Code of
Conduct
for Elected
Members
Councillor induction pack 2019
Local Elections 2019
wel ington.govt.nz/elections
Haere mai
Welcome
2
Elected Members Handbook 2019
Ihirangi
Contents
Introduction 4
Roles and responsibilites
6
Relationships and behaviours
8
Compliance and review
12
Appendix 14
Introduction
4
Elected Members Handbook 2019
All councils are required to have
Public interest
Personal judgment
a code ofconduct under the Local
Members should serve only the
Members can and will take account of
Government Act 2002, Schedule 7,
interests of the city as a whole and
the views of others, but should reach
Clause 15.
should never improperly confer an
their own conclusions on the issues
This code of conduct
advantage or disadvantage on any
before them, and act in accordance
one person, or group of persons.
with those conclusions.
provides guidance on the
standards of behaviour that
Honesty and integrity
Respect for others
are expected from the Mayor Members should not place
• Elected members should
and elected members of the
themselves in situations where
remember the respect and dignity
their honesty and integrity may
of their office in their dealings
Wellington City Council.
be questioned, should not behave
with each other, management
improperly and should on all
and the public.
The code applies to elected members
occasions avoid the appearance of
in their dealings with:
• Members should treat people
such behaviour.
with respect, regardless of their
• each other
race, age, religion, gender,
• the Chief Executive
Objectivity
sexual orientation, or disability,
• all staff employed by the Chief
• Members should make decisions
and should not unlawfully
Executive on behalf of the council
on merit including making
discriminate against any person
or group of persons.
• the media
appointments, awarding contracts,
or recommending individuals for
• the general public.
rewards or benefits.
Duty to uphold the law
This code does not apply to members • Members should also note that,
Members should uphold the law,
of Community Boards.
once elected, their duty is to the
and on all occasions, act in
interests of the entire city.
accordance with the trust the
The objective of the code
public places in them.
is to enhance:
Accountability
• the effectiveness of the council as
Members should be accountable
Stewardship
the autonomous local authority
to the public for their actions and
Members must ensure that the
with statutory responsibilities
the manner in which they carry out
council uses resources prudently
for the good local government of
their responsibilities, and should
and for lawful purposes, and that
Wellington City
cooperate fully and honestly with
the council maintains sufficient
• the credibility and accountability of the scrutiny appropriate to their
resources to meet its statutory
the council within its community
particular office.
obligations.
• mutual trust, respect and tolerance
between the elected members as
Openness
Leadership
a group and between the elected
Members should be as open as
Members should promote and
members and management.
possible about their actions and
support these proposals by
The code of conduct that follows
those of the council, and should be
example, and should always
is based on the following general
prepared to justify their actions.
endeavour to act in the best
principles of good governance:
interests of the community.
Elected Members Handbook 2019
5
Roles and
responsibilities
6
Elected Members Handbook 2019
This part of the code
appointed. An elected member,
• appoint the Deputy Mayor
describes the roles and
unable to attend a meeting, should
• establish committees of
advise the Chair or Chief Executive
responsibilities of elected
the council and appoint the
as soon as possible.
chairperson of each committee
members, the Mayor
established.
and Deputy Mayor, and
Mayor
Committee Chairpersons.
The Mayor is elected by the district
Deputy Mayor
as a whole and as one of the
If the Mayor has not appointed the
elected members shares the same
Elected Members
Deputy Mayor as noted above, then
responsibilities as other members
the Deputy Mayor must be elected by
Elected members, acting as
of council. The Mayor also has the
the members of council, at the first
the council, are responsible for
following roles:
meeting of the council.
governance, including:
• presiding at council meetings. The
The Deputy Mayor exercises
• the development and adoption
Mayor is responsible for ensuring
the same roles as other elected
of council policy
the orderly conduct of business
members, and if the Mayor is
• monitoring the performance
during meetings (as determined
absent or incapacitated, the Deputy
of the council against its stated
by Standing Orders)
Mayor must perform all of the
objectives and policies
• advocating on behalf of the
responsibilities and duties, and may
• prudent stewardship of
community. This role may involve
exercise the powers, of the Mayor
council resources.
promoting the community and
(as summarised above). The Deputy
representing its interests. Such
Mayor may be removed from office
Elected members are also responsible
advocacy will be most effective
by resolution of council.
for representing the interests of the
where it is carried out with the
residents and ratepayers of the city.
knowledge and support of the
Committee Chairpersons
Unless otherwise provided in the
council.
The council may create one or
Local Government Act 2002 or in
• spokesperson for the council
more committees (this includes
Wellington City Council’s Standing
subcommittees) of council. A
Orders, the council can only act by
• ceremonial head of council
committee chairperson presides
majority decisions at meetings. Any
• providing leadership and feedback over all meetings of the committee,
individual member (including the
to other elected members on
ensuring that the committee acts
Mayor) has no authority to act on
teamwork and chairing of
within the powers delegated by
behalf of the council unless provided
committees
council. Committee chairpersons
for by statute or the council has
• fulfilling the responsibilities of
may be called on to act as official
expressly delegated such authority.
a Justice of the Peace (while the
spokespersons on issues within
Elected members are expected to
Mayor holds office)
the terms of reference for their
attend the meetings (ordinary and
• lead the development of the
committees. Chairpersons may be
extraordinary) of Council, as well as
council’s plans (including
removed from office by resolution
the committees and subcommittees,
long-term plan and annual
of council. Council may also appoint
working parties, and external
plan), policies and budgets for
deputy chairpersons of committees,
organisations to which they are
consideration by members of the
who shall fulfil the functions of the
territorial authority
chair when the chairperson is absent.
Elected Members Handbook 2019
7
Relationships
and behaviours
8
Elected Members Handbook 2019
Relationships with
Relationships with Chief
and concerns about the Chief
other Members
Executive and Staff
Executive only with the Mayor
Elected members will conduct
The effective performance of
or the Performance Review
their dealings with each other
council also requires a high level
Subcommittee
in ways that:
of cooperation and mutual respect
• not seek to improperly influence
between elected members and staff.
staff in the normal undertaking
• maintain public confidence in
To ensure that level of cooperation
of their duties. Elected members
the office to which they have
and trust is maintained, elected
should be aware that failure to
been elected
members will:
observe this portion of the code
• are open and honest
of conduct may compromise the
• focus on issues rather
• recognise that the Chief Executive
council’s obligations to act as a
than personalities
is the employer (on behalf of
good employer and may expose
council) of all council employees,
• avoid aggressive, offensive
the council to civil litigation and
and as such only the Chief
or abusive conduct.
audit sanctions.
Executive or his or her delegated
appointee may hire, dismiss or
Relationships with
instruct, or censure an employee
the Community
• make themselves aware of the
Effective council decision-making
obligations that the council and
depends on productive relationships
the Chief Executive have as
between elected members and the
employers and observe those
community at large. Members should
requirements at all times
ensure that individual citizens are
• treat all employees with courtesy
accorded respect in their dealings
and respect (including the
with the council, have their concerns
avoidance of aggressive, offensive
listened to, and deliberated on in
or abusive conduct towards
employees)
accordance with the requirements
of the Local Government Act 2002.
• observe any guidelines that the
Members should act in a manner that
Chief Executive puts in place
encourages and values community
regarding contact with employees
involvement in local democracy.
• not do anything which
compromises, or could be seen as
compromising, the impartiality of
an employee
• avoid publicly criticising any
employee in any way, but
especially in ways that reflect on
the competence and integrity of
the employee
• raise concerns about employees
only with the Chief Executive,
Elected Members Handbook 2019
9
Contact with the Media
Confidential Information
Members shall, within 30 days of
The following rules apply for media
In the course of their duties members a request by the Chief Executive,
contact on behalf of council:
will receive information that
or following the triennial election,
they need to treat as confidential.
complete a declaration of interests.
• the Mayor (or in the Mayor’s
Confidential information includes
That declaration shall be updated
absence, the Deputy Mayor) is
information that officers have
whenever members’ interests
the first point of contact for the
judged there is good reason to
change.
official view on any issue. Usually,
withhold under sections 6 and 7
a matter will be referred to the
Ethics
of the Local Government Official
relevant committee chairperson
Information and Meetings Act 1987.
Wellington City Council seeks to
for their comment
This will often be information that
promote the highest standards of
• no other member may comment
is either commercially sensitive or is
ethical conduct amongst its elected
on behalf of council without
personal to a particular individual or
members. Accordingly, elected
having first obtained the approval
organisation.
members will:
of the Mayor, or in the Mayor’s
absence, the Deputy Mayor
The Chief Executive is responsible
• claim only for legitimate expenses
as laid down by any determination
• Elected members are free to
for release of this information under
of the Remuneration Authority
express a personal view in the
the Local Government Official
then in force, and any lawful
media, at any time. When doing
Information and Meetings Act 1987.
policy of council developed
so, they should observe the
Elected members should be aware
in accordance with that
following:
that failure to observe confidentiality
will impede the performance of
determination
– media comments must not state council by inhibiting information
• not influence, or attempt to
or imply that they represent the flows and undermining public
influence, any council employee to
views of council
confidence in the council. Failure to
take actions that may benefit the
– where an elected member is
observe these provisions may also
member, or the member’s family
making a statement that is
expose council to prosecution under
or business interests
contrary to a council decision
the Privacy Act 1993 and/or civil
• not use council resources for
or council policy, the member
litigation.
personal business (including
must not state or imply that his
campaigning)
or her statements represent a
Conflicts of Interest
majority view
• not abuse the advantages of their
Elected members shall ensure
official position for personal
– media comments must observe
they comply with the provisions
gain, or solicit or accept gifts,
the other requirements of the
of the Local Authorities (Members’
entertainment, rewards or benefits
code of conduct, eg not disclose Interests) Act 1968, which covers
that might compromise their
confidential information.
financial interests, and with other
integrity.
requirements relating to non-
pecuniary conflicts of interest.
Bankruptcy
Members should ensure they are
Elected members who are declared
familiar with the guidance contained
bankrupt shall notify the Chief
in the Council publication Conflict of
Executive as soon as practicable after
Interest Guidelines.
being declared bankrupt.
10 Elected Members Handbook 2019
Compliance
and review
12 Elected Members Handbook 2019
Compliance
Breaches of non-statutory
(or in the case of an alleged breach
Elected members must comply
provisions
by the Mayor, the Chief Executive)
with the provisions of this code of
Any alleged breach by a member of
may instead refer the matter to
conduct. Members are also bound
the provisions of the code for which
council. Council will be asked to
by the Local Government Act 2002,
there is not a process and penalty
consider and determine whether a
the Local Authorities (Members’
provided elsewhere shall be reported
breach of the code has occurred and,
Interests) Act 1968, the Local
in a timely manner to the Mayor
if so, what consequences for the
Government Official Information
in the first instance. The Mayor, in
elected member should arise from
and Meetings Act 1987, the Secret
concert with the Chief Executive
that breach. In completing a report
Commissions Act 1910, the Crimes
(where appropriate), shall consider
to Council, fairness to all parties
Act 1961 and the Securities Act 1978.
each allegation in a manner that
involved, and due process, will be
The Chief Executive
is fair to all parties involved in the
respected, including ensuring the
member named in the allegation
will ensure that an explanation
allegation, including ensuring that
is advised of the allegation and
of these Acts is made at the first
due process is respected.
given an opportunity to consider
meeting after each triennial election
This will include ensuring that
and respond to it before the matter
and that copies of these Acts are
members named in an allegation are
is considered by council. Council’s
freely available to elected members.
given an opportunity to consider
consideration of the matter will
Short explanations of the obligations
and respond to that allegation. If,
comply with statutory requirements
that each of these Acts has with
following the opportunity to respond
relating to matters such personal
respect to conduct of elected
to the allegation, it is considered
privacy, or confidentiality
members is attached in Appendix 1
that an allegation of a breach of the
of information.
to this code.
code is well-founded, the Mayor shall
inform the member concerned and
Review
Breaches of statutory provisions take any appropriate lawful action,
Once adopted, a code of conduct
Where there are statutory provisions:
such as censure.
continues in force until amended
• breaches relating to members’
Any alleged breach by the Mayor
by the council. The code can be
interests render members
shall be reported in a timely manner
amended at any time but cannot be
liable for prosecution by the
to the Chief Executive, who shall
revoked unless the council replaces
Auditor-General under the Local
consider and deal with the allegation, it with another code. Once adopted,
Authorities (Member’s Interests)
seeking advice as appropriate. The
amendments to the code of the
Act 1968
Chief Executive shall consider each
conduct, or the adoption of a new
code, require a resolution supported
• breaches which result in the
allegation in a manner that is fair to
by 75 per cent or more of the
council suffering financial loss or
all parties involved in the allegation,
members of the council present.
damage may be reported on by the including ensuring that due process
Auditor-General under the Local
is respected. This will include
Council will formally review the
Government Act 2002, which may
ensuring that the Mayor is given an
code as soon as practicable after
result in the member having to
opportunity to consider and respond
the beginning of each triennium.
make good the loss or damage
to that allegation.
The results of that review will
• breaches relating to the
If an alleged breach is considered
be presented to council for their
commission of a criminal offence
to be of a serious enough nature, or
consideration and vote.
may leave the elected member
if there is an allegation of repeated
liable for criminal prosecution.
breaches of the code, the Mayor
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Appendix
14 Elected Members Handbook 2019
Legislation Bearing on the
must be done before the discussion
trigger the ouster provisions of the
Role and Conduct of Elected
or vote. The Chief Executive must
Local Government Act 2002 and
Members
also seek approval from the Audit
result in the removal of the member
Office for contractual payments to
from office.
This is a summary of the legislation
members, their spouses or their
requirements that has some bearing
companies that exceed the $25,000
Crimes Act 1961
on the duties and conduct of elected
annual limit.
members. Copies of these statutes
Under this Act it is unlawful for an
can be found in the council library or
Failure to observe these
elected member (or officer) to:
in the office of the Chief Executive.
requirements could also leave the
• accept or solicit for themselves (or
elected member open to prosecution
anyone else) any gift or reward for
Local Authorities (Members’
under the Local Authorities
acting or not acting in relation to
Interests) Act 1968
(Members’ Interests) Act 1968. In
the business of council
This Act regulates situations where a
the event of a conviction elected
• use information gained in the
member’s personal interests impinge, members can be ousted from office.
course of their duties for their, or
or could be seen as impinging on
another persons, monetary gain
their duties as an elected member.
Local Government Official
Information and Meetings
or advantage. These offences
The Act provides that an elected
are punishable by a term of
Act 1987
member is disqualified from office
imprisonment of 7 years or more.
if that member is concerned or
The Local Government Official
Elected members convicted
interested in contracts under which
Information and Meetings Act 1987
of these offences will also be
payments made by or on behalf of
sets out a list of meetings procedures
automatically ousted from office.
the local authority exceed $25,000 in
and requirements.
any financial year.
Of particular importance for the
Securities Act 1978
The Securities Act 1978 essentially
Additionally, elected members are
roles and conduct of elected
places elected members in the
prohibited from participating in
members is the fact that the chair
same position as company directors
any council discussion or voting
has the responsibility to maintain
whenever council offers stock to
on any matter in which they have
order at meetings.
the public. Elected members may
a pecuniary interest, other than
be personally liable if investment
an interest in common with the
Secret Commissions Act 1910
documents such as a prospectus
general public. The same rules also
Under this Act it is unlawful for an
contain untrue statements and may
apply where the member’s spouse
elected member (or officer) to advise
be liable for criminal prosecution
contracts with the authority or has a
anyone to enter into a contract with
if the requirements of the Act are
pecuniary interest.
a third person and receive a gift or
reward from that third person as a
not met.
Members may also contact the Audit
result, or to present false receipts to
Office for guidance as to whether that council.
member has a pecuniary interest, and
if so, may seek an exemption to allow If convicted of any offence under this
that member to participate or vote on Act a person can be imprisoned for
a particular issue in which they may
up to 2 years, or fines up to $1000, or
have a pecuniary interest. The latter
both. A conviction therefore would
Elected Members Handbook 2019 15
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