

(2)

For the purposes of subsection (1), the mayor or chairperson or other person presiding at the meeting—

(a)

has a deliberative vote; and

(b)

in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).

(3)

An act or question coming before the local authority must be done or decided by open voting.

(4)

Subsections (1) and (2) apply unless—

(a)

this Act provides otherwise; or

(b)

the standing orders of the local authority expressly provide otherwise.

Schedule 7 clause 24: substituted, on 7 July 2004, by section 26(7) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

25 Voting systems for certain appointments

(1)

This clause applies to—

(a)

the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b)

the election or appointment of the deputy mayor; and

(c)

the election or appointment of the chairperson and deputy chairperson of a committee; and

(d)

the election or appointment of a representative of a local authority.

(2)

If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a)

the voting system in subclause (3) (system A):

(b)

the voting system in subclause (4) (system B).

(3)

System A—

(a)

requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)

has the following characteristics:

(i)

there is a first round of voting for all candidates; and

(ii)

if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)

if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)

in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)

System B—

(a)

requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)

has the following characteristics:

(i)

there is only 1 round of voting; and

(ii)

if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Compare: 1974 No 66 s 114K

Schedule 7 clause 25(2): substituted, on 7 July 2004, by section 26(8) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 25(3): substituted, on 7 July 2004, by section 26(8) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 25(4): added, on 7 July 2004, by section 26(8) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

25A Attendance at meetings by audio link or audiovisual link

(1)

A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee by means of audio link or audiovisual link if—

(a)

the standing orders of the local authority permit attendance at that meeting by means of audio link or audiovisual link; and

(b)

the presiding member at that meeting is satisfied that all conditions and requirements in the standing orders in relation to attendance at that meeting by means of audio link or audiovisual link are met.

(2)

A person other than a member of a local authority, or committee, may participate in a meeting of the local authority or committee by means of audio link or audiovisual link if—

(a)

the standing orders of the local authority permit participation at that meeting by persons other than members by means of audio link or audiovisual link; and

(b)

the presiding member at that meeting is satisfied that all conditions and requirements in the standing orders are met in relation to—

(i)

participation at that meeting by persons other than members; and

(ii)

the use of audio link or audiovisual link for that participation.

(3)

The person presiding must, for the purposes of subclause (1) or (2), ensure that—

(a)

technology for the audio link or audiovisual link is available and is of suitable quality; and

(b)

the procedure for the use of that technology in all the circumstances of the particular meeting will ensure that—

(i)

all those participating in the meeting can hear and be heard by each other; and

(ii)

in relation to subclause (1), the attendance of a member by means of audio link or audiovisual link does not reduce the accountability or accessibility of that person in relation to the meeting; and

(iii)

the requirements of Part 7 of the Local Government Official Information and Meetings Act 1987 are met.

(4)

Despite subclauses (1) and (3), a member of the local authority who is not physically present at the meeting is not to be counted as present for the purposes of clause 23.

(5)

Nothing in this clause requires a local authority to make technology for an audio link or audiovisual link available.

(6)

A document may be given or shown to, or by, a person appearing at a meeting by way of audio link or audiovisual link—

(a)

by transmitting it electronically; or

(b)

by use of audiovisual link (if the person is appearing by audiovisual link); or

(c)

by any other manner that the person presiding thinks fit.

(7)

In this clause,—

audio link means facilities that enable audio communication between participants at a meeting when 1 or more of them is not physically present at the place of the meeting

audiovisual link means facilities that enable audio and visual communication between participants at a meeting when 1 or more of them is not physically present at the place of the meeting.

Schedule 7 clause 25A: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

25B Modifications to clause 25A while epidemic notice in force for COVID-19

(1)

Subclauses (2) to (4) apply instead of clause 25A(1).

(2)

A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee by means of audio link or audiovisual link.

(3)

To that end, a member may attend a meeting by means of audio link or audiovisual link despite—

(a)

clause 27(5)(a); and

(b)

any limitation or condition on the use of an audio link or audiovisual link that is contained in the local authority’s standing orders; and

(c)

anything else to the contrary in the local authority’s standing orders.

(4)

For a Civil Defence Emergency Management Group, the reference in subclause (3) to a local authority’s standing orders includes any standing orders that apply to the Group under section 19 of the Civil Defence Emergency Management Act 2002.

(5)

Subclause (6) applies instead of clause 25A(4).

(6)

A member of the local authority or committee who attends a meeting by means of audio link or audiovisual link, in accordance with this clause, is to be counted as present for the purposes of clause 23.

(7)

This clause is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

Schedule 7 clause 25B: inserted, on 26 March 2020, by section 8 of the COVID-19 Response (Urgent Management Measures) Legislation Act 2020 (2020 No 9).

26 Chairperson of meetings

(1)

The mayor or chairperson of the local authority must preside at each meeting of the local authority at which he or she is present unless the mayor or chairperson vacates the chair for a particular meeting.

(2)

The chairperson of a committee must preside at each meeting of the committee at which he or she is present unless the chairperson vacates the chair for a particular meeting.

(3)

The local authority may appoint a member of a committee to be the chairperson of that committee and, if the local authority, on the appointment of the committee, does not appoint a chairperson, that power may be exercised by the committee.

(4)

The local authority or the committee may appoint a deputy chairperson to act in the absence of the chairperson.

(5)

If the mayor or chairperson of a local authority or the chairperson of a committee is absent from a meeting, the deputy mayor or deputy chairperson (if any) of the local authority or committee must preside.

(6)

However, if a deputy mayor or deputy chairperson has not been appointed, or if the deputy mayor or deputy chairperson is also absent, the members of the local authority or of the committee that are present must elect 1 of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the mayor or chairperson.

Compare: 1974 No 66 s 114L

Schedule 7 clause 26(6): amended, on 7 July 2004, by section 26(9)(a) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 26(6): amended, on 7 July 2004, by section 26(9)(b) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Procedures at meetings

27 Standing orders

(1)

A local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees.

(2)

The standing orders of a local authority must not contravene this Act, the Local Government Official Information and Meetings Act 1987, or any other Act.

(3)

After the adoption of the first standing orders of the local authority, an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present.

(4)

A local authority or committee may temporarily suspend standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension.

(5)

Where a local authority wishes to permit the use of audio link or audiovisual link for the purposes of clause 25A(1)(a), the local authority—

(a)

must first provide for this matter in its standing orders; and

(b)

may include in its standing orders matters concerning the use of audio links or audiovisual links at meetings, including, without limitation,—

(i)

specifying the type or types of meeting at which members may participate by way of audio link or audiovisual link; and

(ii)

attendance requirements; and

(iii)

prescribing any method or technology of audio links and audiovisual links; and

(iv)

any other requirements that the local authority considers are appropriate to maintain public confidence in the transparency and integrity of decision-making processes and the conduct of members during these processes; and

(v)

specifying that any person wishing to participate in this manner must make prior arrangement with the local authority.

Compare: 1974 No 66 s 114M

Schedule 7 clause 27(5): inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

28 Minutes of proceedings

(1)

A local authority must keep minutes of its proceedings.

(2)

Minutes of proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those proceedings.

Compare: 1974 No 66 s 114N

29 Proceedings not invalidated by vacancies, irregularities, etc

An act or proceeding of a local authority or committee, or of a person acting as a member of a local authority or committee, is not invalidated by—

(a)

a vacancy in the membership of the local authority or committee at the time of that act or proceeding; or

(b)

the subsequent discovery—

(i)

of some defect in the election or appointment of the person acting as a member of the local authority or committee; or

(ii)

that that person was or is incapable of being a member.

Compare: 1974 No 66 s 114O

Subordinate decision-making structures

30 Power to appoint committees, subcommittees, other subordinate decision-making bodies, and joint committees

(1)

A local authority may appoint—

(a)

the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate; and

(b)

a joint committee with another local authority or other public body in accordance with clause 30A.

(2)

A committee may appoint the subcommittees that it considers appropriate unless it is prohibited from doing so by the local authority.

(3)

A committee or other subordinate decision-making body is subject in all things to the control of the local authority, and must carry out all general and special directions of the local authority given in relation to the committee or other body or the affairs of the committee or other body.

(4)

A subcommittee is subject in all things to the control of the committee that appointed it, and must carry out all general and special directions of the committee given in relation to the subcommittee or its affairs.

(5)

Unless expressly provided otherwise in an Act,—

(a)

a local authority may discharge or reconstitute a committee or subcommittee or other subordinate decision-making body; and

(b)

a committee may discharge or reconstitute a subcommittee.

(6)

Nothing in this clause entitles a local authority or committee to rescind or amend a decision made under a delegation authorising the making of decision by a committee, a subcommittee, or another subordinate decision-making body.

(7)

A committee, subcommittee, or other subordinate decision-making body is, unless the local authority resolves otherwise, deemed to be discharged on the coming into office of the members of the local authority elected or appointed at, or following, the triennial general election of members next after the appointment of the committee, subcommittee, or other subordinate decision-making body.

(8)

[Repealed]

(9)

[Repealed]

(10)

[Repealed]

Compare: 1974 No 66 ss 114P, 114R, 114S(3)–(5)

Schedule 7 clause 30(1)(b): amended, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 7 clause 30(8): repealed, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 7 clause 30(9): repealed, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 7 clause 30(10): repealed, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

30A Joint committees

(1)

A local authority may not appoint a joint committee under clause 30(1)(b) unless it has first reached agreement with every other local authority or public body that is to appoint members of the committee.

(2)

An agreement under subclause (1) must specify—

(a)

the number of members each local authority or public body may appoint to the committee; and

(b)

how the chairperson and deputy chairperson of the committee are to be appointed; and

(c)

the terms of reference of the committee; and

(d)

what responsibilities (if any) are to be delegated to the committee by each local authority or public body; and

(e)

how the agreement may be varied.

(3)

An agreement under subclause (1) may also specify any other matter relating to the appointment, operation, or responsibilities of the committee that the parties agree.

(4)

A local authority or public body must not enter into an agreement under subclause (1) that is inconsistent with any enactment applying to that local authority or public body, or its members.

(5)

A joint committee appointed under clause 30(1)(b) is deemed to be both a committee of the appointing local authority and a committee of each other local authority or public body that has appointed members to the committee.

(6)

This Part applies to a joint committee except that—

(a)

the powers to discharge any individual member and appoint another in his or her stead must be exercised by the local authority or public body that made the appointment; and

(b)

the quorum at a meeting of the committee consists of—

(i)

half of the members if the number of members (including vacancies) is an even number; or

(ii)

a majority of members if the number of members (including vacancies) is an odd number; and

(c)

the following matters may be varied by an agreement under subclause (1):

(i)

the procedure by which the chairperson and deputy chairperson are to be appointed:

(ii)

the procedure by which the chairperson or deputy chairperson may be removed from that office:

(iii)

whether a quorum must include 1 or more members appointed by each party, or any party:

(iv)

the extent to which the standing orders of any local authority or public body apply to meetings of the joint committee.

(6A)

For the purposes of subclause (6)(b), a mayor who is a member of the committee solely by operation of section 41A(5) is not counted as a member of the committee for the purposes of determining—

(a)

the number of members required to constitute a quorum; or

(b)

whether a quorum exists at a meeting.

(7)

Nothing in subclauses (1) to (4) applies to a joint committee constituted or continued by, or required to be constituted or continued by, an enactment other than this Act.

Schedule 7 clause 30A: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 7 clause 30A(6A): inserted, on 22 October 2019, by section 34(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 7 clause 30A(7): amended, on 22 October 2019, by section 34(3) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

31 Membership of committees and subcommittees

(1)

A local authority may appoint or discharge any member of a committee or a subcommittee.

(2)

Unless directed otherwise by the local authority, a committee may appoint or discharge any member of a subcommittee appointed by the committee.

(3)

The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee.

(4)

Despite subclause (3),—

(a)

at least 1 member of a committee must be an elected member of the local authority; and

(b)

an employee of a local authority acting in the course of his or her employment may not act as a member of any committee unless that committee is a subcommittee.

(5)

If a local authority resolves that a committee, subcommittee, or other decision-making body is not to be discharged under clause 30(7), the local authority may replace the members of that committee, subcommittee, or other subordinate decision-making body after the next triennial general election of members.

(6)

The minimum number of members—

(a)

is 3 for a committee; and

(b)

is 2 for a subcommittee.

Compare: 1974 No 66 s 114R

Delegations

32AA Meaning of officer

For the purposes of clauses 32, 32A, and 32B, officer means—

(a)

a named person; or

(b)

the person who is for the time being the holder of a specified office.

Schedule 7 clause 32AA: inserted, on 28 June 2006, by section 28(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

32 Delegations

(1)

Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority’s business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except—

(a)

the power to make a rate; or

(b)

the power to make a bylaw; or

(c)

the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d)

the power to adopt a long-term plan, annual plan, or annual report; or

(e)

the power to appoint a chief executive; or

(f)

the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

(g)
[Repealed]

(h)

the power to adopt a remuneration and employment policy.

(2)

Nothing in this clause restricts the power of a local authority to delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority the power to do anything precedent to the exercise by the local authority (after consultation with the committee or body or person) of any power or duty specified in subclause (1).

(3)

A committee or other subordinate decision-making body, community board, or member or officer of the local authority may delegate any of its responsibilities, duties, or powers to a subcommittee or to another committee or subordinate decision-making body, community board, or member or officer of the local authority, but, to avoid doubt, if doing so is itself a sub-delegation, the power to so delegate is subject to any conditions, limitations, or prohibitions imposed in connection with the primary delegation.

(4)

A committee, subcommittee, other subordinate decision-making body, community board, or member or officer of the local authority to which or to whom any responsibilities, powers, or duties are delegated may, without confirmation by the local authority or committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them.

(5)

A local authority may delegate to any other local authority, organisation, or person the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters.

(6)

A territorial authority must consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.

(7)

To avoid doubt, no delegation relieves the local authority, member, or officer of the liability or legal responsibility to perform or ensure performance of any function or duty.

(8)

The delegation powers in this clause are in addition to any power of delegation a local authority has under any other enactment.

Compare: 1974 No 66 s 114Q

Schedule 7 clause 32(1)(c): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Schedule 7 clause 32(1)(d): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Schedule 7 clause 32(1)(f): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Schedule 7 clause 32(1)(g): repealed, on 7 July 2004, by section 26(12) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 32(1)(h): inserted, on 5 December 2012, by section 38(4) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Schedule 7 clause 32(3): replaced, on 21 March 2019, by section 26(3) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

32A Delegation of power to issue warrants to enforcement officers

(1)

A local authority may delegate to a committee or member or officer of the local authority the power to issue warrants to enforcement officers.

(2)

A delegation under subclause (1) may—

(a)

limit or restrict the exercise of the power; or

(b)

impose conditions on the exercise of the power; or

(c)

prohibit, in specified circumstances, the exercise of the power.

(3)

The local authority must determine the matters in subclause (2) before acting under subclause (1).

(4)

Clause 32(2) to (8), with all necessary modifications, applies to a delegation made under this clause.

Schedule 7 clause 32A: inserted, on 7 July 2004, by section 26(14) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

32B Delegation of powers by officer

(1)

An officer of a local authority may delegate to any other officer of the local authority 1 or more of his or her powers under this Act or any other enactment except—

(a)

the power to delegate under this clause; or

(b)

any power delegated to the officer under clause 32 that is subject to a prohibition on delegation; or

(c)

any power under an enactment where the enactment expressly prohibits the delegation of the power.

(2)

An officer acting under subclause (1) may include conditions, limitations, or prohibitions in the delegation.

(3)

An officer to whom any responsibilities, powers, or duties are delegated may, without confirmation by the officer that made the delegation, exercise or perform them in the like manner and with the same effect as if the officer who made the delegation could himself or herself have exercised or performed them.

(4)

To avoid doubt, no delegation relieves the officer of the liability or legal responsibility to perform or ensure performance of any function or duty.

Schedule 7 clause 32B: inserted, on 7 July 2004, by section 26(14) of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Schedule 7 clause 32B(1)(a): amended, on 28 June 2006, by section 28(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Employment of staff

33 Appointment of chief executive

The local authority must, in making an appointment under section 42, have regard to the need to appoint a person who will—

(a)

discharge the specific responsibilities placed on the appointee; and

(b)

imbue the employees of the local authority with a spirit of service to the community; and

(c)

promote efficiency in the local authority; and

(d)

be a responsible manager; and

(e)

maintain appropriate standards of integrity and conduct among the employees of the local authority; and

(f)

ensure that the local authority is a good employer; and

(g)

promote equal employment opportunities.

Compare: 1974 No 66 s 119C

34 Terms of employment of chief executive

(1)

A chief executive appointed under section 42 may not be appointed for a term of more than 5 years.

(2)

The local authority and the chief executive must enter into a performance agreement.

(3)

When the term of appointment expires, a vacancy exists in the office of the chief executive, and that vacancy must be advertised.

(4)

Despite subclause (3), if the local authority has completed a review under clause 35, that local authority may, without advertising the vacancy, appoint the incumbent chief executive for a second term not exceeding 2 years on the expiry of the first term of appointment.

(5)

After completing a review under clause 35, but before the date on which the chief executive’s contract of employment for the first term expires, the local authority must resolve whether or not to—

(a)

appoint the chief executive for a second term under subclause (4); or

(b)

advertise the vacancy.

(6)

If a vacancy is advertised,—

(a)

the incumbent chief executive may apply for the position; and

(b)

the local authority must give due consideration to any application for the position by the incumbent chief executive.

(7)

Despite the provisions of any other enactment or rule of law, a chief executive has no right or expectation of renewed employment at the end of any term.

35 Performance review at end of first term of appointment

(1)

A local authority must, not less than 6 months before the date on which the chief executive’s contract of employment for the first term expires, conduct and complete a review of the employment of the chief executive.

(2)

The review must assess—

(a)

the performance of the chief executive; and

(b)

the mix of skills and attributes possessed by the chief executive, and the degree to which they are consistent with the skills and attributes that the local authority considers necessary for the future; and

(c)

any other factors that the local authority considers relevant.

(3)

To avoid doubt, responsibility for determining the degree to which any factors in subclause (2)(a) and (b) apply to a review, and the relevance of any additional factors under subclause (2)(c), rests solely with the local authority.

(4)

Subclause (1) does not apply if the incumbent chief executive declares in writing to the local authority that he or she does not wish to be considered for appointment to a second term.

Compare: 1974 No 66 s 119E

36 Local authority to be good employer

(1)

A local authority, and any other person having responsibility for the selection and management of employees of the local authority, must operate a personnel policy that complies with the principle of being a good employer.

(2)

For the purposes of this clause, a good employer means an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—

(a)

good and safe working conditions; and

(b)

an equal employment opportunities programme; and

(c)

the impartial selection of suitably qualified persons for appointment; and

(d)

recognition of—

(i)

the aims and aspirations of Māori; and

(ii)

the employment requirements of Māori; and

(iii)

the need for greater involvement of Māori in local government employment; and

(e)

opportunities for the enhancement of the abilities of individual employees; and

(f)

recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and

(g)

recognition of the employment requirements of women; and

(h)

recognition of the employment requirements of persons with disabilities.

(3)

In addition to the requirements specified in subclauses (1) and (2), a local authority,—

(a)

when making an appointment, must give preference to the person who is best suited to the position; and

(b)

must ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.

Compare: 1974 No 66 s 119F

36A Remuneration and employment policy

(1)

A local authority may adopt a policy that sets out the policies of the local authority in relation to—

(a)

employee staffing levels; and

(b)

the remuneration of employees.

(2)

A local authority must review a policy adopted under this clause at intervals of no more than 3 years.

Schedule 7 clause 36A: inserted, on 5 December 2012, by section 38(5) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Part 1A Provisions relating to local boards and their members

Schedule 7 Part 1A: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

36B Code of conduct

Each member of each local board must comply with the code of conduct adopted by the governing body under clause 15.

Schedule 7 clause 36B: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

36C Delegations to local boards from governing body

(1)

The governing body may delegate to a local board any of its responsibilities, duties, and powers, except the powers described in clause 32(1)(a) to (f).

(2)

However, nothing in subclause (1) restricts the governing body’s power to delegate to a local board the power to do anything precedent to the exercise by the governing body of any power referred to in clause 32(1)(a) to (f).

(3)

In deciding whether to make a delegation, the governing body must weigh the benefits of reflecting local circumstances and preferences (through a delegation) against the importance and benefits of using a single approach in the district (through itself retaining the responsibility, duty, or power concerned).

(4)

A local board to which the governing body has delegated a responsibility, duty, or power may, without confirmation by the governing body, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the governing body could have exercised or performed it.

(5)

No delegation under this section relieves the governing body of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty.

Schedule 7 clause 36C: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

36D Delegations by local boards

(1)

For the purposes of efficiency and effectiveness in the conduct of a local board’s business, a local board may delegate to a committee, subcommittee, or member of the local board, or to an officer of the unitary authority, any of its responsibilities, duties, and powers, except—

(a)

the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the unitary authority:

(b)

the power to propose a bylaw or an amendment to a bylaw:

(c)

the power to confirm a bylaw or modify a proposed bylaw:

(d)

the power to propose the revocation of a bylaw:

(e)

the duty to adopt the local board plan for its area:

(f)

the duty to enter into a local board agreement for its area with the governing body of the unitary authority:

(g)

the power to apply to the Commission for a binding determination in respect of a dispute between the local board and the governing body:

(h)

a responsibility, duty, or power that this Act or any other Act expressly provides may not be delegated.

(2)

However, nothing in subclause (1) restricts the power of a local board to delegate to a committee, subcommittee, or member of the local board, or to an officer of the unitary authority, the power to do anything precedent to the performance or exercise by the local board of a responsibility, duty, or power specified in that subclause.

(3)

Subclause (1) applies to any responsibilities, duties, or powers delegated to the local board by the governing body subject to any conditions, limitations, or prohibitions imposed by the governing body when making the original delegation.

(4)

A committee, subcommittee, or person to which or to whom a local board has delegated a responsibility, duty, or power, may,—

(a)

without confirmation by the local board, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the local board could have exercised or performed it:

(b)

delegate the responsibility, duty, or power to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the local board when making the original delegation.

(5)

No delegation relieves the local board of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty.

Schedule 7 clause 36D: inserted, on 8 August 2014, by section 71 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Part 2 Provisions relating to community boards and their members

37 Chairpersons of community boards

(1)

A community board must have a chairperson.

(2)

Clause 25 applies to the election of chairpersons of community boards.

Compare: 1974 No 66 s 101ZT

38 Provision of administrative and other facilities for community boards

A territorial authority within whose district the community of a community board is situated must provide the necessary administrative and other facilities for that community board.

Compare: 1974 No 66 s 101ZZB

39 Expenses of community boards

(1)

The expenses of the performance and exercise by a community board of its responsibilities, duties, and powers must be paid by the territorial authority within whose district the community is situated.

(2)

The territorial authority may fix a limit within which expenditure may be incurred under subclause (1), and no community board may incur expenditure in excess of any limit so fixed without the prior approval of the territorial authority.

(3)

This clause does not apply in respect of any expenditure for which any rate has been made and levied within the community.

Compare: 1974 No 66 s 101ZZC

Schedule 7 clause 39(1): amended, on 27 November 2010, by section 46 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).