Agenda of Council Meeting

B.1 STRATEGY AND OPERATIONS COMMITTEE

Chair

Deputy Chair

Members

The Mayor and all Councillors

1 Māori appointee with voting rights

RESPONSIBILITIES

This Committee will deal with all decision-making that is not the responsibility of the Council. Key responsibilities will include:

· Setting and approving the policy and strategy work programme

· Overviewing strategic programmes

· Liaison and planning with other territorial authorities

· Development and/or review of strategies, plans, policies and bylaws

· Preparation of District Plan and Plan Changes

· Oversight of any shared services initiatives

· Economic development strategy

· Reviewing and approving community contracts

· Receive annual reports from any community or advisory group

· Financial management, including risk mitigation

· Approval of non-budgeted expenditure

· Approval of contracts and contract variations outside the Chief Executive’s delegations

· Write-offs and remissions

· Financial policies

· All regulatory and planning matters from an operational perspective

· Property purchases or sales

· Operational aspects of bylaws

· Civil defence and emergency management matters

· Procedural matters relation to electoral processes not otherwise delegated to the Chief Executive

· Signing off any submission to an external agency or body

The Chair of the Committee, in consultation with the Group Manager Regulatory Services will have the responsibility for the appointment of (RMA-related) hearing panels. The delegations for Hearing Commissioners both independent and Elected Member, follow this section.

POWERS

(i) All powers necessary to perform the committee’s responsibilities, except:

(a) powers that the Council cannot delegate or has retained to itself

(b) where the committee’s responsibility is limited to making a recommendation only

(ii) Power to establish subcommittees.

MEETING FREQUENCY

Twice monthly, unless otherwise required.

QUORUM

The quorum is half the members.

B.2A DELEGATIONS TO ELECTED MEMBER (ACCREDITED) HEARING COMMISSIONERS

Hearings Commissioners where they have been appointed and selected for any matters, have the following functions, duties and powers in accordance with the relevant sections of the Resource Management Act 1991, noting that those appointed have no further powers to delegate and accreditation is achieved through completion of the Ministry for the Environment Hearing Commissioners training course.

· Authority to hear submissions in relation to any plan change or variation including the Proposed District Plan and any request for a private plan change, making recommendations to Council or the Operations and Finance Committee, or decisions as appropriate;

· Authority regarding all matters relating to the hearing, determination and review of resource consents including the setting of conditions;

· Authority to determine any preliminary or procedural matters associated with any resource consent application, or notice of requirement, including questions of notification (public, non-notified or limited);

· Authority to consider and request changes to outline plans;

· Authority to consider all matters relating to existing use rights and to issue certificates;

· Authority to determine matters arising under Section 37 and 37A relating to time limits or to waive compliance with requirements of the Act;

· Authority to make on order protecting sensitive information under Section 42;

· Authority to hear and make recommendations to the relevant authority on notices of requirement including any alteration;

· Authority to hear submissions on Council requirements for designations and heritage orders and to make recommendations to Council confirming, withdrawing, cancelling or modifying such requirements;

· Such powers, duties and discretions as are necessary to administer the transitional parts of Part 15 (Transitional Provisions) of the RMA 1991 in respect of resource consents, subdivision consents and esplanade reserves and strips, and financial contributions;

· Authority to hear and determine objections under Section 357, 357A and 357B.

B.2B DELEGATIONS TO INDEPENDENT (ACCREDITED) HEARING COMMISSIONERS

Independent Accredited Hearing Commissioners where they have been appointed and selected for any matters have the following functions, duties and powers under the Resource Management Act 1991 noting that those appointed have no further powers to delegate and accreditation is achieved through completion of the Ministry for the Environment Hearing Commissioners training course.

· Authority regarding all matters relating to the hearing, determination and review of resource consents including the setting of conditions;

· Authority to consider and request changes to outline plans;

· Authority to consider all matters relating to existing use rights and to issue certificates;

· Authority to consider applications and grant certificates of compliance under Section 139;

· Authority to determine matters arising under Section 37 and 37A relating to time limits or to waive compliance with requirements;

· Authority to make an order protecting sensitive information under Section 42;

· Authority to hear and make recommendations to the requiring authority on notices of requirement including any alteration;

· Authority to hear and determine objections under Section 357, 357A and 357B.

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C.1 AUDIT AND RISK SUBCOMMITTEE

Chair
Deputy Chair
Members	Mayor, Deputy Mayor, Chair of Strategy and Operations, and Deputy Chair of Strategy and Operations
	2 external appointees

RESPONSIBILITIES

This Committee will monitor the Council’s financial management and reporting mechanisms and framework and review the audit and risk function, ensuring the existence of sound internal systems. Key responsibilities will include:

· Reviewing and maintaining the internal control framework;

· Reviewing processes for ensuring the completeness and quality of financial and operational information, including performance measures, being provided to Council;

· Considering Council’s existing accounting policies and principles;

· Obtaining from external auditors any information relevant to the Council’s financial statements, and assessing whether appropriate action has been taken by management in response to the above;

· Ensuring that the Council’s financial statements are supported by appropriate management signoff and adequate systems of internal control (ie letters of representation);

· Considering regular reports on the status of investigations by the Office of the Ombudsman into decisions by the Council;

· Ensuring that Council has in place a current and comprehensive risk management framework and making recommendations to the Council on risk mitigation;

· Assisting elected members in the discharge of their responsibilities by ensuring compliance procedures are in place for all statutory requirements relating to their role;

· Confirming the terms of engagement for each audit with a recommendation to the Council; and receiving the external audit reports for recommendation to the Council;

· Governance role in regards to the Health and Safety Leadership Charter and Health and Safety Plan.

POWERS

All powers necessary to perform the Subcommittee’s responsibilities, except:

(a) powers that the Council cannot delegate or has retained to itself

(b) where the Committee’s responsibility is limited to making a recommendation only

MEETING FREQUENCY

On a quarterly basis or as required.

QUORUM

The quorum is a majority of members.

C.2 CHIEF EXECUTIVE PERFORMANCE AND EMPLOYMENT COMMITTEE

Chair

Mayor

Deputy Chair

Members

All Councillors

1 external appointee (advisory only, no voting rights)

RESPONSIBILITIES

This Committee will manage the Contract of Employment between the Council and the Chief Executive. Key responsibilities will include:

· Being a good employer

· Approving the employment agreement including the setting of performance indicators

· Working with the Chief Executive to implement a new performance agreement

· Conducting performance reviews as per the agreement and clauses 34 and 35 of Schedule 7 of the Local Government Act 2002

· Making decisions about remuneration

· Considering and deciding on any other relevant issues

· Investigating and addressing any disciplinary or performance issues

· Seeking the advice of appropriately qualified external advisors in relation to any aspect of the Chief Executive’s employment and performance

· Making recommendation/s to Council on the appointment of a Chief Executive.

POWERS

All powers necessary to perform the committee’s responsibilities, except:

(a) powers that the Council cannot delegate or has retained to itself (i.e. appointment of the Chief Executive)

(b) where the Committee’s responsibility is limited to making a recommendation only

MEETING FREQUENCY

As per the requirements of the performance agreement (usually six-monthly).

QUORUM

As this is a committee ‘of the whole’ the quorum is a majority of members. The appointed member has an advisory role only (no voting rights).

C.3 APPEALS HEARING COMMITTEE

Chair
Deputy Chair
Members	Mayor, Deputy Mayor and Chair of Strategy and Operations & 1 Councillor

RESPONSIBILITIES

This Committee will act in a regulatory capacity on behalf of Council in regards to appeals or objections required to be heard under relevant pieces of legislation. Key responsibilities will include:

Dog Owners’ Objections

· Hearing and adjudicating objections from dog owners to classifications of dog owners and/or dogs under the Dog Control Act 1996 as per the following sections:

o Objection to classification as probationary owner (s22)

o Objection to disqualification (s26)

o Objection to classification of dangerous dog (s31(3))

o Objection to classification of menacing dog (by nature) (s33B)

o Objection to classification of menacing dog (by breed) (s33D)

o Barking dog abatement notice (s55(2))

· Hearing and determining applications made under the Kapiti Coast District council dog Control Bylaw 2008 (‘the Bylaw’) for medical exemption for dogs from clauses 6.1 and 6.4 of the Bylaw including the imposition of any conditions surrounding any such exemptions.

Transport and Roading

· Authority to hear and determine objections to the fixing of road levels (13^th schedule, Local Government Act 1974)

Littering

· Authority to hear appeals against infringement notices issued under Sections 13 and 14 of the Litter Act 1976.

Development Contributions

· Authority to hear and determine objections to development contributions received prior to 8 August 2014.

POWERS

All powers necessary to perform the Committee’s responsibilities, except the powers that the Council cannot delegate or has retained to itself.

MEETING FREQUENCY

As required.

QUORUM

The quorum is a majority of members.

C.4 GRANTS ALLOCATION COMMITTEE

Chair
Deputy Chair
Members	Mayor and 5 Councillors

Programme membership		Quorum
CCNZ programme	2 Councillors (as per Creative NZ guidelines) 3 community representatives 3 tāngata whenua representatives (1 per iwi) 1 youth representative	A majority of members
Community Grants	Mayor and 3 Councillors 2 community representatives 1 tāngata whenua representative	A majority of members
Waste Levy programme	Mayor and 3 Councillors 1 representative from the Paraparaumu-Raumati Community Board 1 representative from the Waikanae Community Board	Half the members
Districtwide Hall Hire Remission	Mayor and 3 Councillors	Half the members
Heritage Fund	Mayor and 3 Councillors	Half the members

RESPONSIBILITIES

This Committee will consider, and allocate grant moneys in accordance with the meeting cycles and criteria of five granting programmes. Key responsibilities will include assessing applications and allocating funds in accordance with each programme’s criteria, considering factors such as (but not limited to):

· the clear aims and objectives of the applicant;

· the project or event for which the grant is requested;

· where appropriate, evidence of a sound management structure, and good financial management;

· how closely the application fits with the scheme criteria;

· the identification and evaluation of local needs;

· the use of any previous money granted by Council or Creative New Zealand;

· the level of community involvement in the project;

· the expected outcomes and benefits of the service/project for the Kāpiti Coast District.

Following are brief descriptions of the granting programmes:

Community Grants

The aim of this programme is to strengthen local communities by providing financial support through this programme. Funding is provided to not-for-profit organisations to assist in the achievement of a social environment that ensures the Kapiti Coast District is a good place to live for all sectors of the community. The programme will provide grants to non-profit organisations which provide local, community-based services in response to identified needs. Community grants may be allocated to proposals that seek to achieve one or more of the following outcomes:

1. Building resilient, sustainable communities

2. Encouraging greater community participation

3. Improving the quality of life of the participants

4. Working in partnership with a range of community groups, including iwi.

Creative Communities Scheme (CCS)

Council administers this programme in partnership with Creative New Zealand. Creative New Zealand intends that the principal aims of the Scheme are to provide creative opportunities for local communities to engage with and participate in arts activities; support the diverse arts and cultural traditions of local communities; and enable and encourage young people (under 18 years) to engage with and actively participate in the arts. Creative New Zealand provides the Scheme’s annual funding to the Kapiti Coast District Council and the scheme criteria.

Districtwide Hall Hire Remissions

This programme is to assist hall users whose event is benefiting the District as a whole rather than an individual community.

Heritage Fund Allocations

This fund aims to assist and actively encourage landowners and members of the Kapiti Coast community to manage, protect and enhance heritage features throughout the District including ecological, geological, historical and cultural areas and sites.

Waste Levy Fund grants

The objective of this programme is to assess applications and allocate Waste Levy grants for projects which achieve a high level of community involvement in practical on-the-ground waste minimisation projects which encourage community participation and long term action.

POWERS

All powers necessary to perform the Committee’s responsibilities except powers that the Council cannot delegate or has retained to itself.

MEETING FREQUENCY

The meeting cycles for the granting programmes are as follows:

Creative Communities New Zealand Twice yearly (April & August)

Community Grants Annually (October)

Districtwide Hall Hire Remissions Annually (Sept) or as required

Heritage Fund Annually (February)

Waste Levy Twice yearly (March & Dec)
C.5 CAMPE ESTATE SUBCOMMITTEE

Chair

Mayor

Members

Paekākāriki-Raumati Ward Councillor Holborow

The Chief Executive

NB: Membership is outlined in the Will of the late Sydney George Campe. Should any of these positions cease to exist the Council is to appoint other similar members to the Subcommittee

RESPONSIBILITIES

This Subcommittee administers the Campe Estate funds deriving from the sale of 6 Robertson Road Paekākāriki, bequeathed to the Council in 1991 as a Gift on Special Trust. The conditions are:

· That the Council uses the property and/or the income from it for charitable purposes which will benefit the people of Paekākāriki township;

· That the Council uses the property for the benefit of the youth of Paekākāriki.

The Subcommittee also administers the funds deriving from the interest of the Arthur Thomas Clarke Trust, for the benefit of the residents of the Paekākāriki residents.

Decisions about allocations under the two funds are made concurrently.

POWERS

All powers necessary to perform the Subcommittee’s responsibilities.

MEETING FREQUENCY

Twice-yearly, or whenever required in order to fulfil its responsibilities.

QUORUM

The quorum is a majority of members.

D. COMMUNITY BOARDS

PAEKĀKĀRIKI

Chair
Deputy Chair
Membership

PARAPARAUMU/RAUMATI

Chair
Deputy Chair
Membership

WAIKANAE

Chair
Deputy Chair
Membership

ŌTAKI

Chair
Deputy Chair
Membership

RESPONSIBILITIES

The powers of a community board are prescribed in the Local Government Act (see Appendix G). In addition the Council has made the following specific delegations:

· Authority to listen, articulate, advise, advocate and make recommenations to Council on any matter of interst or concern to the local community

· Assisting with local civil defence and emergency management activities

· Working with Council and the community to establish Local Outcome Statements

· Providing a local perspective on the levels of service as detailed in the LTP and on local expenditure, rate impacts and priorities

· Providing advice to Council and its Committees on any issue relating to the sale of liquor in the local area

· Contributing local input to any Council Strategy, Plan or Policy as required

· Approving criteria for, and disbursement of, community-based grant funds as approved through the LTP or Annual Plan

· Approving or rejecting applications by community groups to establish community gardens, in accordance with the licensing requirements under the Reserves Act 1977 and the Council’s Mara Kai/Community Gardens policy

· Authority to approve or reject officer recommendations relating to traffic control and signage matters for existing local roads, except those matters that involve significant safety issues.

· Making recommendations to Council after reviewing existing, or considering new draft Reserve Management Plans for local public parks and reserves within its area, excluding Otaraua Park (as a park of Districtwide significance).

· Assisting the Chief Executive (through the Community Board Chairperson) to consider and determine temporary road closure applications where there are objections to the proposed road closure

· Accepting or rejecting officer recommendations in respect of names for local roads (excluding the former State Highway) and any reserves, structures and commemorative places, in accordance with existing council policy;

· Speaking but not voting at Council and Committee meetings (the Chair may appoint a Board member to represent them). (Note: Consideration will be undertaken on a case-by-case basis by either Council and/or a Committee as to whether they resolve that a Community Board Chair or their representative stays in attendance for any public-excluded session of Council and/or a Committee.)

· Developing any Community Board submission on issues within its area;

· Setting priorities for and expending an annual training and development budget allocated by Council;

· Any other responsibilities as delegated by Council under under Section 52, Local Government Act 2002.

FOR THE WAIKANAE COMMUNITY BOARD

· Considering and making recommendations to Council on the proposed use of the Waikanae Capital Improvement Fund for the purpose of funding capital projects within the Waikanae Community Board boundary. This is for expenditure over and above the approved annual grant allocations from this fund.

FOR THE PAEKĀKĀRIKI COMMUNITY BOARD

· Considering and making recommendations to the Campe Estate Subcommittee on grant applications received seeking funding from the Campe Estate funding, and distribute the funds deriving from the Arthur Thomas Clarke Trust.

POWERS

All powers necessary to perform the Board’s responsibilities except where the Board’s responsibility is limited to making a recommendation only.

MEETING FREQUENCY

On a six-weekly basis or as required.

QUORUM

Where the number of members (elected and appointed) is odd, the quorum is a majority of members.

Where the number of members (elected and appointed) is even, the quorum is half the members.

SECTION E – JOINT COMMITTEES (where Council is a member)

SECTION E.1

WELLINGTON REGION WASTE MANAGEMENT AND MINIMISATION JOINT COMMITTEE

Appointed member

PARTNERSHIP FRAMEWORK

1 This Joint Committee is a joint standing committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002.

2 The Joint Committee is not deemed to be discharged following each triennial election.

CONSTITUTION

3 All territorial authorities in the Wellington Region are signatories and stakeholders in the Wellington Region Waste Management and Minimisation Plan officially adopted in October 2011:

o Kapiti Coast District Council

o Masterton District Council

o Hutt City Council

o Upper Hutt City Council

o Porirua City Council

o South Wairarapa District Council

o Carterton District Council

o Wellington City Council

4 Each territorial authority in the region will be entitled to appoint one member to the Joint Committee.

5 The Chair will be elected by the Joint Committee. A new Chair and Deputy Chair must be elected at least once every triennium following local body elections.

MEETING FREQUENCY

6 The Joint Committee will meet on an as required basis.

7 Meetings will be hosted on a rotational basis by territorial authorities across the region. The Committee shall establish a roster for the hosting of meetings.

8 Secretariat support for meetings will be provided by the host Council.

OBJECTIVE

9 The role of the Joint Committee is to oversee the implementation of the Wellington Region Waste Management and Minimisation Plan 2011-2017 and its statutory review which is required not more than six years after the last review.

DELEGATED AUTHORITY

10 The Joint Committee will have delegated responsibility and authority to carry out activities within its terms of reference including:

a. accept and consider advice and reports on the implementation of the Wellington Region Waste Management and Minimisation Plan (‘the Plan’) and future Wellington Waste Management and Minimisation Plans.

b. take decisions on the implementation of aspects of the Plan where the matter for decision is not an operational matter that falls under officers’ delegated responsibilities and where the matter is provided for in the Plan and/or budget has been made available by territorial authorities for that matter.

c. monitor and review the management and implementation of the Plan.

d. report back to territorial authorities of the Wellington Region on any aspect of the implementation of the Plan, including: recommendations for funding projects of the Plan, recommendations for the management of the Plan and reports on the effectiveness of the Plan.

e. report back to the territorial authorities with any recommended amendments to the Plan and/or recommended variations to the Terms of Reference of the Committee.

SECTION E.2 WELLINGTON REGIONAL STRATEGY (WRS) JOINT COMMITTEE

Appointed member
Alternate

OBJECTIVE

1 The Wellington Regional Strategy (WRS) Committee is established to implement and develop the WRS, including overseeing the Wellington Regional Economic Development Agency (WREDA) to deliver tourism, events and business growth initiatives in the Wellington region.

SPECIFIC RESPONSIBILITIES

2 The Committee’s responsibilities include:

a. On behalf of the Council, and acting on behalf of all councils in the region:

i. To take responsibility for overall guidance and further development of the WRS. To provide regional leadership, engage and establish partnerships with key Government agencies and non-government agencies involved in economic development, acknowledging that constituent local authorities also have leadership roles within their cities and districts;

ii. To oversee and monitor the work of WREDA;

iii. To ensure the WRS continues to be relevant by reviewing economic trends, investigating opportunities for promoting economic growth through growing tourism, promoting major events, attracting and supporting businesses to grow and ensuring the region continues to prosper;

iv. To approve submissions to external organisations for matters pertaining directly to the committee’s responsibilities;

v. To recommend a required funding proposal to Greater Wellington Regional Council to be consulted on annually, in the course of the Greater Wellington Regional Council’s Annual Plan or Long Term Plan process which will include the proposed amount and allocation of a recommended targeted rate, to be collected by Greater Wellington Regional Council, to fund the existing and new economic development initiatives and the other initiatives outlined in the WRS.

b. b) On behalf of the shareholding councils of WREDA:

i. To receive and consider the half-yearly and annual reports of WREDA.

ii. To agree the annual Letter of Expectation to WREDA.

iii. To receive and consider WREDA’s draft statement of intent (SOI) and provide agreed feedback.

iv. To receive, consider and agree WREDA’s final SOI, and if necessary, require modifications to the statement of intent.

v. To provide recommendations to the shareholding councils regarding WREDA director appointments and/or removals and WREDA director remuneration.

OPERATING PRINCIPLES

3 The Council has agreed that it will not act independently of the Committee, so that any committee recommendations that the Council is not prepared to accept will be referred back to the Committee for further consideration. The Council and the territorial authorities of the region intend to complete a Multiparty Agreement to record their agreement in regard to the future implementation, governance, and funding of the WRS by the Council. The regional Chief Executives of GWRC, WCC and the Chair of the Chief Executives’ Forum will be the principal advisors to the Committee, after discussion with the wider Chief Executives’ Forum.

MEMBERSHIP

4 The membership of the WRS Committee will be 10 persons in total, appointed by the Council (from time to time) as follows:

a. One regional councillor.

b. Four members nominated by Wellington City Council.

c. One member nominated by each of Porirua City Council, Hutt City Council, Kapiti Coast District Council, and Upper Hutt City Council.

d. One member nominated by the three Wairarapa district councils.

5 The members may be replaced from time to time by the respective councils by providing written notice to the Greater Wellington Regional Council, confirming the amended nomination. The nominees must be elected members of the nominating council in order to be appointed by the Council.

CHAIRPERSON

6 The appointment of the Chairperson and deputy is to be determined by the full Committee.

QUORUM

7 The quorum shall be five members of the Committee, of which one must be the regional council member of the Committee, and one must be the Chairperson or Deputy Chairperson (once appointed). When the Committee is meeting to exercise the shareholding councils’ responsibilities in terms of the WREDA Shareholders’ Agreement (to determine agreed feedback on the draft SOI, to agree the final SOI or require that modifications be made to it) and to recommend director appointments/removals and director remuneration the quorum specified above shall include two Wellington City Council members of the Committee.

ALTERNATES

8 The regional councillor appointed to the Committee must have an alternate who may attend and vote at meetings of the Committee in the event of the appointed regional councillor's absence or unavailability.

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9 In the case of the Wellington City Council members appointed to the Committee, that Council may nominate a pool of up to four alternative members for appointment. In the event that a Wellington City Council member of the Committee is unavailable to attend a Committee meeting, any one person from the pool of the Council’s alternative members may attend and vote in their place.

10 Each of the other members is entitled to an alternate member who may attend and vote at meetings of the Committee, but only in the event that the nominated and appointed member is unable to do so.

REMUNERATION

11 Each council shall be responsible for remunerating its representative on the Committee for the cost of that person’s participation in the Committee.

TERM OF APPOINTMENT

12 Each member shall be appointed by the Council as soon as possible after each local government triennial election, and for a term that expires on the date of the next local government triennial election.

STANDING ORDERS

13 The Council's Standing Orders are adopted, subject to the inclusion of the following provisions relating to the WRS Committee:

(a) Voting

14 The acts of the Committee must be done and questions before the Committee must be decided at a meeting by vote. Each member of the Committee will have one equal vote and decisions will be made by simple majority.

(b) Chairperson voting

15 The Chairperson or other person presiding at a meeting:

i. has a deliberative vote; and

ii. 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).

DELEGATIONS

16 Each shareholding Council will delegate to its representative(s), and alternate(s) appointed to the Committee the responsibility and powers of the Council with regard to WREDA’s draft and final statement of intent.

DURATION OF THE COMMITTEE

17 In accordance with clause 30(7) of Schedule 7 of the Local Government Act 2002, the Wellington Regional Strategy Committee is not deemed to be discharged following each triennial election.

SECTION E.3 REGIONAL TRANSPORT JOINT COMMITTEE

Appointed member
Alternate

PURPOSE

1. To promote the objectives of the Land Transport Management Act 2003 (the Act) within the region, linking it to the regions of New Zealand and other transport systems.

SPECIFIC RESPONSIBILITIES

1. Prepare for approval by the Council the Wellington Regional Land Transport Plan and any variations to it.

2. Provide the Council with any advice and assistance it may request in relation to its transport responsibilities.

3. Adopt a policy that determines significance in respect of - - Variations made to the Regional Land Transport Plan - The activities that are included in the Regional Land Transport Plan.

4. Carry out consultation in accordance with the requirements set out in the Act.

5. Approve submissions to external organisations for matters pertaining directly to the committee’s purpose.

MEMBERSHIP

2. The membership set out below is consistent with the requirements of sub-section (2) of section 105 of the Act:

o Two persons to represent the regional council

o One person from each territorial authority in the region to represent that territorial authority

o One person to represent the New Zealand Transport Agency

3. The Council may, in accordance with clause 31(3) schedule 7 of the Local Government Act 2002, appoint non-local government advisors to the Committee for the purpose of assisting the Committee in its decision making.

VOTING ENTITLEMENT

4. Advisors appointed to the Committee have full speaking rights, but no voting entitlement on any matter.

ALTERNATES

5. The New Zealand Transport Agency and each territorial authority is entitled to nominate an alternate member who may attend and vote at meetings of the committee, but only in the event that the appointed member is unable to attend.

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QUORUM

6. The chairperson or deputy chairperson of the committee and at least 50% of the remaining voting membership.

CHAIRPERSON

7. Greater Wellington Regional Council must appoint from its representatives the chair and deputy chair of the Committee. (Section 105 (6) of the Land Transport Management Act 2003). The Chair has a deliberative vote and 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). (Section 105 (7) of the Land Transport Management Act 2003)

REMUNERATION

8. The advisors appointed to the Committee who are not otherwise being remunerated are entitled to receive Greater Wellington Regional Council’s standard daily meeting fee and mileage allowances payable to non-elected members of council committees for each meeting they attend.

SECTION F – APPOINTMENTS TO EXTERNAL ORGANISATIONS

ORGANISATION/BODY

APPOINTEES

Council Meeting Agenda

7 November 2019

Standing Orders

for meetings of Council

As adopted by Council on 7 November 2019

Preface

Standing orders contain rules for the conduct of the proceedings of local authorities, committees, subcommittees and subordinate decision-making bodies, and local and community boards. Their purpose is to enable local authorities to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner.

In doing so the application of standing orders contributes to greater public confidence in the quality of local governance and democracy in general.

These standing orders have been designed specifically for local authorities, their committees, subcommittees and subordinate decision-making bodies, and local and community boards. They fulfil the requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 with regard to the conduct of meetings.

Please note standing orders do not apply to advisory bodies or workshops unless incorporated in their specific terms of reference.

It is mandatory that councils adopt standing order for the conduct of their meetings and the meetings of any subordinate bodies, such as committees and subcommittees (see cl. 27 Schedule 7 of the Local Government Act 2002).

For clarity’s sake whenever a question about the interpretation or application of these standing orders is raised, particularly where a matter might not be directly provided for, it is the responsibility of the Chairperson of each meeting to make a ruling.

All members of a local authority must abide by standing orders.

Copyright Notice:

The Kapiti Coast District Council (Council) has been granted a royalty-free, non-exclusive, non-transferable and revocable licence to:

· amend the standing orders (Amended Standing Orders) so that they are suitable for the Council’s specific context and needs;

· copy the Amended Standing Orders for use by the Council’s employees and elected members and the public; and

· place the Amended Standing Orders on the Council or public website.

The Council will not supply or make available to any third party a copy of the Guide, the Standing Orders or the Amended Standing Orders other than as permitted by this licence. All other rights are reserved by EquiP, the copyright owner, under the Copyright Act 1994. Any request to use the standing orders for purposes other than those described above should be made directly to EquiP.

EquiP has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.

Contents

1. Introduction 10

1.1 Principles 10

1.2 Statutory references 10

1.3 Acronyms 11

1.4 Application 11

2. Definitions 11

General matters 16

3. Standing orders 16

3.1 Obligation to adopt standing orders 16

3.2 Process for adoption and alteration of standing orders 16

3.3 Members must obey standing orders 16

3.4 Application of standing orders 16

3.5 Temporary suspension of standing orders 16

3.6 Quasi-judicial proceedings 17

3.7 Physical address of members 17

4. Meetings 17

4.1 Legal requirement to hold meetings 17

4.2 Meeting duration 17

4.3 Language 17

4.4 Livestreaming of meetings 18

4.5 First meeting (inaugural) 18

4.6 Requirements for the first meeting 18

5. Appointments and elections 19

5.1 Mayoral appointment of deputy Mayor, committee chairs and members 19

5.2 Council Discharge of a Mayoral Appointment 19

5.3 Establishment of committees by the Mayor 19

5.4 Elections of regional Chairpersons, deputy Mayors and deputy Chairpersons 20

5.5 Removal of a deputy Mayor 20

5.6 Voting system for chairs, deputy Mayors and committee chairs 20

6. Delegations 21

6.1 Limits on delegations 21

6.2 Committees may delegate 21

6.3 Use of delegated powers 21

6.4 Decisions made under delegated authority cannot be rescinded or amended 22

6.5 Committees and sub committees subject to the direction of the local authority 22

6.6 Duty to consider delegations to community boards 22

7. Committees 22

7.1 Appointment of committees and subcommittees 22

7.2 Discharge or reconstitution of committees and subcommittees 22

7.3 Appointment or discharge of committee members and subcommittee members 23

7.4 Elected members on committees and subcommittees 23

7.5 Local authority may replace members if committee not discharged 23

7.6 Membership of Mayor 23

7.7 Decision not invalid despite irregularity in membership 24

7.8 Appointment of joint committees 24

7.9 Status of joint committees 24

7.10 Power to appoint or discharge individual members of a joint committee 24

Pre-meeting 25

8. Giving notice 25

8.1 Public notice – ordinary meetings 25

8.2 Notice to members - ordinary meetings 25

8.3 Extraordinary meeting may be called 25

8.4 Notice to members - extraordinary meetings 25

8.5 Public notice - extraordinary meetings 26

8.6 Process for calling an extraordinary meeting at an earlier time 26

8.7 Notification of extraordinary meetings held at an earlier time 26

8.8 Chief executive may make other arrangements 26

8.9 Meetings not invalid 26

8.10 Resolutions passed at an extraordinary meeting 27

8.11 Meeting schedules 27

8.12 Non-receipt of notice to members 27

8.13 Meeting cancellations 27

9. Meeting agenda 28

9.1 Preparation of the agenda 28

9.2 Process for raising matters for a decision 28

9.3 Chief executive may delay or refuse request 28

9.4 Order of business 28

9.5 Chairperson’s recommendation 28

9.6 Chairperson’s report 28

9.7 Public availability of the agenda 29

9.8 Public inspection of agenda 29

9.9 Withdrawal of agenda items 29

9.10 Distribution of the agenda 29

9.11 Status of agenda 29

9.12 Items of business not on the agenda which cannot be delayed 30

9.13 Discussion of minor matters not on the agenda 30

9.14 Public excluded business on the agenda 30

9.15 Qualified privilege relating to agenda and minutes 31

9.16 Decisions on water assets and services 31

Meeting Procedures 32

10. Quorum 32

10.1 Councils 32

10.2 Committees and subcommittees 32

10.3 Joint Committees 32

10.4 Requirement for a quorum 32

10.5 Meeting lapses where no quorum 33

10.6 Business from lapsed meetings 33

11. Public access and recording 33

11.1 Meetings open to the public 33

11.2 Grounds for removing the public 33

11.3 Local authority may record meetings 33

11.4 Public may record meetings 33

12. Attendance 34

12.1 Members right to attend meetings 34

12.2 Attendance when a committee is performing judicial or quasi-judicial functions 34

12.3 Leave of absence 34

12.4 Apologies 34

12.5 Recording apologies 35

12.6 Absent without leave 35

12.7 Right to attend by audio link 35

12.8 Member’s status: quorum 35

12.9 Member’s status: voting 35

12.10 Chairperson’s duties 35

12.11 Conditions for attending by audio link 36

12.12 Request to attend by audio link 36

12.13 Chairperson may terminate link 36

12.14 Giving or showing a document 36

12.15 Link failure 36

12.16 Confidentiality 37

13. Chairperson’s role in meetings 37

13.1 Council meetings 37

13.2 Committee meetings 37

13.3 Addressing the Chairperson 37

13.4 Chairperson’s rulings 37

13.5 Chairperson standing 37

13.6 Member’s right to speak 38

13.7 Chairperson may prioritise speakers 38

14. Public Speaking Time 38

14.1 Time limits 38

14.2 Restrictions 38

14.3 Questions at Public Speaking Time 39

14.4 No resolutions 39

15. Deputations 39

15.1 Time limits 39

15.2 Restrictions 39

15.3 Questions of a deputation 40

15.4 Resolutions 40

16. Petitions 40

16.1 Form of petitions 40

16.2 Petition presented by petitioner 40

16.3 Petition presented by member 40

17. Exclusion of public 41

17.1 Motions and resolutions to exclude the public 41

17.2 Specified people may remain 41

17.3 Public excluded items 41

17.4 Non-disclosure of information 41

17.5 Release of information from public excluded session 42

18. Voting 42

18.1 Decisions by majority vote 42

18.2 Open voting 42

18.3 Chairperson has a casting vote 42

18.4 Method of voting 42

18.5 Calling for a division 43

18.6 Request to have votes recorded 43

18.7 Members may abstain 43

19. Conduct 43

19.1 Calling to order 43

19.2 Disrespect 43

19.3 Retractions and apologies 43

19.4 Disorderly conduct 43

19.5 Contempt 44

19.6 Removal from meeting 44

19.7 Financial conflicts of interests 44

19.8 Non-financial conflicts of interests 44

19.9 Qualified privilege for meeting proceedings 45

19.10 Qualified privilege additional to any other provisions 45

19.11 Electronic devices at meetings 45

20. General rules of debate 45

20.1 Chairperson may exercise discretion 45

20.2 Time limits on speakers 45

20.3 Questions to staff 46

20.4 Questions of clarification 46

20.5 Members may speak only once 46

20.6 Limits on number of speakers 46

20.7 Seconder may reserve speech 46

20.8 Speaking only to relevant matters 46

20.9 Restating motions 46

20.10 Criticism of resolutions 46

20.11 Objecting to words 47

20.12 Right of reply 47

20.13 No other member may speak 47

20.14 Adjournment motions 47

20.15 Chairperson’s acceptance of closure motions 47

21. General procedures for speaking and moving motions 48

21.1 Options for speaking and moving 48

21.2 Option A 48

21.3 Option B 48

21.4 Option C 49

21.5 Procedure if no resolution reached 49

22. Motions and amendments 49

22.1 Proposing and seconding motions 49

22.2 Motions in writing 49

22.3 Motions expressed in parts 49

22.4 Substituted motion 49

22.5 Amendments to be relevant and not direct negatives 50

22.6 Foreshadowed amendments 50

22.7 Lost amendments 50

22.8 Carried amendments 50

22.9 Where a motion is lost 50

22.10 Withdrawal of motions and amendments 50

22.11 No speakers after reply or motion has been put 50

23. Revocation or alteration of resolutions 51

23.1 Member may move revocation of a decision 51

23.2 Revocation must be made by the body responsible for the decision 51

23.3 Requirement to give notice 51

23.4 Restrictions on actions under the affected resolution 51

23.5 Revocation or alteration by resolution at same meeting 52

23.6 Revocation or alteration by recommendation in report 52

24. Procedural motions 52

24.1 Procedural motions must be taken immediately 52

24.2 Procedural motions to close or adjourn a debate 52

24.3 Voting on procedural motions 53

24.4 Debate on adjourned items 53

24.5 Remaining business at adjourned meetings 53

24.6 Business referred to the council, committee or local or community board 53

24.7 Other types of procedural motions 53

25. Points of order 53

25.1 Members may raise points of order 53

25.2 Subjects for points of order 53

25.3 Contradictions 54

25.4 Point of order during division 54

25.5 Chairperson’s decision on points of order 54

26. Notices of motion 54

26.1 Notice of intended motion to be in writing 54

26.2 Refusal of notice of motion 54

26.3 Mover of notice of motion 55

26.4 Alteration of notice of motion 55

26.5 When notices of motion lapse 55

26.6 Referral of notices of motion 55

26.7 Repeat notices of motion 55

27. Minutes 56

27.1 Minutes to be evidence of proceedings 56

27.2 Matters recorded in minutes 56

27.3 No discussion on minutes 57

27.4 Minutes of last meeting before election 57

28. Minute books 57

28.1 Inspection 57

28.2 Inspection of public excluded matters 57

Referenced documents 57

Appendix 1: Grounds to exclude the public 58

Appendix 2: Sample resolution to exclude the public 60

Appendix 3: Motions and amendments (option A) 63

Appendix 4: Table of procedural motions 64

Appendix 5: Livestreaming protocols 66

Appendix 6: Powers of a Chairperson 67

Appendix 7: Mayors’ powers to appoint under s.41A 72

Appendix 8: Process for removing a Chairperson and deputy Mayor from office 73

Appendix 9: Workshops 74

Appendix 10: Sample order of business 75

Appendix 11: Process for raising matters for a decision 76

1. Introduction

These standing orders have been prepared to enable the orderly conduct of local authority meetings. They incorporate the legislative provisions relating to meetings, decision making and transparency. They also include practical guidance on how meetings should operate so that statutory provisions are complied with and the spirit of the legislation fulfilled.

To assist elected members and officials the document is structured in three parts:

· Part 1 deals with general matters

· Part 2 deals with pre-meeting procedures

· Part 3 deals with meeting procedures.

Following Part 3 the Appendices provide templates and additional guidance for implementing provisions within the standing orders. Please note; the Appendix is an attachment to the standing orders and not part of the standing orders themselves, consequently amendments to the Appendix do not require the agreement of 75% of those present). In addition the ‘Guide to Standing Orders’ provides additional advice for Chairpersons and staff on implementation of the standing orders and are not part of the standing orders.

1.1 Principles

Standing orders are part of the framework of processes and procedures designed to ensure that our system of local democracy and in particular decision-making within local government is transparent and accountable. They are designed to give effect to the principles of good governance, which include that a local authority should:

· conduct its business in an open, transparent and democratically accountable manner;

· give effect to its identified priorities and desired outcomes in an efficient and effective manner;

· make itself aware of, and have regard to, the views of all of its communities;

· take account, when making decisions, of the diversity of the community, its interests and the interests of future communities as well;

· ensure that any decisions made under these standing orders comply with the decision-making provisions of Part 6 of the LGA; and

· ensure that decision-making procedures and practices meet the standards of natural justice.

These are reinforced by the requirement that all local authorities act so that “governance structures and processes are effective, open and transparent” (s. 39 LGA 2002).

1.2 Statutory references

The Standing Orders combine statutory provisions with guidance on their application. Where a statutory provision has been augmented with advice on how it might be implemented the advice (so as not to confuse it with the statutory obligation) is placed below the relevant legislative reference. In some cases the language in the statutory provision has been modernised for ease of interpretation or amended to ensure consistency with more recently enacted statutes.

It is important to note that during a meeting any statutory references in the standing orders apply throughout the period of the meeting, regardless of whether or not parts or all of the Standing Orders have been suspended. These provisions must also be carried through into any amendment of the standing orders that might be made. Please note, where it is employed the word ‘must’, unless otherwise stated, identifies a mandatory legislative requirement.

1.3 Acronyms

LGA 2002 Local Government Act 2002

LGOIMA Local Government Official Information Act 1987

LAMIA Local Authority Members’ Interests Act 1968

1.4 Application

For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups.

2. Definitions

Adjournment means a break in the proceedings of a meeting. A meeting, or discussion on a particular business item, may be adjourned for a brief period, or to another date and time

Advisory group means a group of people convened by a local authority for the purpose of providing advice or information that is not a committee or subcommittee. These standing orders do not apply to such groups. This definition also applies to workshops, working parties, working group, panels, forums, portfolio groups, briefings and other similar bodies.

Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items in the order in which they will be considered. It is also referred to as an ‘order paper’.

Amendment means any change of proposed change to the original or substantive motion.

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

Chairperson means the person presiding at a meeting – the presiding member.

Chief executive means the chief executive of a territorial authority or regional council appointed under section 42 of the LGA 2002, and includes, for the purposes of these standing orders, any other officer authorized by the local authority.

Clear working days means the number of working days (business hours) prescribed in these standing orders for giving notice and excludes the date of the meeting and date on which the notice is served.

Committee includes, in relation to a local authority:

(a) A committee comprising all the members of that authority;

(b) A standing committee or special committee appointed by that authority;

(d) Any subcommittee of a committee described in (a), (b) and (c) of this definition.

Community board means a community board established under s.49 of the LGA 2002.

Contempt means being disobedient to, or disrespectful of, the chair of a meeting, or disrespectful to any members, officers or the public.

Council means, in the context of these standing orders, the governing body of a local authority.

Deputation means a request from any person or group to make a presentation to the local authority which is approved by the Chairperson and which may be made in English, te reo Māori or New Zealand Sign Language.

Electronic link means an audio link.

Emergency meeting has the same meaning as defined in cl. 22A of Schedule 7 of the LGA 2002.

Extraordinary meeting has the same meaning as defined in cl. 22 of Schedule 7 of the LGA 2002.

Foreshadowed motion means a motion that a member indicates their intention to move once the debate on a current motion or amendment is concluded.

Internet site means, in relation to a local authority or other person or entity, an Internet site that is maintained by, or on behalf of, the local authority, person, or entity and to which the public has free access.

Joint committee means a committee in which the members are appointed by more than one local authority in accordance with clause 30A of Schedule 7 of the LGA 2002.

Karakia timatanga means an opening prayer.

Karakia whakamutunga means a closing prayer.

Lawfully excluded means a member of a local authority who has been removed from a meeting due to behaviour that a Chairperson has ruled to be contempt.

Leave of absence means a pre-approved absence for a specified period of time consistent with the council policy should one be in place.

Local authority means in the context of these standing orders a regional council or territorial authority, as defined in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate decision-making bodies established by the local authority.

Mayor means the Mayor of a territorial authority elected under the Local Electoral Act 2001.

Meeting means any first, inaugural, ordinary, or extraordinary meeting of a local authority, subordinate decision-making bodies and any community or local board of the local authority convened under the provisions of LGOIMA.

Member means any person elected or appointed to the local authority.

Mihi whakatau means a brief welcome typically delivered by one person without any further formalities.

Minutes means the record of the proceedings of any meeting of the local authority.

Motion means a formal proposal to a meeting.

Mover means the member who initiates a motion.

Newspaper means a periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publications; and this includes every publication that at any time accompanies and is distributed along with any newspaper.

Notice of motion means a motion given in writing by a member in advance of a meeting in accordance with, and as provided for, in these standing orders.

Open voting means voting that is conducted openly and in a transparent manner and may be conducted by electronic means. The result of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded.

Order paper means the list of items for consideration at a meeting together with reports and other attachments relating to those items set out in the order in which they will be considered. An order paper is also referred to as an agenda.

Ordinary meeting means any meeting, other than the first meeting, of a local authority publicly notified in accordance with sections 46(1) and (2) of LGOIMA.

Petition means a request to a local authority which contains at least 20 signatures.

Pōwhiri means a formal welcome involving a Karanga from the Tāngata Whenua (the home people) followed by formal speech making. A Pōwhiri is generally used for formal occasions of the highest significance.

Present at the meeting to constitute quorum means the member is to be physically present in the room.

Presiding member means the person chairing a meeting.

Procedural motion means a motion that is used to control the way in which a motion or the meeting is managed as specified in standing orders 24.1 – 24.7.

Public excluded information refers to information which is currently before a public excluded session, is proposed to be considered at a public excluded session, or had previously been considered at a public excluded session and not yet been released as publicly available information. It includes:

· any minutes (or portions of minutes) of public excluded sessions which have not been subsequently released by the local authority;

· any other information which has not been released by the local authority as publicly available information.

Public excluded session, also referred to as confidential or in-committee session, refers to those meetings or parts of meetings from which the public is excluded by the local authority as provided for in LGOIMA.

Public Speaking Time refers to a period set aside usually at the start of a meeting for the purpose of public input.

Public notice in relation to a notice given by a local authority, means one that is made publicly available, until any opportunity for review or appeal in relation to the matter notified has lapsed, on the local authority’s Internet site. And in addition, is published in at last one daily newspaper circulating in the region or district of the local authority, or one or more other newspapers that have a combined circulation in that region or districrt which is at least equivalent to that of a daily newspaper circulating in that region or district.

Publicly notified means notified to members of the public by a notice contained in a newspaper circulating in the district of the local authority, or where there is no such newspaper, by notice displayed in a public place. The notice may also be replicated on a council’s website.

Qualified privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.

Quasi-judicial means a meeting involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and/or the application of legal principles.

Quorum means the minimum number of members required to be present in order to constitute a valid meeting.

Regional Council Chairperson means the member of the governing body of a regional council elected as Chairperson of that regional council under cl.25 Schedule 7 LGA 2002.

Resolution means a motion that has been adopted by the meeting.

Right of reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. (The right can also apply to an amendment.)

Seconder means the member who seconds a motion.

Sub judice means under judicial consideration and therefore prohibited from public discussion elsewhere.

Subordinate decision-making body means committees, subcommittees, and any other bodies established by a local authority that have decision-making authority, but not local or community boards or joint committees.

Substantive motion means the original motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion incorporating any amendments adopted by the meeting.

Substantive resolution means the substantive motion that has been adopted by the meeting or a restatement of a resolution that has been voted on in parts.

Subcommittee means a subordinate decision-making body established by a council, or a committee of a council, local board or community board. See definition of “Committee”.

Working day means any day of the week other than:

(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day and, if Waitangi Day or Anzac Day falls on a weekend, the following Monday.

(b) The day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

(c) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

Should a local authority wish to meet between the 25th of December and the 15th day of January in the following year any meeting must be notified as an extraordinary meeting unless there is sufficient time to notify an ordinary meeting before the commencement of the period.

Working party means a group set up by a local authority to achieve a specific objective that is not a committee or subcommittee and to which these standing orders do not apply.

Workshop, means in the context of these standing orders, a gathering of elected members for the purpose of considering matters of importance to the local authority at which no decisions are made and to which these standing orders do not apply. Workshops may include non-elected members. See definition of “advisory group”. Workshops are also described as briefings.

General matters

3. Standing orders

3.1 Obligation to adopt standing orders

A council is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Local boards and community boards must also adopt standing orders. Standing orders must not contravene any Act.

cl. 27(1) & (2), Schedule 7, LGA 2002.

3.2 Process for adoption and alteration of standing orders

The adoption of standing orders and any amendment to standing orders must be made by the Council and by a vote of not less than 75 % of the members present. Similarly, in the case of a local and community board the adoption of standing orders and any amendments also requires a vote of not less than 75% of the members of the specific board.

cl. 27(3) Schedule 7, LGA 2002.

3.3 Members must obey standing orders

All members of the local authority, including members of committees and subcommittees, must obey these standing orders. Local boards and community boards which have adopted these standing orders must also comply with them.

cl. 16(1) Schedule 7, LGA 2002.

3.4 Application of standing orders

These standing orders apply to all meetings of the local authority, its committees, subcommittees and subordinate decision-making bodies. They will also apply to any local boards and community boards unless stated otherwise. This includes meetings and parts of meetings that the public are excluded from.

3.5 Temporary suspension of standing orders

Any member of a council, committee, subcommittee and subordinate body, and local and community board, may move a motion to suspend standing orders at a meeting of which they are a member. Any such motion must also include the reason for the suspension. If seconded, the Chairperson must put the motion without debate and at least 75 per cent of the members present and voting must support the motion for it to be carried.

cl. 27(4), Schedule 7, LGA 2002.

A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.

3.6 Quasi-judicial proceedings

For quasi-judicial proceedings the local authority or a local or community board may amend meeting procedures. For example, committees hearing applications under the RMA 1991 have additional powers under the Commissions of Inquiry Act 1908.

3.7 Physical address of members

Every member of a local authority, local board and community board must give to the chief executive a physical residential or business address within the district or region of the local authority and, if desired, an electronic or other address, to which notices and material relating to meetings and local authority business may be sent or delivered. Members are to provide their address within 5 working days of the publication of the declaration of the election results.

4. Meetings

4.1 Legal requirement to hold meetings

The local authority must hold meetings for the good government of its city, district or region. The same requirement applies to local boards and community boards in respect of their communities. Meetings must be called and conducted in accordance with:

(a) Schedule 7 of the LGA 2002;

(b) Part 7 of LGOIMA; and

A meeting can be adjourned to a specified time and day if required by resolution of the meeting.

4.2 Meeting duration

A meeting cannot continue more than six hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting or transferred to an extraordinary meeting.

No meeting can sit for more than three hours continuously without a break of at least ten minutes unless the meeting resolves to extend the time before a break.

4.3 Language

A member may address a meeting in English, te reo Māori or New Zealand Sign Language. A Chairperson may require that a speech is translated and printed in English or te reo Māori.

If a member intends to address the meeting in New Zealand Sign Language, or in te reo Māori when the normal business of the meeting is conducted in English, they must give prior notice to the Chairperson not less than 2 working days before the meeting. Where the normal business of the meeting is conducted in te reo Māori then prior notice of the intention to address the meeting in English must also be given to the Chairperson not less than 2 working days before the meeting.

4.4 Livestreaming of meetings

Livestreamed meetings should be provided in accordance with the protocols contained in Appendix 5.

4.5 First meeting (inaugural)

The first meeting of a local authority following a local authority triennial general election must be called by the chief executive as soon as practicable after the results of the election are known. The chief executive must give elected members not less than 7 days’ notice of the meeting. However in the event of an emergency the chief executive may give notice of the meeting as soon as practicable.

cl. 21(1) - (4), Schedule 7, LGA 2002.

4.6 Requirements for the first meeting

The chief executive (or, in the absence of the chief executive, their nominee) must chair the first meeting until the Chairperson has made an oral declaration and attested the declaration (see cl. 21(4), Schedule 7 (LGA 2002)).

The business to be conducted at the first meeting following a general election must include the following:

(a) The making and attesting of the declarations required of the mayor (if any) and members under cl.14, Schedule7, (LGA 2002), and

(b) The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson under cl. 14 Schedule7, (LGA 2002), and

i. LGOIMA; and

ii. Other laws affecting members, including the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013;

(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 cl.17 Schedule7, (LGA 2002).

cl. 21(5), Schedule 7, LGA 2002.

It is common for councils to adopt standing orders at the first meeting; however this is not always necessary as, if not amended, standing orders will remain in force after each triennial election.

Please note that the election of a deputy mayor is not required if the Mayor has already made the appointment under s. 41A (3)(a) of the LGA 2002 prior to the meeting. Nothing limits a territorial authority from removing a deputy Mayor from office in accordance with cl.18 of Schedule 7 LGA 2002.

5. Appointments and elections

5.1 Mayoral appointment of deputy Mayor, committee chairs and members

A Mayor may appoint the deputy Mayor, the Chairperson and the members of each committee of the territorial authority. The names of any appointments made by the Mayor must be tabled at the first meeting of the council after the appointments are made. The Mayor may also appoint him or herself.

s. 41A (3) LGA 2002.

5.2 Council Discharge of a Mayoral Appointment

Nothing, however, limits or prevents a territorial authority from discharging deputy Mayor, a Chairperson or a member of a committee appointed by the Mayor. Any decision by the territorial authority to discharge a deputy Mayor shall follow the procedure in Standing Order 5.5.

If the Mayor declines to appoint a deputy Mayor or committee Chairpersons in accordance with s.41A LGA 2002, the council (or a committee, if so directed by the council) must elect those positions in accordance with standing order 5.4.

cl. 31, Schedule 7 LGA 2002

5.3 Establishment of committees by the Mayor

The Mayor may establish committees of the territorial authority. Where a Mayor exercises this right a list of the committees and their terms of reference must be tabled at the next following meeting of the Council. Should the Mayor decline to establish committees under s. 41A then any decision to establish committees must follow the processes set out in these standing orders.

Nothing, however, limits or prevents a territorial authority from discharging or reconstituting, in accordance with cl. 30 of Schedule 7, LGA 2002, a committee established by the Mayor or appointing, more committees in addition to any established by the Mayor.

s. 41A (3) and (4) LGA 2002.

5.4 Elections of regional Chairpersons, deputy Mayors and deputy Chairpersons

The council (or a committee responsible for making the appointment) must decide by resolution to use one of two voting systems (see standing order 5.5) when electing people to the following positions:

· the Chairperson and deputy Chairperson of a regional council;

· the deputy Mayor;

· the Chairperson and deputy Chairperson of a committee; and

· a representative of a local authority.

Please note, this provision does not apply in situations where a mayor has used their appointment powers under s.41A to appoint a deputy Mayor or committee chairs. See Appendix 7.

cl. 25 Schedule 7, LGA 2002.

5.5 Removal of a deputy Mayor

A deputy Mayor, whether appointed by the Mayor under standing order 5.1 or elected by the council, can only be removed in accordance with cl. 18, Schedule 7, of the LGA 2002. See Appendix 8.

cl. 18, Schedule 7, LGA 2002.

5.6 Voting system for chairs, deputy Mayors and committee chairs

When electing a regional council chair, a deputy Mayor or a committee chair the local authority must resolve to use one of the following two voting systems.

System A

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting. This system has the following characteristics:

(a) there is a first round of voting for all candidates;

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

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

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

System B

The candidate will be elected or appointed if he or she receives more votes than any other candidate. This system has the following characteristics:

(a) there is only one round of voting; and

(b) if two or more candidates tie for the most votes, the tie is resolved by lot.

cl. 25 Schedule 7, LGA 2002.

6. Delegations

6.1 Limits on delegations

Unless clearly stated in the LGA or any other Act, a council may, for the purposes of efficiency and effectiveness, delegate to a committee, subcommittee, subordinate decision-making body, community board, local board, member, or officer of the local authority, any of its responsibilities, duties, or powers except:

(a) the power to make a rate;

(b) the power to make a bylaw;

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

(e) the power to appoint a chief executive;

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

(g) Repealed;

(h) the power to adopt a remuneration and employment policy.

cl. 32 (1) Schedule 7, LGA 2002.

6.2 Committees may delegate

A committee, subcommittee, subordinate decision-making body, local board, community board, member, or officer of the local authority, may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the body that made the original delegation.

cl. (2) & (3), Schedule 7, LGA 2002.

6.3 Use of delegated powers

The 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, duties are delegated may, without confirmation by the council, 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.

cl. 32(2) & (3)(4) Schedule 7, LGA 2002.

6.4 Decisions made under delegated authority cannot be rescinded or amended

Nothing in these standing orders allows a council, committee and subcommittee to rescind or amend a lawfully made decision of a subordinate decision-making body carried out under a delegation authorising the making of that decision. The same requirement applies to a local board and community board in relation to any committees or subcommittees with delegated authority.

cl. 30 (6), Schedule 7, LGA 2002.

6.5 Committees and sub committees subject to the direction of the local authority

A committee, subcommittee 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 to them.

cl. 30 (3) & (4), Schedule 7, LGA 2002.

6.6 Duty to consider delegations to community boards

The council of 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.

cl. 32(6) Schedule 7, LGA 2002.

7. Committees

7.1 Appointment of committees and subcommittees

A council may appoint the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate. A committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the council.

cl. 30(1) & (2), Schedule 7, LGA 2002.

7.2 Discharge or reconstitution of committees and subcommittees

Unless expressly provided otherwise in legislation or regulation:

(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.

A committee, subcommittee, or other subordinate decision-making body is, unless a council resolves otherwise, discharged when members elected at a subsequent triennial general election come into office.

cl. 30 (5) & (7), Schedule 7, LGA 2002.

Please note: s.12 (2) of the Civil Defence and Emergency Management Act 2002 states that a Civil Defence and Emergency Management Group is not deemed to be discharged following a triennial election.

7.3 Appointment or discharge of committee members and subcommittee members

A council may appoint or discharge any member of a committee and, if established by the council, a subcommittee. A committee may appoint or discharge any member of a subcommittee appointed by the committee unless directed otherwise by the council.

cl. 31 (1) & (2), Schedule 7, LGA 2002

7.4 Elected members on committees and subcommittees

The members of a committee or subcommittee may be, but are not required to be, elected members of a local authority. A council or committee may appoint a person who is not a member of the local authority to a committee or subcommittee if, in the opinion of the council or committee, the person has the skills, attributes or knowledge to assist the committee or subcommittee.

At least one member of a committee must be an elected member of the council. In the case of a committee established by a local board or community board at least one member must be a member of that board. A staff member of the local authority, in the course of their employment, can be a member of a subcommittee but not a committee.

cl. 31(4) Schedule 7, LGA 2002.

7.5 Local authority may replace members if committee not discharged

If a local authority resolves that a committee, subcommittee or other subordinate decision-making body is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, the local authority may replace the members of that committee, subcommittee or subordinate decision-making body after the next triennial general election of members.

cl. 31(5) Schedule 7, LGA 2002.

7.6 Membership of Mayor

The Mayor is a member of every committee of the local authority.

s. 41A (5), LGA 2002.

7.7 Decision not invalid despite irregularity in membership

For the purpose of these standing orders a decision of a local authority, committee, local board and community board is not invalidated if:

1. there is a vacancy in the membership of the local authority, committee, local or community board at the time of the decision; or

2. following the decision some defect in the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible.

cl. 29, Schedule 7, LGA 2002.

7.8 Appointment of joint committees

A local authority may appoint a joint committee with another local authority or other public body if it has reached agreement with each local authority or public body. The agreement must specify:

(a) the number of members each party may appoint; and

(b) how the Chairperson and deputy Chairperson are to be appointed; and

(d) what responsibilities, if any, are to be delegated to the committee by each party; and

(e) how the agreement may be varied.

The agreement may also specify any other matter relating to the appointment, operation, or responsibilities of the committee agreed by the parties.

cl. 30A (1) & (2), Schedule 7, LGA 2002.

7.9 Status of joint committees

A joint committee is deemed to be both a committee of a council and a committee of each other participating local authority or public body.

cl. 30A (5), Schedule 7, LGA 2002.

7.10 Power to appoint or discharge individual members of a joint committee

The power to discharge any individual member of a joint committee and appoint another member in their stead must be exercised by the council or public body that made the appointment.

cl. 30A (6)(a), Schedule 7, LGA 2002.

Pre-meeting

8. Giving notice

Please note; the processes described in this section (standing orders 8.1 – 8.13) apply as appropriate to local boards and community boards.

8.1 Public notice – ordinary meetings

All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of every month, together with the dates on which and the times and places at which those meetings are to be held. In the case of meetings held on or after the 21st day of the month public notification must be given not more than 10 nor less than 5 working days before the day on which the meeting is to be held.

s. 46, LGOIMA.

8.2 Notice to members - ordinary meetings

The chief executive must give notice in writing to each member of the local authority of the time and place of any meeting. Notice must be given at least 14 days before the meeting unless the council has adopted a schedule of meetings, in which case notice must be given at least 14 days before the first meeting on the schedule.

cl. 19 (5), Schedule7, LGA 2002.

8.3 Extraordinary meeting may be called

An extraordinary council meeting may be called by:

(a) resolution of the council, or

(b) a requisition in writing delivered to the chief executive which is signed by:

i. the Mayor or Chairperson, or

ii. no less than one third of the total membership of the council (including vacancies).

cl. 22 (1) Schedule 7, LGA 2002.

8.4 Notice to members - extraordinary meetings

Notice in writing of the time and place of an extraordinary meeting called under standing order 8.3 and of the general nature of business to be considered must be given by the chief executive to each member of the council at least 3 working days before the day appointed for the meeting. If the meeting is called by a resolution then notice must be provided within such lesser period as is specified in the resolution, as long as it is not less than 24 hours.

cl. 22 (3), Schedule7, LGA 2002.

8.5 Emergency meetings may be called

If the business a council needs to deal with requires a meeting to be held at a time earlier than is allowed by the notice requirements for holding an extraordinary meeting and it is not practicale to call the meeting by resolution, an emergency meeting may be called by:

The Mayor; or

If the Mayor is unavailable, the chief executive.

cl. 22A(1), Schedule 7 LGA 2002.

8.6 Process for calling an emergency meeting

The 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.

The notice must be given, 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.

Cl 22A (2), Schedule 7, LGA 2002

8.7 Public notice -– emergency and extraordinary meetings

Where an emergency or extraordinary meeting of a local authority was called and notice of that meeting was inconsistent with these standing orders due to the manner in which it was called, the local authority must~~, as soon as practicable following the meeting, give public notice stating that:~~ cause that meeting and the general nature of business to be transacted at that meeting:

(a) To be publicly notified as soon as practicable before the meeting is to be held; or

(b) If it is not practicable to publish a notice in newspapers before the meeting, to be notified as soon as practicable on the local authority’s Internet site and in any other manner that is reasonable in the circumstances.

~~the meeting has occurred;~~

~~the general nature of business transacted; and~~

~~the reasons why it was not correctly notified.~~

s. 46 (3) ~~& (4~~), LGOIMA.

8.8 Process for calling an extraordinary meeting at an earlier time

If the nature of business requires a meeting to be held at an earlier time than is allowed by the notice requirements specified in standing order 8.4, a meeting may be called by the Mayor or Chairperson, or if the Mayor and Chairperson are not available, the chief executive.

cl. 22 (2) Schedule 7, LGA 2002.

8.9 Notification of extraordinary meetings held at an earlier time

Notice of the time, place and matters to be considered of a meeting called under Standing Order 8.68, must be given by the person calling the meeting or by another person on that person’s behalf. Notice must be given to each member of the council and the chief executive by whatever means is reasonable in the circumstances and at least 24 hours before the time appointed for the meeting.

cl. 22 (4), Schedule7 LGA 2002.

8.10 Chief executive may make other arrangements

The chief executive is to make any other arrangement for the notification of meetings, including extraordinary meetings, as the local authority may, from time to time, determine.

s. 46(5) LGOIMA.

8.11 Meetings not invalid

The failure to notify a public meeting under these standing orders does not of itself make that meeting invalid. However, where a local authority becomes aware that a meeting has been incorrectly notified it must, as soon as practicable, give public notice stating:

· that the meeting occurred without proper notification;

· the general nature of the business transacted; and

· the reasons why the meeting was not properly notified.

s. 46 (6), LGOIMA.

8.12 Resolutions passed at an extraordinary meeting

A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unless -

(a) the resolution was passed at a meeting or part of a meeting from which the public was excluded; or

(b) the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.

s. 51A, LGOIMA.

8.13 Meeting schedules

Where the local authority adopts a meeting schedule it may cover any period that the council considers appropriate and may be amended. Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting.

cl. 19 (6) Schedule 7, LGA 2002.

8.14 Non-receipt of notice to members

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 or board 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.

A member of a local authority may waive the need to be given notice of a meeting.

cl. 20 (1) & (2) Schedule 7, LGA 2002.

8.15 Meeting cancellations

The Chairperson of a scheduled meeting may cancel the meeting if, in consultation with the chief executive, they consider this is necessary for reasons that include lack of business, lack of quorum or clash with another event.

The chief executive must make a reasonable effort to notify members and the public as soon as practicable of the cancellation and the reasons behind it.

9. Meeting agenda

9.1 Preparation of the agenda

It is the chief executive’s responsibility to prepare an agenda for each meeting listing and attaching information on the items of business to be brought before the meeting so far as is known, including the names of the relevant members.

When preparing business items for an agenda the chief executive should consult the Chairperson.

9.2 Process for raising matters for a decision

Requests for reports may be made by a resolution of the council, committee, subcommittee, subordinate decision-making body, local boards or community board and, in the case of all decision-making bodies other than the council, must also fall within the scope of their specific delegations. A process for requesting reports is described in Appendix 11.

9.3 Chief executive may delay or refuse request

The chief executive may delay commissioning any reports that involve significant cost or are beyond the scope of the committee that made the request. In such cases the chief executive will discuss options for meeting the request with the respective Chairperson and report back to a subsequent meeting with an estimate of the cost involved and seek direction on whether the report should still be prepared.

If a member makes a direct request to a chief executive asking that a report is prepared the chief executive may refuse. In such cases an explanation should be provided to the member.

9.4 Order of business

At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the Chairperson, or the meeting, decides otherwise. An example of a default order of business is set out in Appendix 10.

The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called.

9.5 Chairperson’s recommendation

A Chairperson, either prior to the start of the meeting and/or at the meeting itself, may include a recommendation regarding any item on the agenda brought before the meeting. Where a Chairperson’s recommendation varies significantly from an officer’s recommendation the reason for the variation must be explained.

9.6 Chairperson’s report

The Chairperson of a meeting has the right, through a report, to direct the attention of a meeting to any matter which is on the agenda or which falls within the responsibilities of that meeting.

9.7 Public availability of the agenda

All information provided to members at a local authority, or local or community board, meeting must be publicly available except where an item included in the agenda refers to a matter reasonably expected to be discussed with the public excluded.

s. 5 & 46A, LGOIMA.

9.8 Public inspection of agenda

Any member of the public may, without payment of a fee, inspect, during normal office hours and within a period of at least 2 working days before a meeting, all agendas and associated reports circulated to members of the local authority and local and community boards relating to that meeting. The agenda:

(a) must be available for inspection at the public offices of the local authority (including service centres), at public libraries under the authority’s control and on the council’s website, and:

(b) must be accompanied by either:

i. the associated reports; or

ii. a notice specifying the places at which the associated reports may be inspected.

s. 46A (1), LGOIMA.

9.9 Withdrawal of agenda items

If justified by circumstances an agenda item may be withdrawn by the chief executive. In the event of an item being withdrawn the chief executive should inform the Chairperson.

9.10 Distribution of the agenda

The chief executive must send the agenda to every member of a meeting at least two clear working days before the day of the meeting, except in the case of an extraordinary meeting (see Standing Order 8.4).

The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.

9.11 Status of agenda

No matter on a meeting agenda, including recommendations, may be considered final until determined by formal resolution of that meeting.

9.12 Items of business not on the agenda which cannot be delayed

A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting:

(a) the reason the item is not on the agenda; and

(b) the reason why the discussion of the item cannot be delayed until a subsequent meeting.

s. 46A (7), LGOIMA

Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson.

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision-making.

9.13 Discussion of minor matters not on the agenda

(a) the reason the item is not on the agenda; and

(b) the reason why the discussion of the item cannot be delayed until a subsequent meeting.

s. 46A (7), LGOIMA

Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson.

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision-making.

s. 46A (7A), LGOIMA.

9.14 Public excluded business on the agenda

Items that are likely to be discussed under public excluded must be indicated on each agenda and state the general subject of the item. The chief executive, however, may exclude public access to any reports, or parts of reports, which are reasonably expected to be discussed with the public excluded.

s. 46A (9), LGOIMA.

9.15 Qualified privilege relating to agenda and minutes

Where any meeting is open to the public and a member of the public is supplied with a copy of the agenda, or the minutes of that meeting, the publication of any defamatory matter included in the agenda or in the minutes is privileged. This does not apply if the publication is proved to have been made with ill will or improper advantage has been taken of the publication.

s. 52, LGOIMA.

9.16 Decisions on water assets and services^{^[2]}

Any decision relating to:

(a) the divestment of ownership of water assets under Section 130, 131 and 137 of the Local Government Act 2002 or in any other situation;

(b) transfer of water assets and services to a local government organisation under s130 of the Local Government Act 2002 or in any other situation;

(c) contracting out for the management or operation of the water supply system as a whole, either to a private interest or a local government organisation under s136 of the Local Government Act 2002 or in any other situation. (Note: this provision does not apply to contracts for maintenance, renewal and upgrade works, or for professional services, design and contract management);

(d) establishment of a joint arrangement or a joint local government arrangement under Section 137 of the Local Government Act 2002 or in any other situation;

(e) transfer of control of funding policy, pricing and charging responsibilities in relation to water to any other local government organisation or private interest;

(f) any departure from a not-for-profit charging regime for Council’s water supply system;

will require a 75% majority of members present and voting. All decisions under (a) – (f) will require a referendum to have taken place to provide input into a decision before that decision is made.

Meeting Procedures

Opening and closing

Local authorities, local boards and community boards may, at the start of a meeting, choose to recognise the civic importance of the occasion through some form of reflection. This could be an expression of community values (such as the Council blessing), a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau. Options for opening a meeting could include a karakia timitanga, mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting where appropriate.

10. Quorum

10.1 Councils

The quorum for a meeting of the council is:

(a) half of the members physically present, where the number of members (including vacancies) is even; and

(b) a majority of the members physically present, where the number of members (including vacancies) is odd.

cl. 23 (3)(a) Schedule 7, LGA 2002.

10.2 Committees and subcommittees

A council sets the quorum for its committees and subcommittees, either by resolution or by stating the quorum in the terms of reference. Committees may set the quorums for their subcommittees by resolution provided that it is not less than two members.

In the case of subcommittees the quorum will be two members unless otherwise stated. In the case of committees at least one member of the quorum must be a member of the council, or if established by a local board or community board, the relevant board.

cl. 23 (3)(b) Schedule 7, LGA 2002.

10.3 Joint Committees

The quorum at a meeting of a joint committee must be consistent with Standing Order 10.1. Local authorities participating in the joint committee may decide, by agreement, whether or not the quorum includes one or more members appointed by each local authority or any party.

cl. 30A (6)(c) Schedule 7, LGA 2002.

10.4 Requirement for a quorum

A meeting is constituted where a quorum of members is present, whether or not they are all voting or entitled to vote. In order to conduct any business at a meeting, a quorum of members must be present for the whole time that the business is being considered.

cl. 23(1) & (2) Schedule 7, LGA 2002.

10.5 Meeting lapses where no quorum

A meeting must lapse, and the Chairperson vacate the chair, if a quorum is not present within 30 minutes of the advertised start of the meeting. Where members are known to be travelling to the meeting, but are delayed due to extraordinary circumstance, the Chairperson has discretion to wait for a longer period.

No business may be conducted while waiting for the quorum to be reached. Minutes will record when a meeting lapses due to a lack of a quorum, along with the names of the members who attended.

10.6 Business from lapsed meetings

Where meetings lapse the remaining business will be adjourned and be placed at the beginning of the agenda of the next ordinary meeting, unless the Chairperson sets an earlier meeting and this is notified by the chief executive.

11. Public access and recording

11.1 Meetings open to the public

Except as otherwise provided by Part 7 of LGOIMA, every meeting of the local authority, its committees, subcommittees, local boards and community boards, must be open to the public.

s.47 & 49(a), LGOIMA.

11.2 Grounds for removing the public

The Chairperson may require any member of the public whose conduct is disorderly, or who is creating a disturbance, to be removed from the meeting.

11.3 Local authority may record meetings

Meeting venues should contain clear signage indicating and informing members, officers and the public that proceedings may be recorded by the local authority and may be subject to direction by the Chairperson.

11.4 Public may record meetings

Members of the public may make electronic or digital recordings of meetings which are open to the public. Any recording of meetings must be notified to the Chairperson at the commencement of the meeting to ensure that the recording does not distract the meeting from fulfilling its business.

Where circumstances require the Chairperson may stop the recording for a period of time.

12. Attendance

12.1 Members right to attend meetings

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.

cl. 19(2), Schedule 7, LGA 2002.

If the member of the local authority is not an appointed member of the meeting at which they are in attendance they may not vote on any matter at that meeting. However, they may, with the leave of the chair, take part in the meeting’s discussions.

A member attending a meeting of which they are not an appointed member is not a member of the public for the purpose of s.48 LGOIMA. Consequently, if the meeting resolves to exclude the public any members of the local authority who are present may remain unless they are lawfully excluded.

Please note: this section does not confer any rights to non-elected members appointed to committees of a local authority.

12.2 Attendance when a committee is performing judicial or quasi-judicial functions

When a committee is performing judicial or quasi-judicial functions members of the local authority who are not members of that committee are not entitled to take part in the proceedings.

12.3 Leave of absence

A council, local board or community board may grant a member leave of absence following an application from that member.

In addition a council, local board or community board may delegate the power to grant a leave of absence to the Chairperson in order to protect a member’s privacy. The Chairperson will advise all members of the council, local board or community board whenever a member has been granted leave of absence under delegated authority. Meeting minutes will record that a member has leave of absence as an apology for that meeting.

12.4 Apologies

A member who does not have leave of absence may tender an apology should they be absent from all or part of a meeting. The Chairperson must invite apologies at the beginning of each meeting, including apologies for lateness and early departure. The meeting may accept or decline any apologies.

For clarification, the acceptance of a member’s apology constitutes a grant of ‘leave of absence’ for that meeting.

12.5 Recording apologies

The minutes will record any apologies tendered before or during the meeting, including whether they were accepted or declined and the time of arrival and departure of all members.

12.6 Absent without leave

Where a member is absent from the council, local board or community board for four consecutive meetings without leave of absence (not including extraordinary meetings) then the office held by the member will become vacant. A vacancy created in this way is treated as an extraordinary vacancy.

cl. 5 (d) Schedule 7, LGA 2002.

12.7 Right to attend by audio link

Provided the conditions in these standing orders are met members of the local authority or its committees have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded.

12.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.

12.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

12.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio link, the Chairperson must ensure that:

(a) the technology for the link is available and of suitable quality;

(b) procedures for using the technology in the meeting will ensure that:

i. everyone participating in the meeting can hear each other;

ii. the member’s attendance by audio link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii. the requirements of Part 7 of LGOIMA are met; and

iv. the requirements in these standing orders are met.

If the Chairperson is attending by audio link then chairing duties will be undertaken by the deputy chair or a member who is physically present.

cl. 25A (3) schedule 7, LGA 2002.

12.11 Conditions for attending by audio link

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:

(a) where the member is at a place that makes their physical presence at the meeting impracticable or impossible;

(b) where a member is unwell; and

12.12 Request to attend by audio link

Where possible, a member will give the Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio link. Should, due to illness or emergency, this is not possible the member may give less notice.

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio link. However, the council has no obligation to make the technology for an audio link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the local authority or its committees.

12.13 Chairperson may terminate link

The Chairperson may direct that an electronic link should be terminated where:

(a) use of the link is increasing, or may unreasonably increase, the length of the meeting;

(b) the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

(d) the quality of the link is no longer suitable.

12.14 Giving or showing a document

A person attending a meeting by audio link may give or show a document by:

(a) transmitting it electronically;

(b) any other manner that the Chairperson thinks fit.

cl. 25(A) (6) schedule 7, LGA 2002.

12.15 Link failure

Where an audio link fails, or there are other technological issues that prevent a member who is attending by link from participating in a meeting, that member must be deemed to be no longer attending the meeting.

12.16 Confidentiality

A member who is attending a meeting by audio link must ensure that the meeting’s proceedings remain confidential during any times that the public are excluded. At such times, the Chairperson may require the member to confirm that no unauthorised people are able to hear the proceedings.

13. Chairperson’s role in meetings

13.1 Council meetings

The Mayor ~~or Chairperson~~must preside at meetings of the council unless they vacate the chair for a part or all of a meeting. If the Mayor is absent from a meeting or vacates the chair, the deputy Mayor must act as chairperson. If the deputy Mayor is also absent the local authority members who are present must elect a member to be the Chairperson at that meeting. or local or community board must preside at meetings of the council or board unless they vacate the chair for a part or all of a meeting. If the Chairperson is absent from a meeting or vacates the chair, the deputy Mayor/chair must act as Chairperson. If the deputy Mayor/chair is also absent the local authority members who are present must elect a member to be Chairperson at that meeting. This person may exercise the meeting responsibilities, duties and powers of the Mayor~~/Chairperson~~ for that meeting. ~~This provision also applies to committees and subcommittees.~~

cl. 26(1), (5) & (6) Schedule 7, LGA 2002.

13.2 ~~Committee~~ Other meetings

In the case of committees, subcommittees and subordinate decision-making bodies, the appointed Chairperson must preside at each meeting ~~The appointed Chairperson of a committee must preside at all committee meetings~~, unless they vacate the chair for all ~~particular meeti~~ng or part of a meeting. If the Chairperson is absent from a meeting or vacates the chair, the deputy Chairperson (if any) will act as Chairperson. If the deputy Chairperson is also absent, or has not been appointed, the committee members who are present must elect a member to act as Chairperson. This person ~~at that meeting who~~ may exercise the meeting responsibilities, duties and powers of the Chairperson.

~~This standing order also applies to subcommittees and subordinate decision-making bodies.~~

cl. 26(2), (5) & (6), schedule 7 LGA 2002.

13.3 Addressing the Chairperson

Members will address the Chairperson in a manner that the Chairperson has determined.

13.4 Chairperson’s rulings

The Chairperson will decide all procedural questions where insufficient provision is made by these standing orders and with regard to all points of order. Any refusal to obey a Chairperson’s ruling or direction constitutes contempt.

13.5 Chairperson standing

Whenever the Chairperson stands during a debate members are required to sit down and be silent so that they can hear the Chairperson without interruption.

13.6 Member’s right to speak

Members are entitled to speak in accordance with these standing orders. Members should address the Chairperson when speaking. They may not leave their place while speaking, unless they have the leave of the Chairperson.

13.7 Chairperson may prioritise speakers

When two or more members want to speak the Chairperson will name the member who may speak first. Other members who wish to speak have precedence where they intend to:

(a) raise a point of order, including a request to obtain a time extension for the previous speaker; and/or

(b) move a motion to terminate or adjourn the debate; and/or

(d) request the chair to permit the member a special request.

14. Public Speaking Time

Public speaking time is a defined period of time, usually at the start of a meeting, which, at the discretion of a meeting, is put aside for the purpose of public input. It is designed to enable members of the public to bring matters to the attention of the local authority.

Any issue, idea or matter raised in a public speaking time must generally relate to items on the agenda of the meeting, although other matters may be raised at the Chair’s discretion. In the case of a committee, subcommittee, local or community board, any issue, idea or matter raised in public speaking time must fall within the terms of reference of that body.

14.1 Time limits

A period will be available for public speaking time at each scheduled local authority meeting, except those held in public excluded session. Members of the public who book ahead for public speaking time will be given precedence over those who do not book. Speakers can speak for up to 3 minutes, and may be granted a longer time at the Chairperson’s discretion. No more than two speakers can speak on behalf of an organisation during public speaking time. Where the number of speakers presenting in public speaking time exceeds 6 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

The Chair will take into account at their discretion any cultural considerations brought to their attention by members of the public wishing to speak.

14.2 Restrictions

The Chairperson has the discretion to decline to hear a speaker or to terminate a presentation at any time where:

· a speaker is repeating views presented by an earlier speaker at the same public speaking session;

· the speaker is criticising elected members and/or staff;

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.

14.3 Questions at Public Speaking Time

At the conclusion of the presentation, with the permission of the Chairperson, elected members may ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by a speaker.

14.4 No resolutions

Following public speaking time no debate or decisions will be made at the meeting on issues raised during the forum unless related to items already on the agenda.

15. Deputations

The purpose of a deputation is to enable a person, group or organisation to make a presentation to a meeting on a matter or matters covered by that meeting’s terms of reference. Deputations are approved by the Chairperson or an official with delegated authority.

15.1 Time limits

Speakers can speak for up to 5 minutes. No more than two speakers can speak on behalf of an organisation’s deputation.

15.2 Restrictions

The Chairperson has the discretion to decline to hear or terminate a deputation at any time where:

· a speaker is repeating views presented by an earlier speaker at the meeting;

· the speaker is criticising elected members and/or staff;

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.

15.3 Questions of a deputation

At the conclusion of the deputation members may, with the permission of the Chairperson, ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by the deputation.

15.4 Resolutions

Any debate on a matter raised in a deputation must occur at the time at which the matter is scheduled to be discussed on the meeting agenda, and once a motion has been moved and seconded.

16. Petitions

16.1 Form of petitions

Petitions may be presented to the local authority or any of its committees, local boards or community boards, as long as the subject matter falls within the terms of reference of the intended meeting. Petitions must contain at least 20 signatures and consist of fewer than 150 words (not including signatories). They must be received by the chief executive at least 5 working days before the date of the meeting at which they will be presented.

Petitions must not be disrespectful, use offensive language or include malicious statements (see standing order 19.9 on qualified privilege). They may be written in English or te reo Māori. Petitioners planning to make a petition in te reo Māori or sign language should advise the ~~relevant Chairperson at least two working days before the meeting to enable the petition be translated and reprinted, if necessary~~chie executive in time to allow translation services to be arranged.

16.2 Petition presented by petitioner

A petitioner who presents a petition to the local authority or any of its committees and subcommittees, local boards or community boards, may speak for 5 minutes (excluding questions) about the petition, unless the meeting resolves otherwise. The Chairperson must terminate the presentation of the petition if he or she believes the petitioner is being disrespectful, offensive or making malicious statements.

Where a petition is presented as part of a deputation or public speaking time the speaking time limits relating to deputations or public speaking time shall apply. The petition must be received by the chief executive at least 5 working days before the date of the meeting concerned.

16.3 Petition presented by member

Members may present petitions on behalf of petitioners. In doing so, members must confine themselves to presenting:

(a) the petition;

(b) the petitioners’ statement; and

17. Exclusion of public

17.1 Motions and resolutions to exclude the public

Members of a meeting may resolve to exclude the public from a meeting. The grounds for exclusion are those specified in section 48 of LGOIMA (see Appendix 1).

Every motion to exclude the public must be put while the meeting is open to the public, and copies of the motion must be available to any member of the public who is present. If the motion is passed the resolution to exclude the public must be in the form set out in schedule 2A of LGOIMA (see Appendix 2). The resolution must state:

(a) the general subject of each matter to be excluded;

(b) the reason for passing the resolution in relation to that matter; and

The resolution will form part of the meeting’s minutes.

s. 48 LGOIMA.

17.2 Specified people may remain

Where a meeting resolves to exclude the public, the resolution may provide for specified persons to remain if, in the opinion of the meeting, they will assist the meeting to achieve its purpose. Any such resolution must state, in relation to the matter to be discussed, how the knowledge held by the specified people is relevant and be of assistance.

No such resolution is needed for people who are entitled to be at the meeting, such as relevant staff and officials contracted to the council for advice on the matter under consideration.

s.48 (6) LGOIMA.

17.3 Public excluded items

The chief executive must place in the public-excluded section of the agenda any items that he or she reasonably expects the meeting to consider with the public excluded. The public excluded section of the agenda must indicate the subject matter of the item and the reason the public are excluded.

s.46A (8) LGOIMA.

17.4 Non-disclosure of information

No member or officer may disclose to any person, other than another member, officer or person authorised by the chief executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded.

This restriction does not apply where a meeting has resolved to make the information publicly available or where the chief executive has advised, in writing, that one or both of the following apply:

(a) there are no grounds under LGOIMA for withholding the information;

(b) the information is no longer confidential.

17.5 Release of information from public excluded session

A local authority may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition the chief executive may release information which has been considered at a meeting from which the public has been excluded where it is determined the grounds to withhold the information no longer exist. The chief executive will inform the subsequent meeting of the nature of the information released.

18. Voting

18.1 Decisions by majority vote

Unless otherwise provided for in the LGA 2002, other legislation or standing orders, the acts of and questions before a local authority (or local and community boards) must be decided at a meeting through a vote exercised by the majority of the members of that meeting voting.

cl. 24 (1), Schedule 7, LGA 2002.

18.2 Open voting

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

cl. 24 (3) Schedule 7, LGA 2002.

18.3 Chairperson has a casting vote

The Mayor, Chairperson or any other person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, has a casting vote.

cl. 24 (2) Schedule 7, LGA 2002.

18.4 Method of voting

The method of voting must be as follows:

(a) the Chairperson in putting the motion must call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the Chairperson, must be conclusive unless such announcement is questioned immediately by any member, in which event the Chairperson will call a division;

(b) the Chairperson or any member may call for a division instead of or after voting on the voices and/or taking a show of hands; and

(c) where a suitable electronic voting system is available that system may be used instead of a show of hands, vote by voices or division, and the result displayed notified to the Chairperson who must declare the result.

18.5 Calling for a division

When a division is called, the chief executive must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result. The result of the division must be entered into the minutes and include members’ names and the way in which they voted.

The Chairperson may call a second division where there is confusion or error in the original division.

18.6 Request to have votes recorded

If requested by a member immediately after a vote the minutes must record the member’s vote or abstention.

18.7 Members may abstain

Any member may abstain from voting.

19. Conduct

19.1 Calling to order

When the Chairperson calls members to order, they must be seated and stop speaking. If the members fail to do so, the Chairperson may direct that they should leave the meeting immediately for a specified time.

19.2 ~~Disrespect~~Behaviour consistent with Code of Conduct

No member, at any meeting, may act inconsistently with their Code of Conduct or speak or act in a manner which is disrespectful of other members, staff or the public.

19.3 Retractions and apologies

In the event of a member or speaker who has been disrespectful of another member the Chairperson may call upon that member or speaker to withdraw the offending comments, and may require them to apologise. If the member refuses to do so the Chairperson may direct that they should leave the meeting immediately for a specified time.

19.4 Disorderly conduct

Where the conduct of a member is disorderly or is creating a disturbance the Chairperson may require that member to leave the meeting immediately for a specified time.

If the disorder continues the Chairperson may adjourn the meeting for a specified time. At the end of this time the meeting must resume and decide, without debate, whether the meeting should proceed or be adjourned.

The Chairperson may also adjourn the meeting if other people cause disorder or in the event of an emergency.

19.5 Contempt

Where a member is subject to repeated cautions by the Chairperson for disorderly conduct the meeting may, should it so decide, resolve that the member is in contempt. Any such resolution must be recorded in the meeting’s minutes.

19.6 Removal from meeting

A member of the police or authorised security personnel may, at the Chairperson’s request, remove or exclude a member from a meeting.

This standing order will apply where the Chairperson has ruled that the member should leave the meeting and the member has refused or failed to do so; or has left the meeting and attempted to re-enter it without the Chairperson’s permission.

19.7 Financial conflicts of interests

Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.

No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.

Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.

Neither the Chairperson nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.

s. 6 & 7 LAMIA.

19.8 Non-financial conflicts of interests

Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a local authority (or local or community board) could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.

The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.

Neither the Chairperson nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed.

19.9 Qualified privilege for meeting proceedings

Any oral statement made at any meeting of the local authority in accordance with the rules adopted by the local authority for guiding its proceedings is privileged, unless the statement is proved to have been made with ill will or took improper advantage of the occasion of publication.

s. 53, LGOIMA.

19.10 Qualified privilege additional to any other provisions

The privilege referred to above is in addition to any other privilege, whether absolute or qualified, that applies as a result of any other enactment or rule of law applying to any meeting of the local authority.

s. 53, LGOIMA.

19.11 Electronic devices at meetings

Electronic devices and phones should primarily be used to advance the business of a meeting.

A Chairperson may require that an electronic device is switched off if its use is distracting a meeting from achieving its business.

20. General rules of debate

20.1 Chairperson may exercise discretion

The application of any procedural matters in this section of the standing orders, such as the number of times a member may speak, is subject to the discretion of the Chairperson.

20.2 Time limits on speakers

The following time limits apply to members speaking at meetings:

(a) movers of motions when speaking to the motion – not more than 10 minutes;

(b) movers of motions when exercising their right of reply – not more than 5 minutes;

Time limits can be extended if a motion to that effect is moved, seconded and supported by a majority of members present.

20.3 Questions to staff

During a debate members can ask staff questions about the matters being discussed. Questions must be asked through the Chairperson and how the question should be dealt with is at the Chairperson’s discretion.

20.4 Questions of clarification

At any point of a debate a member may ask the Chairperson for clarification about the nature and content of the motion which is the subject of the debate and the particular stage the debate has reached.

20.5 Members may speak only once

A member may not speak more than once to a motion at a meeting of the council, except with permission of the Chairperson. Members can speak more than once to a motion at a committee or subcommittee meeting with the Chairperson’s permission.~~a local authority or any local or community board except with permission of the Chairperson~~.

20.6 Limits on number of speakers

If three speakers have spoken consecutively in support of, or in opposition to, a motion, the Chairperson may call for a speaker to the contrary. If there is no speaker to the contrary, the Chairperson must put the motion after the mover’s right of reply.

Members speaking must, if requested by the Chairperson, announce whether they are speaking in support of or opposition to a motion.

20.7 Seconder may reserve speech

A member may second a motion or amendment without speaking to it, reserving the right to speak later in the debate.

20.8 Speaking only to relevant matters

Members may speak to any matter before the meeting; a motion or amendment which they propose; and to raise a point of order arising out of debate, but not otherwise. Members must confine their remarks strictly to the motion or amendment they are speaking to.

The Chairperson’s rulings on any matters arising under this standing order are final and not open to challenge.

20.9 Restating motions

At any time during a debate a member may ask, for their information, that the Chairperson restate a motion and any amendments; but not in a manner that interrupts a speaker.

20.10 Criticism of resolutions

A member speaking in a debate may not unduly criticise the validity of any resolution except by a notice of motion to amend or revoke the resolution.

20.11 Objecting to words

When a member objects to any words used by another member in a speech and wants the minutes to record their objection, they must object at the time when the words are used and before any other member has spoken. The Chairperson must order the minutes to record the objection.

20.12 Right of reply

The mover of an original motion has a right of reply. A mover of an amendment to the original motion does not. In their reply, the mover must confine themselves to answering previous speakers and not introduce any new matters.

A mover’s right of reply can only be used once. It can be exercised either at the end of the debate on the original, substantive or substituted motion or at the end of the debate on a proposed amendment.

However, the original mover may reserve their right of reply and speak once to the principal motion and once to each amendment without losing that right of reply. If a closure motion is carried the mover of the motion has the right of reply before the motion or amendment is put to the vote.

20.13 No other member may speak

In exercising a right of reply, no other member may speak:

(a) after the mover has started their reply;

(b) after the mover has indicated that they want to forego this right;

(c) where the mover has spoken to an amendment to the original motion and the Chairperson has indicated that he or she intends to put the motion.

20.14 Adjournment motions

The carrying of any motion to adjourn a meeting must supersede other business still remaining to be disposed of. Any such business must be considered at the next meeting. Business referred to, or referred back to, a specified committee or local or community board, is to be considered at the next ordinary meeting of that committee or board, unless otherwise specified.

20.15 Chairperson’s acceptance of closure motions

The Chairperson may only accept a closure motion where there have been at least two speakers for and two speakers against the motion that is proposed to be closed, or the Chairperson considers it reasonable to do so.

However, the Chairperson must put a closure motion if there are no further speakers in the debate. When the meeting is debating an amendment, the closure motion relates to the amendment. If a closure motion is carried, the mover of the motion under debate has the right of reply after which the Chairperson puts the motion or amendment to the vote.

21. General procedures for speaking and moving motions

21.1 Options for speaking and moving

This subsection provides three options for speaking and moving motions and amendments at a meeting of a local authority, its committees and subcommittees, and any local or community boards.

Option B applies unless, on the recommendation of the Chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option A or Option C for the meeting generally, or for any specified items on the agenda.

21.2 Option A

· The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).

· Only members who have not spoken to the original or substituted motion may move or second an amendment to it.

· The mover or seconder of an amendment whether it is carried or lost cannot move or second a subsequent amendment.

· Members can speak to any amendment and, provided they have not spoken to the motion or moved or seconded an amendment, they can move or second further amendments.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

21.3 Option B

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment that is carried can move or second a subsequent amendment. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.

· Members can speak to any amendment.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

21.4 Option C

· The mover and seconder of a motion can move or second an amendment

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment whether it is carried or lost can move or second further amendments.

· Members can speak to any amendment.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

21.5 Procedure if no resolution reached

If no resolution is reached the Chairperson may accept a new motion to progress the matter under discussion.

22. Motions and amendments

22.1 Proposing and seconding motions

All motions and amendments moved during a debate must be seconded (including notices of motion). The Chairperson may then state the motion and propose it for discussion.

Amendments and motions that are not seconded are not in order and are not entered in the minutes.

22.2 Motions in writing

The Chairperson may require movers of motions and amendments to provide them in writing, signed by the mover.

22.3 Motions expressed in parts

The Chairperson, or any member, can require a motion that has been expressed in parts to be decided part by part.

22.4 Substituted motion

Where a motion is subject to an amendment the meeting may substitute the motion with the amendment, provided the mover and seconder of the original motion agree to its withdrawal. All members may speak to the substituted motion.

22.5 Amendments to be relevant and not direct negatives

Every proposed amendment must be relevant to the motion under discussion. Proposed amendments cannot be similar to an amendment that has already been lost. An amendment cannot be a direct negative to the motion or the amended motion.^{^[3]}

Please note that amendments that are significantly different must comply with the decision-making provisions of Part 6, LGA 2002.

22.6 Chairperson may recommend amendment

A Chairperson, when moving the adoption of a recommendation from a committee or subcommittee to the council can include in the motion an amendment to the committee or subcommittee’s recommendation.

22.7 Foreshadowed amendments

The meeting must dispose of an existing amendment before a new amendment can be foreshadowed. However, members may notify the Chairperson that they intend to move further amendments and the nature of their content.

22.8 Lost amendments

Where an amendment is lost, the meeting will resume the debate on the original or substituted motion. Any member who has not spoken to that motion may speak to it, and may move or second a further amendment.

22.9 Carried amendments

Where an amendment is carried the meeting will resume the debate on the original motion as amended. This will now be referred to as the substantive motion. Members who have not spoken to the original motion may speak to the substantive motion, and may move or second a further amendment to it.

22.10 Where a motion is lost

In a situation where a motion that recommends a course of action is lost a new motion, with the consent of the Chairperson, may be proposed to provide direction.

22.11 Withdrawal of motions and amendments

Once a motion or amendment which has been seconded has been put to the meeting by the Chairperson the mover cannot withdraw it without the consent of the majority of the members who are present and voting.

The mover of an original motion, which has been subject to an amendment that has been moved and seconded, cannot withdraw the original motion until the amendment has either been lost or withdrawn by agreement, as above.

22.12 No speakers after reply or motion has been put

A member may not speak to any motion once:

(a) the mover has started their right of reply in relation to the motion; and

(b) the Chairperson has started putting the motion.

23. Revocation or alteration of resolutions

23.1 Member may move revocation of a decision

A member may give the chief executive a notice of motion for the revocation or alteration of all or part of a previous resolution of the council, subordinate body, local or community board. The notice must set out:

(a) The resolution or part of the resolution which the member proposes to revoke or alter;

(b) The meeting date when the resolution was passed;

(d) Sufficient information to satisfy the decision-making provisions of sections 77-82 of the LGA 2002.

If the mover of the notice of motion is unable to provide this information, or the decision is likely to be deemed a significant decision, the notice of motion should provide that the proposal is referred to the chief executive for consideration and report.

23.2 Revocation must be made by the body responsible for the decision

If a resolution is made under delegated authority by a committee, subcommittee or subordinate decision-making body, or a local or community board, only that body may revoke or amend the resolution, assuming the resolution is legally made.

This provision does not prevent the body that made the delegation from removing or amending a delegation given to a subordinate body or local board or community board.

cl. 32 (2)4 Schedule 7, LGA 2002.

23.3 Requirement to give notice

A member must give notice to the chief executive at least 5 working days before the meeting at which it is proposed to consider the motion. The notice is to be signed by not less than one third of the members of the local authority, including vacancies. Notice can be sent via email and include the scanned electronic signatures of members.If the notice of motion is lost, no similar notice of motion which is substantially the same in purpose and effect may be accepted within the next twelve months.

23.4 Restrictions on actions under the affected resolution

Once a notice of motion to revoke or alter a previous resolution has been received no irreversible action may be taken under the resolution in question until the proposed notice of motion has been dealt with. Exceptions apply where, in the opinion of the Chairperson:

(a) the practical effect of delaying actions under the resolution would be the same as if the resolution had been revoked;

(b) by reason of repetitive notices, the effect of the notice is an attempt by a minority to frustrate the will of the local authority or the committee that made the previous resolution.

In either of these situations, action may be taken under the resolution as though no notice of motion had been given to the chief executive.

23.5 Revocation or alteration by resolution at same meeting

A meeting may revoke or alter a previous resolution made at the same meeting where, during the course of the meeting, it receives fresh facts or information concerning the resolution. In this situation 75 per cent of the members present and voting must agree to the revocation or alteration.

23.6 Revocation or alteration by recommendation in report

The local authority, on a recommendation in a report by the Chairperson, chief executive, or any committee or subcommittee, local or community board, may revoke or alter all or part of a resolution passed by a previous meeting. The chief executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.

cl. 30 (6) Schedule 7, LGA 2002.

24. Procedural motions

24.1 Procedural motions must be taken immediately

A procedural motion to close or adjourn a debate will take precedence over other business, except points of order and rights of reply. If the procedural motion is seconded the Chairperson must put it to the vote immediately, without discussion or debate.

24.2 Procedural motions to close or adjourn a debate

Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or adjourn a debate:

(a) that the meeting be adjourned to the next ordinary meeting (unless the member states an alternative time and place);

(b) that the motion under debate should now be put (a closure motion);

(c) that the item being discussed should be adjourned to a specified time and place and not be further discussed at the meeting;

(d) that the item of business being discussed should lie on the table and not be further discussed at this meeting;

(e) that the item being discussed should be referred (or referred back) to the relevant committee or local or community board.

A member seeking to move a procedural motion must not interrupt another member who is already speaking.

24.3 Voting on procedural motions

Procedural motions to close or adjourn a debate must be decided by a majority of all members who are present and voting. If the motion is lost no member may move a further procedural motion to close or adjourn the debate within the next 15 minutes.

24.4 Debate on adjourned items

When debate resumes on items of business that have been previously adjourned all members are entitled to speak on the items.

24.5 Remaining business at adjourned meetings

Where a resolution is made to adjourn a meeting, the remaining business will be considered at the next meeting.

24.6 Business referred to the council, committee or local or community board

Where an item of business is referred (or referred back) to a committee or a local or community board, the committee or board will consider the item at its next meeting unless the meeting resolves otherwise.

24.7 Other types of procedural motions

The Chairperson has discretion about whether to allow any other procedural motion that is not contained in these standing orders.

25. Points of order

25.1 Members may raise points of order

Any member may raise a point of order when they believe these standing orders have been breached. When a point of order is raised, the member who was previously speaking must stop speaking and sit down (if standing).

25.2 Subjects for points of order

A member who is raising a point of order must state precisely what its subject is. Points of order may be raised for the following subjects:

(a) disorder – bringing disorder to the attention of the Chairperson;

(b) language – use of disrespectful, offensive or malicious language;

(d) misrepresentation – misrepresentation of any statement made by a member or by an officer or council employee;

(e) breach of standing order – the breach of any standing order while also specifying which standing order is subject to the breach;

(f) request the recording of words, such as a request that the minutes record words that have been the subject of an objection.

25.3 Contradictions

Expressing a difference of opinion or contradicting a statement by a previous speaker does not constitute a point of order.

25.4 Point of order during division

A member may not raise a point of order during a division, except with the permission of the Chairperson.

25.5 Chairperson’s decision on points of order

The Chairperson may decide a point of order immediately after it has been raised, or may choose to hear further argument about the point before deciding. The Chairperson’s ruling on any point of order, and any explanation of that ruling, is not open to any discussion and is final.

26. Notices of motion

26.1 Notice of intended motion to be in writing

Notice of intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. (Notice of an intended motion can be sent via email and include the scanned electronic signature of the mover.)

Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered.

26.2 Refusal of notice of motion

The Chairperson may direct the chief executive to refuse to accept any notice of motion which:

(a) is disrespectful or which contains offensive language or statements made with malice; or

(b) is not related to the role or functions of the local authority or meeting concerned; or

(c) contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive officer may make; or

(d) is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned; or

(e) fails to include sufficient information as to satisfy the decision-making provisions of s.77-82 LGA 2002; or

(f) concerns a matter where decision-making authority has been delegated to a subordinate body or a local or community board.

Reasons for refusing a notice of motion should be provided to the mover. Where the refusal is due to (f) the notice of motion may be referred to the appropriate committee or board.

26.3 Mover of notice of motion

Notices of motion may not proceed in the absence of the mover unless moved by another member authorised to do so, in writing, by the mover.

26.4 Alteration of notice of motion

Only the mover, at the time the notice of motion is moved and with the agreement of a majority of those present at the meeting, may alter a proposed notice of motion. Once moved and seconded no amendments may be made to a notice of motion.

26.5 When notices of motion lapse

Notices of motion that are not put when called by the Chairperson must lapse.

26.6 Referral of notices of motion

Any notice of motion received that refers to a matter ordinarily dealt with by a committee of the local authority or a local or community board must be referred to that committee or board by the chief executive.

Where notices are referred the proposer of the intended motion, if not a member of that committee, must have the right to move that motion and have the right of reply, as if a committee member.

26.7 Repeat notices of motion

When a motion has been considered and rejected by the local authority or a committee, no similar notice of motion which, in the opinion of the Chairperson, may be accepted within the next 12 months, unless signed by not less than one third of all members, including vacancies.

Where a notice of motion has been adopted by the local authority no other notice of motion which, in the opinion of the Chairperson has the same effect, may be put while the original motion stands.

27. Minutes

27.1 Minutes to be evidence of proceedings

The local authority, its committees, subcommittees and any local and community boards must keep minutes of their proceedings. These minutes must be kept in hard or electronic copy, authorised by a Chairperson’s manual or electronic signature once~~signed and included in the council’s minute book and, when~~ confirmed by resolution at a subsequent meeting. ~~and signed by the Chairperson, will be~~ Once signed the minutes are the prima facie evidence of the proceedings they relate to.

cl. 28 Schedule 7, LGA 2002.

27.2 Matters recorded in minutes

The chief executive must keep the minutes of meetings. The minutes must record:

(a) the date, time and venue of the meeting;

(b) the names of the members present;

(d) any apologies or leaves of absences;

(e) the arrival and departure times of members;

(f) any failure of a quorum;

(g) a list of any external speakers and the topics they addressed;

(h) a list of the items considered;

(i) the resolutions and amendments related to those items including those that were lost, provided they had been moved and seconded in accordance with these standing orders;

(j) the names of all movers, and seconders;

(k) any objections made to words used;

(l) all divisions taken and, if taken, a record of each members’ vote;

(m) the names of any members requesting that votes or abstentions be recorded;

(n) any declarations of financial or non-financial conflicts of interest;

(o) the contempt, censure and removal of any members;

(p) any resolutions to exclude members of the public;

(q) the time at which the meeting concludes or adjourns;

(r) the names of people permitted to stay in public excluded.

Please Note: hearings under the RMA, Dog Control Act 1996 and Sale and Supply of Alcohol Act 2012 may have special requirements for minute taking.

27.3 No discussion on minutes

The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.

27.4 Minutes of last meeting before election

The chief executive and the relevant Chairpersons must sign the minutes of the last meeting of the local authority and its local and community boards before the next election of members.

28. ~~Minute books~~Keeping a record

28.1 ~~Inspection~~Maintaining accurate records

A local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.

All public records that are in its control must be maintained in an accessible form, so as to be able to be sued for subsequent reference.A hard copy of the local authority’s minute books must be kept by the chief executive and be open for inspection by the public. This does not preclude the complementary use of electronic minutes in accordance with the Electronics Transactions Act.

s~~. 51 LGOIMA~~ S. 17 Public Records Act 2005

28.2 Method for maintaining records

Records of minutes may be kept in hard copy (Minute Books) and/or in electronic form. If minutes are stored electronically the repository in which they are kept must meet the following requirements.:

(a) The provision of a reliable means of assuring the integrity of the information is maintained; and

(b) The information is readily accessible so as to be usable for subsequent reference.

S 229(1) of the Contract and Commercial Law Act 2017.

28.3 Inspection

Whether held in hard copy or in electronic form minutes must be available for inspection by the public.

s. 51 LGOIMA

28.4 Inspection of public excluded matters

The chief executive must consider any request for the minutes of a meeting or part of a meeting from which the public was excluded as a request for official information in terms of the Local Government Official Information and Meetings Act 1987.

Referenced documents

· Commissions of Inquiry Act 1908

· Sale and Supply of Alcohol Act 2012

· Crimes Act 1961

· Contract and Commercial Law Act 2017

· Financial Markets Conduct Act 2013

· Local Authorities (Members’ Interests) Act 1968 (LAMIA)

· Local Electoral Act 2001 (LEA)

· Local Government Act 1974 and 2002 (LGA)

· Local Government Official Information and Meetings Act 1987 (LGOIMA)

· Marine Farming Act 1971

· Public Records Act 2005

· Resource Management Act 1991 (RMA)

· Secret Commissions Act 1910

Appendix 1: Grounds to exclude the public

A local authority may, by resolution, exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

A1 That good reason exists for excluding the public from the whole or any part of the proceedings of any meeting as the public disclosure of information would be likely:

(a) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(b) to endanger the safety of any person.

A2 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

(a) Protect the privacy of natural persons, including that of deceased natural persons; or

(b) Protect information where the making available of the information would:

i. disclose a trade secret; or

ii. be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or,

(c) In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Māori i, or to avoid the disclosure of the location of waahi tapu; or

(d) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would:

i. be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

ii. be likely otherwise to damage the public interest; or

(e) Avoid prejudice to measures protecting the health or safety of members of the public; or

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

(g) Maintain the effective conduct of public affairs through –the protection of such members, officers, employees, and persons from improper pressure or harassment; or

(h) Maintain legal professional privilege; or

(i) Enable any Council holding the information to carry out, without prejudice or disadvantage, commercial activities; or

(j) Enable any Council holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or

(k) Prevent the disclosure or use of official information for improper gain or improper advantage.

P~~rovided that~~ Wwhere A2 of this Appendix applies the public may be excluded unless, in the circumstances of the particular case, the exclusion of the public is outweighed by other considerations which render it desirable, in the public interest, that the public not be excluded.

A3 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information, the public disclosure of which would:

(a) Be contrary to the provisions of a specified enactment; or

(b) Constitute contempt of Court or of the House of Representatives.

A4 That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that Council by an Ombudsman under section 30(1) or section 38(3) of this Act (in the case of a Council named or specified in Schedule 1 to this Act).

A5 That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation in:

(a) Any proceedings before a Council where

i. A right of appeal lies to any Court or tribunal against the final decision of the Council in those proceedings; or

ii. The Council is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

iii. proceedings of a Council in relation to any application or objection under the Marine Farming Act 1971

(b) Any ~~proceedings of a Council in relation to any application or objection under the Marine Farming Act 1971~~.

See s. 48 LGOIMA


AGENDA Council Meeting
I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on:
Date:	Thursday, 7 November 2019
Time:	10.00am
Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Wayne Maxwell Chief Executive

COMMITTEE	CHAIR	MEMBERS
Strategy and Operations Committee	Cr Cootes	Mayor and all Councillors
Audit and Risk Subcommittee	Independent	Mayor, Deputy Mayor, Chair of Strategy & Operations, and Deputy Chair of Strategy & Operations Committee
Grants Allocation Subcommittee	Cr Elliott	Mayor and 5 Councillors
Appeals Hearing Subcommittee	Mayor	Deputy Mayor, and Chair of Strategy and Operations Committee
Chief Executive Performance and Employment Subcommittee	Mayor	Mayor and all Councillors

MAYORAL APPOINTMENTS UNDER S41A LGA 2002
COMMITTEE	CHAIR	MEMBERSHIP
Strategy and Operations Committee	Cr Cootes	Mayor and all Councillors Māori member with voting rights
Audit and Risk Subcommittee	Independent	Mayor, Deputy Mayor, Chair of Strategy and Operations, and Deputy Chair of Strategy and Operations
Grants Allocation Subcommittee	Cr Elliott	Mayor + 5 Crs
Appeals Hearing Subcommittee	Mayor	Mayor, Deputy Mayor and Chair of Strategy and Operations & 1 Councillor
Chief Executive Performance and Employment Subcommittee	Mayor	Mayor and all Councillors

A. Council’s Partnership Model

A2. Council and Mayoral Powers
B. Standing Commmittees

B.1 Strategy and Operations
C. Subcommittees
C.1 Audit and Risk
C.2 Chief Executive Performance and Employment
C.3 Appeals Hearing
C.4 Grants Allocation
C.5 Campe Estate Subcommittee

D. Community Boards

Status and Constitution
Delegated Authority

Partnership with Tangata Whenua
Te Whakaminenga o Kāpiti	This group is the independent partnership body between Council and the District’s three iwi. It came into being through the Memorandum of Partnership. The group acts as a forum for discussion and source of advice to both the Council and Tāngata whenua. The objectives of the group are: a) To provide a forum for the exchange of views on issues that impact on the social, environmental, economic and cultural wellbeing of the Tāngata Whenua; b) To assist iwi and hapū participation in resource management and other issues; c) To assist Council in understanding its responsibilities under the Treaty of Waitangi and legislation relating to Māori interests, values and Treaty settlements; d) To provide advice and assistance to Council with regard to tikanga Māori and kaitiakitanga; e) To facilitate Council contact with iwi, hapū and whānau as required; f) To facilitate education and information exchange between Tāngata Whenua and Council; g) For Tāngata Whenua to provide advice and/or recommendations to Council on policies and plans; h) For Council to provide advice and/or recommendations to Tāngata Whenua on policies and plans; i) To review the Memorandum of Partnership at least once every Triennium or as requested by a majority of members; j) To review the effectiveness of Council’s plans and policies; k) To appoint and delegate appropriate powers to Working Parties to address specific work areas; l) To discuss, formulate, implement and evaluate the priorities within the Strategic Workplan of Te Whakaminenga o Kāpiti according to budget.
Organisations with a Regional Focus
Zone 4 (Local Government New Zealand)	There are six Zones which meet four times a year. The purposes of Zones are to: be an electoral college for the appointment of National Council representatives; be working fora of Local Government New Zealand on a geographic basis; provide an opportunity for two-way communication between these geographic areas and Local Government New Zealand; provide networking and information-sharing opportunities.
Wellington Region Climate Change Working Group (WRCCWG)	This Group examines how the councils and mana whenua across the Wellington region can work together to address all of the issues associated with climate change for both mitigation and adaptation.

Mayor K Gurunathan	Chair
Cr Janet Holborow	Deputy
Cr Martin Halliday	Member
Cr Angela Buswell	Member
Cr Gwynn Compton	Member
Cr James Cootes	Member
Cr Jackie Elliott	Member
Cr Jocelyn Prvanov	Member
Cr Bernie Randall	Member
Cr Rob McCann	Member
Cr Sophie Handford	Member

COMMITTEE	CHAIR	MEMBERSHIP
STRATEGY AND OPERATIONS	Cr James Cootes	Mayor and all Councillors

SUBCOMMITTEE	CHAIR	MEMBERSHIP
Audit and Risk	Independent	Mayor, Deputy Mayor, Chair of Strategy and Operation, and 2 Independent members.

Organisations with an Environmental Focus
Friends of the Ōtaki River Group	The group was established as the result of an invitation from Greater Wellington Regional Council (GWRC) to the Ōtaki community to participate in development and implementation of the Ōtaki Floodplain Management Plan.
Friends of the Waikanae River Group	This group was established to represent the community in the management and development of the Waikanae River and its environment..
Kapiti Coast Aircraft Noise Community Liaison Group	Having this group is a requirement of the District Plan under the Resource Management Act (RMA) 1991. The Group oversees the implementation of the Management Plan. Hilary Wooding was appointed as Chair with term ending 1 January 2019. Two airport operators also appointed by Council ending 1 January 2018.
NZTA Expressway Community Liaison Group	A community group open to all interested parties to liaise with the Alliance Project Team on any matters of concern. Will still be required for 12 months after completion. Members invited from key stakeholders, iwi, Community Boards, community groups, business groups and schools.

Wellington Regional Waste Forum	Established to increase awareness of environmental issues relating to the management of waste by providing a forum for local authorities to discuss matters and disseminate information.
Pharazyn Reserve Focus Group	Established in 2006, this 7-member group assists staff in the development and rehabilitation of the Reserve in line with the adopted management and development plans.
Kapiti Ecological Restoration Maintenance Trust	The Trust collaborates with Council in restoring the Kaitawa and Greendale Reserves and the Waikanae River Corridor.
Organisations with a Council Owned Property Focus
Paraparaumu College Community Sports Hall Committee	This Committee has two Councillors and two staff as members under a joint management agreement, which is a legal document valid until December 2029. Council is part owner of this property that was established a joint venture between the school and the community.
Organisations which are Contracted to provide Services
A Safe Kapiti (formerly Kāpiti Safer Community Trust)	The Trust’s vision is for a safe, crime-free community. It recognises the importance of "early intervention" as a means to prevent children and young people drifting into crime at an older age. It places a strong emphasis on working with young people, children and their families to focus on fostering greater resiliency through the protective factors of family, education, community and peers. The Trust Deed allows for a Councillor appointment.
Mahara Gallery Trust	The Trust has a Memorandum of Understanding with Council to provide gallery and education services and also receives rental support and a one-to-one subsidy to match corporate sponsorship. Council makes one appointment to the Mahara Gallery Trust. The Trust has requested that this be a Councillor.
Mahara Gallery Upgrade Project Steering Group	This Group comprises a representative each from Council, the Mahara Gallery Trust and the Field Trust to provide project governance.
Organisations which provide a community service
Kāpiti Emergency Medical Services (EMS) Trust	The EMS Trust is a non-profit charitable trust, and EMS team-members work voluntarily to enhance the pre-hospital care of trauma and medical patients within the Kapiti region with respect to area's relative geographical isolation from base hospital facilities. The Trust Deed provides for the Mayor to be a member.
Kapiti Accessibility Advisory Group	(Previously the Disability Reference Group) This group works with Council to improve the accessibility of Council facilities and services.
Road Safety Advisory Group	This is a voluntary group which advises the Council on road safety matters on the Kāpiti Coast. The main purpose is to provide a forum where members can provide feedback and advice aimed at achieving safer journeys through education, improved transport networks and infrastructure design.
Kapiti Cycleway, Walkway and Bridleway (CWB) Advisory Group	This is a voluntary group which seeks to extend the CWB network and improve the cycling, walking and equestrian experience on the Kapiti Coast. The terms of reference for this group were revised and approved by the Environment and Community Development Committee in April 2016.
Kapiti Coast Youth Council	This group works with Council and other agencies in an advocacy role to promote the needs and contributions of youth in the District
Kapiti Coast Older Persons’ Council	This group advocates re issues for older people in the District.
The Public Art Panel	The Public Art Panel is appointed by the Council to oversee the public art programme. The Panel’s primary goal is to assist the Council to implement the Council’s Public Art Policy (August 2013).

	Committees	Subcommittee	Portfolio	Community Boards	Other appointments
Mayor	Council Strategy & Operations Te Whakaminenga o Kapiti	Audit & Risk Grants Appeals			Te Whakaminenga o Kāpiti Regional Transport Joint Committee Older Persons Council Regional Strategy Joint Committee
Cr Holborow *Deputy Mayor*	Council Strategy & Operations	Audit & Risk Grants Appeals	Cultural wellbeing (including Arts)		Public Art Panel Accessibility Advisory Group Mahara Gallery Trust LGNZ Policy Advisory Group Regional Strategy Joint Committee
Cr Cootes	Council Strategy & Operations (Chair) Te Whakaminenga o Kapiti	Audit & Risk	Transport	Ōtaki Community Board	Te Whakaminenga o Kāpiti Regional Transport Joint Committee Road Safety Advisory Group
Cr Compton	Council Strategy & Operations (Deputy Chair)	Audit & Risk	Rural GWRC Economic wellbeing
Cr Buswell	Council Strategy & Operations	Grants (Deputy Chair)	Business & Jobs		Cycleway Walkway and Bridleway Advisory Group Friends of the Ōtaki River
Cr Elliott	Council Strategy & Operations	Grants (Chair)	Waste		Regional Waste Forum Waste Minimisation Task Force
Cr McCann	Council Strategy & Operations	Grants	Housing Social wellbeing
Cr Handford	Council Strategy & Operations		Climate Youth	Paekākāriki Community Board	Youth Council Wellington Region Climate Change Working Group
Cr Prvanov	Council Strategy & Operations	Appeals Hearing (Deputy Chair)	Environmental wellbeing	Waikanae Community Board	Cycleway Walkway and Bridleway Advisory Group Friends of the Waikanae River Ecological Restoration Maintenance Trust
Cr Halliday	Council Strategy & Operations	Grants	Health Seniors	Paraparaumu-Raumati Community Board	Older Persons Council Paraparaumu College hall
Cr Randall	Council Strategy & Operations			Paraparaumu-Raumati Community Board	Road Safety Advisory Group Paraparaumu College hall

Section/Clause	Amendment
Section 2	A number of new definitions are proposed to further reflect and clarify actual meeting practice, with the exception of LGNZ’s reference to an audio visual link which this Council does not currently provide
Section 8, clauses 8.5, 8.6 and 8.7	These clauses relating to the types of and requirements for notifying emergency and extraordinary meetings are included to clarify the processes
Section 9, clause 9.16	The current section on 9.16 decisions on water assets and services is proposed to be retained.
Section 13, clauses 13.1 and 13.2	These clauses relating to the Chairing of meetings explain the various scenarios more clearly without changing the substance.
Section 14	This section deals with Public Speaking Time. LGNZ proposed replacing this with the term ‘Public Forum’. Given that Council has an informal pre-meeting public forum it is recommended that Council retain the reference ‘Public Speaking Time’ in Standing Orders to avoid confusion. The LGNZ template also suggests that items in the Public Speaking Timeslots at committee, subcommittee or community board meetings should be within the terms of reference of that body.
Section 16	This section on petitions contains some proposed amendments which tighten up the process for receiving petitions ie they must be received by the chief executive at least 5 working days before the meeting date. This has not been the practice of this Council where petitions could be accepted unannounced at any meeting.
Section 18, clause 18.3	Previous councils have voted for the Chairperson to have a casting vote; however members today may make a different decision.
Section 19, clause 19.2	This change deals with elected member behavior at meetings, bringing it into line with the Council Code of Conduct.
Section 20, clause 20.5	This change clarifies that members may speak more than once only with the Chairperson’s permission at any meeting.
Section 22, clause 22.5 and 22.6	An additional note is proposed that ‘Amendments which are significantly different must comply with the decision-making provisions of Part 6 of the LGA 2002’, that is, around transparency and consultation. Clause 22.6 proposes an additional power for the Chairperson to include an amendment, if desired, in a motion for the adoption of a recommendation from a subordinate decision-making body, thus streamlining the process.
Sections 27 and 28	Several changes are proposed to these sections to reflect modern meeting practice (electronic records), allowing the keeping and authorising of minutes in hard or electronic copy and clarifying the requirements around the latter. The Public Records Act 2005 and the Contract and Commercial Law Act 2017 are cited in support.
Appendix 1, clause A5	This section has been rearranged for clarity without changing the substance.
Appendix 2	The LGNZ version replaces the current version as the former is clearer.
Appendix 3,	These are charts outlining the flow of motions and amendments under the various debating options (A, B or C – see section 21). Given that members can agree at any meeting as to which option is used for that meeting it is useful to include all three charts.
Appendix 5	This has been amended to reflect Council’s intent to increase the availability of meeting records to the public by capturing meeting footage in video format uploaded to the Council website for future reference.
Appendix 9	This appendix on workshops contains an additional clause to reflect current practice around recording discussions.

Meeting Item No. and subject	Reason for excluding the public	Grounds for excluding the public
		To prevent the disclosure of information which would— i. be contrary to the provisions of a specified enactment; or ii. constitute contempt of court or of the House of Representatives (s.48(1)(b)).
		To consider a recommendation made by an Ombudsman (s. 48(1)(c)).
		To deliberate on matters relating to proceedings where: i. a right of appeal lies to a court or tribunal against the final decision of the councils in those proceedings; or ii. the council is required, by an enactment, to make a recommendation in respect of the matter that is the subject of those proceedings (s.48(1)(d)).
		To deliberate on proceedings in relation to an application or objection under the Marine Farming Act 1971 (s.48(1)(d)).

		To carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (s 7(2)(i)).
		To protect the privacy of natural persons, including that of deceased natural persons (s 7(2)(a)).
		To maintain legal professional privilege (s 7(2)(g)).
		To prevent the disclosure or use of official information for improper gain or advantage (s. 7(2)(j)).
		To protect information which if public would; i. disclose a trade secret; or ii. unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information (s 7(2)(b)).
		To avoid serious offence to Tikanga Māori, or the disclosure of the location of waahi tapu in relation to an application under the RMA 1991 for; · a resource consent, or · a water conservation order, or · a requirement for a designation or · an heritage order, (s 7(2)(ba)).
		To protect information which is subject to an obligation of confidence where the making available of the information would be likely to: i. prejudice the supply of similar information, or information from the same source, where it is in the public interest that such information should continue to be supplied; or ii. would be likely otherwise to damage the public interest (s 7(2)(c)).
		To avoid prejudice to measures protecting the health or safety of members of the public (s 7(2)(d)).
		To avoid prejudice to measures that prevent or mitigate material loss to members of the public (s 7(2)(e)).
		To maintain the effective conduct of public affairs by protecting members or employees of the Council in the course of their duty, from improper pressure or harassment (s 7(2)(f)(ii)).
		To enable the council to carry out, without prejudice or disadvantage, commercial activities (s 7(2)(h)).

	~~General subject of each matter to be considered~~	~~Reason for passing this resolution in relation to each matter~~	~~Ground(s) under section 48(1) for the passing of this resolution~~
1	~~Put in name of report~~	~~Good reason to withhold exists under Section 7.~~	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
2		~~Good reason to withhold exists under Section 7.~~	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
3		~~Good reason to withhold exists under Section 7.~~	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
4	~~Hearings Committee~~	~~To enable the Committee to consider the application and submissions.~~ OR ~~To enable the Committee to consider the objection to fees and charges.~~ OR ~~To enable the Committee to.~~	That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council/Committee to deliberate in private on its decision or recommendation in any proceedings where : ~~a right of appeal lies to any Court or tribunal against the final decision of the Council/Committee in those proceedings; or~~ ~~the local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings.~~ ~~Use (i) for the RMA hearings and (ii) for hearings under LGA such as objections to Development Contributions or hearings under the Dog Control Act~~ ~~s. 48(1)(d).~~

~~Item No~~	~~Interest~~
	~~Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))~~
	~~Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a))~~
	~~Maintain legal professional privilege (Schedule 7(2)(g))~~
	~~Prevent the disclosure or use of official information for improper gain or improper advantage (Schedule 7(2)(j))~~
	~~Protect information where the making available of the information~~ (i) would disclose a trade secret; or (ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information (Schedule 7(2)(b))
	In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to Tikanga Māori , or to avoid the disclosure of the location of waahi tapu (Schedule 7(2)(ba))
	Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information - (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or ~~(ii) would be likely otherwise to damage the public interest (Schedule 7(2)(c))~~
	~~Avoid prejudice to measures protecting the health or safety of members of the public (Schedule 7(2)(d))~~
	~~Avoid prejudice to measures that prevent or mitigate material loss to members of the public (Schedule 7(2)(e))~~
	Maintain the effective conduct of public affairs through the protection of members or officers or employees of the Council, and persons to whom Section 2(5) of the Local Government Official Information and Meetings Act 1987 applies in the course of their duty, from improper pressure or harassment (Schedule 7(2)(f)(ii)).
	~~Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities (Schedule 7(2)(h))~~

DRAFT	AMENDMENT/S SUMMARY	SIGNOFF/COMMENT
1

Motion	Has the Chair discretion to refuse this Motion?	Is seconder required?	Is discussion in order?	Are amendments in order?	Is mover of procedural motion entitled to reply?	Are previous participants in debate entitled to move this motion?	Can a speaker be interrupted by the mover of this motion?	If lost, can motion be moved after an interval?	Position if an amendment is already before the Chair	Position if a procedural motion is already before the Chair	Remarks
(a) “That the meeting be adjourned to the next ordinary meeting, or to a stated time and place’	No	Yes	No	As to time and date only	No	No	No	Yes – 15 minutes	If carried, debate on the original motion and amendment are adjourned	If carried, debate on the original motion and procedural motion are adjourned	On resumption of debate, the mover of the adjournment speaks first. Members who have spoken in the debate may not speak again
(b) “That the motion under debate be now put (closure motion)”	No	Yes	No	No	No	No	No	Yes – 15 Minutes	If carried, only the amendment is put	If carried, only the procedural motion is put	The mover of the motion under debate is entitled to exercise a right of reply before the motion or amendment under debate is put
(c) “That the item of business being discussed be adjourned to a stated time and place”	No	Yes	No	As to time and date only	No	No	NO	Yes – 15 minutes	If carried, debate ion the original motion and amendment are adjourned	If carried, debate on the original motion and procedural motion are adjourned