Standing Orders
The following Standing Orders were adopted by resolution of the Far North District Council
passed on 5 November 2007.
Amendment Schedule:
Reference Amendment
Date
2.5 & 3.14.2 Chairperson’s Replace with “The Chairperson
5 November 2007
voting
at any meeting has a
deliberative vote and, in the
case of equality of votes, does
have a casting vote”
2.6 – Voting Systems for Certain Council resolved to use 'System
13 November 2007
Appointments
B' for voting to make certain
appointments for the remainder
of the triennium
2.10.1(3) Powers of Delegation Amend by the addition of the
5 November 2007
following words: “…. provided
that where an officer has
delegated a responsibility to
another officer, the latter officer
shall not have the power to
further delegate the authority”
3.3.7 – Duration of Meetings Delete (requirement for a
24 January 2008
and time limits
resolution for a meeting to
continue past 10pm or for
longer than 6 hours)
Appendix F – Public Forum
Amend F1 to add, “At the
5 November 2007
discretion of the Chairperson” at
the beginning of the first
sentence.
Appendix G –Tangata
Amend G1 to add, “At the
5 November 2007
Whenuarepresentation at
discretion of the Chairperson” at
meetings
the beginning of the first
sentence.
Appendix G2– Speaking Rights delete
5 November 2007
in addition to public forum
2
Table of Contents
1
General ................................................................................................................................ 4
1.1
Scope And General.............................................................................................. 4
1.2
Interpretation...................................................................................................... 4
1.3
Definitions .......................................................................................................... 4
2
Constitutional And Legislative Matters............................................................................... 6
2.1
Introduction ........................................................................................................ 6
2.2
First Meeting Of The Local Authority Following Election......................................... 6
2.3
Chairperson Of Meetings ..................................................................................... 7
2.4
Quorum At Meetings............................................................................................ 7
2.5
Voting At Meetings .............................................................................................. 8
2.6
Voting Systems For Certain Appointments............................................................ 8
2.7
Appointment Of Committees And Other Subordinate Decision-Making Bodies ....... 9
2.8
Joint Committees .............................................................................................. 10
2.9
Membership Of Committees And Subcommittees............................................... 10
2.10
Powers Of Delegation .................................................................................... 11
2.11
Proceedings Not Invalidated By Vacancies Or Irregularities............................. 12
2.12
General Provisions As To Meetings ................................................................ 12
2.13
Notification Of Ordinary Meetings To Members............................................... 13
2.14
Extraordinary Meetings.................................................................................. 13
2.15
Public At Meetings, Access To Agendas Etc. ................................................... 14
2.16
Reasons To Exclude Public ............................................................................ 16
2.17
Application Of Standing Orders To Public Excluded Session ............................ 17
2.18
Use Of Public Excluded Information ............................................................... 17
3 Meeting
Procedures ..........................................................................................................17
3.1
Application Of Standing Orders .......................................................................... 17
3.2
Suspension Of Standing Orders ......................................................................... 17
3.3
Conduct Of Meetings......................................................................................... 18
3.4
Quorum At Meetings.......................................................................................... 19
3.5
Failure Of A Quorum .......................................................................................... 20
3.6
Leave Of Absence And Apologies ....................................................................... 20
3.7
Order Of Business ............................................................................................. 21
3.8
Rules Of Debate................................................................................................ 22
3.9
Motions And Amendments................................................................................. 23
3.10
Notices Of Motion ......................................................................................... 26
3.11
Repeat Notices Of Motion.............................................................................. 26
3.12
Procedural Motions To Terminate Or Adjourn Debate ..................................... 27
3.13
Points Of Order.............................................................................................. 28
3.14
Voting ........................................................................................................... 29
3.15
Qualified Privilege ......................................................................................... 30
3.16
Maintenance Of Public Order At Meetings ...................................................... 30
3.17
Minutes Of Proceedings ................................................................................ 31
3.18
Minute Books................................................................................................ 31
3.19
Deputations And Presentations ..................................................................... 31
3.20
Petitions ....................................................................................................... 32
3.21
Questions ..................................................................................................... 32
4 APPENDICES......................................................................................................................33
3
1
GENERAL
1.1
Scope and General
This document sets out standing orders for the conduct of proceedings at meetings of territorial
authorities, regional councils and community boards in the form of model orders for adoption with or
without amendment. It incorporates new provisions in the Local Government Act 2002 as they affect
the provisions of the model standing orders.
This Standard is presented in three parts. Part 1 is the general introduction. Part 2 covers
constitutional and legislative matters, and Part 3 relates to meeting procedures.
Part 3 involves some repetition of Part 2, to ease use and to ensure each part can stand alone without
the need for undue cross referencing.
1.2
Interpretation
The terms “normative” and “informative” have been used in these Standing Orders to define the
application of the Appendix to which they apply. A “normative” appendix is an integral part of a
Standard, whereas an “informative” appendix is only for information and guidance. Informative
provisions do not form part of the mandatory requirements of the Standard.
In this Standard the word “shall” identifies a mandatory requirement for compliance with the
Standard. 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
italics with quotation marks.
1.3
Definitions
In these standing orders, unless inconsistent with the context:
Agenda means the list of items for consideration at a meeting together with reports and other
attachments relating to those items.
Chairperson means the mayor of a territorial authority or chairperson of a regional council or
community board including any person acting as the mayor of territorial authority or chairperson of the
regional council or community board, and any person presiding at any meeting of a committee or
subcommittee of a regional council, territorial authority or community board.
Chief executive means the chief executive of a local authority appointed under section 42 of the Local
Government Act 2002, irrespective of their designation, and includes for the purposes of these
standing orders, any other officer authorised by the local authority.
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 authority:
(a) A committee comprising all the members of that local authority;
(b) A standing committee or special committee appointed by that local authority;
(c) A joint committee appointed under clause 30 of Schedule 7 of the Local Government Act
2002; and
(d) Any subcommittee of a committee described in items (a), (b) or (c) of this definition.
4
Deputation means a request from any person or interest group in the community to make a
presentation to the local authority or any committee.
Extraordinary meeting has the same meaning as defined in clause 22 of Schedule 7 of the Local
Government Act 2002.
Local authority means the local authority and/or the community boards covered by these standing
orders, being a local authority or a community board as defined in section 5 of the Local Government
Act 2002.
Mayor means the mayor of a territorial authority elected under the Local Electoral Act 2001.
Meeting means any first, or extraordinary meeting of a local authority; and any meeting of any
committee, standing committee, joint committee, special committee or subcommittee of the local
authority. At any meeting of a local authority, or of any committee or subcommittee of a local authority,
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 the local authority or to any committee or
subcommittee of the local authority, and includes the mayor of a territorial authority and the
chairperson of a regional council or community board, or of any committee or subcommittee of a
regional council, territorial authority or community board.
Minutes means the record of the proceedings of any meeting of the local authority and its committees
and subcommittees.
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 the district of the local authority, or where there is no such newspaper, by notice
published on signboard affixed to public places in the district to which the notice relates.
Quorum means the minimum number of members needing to be present to constitute a valid meeting.
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 the 25th day of December in any year and ending with
the 15th day of January in the following year.
5
2
CONSTITUTIONAL AND LEGISLATIVE MATTERS
2.1
INTRODUCTION
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 [any provisions of 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 a 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]
(See Standing Order 3.2.1)
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]
(See Standing Order 3.1.1)
2.2
FIRST MEETING OF THE LOCAL AUTHORITY FOLLOWING ELECTION
2.2.1
Meeting called by chief executive
“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 a 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 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
“The business that must be conducted at the meeting must include –
(a) the making and attesting of the declarations required of the mayor (if any) and members
under clause 14 [of Schedule 7 of the Local Government Act]; and
(b) the election of the chairperson (if any) and the making and attesting of the declaration
required of the chairperson under clause 14 [of Schedule 7 of the Local Government Act]; and
(c) a general explanation given or arranged by the chief executive, of –
(i)
the Local Government Official Information and Meetings Act 1987; and
6
(ii)
other laws affecting members including - the appropriate provisions of the Local
Authorities (Members’ Interests) Act 1968; sections 99,105 and 105A of the
Crimes Act 1961; and the Secret Commissions Act 1910 and the Securities Act
1978; and
(d) the fixing of the date and time of the first ordinary meeting of a local authority, or the adoption
of a schedule of ordinary meetings; and
(e) the election of the deputy chairperson in accordance with clause 17 [of Schedule 7 of the
Local Government Act].”
[cl. 21(5), Schedule 7, LGA)
2.2.3
Members to give notice of addresses
Every member of the Council must give to the chief executive a residential or business address
together with, if desired, a facsimile or other address within the district or region of the local authority
to which notices and material relating to meetings and Council business may be sent or delivered.
2.3
CHAIRPERSON OF MEETINGS
2.3.1
Mayor or chairperson of a local authority to preside
“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… 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 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 1 of their number to preside at that meeting,
and that person may exercise at that meeting the responsibilities, duties, and powers of the
chairperson.”
[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 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]
2.4.3
Definition of quorum for local authority or joint committee meetings
“The quorum at any meeting of –
(a) a local authority or joint committee consists of –
7
(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
Definition of quorum for committee meetings
“The quorum at a meeting of –
(b) […(b) a committee –
(i)
is not fewer than two members of the committee (as determined by the local
authority or committee that appoints the committee); and
(ii)
in the case of a committee other than a subcommittee, must include at least 1
member of a local authority.”
[cl.23(3), Schedule 7, LGA]
(see Standing Order 3.4)
2.5
VOTING AT MEETINGS
2.5.1
Acts and decisions of the local authority 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.”
Casting Vote
(2) “For the purposes of [2.5.1(1)], the mayor or chairperson or other person presiding at the
meeting:
(a) has a deliberative vote; and
(b) In the case of an equality of votes, has does not have a casting vote (and therefore the
act or question is defeated and the status quo is preserved).”(see appendix H p52)
(Council resolution 05.11.2007)
Open voting
(3) “An act or question coming before the local authority must be done or decided by open
voting.”
Mandatory requirements (1) and (2) apply unless the Local Government Act 2002 provides otherwise.
[cl.24, Schedule 7, LGA]
2.6
VOTING SYSTEMS FOR CERTAIN APPOINTMENTS
2.6.1
Provisions for election or appointment of deputy mayor, chairpersons and deputy
chairpersons of local authorities and committees, and representatives of the local authority
“[This Standing Order applies to] –
(a) The election or appointment of the chairperson and deputy chairperson of a regional council;
and
(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.
8
If this [Standing Order] applies, a local authority or a committee (if a 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) [System A]; or
(b) [System B]; (Council resolution 05 November 2007 to use system B)
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 a local authority or committee present and voting; and
(b) has the following characteristics:
(i) there is a first round of voting for all candidates; and
(ii) 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
(iii) 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
(iv) 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
(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)
there is only one round of voting; and
(ii)
if 2 or more candidates tie for the most votes, the tie is resolved by lot.”
[cl.25, Schedule 7, LGA]
2.7
APPOINTMENT OF COMMITTEES AND OTHER SUBORDINATE DECISION-MAKING
BODIES
2.7.1
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]
2.7.2
Discharge or reconstitution of committees, subcommittees and other 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 decision-making body.”
[cl.30(5) & (7), Schedule 7, LGA]
9
2.7.3
Committees and subordinate decision-making bodies subject to direction of 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, subcommittee, or another
subordinate decision-making body.”
[cl.30(3), (4) & (6), Schedule 7, LGA]
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
Powers and responsibilities of joint committees
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 meeting quorum is as outlined in 2.4.3; 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]
2.9
MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES
2.9.1
Appointment or discharge of committee members and subcommittee members
“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]
2.9.2
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]
10
2.9.3
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]
2.9.4
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]
2.9.5
Mayor or chairperson of local authority as an ex-officio member
The mayor or chairperson of the local authority may be appointed an ex-officio member of any
committee other than a community board or quasi-judicial committee.
2.10
POWERS OF DELEGATION
2.10.1
Delegations to committees, subcommittees, subordinate decision-making bodies, community
boards, members and officers
(1) “Unless expressly provided otherwise in [the Local Government Act 2002], 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 council community plan; or
(d) the power to adopt a long-term council community 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 2002] in association with the long-term council community plan or developed
for the purpose of the local governance statement; or
(2) Nothing in this clause restricts the power of a local authority to delegate to a committee or other
subordinate decision-making body, community board 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, community board 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
provided that where an officer
has delegated a responsibility to another officer, the latter officer shall not have the power to
further delegate the authority”.”
[cl.32(1), (2) &( 3), Schedule 7, LGA]
Note: In 2.10.1(3) above the amendment adding the words in bold italics were resolved by Council on
05.11.2007.
2.10.2
Use of delegated powers
“A committee, subcommittee, other subordinate decision-making body, community board or member
or officer of the local authority to which or to whom any responsibilities, powers or duties are
11
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
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
Meetings to be held
”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]
2.12.2
Right to attend meetings
“A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded,
the right to attend any meeting of the local authority or committee.”
[cl.19(2), Schedule 7, LGA]
2.12.3
Calling, public 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 VII 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 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 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]
12
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]
2.13
NOTIFICATION OF ORDINARY MEETINGS TO MEMBERS
2.13.1
Period for notice in writing
“The chief executive must give notice in writing to each member of the time and place of [a] meeting –
(a) not less than 14 days before the meeting; or
(b) if the local authority has adopted a schedule of meetings, not less than 14 days before the
first meeting on the schedule.”
[cl.19(5)(a), (b), Schedule 7, LGA]
2.13.2
Schedule of meetings
“If a local authority adopts a schedule of meetings, –
(a) the schedule may cover any future period that the local authority considers appropriate and
may be amended; and
(b) notification of the schedule or any amendment to that schedule constitutes a notification of
every meeting on the schedule or amendment.”
[cl.19(6), Schedule 7, LGA]
2.13.3
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 is practicable of the cancellation and of the reasons for the
cancellation.
2.14
EXTRAORDINARY MEETINGS
2.14.1
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) a resolution of the local authority; or
(b) a requisition in writing delivered to the chief executive and signed by -
(i)
the mayor or chairperson; or
(ii)
not less than one-third of the total membership of the local authority (including
vacancies).”
[cl. 22(1), Schedule 7, LGA]
2.14.2
Notification of extraordinary meetings to members
“Notice in writing of the time and place of the meeting called under [Standing Order 2.14.1] and of the
general nature of business must be given by the chief executive to each member of the local authority
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.”
[cl. 22(3), Schedule 7, LGA]
13
2.14.3
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 2.14.2], a meeting may be called by the mayor or
chairperson; or if the mayor or chairperson are unavailable, the chief executive.”
[cl. 22(2), Schedule 7, LGA]
2.14.4
Notification of extraordinary meetings held at earlier time
“Notice of the time and place of a meeting called under [Standing Order 2.14.3] 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 authority and to the chief executive at least 24 hours before the time
appointed for the meeting.”
[cl. 22(4), Schedule 7, LGA]
2.14.5
Public notice of resolutions of extraordinary meetings
“A local authority must, as soon as practicable, publicly notify any resolution passed at an
extraordinary meeting of the local authority unless –
(a) the resolution was passed at a meeting or part of a meeting from which the public was
excluded; or
(b) the extraordinary meeting was publicly notified at least 5 working days before the day on
which the meeting was held.
For the purposes of this [Standing Order] resolution means the resolution on the matter or matters for
which the extraordinary meeting was held.”
[s. 51A, LGOIMA]
2.15
PUBLIC AT MEETINGS, ACCESS TO AGENDAS ETC.
2.15.1
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 a local authority 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.”
[s. 47 & 49(a), LGOIMA]
2.15.2
Information to be available to public
All information provided to members at Council 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.
[s. 5 & 49, LGOIMA]
2.15.3
Public notification about meetings
All meetings scheduled for the following month shall 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.
[s. 46, LGOIMA]
2.15.4
Public notification about extraordinary meetings
“Where any extraordinary meeting of a local authority is called and notice of that meeting cannot be
given in the manner required or permitted by [Standing Order 2.15.3 as appropriate], the local
14
authority 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”.
[s. 46(3) & (4), LGOIMA]
2.15.5
Public notification additional requirements
The chief executive is to make any other arrangement for the notification of meetings including
extraordinary meetings as the local authority may from time to time determine.
2.15.6
Meetings not invalid because not publicly notified
“No meeting of any local authority [is] invalid merely because that meeting was not publicly notified in
accordance with [Standing Orders 2.15.3 - 2.15.5].”
[s. 46(5), LGOIMA]
2.15.7
Public notice of meetings not notified
“Where a local authority becomes aware that any meeting of that local authority has not been publicly
notified in accordance with [Standing Orders 2.15.3 – 2.15.5], the local authority 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.”
[s. 46(6), LGOIMA]
2.15.8
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 2 working days before every meeting, all agendas and associated reports circulated
to members of the local authority and relating to that meeting. The agendas -
(a) shall be available for inspection … at the public offices of the local authority, (including
service delivery centres) and the public libraries under the authority’s control; and
(b) shall be accompanied by either -
(i) the associated reports; or
(ii) 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 local authority.
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 authority, the agenda and any associated reports shall be made
available as soon as is reasonable in the circumstances.”
[s. 46A(1)-(6), LGOIMA]
2.15.9
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.
2.15.10
Availability of agendas and reports for meetings of community boards
Where agendas and associated reports are for meetings of community boards, it is sufficient for the
purposes of these standing orders that they be available for public viewing at the main office of the
local authority and those service delivery centres and public libraries, if any, under the control of the
local authority situated within the community.
15
2.15.11
Agenda to be made available to public who are at meetings
Additional copies of the agenda and further particulars indicating the nature of the items to be
discussed must be available at meetings in sufficient numbers to enable any spare copies to be
provided for members of the public to take away with them on payment of the prescribed amount (if
any).
[s. 49, LGOIMA]
2.15.12
List of committee members publicly available
The members of each committee are to be named on the relevant agenda.
2.15.13
Public entitled to inspect minutes
The public is entitled without charge to inspect, take notes from, or receive copies of, minutes of any
meeting or part of any meeting from which the public was not excluded.
[s. 51, LGOIMA]
2.15.14
Requests for minutes of meetings in closed session
The chief executive must consider any request for the minutes of a meeting or part thereof from which
the public was excluded as a request for official information in terms of the Local Government Official
Information and Meetings Act 1987.
[s. 51, LGOIMA]
2.16
REASONS TO EXCLUDE PUBLIC
2.16.1
Lawful reasons to exclude public
A local authority may by resolution exclude the public from the whole or any part of the proceedings of
any meeting only on one or more of the grounds specified in section 48 of the Local Government
Official Information and Meetings Act (see Appendix A).
(s. 48, LGOIMA)
2.16.2
Form of resolutions to exclude public
Any resolution to exclude the public must be in the form set out in Schedule 2A to the Local
Government Official Information and Meetings Act 1987 and state the general subject of each matter
to be considered while the public is excluded, the reason for passing that resolution in relation to that
matter, and the grounds on which the resolution is based. (For an example resolution refer to
Appendix B).
2.16.3
Motion to exclude public to be put with the public present
Every motion to exclude the public must be put at a time when the meeting is open to the public, and
copies of the text of that motion must be available to any member of the public who is present. The
resolution then forms part of the minutes of the local authority.
[s. 48(4), LGOIMA]
2.16.4
Provision for persons to remain after public excluded
A resolution in accordance with Standing Order 2.16.3 may provide for one or more specified persons
to remain after the public has been excluded if those persons have, in the opinion of the local
authority, knowledge that will assist the authority. Any such resolution is required to state the
knowledge possessed by those persons which will be of assistance in relation to the matter to be
discussed and how it is relevant to the matter. No such resolution is necessary in respect of the
attendance of the chief executive and relevant staff during a public excluded session.
[s. 48(5) & (6), LGOIMA]
16
2.16.5
Release of public excluded information
A local authority may provide for the release to the public of information, which has been considered
during the public excluded part of a meeting.
2.17
APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION
2.17.1
Standing orders to apply
Standing orders apply to meetings or parts of meetings from which the public has been excluded.
2.18
USE OF PUBLIC EXCLUDED INFORMATION
2.18.1
Public excluded business not to be disclosed
Subject to the provisions of the Local Government Official Information and Meetings Act 1987, no
member or officer is permitted to disclose to any person, other than a member or officer, any
information which has been or is to be presented to any meeting from which the public is properly
excluded, or where it is proposed that the public be properly excluded.
3
MEETING PROCEDURES
3.1
APPLICATION OF STANDING ORDERS
3.1.1
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]
(see Standing Order 2.1.4)
3.1.2
Additional to or substitution of standing orders
Notwithstanding the generality of Standing Order 3.1.1, for any quasi-judicial proceedings, the local
authority may adopt meeting procedures and practices additional 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]
3.1.3
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 local authority or of any committee
or subcommittee or other subordinate decision-making body of the local authority 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.
3.2
SUSPENSION OF STANDING ORDERS
3.2.1
Temporary suspension
A local authority or committee 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. The reason for the suspension and
the specific order(s) suspended must be stated in the resolution of suspension
(see Standing Order
2.1.3).
[cl. 27(4), Schedule 7, LGA]
17
3.3
CONDUCT OF MEETINGS
3.3.1
Mode of address for chairperson
The person in the chair is to be addressed in such terms as denotes the statutory office of that person,
the choice of mode of address being as determined by that person.
3.3.2
Chairperson to decide
The chairperson is to decide all questions where these standing orders make no provision or
insufficient provision, and all points of order, and any member who refuses to obey any order or ruling
of the chairperson shall be held guilty of contempt (see Standing Orders 3.1.1, 3.13.6 and Appendix
C).
3.3.3
Chairperson rising
Whenever the chairperson rises during a debate any member then speaking or offering to speak is to
be seated, and members are to be silent so that the chairperson may be heard without interruption.
3.3.4
Members to speak in places and address the chair
Members granted the right to speak at meetings are to address the chairperson, and may not leave
their place while speaking without the leave of the chairperson. Members may remain seated when
speaking at extraordinary meetings of the local authority and at committee meetings.
3.3.5
Priority of speakers
When two or more members seek the right to speak, the chairperson is to name the member who has
the right to speak first, provided that the following members shall have precedence, where in order,
when they state their intention to:
(a) Raise a point of order (see Standing Order 3.13.1), including any request to obtain a
time extension for the previous speaker;
(b) Move a motion to terminate or adjourn the debate (see Standing Order 3.12.1); or
(c) Make a point of explanation or request an indulgence of the chairperson (see
Standing Order 3.8.13).
3.3.6
Speeches in English or Māori
A member may address the chairperson in English or Māori. The chairperson may order that a speech
be translated and printed in another language. A member must give prior notice, not less than 2
working days before the meeting, to the chairperson if he or she intends to address the chairperson in
Māori, when the normal business of the committee is conducted in English, or in English when the
normal business of the committee is conducted in Māori.
3.3.7
Duration of meetings and time limits
Unless pursuant to a resolution to continue, no meeting may continue for more than six hours or
beyond 10.30pm, and any business on the agenda not dealt with must be adjourned to the next
ordinary meeting or extraordinary meeting. (Deleted by Council resolution 24.01.08)
3.3.8
Reporting of meetings
When a meeting of a local authority is open to the public the following provisions shall apply:
(a) Members of the public including bona fide members of the news media are entitled
to attend any meeting or any part of a meeting and to report on the proceedings.
[s. 49(a) LGOIMA]
(b) Any recording of meetings must be carried out in an unobtrusive manner, and must
not be distracting to members.
18
(c) Any recording of meetings must be notified to the chairperson at the commencement
of the meeting.
3.3.9
Disorderly members to withdraw
Members called to order by the chairperson are to resume their seats and/or stop speaking, as the
case may be. Should any member refuse to obey, such member may be directed by the chairperson to
withdraw from the meeting. Upon such direction, any such member is to withdraw and must not be
permitted to return during the meeting, or any period of that meeting that the chairperson may
determine (see Appendix C).
3.3.10
Members not to be disrespectful
No member of the local authority at any meeting may be disrespectful in speech or use offensive or
malicious language, including in reference to the local authority, any other member, or any officer or
employee of the local authority. In addition, no member may impute improper motives or make
offensive remarks about the private affairs of any other member of the local authority or its staff.
3.3.11
Retraction of, or apology for, offensive or malicious language
The chairperson may call upon any member or speaker to withdraw any offensive or malicious
expression and may require the member to apologise for the expression.
3.3.12
Withdrawal from meeting
Any member who refuses to withdraw the expression or apologise, if required by the chairperson, can
be directed to withdraw from the meeting for a time specified by the chairperson.
3.3.13
Disorder in meeting
The chairperson may require any member whose conduct is disorderly or who is creating a disturbance
to withdraw immediately from the meeting for a time specified by the chairperson.
3.3.14
Adjournment of meeting following disorder
Should the disorder continue, the chairperson has the right to adjourn the meeting for a time specified
by the chairperson. At the end of that period the meeting shall resume and decide without debate the
question as to whether the meeting shall proceed or be adjourned. The chairperson may also take
such action in relation to disorder from other sources or in the event of an emergency.
3.3.15
Contempt to be recorded in minutes
Where the meeting resolves to find the member in contempt that resolution must be recorded in the
minutes.
3.3.16
Removal from meeting
“A member of the police, or an officer or employee of the local authority, may, at the request of the
chairperson, remove or exclude a member from a meeting if that member is required to leave the
meeting by a ruling made under the standing orders and that member –
(a) refuses or fails to leave the meeting; or
(b) having left the meeting, attempts to re-enter the meeting without the permission of the
chairperson.”
[cl. 16(2), Schedule 7, LGA]
3.4
QUORUM AT MEETINGS
3.4.1
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]
19
3.4.2
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]
3.4.3
Definition of quorum for local authority or joint committee meetings
“The quorum at a meeting for local authority or joint committee consists of –
(a) half the members if the number of members (including vacancies) is even;
or
(b) a majority of members if the number of members (including vacancies) is odd.”
[cl. 23(3), Schedule 7, LGA]
3.4.4
Definition of quorum for committee meetings
“The quorum at a meeting of –
(b) a committee -
(i.) is not fewer than 2 members of the committee (as determined by the local
authority orcommittee that appoints the committee); and
(ii.) in the case of a committee other than a subcommittee, must include at least
1 member of the local authority.”
[cl. 23(3), Schedule 7, LGA]
(See Standing Order 2.4)
3.5
FAILURE OF A QUORUM
3.5.1
Meeting lapses if no quorum
If a meeting is short of a quorum at its commencement, or falls short of a quorum, the business is to
stand suspended and, if no quorum is present within 10 minutes, the chairperson is to vacate the
chair and the meeting shall lapse.
3.5.2
Lapsed business
The business remaining to be disposed of following the lapsing of a meeting is to stand adjourned until
the next ordinary meeting unless an earlier meeting is fixed by the chairperson and notified by the
chief executive.
3.5.3
Minutes to record failure of quorum
If a meeting lapses by reason of failure of a quorum, the names of the members then in attendance,
and the fact of the lapse, are to be recorded in the minutes.
3.6
LEAVE OF ABSENCE AND APOLOGIES
3.6.1
Granting leave of absence
The local authority may grant leave of absence to a member from a meeting or other meetings of the
local authority or its committees upon application by the member.
3.6.2
Apologies at meetings
If a member has not obtained leave of absence an apology may be tendered on behalf of the member
and the apology may be accepted or declined by the local authority. Acceptance of the apology shall be
deemed to be a granting of leave of absence for that meeting.
20
3.6.3
Recording of apologies
The chairperson of each meeting must invite apologies at the beginning of each meeting, including
apologies for lateness and early departure, and these and subsequent apologies during the meeting
shall be recorded in the minutes, including whether they were accepted or declined, and the time of
arrival and departure of all members.
3.6.4
Absence without leave
An extraordinary vacancy is created where any member is absent without leave of the territorial
authority, regional council or community board from 4 consecutive meetings other than extraordinary
meetings of the territorial authority, regional council or community board.
[cl. 5, Schedule 7, LGA]
3.7
ORDER OF BUSINESS
3.7.1
Adoption of order of business
The order of business is to be determined by the local authority.
3.7.2
Agenda
The chief executive is to prepare for each meeting an agenda listing and attaching information on the
items of business to be brought before the meeting so far as is known. At the meeting the business is
to be dealt with in the order in which it stands on the agenda unless the meeting or the chairperson
accord precedence to any business set down on the agenda.
3.7.3
Public excluded items
The chief executive must place on a public excluded agenda any matters for which he/she considers
the local authority, or committee of the local authority, is likely in his/her opinion to wish to exclude
the public in terms of the Local Government Official Information and Meetings Act 1987, provided that
an indication of the subject matter likely to be considered with the public excluded is placed on the
agenda available to the public.
3.7.4
Chairperson’s report
The chairperson, by report, has the right to direct the attention of the local authority, or the relevant
committee as the case may be, to any matter or subject within the role or function of the local
authority or committee respectively.
3.7.5
Major items not on the agenda may be dealt with
“An item that is not on the agenda for a meeting, may be dealt with at that meeting if -
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting at a time when it is open to the public,
(i.) The reason why the item is not on the agenda; and
(ii.) The reason why the discussion of the item cannot be delayed until a subsequent
meeting.”
[s.46A(7), LGOIMA]
3.7.6
Minor items not on the agenda may be discussed
Where an item is not on the agenda for a meeting, —
(a) That item may be discussed at that meeting if –
(i.) That item is a minor matter relating to the general business of the local
authority; and
21
(ii.) (ii) The presiding member explains at the beginning of the meeting, at a time
when it is open to the public, that the item will be discussed at the meeting; but
(b) No resolution, decision, or recommendation may be made in respect of that item
except to refer that item to a subsequent meeting of the local authority for further
discussion.”
[s. 46A(7) & 46A(7A), LGOIMA]
3.7.7
Chairperson’s recommendation
The chairperson of any meeting may include on the agenda for that meeting a chairperson’s
recommendation regarding any item brought before the meeting.
3.8
RULES OF DEBATE
3.8.1
Reserving speech
A member may second a motion or amendment without speaking to it, reserving the right to speak
later in the debate.
3.8.2
Irrelevant matter and needless repetition
In speaking to any motion or amendment, members are to confine their remarks strictly to such
motion or amendment, and shall not introduce irrelevant matters or indulge in needless repetition. In
this matter, the chairperson’s ruling is final and not open to challenge.
3.8.3
Limitation on speakers
If 3 speakers have spoken consecutively in support of, or in opposition to a motion, the chairperson
may call for a speaker to the contrary. If no such speaker is forthcoming and after the mover has had
the right of reply, the motion must be put. Members speaking must, if so called upon by the
chairperson, announce whether they are speaking in support of, or against the motion or amendment
being debated.
3.8.4
Taking down words
When any member objects to words used and desires his/her objection to be recorded in the minutes,
the chairperson may order the objection to be recorded, provided such objection be made at the time
the words were used and not after any other members have spoken (see Standing Order 3.13.4).
3.8.5
Reading of speeches
Members shall not read their speeches, except with the permission of the chairperson, but may
refresh their memory by reference to notes.
3.8.6
Time limits on speakers
The following time limits apply to members speaking at local authority meetings, unless extended by a
majority vote of members present:
(a) Movers of motions when speaking to the motion, ten minutes;
(b) Movers of motions, when exercising their right of reply, five minutes;
(c) Other members, not more than five minutes.
(See also Standing Order 3.19.6.)
3.8.7
Member speaking more than once
A member may not speak more than once to a motion, save that this order does not apply to meetings
of committees or subcommittees.
22
3.8.8
Restating of motion
Members may request the chairperson to restate the motion for their information at any time during
the debate, but not so as to interrupt.
3.8.9
Right of reply
The mover of an original motion (not an amendment) has a right of reply. After the mover has
commenced such reply, or has intimated the wish to forego this right, or having spoken to an
amendment to the motion and the chairperson has intimated his/her intention to put the motion, no
other member of the local authority may speak on the motion. Movers in reply are not to introduce any
new matter and must confine themselves strictly to answering previous speakers.
3.8.10
When right of reply may be exercised
The right of reply is governed as follows:
(a) Where no amendment has been moved, the mover may reply at the conclusion of the
discussion on the motion;
(b) If there is an amendment, the mover of the original motion may make such reply at the
conclusion of the debate on such amendment, and this reply exhausts their rights as
mover of the original motion (see Standing Order 3.8.9), provided that the mover may
reserve such right of reply. The mover may, however, take part in the discussion upon
subsequent amendments.
NOTE - A right of reply can be exercised at either the end of the debate on an original motion or at the
end of the debate on an amendment. Only the mover of an original motion has a right of reply and that
right can only be used once. In addition to a right of reply, the mover of an original motion may reserve
a right of reply and speak once to an original motion and once to each amendment without losing that
right of reply.
3.8.11
Speaking only to relevant matters
Members may speak to any matter before the meeting or upon a motion or amendment to be
proposed by themselves, or upon a point of order arising out of debate, but not otherwise.
3.8.12
Personal explanation
Notwithstanding Standing Order 3.8.7, members may make a personal explanation with the
permission of the chairperson, but such matters may not be debated.
3.8.13
Explanation of previous speech
With the permission of the chairperson, explanation of some material part of a previous speech in the
same debate may be given by a member who has already spoken, but new matter may not be
introduced.
3.9
MOTIONS AND AMENDMENTS
3.9.1
Requirement for a seconder
All motions and amendments moved in debate (including notices of motion) must be seconded, and
thereupon the chairperson shall state the matter raised and propose it for discussion.
3.9.2
Withdrawal of motions and amendments
Once motions or amendments have been seconded and put to the meeting by the chairperson they
cannot be withdrawn without the consent of the majority of the members present and voting. A motion
to which an amendment has been moved and seconded, cannot be withdrawn until the amendment is
withdrawn or lost.
23
3.9.3
Substituted motion by amendment
The meeting may allow a motion, which is subject to an amendment, to be withdrawn and replaced by
the amendment as the substituted motion, provided the mover and seconder of the original motion
agree to the withdrawal of the original motion. In such circumstances, members who have spoken to
the original motion may speak again to the substituted motion.
3.9.4
Motions in writing
The chairperson may require movers of motions or amendments to provide them in writing signed by
the mover.
3.9.5
Motions expressed in parts
The chairperson or any member may require a motion expressed in parts to be decided part by part.
3.9.6
Amendment once moved
When a motion has been moved and seconded, then proposed by the chairperson for discussion, an
amendment may be moved or seconded by any member who has not spoken to the motion, whether
an original motion or a substituted motion. The mover or seconder of a motion for the adoption of the
report of a committee, who desires to amend any item in the report, may also propose or second an
amendment.
3.9.7
Amendments and motions not seconded
Amendments and motions which are proposed but not seconded are not in order and are not entered
in the minutes.
3.9.8
Further amendments
No further amendment may be allowed until the first amendment is disposed of, although members
may notify the chairperson of their intention to move further amendments and the tenor of their
content.
3.9.9
Where amendment lost
Where an amendment is lost, another may be moved and seconded by any members who have not
spoken to the motion, whether an original motion or substituted motion. Movers of previous
amendments which were lost are regarded as having spoken to the motion only and are entitled to
speak to the new amendment, but are not entitled to move or second the new amendment.
3.9.10
Where amendment carried
Where an amendment is carried, the motion as amended becomes the substantive motion, and any
member, other than previous movers or seconders in the debate, may then propose a further
amendment.
3.9.11
Amendments relevant
Every proposed amendment must be relevant to the motion under discussion and not be in similar
terms to an amendment which has been lost.
3.9.12
Direct negatives not allowed
No amendment which amounts to a direct negative, is to be allowed which, if carried, would have the
same effect as negating the motion.
3.9.13
Procedure until resolution
The procedures in Standing Orders 3.9.6 and 3.9.8 must be repeated until a resolution is adopted.
24
3.9.14
Flow chart of motions and amendments
A flow chart illustrating the process regarding motions and amendments is included in these standing
orders as Appendix D.
3.9.15
Revocation or alteration of resolutions
A notice of motion for the revocation or alteration of all or part of a previous resolution of the local
authority is to be given to the chief executive by the member intending to move such a motion.
(a) Such notice is to set out:
(i.) The resolution or part thereof which it is proposed to revoke or alter;
(ii.) The meeting date when it was passed; and
(iii.) The motion, if any, that is intended to be moved in substitution thereof.
(b) Such notice is to be given to the chief executive at least 5 clear working days before the
meeting at which it is proposed to consider such a motion and is to be signed by not less
than one third of the members of the local authority, including vacancies.
(c) The chief executive must then give members at least 2 clear working days notice in
writing of the intended motion and of the meeting at which it is proposed to move such.
3.9.16
Restriction on action to be taken on previous resolution
Where a notice of motion has been given in terms of Standing Order 3.9.15, no action which is
irreversible may be taken under the resolution which is proposed for revocation or alteration until the
proposed notice of motion has been dealt with by the local authority, provided that if, in the opinion of
the chairperson:
(a) The practical effect of the delay would be equivalent to a revocation of the resolution, or
if;
(b) By reason of repetitive notices the effect of the notice is an attempt by a minority to
frustrate the will of the local authority;
then, in either case, action may be taken as though no such notice to the chief executive had been
given or signed.
3.9.17
Revocation or alteration of resolution at same meeting
If, during the course of a meeting of the local authority, fresh facts or information are received
concerning a matter already resolved at the meeting, the previous resolution may be revoked or
altered by the consent of 75% of the members then present and voting.
3.9.18
Local authority may revoke or alter any previous resolution
A local authority meeting may, on a recommendation contained in a report by the chairperson or chief
executive, or the report of any committee, revoke or alter all or part of resolutions previously passed at
meetings. At least two clear working days notice of any meeting to consider such a proposal must be
given to members, accompanied by details of the proposal to be considered.
3.9.19
Restating the motion
The chairperson may, immediately prior to any division being taken, request the chief executive to
restate the motion upon which the division is to be taken.
3.9.20
No speakers after reply or question has been put
Members may not speak on any motion once the mover has commenced replying or where
the chairperson has commenced putting the question.
25
3.9.21
Reflections on resolutions
In speaking in any debate no member may unduly criticise the validity of any resolution of the local
authority except by a notice of motion to amend or revoke the same.
3.10
NOTICES OF MOTION
3.10.1
Notices of motion to be in writing
Notices of motion must be in writing signed by the mover, stating the meeting at which it is proposed
that the notice of motion be considered, and must be delivered to the chief executive at least five clear
working days before such meeting.
3.10.2
Refusal of notice of motion
The chairperson may direct the chief executive to refuse to accept any notice of motion which:
(a) Is disrespectful or which contains offensive language or statements made with
malice; or
(b) Is not related to the role or functions of the local authority; or
(c) Contains an ambiguity or a statement of fact or opinion which cannot properly form
part of an effective resolution, and where the mover has declined to comply with such
requirements as the chief executive may make; or
(d) Is concerned with matters which are already subject of reports or recommendations
from a committee to the meeting concerned.
Reasons for refusing a notice of motion should be provided to the proposer.
3.10.3
Mover of notice of motion
Notices of motion shall not proceed in the absence of the mover, unless moved by another member
authorized in writing by the mover to do so.
3.10.4
Alteration of notice of motion
A notice of motion may be altered only by the mover with the consent of the meeting.
3.10.5
When notices of motion lapse
Notices of motion not moved on being called for by the chairperson, shall lapse.
3.10.6
Referral of notices of motion to committees
Any notice of motion referring to any matter ordinarily dealt with by a committee of the local authority
may be referred to that committee by the chief executive. Where such notices are so referred, the
mover of the motion shall, if not a member of that committee, have the right to move that motion, and
of reply, as if a committee member.
3.11
REPEAT NOTICES OF MOTION
3.11.1
First repeat where notice of motion rejected
When a motion which is the subject of a notice of motion has been considered and rejected by the
local authority, no similar notice of motion which, in the opinion of the chairperson, is substantially the
same in purport and effect may be accepted within the next 6 months unless signed by not less than
one third of all members, including vacancies.
3.11.2
Second repeat where notice of motion rejected
If such a repeat notice of motion as provided for in Standing Order 3.11.1 is also rejected by the local
authority, any further notice prior to the expiration of the original period of 6 months must be signed by
a majority of all members, including vacancies.
26
3.11.3
No repeats where notice of motion adopted
Where a notice of motion has been considered and adopted by the local authority, no notice of any
other motion which is, in the opinion of the chairperson, to the same effect may be put again whilst
such original motion stands.
3.12
PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE
3.12.1
Members may move procedural motions to terminate or adjourn debate
Any member who has not spoken on the matter under debate, may move any one of the following
procedural motions to terminate or adjourn debate, but not so as to interrupt a member speaking:
(a) That the meeting be adjourned to the next meeting, unless an alternative time and
place is stated; or
(b) That the item of business being discussed be adjourned to a time and place to be
stated; or
(c) That the motion under debate be now put (a “closure motion”); or
(d) That the meeting move directly to the next business, superseding the item under
discussion; or
(e) That the item of business being discussed does lie on the table, and not be further
discussed at that meeting; or
(f) That the item of business being discussed be referred (or referred back) to the
relevant committee of the local authority.
3.12.2
Chairperson may accept closure motions
The chairperson may accept a closure motion if there have been no less than 2 speakers for and 2
speakers against the motion, or, if there are no such speakers, in the chairperson’s opinion, it is
reasonable to do so.
3.12.3
Procedural motions to terminate or adjourn debate to take precedence
Procedural motions to terminate or adjourn debate take precedence over other business, other than
points of order, and shall, if seconded, be put to the vote immediately without discussion or debate.
3.12.4
Voting on procedural motions to terminate or adjourn debate
All procedural motions to terminate or adjourn debate must be determined by a majority of those
members present and voting. If lost, a further procedural motion to terminate or adjourn debate, may
not be moved by any member within the next 15 minutes.
3.12.5
Closure motion to be put if no further speaker
Notwithstanding Standing Order 3.12.4, a closure motion shall be put if there is no further speaker in
the debate.
3.12.6
Closure motion on amendment
When an amendment to a motion is under debate, a closure motion relates to the amendment and
not to the motion.
3.12.7
Right of reply following closure
If a closure motion is carried, the mover of the motion then under debate is entitled to the right of
reply, and the motion or amendment under debate is then to be put.
27
3.12.8
Debate on items previously adjourned
The debate on adjourned items of business is to be resumed with the mover of such adjournment
being entitled to speak first in the debate. Members who have already spoken in the debate may not
speak again.
3.12.9
Adjourned items taken first
Adjourned items of business are to be taken first at the subsequent meeting in the class of business
to which they belong.
3.12.10
Other business not superseded
The carrying of any motion to adjourn a meeting shall not supersede other business before the
meeting remaining to be disposed of, and such other business is to be considered at the next meeting.
3.12.11
Referral or referred back to committee
Business referred, or referred back, to a specified committee is to be considered at the next meeting
of that committee, unless otherwise specified.
3.12.12
Table of procedural motions
A table of procedural motions is included in these standing orders as Appendix E.
3.13
POINTS OF ORDER
3.13.1
Members rising to points of order
Any member may rise to speak to a point of order upon any breach of these Standing Orders and the
member previously speaking is to be seated and stop speaking.
3.13.2
Stating subject matter of point of order
The member rising is to state without explanation precisely the subject matter of the point of order.
3.13.3
Points of order during division
No point of order may be raised during a division except by the permission of the chairperson.
3.13.4
Types of points of order
The following are recognized as substance for points of order:
(a) Where disorder is drawn to the attention of the chairperson; or
(b) Use of disrespectful, offensive or malicious language; or
(c) Discussion of a question not before the local authority; or
(d) Misrepresentation of any statement made by a member or by an officer or employee of
the local authority or
(e) The breach of any standing order; or
(f) A request that words objected to be recorded in the minutes.
3.13.5
Contradiction not point of order
Rising to express a difference of opinion or to contradict a statement of a previous speaker does not
constitute a point of order.
3.13.6
Decision of chairperson final
The chairperson may decide on any point of order immediately after it has been raised by any
member, or may first hear further argument before deciding. The ruling of the chairperson upon any
point of order is not open to any discussion and is final.
28
3.14
VOTING
3.14.1
Decisions to be decided by majority votes
“[Unless the Local Government Act 2002 provides otherwise], 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”.
[cl. 24, Schedule 7, LGA]
(See Standing Order 2.5.1)
3.14.2
Chairperson’s voting
Unless the Local Government Act 2002 provides otherwise, for the purposes of Standing Order 3.14.1,
the mayor or chairperson or other person presiding at the meeting –
(a) has a deliberative vote; and
(b) in case of equality of votes, does not have has a casting vote (and therefore the act or
question is defeated and the status quo is preserved).(see appendix H p52) (amendment
Council resolution 05.11.2007)
3.14.3
Open voting
“An act or question coming before the local authority must be done or decided by open voting”.
[cl. 24(3), Schedule 7, LGA]
3.14.4
Members may abstain
Any member may abstain from voting.
3.14.5
Members may have their votes recorded
Any member’s vote or abstention must be recorded in the minutes if so requested by that member.
3.14.6
Method of voting
The method of voting shall be as follows:
(a) The chairperson in putting the motion shall call for an expression of opinion on the voices or
take a show of hands, the result of either of which, as announced by the chairperson, shall be
conclusive unless such announcement is questioned immediately by any member, in which
event the chairperson shall call a division.
(b) The chairperson or any member may call for a division instead of or after receiving opinion on
the voices and taking a show of hands.
(c) Where a suitable electronic voting system is available, that system may be used instead of a
show of hands, vote by voices or division, and the result displayed shall be notified to the
chairperson who shall declare the result.
3.14.7
Division
When a division is called, the chief executive or his/her nominee shall take down the names of the
members voting for and against the motion and abstentions and is to hand the list to the chairperson
to declare the result. The result of the division shall be entered into the minutes.
3.14.8
Second division
The chairperson may call a second division where there is confusion or error in the original division,
unless the same can be otherwise corrected.
29
3.14.9
Pecuniary interest
No members may vote or take part in the discussion of any matter at any meeting where they, directly
or indirectly, have any pecuniary interest as defined in law, other than an interest in common with the
public.
[s. 6(1), Local Authorities (Members’ Interests) Act]
3.14.10
Declaration of pecuniary interest
Every member present when any matter is raised in which they directly or indirectly have a pecuniary
interest, apart from any interest in common with the public, is under a duty to fully declare any such
interest to the meeting. This disclosure and the subsequent abstention of such members from both
discussion and voting on the item, is to be recorded in the minutes.
[s. 6(1), Local Authorities (Members’ Interests) Act]
3.14.11
Pecuniary interest a reason for leaving room
Members who have declared a pecuniary interest in matters to be discussed under Standing Order
3.14.10 should consider leaving the meeting room for the full duration of discussion on such matters.
3.15
QUALIFIED PRIVILEGE
3.15.1
Qualified privilege relating to agenda and minutes
Where a meeting of any local authority is open to the public during the proceedings or any part
thereof, and a member of the public is supplied with a copy of the agenda for the meeting or any part
of the minutes of that meeting are provided, the publication of any defamatory matter included in the
agenda or in the minutes is privileged unless the publication is proved to have been made with ill will
or taking improper advantage of the publication.
[s. 52, LGOIMA]
3.15.2
Qualified privilege relating to oral statements
Any oral statement made at any meeting of a local authority in accordance with the rules that have
been adopted by that local authority for the guidance and order of its proceedings, is privileged, unless
the statement is proved to have been made with ill will or taking improper advantage of the
publication.
[s. 53, LGOIMA]
3.15.3
Qualified privilege additional to any other provisions
The privilege conferred by Standing Order 3.15.2 is in addition to, and not in substitution for, or
derogation of any other privilege, whether absolute or qualified, that applies, by virtue of any other
enactment or rule of law, to the proceedings of any local authority.
3.16
MAINTENANCE OF PUBLIC ORDER AT MEETINGS
3.16.1
Chairperson may require members of the public to leave meeting
The chairperson presiding at any meeting of the local authority may require any member of the public
to leave the meeting if it is believed on reasonable grounds that the behaviour of that member of the
public is likely to prejudice the orderly conduct of the meeting if that person is permitted to remain.
[s. 50, LGOIMA]
3.16.2
Removal of members of public
If any member of the public who is required in accordance with Standing Order 3.16.1 to leave a
meeting, refuses or fails to leave the meeting or, having left the meeting, attempts to re-enter the
meeting without the permission of the chairperson, any police officer or employee of the local authority
30
may, at the request of the chairperson, remove or exclude that member of the public from the
meeting.
3.17
MINUTES OF PROCEEDINGS
3.17.1
Minutes to be evidence of proceedings
(1.) “A local authority must keep minutes of its proceedings.
(2.) Minutes of proceedings duly entered and authenticated as prescribed by a local authority are
prima facie evidence of those proceedings.”
[cl. 28, Schedule 7, LGA]
3.17.2
Keeping of minutes
The chief executive or his/her designated representative must keep the minutes of meetings. The
minutes must record the date, time and venue of the meeting; the names of those members present;
identification of the chairperson; apologies tendered and accepted; arrival and departure times of
members; any failure of a quorum; a list of speakers in the public forum and the topics they cover; a
list of items considered; resolutions and amendments pertaining to those items; any objections to
words used; all divisions taken; names of any members requesting the recording of their abstentions
or votes; declarations of pecuniary interest; contempt, censure and removal of any members;
resolutions to exclude members of the public; and the time that the meeting concludes or adjourns
(see Standing Orders 2.16.3, 3.3.15 ,3.5.3, 3.6.3, 3.8.4, 3.14.4, 3.14.5, and 3.14.11).
3.17.3
No discussion on minutes
No discussion shall arise on the substance of minutes at any succeeding meeting, except as to their
correctness.
3.18
MINUTE BOOKS
3.18.1
Inspection of minute books
The minute books of the local authority must be kept by the chief executive and be open to inspection
in accordance with the Local Government Official Information and Meetings Act 1987 and the Local
Government Act (see Standing Order 2.15.14).
[s. 51, LGOIMA]
3.18.2
Minutes of last meeting before election
The chairperson and the chief executive shall authenticate the minutes of the last meeting of the
Council prior to the next election of members.
3.19
DEPUTATIONS AND PRESENTATIONS
3.19.1
Deputations where heard
Deputations may be received by the local authority or any of its committees provided an application for
admission setting forth the subject, has been lodged with the chief executive at least 2 working days
before the date of the meeting concerned and has been subsequently approved by the chairperson.
The chairperson may refuse requests for deputations which are repetitious or offensive.
3.19.2
Urgency or major public interest
Notwithstanding Standing Order 3.19.1, where in the opinion of the chairperson the matter which is
the subject of a deputation is one of urgency or major public interest, the chairperson may determine
that the deputation be received.
31
3.19.3
Deputations and presentations in English or Māori
A deputation or presentation to a local authority or any of its committees, may be made in English or
Māori. Prior arrangement with the chairperson should be sought at least 2 working days before the
meeting if the address is not in English. The chairperson may order that any speech or document
presented be translated and/or printed in another language.
3.19.4
Procedures for deputations
Except with the approval of the local authority or committee, not more than 2 members of a
deputation may address the meeting. After a presentation is received members may put to the
deputation any question pertinent to the subject heard, but no member may express an opinion upon,
or discuss the subject, until the deputation has completed making its submissions and answering
questions (see Standing Order 3.15.2 regarding qualified privilege).
3.19.5
Termination of presentation if disrespectful
The chairperson may terminate a presentation in progress which is disrespectful or offensive, or where
the chairperson has reason to believe that statements have been made with malice (see Standing
Order 3.15.2 regarding qualified privilege).
3.19.6
Time limit on presentation
Unless the meeting determines otherwise in any particular case, a limit of 10 minutes is placed on a
speaker making a presentation, or if there are 2 members of the deputation addressing the meeting
10 minutes in total for the 2 speakers.
3.20
PETITIONS
3.20.1
Form of petitions
Every petition presented to the local authority or to any of its committees, must comprise fewer than
50 words (not including signatories) and not be disrespectful, nor use offensive language or include
statements made with malice (see Standing Orders 3.15.1 and 3.15.2 regarding qualified privilege).
3.20.2
Petition where presented by members
Any member of the local authority, who presents a petition on behalf of the petitioners is to confine
himself/herself to reading the petition and the statement of the parties from which it comes, and the
number of signatures attached to it.
3.20.3
Petition in English or Māori
A petition presented to a local authority or any of its committees may be in English or Māori. Prior
arrangement with the chairperson should be sought at least 2 working days before the meeting if the
petition is not in English. The chairperson may order that any petition be translated and/or printed in
another language.
3.20.4
Petition where presented by petitioner
Where a petition is presented by a petitioner, unless the local authority determines otherwise, a limit
of 5 minutes is placed on that person (see Standing Orders 3.15.1 and 3.15.2 regarding qualified
privilege). If the chairperson has reason to believe that the petitioner is disrespectful or offensive, or
has made statements with malice, the chairperson shall terminate presentation of the petition.
3.21
QUESTIONS
3.21.1
Questions to officers during debate
In the course of any debate at any local authority meeting, any member may, at the chairperson’s
discretion, ask any question of the relevant officer on any matter under debate. Such questions are to
be directed through the chair.
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4 APPENDICES
APPENDIX A
GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS IN TERMS OF THE
LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
(Normative)
A local authority may by resolution exclude the public from the whole or any part of the proceedings of
any meeting only on one or more of the following grounds:
A1 That the public conduct of the whole or the relevant part of the proceedings of the meeting would
be likely to result in the disclosure of information where such disclosure would be likely:
(a) To prejudice the maintenance of the law, including the prevention, investigation, and
detection of offences, and the right to a fair trial; or
(b) To endanger the safety of any person.
A2 That the public conduct of the whole or the relevant part of the proceedings of the meeting would
be likely to result in the disclosure of information where the withholding of the information is
necessary to:
(a) Protect the privacy of natural persons, including that of deceased natural persons; or
(b) Protect information where the making available of the information:
(i)
Would disclose a trade secret; or
(ii)
Would be likely unreasonably to prejudice the commercial position of the person
who supplied or who is the subject of the information; or
(c) In the case only of an application for a resource consent, or water conservation order, or a
requirement for a designation or heritage order, under the Resource Management Act 1991,
to avoid serious offence to tikanga Māori, or to avoid the disclosure of the location of wāhi
tapu; or
(d) Protect information which is subject to an obligation of confidence or which any person has
been or could be compelled to provide under the authority of any enactment, where the
making available of the information:
(i)
Would be likely to prejudice the supply of similar information, or information from
the same source, and it is in the public interest that such information should
continue to be supplied
Or
(ii)
Would be likely otherwise to damage the public interest; or
(e) Avoid prejudice to measures protecting the health or safety of members of the public; or
(f) Avoid prejudice to measures that prevent or mitigate material loss to members of the public;
or
(g) Maintain the effective conduct of public affairs through the protection of members, officers or
employees of any local authority from improper pressure or harassment; or
(h) Maintain legal professional privilege; or
(i) Enable the local authority holding the information to carry out, without prejudice or
disadvantage, commercial activities; or
(j) Enable the local authority holding the information to carry on, without prejudice or
disadvantage, negotiations (including commercial and industrial negotiations); or
(k) Prevent the disclosure or use of official information for improper gain or improper advantage.
33
Provided that where A2 of this Appendix applies the public may be excluded, unless, in the
circumstances of the particular case, the exclusion of the public is outweighed by other considerations
which render it desirable, in the public interest, that the public not be excluded.
A3 That the public conduct of the whole or the relevant part of the proceedings of the meeting would
be likely to result in the disclosure of information, the public disclosure of which would:
(a) Be contrary to the provisions of a specified enactment; or
(b) Constitute contempt of Court or of the House of Representatives.
A4 That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider
a recommendation made to the local authority by an Ombudsman under section 30(1) or section
38(3) of the Local Government Official Information and Meetings Act 1987 (in the case of a local
authority named or specified in the First Schedule to this Act).
A5 That the exclusion of the public from the whole or the relevant part of the proceedings of the
meeting is necessary to enable the local authority to deliberate in private on its decision or
recommendation in:
(a) Any proceedings before a local authority where:
(i)
A right of appeal lies to any Court or Tribunal against the final decision of the
local authority in those proceedings; or
(ii)
The local authority is required, by any enactment, to make a recommendation in
respect of the matter that is the subject of those proceedings; and
(b) Any proceedings of a local authority in relation to any application or objection under the
Marine Farming Act 1971.
34
APPENDIX B
SAMPLE RESOLUTION TO EXCLUDE THE PUBLIC
(Informative)
Section 48, Local Government Official Information and Meetings Act 1987.
I move that the public be excluded from the following parts of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for
passing this resolution in relation to each matter and the specific grounds under section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as
follows:
Item No
Minutes/report of:
General subject of Reason for passing Ground(s) under
each matter to be this resolution in section 48(1) for
considered
relation to each the passing of this
matter
resolution
1.
Report of the Chair Appointment of
Good reason to Section 48(1)(a)
of the Strategy and Directors – City withhold exists
Finance Committee. Services limited
under section 7
2.
. Report of the Northern
Good reason to Section 48(1)(a)
Sustainable
connection to Smith withhold exists
Transport and
Road. Purchase of under section 7
Utilities Committee Land
Meeting of
24/12/2003
3.
Report of the
Property purchase – Good reason to Section 48(1)(a)
Chairman of the 20 Smith Street
withhold exists
Parks, Gardens and
under section 7
Waterways
Committee
4.
Report of the
Recommendation
Good reason to Section 48(1)(a)
Council Hearings
on Submissions to withhold exists
Panel
Variation 100 to City under section 7
Proposed District
Plan
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information
and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of
that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public are as follows:
Item No:
1
Protection of privacy of natural persons (Section 7(2)(a))
2,3
Conduct of negotiations (Section 7(2)(i))
4
Prevention of improper advantage (Section 7(2)(j))
NOTE –
Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:
“(4) Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that
resolution (or copies thereof):
(a) Shall be available to any member of the public who is present; and
(b) Shall form part of the minutes of the local authority.”
35
APPENDIX C
POWERS OF THE CHAIRPERSON
(Normative)
This Appendix is intended to separately set out the chairperson’s powers which are contained in
various parts of the Model Standing Orders.
The provisions in the Model Standing Orders shall be authoritative. The relevant Model Standing
Orders are referred to in brackets.
C1 Chairperson to decide all questions
The chairperson is to decide all questions where these standing orders make no provision or
insufficient provision. The chairperson’s ruling is final and not open to debate.
(See Standing Order 3.3.2)
C2 Chairperson to decide points of order
The chairperson is to decide any point of order and may do so immediately after it has been raised or
may first hear further argument before deciding. The ruling of the chairperson upon any point of order
is not open to any discussion and is final. No point of order may be raised during a division except by
permission of the chairperson.
(See Standing Orders 3.13.3 and 3.13.6.)
C3 Items not on the agenda
Items not on the agenda may be dealt with at that meeting if so resolved by the local authority and the
chairperson explains at the meeting at a time when it is open to the public the reason why the item
was not listed on the agenda and the reason why discussion of the item cannot be delayed until a
subsequent meeting.
Minor matters not on the agenda relating to the general business of the local authority may be
discussed if the chairperson explains at the beginning of the meeting at a time when it is open to the
public that the item will be discussed at that meeting, but no resolution, decision or recommendation
may be made in respect of that item except to refer it to a subsequent meeting of the Council for
further discussion.
(See Standing Orders 3.7.5 and 3.7.6.)
C4 Chairperson’s report
The chairperson, by report, has the right to direct the attention of the local authority to any matter or
subject within the role or function of the local authority.
(See Standing Order 3.7.4.)
C5 Chairperson’s recommendation
The chairperson of any meeting may include on the agenda for that meeting a chairperson’s
recommendation regarding any item brought before the meeting. The purpose of such a
recommendation is to focus debate on a suggested motion.
(See Standing Order 3.7.7.)
C6 Chairperson’s voting
The chairperson at any meeting has a deliberative vote and, in the case of equality of votes, does not
have a casting vote. (Council resolution 5 November 2007)
(See Standing Order 2.5.21.)
C7 Motion in writing
The chairperson may require the mover of any motion or amendment to submit it in writing signed by
the mover.
(See Standing Order 3.9.4)
C8 Motion in parts
The chairperson may require any motion expressed in parts to be decided part by part.
(See Standing Order 3.9.5)
36
C9 Notice of motion
The chairperson may direct the chief executive to refuse to accept any notice of motion which:
(a) Is disrespectful or which contains offensive language or statements made with
malice; or
(b) Is not within the scope of the role or functions of the local authority; or
(c) Contains an ambiguity or statement of fact or opinion which cannot properly form
part of an effective resolution; and the mover has declined to comply with such
requirements as the chief executive may have made; or
(d) Is concerned with matters which are already the subject of reports or
recommendations from a committee to the meeting concerned.
Reasons for refusing a notice of motion should be provided to the proposer.
Where a notice of motion has been considered and agreed by the local authority, no notice of any
other motion which is, in the opinion of the chairperson, to the same effect may be put again whilst
such original motion stands.
(See Standing Orders 3.10.2 and 3.11.3)
C10 Action on previous resolutions
If in the opinion of the chairperson the practical effect of a delay in taking action on a resolution which
is subject to a notice of motion, until the proposed notice of motion has been dealt with by the local
authority, would be equivalent to revocation of the resolution, or if repetitive notices of motion are
considered by the chairperson to be an attempt by a minority to frustrate the will of the local authority,
action may be taken as though no such notice had been given.
(See Standing Order 3.9.16)
C11 Repeat notice of motion
If in the opinion of the chairperson, a notice of motion is substantially the same in purport and effect
to any previous notice of motion which has been considered and rejected by the local authority, no
such notice of motion may be accepted within six months of consideration of the first notice of motion
unless signed by not less than one third of the members of the local authority including vacancies.
(See Standing Order 3.11.1)
C12 Revocation or alteration of previous resolution
A chairperson may recommend in a report to the local authority the revocation or alteration of all or
part of any resolution previously passed, and the local authority meeting may act on such
recommendation.
(See Standing Order 3.9.18)
C13 Chairperson may call a meeting
The chairperson:
(a) May call a meeting to dispose of the business to be transacted following the lapsing of a
meeting due to failure of a quorum if such business cannot be delayed until the next ordinary
meeting;
(b) May requisition an extraordinary meeting to be held at a specified time and place in order to
conduct specified business;
(See Standing Orders 3.5.2, 2.14.1 and 2.14.2)
C14 Irrelevant matter and tedious repetition
The chairperson’s ruling preventing members when speaking to any motion or amendment from
introducing irrelevant matter or indulging in needless repetition is final and not open to challenge.
(See Standing Order 3.8.2)
37
C15 Taking down words
The chairperson may order words used and objected to by any member to be recorded in the minutes,
provided such objection is made at the time the words are used and not after any other members
have spoken.
(See Standing Order 3.8.4)
C16 Reading of speeches
The chairperson may permit members who request permission to do so, to read their speeches.
(See
Standing Order 3.8.5)
C17 Explanations
The chairperson may permit members to make a personal explanation in addition to speaking to a
motion, and members who have already spoken, to explain some material part of a previous speech in
the same debate.
(See Standing Orders 3.8.12 and 3.8.13)
C18 Chairperson rising
Whenever the chairperson rises during a debate any member then speaking or offering to speak is to
be seated and members are to be silent so that the chairperson may be heard without interruption.
(See Standing Order 3.3.3)
C19 Members may leave places
The chairperson may permit members to leave their place while speaking.
(See Standing Order 3.3.4)
C20 Priority of speakers
The chairperson shall determine the order in which members may speak when two or more members
indicate their wish to speak.
(See Standing Order 3.3.5)
C21 Minutes
The chairperson is to sign the minutes and proceedings of every meeting once confirmed. The
chairperson and chief executive are responsible for confirming the correctness of the minutes of the
last meeting of a local authority prior to the next election of members.
(See Standing Orders 3.17.1 and 3.18.2.)
C22 Questions of speakers
The chairperson may permit members to ask questions of speakers under public forum or tangata
whenua participation, for the purpose of obtaining information or clarification on matters raised by the
speaker.
(See Appendices F4 and G5)
C23 Withdrawal of offensive or malicious expressions
(a) The chairperson may call upon any member to withdraw any offensive or malicious expression and
may require the member to apologise for the expression.
(See Standing Order 3.3.11)
(b) Any member who refuses to withdraw the expression or apologise, if required by the chairperson,
can be directed to withdraw from the meeting for a time specified by the chairperson.
(See Standing
Order 3.3.12)
C24 Chairperson’s rulings
Any member who refuses to accept a ruling of the chairperson may be required by the chairperson to
withdraw from the meeting for a specified time.
(See Standing Orders 3.1.1 and 3.3.2)
C25 Disorderly behaviour
38
The chairperson may:
(a) Require any member or member of the public whose conduct is disorderly or who is creating a
disturbance to withdraw immediately from the meeting for a time specified by the
chairperson.
(See Standing Orders 3.3.13 and 3.16.1)
(b) Ask the meeting to hold in contempt any member whose conduct is grossly disorderly and
where the meeting resolves to find the member in contempt, that resolution must be recorded
in the minutes.
(See Standing Orders 3.3.14 and 3.3.15)
C26 Failure to leave meeting
If a member or member of the public who is required, in accordance with a chairperson’s ruling, to
leave the meeting, refuses or fails to do so, or having left the meeting, attempts to re-enter without the
permission of the chairperson, any member of the police or officer or employee of the local authority
may, at the chairperson’s request, remove or exclude that person from the meeting.
(See Standing Orders 3.3.16 and 3.16.2)
39
Appendix D
Motions & Amendments
(Normative)
Motions with amendments
Motions without amendments
Motion withdrawn by majority
decision (S.O. 3.9.2)
Motion proposed (Maximum 10
min) SO 3.8.6
Amendment (not direct negative)
proposed & seconded by persons
who have not yet spoken (Max 10
min mover and 5 min seconder)
(S.O. 3.9.6, 3.9.12)
Motion seconded (maximum 5 min
– seconder may reserve right to
speak later in the debate (S.O
Amendment discussed (Max 5
3.8.6, 3.8.1)
min per speaker. If 3 consecutive
speakers in support or opposition,
Chairperson may call for speaker
to the contrary and if none the
Amendment withdrawn by a
majority decision (S.O. 3.9.2)
motion shall be put . No right of
reply. (S.O 3.8.3 )
Motion discussed maximum 5 min
per speaker. If 3 consecutive
speakers in support or opposition,
Chairperson may call for speaker
Notice of intention to move further
to the contrary and if none the
amendment may be given
motion shall be put (S.O 3.8.3,
3.8.6)
Mover of original motion may
exercise right of reply here (max 5
min) (S.O. 3.8.9, 3.8.10)
Mover’s right of reply (Max 5 min)
(SO 3.8.9, 3.8.10)
Chairperson to put amendment
Chairperson to put motion
Amendment CARRIED (S.O.
3.9.10)
Amendment LOST (S.O. 3.9.9)
Motion carried or lost
Becomes substantive motion
Further relevant amendments
proposed & seconded by persons
who have not yet spoken (Max 10
min mover & 5min other speakers)
S.O. 3.9.6. 3.9.8)
No further discussion permitted
Further relevant amendments
proposed & seconded by persons
other than previous movers &
If CARRIED becomes substantive
seconders & discussed (Max 10
motion
min mover & 5 min for other
Revocation, alteration or
speakers (S.O. 3.9.6, 3.9.8)
modification permitted at same
meeting by ¾ majority if fresh facts
received during meeting
(SO 3.9.17)
If CARRIED substantive motion put
If LOST original motion put &
& CARRIED or LOST
CARRIED or LOST
40
APPENDIX E
TABLE OF PROCEDURAL MOTIONS
(Normative)
See Standing Orders 3.12.1 to 3.12.2.12 and 3.13.1 to 3.13.6
Motion Has
the
Is seconder Is discussion Are
Is mover of Are previous Can a
If lost, can Position if an Position if a Remarks
Chair
required?
in order?
amendments
procedural
participants
speaker be motion be amendment
procedural
discretion
in order?
motion
in debate
interrupted
moved after is already motion is
to refuse
entitled to entitled to by the mover an interval?
before the already before
this
reply?
move this of this
Chair
the Chair
motion?
motion?
motion?
(a) “That the
No
Yes
No
As to time and No
No
No
Yes – 15 If carried, If carried,
On resumption of
meeting be
date only
minutes
debate on debate on the debate, the
adjourned to the
the original original motion mover of the
next meeting. or
motion and and amendment adjournment
to a stated time
amendment
are adjourned.
speaks first.
and place”
are
Members who
adjourned.
have already
spoken in the
debate may not
speak again.
(b) “That the item
No
Yes
No
As to time and No
No
No
Yes – 15 If carried, If carried,
of business
date only
minutes
debate on debate on the
being discussed
the original original motion
be adjourned to
motion and and amendment
a stated time
amendment
are adjourned.
and place.”
are
adjourned.
(c) “That the
No
Yes
No
No
No
No
No
Yes – 15 If carried, If carried, only The mover of the
motion under
minutes
only the
the procedural motion under
debate be now
amendment
motion is put
debate is entitled
put (closure
is put.
to exercise a right
motion).”
of reply before
the motion or
amendment
under debate is
put.
41
Motion Has
the
Is seconder Is discussion Are
Is mover of Are previous Can a
If lost, can Position if an Position if a Remarks
Chair
required?
in order?
amendments
procedural
participants
speaker be motion be amendment
procedural
discretion to
in order?
motion
in debate
interrupted
moved after is already
motion is
refuse this
entitled to entitled to by the
an interval?
before the already before
motion?
reply?
move this mover of
Chair
the Chair
motion?
this motion?
(d) “That the
No
Yes
No
No
No
No
No
Yes – 15 If carried,
If carried,
meeting move
minutes.
debate on debate on the
directly to the
the original original motion
next business,
motion and and
superseding
amendment
amendment are
the item under
are
adjourned.
discussion.”
adjourned.
(e) “That the item
No
Yes
No
No
No
No
No
Yes – 15 If carried, the Motion not in
of business
minutes.
original
order
being
motion and
discussed does
amendment
lie on the table
are both laid
and not be
on the table.
further
discussed at
this meeting.”
(f) “That the item
No Yes No As
to
No
No
No
Yes – 15 If carried, the If carried, the
of business
committee,
minutes.
original
procedural
being
time for
motion and motion is
discussed be
reporting back
all
deemed
referred to the
etc. only.
amendments
disposed of.
relevant
are referred
committee.”
to the
committee.
(g) “Points of
No – but No
Yes – at No
No
Yes
Yes
No
Point of order Point of order See Standing
order.”
may rule
discretion of
takes
takes
Orders 3.13.1 to
against.
Chairperson.
precedence.
precedence.
3.13.6
42
APPENDIX F
PUBLIC FORUM
(Informative)
F1 Public forum
A period of up to 30 minutes, or such other time as the local authority may determine, will be set aside
for a public forum at the commencement of ordinary meetings of the local authority, committee and
subcommittee meetings which are open to the public. Each speaker during the public forum section of
a meeting, may speak for three minutes. (amend F1 to add
“At the discretion of the Chairperson” at
the beginning of the first sentence – Council resolution 05.11.2007)
F2 Time extension
Standing orders may be suspended on a vote of not less than 75% of those present, to extend the
period of public participation or the period any speaker is allowed to speak.
F3 Subjects of public forum
In respect of local authority, committee and subcommittee meetings, the public forum is to be
confined to those items falling within the terms of reference of that meeting, provided the matter is
not sub-judice.
NOTE — The public forum procedure does not apply in respect of any hearing, including the hearing of
submissions where the local authority, committee or subcommittee sits in a quasi-judicial capacity.
F4 Questions of speakers during public forum
With the permission of the chairperson, members may ask questions of speakers during the period
reserved for public forum. If permitted by the chairperson, questions by members are to be confined to
obtaining information or clarification on matters raised by the speaker.
43
APPENDIX G
ADDITIONAL PROVISIONS FOR TANGATA WHENUA
(Informative)
G1 Tangata whenua representation at meetings
Where representatives of the tangata whenua identify any item on the agenda for a meeting of a local
authority, committee or subcommittee which the tangata whenua wish to discuss, they may attend the
meeting for that purpose. These provisions do not apply to any meeting of the local authority,
committee or subcommittee which is sitting in a quasi-judicial capacity in respect of any matter to be
heard. (amend G1 to add
“At the discretion of the Chairperson” at the beginning of the first sentence
– Council resolution 05.11.2007)
G2 Speaking rights in addition to public forum
The right to speak at meetings of the local authority conferred by these provisions are in addition to
and separate from those rights of a public forum available in terms of Appendix F. (deleted – Council
resolution 05.11.2007)
G3 Tangata whenua representation at committees and subcommittees
Where representatives of the tangata whenua have, in accordance with clause F1, identified items
they wish to discuss at a meeting, they may be represented by such number of representatives as is
equal to the number of permanent members of that committee or subcommittee who are present at
that meeting.
G4 Tangata whenua speaking time
Representatives of the tangata whenua shall have the right to address any meeting of the local
authority, committee or subcommittee for a period of 15 minutes in total on any item or issue which
has been identified or initiated by the tangata whenua and listed for consideration at a meeting.
G5 Questions of speakers during tangata whenua participation
With the permission of the chairperson, members may ask questions of representatives of the tangata
whenua. If permitted by the chairperson, questions by members are to be confined to obtaining
information or clarification on matters raised by the speaker.
NOTE - The term “tangata whenua” is not mentioned in the Local Government Act 2002. The Act
refers to “Māori”.
44
APPENDIX H
PROVISION FOR CASTING VOTE
(Normative)
Where a local authority wishes to have a casting vote replace Standing Order 3.14.2(b) with
“in the case of equality of votes the chairperson has a casting vote.”
Casting vote provided for by Council resolution 05 November 2007
(clause 27, Schedule 7 of the Local Government Act 2002 applies)
45
