Code of Conduct
for Elected
Members
WELLINGTON CITY COUNCIL – October 2015
Introduction
All councils are required to have a code of
This code does not apply to members of
The code of conduct that follows is based on the following general principles
conduct under the Local Government Act
Community Boards.
of good governance:
2002, Schedule 7, Clause 15.
The objective of the code is to enhance:
This code of conduct provides guidance
Public interest
Personal judgment
on the standards of behaviour that are
• the effectiveness of the council as
Members should serve only the interests
Members can and will take account of the
expected from the Mayor and elected
the autonomous local authority with
of the city as a whole and should never
views of others, but should reach their own
members of the Wellington City Council.
statutory responsibilities for the good
improperly confer an advantage or
conclusions on the issues before them, and
The code applies to elected members in
local government of Wellington City
disadvantage on any one person, or group
act in accordance with those conclusions.
their dealings with:
• the credibility and accountability of the
of persons.
• each other
council within its community
Respect for others
Honesty and integrity
• the Chief Executive
• mutual trust, respect and tolerance
• Elected members should remember
between the elected members as
Members should not place themselves in
the respect and dignity of their office
• all staff employed by the Chief
a group and between the elected
situations where their honesty and integrity
in their dealings with each other,
Executive on behalf of the council
members and management.
may be questioned, should not behave
management and the public.
• the media
improperly and should on all occasions
avoid the appearance of such behaviour.
• Members should treat people with
• the general public.
respect, regardless of their race, age,
religion, gender, sexual orientation, or
Objectivity
disability, and should not unlawfully
• Members should make decisions on
discriminate against any person or
merit including making appointments,
group of persons.
awarding contracts, or recommending
individuals for rewards or benefits.
Duty to uphold the law
• Members should also note that, once
Members should uphold the law, and on all
elected, their duty is to the interests of
occasions, act in accordance with the trust
the entire city.
the public places in them.
Accountability
Stewardship
Members should be accountable to the
Members must ensure that the council
public for their actions and the manner in
uses resources prudently and for lawful
which they carry out their responsibilities,
purposes, and that the council maintains
and should cooperate fully and honestly
sufficient resources to meet its statutory
with the scrutiny appropriate to their
obligations.
particular office.
Leadership
Openness
Members should promote and support these
Members should be as open as possible about proposals by example, and should always
their actions and those of the council, and
endeavour to act in the best interests of the
should be prepared to justify their actions.
community.
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1
Mayor
Deputy Mayor
The Mayor is elected by the district as a
If the Mayor has not appointed the Deputy
Roles and
whole and as one of the elected members
Mayor as noted above, then the Deputy
shares the same responsibilities as other
Mayor must be elected by the members of
members of council. The Mayor also has the
council, at the first meeting of the council.
following roles:
The Deputy Mayor exercises the same roles
Responsibilities
as other elected members, and if the Mayor
• presiding at council meetings. The Mayor is absent or incapacitated, the Deputy Mayor
is responsible for ensuring the orderly
must perform all of the responsibilities and
conduct of business during meetings (as
duties, and may exercise the powers, of the
determined by Standing Orders)
Mayor (as summarised above). The Deputy
• advocating on behalf of the community.
Mayor may be removed from office by
This role may involve promoting
resolution of council.
the community and representing its
interests. Such advocacy will be most
Committee Chairpersons
effective where it is carried out with the
This part of the code describes the roles and responsibilities of elected
knowledge and support of the council
The council may create one or more
members, the Mayor and Deputy Mayor, and Committee Chairpersons.
committees (this includes subcommittees)
• spokesperson for the council
of council. A committee chairperson
Elected Members
Unless otherwise provided in the Local
• ceremonial head of council
presides over all meetings of the committee,
Government Act 2002 or in Wellington
ensuring that the committee acts within the
Elected members, acting as the council, are
• providing leadership and feedback to
City Council’s Standing Orders, the
powers delegated by council. Committee
responsible for governance, including:
other elected members on teamwork
council can only act by majority decisions
chairpersons may be called on to act as
and chairing of committees
official spokespersons on issues within the
• the development and adoption of
at meetings. Any individual member
terms of reference for their committees.
council policy
(including the Mayor) has no authority
• fulfilling the responsibilities of a Justice
to act on behalf of the council unless
of the Peace (while the Mayor holds office)
Chairpersons may be removed from
• monitoring the performance of the
provided for by statute or the council has
office by resolution of council. Council
council against its stated objectives and
• lead the development of the council’s
expressly delegated such authority.
may also appoint deputy chairpersons of
policies
plans (including long-term plan and
committees, who shall fulfil the functions
Elected members are expected to attend
annual plan), policies and budgets
of the chair when the chairperson is absent.
• prudent stewardship of council resources
the meetings (ordinary and extraordinary)
for consideration by members of the
Elected members are also responsible for
of Council, as well as the committees and
territorial authority
representing the interests of the residents
subcommittees, working parties, and
• appoint the Deputy Mayor
and ratepayers of the city.
external organisations to which they are
appointed. An elected member, unable to
• establish committees of the council
attend a meeting, should advise the Chair
and appoint the chairperson of each
or Chief Executive as soon as possible.
committee established.
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2
Relationships
• raise concerns about employees only
• no other member may comment on
with the Chief Executive, and concerns
behalf of council without having first
about the Chief Executive only with
obtained the approval of the Mayor, or in
the Mayor or the Performance Review
the Mayor’s absence, the Deputy Mayor
and Behaviours
Subcommittee
• Elected members are free to express
• not seek to improperly influence staff in
a personal view in the media, at any
the normal undertaking of their duties.
time. When doing so, they should
observe the following:
Elected members should be aware that failure
to observe this portion of the code of conduct
– media comments must not state or
may compromise the council’s obligations to
imply that they represent the views
act as a good employer and may expose the
of council
council to civil litigation and audit sanctions.
– where an elected member is making
a statement that is contrary to a
Relationships with the Community
council decision or council policy,
the member must not state or imply
Relationships with other Members
Chief Executive or his or her delegated
Effective council decision-making depends
that his or her statements represent
appointee may hire, dismiss or instruct,
on productive relationships between elected
Elected members will conduct their
a majority view
or censure an employee
members and the community at large.
dealings with each other in ways that:
– media comments must observe
• make themselves aware of the
Members should ensure that individual
• maintain public confidence in the office
the other requirements of the
obligations that the council and the
citizens are accorded respect in their
to which they have been elected
code of conduct, eg not disclose
Chief Executive have as employers and
dealings with the council, have their
concerns listened to, and deliberated on in
confidential information.
• are open and honest
observe those requirements at all times
accordance with the requirements of the
• focus on issues rather than personalities
• treat all employees with courtesy and
Local Government Act 2002.
Confidential Information
respect (including the avoidance of
• avoid aggressive, offensive or abusive
In the course of their duties members
aggressive, offensive or abusive conduct
Members should act in a manner that
conduct.
will receive information that they need
towards employees)
encourages and values community
involvement in local democracy.
to treat as confidential. Confidential
Relationships with Chief Executive
• observe any guidelines that the Chief
information includes information that
and Staff
Executive puts in place regarding
Contact with the Media
officers have judged there is good reason
contact with employees
to withhold under sections 6 and 7 of the
The effective performance of council
The following rules apply for media contact
Local Government Official Information
also requires a high level of cooperation
• not do anything which compromises,
on behalf of council:
and Meetings Act 1987. This will often be
and mutual respect between elected
or could be seen as compromising, the
• the Mayor (or in the Mayor’s absence,
information that is either commercially
members and staff. To ensure that level
impartiality of an employee
the Deputy Mayor) is the first point
sensitive or is personal to a particular
of cooperation and trust is maintained,
• avoid publicly criticising any employee
of contact for the official view on any
individual or organisation.
elected members will:
in any way, but especially in ways that
issue. Usually, a matter will be referred
• recognise that the Chief Executive is the
reflect on the competence and integrity
to the relevant committee chairperson
employer (on behalf of council) of all
of the employee
for their comment
council employees, and as such only the
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The Chief Executive is responsible for
Ethics
release of this information under the Local
Government Official Information and
Wellington City Council seeks to promote
Meetings Act 1987.
the highest standards of ethical conduct
amongst its elected members. Accordingly,
Elected members should be aware that
elected members will:
failure to observe confidentiality will impede
the performance of council by inhibiting
• claim only for legitimate expenses as
information flows and undermining public
laid down by any determination of
confidence in the council. Failure to observe
the Remuneration Authority then in
these provisions may also expose council to
force, and any lawful policy of council
prosecution under the Privacy Act 1993 and/
developed in accordance with that
or civil litigation.
determination
• not influence, or attempt to influence,
Conflicts of Interest
any council employee to take actions
that may benefit the member, or the
Elected members shall ensure they comply
member’s family or business interests
with the provisions of the Local Authorities
(Members’ Interests) Act 1968, which
• not use council resources for personal
covers financial interests, and with other
business (including campaigning)
requirements relating to non-pecuniary
• not abuse the advantages of their
conflicts of interest. Members should
official position for personal gain, or
ensure they are familiar with the guidance
solicit or accept gifts, entertainment,
contained in the Council publication
rewards or benefits that might
Conflict of Interest Guidelines.
compromise their integrity.
Members shall, within 30 days of a request
by the Chief Executive, or following the
Bankruptcy
triennial election, complete a declaration of
interests. That declaration shall be updated
Elected members who are declared bankrupt
whenever members’ interests change.
shall notify the Chief Executive as soon as
practicable after being declared bankrupt.
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This will include ensuring that members
Review
named in an allegation are given an
opportunity to consider and respond to that
Once adopted, a code of conduct continues
Compliance
allegation. If, following the opportunity to
in force until amended by the council.
respond to the allegation, it is considered
The code can be amended at any time
that an allegation of a breach of the code
but cannot be revoked unless the council
is well-founded, the Mayor shall inform
replaces it with another code. Once adopted,
and Review
the member concerned and take any
amendments to the code of the conduct,
appropriate lawful action, such as censure.
or the adoption of a new code, require a
resolution supported by 75 per cent or more
Any alleged breach by the Mayor shall be
of the members of the council present.
reported in a timely manner to the Chief
Executive, who shall consider and deal
Council will formally review the code as
with the allegation, seeking advice as
soon as practicable after the beginning of
appropriate. The Chief Executive shall
each triennium. The results of that review
consider each allegation in a manner that is
will be presented to council for their
fair to all parties involved in the allegation,
consideration and vote.
Compliance
by the Auditor-General under the Local
including ensuring that due process is
Authorities (Member’s Interests) Act 1968
respected. This will include ensuring
Elected members must comply with
that the Mayor is given an opportunity to
the provisions of this code of conduct.
• breaches which result in the council
consider and respond to that allegation.
Members are also bound by the Local
suffering financial loss or damage may
Government Act 2002, the Local Authorities
be reported on by the Auditor-General
If an alleged breach is considered to be of
(Members’ Interests) Act 1968, the Local
under the Local Government Act 2002,
a serious enough nature, or if there is an
Government Official Information and
which may result in the member having
allegation of repeated breaches of the code,
Meetings Act 1987, the Secret Commissions
to make good the loss or damage
the Mayor (or in the case of an alleged breach
Act 1910, the Crimes Act 1961 and the
by the Mayor, the Chief Executive) may
Securities Act 1978. The Chief Executive
• breaches relating to the commission of
instead refer the matter to council. Council
will ensure that an explanation of these
a criminal offence may leave the elected
will be asked to consider and determine
Acts is made at the first meeting after
member liable for criminal prosecution.
whether a breach of the code has occurred
each triennial election and that copies of
and, if so, what consequences for the elected
these Acts are freely available to elected
Breaches of non-statutory provisions
member should arise from that breach.
members. Short explanations of the
In completing a report to Council, fairness
Any alleged breach by a member of the
obligations that each of these Acts has with
to all parties involved, and due process,
provisions of the code for which there is not
respect to conduct of elected members is
will be respected, including ensuring the
a process and penalty provided elsewhere
attached in Appendix 1 to this code.
member named in the allegation is advised
shall be reported in a timely manner
of the allegation and given an opportunity
to the Mayor in the first instance. The
to consider and respond to it before the
Breaches of statutory provisions
Mayor, in concert with the Chief Executive
matter is considered by council. Council’s
Where there are statutory provisions:
(where appropriate), shall consider each
consideration of the matter will comply
allegation in a manner that is fair to all
with statutory requirements relating
• breaches relating to members’ interests
parties involved in the allegation, including
to matters such personal privacy, or
render members liable for prosecution
ensuring that due process is respected.
confidentiality of information.
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Local Government Official Information
These offences are punishable by a term of
and Meetings Act 1987
imprisonment of 7 years or more. Elected
members convicted of these offences will
Appendix
The Local Government Official Information
also be automatically ousted from office.
and Meetings Act 1987 sets out a list of
meetings procedures and requirements.
Of particular importance for the roles and
Securities Act 1978
conduct of elected members is the fact that
The Securities Act 1978 essentially places
the chair has the responsibility to maintain
elected members in the same position
order at meetings.
as company directors whenever council
offers stock to the public. Elected members
Secret Commissions Act 1910
may be personally liable if investment
documents such as a prospectus contain
Under this Act it is unlawful for an elected
untrue statements and may be liable for
member (or officer) to advise anyone to
criminal prosecution if the requirements of
enter into a contract with a third person
the Act are not met.
and receive a gift or reward from that
Legislation Bearing on the Role and
discussion or voting on any matter in which
third person as a result, or to present false
Conduct of Elected Members
they have a pecuniary interest, other than
receipts to council.
an interest in common with the general
This is a summary of the legislation
If convicted of any offence under this
public. The same rules also apply where
requirements that has some bearing on the
Act a person can be imprisoned for up to
the member’s spouse contracts with the
duties and conduct of elected members.
2 years, or fines up to $1000, or both. A
authority or has a pecuniary interest.
Copies of these statutes can be found in
conviction therefore would trigger the
the council library or in the office of the
Members may also contact the Audit
ouster provisions of the Local Government
Chief Executive.
Office for guidance as to whether that
Act 2002 and result in the removal of the
member has a pecuniary interest, and
member from office.
Local Authorities (Members’ Interests)
if so, may seek an exemption to allow
Act 1968
that member to participate or vote on a
Crimes Act 1961
particular issue in which they may have a
This Act regulates situations where a
pecuniary interest. The latter must be done
Under this Act it is unlawful for an elected
member’s personal interests impinge, or
before the discussion or vote. The Chief
member (or officer) to:
could be seen as impinging on their duties
Executive must also seek approval from the
• accept or solicit for themselves (or
as an elected member.
Audit Office for contractual payments to
anyone else) any gift or reward for
The Act provides that an elected member is
members, their spouses or their companies
acting or not acting in relation to the
disqualified from office if that member is
that exceed the $25,000 annual limit.
business of council
concerned or interested in contracts under
Failure to observe these requirements
• use information gained in the course
which payments made by or on behalf of
could also leave the elected member open
of their duties for their, or another
the local authority exceed $25,000 in any
to prosecution under the Local Authorities
persons, monetary gain or advantage.
financial year.
(Members’ Interests) Act 1968. In the event
Additionally, elected members are
of a conviction elected members can be
prohibited from participating in any council ousted from office.
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