Auckland Council. Standing Orders of the [ ] Local Board

Transcription

1 Auckland Council Standing Orders of the [ ] Local Board Set by the Auckland Transition Agency on 27 October 2010

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3 CONTENTS PAGE 1. GENERAL STATUS SCOPE AND GENERAL INTERPRETATION APPLICATION OF STANDING ORDERS DEFINITIONS 2 2. CONSTITUTIONAL AND LEGISLATIVE MATTERS INTRODUCTION Alteration of standing orders Temporary suspension of standing orders All members to abide by standing orders FIRST MEETING OF THE LOCAL BOARD FOLLOWING ELECTION Meeting called by Chief Executive Business to be conducted Members to give notice of addresses CHAIRPERSON OF MEETINGS Local Board chairperson to preside Chairperson of committee to preside QUORUM AT MEETINGS Requirement for a quorum Quorum to be present throughout meeting Definition of quorum for Local Board or joint committee meetings Definition of quorum for Local Board committee meetings VOTING AT MEETINGS Actions and decisions of the Local Board by majority vote at meetings APPOINTMENTS AND VOTING SYSTEM Provisions for election or appointment of chairperson and deputy chairperson of the Local Board and committees and representatives of the Local Board APPOINTMENT OF LOCAL BOARD COMMITTEES AND OTHER SUBORDINATE DECISION- MAKING BODIES Appointment of committees, subcommittees and other subordinate decision making bodies Discharge or reconstitution of committees, subcommittees and other subordinate decision-making bodies Committees and subordinate decision-making bodies subject to direction of the Local Board JOINT COMMITTEES Appointment of joint committee Status of joint committees Powers and responsibilities of joint committees MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES Appointment or discharge of committee members and subcommittee members Appointed members on committees and subcommittees Table of Contents

4 2.9.3 Minimum numbers on committees and subcommittees Chairperson ex officio committee member POWERS OF DELEGATION Delegations to committees, members and officers Onward delegation of Governing Body matters Onward delegation of Auckland Transport matters Use of delegated powers PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES Proceedings not invalidated by vacancies or irregularities GENERAL PROVISIONS AS TO MEETINGS Meetings to be held Right to attend meetings Calling, public notification and conduct of meetings Agenda or order paper to be sent to members Delivery of material to members Meetings not invalid because notice not received Minutes of proceedings Members Attendance at all committee meetings NOTIFICATION OF MEETINGS TO MEMBERS Period for notice in writing Schedule of meetings Cancellation of scheduled meetings EXTRAORDINARY MEETINGS Extraordinary meetings may be called Notification of extraordinary meetings to members Calling of extraordinary meetings at earlier time Notification of extraordinary meetings held at earlier time Public notice of resolutions of extraordinary meetings WORKSHOPS Authority to call a workshop Notice of workshop to members Chairing of workshops Record of workshop meetings Workshops exempt from provisions of Part VII (Local Government Meetings) of the Local Government Official Information and Meetings Act PUBLIC AT MEETINGS, ACCESS TO AGENDAS ETC Meetings normally to be open to the public Information to be available to public Public notification about meetings Public notification about extraordinary meetings Public notification additional requirements Meetings not invalid because not publicly notified Public notice of meetings not notified Public notice of resolutions of extraordinary meetings Availability of agendas and reports Exclusion from reports to be discussed with public excluded Agenda to be made available to public who are at meetings List of committee members publicly available Public entitled to inspect minutes Requests for minutes of meetings in public excluded session... 19

5 2.17. REASONS TO EXCLUDE PUBLIC Lawful reasons to exclude public Form of resolutions to exclude public Motion to exclude public to be put with the public present Provision for persons to remain after public excluded Release of public excluded information APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION Standing orders to apply USE OF PUBLIC EXCLUDED INFORMATION Public excluded business not to be disclosed MEETING PROCEDURES APPLICATION OF STANDING ORDERS All members to abide by standing orders Additional to or substitution of standing orders Exclusions for meetings at which no resolutions or decisions are made SUSPENSION OF STANDING ORDERS Temporary suspension CONDUCT OF MEETINGS Mode of address for chairperson Chairperson to decide Chairperson rising Members to speak in places and address the chairperson Priority of speakers Speeches in English or Mãori Duration of meetings and time limits Reporting of meetings Disorderly members to withdraw Members not to be disrespectful Retraction of, or apology for, offensive or malicious language Withdrawal from meeting Disorder in meeting Adjournment of meeting following disorder Contempt to be recorded in minutes Removal from meeting QUORUM AT MEETINGS FAILURE OF A QUORUM Meeting lapses if no quorum Lapsed business Minutes to record failure of quorum Failure after meeting commences LEAVE OF ABSENCE AND APOLOGIES Granting leave of absence Apologies at meetings Recording of apologies Absence without leave ORDER OF BUSINESS Adoption of order of business Table of Contents

6 3.7.2 Status of agenda Public excluded items Chairperson s report Major items not on the agenda may be dealt with (extraordinary business) Minor items not on the agenda may be discussed (Extraordinary business) PRECEDENCE OF BUSINESS RULES OF DEBATE Reserving speech Irrelevant matter and needless repetition Limitation on speakers Taking down words Reading of speeches Time limits on speakers Member speaking more than once Restating of motion Right of reply When right of reply may be exercised Speaking only to relevant matters Personal explanation Explanation of previous speech Governing Body speaking rights MOTIONS AND AMENDMENTS Requirement for a seconder Withdrawal of motions and amendments Substituted motion by amendment Motions in writing Motions expressed in parts Amendment once moved Amendments and motions not seconded Further amendments Where amendment lost Where amendment carried Amendments relevant Direct negatives not allowed Procedure until resolution Revocation or alteration of resolutions Restriction on action to be taken on previous resolution Revocation or alteration of resolution at same meeting Local Board or committees may revoke or alter any previous resolution Restating the motion No speakers after reply or motion has been put Reflections on resolutions NOTICES OF MOTION Notices of motion to be in writing Refusal of notice of motion Mover of notice of motion Alteration of notice of motion When notices of motion lapse Referral of notices of motion to committees REPEAT NOTICES OF MOTION First repeat where notice of motion rejected... 33

7 Second repeat where notice of motion rejected No repeats where notice of motion agreed or adopted PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE Members may move procedural motions to terminate or adjourn debate Chairperson may accept closure motions Procedural motions to terminate or adjourn debate to take precedence Voting on procedural motions to terminate or adjourn debate Closure motion to be put if no further speaker Closure motion on amendment Right of reply following closure Debate on items previously adjourned Adjourned items taken first Other business not superseded Referral or referred back to committee POINTS OF ORDER Members rising to points of order Stating subject matter of point of order Points of order during division Types of points of order Contradiction not point of order Decision of chairperson final VOTING Decisions to be decided by majority votes Chairpersons voting Open voting Members may abstain Members may have their votes recorded Method of voting Division Second division Pecuniary interest Declaration of pecuniary interest Pecuniary interest a reason for leaving room QUALIFIED PRIVILEGE Qualified privilege relating to agenda and minutes Qualified privilege relating to oral statements Qualified privilege additional to any other provisions MAINTENANCE OR PUBLIC ORDER AT MEETINGS Chairperson may require members of the public to leave meeting Removal of members of public MINUTES OF PROCEEDINGS Minutes to be evidence of proceedings Keeping of minutes No discussion on minutes MINUTE BOOKS Inspection of minute books Minutes of last meeting before election DEPUTATIONS AND PRESENTATIONS Deputations where heard Table of Contents

8 Urgency or major public interest Deputations and presentations in English or Maori Procedures for deputations Deputations from the governing body or other local board Termination of presentation if disrespectful Time limit on presentation Public Forum PETITIONS Form of petitions Petition where presented by members Petition in English or Maori Petition where presented by petitioner QUESTIONS Questions to officers during debate REQUESTS FOR REPORTS APPENDIX A GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS IN TERMS OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT

9 AMENDMENTS No Date of issue Description Entered by and date 1 Amendments

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11 1. GENERAL 1.1. STATUS These standing orders were set in accordance with regulation 5(2) of the Local Government (Tamaki Makaurau Reorganisation) Standing Orders Regulations By reason of regulation 5(2) of the Local Government (Auckland Transitional Provisions) Standing Orders Regulations 2010, they serve as the standing orders of the [name] Local Board until the Local Board adopts its first standing orders under clause 27 of Schedule 7 of the Local Government Act 2002 (by application of section 29 of the Local Government (Auckland Council) Act 2009) SCOPE AND GENERAL The standing orders are presented in three parts: Part 1: Part 2 Part 3 General Introduction Constitutional and Legislative Matters; and Meeting Procedures 1.3. INTERPRETATION The word shall identifies a mandatory requirement for compliance with these standing orders. The word "should" refers to practices which are advised or recommended. Where direct quotations from the legislation are cited in these standing orders they are shown in quotation marks. Square brackets indicate that the quotation has been modified in a non-material way in order to apply specifically to these standing orders, for example by substituting "local authority" with "Local Board" APPLICATION OF STANDING ORDERS These standing orders shall, so far as applicable, extend to the proceedings of all Local Board meetings and any committees of the Local Board, including public excluded sessions, except as provided for in Standing Order A workshop, working party or briefing may be established by resolution of the Local Board or any committee of the Local Board respectively, or may be called by the chairperson of the Local Board or the Chief Executive or his or her nominee. Notwithstanding clause above, the only provisions of standing orders applying to a workshop, working party or briefing shall be those contained or referred to in this clause and clause 2.15 which relates specifically to procedures for them. Briefings: A briefing shall be convened by written notice from the Chief Executive or his or her nominee, addressed to every member to attend, expressly: Convening the meeting as a briefing. 1 P age

12 Advising the date, time and place of the briefing. Confirming the briefing is not to reach any decision or pass or make any resolution but is primarily for the provision of information and discussion. Workshop or Working Party A workshop or working party shall be convened by written notice from the Chief Executive [or his or her nominee], or the chairperson of the Local Board. The notice or resolution referred to above shall expressly: Convene the meeting as a workshop or working party. Advise the date, time and place of the workshop or working party. Confirm that the workshop or working party is not to reach any decision or consider, pass or make any resolution, but is solely for the provision of information and discussion. Proceedings of a workshop, working Party or briefing shall record the following: i. The names of members attending, and ii. A statement summarising the nature of the information received. In all other respects, the conduct of a workshop, working party or briefing shall be determined by the presiding member or facilitator of the workshop DEFINITIONS Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items. Auckland Council or Council means the Auckland Council established by section 6 of the Local Government (Auckland Council) Act 2009, which comprises the Governing Body and the Local Boards. Chairperson means the person who presides at a meeting. Chief Executive means the Chief Executive of the Auckland Council appointed under section 17 of the Local Government (Tamaki Makaurau Reorganisation) Act 2009 or under section 42 of the Local Government Act 2002, irrespective of his or her designation, and includes for the purposes of these standing orders, any other officer authorised by the Auckland Council. Clear working days means the number of working days prescribed in these standing orders for the giving of notice; and excluding the date of service of that notice and the date of the meeting, the subject of that notice. Committee includes, in relation to a Local Board: A committee comprising all the members of the Local Board; A standing committee or special committee appointed by the Local Board; (c) A joint committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002; (d) Any subcommittee of a committee described in items, (c) or (d) of this definition; and 2 P age

13 (e) A subordinate decision-making body. Deputation means a request from any person or interest group in the community to make a presentation to the Local Board or any committee. Elected Representative refers to elected members of the Local Board. Extraordinary meeting has the same meaning as defined in clause 22 of Schedule 7 of the Local Government Act 2002 Governing Body means the Mayor and Councillors of the Auckland Council. Local Board means the [insert name] local board of the Auckland Council. Mayor means the Mayor of the Auckland Council. Meeting means: any first or ordinary or extraordinary meeting of the Local Board; any meeting of any committee, standing committee, joint committee, special committee or subcommittee of the Local Board; and Member means any person elected or appointed to the Local Board or to any committee of the Local Board. Minutes means the record of the proceedings of any meeting of the Local Board or its committees Order Paper means the agenda listing items for consideration at a meeting together with reports and other attachments relating to those items. Public in the case of the Local Board or a committee of the Local Board includes any people who are not elected members of the Local Board or an officer of the Auckland Council providing advice or support to the Local Board. Public excluded information means any information which can be excluded from the public for reasons meeting the provisions of the Local Government Official Information and Meetings Act 1987 and includes: a) 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 (other than information subsequently released by the Auckland Council as publicly available information); and b) Any minutes or portions of minutes of public excluded sessions, other than those subsequently released by the Auckland Council as publicly available information. Public excluded session refers to those meetings or parts of Meetings from which the public is excluded as provided for in the Local Government Official Information and Meetings Act Publicly notified means notified to members of the public by notice contained in the appropriate newspapers circulating in the Auckland region. Quasi judicial function or proceedings means a function or proceedings involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and /or the application of legal principles. 3 P age

14 Quorum means the minimum number of members needing to be present to constitute a valid meeting. Scheduled or Ordinary meeting means any meeting publicly notified by the Auckland Council in accordance with sections 46(1) and (2) of the Local Government Official Information and Meetings Act 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 b) A day in the period commencing with 25 December in any year and ending with 15 January in the following year. Workshop, working party or briefing means an informal forum held primarily for information and/or discussion purposes, as the case may be, and at which no resolutions or decisions are made. 4 P age

15 2. CONSTITUTIONAL AND LEGISLATIVE MATTERS 2.1. INTRODUCTION Alteration of standing orders After the adoption of the first standing orders of the [Local Board], an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present. [ci. 27(3), Schedule 7, LGA] Note: Standing Order does not apply to these standing orders which are prescribed by Order in Council and are not the first standing orders adopted by the Local Board Temporary suspension of standing orders [The Local Board] or its committees may temporarily suspend one or more standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension. [ci. 27(4), Schedule 7, LGA] (See Standing Order 3.2.1) All members to abide by standing orders A member must abide by the standing orders adopted under clause 27 [of Schedule 7 of the Local Government Act]. [ci. 16(1), Schedule 7 LGA] (See Standing Order 3.1.1) 2.2. FIRST MEETING OF THE LOCAL BOARD FOLLOWING ELECTION Meeting called by Chief Executive The first meeting of the [Local Board] following a triennial general election of members must be called by the Chief Executive [or nominee] as soon as practicable after the results of the election are known. The Chief Executive must give the persons elected to the [Local Board] not less than seven days notice of the meeting. [However] if an emergency exists, the Chief Executive may give notice of the meeting as soon as practicable. The Chief Executive (or, in the absence of the Chief Executive, a nominee of that officer) must chair the meeting until the members have made and attested the declaration required under clause 14 [of Schedule 7 of the Local Government Act] and a chairperson elected. [ci. 21(1) (4), Schedule 7, LGA] 5 P age

16 2.2.2 Business to be conducted The business that must be conducted at the meeting of the [Local Board] must include the making and attesting of the declarations required of the members under clause 14 [of Schedule 7 of the Local Government Act]; and The election of the chairperson of the [Local Board]; (c) a general explanation, given or arranged by the Chief Executive, of (i) (ii) the Local Government Official Information and Meetings Act 1987; and other laws affecting members including - the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections and 105A of the Crimes Act 1961, and the Secret Commissions Act 1910, and the Securities Act 1973 and (d) (e) the fixing of the date and time of the first meeting of the [Local Board], or the adoption of a schedule of meetings; and the election of the deputy chairperson of the [Local Board]. [ci. 21(5), Schedule 7, LGA] Members to give notice of addresses Every member of the Local Board must give to the Chief Executive a residential or business address together with, if desired, an , a facsimile or other address within the district or region of the Auckland Council to which notices and material relating to meetings and Council business may be sent or delivered CHAIRPERSON OF MEETINGS Local Board chairperson to preside The chairperson of the [Local Board] must preside at each meeting of the [Local Board] at which he or she is present unless the chairperson vacates for a particular meeting. If the chairperson of the [Local Board] is absent from a meeting, the deputy chairperson must preside. If a deputy chairperson has not been appointed, or if the deputy chairperson is also absent, the members of the [Local Board] that are present must elect one of their number to preside at that meeting and that person may exercise at that meeting the responsibilities, duties, and powers of the chairperson. [ci. 26(1)(5) & (6), Schedule 7 LGA] Chairperson of committee to preside The chairperson of a committee must preside at each meeting of the committee at which he or she is present unless the chairperson vacates the chair for a particular meeting. If the chairperson of a committee is absent from a meeting the deputy chairperson (if any) of the committee must preside. If a deputy chairperson has not been appointed, or if the deputy chairperson is also absent, the members of the committee that are present must elect one of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the chairperson. [ci. 26(2), (5) & (6), Schedule 7, LGA] 6 P age

17 2.4. QUORUM AT MEETINGS Requirement for a quorum A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote. [cl. 23(1), Schedule 7, LGA] Quorum to be present throughout meeting Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted. [cl. 23(2), Schedule 7, LGA] Definition of quorum for Local Board or joint committee meetings The quorum at a meeting of the [Local Board] or joint committee consists of (i) (ii) half of the members if the number of members (including vacancies) is even; or a majority of members if the number of members (including vacancies) is odd. [ci. 23(3), ci. 30(9), Schedule 7, LGA] Definition of quorum for Local Board committee meetings The quorum at a meeting of a committee or subcommittee (i) (ii) is not fewer than two members of that committee or subcommittee (as determined by the [Local Board] that appoints the committee or the committee that appoints the subcommittee); and in the case of a committee other than a subcommittee, must include at least one member of the [Local Board]. [ci. 23(3), Schedule 7, LGA] (See Standing Order 3.4) 2.5. VOTING AT MEETINGS Actions and decisions of the Local Board by majority vote at meetings (1) The actions of the [Local Board] or a committee of the Local Board must be done, and the questions before the [Local Board] or committee must be decided at a meeting by: vote; and the majority of members that are present and voting. 7 P age

18 Casting vote (2) For the purposes of [standing order 2.5.1(1)], the chairperson or other person presiding at the meeting: Has a deliberative vote; and In the case of an equality of votes, has a casting vote. Open voting (3) An act or question coming before the Local Board or its committees must be done or decided by open voting. [ci. 24, Schedule 7, LGA] 2.6. APPOINTMENTS AND VOTING SYSTEM Provisions for election or appointment of chairperson and deputy chairperson of the Local Board and committees and representatives of the Local Board In the case of elections or appointments to positions, the Local Board (or a committee, if so directed by the Local Board) must determine by resolution that a person be elected or appointed by using one of the following systems of voting: System A requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the Local Board or committee present and voting; and has the following characteristics: (i) (ii) (iii) (iv) there is a first round of voting for all candidates; and if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and if no candidate is successful in the second round there is a third and if necessary subsequent round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and in any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot. System B requires that a person is elected or appointed if he or she receives more votes than any other candidate, and has the following characteristics: (i) (ii) there is only one round of voting; and if two or more candidates tie for the most votes, the tie is resolved by lot. [cl. 25, Schedule 7, LGA] 8 P age

19 2.7. APPOINTMENT OF LOCAL BOARD COMMITTEES AND OTHER SUBORDINATE DECISION-MAKING BODIES Appointment of committees, subcommittees and other subordinate decision making bodies The Local Board may appoint committees and any other subordinate decision-making bodies that it considers appropriate and a committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the Local Board. [cl. 30(l)& (2), Schedule 7, LGA] Discharge or reconstitution of committees, subcommittees and other subordinate decision-making bodies Unless expressly provided otherwise in an Act, (c) the [Local Board] may discharge or reconstitute a committee or subcommittee or other subordinate decision making body; and a committee may discharge or reconstitute a subcommittee. A committee, or any other subordinate decision-making body is, unless the [Local Board] resolves otherwise, deemed to be discharged on the coming into office of the members of the [Local Board] elected or appointed at or following, the triennial general election of members next after the appointment of the committee, subcommittee, or other subordinate decision-making body. [ci. 30(5) & (7), Schedule 7, LGA] Committees and subordinate decision-making bodies subject to direction of the Local Board "A committee or other subordinate decision-making body is subject in all things to the control of the [Local Board], and must carry out all general and special directions of the[local Board] given in relation to the committee or other body or the affairs of the committee or other body. Nothing in this [standing order] entitles the [Local Board] or committee to rescind or amend a decision made under a delegation authorising the making of a decision by a committee, a subcommittee, or another subordinate decision-making body." [cl. 30(3), (4) & (6), Schedule 7, LGA] 2.8. JOINT COMMITTEES Appointment of joint committee The Local Board may appoint a joint committee with another [Local Board], the Governing Body, another local authority, or other public body. [cl.30(1) Schedule 7 LGA] 9 P age

20 2.8.2 Status of joint committees A joint committee is deemed to be both a committee of the [Local Board] and a committee of the other Local Board, Governing Body, or local authority or other public body. [cl. 30(8), Schedule 7, LGA] Powers and responsibilities of joint committees [Part 1 of Schedule 7 of the Local Government Act 2002] applies to a joint committee except that (c) The powers to discharge any individual member and appoint another in his or her stead must be exercised by the[local Board] or public body that made the appointment; and The meeting quorum is as [stated in Standing Order 2.4.3]; and The committee may appoint and remove its own chairperson or deputy chairperson. [cl. 30(9), Schedule 7 LGA] 2.9. MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES Appointment or discharge of committee members and subcommittee members The[Local Board] may appoint or discharge any member of a committee or a subcommittee. Unless directed otherwise by the [Local Board], a committee may appoint or discharge any member of a subcommittee appointed by the committee. [cl. 31(1) & (2), Schedule 7, LGA] Appointed members on committees and subcommittees The members of a committee or subcommittee may, but need not be, elected members of the [Local Board] and the [Local Board] or committee may appoint to a committee or subcommittee a person who is not a member of the [Local Board] if, in the opinion of the [Local Board] or the committee, that person has the skills, attributes or knowledge that will assist the work of the committee or subcommittee. At least one member of a committee must be an elected member of the [Local Board]; and an employee of the Auckland Council acting in the course of his or her employment may not act as a member of any committee unless that committee is a subcommittee. [cl. 31(3) & (4), Schedule 7, LGA] Minimum numbers on committees and subcommittees The minimum number of members is three for a committee, and is two for a subcommittee. [ci. 31(6), Schedule 7, LGA] Chairperson ex officio committee member The chairperson of the Local Board may be appointed an ex-officio member of any committee other than a quasi-judicial committee. 10 P age

21 2.10. POWERS OF DELEGATION Delegations to committees, members and officers (1) For the purposes of efficiency and effectiveness in the conduct of the Local Board's business, the Local Board may delegate to a committee or member of the Local Board or an officer of the Auckland Council any of its responsibilities, duties, and powers except (c) (d) (e) (f) (g) (h) the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the Auckland Council; or the power to propose a bylaw or an amendment to a bylaw; or the power to confirm a bylaw or modify a proposed bylaw; or the power to propose the revocation of a bylaw; or the duty to adopt the local board plan for its area; or the duty to agree the local board agreement for its area with the Governing Body of the Auckland Council; or the power to apply to the Local Government Commission for a binding determination in respect of a dispute between itself and the Governing Body; or a responsibility, power or duty that the Local Government (Auckland Council) Act 2009 or any Act expressly provides may not be delegated. (2) However, nothing in subclause (1) restricts the power of the Local Board to delegate to a committee or member of the Local Board or an officer of the Auckland Council the power to do anything precedent to the performance or exercise by the Local Board of a duty or power specified in that subclause (after consulting the committee or member or officer). (3) A committee, or member of the Local Board or an officer of the Auckland Council may delegate a responsibility, duty, or power delegated to it, him, or her under this [Standing Order] to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the original delegation from the Local Board. Note: This Standing Order does not apply to onward delegations by the Local Board of Governing Body or Auckland Transport matters (covered by Standing Orders and respectively). [Regulation 4 of Local Government (Auckland Transitional Provisions) Delegations, Development Contributions and Trade Wastes Regulations 2010] Onward delegation of Governing Body matters The Local Board may delegate any of its responsibilities, duties, and powers delegated to it by the Governing Body to a subcommittee or person. This is subject to any conditions, limitations, or prohibitions imposed on the Local Board by the Governing Body when making the original delegation. [Section 31(4) and (5) Local Government (Auckland Council) Act 2009] 11 P age

22 Onward delegation of Auckland Transport matters The Local Board may delegate any of its responsibilities, duties, functions, or powers delegated to it by Auckland Transport to a subcommittee or person, subject to any conditions, limitations or prohibitions imposed by Auckland Transport when making the original delegation. [Section 54(4) Local Government (Auckland Council) Act 2009] Use of delegated powers A committee, subcommittee or person to which or to whom any responsibility, duty or power is delegated may, without confirmation by the Local Board, committee, subcommittee or individual that made the delegation, perform or exercise the responsibility, duty or power in the same way and with the same effect as: it could have been performed or exercised by: the Local Board, in the case of a delegation under Standing Order ; the Governing Body, in the case of a delegation under Standing Order ; (c) Auckland Transport, in the case of a delegation under Standing Order [Regulation 4 of Local Government (Auckland Transitional Provisions) Delegations, Development Contributions and Trade Wastes Regulations 2010; sections 31(6) and 54(5) Local Government (Auckland Council) Act 2009] PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES Proceedings not invalidated by vacancies or irregularities An act or proceeding of the[local Board] or committee, or of a person acting as a member of the [Local Board] or committee, is not invalidated by a vacancy in the membership of the [Local Board] or committee at the time of that act or proceeding, or the subsequent discovery of some defect in the election or appointment of the person acting as a member of the [Local Board] or committee, or that that person was or is incapable of being a member. [cl. 29, Schedule 7, LGA] GENERAL PROVISIONS AS TO MEETINGS Meetings to be held The Auckland Council must hold the meetings that are necessary for the good government of its [ district]. [cl. 19(1), Schedule 7, LGA] Right to attend meetings A member of the [Local Board] has, unless lawfully excluded, the right to attend any meeting of the [Local Board] or its committees. [cl. 19(2), Schedule 7, LGA] 12 P age

23 Calling, public notification and conduct of meetings A meeting of the [Local Board] or its committees must be called and conducted in accordance with [Schedule 7 of the Local Government Act]; and Part VII of the Local Government Official Information and Meetings Act 1987; and the standing orders of the [Local Board]. [cl.19(3), Schedule 7, LGA] Agenda or order paper to be sent to members In the case of each meeting to which Standing Order applies, an agenda detailing the business to be brought before that meeting together with relevant attachments must be sent to every member not less than two clear working days before the day appointed for the meeting (in the case of extraordinary meetings ci applies) Delivery of material to members Material relating to meetings (including advice of meetings, agenda and order papers) or other council business may be distributed to members by electronic means if the member has previously agreed to that method of delivery Meetings not invalid because notice not received A meeting is not invalid if notice of that meeting was not received, or not received in due time, by a member unless it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and the member concerned did not attend the meeting A member may waive any requirement regarding the giving of notice of a meeting to that member. [ci. 20(1) (2) Schedule 7, LGA} Minutes of proceedings The [Local Board and its committees] must keep minutes of their proceedings. Minutes of proceedings duly entered and authenticated as prescribed by the [Local Board or committee] are prima facie evidence of those proceedings. [cl. 28(1) and (2), Schedule 7, LGA] Members Attendance at all committee meetings (1) Except when a committee is performing any judicial or quasi-judicial function, any member of the Local Board may attend any meeting of any committee, and may put a question to the chairperson to elicit information and may take part in the discussion of the committee meeting. (2) A member of the Local Board who is not a member of the committee may not vote on any matter before the committee. (3) When a committee is performing any judicial or quasi-judicial function, a member of the Local Board who is not a member of the committee shall not be entitled to take any part in the proceedings by virtue of his or her office. 13 P age

24 (4) While a committee is deliberating its decision on any matter in the performance of any judicial or quasi-judicial function, no member of the Local Board shall be entitled to be present unless such member is a member of the committee, and unless, where the committee is conducting an oral hearing of the matter on which it is deliberating, the member was present throughout the course of that hearing NOTIFICATION OF MEETINGS TO MEMBERS Period for notice in writing The Chief Executive must give notice in writing to each member of the time and place of [a] meeting not less than 14 days before the meeting; or if the [Local Board or a committee] has adopted a schedule of meetings not less than 14 days before the first meeting on the schedule. [ci. 19(5), Schedule 7, LGA] Schedule of meetings If the [Local Board or a committee] adopts a schedule of meetings, the schedule may cover any future period that the [Local Board or committee] considers appropriate and may be amended; and notification of the schedule or any amendment to that schedule constitutes a notification of every meeting on the schedule or amendment. [ci. 19(6), Schedule 7, LGA] Cancellation of scheduled meetings If it is necessary to cancel a scheduled meeting, all reasonable effort shall be taken to notify elected members and the public as soon as practicable of the cancellation and of the reasons for the cancellation. A scheduled meeting shall be cancelled by the chairperson of the Local Board or committee in consultation with the Chief Executive or his or her nominee EXTRAORDINARY MEETINGS Extraordinary meetings may be called If a resolution or requisition specifies the time and place at which the meeting is to be held and the general nature of the business to be brought before the meeting a meeting may be called by a resolution of the [Local Board committee of the Local Board] or a requisition in writing delivered to the Chief Executive and signed by (i) the chairperson; or 14 P age

25 (ii) not less than one third of the total membership of the [Local Board] (including vacancies) or the appropriate committee. [ci. 22(1), Schedule 7, LGA] Notification of extraordinary meetings to members Notice in writing of the time and place of the meeting called under [Standing Order ] and of the general nature of business must be given by the Chief Executive to each member at least 3 working days before the day appointed for the meeting or if the meeting is called by a resolution, within such lesser period of notice that is specified in the resolution being not less than 24 hours. [ci. 22(3), Schedule 7, LGA] Calling of extraordinary meetings at earlier time If the business to be dealt with requires a meeting to be held at a time earlier than is allowed by the notice requirements specified [in Standing Order ] a meeting may be called by the chairperson, or if the chairperson is unavailable, the Chief Executive. [ci. 22(2), Schedule 7, LGA] Notification of extraordinary meetings held at earlier time Notice of the time and place of a meeting called under [Standing Order ] and of the matters in respect of which the meeting is being called must be given by the person calling the meeting or by another person on that person s behalf, by whatever means is reasonable in the circumstances, to each member of the [Local Board or the committee] and to the Chief Executive at least 24 hours before the time appointed for the meeting. [ci. 22(4), Schedule 7, LGA] Public notice of resolutions of extraordinary meetings The Council must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the [Local Board or a committee] unless the resolution was passed at a meeting or part of a meeting from which the public was excluded; or the extraordinary meeting was publicly notified at least five working days before the day on which the meeting was held. For the purposes of this Standing Order, resolution means the resolution on the matter or matters for which the extraordinary meeting was held. [s51a, LGOIMA] WORKSHOPS Authority to call a workshop Workshops of the Local Board or its committees may only be called with the prior written approval of the Chief Executive in the case of either a workshop of council or a committee, or the relevant committee chairperson in the event of a workshop of a committee. 15 P age

26 Notice of workshop to members Notice of the time and place of the workshop and of the matters in respect of which the workshop is being called shall be given, by whatever means is reasonable in the circumstances, to every member by the Chief Executive [or his or her nominee] at least 24 hours before the time appointed for the workshop Chairing of workshops Each workshop shall have a chairperson as follows: (i) (ii) in the event of a workshop of the Local Board the chairperson shall preside; and in the event of a workshop of a committee, the relevant committee chairperson shall preside Record of workshop meetings The proceedings of every workshop shall be recorded, including the following: (i) (ii) (iii) the names of the members attending; the nature of the matters discussed during the workshop; and the proceedings of the workshop. The proceedings of every workshop shall be circulated to members and considered at the next meeting of the Local Board or committee, and, if approved by that meeting, or when amended as directed by that meeting, shall be signed by the chairperson of the Local Board or relevant committee chairperson Workshops exempt from provisions of Part VII (Local Government Meetings) of the Local Government Official Information and Meetings Act 1987 The provisions of those clauses within Standing Order 2.12 do not apply to workshops of Local Boards or its committees as these are held solely for information and discussion purposes with no ability for any resolutions or decisions to be made. [s45(2) of LGOIMA (which is included in Part VII of that Act) states:] For the avoidance of doubt, it is hereby declared that any meeting of the Local Board or of any committee or sub-committee of the Local Board, at which no resolutions or decisions are made is not a meeting for the purposes of this Part of this Act. Given that workshops will not make any resolutions or decisions they are not subject to the requirements contained in Part VII of LGOIMA (e.g. public access to the meetings, availability of agenda material to the public and notification of meetings etc). 16 P age

27 2.16. PUBLIC AT MEETINGS, ACCESS TO AGENDAS ETC Meetings normally to be open to the public Except as otherwise provided by [Part VII of the Local Government Official Information and Meetings Act] every meeting of the [Local Board or its committees] shall be open to the public. For the purposes of [Part VII of the Local Government Official Information and Meetings Act] bona fide members of the news media shall be deemed to be members of the public, and shall be entitled to attend any meeting or any part of a meeting for the purpose of reporting the proceedings for any news media. [s47 & 49 LGOIMA] Information to be available to public All information provided to members at [Local Board] and committee meetings must be available to the public and news media unless any item included in the agenda refers to any matter reasonably expected to be discussed with the public excluded. [s5 & 49 LGOIMA] Public notification about 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. Where any meeting is to be held on or after the 21st day of the month such meetings may instead be publicly notified not more than 10 nor less than 5 working days before the day on which the meeting is to be held. [s46, LGOIMA] Public notification about extraordinary meetings Where any extraordinary meeting of the [Local Board or a committee] is called and notice of that meeting cannot be given in the manner required or permitted by [Standing Order as appropriate], the Auckland Council shall cause that meeting and the general nature of business to be transacted at that meeting to be publicly notified or otherwise advertised as soon as practicable before the meeting is to be held as is reasonable in the circumstances. [s46(3) & (4) LGOIMA] Public notification additional requirements The Chief Executive is to make any other arrangement for the notification of meetings including extraordinary meetings as the Local Board or the relevant committee may from time to time determine Meetings not invalid because not publicly notified No meeting [is] invalid merely because that meeting was not publicly notified in accordance with [Standing Orders ]. [s46(5) LGOIMA} 17 P age

28 Public notice of meetings not notified Where the [Local Board or committee] becomes aware that any meeting of the [Local Board or committee] has not been publicly notified in accordance with [Standing Orders ], the [Auckland Council] shall, as soon as practicable, give public notice that that meeting was not so notified, and shall, in that notice, state the general nature of the business transacted at that meeting; and give the reasons why that meeting was not so notified. [s46(6), LGOIMA] Public notice of resolutions of extraordinary meetings Where any resolution is passed at an extraordinary meeting of the [Local Board] or committee, the Auckland Council must cause the resolution to be publicly notified as soon as practicable, unless the resolution was passed at a meeting or part of a meeting from which the public was excluded. [s51a LGOIMA] Availability of agendas and reports Any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least two working days before every meeting, all agendas and associated reports circulated to members and relating to that meeting. The agendas shall be available for inspection at the public offices of the [Auckland Counci] (including service delivery centres) and the public libraries under the Auckland Council s control and shall be accompanied by either (i) (ii) the associated reports, or a notice specifying the places at which the associated reports may be inspected. The associated reports shall be available for inspection at the public offices of the [Auckland Council]. Any member of the public may take notes from any agenda or report inspected by that member of the public. Every member of the public who inspects an agenda or report made available and who requests a copy of any part of any such agenda or report and tenders the prescribed amount (if any) shall be given such a copy as soon as practicable. Where a meeting is an extraordinary meeting called pursuant to a resolution of the [Local Board or committee], the agenda and any associated reports shall be made available as soon as is reasonable in the circumstances. [s46a(1 ) (6) LGOIMA] Exclusion from reports to be discussed with public excluded The Chief Executive may exclude from the reports made available reports or items from reports that are reasonably expected to be discussed with the public excluded. These items are to be indicated on each agenda. 18 P age