Standing Orders Effective from 27 March 2014 Hamilton City Council Standing Orders 1
FOREWORD The Standing Orders reflect legislative requirements relating to the conduct of Council meetings, particularly the provisions of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987, including amendments. COPYRIGHT The copyright of this document is the property of the Hamilton City Council. The content in this document included and/or has been derived from NZS 9202:2003 Model Standing Orders for Meetings of Local Authorities and Community Boards with the permission of Standards New Zealand. Hamilton City Council has made every reasonable effort to provide accurate information in this document. However, Hamilton City Council does not present this information as advice and does not accept the responsibility for actions taken based on reading it. You may reproduce, store and use the content of this document for personal, informational and non-commercial purposes only. Except as stated in the above paragraph, no portion of the content of this document, or the Hamilton City Council logo, may be copied or used without the written permission of the Hamilton City Council. All enquires about or formal requests for information in terms of the Local Government Official Information and Meetings Act 1987 should be in writing to: The Democracy Manager Hamilton City Council Private Bag 3010 Hamilton 3240 Hamilton City Council Standing Orders 2
These Standing Orders were adopted by Hamilton City Council at a meeting held on 27 February 2014, and apply to all meetings of this Council, its Committees and Subcommittees and is effective from 27 March 2014. Model Standing Orders for Meeting of Local Authorities. Based on the Standards New Zealand s Model Standing Orders NZS 9202:2003 Issued to assist those local authorities required to comply with Part 4 and Schedule 7 of the Local Government Act 2002 and Part VII of the Local Government Official Information and Meetings Act 1987. Hamilton City Council Standing Orders 3
CONTENTS FOREWORD... 2 COPYRIGHT... 2 PART 1 GENERAL... 12 1.1 INTRODUCTION... 12 1.2 INTERPRETATION... 13 1.3 DEFINITIONS... 13 PART 2 CONSTITUTION AND LEGISLATIVE MATTERS... 16 2.1 STANDING ORDERS... 16 2.1.1 Requirement for adoption of Standing Orders:... 16 2.1.2 Alteration of Standing Orders:... 16 2.1.3 Temporary suspension of Standing Orders:... 16 2.1.4 All members to abide by Standing Orders:... 16 2.1.5 Addition or substitution of meeting procedures for quasi-judicial proceedings... 16 2.1.6 Exclusions for meetings at which no resolutions or decisions are made.. 17 2.2 FIRST MEETING OF THE COUNCIL FOLLOWING ELECTION... 17 2.2.1 Chief Executive to call meeting... 17 2.2.2 Business to be conducted at first meeting... 17 2.2.3 Members to provide contact and delivery details... 18 2.3 CHAIRPERSON OF MEETINGS... 18 2.3.1 Mayor to preside at Council meetings... 18 2.3.2 Chairperson to preside at Committee meetings... 18 2.4 QUORUM AT MEETINGS... 19 2.4.1 Requirement for a quorum... 19 2.4.2 Quorum to be present for whole meeting... 19 2.4.3 Definition of quorum for Council meetings... 19 2.4.4 Minimum quorum for committee and Subcommittee meetings... 19 2.5 VOTING AT MEETINGS... 20 2.5.1 Acts and decisions of the Council, committees and Subcommittees by majority vote at meetings... 20 2.6 MAYOR RESPONSIBLE FOR APPOINTING THE DEPUTY MAYOR, POWER TO REMOVE DEPUTY MAYOR AND VOTING SYSTEMS FOR CERTAIN APPOINTMENTS INCLUDING THE DEPUTY MAYOR, COMMITTEE CHAIRPERSONS AND DEPUTY CHAIRPERSONS OF COMMITTEES... 21 2.6.1 Appointment of Deputy Mayor by Mayor... 21 2.6.2 Mayor declines to exercise powers in 2.6.1... 21 Hamilton City Council Standing Orders 4
2.6.3 Power to remove Deputy Mayor... 21 2.6.4 Voting systems for certain appointments including Deputy Mayor... 22 2.6.5 Voting systems for election or appointment of Deputy Mayor, Chairpersons and Deputy Chairpersons this becomes 2.6.5... 22 2.7 MAYOR RESPONSIBLE FOR ESTABLISHING COMMITTEES AND LOCAL AUTHORITY ABLE TO DISCHARGE OR RECONSTITUTE OR ADD COMMITTEES ESTABLISHED BY THE MAYOR... 23 2.7.1 Appointment of Committees by Mayor... 23 2.7.2 Council may discharge or reconstitute or add Committees established by Mayor... 23 2.7.3 Mayor declines to exercise powers in 2.7.1... 24 2.7.4 Appointment of Committees, Subcommittees and other subordinate decision-making bodies... 24 2.7.5 Discharge or reconstitution of subordinate decision-making bodies... 24 2.7.6 Committees and subordinate decision-making bodies subject to direction of the local authority... 24 2.8 JOINT COMMITTEES... 25 2.8.1 Appointment of Joint Committees... 25 2.8.2 Status of Joint Committees... 25 2.8.3 Responsibilities and powers of Joint Committees... 25 2.8.4 Application to a public body that is not a local authority... 25 2.9 MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES... 26 2.9.1 Appointment of Committee Chairperson by Mayor... 26 2.9.2 Mayor declines to exercise powers in 2.9.1... 26 2.9.3 Power to remove a Committee Chairperson appointed by the Mayor... 26 2.9.4 Appointment or discharge of members of Committees and Subcommittees... 26 2.9.5 Elected members and non-elected members on Committees and Subcommittees... 26 2.9.6 Local authority may replace members if Committee not discharged... 27 2.9.7 Minimum numbers on Committees and Subcommittees... 27 2.9.8 Mayor a member of Committees... 27 2.10 POWERS OF DELEGATION... 27 2.10.1 Delegations to Committees, Subcommittees, subordinate decision-making bodies, members and officers... 27 2.10.2 Use of delegated powers... 28 2.10.3 Delegations related to bylaws and other regulatory matters... 28 2.11 PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES... 28 2.11.1 Acts or proceedings not invalidated by vacancies or irregularities... 28 2.12 GENERAL PROVISIONS AS TO MEETINGS... 28 2.12.1 Requirement to hold meetings... 28 Hamilton City Council Standing Orders 5
2.12.2 Members right to attend meetings... 29 2.12.3 Calling, notification and conduct of meetings... 29 2.12.4 Agenda to be sent to members... 29 2.12.5 Meetings not invalid because notice not received... 29 2.12.6 Minutes of proceedings... 29 2.13 NOTIFICATION TO MEMBERS OF ORDINARY MEETINGS... 30 2.13.1 Period for written notice... 30 2.13.2 Schedule of ordinary meetings... 30 2.13.3 Cancellation or postponement of scheduled meetings... 30 2.14 EXTRAORDINARY MEETINGS... 30 2.14.1 Calling of extraordinary meetings... 30 2.14.2 Notification to members of Extraordinary Meetings... 30 2.14.3 Calling of Extraordinary Meetings at earlier time... 31 2.14.4 Notification to members of Extraordinary Meetings at earlier time... 31 2.14.5 Public Notice of Resolutions of Extraordinary Meetings... 31 2.15 PUBLIC ACCESS TO MEETINGS, AGENDAS... 31 2.15.1 Meetings normally to be open to the public... 31 2.15.2 Information to be available to the public... 32 2.15.3 Public notification of Ordinary Meetings... 32 2.15.4 Public notification of Extraordinary Meetings... 32 2.15.5 Additional requirements for Public Notification... 32 2.15.6 Meetings not invalid because not Publicly Notified... 32 2.15.7 Public Notice of Meetings not Notified... 32 2.15.8 Public availability of Agendas and Reports... 33 2.15.9 Exclusion from reports to be discussed with the public excluded... 33 2.15.10 Agenda to be made available to public who are at meetings... 33 2.15.11 List of Committee members on agenda... 33 2.15.12 Public entitled to inspect minutes... 34 2.15.13 Requests for minutes of meetings from which the public was excluded. 34 2.15.14 Minutes of last meeting before election... 34 2.16 REASONS TO EXCLUDE THE PUBLIC... 34 2.16.1 Lawful reasons to Exclude the Public... 34 2.16.2 Form of resolution to exclude the public... 34 2.16.3 Motion to exclude the public to be put with public present... 34 2.16.4 Provisions for persons to remain after the public have been excluded... 35 2.16.5 Release of Public Excluded information... 35 2.17 APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION... 35 2.17.1 Standing Orders to apply... 35 Hamilton City Council Standing Orders 6
2.18 USE OF PUBLIC EXCLUDED INFORMATION... 35 2.18.1 Public Excluded business not to be disclosed... 35 PART 3 MEETING PROCEDURES... 36 3.1 APPLICATION OF STANDING ORDERS... 36 3.2 CONDUCT OF MEETINGS... 36 3.2.1 Mode of address for Chairperson... 36 3.2.2 Chairperson to decide... 36 3.2.3 Chairperson rising... 36 3.2.4 Members to address the chair... 36 3.2.5 Priority of speakers... 36 3.2.6 Speeches in English or Maori... 36 3.2.7 Duration of meetings and time limits... 37 3.2.8 Reporting and/or recording of meetings... 37 3.3 QUORUM AT MEETINGS... 37 3.3.1 Meeting lapses if no quorum... 37 3.3.2 Minutes to record failure of quorum... 37 3.3.3 Lapsed business... 37 3.4 LEAVE OF ABSENCE AND APOLOGIES... 38 3.4.1 Tendering and recording of apologies... 38 3.4.2 Requests for and granting of leave of absence... 38 3.4.3 Apologies tendered at meetings... 38 3.4.4 Leave for attendance at conferences or training... 38 3.4.5 Absence without leave... 38 3.5 ORDER OF BUSINESS... 38 3.5.1 Adoption of Order of business... 38 3.5.2 Agenda... 38 3.5.3 Public Excluded Items... 38 3.5.4 Chairperson s report... 39 3.5.5 Chairperson s recommendation... 39 3.5.6 Items not on the agenda may be dealt with... 39 3.5.7 Minor matters not on the agenda may be discussed... 39 3.6 RULES OF DEBATE... 39 3.6.1 Questions to officers during debate... 39 3.6.2 Speaking only to relevant matters... 39 3.6.3 Reading of speeches... 40 3.6.4 Irrelevant matters or unnecessary repetition... 40 3.6.5 Time limits on speakers... 40 3.6.6 Reserving speech... 40 3.6.7 Restating of motion... 40 3.6.8 Member speaking more than once... 40 Hamilton City Council Standing Orders 7
3.6.9 Personal explanation... 40 3.6.10 Explanation of previous speech... 40 3.6.11 Taking down words... 40 3.6.12 Limitation on speakers... 41 3.6.13 When right of reply may be exercised... 41 3.6.14 Right of reply... 41 3.6.15 Restating the motion or amendment... 41 3.6.16 No speakers after reply or question has been put... 41 3.6.17 Reflections on resolutions... 42 3.7 MOTIONS AND AMENDMENTS... 42 3.7.1 Requirement for a seconder... 42 3.7.2 Motions and Amendments not seconded... 42 3.7.3 Motions in writing... 42 3.7.4 Foreshadowed motion or amendment... 42 3.7.5 Withdrawal of motions and amendments... 42 3.7.6 Motion substituted by amendment... 42 3.7.7 Amendment may be moved... 42 3.7.8 Amendments must be relevant... 43 3.7.9 Direct negatives not allowed... 43 3.7.10 Further amendments... 43 3.7.11 Amendment lost... 43 3.7.12 Amendment carried... 43 3.7.13 Motions or amendments expressed in parts... 43 3.7.14 Procedure until resolution... 43 3.8 REVOCATION OR ALTERATION OF RESOLUTIONS... 43 3.8.1 Revocation or alteration of resolutions... 43 3.8.2 Restriction on action to be taken on previous resolution... 44 3.8.3 Revocation or alteration of resolution at same meeting... 44 3.8.4 The Council may revoke or alter any previous resolution... 44 3.9 NOTICES OF MOTION... 44 3.9.1 Notices of motion to be in writing... 44 3.9.2 Refusal of notice of motion... 45 3.9.3 Mover of notice of motion... 45 3.9.4 Alteration of notice of motion... 45 3.9.5 When notices of motion lapse... 45 3.9.6 Referral of notices of motion to Committees... 45 3.10 REPEAT NOTICES OF MOTION... 45 3.10.1 First repeat where notice of motion has been rejected... 45 3.10.2 Second repeat where notice of motion rejected... 45 3.10.3 No repeats where notice of motion adopted... 46 Hamilton City Council Standing Orders 8
3.11 PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE. 46 3.11.1 Members may move procedural motions to terminate or adjourn debate 46 3.11.2 Seconder required for procedural motion:... 46 3.11.3 Further procedural motions... 46 3.11.4 Closure Motion may be accepted Chairperson... 46 3.11.5 Closure motion on amendment... 47 3.11.6 Procedural motions to terminate or adjourn debate to take precedence.. 47 3.11.7 Voting on procedural motions to terminate or adjourn debate... 47 3.11.8 Closure motion to be put if no further speaker... 47 3.11.9 Right of reply following closure motion... 47 3.12 ITEMS PREVIOUSLY ADJOURNED OR REFERRED BACK TO COMMITTEE... 47 3.12.1 Debate on items previously adjourned... 47 3.12.2 Adjourned items taken first... 47 3.12.3 Referral or referred back to Committee... 47 3.12.4 Other business not superseded... 47 3.13 POINTS OF ORDER... 47 3.13.1 Point of Order... 47 3.13.2 Members raising Points of Order... 48 3.13.3 Stating subject of Point of Order... 48 3.13.4 Discussion on Point of Order... 48 3.13.5 Precedence of Points of Order... 48 3.13.6 Points of Order during voting... 48 3.13.7 Types of Points of Order... 48 3.13.8 Contradiction not Point of Order... 48 3.13.9 Ruling of Chairperson final... 48 3.14 VOTING... 49 (See Standing Order 2.5.1)... 49 3.14.1 Decisions by majority votes... 49 3.14.2 Chairperson s voting casting vote... 49 3.14.3 Method of voting... 49 3.14.4 Division... 49 3.14.5 Second division... 49 3.14.6 Members voting... 49 3.14.7 Members votes recorded... 49 3.15 PECUNIARY AND NON-PECUNIARY INTERESTS... 50 3.15.1 Pecuniary interest... 50 3.15.2 Declaration of pecuniary interest... 50 3.15.3 Non-pecuniary conflicts of interest... 50 3.19.4 Declaration of non-pecuniary conflicts of interest... 50 3.15.5 Chairperson Declaration of interests... 50 3.15.6 Pecuniary or non-pecuniary interests a reason for leaving the room in the public excluded session... 51 Hamilton City Council Standing Orders 9
3.16 MAINTENANCE OF ORDER AT MEETINGS... 51 3.16.1 Members to be respectful... 51 3.16.2 Disorderly members to withdraw... 51 3.16.3 Retraction of, or apology for, offensive or malicious language... 51 3.16.4 Withdrawal from Meeting... 51 3.16.5 Disorder in meeting... 51 3.16.6 Adjournment of meeting following disorder... 51 3.16.7 Contempt to be recorded in the minutes... 51 3.16.8 Removal from meeting... 52 3.16.9 Chairperson may require members of the public to leave meeting... 52 3.16.10 Removal of members of the public... 52 3.17 QUALIFIED PRIVILEGE... 52 3.17.1 Qualified privilege relating to agenda and minutes... 52 3.17.2 Qualified privilege relating to oral statements... 52 3.17.3 Qualified privilege additional to any other provisions... 52 3.18 PRESENTATIONS AND PUBLIC FORUM... 53 3.18.1 Presentations... 53 3.18.2 Public Forum... 53 3.19 PETITIONS... 54 3.19.1 Petitions considered... 54 3.19.2 Form of petitions... 54 3.19.3 Petition Criteria... 54 3.19.4 Petition in English or Maori... 54 3.19.5 Petition where presented by petitioner... 54 3.19.6 Petition where presented by member... 54 3.20 MINUTES OF PROCEEDINGS... 55 3.20.1 Minutes to be evidence of proceedings... 55 3.20.2 Keeping of minutes... 55 3.20.3 No discussion on minutes... 55 Hamilton City Council Standing Orders 10
APPENDIX A... 56 GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS... 56 APPENDIX B... 58 SAMPLE RESOLUTION TO EXCLUDE THE PUBLIC... 58 APPENDIX C... 59 POWER OF THE CHAIRPERSON... 59 APPENDIX D... 64 TABLE OF PROCEDURAL MOTIONS... 64 APPENDIX E... 66 PUBLIC FORUM... 66 APPENDIX F... 67 MOTIONS AND AMENDMENTS FLOWCHART... 67 APPENDIX G... 68 ADDITIONAL PROVISIONS FOR TANGATA WHENUA... 68 REFERENCED DOCUMENTS New Zealand Legislation Commissions of Inquiry Act 1908 Crimes Act 1961 Local Authorities (Members Interests) Act 1968 Local Electoral Act 2001 Local Government Act 1974 and 2002 (LGA) Local Government Official Information and Meetings Act 1987 (LGOIMA) Marine Farming Act 1971 Resource Management Act 1991 (RMA) Secret Commissions Act 1910 Securities Act 1978 Hamilton City Council Standing Orders 11
PART 1 GENERAL 1.1 INTRODUCTION The Local Government Act 2002 (Clause 27, Schedule 7) requires local authorities to adopt a set of Standing Orders for the conduct of its meetings and those of its Committees. The Standing Orders of the Council must not contravene any provisions of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 or any other Act. This document sets out the Standing Orders for the conduct of proceedings at meetings of the Hamilton City Council, its Committees and Subcommittees, including public excluded sessions. These Standing Orders do not apply to workshops or briefings of Council, its Committees and Sub-committees, or meetings of Council working parties and advisory groups. There are three parts to this document: Part 1 is the introduction, interpretation and definition of terms Part 2 covers constitutional and legislative matters Part 3 relates to meeting procedures. Direct quotations from legislation are shown in italics with quotation marks. Some Standing Orders in Part 2 are repeated in Part 3 for ease of use. Hamilton City Council Standing Orders 12
1.2 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 an individual Standing Order reflects a legislative requirement the relevant statutory reference is stated. 1.3 DEFINITIONS In these Standing Orders, unless inconsistent with any enactment of the context: 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. Agenda means the list of items for consideration at a meeting (order paper) together with reports and other attachments relating to those items. Amendment means a motion that is seeking to amend or alter a motion. Casting vote means a vote that may be exercised by the chairperson in the event of a tied vote. Chairperson means the Mayor of Hamilton City Council or any person acting as the Mayor of Hamilton City Council and any person presiding at any meeting of a Committee or Subcommittee of Hamilton City Council. Chief Executive means the Chief Executive of the Hamilton City Council appointed under section 42 of the Local Government Act 2002, irrespective of his/her designation, and includes for the purposes of these Standing Orders any other officer authorised by the Council Clear working days means the number of working days prescribed in these Standing Orders for the giving of notice and distribution of agendas. Clear working days exclude the date of service of the notice or distribution of agenda and the date of the meeting that is the subject of that notice or agenda. Committee, in relation to the Hamilton City Council, includes: a Committee comprising all the members of the Council a Standing Committee or Special Committee appointed by the Council a Joint Committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002; and any Subcommittee of a committee described in (a), (b) or (c) above. Council means the Hamilton City Council. Hamilton City Council Standing Orders 13
Deputation means a request from any person or group to make a presentation to the Council, or any Committee. Extraordinary business item means an item that is not on the agenda for a meeting and that has not been sent to members at least two clear working days before the day appointed for the meeting. Extraordinary meeting is as defined in clause 22 of Schedule 7 of the Local Government Act 2002. Foreshadowed motion means where a member indicates his/her intention to move another motion after the motion under discussion has been disposed of. Joint committee is as defined in clause 30 of Schedule 7 of the Local Government Act 2002. Local authority means the local authority covered by these Standing Orders, being a local authority as defined in section 5 of the Local Government Act 2002. Mayor means the Mayor of the Hamilton City Council elected under the Local Electoral Act 2001 Meeting means any first, Ordinary or Extraordinary meeting of the Council and any meeting of any Committee, Standing Committee, Joint Committee, Special Committee or Subcommittee of the Council. At any meeting of the Council, or of any Council Committee or Subcommittee, at which no resolutions or decisions are made, the provisions of these Standing Orders regarding public access and notification need not apply. Member means any person elected or appointed to Council, or to any Committee or Subcommittee of the local authority, and includes the Mayor of the Council, or of any Committee or Subcommittee of the Council. Minutes means the record of the proceedings of any meeting of the Council and its Committees and Subcommittees. Motion means a formal proposal to a meeting and in most cases requires a mover and seconder. Mover means the member who initiates a motion. Notice of motion means a motion of which written notice has been given by a member/s in terms of the relevant Standing Order/s. Ordinary meeting means any meeting publicly notified by the Council in accordance with sections 46(1) and (2) of the Local Government Official Information and Meetings Act 1987. Point of order is taken when a member officially draws the attention of the chairman of the meeting to an alleged irregularity in the proceedings. Procedural motion means a motion that is used to control the way in which a motion or the meeting is handled. Hamilton City Council Standing Orders 14
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. Public excluded session refers to those meetings or parts of meetings from which the public is excluded by the local authority as provided for in the Local Government Official Information and Meetings Act 1987. Publicly notified means notified to members of the public by notice contained in some newspaper circulating in Hamilton City. Put to the vote means the act of the Chairperson of a meeting in asking the meeting to vote on a motion or amendment. Quorum means the minimum number of members needing to be present to constitute a valid meeting. Resolution means a motion that has been voted on and adopted by the meeting. Right of reply may be exercised by the mover of a motion to sum up the debate and reply to those who have spoken against the motion. No new material may be raised during the right of reply other than to respond to points made by other speakers. Seconder means the member who seconds a motion moved by its mover. A seconder may choose to speak immediately after the mover of a motion, or may reserve his or her right to speak later in the debate. Substantive motion means the main motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion that incorporates any amendments adopted by the meeting. Substantive resolution means the substantive motion that has been adopted by the meeting, or may be a restatement of a resolution that has been voted on in parts. Working day means any day of the week except: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, The Sovereign s Birthday, Labour Day, and Auckland Anniversary Day a day in the period commencing with the 25 th day of December in any year and ending with the 15 th day of January in the following year. Workshop, advisory group, working party or briefing means an informal forum held primarily for information and/or discussion purposes, and at which no resolutions or decisions are made Hamilton City Council Standing Orders 15
PART 2 CONSTITUTION AND LEGISLATIVE MATTERS 2.1 STANDING ORDERS 2.1.1 Requirement for adoption of Standing Orders: A local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees. The standing orders of a local authority must not contravene the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act. [cl. 27(1) & (2), Schedule 7 LGA] 2.1.2 Alteration of Standing Orders: After the adoption of the first standing orders of the local authority, an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present. [cl. 27(3), Schedule 7, LGA] 2.1.3 Temporary suspension of Standing Orders: A local authority or committee may temporarily suspend standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension. [cl. 27(4), Schedule 7, LGA] Note: Temporary suspension of Standing Orders does not relieve the meeting of the obligation to comply with any applicable statutory provision. 2.1.4 All members to abide by Standing Orders: A member of a local authority must abide by the standing orders adopted under clause 27 [of Schedule 7 of the Local Government Act]. [cl. 16(1), Schedule 7, LGA] 2.1.5 Addition or substitution of meeting procedures for quasi-judicial proceedings For any quasi-judicial proceedings, the Council may adopt meeting procedures and practices in addition to, or in substitution of, these Standing Orders for the conduct of the business to be transacted. For example, Committees appointed to hear applications under the Resource Management Act have powers under the Commissions of Inquiry Act 1908. [s.41, RMA] Hamilton City Council Standing Orders 16
2.1.6 Exclusions for meetings at which no resolutions or decisions are made For the avoidance of doubt, any provision of these Standing Orders relating to the making of decisions and the passing of resolutions does not apply to any meeting of the Council or of any other subordinate decision-making body of the Council which has been properly constituted as a meeting at which no resolutions or decisions are to be made under the Local Government Act 2002 or the Local Government Official Information and Meetings Act 1987. 2.2 FIRST MEETING OF THE COUNCIL FOLLOWING ELECTION 2.2.1 Chief Executive to call meeting The first meeting of a local authority following a triennial general election of members must be called by the chief executive as soon as practicable after the results of the election are known. The chief executive must give the persons elected to the local authority not less than 7 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 mayor or chairperson has made and attested the declaration required under clause 14 [of Schedule 7 of the Local Government Act]. [cl. 21(1) (4), Schedule 7, LGA] 2.2.2 Business to be conducted at first meeting The business that must be conducted at the meeting must include a) the making and attesting of the declarations required of the mayor and members under clause 14 [of Schedule 7 of the Local Government Act]; b) c) a general explanation, given or arranged by the chief executive, of (i) (ii) the Local Government Official Information and Meetings Act 1987; 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 Securities Act 1978; 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 appointment of the Deputy Mayor by the Mayor under section 41A (3)(a) of the Local Government Act 2002 OR, if the Mayor declines to use these powers, the election of the Deputy Mayor in accordance with clause 17 [of Schedule 7 of the Local Government Act]. Hamilton City Council Standing Orders 17
[cl. 21(5), Schedule 7, LGA] [Section 41A (3)(a) LGA] [cl. 17, Schedule 7, LGA] Note: i) To avoid doubt, Clause 17(1) of Schedule 7 LGA does not apply to the election of a Deputy Mayor of a Council unless the Mayor of the Council declines to exercise the power to appoint under section 41A(3)(a) of the LGA. [section 41A(7) LGA] ii) Nothing limits or prevents a Council from removing, in accordance with clause 18 [of Schedule 7 of the Local Government Act] a Deputy Mayor appointed by the Mayor under section 41A(3)(a) LGA. (see Standing Order 2.6.3) [section 41A(4)(a) LGA] 2.2.3 Members to provide contact and delivery details Every member must give to the Chief Executive a residential or business address together with, if desired, an email or other address within Hamilton City to which notices and material relating to meetings and the Council s business may be sent or delivered. 2.3 CHAIRPERSON OF MEETINGS 2.3.1 Mayor to preside at Council meetings The mayor or chairperson of the local authority must preside at each meeting of the local authority at which he or she is present unless the mayor or chairperson vacates the chair for a particular meeting If the mayor or chairperson of a local authority is absent from a meeting, the deputy mayor or deputy chairperson (if any) of the local authority must preside However, if a deputy mayor or deputy chairperson has not been appointed, or if the deputy mayor or deputy chairperson is also absent, the members of the local authority that are present must elect 1 of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the mayor or chairperson. [cl. 26(1), (5) & (6) Schedule 7, LGA] 2.3.2 Chairperson to preside at Committee meetings 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 However, 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 1 of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties and powers of the deputy chairperson. Hamilton City Council Standing Orders 18
[cl. 26(2), (5) & (6), Schedule 7, LGA] 2.4 QUORUM AT MEETINGS 2.4.1 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] 2.4.2 Quorum to be present for whole 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] 2.4.3 Definition of quorum for Council meetings The quorum at a meeting of a) a local authority consists of (i) half of the members if the number of members (including vacancies) is even; or (ii) a majority of members if the number of members (including vacancies) is odd. [cl. 23(3), Schedule 7, LGA] 2.4.4 Minimum quorum for committee and Subcommittee meetings The quorum at a meeting of a) a Committee (i) is not fewer than 50% of the Committee (as determined by the Council or Committee that appoints the Committee); (ii) in the case of a Committee other than a Subcommittee, must include at least 1 member of the Council. [cl. 23(3), Schedule 7, LGA] (See Standing Order 3.4.4) For example: If the number of members is 16, a quorum is 8; if the number of members is 15, a quorum is 8. Hamilton City Council Standing Orders 19
2.5 VOTING AT MEETINGS 2.5.1 Acts and decisions of the Council, committees and Subcommittees by majority vote at meetings (1) The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by a) vote; and b) the majority of members that are present and voting. (2) For the purposes of 2.5.1 the Mayor or other person presiding at the meeting a) has a deliberative vote; and b) in the case of an equality of votes, does have a casting vote. (3) An act or question coming before the local authority must be done or decided by open voting. (4) Standing Order 2.5.1 apply unless the Local Government Act provides otherwise. [cl. 24, Schedule 7, LGA] Where the Council appoints to any committee any person, who, in the opinion of the Council has the skills, attributes and knowledge that will assist with the work of the committee, the local authority may specify whether or not that person has voting rights at any meeting of the committee. Where the Council has appointed to a Committee a person who is not a member of the Council, and the Council has specified that such person does not have voting rights at any meeting of the Committee, THEN in such case Standing Order 2.5.1(2) shall not apply to such person who shall have no deliberative or casting vote. Hamilton City Council Standing Orders 20
2.6 MAYOR RESPONSIBLE FOR APPOINTING THE DEPUTY MAYOR, POWER TO REMOVE DEPUTY MAYOR AND VOTING SYSTEMS FOR CERTAIN APPOINTMENTS INCLUDING THE DEPUTY MAYOR, COMMITTEE CHAIRPERSONS AND DEPUTY CHAIRPERSONS OF COMMITTEES 2.6.1 Appointment of Deputy Mayor by Mayor The Mayor has the power to appoint the Deputy Mayor. [section 41A(3) LGA] 2.6.2 Mayor declines to exercise powers in 2.6.1 The Mayor may decline to appoint the Deputy Mayor. In that case the Council must elect one of its members to be its Deputy Mayor in accordance with clause 25 [of Schedule 7 of the Local Government Act] (see standing order 2.6.5). [section 41A(7) LGA] [cl 17, Schedule 7, LGA] 2.6.3 Power to remove Deputy Mayor 1) A Council may remove its Deputy Mayor from office at a meeting called in accordance with clause 18 [of Schedule 7 of the Local Government Act]. 2) A meeting to remove a Deputy Mayor may be called by a) A resolution of the Council ; or b) A requisition in writing signed by the majority of the total membership of the Council (excluding vacancies). 3) A resolution or requisition must a) Specify the day, time and place at which the meeting is to be held and the business to be considered at that meeting; and b) Indicate whether or not, if the Deputy Mayor is removed from office, a new Deputy Mayor is to be elected at the meeting if a majority of the total membership of the Council (excluding vacancies) so resolved. 4) A resolution may not be made and a requisition may not be delivered less than 21 days before the day specified in the resolution or requisition for the meeting. 5) The Chief Executive must give each member notice in writing of the day, time, place and business of any meeting called under clause 18 [of Schedule 7 of the Local Government Act] not less than 14 days before the day specified in the resolution or requisition for the meeting. 6) A resolution removing a Deputy Mayor carries if a majority of the total membership of the Council (excluding vacancies) votes in favour of the resolution. Hamilton City Council Standing Orders 21
7) If a Deputy Mayor is removed from office at a meeting called in accordance with clause 18 [of Schedule 7 of the Local Government Act] the Council may elect a new Deputy Mayor at that meeting. [cl. 18, Schedule 7, LGA] 2.6.4 Voting systems for certain appointments including Deputy Mayor Where the Mayor declines to appoint a Deputy Mayor or Committee Chairperson or where the Council exercises the power under Standing Order 2.6.3 to remove the Deputy Mayor, or Standing Order 2.9.3 to discharge a Chairperson appointed by the Mayor, a Council or a Committee (if the Council has so directed) shall elect or appoint a Deputy Mayor or Committee Chairperson using one of the systems of voting in Standing Order 2.6.5. [cl. 25, Schedule 7, LGA] 2.6.5 Voting systems for election or appointment of Deputy Mayor, Chairpersons and Deputy Chairpersons this becomes 2.6.5 (1) This [Standing Order] applies to: a)... b) the election or appointment of the deputy mayor; and c) the election or appointment of the chairperson and deputy chairperson of a committee; and d) the election or appointment of a representative of a local authority. [cl., Schedule 21, LGA] (2) If this [standing order] applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting: a) the voting system in [2.6.5 (3)] (System A): b) the voting system in [2.6.5 (4)] (System B): (3) System A a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and b) has the following characteristics: (i) (ii) there is a first round of voting for all candidates; 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; Hamilton City Council Standing Orders 22
(iii) (iv) 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 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot. (4) System B a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and b) has the following characteristics: (i) (ii) there is only 1 round of voting; and if 2 or more candidates tie for the most votes, the tie is resolved by lot. [cl. 25, Schedule 7 LGA] 2.7 MAYOR RESPONSIBLE FOR ESTABLISHING COMMITTEES AND LOCAL AUTHORITY ABLE TO DISCHARGE OR RECONSTITUTE OR ADD COMMITTEES ESTABLISHED BY THE MAYOR 2.7.1 Appointment of Committees by Mayor The Mayor may establish Committees of the Council. [Section 41A(3)(b) LGA] 2.7.2 Council may discharge or reconstitute or add Committees established by Mayor The Council may in accordance with Clause 30 [of Schedule 7 of the Local Government Act] discharge or reconstitute a Committee established by the Mayor and may appoint 1 or more Committees in addition to any Committee established by the Mayor (see Standing Orders 2.7.4 and 2.7.5). [Section 41A(3) LGA] Hamilton City Council Standing Orders 23
2.7.3 Mayor declines to exercise powers in 2.7.1 The Mayor may decline to establish Committees. In that case the Council shall follow the procedure in clause 30 (1) and (2) [of Schedule 7 of the Local Government Act] (see Standing Order 2.7.4). [Section 41A(7) LGA] 2.7.4 Appointment of Committees, Subcommittees and other subordinate decision-making bodies A local authority may appoint the committees, subcommittees, and 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 authority. [cl. 30(1) & (2), Schedule 7, LGA] 2.7.5 Discharge or reconstitution of subordinate decision-making bodies Unless expressly provided otherwise in an Act, - a) a local authority may discharge or reconstitute a committee or subcommittee or other subordinate decision-making body; and b) a committee may discharge or reconstitute a subcommittee. A committee, subcommittee or other subordinate decision-making body is, unless the local authority resolves otherwise, deemed to be discharged on the coming into office of the members of the local authority elected or appointed at, or following, the triennial general election of members next after the appointment of the committee, subcommittee, or other subordinate decisionmaking body. [cl. 30(5) & (7), Schedule 7, LGA] 2.7.6 Committees and subordinate decision-making bodies subject to direction of the local authority A committee or other subordinate decision-making body is subject in all things to the control of the local authority, and must carry out all general and special directions of the local authority given in relation to the committee or other body or the affairs of the committee or other body. A subcommittee is subject in all things to the control of the committee that appointed it, and must carry out all general and special directions of the committee given in relation to the subcommittee or its affairs Nothing in this [standing order] entitles a local authority 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] Hamilton City Council Standing Orders 24
2.8 JOINT COMMITTEES 2.8.1 Appointment of Joint Committees A local authority may appoint a joint committee with another local authority or other public body. [cl. 30(1), Schedule 7, LGA] 2.8.2 Status of Joint Committees A joint committee is deemed to be both a committee of the local authority and a committee of the other local authority or public body. [cl. 30(8), Schedule 7, LGA] 2.8.3 Responsibilities and powers of Joint Committees This Part [1 of Schedule 7 of the Local Government Act] applies to a joint committee except that a) the powers to discharge any individual member and appoint another in his or her stead must be exercised by the local authority or public body that made the appointment; and b) the quorum at a meeting 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; and c) the committee may appoint and remove its own chairperson or deputy chairperson. [cl.30(9) Schedule 7, LGA] 2.8.4 Application to a public body that is not a local authority For the purposes of a public body that is not a local authority, Standing Orders 2.8.2 and 2.8.3 apply to the extent that they are not inconsistent with the law applicable to committees of the public body. [cl. 30 (10), Schedule 7, LGA] Hamilton City Council Standing Orders 25
2.9 MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES 2.9.1 Appointment of Committee Chairperson by Mayor The Mayor may appoint the Chairperson of each Committee he/she has established and may make the appointment before the other members of the Committee are determined and may appoint himself or herself. [section 41A(3)(c) LGA] 2.9.2 Mayor declines to exercise powers in 2.9.1 The Mayor may decline to appoint Chairpersons to Committees. In that case the procedure to appoint a Committee Chairperson in clause 25 [of Schedule 7 of the Local Government Act] shall apply (see standing order 2.6.5). [section 41A(7) LGA] [cl 25, Schedule 7, LGA] 2.9.3 Power to remove a Committee Chairperson appointed by the Mayor The Council may discharge a Chairperson appointed by the Mayor in accordance with clause 31(1) [of Schedule 7 of the Local Government Act]. Standing Order 2.9.4 shall apply to the discharge of a Committee Chairperson appointed by the Mayor. [section 41A(4)(d) LGA] [cl 31(1), Schedule 7, LGA] 2.9.4 Appointment or discharge of members of Committees and Subcommittees A local authority may appoint or discharge any member of a committee. Unless directed otherwise by the local authority, a committee may appoint or discharge any member of a subcommittee appointed by the committee. [cl. 31(1) & (2), Schedule 7, LGA] 2.9.5 Elected members and non-elected members on Committees and Subcommittees The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes or knowledge that will assist the work of the committee or subcommittee At least 1 member of a committee must be an elected member of the local authority; and an employee of a local authority acting in the course of his or her employment may not act as a member of any committee unless that committee is a subcommittee. [cl. 31(3) & (4), Schedule 7, LGA] Hamilton City Council Standing Orders 26
2.9.6 Local authority may replace members if Committee not discharged If a local authority resolves that a committee, subcommittee, or other decision-making body is not to be discharged under clause 30(7) [of Schedule 7 of the Local Government Act], the local authority may replace the members of that committee, subcommittee or other subordinate decision-making body after the next triennial general election of members. [cl. 31(5), Schedule 7, LGA] 2.9.7 Minimum numbers on Committees and Subcommittees The minimum number of members is 3 for a committee; and is 2 for a subcommittee. [cl. 31(6), Schedule 7, LGA] 2.9.8 Mayor a member of Committees The Mayor is a member of each Committee of the Council other than a quasijudicial Committee and may be appointed as a member of a quasi-judicial Committee or Subcommittee. [cl. 41A(5) LGA] [cl 30, Schedule 7, LGA] 2.10 POWERS OF DELEGATION 2.10.1 Delegations to Committees, Subcommittees, subordinate decision-making bodies, members and officers (1) Unless expressly provided otherwise in [the Local Government Act], or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority s business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except: a) the power to make a rate; or b) the power to make a bylaw; or c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or d) the power to adopt a long-term plan, annual plan, or annual report; or e) the power to appoint a chief executive; or f) the power to adopt policies required to be adopted and consulted on under [the Local Government Act] in association with the long-term plan or developed for the purpose of the local governance statement. (2) Nothing in this clause restricts the power of a local authority to Hamilton City Council Standing Orders 27
delegate to a committee or other subordinate decision-making body, or member or officer of the local authority the power to do anything precedent to the exercise by the local authority (after consultation with the committee or body or person) of any power or duty specified in [(a) (f) above]. (3) A committee or other subordinate decision-making body, or 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 local authority or by the committee or body or person that makes the original delegation. [cl. 32(1), (2) & (3), Schedule 7, LGA] 2.10.2 Use of delegated powers A committee, subcommittee, other subordinate decision-making body, or member or officer of the local authority to which or to whom any responsibilities, powers, or duties are delegated may, without confirmation by the local authority or committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them. [cl. 32(4) Schedule 7, LGA] 2.10.3 Delegations related to bylaws and other regulatory matters A local authority may delegate to any other local authority, organisation, or person the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters. [cl. 32(5) Schedule 7, LGA] 2.11 PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES 2.11.1 Acts or proceedings not invalidated by vacancies or irregularities An act or proceeding of a local authority or committee, or of a person acting as a member of a local authority or committee, is not invalidated by a vacancy in the membership of the local authority 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 authority or committee; or that that person was or is incapable of being a member. [cl. 29, Schedule 7, LGA] 2.12 GENERAL PROVISIONS AS TO MEETINGS 2.12.1 Requirement to hold meetings A local authority must hold the meetings that are necessary for the good government of its region or district. [cl. 19(1), Schedule 7, LGA] Hamilton City Council Standing Orders 28
2.12.2 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. Note: It is at the discretion of the Chairperson whether the member may participate in the discussion. [cl. 19(2), Schedule 7, LGA] 2.12.3 Calling, notification and conduct of meetings A meeting of a local authority must be called and conducted in accordance with [Schedule 7 of the Local Government Act]; and Part 7 of the Local Government Official Information and Meetings Act 1987; and the standing orders of the local authority. [cl. 19(3), Schedule 7, LGA] 2.12.4 Agenda to be sent to members In the case of each Meeting to which Standing Order 2.12.1 applies, an agenda detailing the business to be brought before that meeting, together with all relevant attachments, must be sent to every member at least 3 clear working days before the day appointed for the meeting (In the case of Extraordinary Meetings Standing Orders cl 2.14.2 applies.) 2.12.5 Meetings not invalid because notice not received A meeting of a local authority is not invalid if notice of that meeting was not received, or not received in due time, by a member of the local authority unless a) it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and b) the member concerned did not attend the meeting. A member of a local authority may waive any requirement regarding the giving of notice of a meeting to that member. [cl. 20(1), (2), Schedule 7, LGA] 2.12.6 Minutes of proceedings A local authority must keep minutes of its proceedings. Minutes of proceedings duly entered and authenticated as prescribed by the local authority are prima facie evidence of those proceedings. [cl. 28(1), (2), Schedule 7, LGA] Hamilton City Council Standing Orders 29