HORIZONS REGIONAL COUNCIL
CODE OF CONDUCT
  Part 1: The Horizons Regional Council Code of Conduct template
  Part 2: Draft policy for dealing with al eged breaches
  Part 3: Attachments

NOVEMBER 2022
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Horizons Regional Council Code of Conduct

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Horizons Regional Council Code of Conduct

Introduction Kupu whakataki
Congratulations on being elected as a member of local government. Your community has bestowed a
unique  and special honour  on you  to represent them and make  decisions on their behalf that will
provide benefit for current and future generations. It’s an honour that should not be taken lightly. The
way  you  conduct  yourself  while  participating  as  a  member  of  your  council  should  reflect  the
responsibility you have been given and requires you to be inclusive of all, respectful, and to uphold
the mana of your position.
The Code of Conduct is designed to ensure that the governance of our local authorities is undertaken
with the highest degree of integrity while also providing a safe and rewarding environment in which
all elected members can thrive.
All  councils  have  a  statutory  obligation  under  the  Local  Government  Act  2002,  to  adopt  a  code  of
conduct. This guide has been prepared to assist council in meeting that obligation and includes:
  A code of conduct template.
  A draft policy for assessing alleged breaches of the Code of Conduct.
  Supplementary information, including an overview of the legislation that sets standards for
ethical behaviour, criteria for assessing alleged breaches and actions that local authorities can
take where a complaint has been upheld.
Why a code of conduct? He aha te take o te tikanga whanonga?
Codes of conduct are common features in local government. They complement specific statutes, such
as  the  Local  Government  and  Meetings  Act  1987  (LGOIMA),  designed  to  ensure  openness  and
transparency. Codes of conduct are an important part of building community confidence in our system
and processes, and contribute to:
  good governance of the region,
  effective decision-making and community engagement,
  the credibility and accountability of the local authority to its communities, and
  a  culture  of  mutual  trust  and  respect  between  members  of  the  local  authority  and  with
management.
Codes of conduct should promote effective working relationships within a local authority and between
the authority and its community. It should promote free and frank debate which should in turn result
in good decision making.
Codes  of  conduct  are  not  a  means  of  preventing  members  from  expressing  their  personal  views
provided they are clearly signaled as personal views. Rather the code is designed to promote robust
debate and the expression of all views by providing a framework to ensure that debate is conducted
in a civil and respectful way.
A  code  of  conduct  sets  boundaries  on  standards  of  behaviour  and  provides  a  means  of  resolving
situations when elected members breach those standards.
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Horizons Regional Council Code of Conduct

Codes of conduct cannot stand alone
Codes  of  conduct  work  best  when  they  are  supported  by  other  mechanisms.  For  example,  codes
should be linked to other procedural documents, such as Standing Orders, which provide rules for the
conduct for meetings, while a code governs day-to-day and less formal relationships.
Matters to consider before adopting a code of conduct
To be effective a code needs to be “owned” by elected members; members must be comfortable with
the  content  and  the  processes  for  investigating  breaches.  Nothing  is  more  likely  to  promote  non-
compliance than elected members being expected to adhere to something they have had no input
into. To reinforce  the  importance of the  code, the Local Government Commission, in its report on
codes of conduct to the Minister of Local Government, recommends that the code is included in the
statutory briefing made at each local authority’s inaugural meeting.1
In addition, members should discuss the nature of good governance and the code at their council-
organised  induction  workshop,  usually  held  in  the  months  immediately  following  local  authority
elections.  It  is  also  recommended  that  a  review  of  the  code  is  undertaken  part  way  through  the
triennium, assisted by an independent facilitator.
Review and amendment
Once adopted, the code continues in force until amended by the council. It can be amended at any
time but cannot be revoked unless the council replaces it with another code. Amendments require a
resolution supported by 75 per cent of the council members present at the council meeting at which
the amendment is considered.
Council are encouraged to formally review their existing code and either amend or re-adopt it as soon
as practicable after the beginning of each triennium, to ensure that the code is fully endorsed by all
members.



1 Local Government Commission, Codes of Conduct: Report to the Minister of Local Government, September
2021  at  https://www.lgc.govt.nz/other-commission-wortk/current-proposals/view/report-to-the-minister-of-
local-government-september-2021/?step=main
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Horizons Regional Council Code of Conduct

Changes to the 2019 LGNZ Code of Conduct template
A significant change to the 2022 template is the focus on managing specific types of behaviours, such
as bullying or harassment, regardless of the place or platform on which the member is engaging, such
as social media, in meetings, or interactions between members. The following have also been added
to the template:
  An explicit description of unacceptable behaviours.
  An acknowledgement of Te Tiriti o Waitangi as the foundational document for Aotearoa New
Zealand and a description of Te Tiriti principles and how they apply to council.
  An acknowledgement of the principles of good governance (the Nolan principles), drawn from
the  UK  Government’s  Committee  on  Standards  in  Public  Life  and  the  findings  of  the  1994
Nolan Inquiry2
  An amended approach to investigating and assessing alleged breaches designed to ensure the
process is independent and focused on serious rather than minor or trivial complaints.



2 https://www.gov.uk/government/publications/the-7-principles-of-public-life
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Horizons Regional Council Code of Conduct

Part One:  Code of Conduct Wāhanga Tuatahi:  Anga Tikanga
Whanonga
The  Horizons  Regional  Council  Code  of  Conduct  has  been  adopted  in  accordance  with  the
requirements of the Clause 15, Schedule 7 of the LGA 2002, which requires every local authority to
adopt a code of conduct for members of the local authority.
Members’ commitment Ngā herenga a ngā mema
These commitments apply when conducting the business of the local authority as its
representative or the representative of an electorate, and communicating with other
members, the media, the public, or staff. By adopting the Code of Conduct members
agree that they will:
1.  treat all people fairly,
2.  treat all other members, staff, and members of the public, with respect,
3.  share with the local authority any information received that is pertinent to
the ability of the local authority to properly perform its statutory duties,
4.  operate  in  a  manner  that  recognises  and  respects  the  significance  of  the
principles of Te Tiriti o Waitangi,
5.  make it clear, when speaking publicly, that statements reflect their personal
view, unless otherwise authorised to speak on behalf of the local authority,
6.  take all reasonable steps to equitably undertake the duties, responsibilities,
and workload expected of a member,
7.  not bully, harass, or discriminate unlawfully against any person,
8.  not bring the local authority into disrepute,
9.  not use their position to improperly advantage themselves or anyone else or
disadvantage another person,
10. not compromise, or attempt to compromise, the impartiality of anyone who
works for, or on behalf of, the local authority,
11. not disclose information acquired, or given, in confidence, which they believe
is of a confidential nature.
Please note: a failure to act in accordance with these commitments may result in a
complaint being taken against you.
The Code of Conduct sets standards for the behaviour of members towards other members, staff, the
public, and the media. It is also concerned with the disclosure of information that members receive in
their capacity as members. Members of a local authority must comply with the Code of Conduct of
that local authority. More detail explaining the Code of Conduct is set out in Appendix 1.

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Horizons Regional Council Code of Conduct

A copy of clause 15 of Schedule 7 of the LGA, which sets out the requirements for a code of conduct,
is contained in Appendix 2.
Appendix 1: The Code of Conduct explained He whakamārama
mō te Tikanga Whanonga
1.  Definitions
For the purposes of this Code “member” means an elected or appointed member of:
  the governing body of the local authority,
  any committee or sub-committee of the local authority,
  any local board of the local authority, or
  any community board of the local authority.
Local authority means the council, local board or community board which has adopted this Code.
2.  Te Tiriti o Waitangi
The council commits to operating in a manner that recognises and respects the significance of the
principles of Te Tiriti o Waitangi and acknowledges the following principles:
1.  Tino  Rangatiratanga:  The  principle  of  self-determination  provides  for  Māori  self-
determination and mana motuhake. This requires local authorities to be open to working with
mana whenua partners in the design and delivery of their work programmes,
2.  Partnership: The principle of partnership implies that local authorities will seek to establish a
strong  and  enduring  relationship  with  iwi  and  Māori,  within  the  context  of  iwi  and  Māori
expectations. Council should identify opportunities, and develop and maintain ways, for Māori
to contribute to council decisions, and consider ways council can help build Māori capacity to
contribute to council decision-making,
3.  Equity: The principle of equity requires local authorities to commit to achieving the equitable
delivery of local public services,
4.  Active  protection:  The  principle  of  active  protection  requires  local  authorities  to  be  well
informed on the wellbeing of iwi, hapū and whanau within their respective rohe,
5.  Options:  The  principle  of  options  requires  local  authorities  to  ensure  that  its  services  are
provided in a culturally appropriate way that recognises and supports the expression of te ao
Māori.

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Horizons Regional Council Code of Conduct

3.  Principles of good governance
Members recognise the importance of the following principles of good governance.
  Public interest: members should act solely in the public interest.
  Integrity: members should not act or take decisions to gain financial or other benefits for
themselves, their family, or their friends, or place themselves under any obligation to people
or organisations that might inappropriately influence them in their work.
  Tāria te wā and kaitiakitanga/stewardship: members should use long-term perspective when
making decisions. Decisions, which impact on past, current and future generations, also affect
collective well-being.
  Objectivity: members should act and take decisions impartially, fairly, and on merit, using the
best evidence and without discrimination or bias.
  Accountability: members will be accountable to the public for their decisions and actions and
will submit themselves to the scrutiny necessary to ensure this.
  Openness: members should act and take decisions in an open and transparent manner and
not  withhold  information  from  the  public  unless  there  are  clear  and  lawful  reasons  for  so
doing.
  Honesty: members should be truthful and not misleading.
  Leadership: members should not only exhibit these principles in their own behaviour but also
be willing to challenge poor behaviour in others, wherever it occurs.
4.  Behaviours
To promote good governance and build trust between the local authority, its members, and citizens,
members agree to the following standards of conduct when they are:
  conducting the business of the local authority,
  acting as a representative of the local authority,
  acting as a representative of their electorate,
  communicating with other members, the media, the public and staff, and
  using social media and other communication channels.3
Where a member’s conduct falls short of these standards, members accept that they may be subject
to a complaint made under the council’s “Policy for alleged breaches of the Code of Conduct”.



3 Please refer to the Guidelines for the responsible use of social media in the LGNZ Good Governance Guide
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Horizons Regional Council Code of Conduct

Respect
Members will treat all other members, staff, and members of the public, with respect.
Respect means politeness and courtesy in behaviour, speech, and writing. Debate and differences are
all  part  of  a  healthy  democracy.  As  a  member of  a  local  authority  you  can  challenge,  criticise  and
disagree with views, ideas, opinions and policies in a robust but civil manner. You must not, however,
subject individuals, groups of people or organisations to personal attack.
In your contact with the public, you should treat them politely and courteously. Offensive behaviour
lowers the public’s expectations of, and confidence in, your local authority. In return, you have a right
to  expect  respectful  behaviour  from  the  public.  If  members  of  the  public  are  being  abusive,
intimidatory  or  threatening,  you  are  entitled  to  stop  any  conversation  or  interaction  in  person  or
online and report them to the local authority, the relevant social media provider or the police.
Bul ying, harassment, and discrimination
Members will treat all people fairly and will not:
  bully any person,
  harass any person, or
  discriminate unlawfully against any person.
For  the  purpose  of  the  Code  of  Conduct,  bullying  is  offensive,  intimidating,  malicious,  or  insulting
behaviour. It represents an abuse of power through means that undermine, humiliate, denigrate, or
injure another person. It may be:
  a regular pattern of behaviour, or a one-off incident,
  occur face-to-face, on social media, in emails or phone calls, happen in the workplace, or at
work social events, and
  may not always be obvious or noticed by others.
Harassment means conduct that causes alarm or distress, or puts people in fear of violence, and must
involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted
communications and contact upon a person in a manner that could be expected to cause distress or
fear in any reasonable person.

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Horizons Regional Council Code of Conduct

Unlawful  discrimination  occurs  when  a  person  is  treated  unfairly,  or  less  favourably,  than  another
person because of any of the following4:
age
skin, hair, or eye colour
race
disability
employment status
ethical belief
ethnic or national origin
family status
marital status
political opinion
religious belief
gender identity
sex
sexual orientation.

Sharing information
Members will share with the local authority any information received that is pertinent to the ability of
the local authority to properly perform its statutory duties.
Occasionally members will receive information in their capacity as members of the governing body,
which is pertinent to the ability of their council to properly perform its statutory duties.  Where this
occurs members will disclose any such information to other members and, where appropriate, the
chief executive. Members who are offered information on the condition that it remains confidential
will inform the person making the offer that they are under a duty to disclosure such information, for
example, to a governing body meeting in public exclusion.
Expressing personal views publicly
Members, except when authorised to speak on behalf of the local authority, will make it clear, when
speaking  to  the  media,  on  social  media,  or  in  hui  and  presentations,  that  statements  reflect  their
personal view.
The  media  play  an  important  role  in  the  operation  and  efficacy  of  our  local  democracy  and  need
accurate and timely information about the affairs of the local authority to fulfil that role. Members
are free to express a personal view to the media and in other public channels at any time, provided
the following rules are observed:
  they do not purport to talk on behalf of the local authority, if permission to speak on behalf
of the authority has not been given to them
  their comments must not be inconsistent with the Code, for example, they should not disclose
confidential information or criticise individual members of staff, and


4  See  Human  Rights  Commission  https://www.govt.nz/browse/law-crime-and-justice/human-rights-in-
nz/human-rights-and-freedoms/
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Horizons Regional Council Code of Conduct

  their comments must not purposefully misrepresent the views of the local authority or other
members.
Members  will  abide  by  the  social  media  protocols  described  in  Attachment  A,  LGNZ’s  Good
Governance  Guide,  (attached  at  the  end  of  this  document)  and  also  available  at
https://www.lgnz.co.nz/assets/Induction/The-Good-Governance-Guide.pdf.
Members guidelines (from Horizons Regional Council’s media policy)
The Chair is the designated spokesperson for Council on governance matters such as council decisions.
When absent, media enquiries will be referred to the Chair’s elected deputy.
The Chair may suggest another Council member or relevant committee chairperson as spokespeople
for  some  specific  issues.  A  committee  chairperson  may  comment  on  matters  relating  to  his/her
committee, and the subsequent council decisions.
Council members are free to express a personal view in the media at any time provided the following
rules (as stated in their Code of Conduct) are observed:
  Media comments must neither state nor imply that they represent the views of the Council or
operational matters;
  Where a member is making a statement contrary to a Council decision or Council policy, the
member must not state or imply that his or her statements represent a majority view;
  When a member is making a statement in the media that is his or her personal opinion about
a Council matter, the statement needs to be identified as such;
  Comments  to  the  media  must  not  disclose  confidential  information,  or  compromise  the
impartiality or integrity of Horizons’ staff;
  Media interviews and commentary should be reported to the Media and Communications
Manager via a short email so that potential stories can be researched, recorded, and followed
up.   The  email could contain the following information; name of reporter and paper, story
angle and expected publication or broadcast.
  Special  circumstances  apply  for  the  three  months  leading  up  to  local  body  elections.  The
Auditor-General’s  office  requires  Horizons  to  not  promote  existing  Councillors  during  this
period  as  it  could  result  in  an  electoral  advantage.  This  includes  media  opportunities  and
Council publications above and beyond business as usual-such as committee spokespeople.
Instead, management will be quoted for matters that still need to be communicated during
this time.
Provide equitable contribution
Members  will  take  all  reasonable  steps  to  equitably  undertake  the  duties,  responsibilities,  and
workload expected of them.
Being a member is a position of considerable trust, given to you by your community to act on their
behalf. To fulfil the expectations of your constituents and contribute to the good governance of your
area it is important that you make all reasonable efforts to attend meetings and workshops, prepare
for meetings, attend civic events, and participate in relevant training seminars.
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Horizons Regional Council Code of Conduct

The local government workload can be substantial, and it is important that every member contributes
appropriately. This requires members to often work as a team and avoid situations where the majority
of the work falls on the shoulders of a small number of members.
Disrepute
Members will not bring the local authority into disrepute.
Member are trusted to make decisions on behalf of their communities and as such their actions and
behaviours are subject to greater scrutiny than other citizens. Members’ actions also reflect on the
local authority as well as themselves and can serve to either boost or erode public confidence in both.
Behaviours that might bring a local authority into disrepute, and diminish its ability to fulfil its statutory
role, include behaviours that are dishonest and/or deceitful. Adhering to this Code does not in any
way  limit  a  member’s  ability  to  hold  the  local  authority  and  fellow  members  to  account  or
constructively  challenge  and  express  concerns  about  decisions  and  processes  undertaken  by  their
local authority.
Use of position for personal advantage
Members will not use, or attempt to use, their position to improperly advantage themselves or anyone
else, or disadvantage another person.
Being a member of a local authority comes with certain opportunities and privileges, including the
power  to  make  choices  that  can  impact  on  others.  Members  must  not  take  advantage  of  such
opportunities to further their own or others’ private interests or to disadvantage anyone unfairly. A
member  found to have  personally benefited by information gained as an elected member may  be
subject to the provisions of the Secret Commissions Act 2010.
Impartiality
Members will not compromise, or attempt to compromise, the impartiality of anyone who works for,
or on behalf of, the local authority.
Officers work for the local authority as a whole and must be politically neutral (unless they are political
assistants).  They  must  not  be  coerced  or  persuaded  to  act  in  a  way  that  would  undermine  their
neutrality.  Members  can  question  officers  to  gain  understanding  of  their  thinking  and  decision-
making, however, they must not seek to influence officials to change their advice or alter the content
of  a  report,  other  than  in  a  meeting  or  workshop,  if  doing  so  would  prejudice  their  professional
integrity. Members should:
  make themselves aware of the obligations that the local authority and chief executive have as
employers  and  always  observe  these  requirements,  such  as  the  obligation  to  be  a  good
employer, and
  observe  any  protocols  put  in  place  by  the  chief  executive  concerning  contact  between
members and employees, and not publicly criticise individual staff.
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Horizons Regional Council Code of Conduct

If you have concerns about the behaviour of an official, whether permanent or contracted, you should
raise your concerns with the local authority’s chief executive, or, if the concerns are to do with the
chief executive, raise them with the, the council chair, or chief executive performance committee.
Maintaining confidentiality
Members will not disclose information acquired, or given, in confidence, which they believe is of a
confidential nature, unless.
1.  they have the consent of a person authorised to give it,
2.  they are required by law to do so,
3.  the disclosure is to a third party to obtain professional legal advice, and that the third party
agrees not to disclose the information to any other person, or
4.  the disclosure is reasonable and in the public interest, is made in good faith, and in compliance
with the reasonable requirements of the local authority.
.

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Horizons Regional Council Code of Conduct

Appendix 2: Requirement for a code of conduct Te herenga kia
whai tikanga whanonga
Clause 15, Schedule 7 of the Local Government Act 2002 requires every local authority to adopt a code
of conduct for members of the local authority. It states:
15 Code of conduct
A  local  authority  must  adopt  a  code  of  conduct  for  members  of  the  local  authority  as  soon  as
practicable after the commencement of this Act.
The code of conduct must set out –
1.  understandings and expectations adopted by the local authority about the manner in which
members may conduct themselves while acting in their capacity as members, including:
a.  behaviour towards one another, staff, and the public; and
b.  disclosure  of  information,  including  (but  not  limited  to)  the  provision  of  any
document, to elected members that –
i.  is received by, or is in possession of, an elected member in his or her capacity
as an elected member; and
ii.  relates to the ability of the local authority to give effect to any provision of
this Act; and
c.  a general explanation of –
i.  the Local Government Official Information and Meetings Act 1987; and
ii.  any other enactment or rule of law applicable to members.
2.  A local authority may amend or replace its code of  conduct but may not revoke it without
replacement.
3.  A member of a local authority must comply with the code of conduct of that local authority.
4.  A local authority must, when adopting a code of conduct, consider whether it must require a
member or newly elected member to declare whether or not the member or newly elected
member is an undischarged bankrupt.
5.  After the adoption of the first code of conduct, an amendment of the code of conduct or the
adoption of a new code of conduct requires, in every case, a vote in support of the amendment
of not less than 75% of the members present.
6.  To avoid doubt, a breach of the code of conduct does not constitute an offence under this Act.

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Horizons Regional Council Code of Conduct

Part 2: Policy for dealing with alleged breaches of the Code
Te kaupapahere hei whakahaere i ngā whakapae i takahia te Tikanga
Introduction
In  its  2006  report  on  codes  of  conduct,  the  Office  of  the  Auditor  General  (OAG)  noted  that  many
councils  lacked  a  process  for  distinguishing  between  trivial  and  serious  breaches  of  the  code  and
consequently spent considerable time and resource hearing complaints on inconsequential matters.
Many other issues have also arisen, such as:
  failure to adequately guard against the risk of members with an interest in a complaint taking
part in the decision on whether or not to uphold a complaint,
  examples  of  members  of  the  public  making  complaints  about  the  behaviour  of  individual
members for reasons that appear to be more concerned with settling ‘political’ differences,
and
  lack of preparedness. Many councils discover, when faced with a code of conduct complaint,
that they have failed to establish in advance the processes for handling the complaint, thus
exacerbating the original issue.
Processes  need  to  be  put  in  place  for  investigating  and  resolving  breaches  of  the  code  and  the
principles of natural justice must apply to the investigation, assessment and resolution of complaints
made under the code.
Public Interest
In their report on codes of conduct, the Local Government Commission noted a lack of consistency in
the way in which information about complaints and sanctions is communicated to the public. It stated
that “codes should provide for the proactive release of investigation outcomes in a timely manner and
consistent  fashion,  in  line  with  LGOIMA”  (LGC  p.16).5  Reflecting  the  Commission’s  sentiments,  the
draft template for dealing with alleged breaches does not require minor breaches, or those that can
be  resolved  through  mediation,  to  be  reported  to  the  council.  Maintaining  confidentiality  should
reduce the incentive to use a code of conduct for political purposes.
Where a complaint has been referred to an independent investigator the draft policy recommends
that  the  investigator’s  full report  should  be  tabled  at  a  council  meeting  and  that  should  be  public
unless grounds to exclude the public exist. This reflects the likelihood that complaints that have been
found to be material, and which have not been able to be resolved through mediation, or less, will of
necessity be of high public interest.


5 Local Government Commission, Codes of Conduct: Report to the Minister of Local Government, September
2021  at  https://www.lgc.govt.nz/other-commission-wortk/current-proposals/view/report-to-the-minister-of-
local-government-september-2021/?step=main
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Horizons Regional Council Code of Conduct

Applying a penalty or sanction under the Code of Conduct should ideally be the last, rather than the
first  response.    Most  situations  should  be  able  to  be  resolved  without  the  need  for  sanctions  –
frequently an apology is all it will take to resolve an issue.
Matters to consider when adopting a policy for dealing with al eged breaches
Having  adopted  the  Code  of  Conduct  members  should  consider adopting  a  policy  for  dealing with
alleged breaches of the code. A policy to investigate and assess alleged breaches needs to be tailored
to the circumstances of each council, given the diversity in capacity, resources, and cultural context.
The following policy template sets out procedures for investigating and assessing alleged breaches of
the Code of Conduct. To ensure the policy is appropriate for the different scale and circumstances of
council, the template provides a range of procedural options that need to be considered before the
Policy should be adopted. The options are:
Decision 1 - A single step or two step assessment process?
This option is concerned with the process that should be followed once a complaint is received. Both
are independent of the local authority; however the two-step process is designed to quickly address
those complaints that have a low level of materiality, and with a minimum expense to the  council.
(See Attachment 3.3 for guidance on selecting the initial assessor and independent investigator.)
1.  A single step process,  in which the chief executive refers all complaints to an independent
investigator  who  determines  whether  the  complaint  is  valid  and,  if  so,  recommends  an
action(s) appropriate to the level of materiality or significance of the breach.
2.  A two-step process, in which the chief executive refers all complaints to an initial assessor
who determines whether the complaint is valid and, if so, can refer the complaint to a chair
or  recommend  that  the  parties  undertake  mediation.  Where  the  nature  of  a  breach  is
significant and where mediation is not an option (or not agreed to) then the initial assessor
will refer the complaint to an independent investigator, who may also re-assess the complaint.
Please Note: The LGNZ template employs the two-step process which will need to be removed if a
council chooses a single step process, or a third option.
Decision 2 – Binding or non-binding recommendations from an investigator?
A key principle is that the process for investigating an alleged breach must be politically independent
and  be  seen  to  be  so.  The  proposal  for  investigating  and  making  recommendations  is  designed  to
achieve that independence, however, the perception of independence and objectivity may be lost if
it is elected members who decide the nature of the action to be taken when a complaint is upheld,
particularly in councils with small numbers of elected members.
One  solution  is  for  a  local  authority  to  agree  to  be  bound  by  an  independent  investigator’s
recommendations.  A slight variation would be to create an independent committee to consider an
independent investigator’s recommendations and either endorse or amend them. The local authority
would agree to be bound by that external committee’s recommendations.
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Please note: The draft template policy (below) makes an investigator’s recommendations binding as
the default. Before adopting the template, local authorities need to make sure they are comfortable
with this option or amend it as appropriate.
Process for adopting a policy for dealing with alleged breaches
Whether discussed at a council’s induction, a stand-alone workshop, or at a local authority meeting,
choices are available, for example:
  The Code of Conduct may be adopted without a policy for dealing with breaches, which may
be left for further discussion at a later date.
  The Code of Conduct and the breach policy are adopted together, after members have made
decisions about the investigation process (one or two step) and recommendations (binding or
not) have been made.
The Attachments (set out in Part 3) are not part of the Code of Conduct or the breach policy, except
where  they  are  referenced  explicitly.  They  have  been  prepared  to  assist  members  and  officials
implement the Code of Conduct and the breach policy.

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Horizons Regional Council Code of Conduct

The Horizons Regional Council policy for investigating and
ruling on alleged breaches of the Code of Conduct
Te kaupapahere o te Kaunihera o Horizons Regional Council hei
tirotiro me te whakatau i ngā whakapae kua takahia te Tikanga
Whanonga
Principles
The following principles will guide the investigation into, and assessment of, complaints made against
a member for breaching the Code of Conduct:
  The complaints process will be independent, impartial, and respect members’ privacy.
  Members will be given due notice than an investigation is underway and will be provided with
an opportunity to be heard.
  Members will have a right to seek independent advice, be represented, and, if they choose,
be accompanied by a support person throughout the process.
  Complaints will be resolved at the lowest level of resolution as possible, with priority given to
finding a mediated settlement.
  Complainants, and members subject to a complaint, will have access to advice and support
for the time it takes to find a resolution6.
Who can make a complaint?
The Code of Conduct is designed to be a self-regulatory instrument and complaints regarding a breach
of  the  Code  can  only  be  made  by  members  themselves,  or  the  chief  executive,  who  can  make  a
complaint on behalf of their staff. On receipt of a complaint, the chief executive must forward the
complaint to an independent person, either an independent investigator or an initial assessor, for an
assessment.
Role of the initial assessor7
On receipt of a complaint an initial assessor will undertake an assessment to determine the relative
merit  and  seriousness  of  the  complaint,  and  the  nature  of  the  subsequent  process  that  will  be
followed. The complaint may be dismissed if the initial assessor finds them to be trivial, vexatious,
frivolous, or politically motivated.



6 For example, by enabling both parties to access a council’s Employee Assistance Programme (EAP) or elected
members’ equivalent.
7 See Attachment 3.2 for advice on the appointment of an Initial Assessor.
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If a complaint is not dismissed, the initial assessor (or independent investigator in a one-step process)
may initiate one of the following:
1
Refer to a chair
In the case of a breach that is not serious or amendable to mediation, the initial assessor may refer
the person responsible for the alleged breach to the chair for their advice and guidance. These will not
be reported to the local authority. A meeting or meetings with the chair will be regarded as sufficient
to  resolve  the  complaint.  Where  a  member  is  referred  to  the  chair,  the  initial  assessor  may  also
recommend, for the chair’s consideration:
  That the member attends a relevant training course.
  That the member work with a mentor for a period.
  That the member tenders an apology.
2
Mediation
If the complaint concerns a dispute between two members, or between a member and another party,
the  initial  assessor  may  recommend  mediation.  If  mediation  is  agreed  by  both  parties,  then  its
completion will represent the end of the complaints process. The outcomes of any mediation will be
confidential and, other than reporting that a complaint has been resolved through mediation, there
will be no additional report to the local authority unless the complaint is referred to an independent
investigator, usually due to a failure of the mediation.
3
Refer to an independent investigator
Where the initial assessor finds that the complaint is serious or no resolution can be reached and/or
mediation is refused, the initial assessor will refer the complaint to an independent investigator. The
independent investigator will be selected from the local authority’s independent investigators’ panel
assembled by the  chief executive, or an independent  investigator service  that is contracted to the
council.  Complaints that involve a chair or chief executive will be referred directly to the independent
investigator.
Complaints that are dismissed, referred to a chair, or resolved by mediation, will not be reported to
the local authority.

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Role of the independent investigator8
The independent investigator will:
  determine whether a breach has occurred,
  if so, determine the seriousness of the breach, and
  determine actions that a local authority should take in response to the breach.
Any recommended actions made in response to a complaint that has been upheld are binding on the
local authority. This is to ensure  the process for investigation is free of any suggestion of bias and
reduces the cost of the complaints process, by reducing the time spent on it, by members and officials.
Determining the significance of an alleged breach
The independent investigator may take whatever actions they need to determine the significance of
a complaint, within the budgetary constraints set down, including re-assessing the complaint.
The independent investigator will undertake an investigation appropriate to the scale of the breach,
which may include interviews with other affected parties, and prepare a report for the chief executive
which will set out the rationale for their findings and may include recommendations for resolving the
breach and appropriate penalties.
When considering the issue of significance, the independent investigator will need to consider a range
of factors before deciding, such as:
  Was the breach intentional or unintentional?
  Did it occur once or is there a pattern of recurring behaviour?
  Does the breach have legal or financial ramifications for the council?
  What is the impact of the breach on other elected members, on kaimahi (officials) and on the
community in general?
Independent investigator can make a binding rule
On completing their investigation, an independent investigator may dismiss a complaint or make a
binding ruling which the governing body will implement. The independent investigator’s ruling will be
contained in a report to the council’s chief executive which will form the basis of a consequent report
to the governing body to inform them of the decision and the actions that they may be required to
take.
Please note: All actions taken in the implementation of a policy must be consistent with the Bill of
Rights Act 1990. No appeal right is included in the Code of Conduct. Members who are unhappy with
an independent investigator’s decision have access to judicial review and/or the Ombudsman’s Office.


8 See Attachment 3.2 for advice on the appointment of an Independent Investigator.
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Horizons Regional Council Code of Conduct

Costs and support
Council must ensure that members who make a complaint are not left to meet any costs created by
doing so. Members, those who make complaints, and those who are subject to a complaint, should
be given appropriate and reasonable support.
The costs of assessment and investigatory services will be met by the relevant council.
Part 3: Attachments Ngā tāpiritanga
3.1: Process for determining and investigating complaints Te tukanga whakatau
me te tirotiro i ngā amuamu
Step 1: Chief executive receives complaint
All complaints made under this Code of Conduct must be made in writing and forwarded to the chief
executive who will refer the complaint to the initial assessor. The chief executive will also:
  inform  the  complainant  that  the  complaint  has  been  referred  to  the  independent  person
(named) and refer them to the process for dealing with complaints as set out in the Code of
Conduct; and
  inform the respondent that a complaint has been made against them and the name of the
independent investigator overseeing the process and refer them to the policy for dealing with
complaints as set out in the Code of Conduct.
Step 2: Initial assessor makes an assessment and arranges mediation
1.  The  initial  assessor  will  undertake  an  assessment  of  the  merits  of  the  complaint.  If  they
consider it is not valid, the complaint will be dismissed. The complainant will have no recourse
or  appeal.  Grounds  for  concluding  that  a  complaint  has  no  merit  include  that  it  is  trivial,
vexatious, frivolous, or politically motivated.
2.  If deemed to have merit, the initial assessor will contact the parties to seek their agreement
to  independently  facilitated  mediation.  If  the  parties  agree  and  the  issue  is  resolved  by
mediation the matter will be closed and no further action is required.
3.  If the parties do not agree to mediation, or mediation is unsuccessful in resolving the matter,
the initial assessor will refer the complaint to an  independent investigator selected from a
panel established by the chief executive at the start of the triennium, or service contracted to
the local authority. The initial assessor will also inform the complainant and the respondent
that the complaint has been referred to the independent investigator and the name of the
independent investigator.

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Horizons Regional Council Code of Conduct

Step 3: Independent investigator to inquire and conclude on the matter
If the complaint  is found to be  a breach of the  Code  of Conduct  the  independent  investigator will
inform  the  initial  assessor,  who  will  inform  the  complainant  and  respondent.  The  independent
investigator will then assess the nature and effect of the breach and prepare a report for the council
on  the  seriousness  of  the  breach  and  recommend  actions  commensurate  with  that  breach.  In
preparing that report the independent investigator may:
  consult with the complainant, respondent, and any affected parties,
  undertake a hearing with relevant parties, and/or
  refer to any relevant documents or information.
At any stage in their inquiry the independent investigator may find that a breach has not occurred, or
the matter should be referred to a relevant agency. If this is the case the independent investigator will
inform  the  initial  assessor  who  will  inform  the  complainant  and  respondent  that  the  complaint  is
dismissed or has been referred to a relevant named agency.
On receipt of the independent investigator's report the chief executive, or initial assessor, will prepare
a report for the council, which will meet to consider the findings and implement any recommended
actions. The report will include the full report prepared by the investigator.
Step 4: Process for considering the investigator's report
The process for responding to the independent investigator’s report will vary according to the adopted
Policy for determining and investigating complaints.
Process if the independent investigator’s recommendations are binding
Where the council’s policy for determining and investigating complaints provides for an independent
investigator’s recommendations to be binding on the local authority, then:
  the chief executive’s report, containing the independent investigator’s recommendations and
their full report, will be presented to the governing body for its information only.
  The chief executive’s report may also outline the plan for the report’s public release, for the
governing body’s information and comment.
  The report will be received in public meeting unless grounds, such as s.48 LGOIMA, exist for
the exclusion of the public.

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Horizons Regional Council Code of Conduct

Process if the independent investigator’s recommendations are non-binding
Where  the  council’s  Policy  for  determining  and  investigating  complaints  give  an  independent
investigator the power to make recommendations to the local authority, then:
  the chief executive’s report, containing the independent investigator’s recommendations and
report, will be presented to the governing body, or committee/sub-committee with delegated
authority to consider code of conduct complaints,
  The governing body, or local/community board, will ensure that members with an interest in
the  complaint  are  not  present  during  the  discussion  on  the  independent  investigator’s
recommendations.
  The report will be received in public meeting unless grounds, such as s.48 LGOIMA, exist for
the exclusion of the public.
  The chief executive’s report may also outline the plan for the report’s public release, for the
governing body’s information and comment.
  The governing body, local/community board, or committee/sub-committee with delegated
authority,  may  accept  the  investigator’s  recommendations  or,  if  they  believe  it  is  justified,
amend the independent investigator’s recommendations. As part of these considerations the
complainant may  be  asked to appear  before the governing body, board or committee  and
answer questions from members.
  The penalty or sanction that might be applied will depend on the seriousness of the breach
and may include actions set out in Attachment Three.

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Horizons Regional Council Code of Conduct

3.2: Selecting the initial assessor and independent investigator Te kōwhiri i te
tangata motuhake me te kaitirotiro motuhake
Selecting an initial assessor
The  chief  executive  is  responsible  for  this.  In  selected  the  initial  assessor,  the  chief  executive  will
consult with the local authority.
The initial assessor should be a person, or a position, that is independent of a local authority’s political
governance, while also being easily accessible, as their role is crucial if complaints are to be expedited
quickly and without controversy. For example:
  The external appointee on a council’s Audit and Risk Committee.
  A member of staff, such as an internal ombudsman or ethics adviser, as long as they have
operational independence from the chief executive (similar to the independence afforded an
Electoral Officer).
  A retired local authority chief executive.
  A retired local authority politician.
  A member of the public with relevant experience and competency.
Selecting an independent investigator9
The chief executive is responsible for compiling a panel or list of independent investigators.
At the beginning of each triennium the chief executive, in consultation with the council, will compile
a list of independent investigators. In selecting them, a chief executive may consider:
  the council’s legal advisers,
  a national service specialising in public sector integrity,
  a national service providing assessment and investigation services, or
  an individual with relevant skills and competencies.
Please note: Given the litigious nature of some code of conduct disputes independent investigators
should have  relevant liability insurance, provide on their own behalf or by the local authority. The
chief  executive  also  needs  to  ensure  that  investigations  are  undertaken  within  budgetary  limits
negotiated in advance.



9  At  time  of  publication  LGNZ  is  exploring  options  for  the  establishment  of  a  national  investigation  and
assessment service.
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Horizons Regional Council Code of Conduct

3.3: Actions that may be applied when a breach has been confirmed Ngā mahi
ka whāia pea ina whakatauhia tētahi takahanga
Where a complaint that the Code of Conduct was breached has been upheld, any actions taken against
the member found to be in breach should be consistent with the following principles.
•
Actions should be commensurate with the seriousness of the breach.
•
Actions  should  be  applied  in  a  manner  that  is  culturally  appropriate  and  safe  for  the
members involved.
•
Actions  should,  to  the  degree  practical,  contribute  to  an  inclusive  culture  in  the  local
authority by focusing on constructive mediation, learning, and member improvement.
In determining a response to a breach of the Code of Conduct, one or more of the following could be
selected:
1.  That no action is required.
2.  That the member meets with the chair for advice.
3.  That the member attends a relevant training course.
4.  That the member agrees to cease the behaviour.
5.  That the member work with a mentor for a period.
6.  That the member tenders an apology.
7.  That  the  member  participates  in  voluntary  mediation  (if  the  complaint  involves  a  conflict
between two members).
8.  That the local authority sends a letter of censure to the member.
9.  That the local authority passes a vote of no confidence in the member.
10. That the member loses certain council-funded privileges (such as attendance at conferences).
11. That the member loses specific responsibilities, such as committee chair, deputy committee
chair or portfolio holder.
12. That the member be subject to restricted entry to council offices, such as no access to staff
areas (where restrictions may not previously have existed).
13. That the member be subject to limitations on their dealings with council staff, other than the
chief executive or identified senior manager.
14. That the member be suspended from committees or other bodies to which the member has
been appointed.
15. That the member be invited to consider resigning from the council.
Please note: Actions 1-6 will typically not be reported to the local authority. Actions 7-15, which have
a high degree of public interest, namely democratic representation, should be considered in an open
meeting, unless there are grounds, such as those set out in LGOIMA, for not doing so.

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Horizons Regional Council Code of Conduct

Responses to statutory breaches
In  cases  where  a  breach  of  the  Code  of  Conduct  is  found  to  involve  regulatory  or  legislative
requirements, the chief executive will refer the complaint to the relevant agency. For example:
  Breaches relating to members’ interests (where members may be liable for prosecution by
the Auditor-General under LAMIA).
  Breaches which result in the council suffering financial loss or damage (where the Auditor-
General  may make  a  report  on the  loss or  damage under  section  44  LGA 2002 which may
result in the member having to make good the loss or damage).
  Breaches relating to the commission of a criminal offence which will be referred to the Police
(which may leave the elected member liable for criminal prosecution).

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Horizons Regional Council Code of Conduct

3.4: Legislation which sets standards for ethical behaviour Ngā ture e
whakatakoto ana i ngā paerewa mō ngā whanonga matatika
Clause 15 of Schedule 7 of the Local Government Act (the Act) 2002, requires that the Code of Conduct
provides  members  with  a  general  explanation  of  the  Local  Government  Official  Information  and
Meetings Act 1987, and any other enactment or rule of law that affects members.
The  key  statutes  that  promote  ethical  behaviour  are  the  Local  Government  Act  2002  (LGA),  Local
Government Official Information Act 1987 (LGOIMA), the Local Authorities (Members’ Interests) Act
1968 (LAMIA), the Protected Disclosures (Protection of Whistleblowers) Act 2022, the Serious Fraud
Office Act 1990, the Local Government (Pecuniary Interests Register) Act 2022, the Health and Safety
at Work Act 2015, and the Harmful Digital Communications Act 2015.
The Local Government Act 2002
The LGA 2002 is local government’s empowering statute. It establishes our system of local government
and sets out the rules by which it operates.  Those rules include the principles underpinning council
decision-making, governance principles, Te Tiriti obligations as set by the Crown, and the role of the
chief executive which is:
1.  implementing the decisions of the local authority,
2.  providing advice to members of the local authority and to its community boards, if any and
3.  ensuring that all responsibilities, duties, and powers delegated to him or her or to any person
employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are
properly performed, or exercised,
4.  ensuring the effective and efficient management of the activities of the local authority,
5.  facilitating and fostering representative and substantial elector participation in elections and
polls held under the Local Electoral Act 2001,
6.  maintaining systems to enable effective planning and accurate reporting of the financial and
service performance of the local authority,
7.  providing leadership for the staff of the local authority,
8.  employing, on behalf of the local authority, the staff of the local authority (in accordance with
any remuneration and employment policy), and
9.  negotiating the terms of employment of the staff of the local authority (in accordance with
any remuneration and employment policy).
The Local Government Official Information and Meetings act 1987
The LGOIMA sets rules for ensuring the public are able to access official information unless there is a
valid reason for withholding it. All information should be considered public and released accordingly
unless there is a compelling case for confidentiality. Even where information has been classified as
confidential, best practice is for it to be proactively released as soon as the grounds for confidentiality
have passed.

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There are both conclusive and other reasons for withholding information set out in sections 6 and 7
of LGOIMA, which include:
Conclusive reasons for withholding – if making the information available would likely:
  prejudice the maintenance of the law, including the prevention, investigation and detection
of offences, and the right to a fair trial; or
  endanger the safety of any person.
Other reasons for withholding – withholding the information is necessary to:
  protect the privacy of natural persons, including that of deceased natural persons;
  protect information where it would disclose a trade secret or would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the subject of the
information;
  in  the  case  of  an  application  for  resource  consents  or  certain  orders  under  the  Resource
Management Act 1991, to avoid serious offence to tikanga Māori, or to avoid the disclosure
of the location of waahi tapu;
  protect information the subject of an obligation of confidence, where making that information
available would prejudice the supply of similar information (and it is in the public interest for
this to continue), or would be likely otherwise to damage the public interest;
  avoid prejudice to measures protecting the health or safety of members of the public;
  avoid prejudice to measures that prevent or mitigate material loss to members of the public;
  maintain the effective conduct of public affairs through free and frank expression of opinions
between  or  to  members  and  local  authority  employees  in  the  course  of  their  duty  or  the
protection of such people from improper pressure or harassment;
  maintain legal professional privilege;
  enable  any  local  authority  holding  the  information  to  carry  on,  without  prejudice  or
disadvantage, negotiations (including commercial and industrial negotiations); or
  prevent the disclosure or use of official information for improper gain or improper advantage.
Regarding these ‘other’ reasons, a public interest balancing test applies. In these cases the council
must consider whether the  withholding of that information is outweighed by other considerations
that render it desirable, in the public interest, to make that information available. Decisions about the
release of information under LGOIMA need to be made by the appropriately authorised people within
each council, and elected members must work within the rules adopted by each council.
The LGOIMA also sets the rules that govern public access to meetings and the grounds on which that
access can be restricted, which occurs when meetings consider matters that are confidential.

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The role of the Ombudsman
An  Ombudsman  is  an  Officer  of  Parliament  appointed  by  the  Governor-General  on  the
recommendation of Parliament. An Ombudsman’s primary role under the Ombudsmen Act 1975 is to
independently  investigate  administrative  acts  and  decisions  of  central  and  local  government
departments and organisations that affect someone in a personal capacity. Ombudsmen investigate
complaints made under LGOIMA.
Anyone  who  has  a  complaint  of  that  nature  about  a  local  authority  may  ask  an  Ombudsman  to
investigate  that  complaint.  Investigations  are  conducted  in  private.  The  Ombudsman  may  obtain
whatever information is considered necessary, whether from the complainant, the chief executive of
the local body involved, or any other party. The Ombudsman’s decision is provided in writing to both
parties.
If  a  complaint  is  sustained,  the  Ombudsman  may  recommend  the  local  authority  takes  whatever
action  the  Ombudsman  considers  would  be  an appropriate  remedy.  Any  such recommendation  is,
however, not binding.  Recommendations made to the local authority under this Act will, in general,
become binding unless the local authority resolves otherwise. However, any such resolution must be
recorded in writing and be made within 20 working days of the date of the recommendation.
The Local Authorities (Members’ Interests) Act 1968
Pecuniary interests
The  LAMIA  provides  rules  about  members  discussing  or  voting  on  matters  in  which  they  have  a
pecuniary interest and about contracts between members and the council. LAMIA has two main rules,
referred to here as the contracting rule (in section 3 of the LAIMA) and the participation rule (in section
6 of the LAIMA).
  The contracting rule  prevents a member  from having  interests  in contracts with the  local
authority that are worth more than $25,000 in any financial year, unless the Auditor-General
approves the contracts. Breach of the rule results in automatic disqualification from office.
  The participation rule prevents a member from voting or taking part in the discussion of any
matter  in which they have a financial interest, other than an interest in common with the
public. The Auditor-General can approve participation in limited circumstances. Breach of the
rule is a criminal offence, and conviction results in automatic disqualification from office.
Both rules have a complex series of subsidiary rules about their scope and exceptions.

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The LAMIA does not define when a person is “concerned or interested” in a contract (for the purposes
of section 3) or when they are interested “directly or indirectly” in a decision (for the purposes of
section 6). However, it does set out two situations where this occurs. These are broadly where:
  a person’s spouse or partner is “concerned or interested” in the contract or where they have
a pecuniary interest in the decision; or
  a person or their spouse or partner is involved in a company that is “concerned or interested”
in the contract or where the company has a pecuniary interest in the decision.
However,  in  some  situations  outside  the  two  listed  in  the  Act  a  person  can  be  “concerned  or
interested” in a contract or have a pecuniary interest in a decision, for example, where a contract is
between the members family trust and the council.
Non-pecuniary conflicts of interest
In addition to the issue of pecuniary interests, which are addressed through the LAMIA, there are also
legal  rules  about  conflicts  of  interest  more  generally.  These  are  rules  that  apply  to  non-pecuniary
conflicts of interest and include the common law rule about bias. To determine if bias exists, consider
this question: Is there a real danger of bias on the part of the member of the decision-making body,
in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the
issue under consideration?
The question is not limited to actual bias but relates to the appearance or possibility of bias. This is in
line with the principle that justice should not only be done but should be seen to be done. Whether
or not you believe that you are not  biased is irrelevant. The focus should be on the nature of any
conflicting interest or relationship, and the risk it could pose  for the decision-making process. The
most common risks of non-pecuniary bias are where:
  statements or conduct indicate that a member has predetermined the decision before hearing
all relevant information (that is, they have a “closed mind”), or
  a member has close relationship or involvement with an individual or organisation affected
by the decision.
Seeking exemption from the Auditor-General
Members who have a financial conflict of interest that is covered by section 6 of the LAMIA, may apply
to the Auditor-General for approval to participate. The Auditor- General can approve participation in
two ways.
1.  Section  6(3)(f)  allows  the  Auditor-General  to  grant  an  exemption  if,  in  their  opinion,  a
member’s interest is so remote or insignificant that it cannot reasonably be regarded as likely
to influence the councillor when voting or taking part in the discussion.

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Horizons Regional Council Code of Conduct

2.  Section  6(4)  allows  the  Auditor-General  to  grant  a  declaration  enabling  a  member  to
participate if they are satisfied that:
a.  the application of the rule would impede the transaction of business by the council;
or
b.  it would be in the interests of the electors or residents of the district/region that the
rule should not apply.
More information on non-pecuniary conflicts of interest and how to manage them can be found in the
Auditor-General’s Guidance for members of local authorities about the law on conflicts of interest.
Protected Disclosures (Protection of Whistleblowers) Act 2022
The  Protected  Disclosures  (Protection  of  Whistleblowers)  Act  2022  is  designed  to  facilitate  the
disclosure and investigation of serious wrongdoing in the workplace, and to provide protection for
employees and other workers who report concerns. A protected disclosure occurs when the discloser
believes,  on  reasonable  grounds,  that  there  is,  or  has  been,  serious  wrongdoing  in  or  by  their
organisation, they disclose in accordance with the Act, and they do not disclose in bad faith.
A  discloser  is  a  person  who  has  an  employment  type  relationship  with  the  organisation  they  are
disclosing about and includes current and former employees, homeworkers, secondees, contractors,
volunteers, and board members. Serious wrongdoing includes:
  an offence
  a serious risk to public health, or public safety, or the health or safety of any individual, or to
the environment
  a  serious  risk  to  the  maintenance  of  the  law  including  the  prevention,  investigation  and
detection of offences or the right to a fair trial
  an unlawful, corrupt, or irregular use of public funds or public resources
  oppressive, unlawfully discriminatory, or grossly negligent or that is gross mismanagement by
a public sector employee or a person performing a function or duty or exercising a power on
behalf of a public sector organisation or the Government
Council  need  to  have  appropriate  internal  procedures  that  identify  who  in  the  organisation  a
protected disclosure may be made to, describe the protections available under the Act, and explain
how the organisation will provide practical assistance and advice to disclosers. A discloser does not
have to go through their organisation first. An appropriate authority can include the head of any public
sector organisation and any officer of Parliament, such as the Ombudsman and Controller and Auditor-
General. Ombudsmen are also an “appropriate authority” under the Protected Disclosures (Protection
of Whistleblowers) Act 2022.

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Horizons Regional Council Code of Conduct

The Serious Fraud Office Act 1990
The Serious Fraud Office (SFO) is the lead law enforcement agency for investigating and prosecuting
serious  financial  crime,  including  bribery  and  corruption.  The  SFO  has  an  increasing  focus  on
prevention by building awareness and understanding of the risks of corruption – noting that the extent
of  corruption  is  influenced  by  organisational  frameworks  and  support  given  to  staff.  The  SFO
encourages  organisations  to  adopt  appropriate  checks  and  balances  and  build  a  culture  based  on
ethics and integrity.
The four basic elements of best practice organisational control promoted by the SFO involve:
  Operations  people  with  the  right  skills  and  experience  in  the  relevant  areas,  with  clear
accountability lines.
  Risk  mitigation  to  manage  risks  that  can’t  be  eliminated  through  segregation,  discretion
reduction, delegations, management oversight, and audit.
  Basic standards of behaviour moderated by a Code of Conduct, ongoing  interests and gift
processes  (not  simply  annual  declaration),  plenty  of  opportunities  and  ways  to  speak  up,
disciplinary options, training and support.
  Design  and  oversight  based  on  a  clear  understanding  of  operational  realities  (design,
governance, management, audit, investigation, business improvement, and legal).
The Local Government (Pecuniary Interests Register) Act 2022
Following passage of the Local Government (Pecuniary Interests Register) Amendment Bill in 2022, a
local  authority  must  now  keep  a  register  of  the  pecuniary  interests  of  their  members,  including
community and local board members. The purpose of the register is to record members’ interests to
ensure transparency and strengthen public trust and confidence in local government processes and
decision-making. Registers must comprise the following:
  the name of each company of which the member is a director or holds or controls more than
10% of the voting rights and a description of the 30 main business activities of each of those
companies,
  the name of every other company or business entity in which the member has a pecuniary
interest, other than as an investor in a managed investment scheme, and a description of the
main business activities of each of those companies or business entities,
  if the member is employed, the name of each employer of their employer and a description
of the main business activities of those employers,
  the name of each trust in which the member has a beneficial interest,
  the  name  of  any  organisation  or  trust  and  a  description  of  the  main  activities  of  that
organisation  or  trust  if  the  member  is  a  member  of  the  organisation,  a  member  of  the
governing body of the organisation, or a trustee of the trust, and the organisation or trust
receives  funding  from  the  local  authority,  local  board,  or  community  board  to  which  the
member has been elected,
  the title and description of any organisation in which the member holds an appointment by
virtue of being an elected member,
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Horizons Regional Council Code of Conduct

  the location of real property in which the member has a legal interest, other than an interest
as a trustee, and a description of the nature of the real property,
  the location of real property, and a description of the nature of the real property, held by a
trust  if  the  member  is  a  beneficiary  of  the  trust  and  it  is  not  a  unit  trust  (disclosed  under
subclause 20) or a retirement scheme whose membership is open to the public.
Each council must make a summary of the information contained in the register publicly available; and
ensure that  information contained  in  the  register  is only  used  or  disclosed  in accordance  with  the
purpose of the register; and is retained for seven years.
The Health and Safety Act at Work Act 2015
The Health and Safety at Work Act 2015 aims to create a new culture towards health and safety in
workplaces. A council is termed a Person Conducting a Business or Undertaking (PCBU) - all involved
in  work,  including  elected  members,  are  required  to  have  a  duty  of  care.  Elected  members  are
“officers” under the Act and officers are required to exercise due diligence to ensure that the PCBU
complies with its duties. However, certain officers, such as elected members, cannot be prosecuted if
they fail in their due diligence duty. Despite this, as officers, the key matters to be mindful of are:
  stepping up and being accountable,
  identifying and managing your risks,
  making health and safety part of your organisation’s culture, and
  getting your workers involved.
Councils have wide discretion about how these matters might be applied, for example:
  adopting a charter setting out the elected members’ role in leading health and safety – with
your chief executive,
  publishing a safety vision and beliefs statement,
  establishing health and safety targets for the organisation with your chief executive,
  ensuring there is an effective linkage between health and safety goals and the actions and
priorities of your chief executive and their senior management, or
  having effective implementation of a fit-for-purpose health and safety management system.
Elected  members,  through  their  chief  executive  need  to  ensure  their organisations  have  sufficient
personnel  with  the  right  skill  mix  and  support,  to  meet  the  health  and  safety  requirements.  This
includes making sure that funding is sufficient to effectively implement and maintain the system and
its improvement programmes.
The Harmful Digital Communications Act 2015
The Harmful Digital Communications Act (HDCA) was passed to help people dealing with serious or
repeated harmful digital communications. The Act covers any harmful digital communications (like
text,  emails,  or  social  media  content)  which  can  include  racist,  sexist  and  religiously  intolerant
comments  –  plus  those  about  disabilities  or  sexual  orientation  and  sets  out  10  communication
principles for guiding communication online. Under the Act a digital communication should not:
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Horizons Regional Council Code of Conduct

  disclose sensitive personal facts about an individual
  be threatening, intimidating, or menacing
  be grossly offensive to a reasonable person in the position of the affected individual
  be indecent or obscene
  be used to harass an individual
  make a false allegation
  contain a matter that is published in breach of confidence
  incite or encourage anyone to send a message to an individual for the purpose of causing harm
to the individual
  incite or encourage an individual to commit suicide
  denigrate an individual by reason of colour, race, ethnic or national origins, religion, gender,
sexual orientation or disability
More information about the Act can be found at Netsafe.

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Horizons Regional Council Code of Conduct

3.5: Case studies for assessing potential breaches: Ngā rangahau whakapūaho
mō te aromatawai i ngā tūpono takahanga
Example one: staff accused of improper motives
Councillor Smith was elected on a platform of stopping the sale of council housing.   The council has
made a decision to sell the council housing. Cr Smith makes media comments against the decision
after it is made. Those same statements suggested that council staff advising on the sale “must have
owned shares” in the company that proposed to buy the houses.
Cr Smith’s actions in releasing a media statement criticising a decision after it has been made would
probably not in and of itself constitute a breach of a reasonable code of conduct. Cr Smith has a right
to express a viewpoint and, provided that he makes it clear he is expressing a personal view, then
issuing a critical press statement is an action he is entitled to take.  If his statements failed to make it
clear that he was expressing a personal or minority view then it may be a non-material breach of the
Code, probably one where censure would be the appropriate response.
However, this media statement includes an allegation that staff advice was based on improper motives
or corruption.  This is a breach of most codes of conduct.  It is most likely to be a material breach given
the potential impact on the council’s reputation and the reputation of staff.
Also, there is no qualified privilege attached to public statements about employees which are false
and damaging.  In other words, elected members may be sued for defamatory statements made about
employees.
Example two: leak of confidential information
Cr Jones is on the council’s Works and Services Committee.  The Committee is currently considering
tenders for the construction of a new wastewater treatment plant and has received four tenders in
commercial confidence.  The Committee has recommended to council that they award the contract
to the lowest tenderer. Cr Jones is concerned the lowest tender proposes to treat sewage to a lesser
standard than others.  She leaks all four tenders to the local media.  A subsequent investigation by the
council conclusively traces the leak back to her.
In leaking the tender information to the media, Cr Jones will have breached most codes of conduct.
This breach has potentially serious consequences for the council as a whole.  It not only undermines
elected members trust of each other, it also undermines the confidence of suppliers in the council,
which may lead to them not dealing with council in future, or even complaints under the Privacy Act
2020.
In circumstances such as these where an elected member fails to respect a commercial confidence
censure  and  removal  from  the  committee  is  an  obvious  first  step.    The  council  may  be  liable  for
prosecution under the Privacy Act 2020 and even to civil litigation.
In the event that the council suffers financial loss it may elect to ask the Auditor-General to prepare a
report on the loss (or the Audit Office may do so own their own initiative), which may result in Cr Jones
having to make good the loss from her own pocket.
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Horizons Regional Council Code of Conduct

Example three: member purports to speak on behalf of council
Eastland  Regional  Council  is  conducting  a  performance  review  of  the  chief  executive.    It  has
established a chief executive Performance Management Committee to conduct the review.  In the
course  of  that  review  the  committee  meets  informally  with  the  chief  executive  to  review  which
performance targets were met and which were not. The meeting notes that the chief executive has
been unable to meet two of his twenty targets and resolves to formally report this to the full council
for its consideration. At the conclusion of that meeting Councillor Black leaves to find a local reporter
waiting outside and makes the comment that “Jack White won’t be getting a pay increase this year
because he didn’t meet all his targets”.
This action will probably constitute a breach of most codes of conduct in that it:
  breached a confidence,
  presumed to speak on behalf of council,
  purported to commit council to a course of action before the council and made a decision (or
even met to consider the matter), and
  failed to treat a staff member with respect and/or courtesy.
In addition to the provisions of the Code of Conduct, Cr Black’s actions will severely undermine the
relationship  between  the  chief  executive  and  the  council,  which  may  well  constitute  grounds  for
litigation against the council both in terms of employment and privacy law.
Example four: member criticises staff performance in media
Cr Mary Fogg, concerned about the failure of her council to respond quickly to resident complaints
about flooding in their neighbourhood, expressed her frustration when speaking at a public meeting
and, as part of her response to questions stated that council staff had dropped the ball and failed to
take residents’ concerns seriously.
The councillor’s remarks were reported in the local suburban paper and were read by council staff,
some  of  whom  felt  that  they  had  been  unfairly  criticised  and  raised  the  matter  with  their  chief
executive.  The  chief  executive  felt  it  necessary  to  lodge  a  complaint  under  the  council’s  Code  of
Conduct because the member’s comments were disrespectful of staff.
The  question  for  the  initial  assessor  is  whether,  publicly  expressing  disappointment  in  the
performance of the staff is a breach of the Code of Conduct. Considerations might include:
•
Whether there was a basis of fact for the member’s comments.
•
How the member’s views were expressed, that is, as a form of constructive criticism or
not.
•
The  right of an employer (staff are employed by the local authority) to express a view
should an organisation fail to live up to expectations.
•
Whether a general statement about the performance of staff is in anyway comparable to
a public criticism of an individual staff member, which would be a clear breach and might
be an example of intimidation of harassment.
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Horizons Regional Council Code of Conduct

In this case the initial assessor concluded that it was not unreasonable for a member to make general
statement  about  the  performance  of  staff  as  a  collective,  indeed,  one  of  her  pre-election
commitments  was  to  improve  the  responsiveness  of  council  staff.  However,  the  assessor  also
concluded that the article lacked sufficient context to explain why she was disappointed, especially
when some of the concerns were outside the control of staff and recommended that the member
meet with the mayor to get guidance on how to raise such concerns in the future.
Example five: member accused of using sexist language and humour
Towards  the  end  of  the  first  year  of  the  new triennium,  the  chief executive  received  a  complaint,
signed  by  four  councillors,  alleging  that  Cr  Rob  Jones  regularly  used  sexist  language  in  meetings,
workshops and other official engagements. The councillors who made the complaint alleged that his
tendency to call female colleagues ‘girls’; interrupt them while speaking or ignore their comments;
and that his use of sexist humour was demeaning to women and inconsistent with the behaviours set
out in the Code of Conduct; the commitment to treat other members, staff and members of the public
with respect.  The chief executive forwarded the complaint to the independent investigator.
The investigator, having access to minutes, video recordings and the testimony of other members,
was  able  to  easily  confirm  that  the  complaint  was  justified  and  that  both  Cr  Jones’  language  and
behaviour was inconsistent with the Code.  That left the Investigator with the task of determining how
serious  the  breach  was  and  what  actions  should  be  taken.   Factors that  the  investigator took  into
consideration included:
  that the issue had been raised with Cr Jones earlier in the year by a colleague, with no obvious
change in behaviour
  that Cr Jones was one of the council’s representatives on its Youth Committee, bringing him
into regular contact with young people
  that the council had adopted a specific policy to be a safe and supportive workplace for both
elected members and staff.
Taking these factors into account the Investigator recommended that Cr Jones be removed from his
role as a council representative on the Youth Committee; should be enrolled in a relevant course to
better understand offensive behaviour and its impacts; and meet monthly with mayor to monitor his
behaviour.
Example six: Councillor Facebook page used to disparage others
Councillors  Sarah  Smith  and  William  Getty  share  political  views  in  common  and  have  recently
established a Facebook group through which they promote debate and discussion with like-minded
people  in  their  district.  Some  of  the  participants  in  that  Facebook  Group  make  posts  that  include
explicit criticism of other councillors, sometimes using explicit language, commenting on things like
the way they voted, their motivations and personal matters. Some of the councillors targeted by the
abuse  complained  to  Cllrs  Smith  and  Getty  who,  in  response,  closed  the  Facebook  page  to  other
councillors, preventing them from joining or viewing the content.
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Horizons Regional Council Code of Conduct

Rather than solve the concerns the decision to close the Facebook to others created additional anxiety
for some councillors who became concerned that the page may be sharing their personal details and
mis-representing their views. A complaint was made to the chief executive that the Code of Conduct
had been breached, on the basis that the decision to exclude them from the website, and the fact that
it appeared to me unmoderated, was intimidating, potentially exposed them to harm and allowed
promoted statements about them and the council that were clearly untrue. The chief executive
referred the complaint to the council’s independent investigator.
The investigator found that, while Cllrs Smith and Getty were not directly mis-representing the views
of their colleagues, they were indirectly encouraging it, which breached the Code. Because this was
the first complaint, and because the two councillors believed that by limiting access to the website,
they had addressed the initial concerns, the investigator did not regard the breach as material. She
recommended that the two councillors remove the block preventing other councillors from joining or
accessing the site and install a system for approving posts, such as a moderator, before they are
published.

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A ttachment
A. Experiencing abuse, harassment, and intimidation from the public >>

Please note that this chapter includes information
What the law says
about harassment and intimidation and provides
options for how to respond. Some people may find
Harassment and intimidating behaviour have legal
these topics distressing and should seek support
definitions in Aotearoa New Zealand meaning
before reading this material. The information
that legal action can be pursued if you experience
contained in this attachment should not be a
harassment and intimidation. The following acts are
substitute for legal advice – no liability is assumed
relevant:
by Local Government New Zealand.

ʯ The Harassment Act 1997
As many a public figure will tell you, there are both
upsides and downsides to having a public profile.

ʯ The Summary of Offences Act 1981 (Section 21)
There is unfortunately, a high chance that you will
experience abuse, intimidation and even harassment

ʯ The Harmful Digital Communications Act 2015
during your time in office. However, tolerating or
‘putting up with it’ is not an expectation of the job and
Harassment and the
is not a phrase that will appear in any job description,
Harassment Act 1997
code of conduct or legislation that governs the role of
an elected member.
The Harassment Act 1997 states it’s a criminal
offence for someone to harass you, if they intended
Abuse, harassment, and intimidation can take place in
to make you fear for your safety or if they knew that
person, via mail, phone and also online. The channel
what they were doing was likely to make you fear for
of delivery makes no difference to the severity of the
your safety. If you report harassment to the police
behaviour; online abuse and abusive mail should
and they believe the harassment is criminal, they
never be minimised just because they didn’t occur in a
can arrest and charge the person responsible.
face-to-face environment.
If what happened doesn’t meet the test for criminal
Many things can serve as catalysts for harassment
harassment, you may still be able to use the
and abuse such as kaunihera events or decisions or
non-criminal process under the Harassment Act
a media article. However, the reason or cause of the
against the person responsible. This will involve
behaviour is irrelevant and there are times when there
going to the District Court to get a restraining order.
is no discernible trigger for what can occur.
Harassment is limited to intimidating behaviour;
How it affects you as an elected member should
if a person has attacked you or destroyed your
be the main consideration when deciding how to
property, talk to the Police about criminal charges.
respond. No matter who the concerning behaviour
comes from or the ‘reason’ for it, if it impacting on
See the Harassment Act 1997 here.
you in any way, you should take action, whether that
For there to be “harassment”, there
be seeking support for your wellbeing, discussing it
must be both of the following:
with your kaunihera, colleagues, friends or whānau or
alerting the police.

ʯ the type of behaviour set out in the Harassment
Act, and
Delaying action may increase the risk to your and your
whānau’s safety. Do not be discouraged to seek help

ʯ a pattern of behaviour, not just a one-off incident.
and support.

ʯ Twice in one year: if the person does any of
If you’re concerned about the immediate safety of
the things listed above twice or more within 12
yourself or someone else, call 111.
months. It doesn’t have to be the same kind of
thing each time.

ʯ A continuing act: there’ll also be a pattern if the
person does any of the things listed above as one
continuing act over a period of time.
// 135
// The Good Governance Guide

Under the Harassment Act 1997, these
Intimidation and the Summary
are the types of acts or incidents that
of Offences Act 1981
can amount to harassment:
// a  watching, hanging around, or blocking access
The Summary of Offences Act 1981 states it’s an
to or from your home or workplace, or any
offence to intimidate you and defines intimidation
other place you regularly or often visit; or
as when a person commits an offence with intent to
// b  following, stopping or confronting you; or
frighten or intimidate any other person, or knowing
that their conduct is likely to cause that other
// c  coming into your home or onto your property,
person reasonably to be frightened or intimidated:
or interfering with your home or any of your
things; or
This includes when someone:
// d  contacting you either by phone, letter, email or
// a  threatens to injure that other person or any
text, or through social media sites or apps like
member of his or her family, or to damage any
Facebook, or in any other way; or
of that person’s property; or
// e  giving you offensive material, or leaving it
// b  follows that other person; or
where you’ll find it or where someone else will
give it to you or bring it to your attention – this
// c  hides any property owned or used by that other
includes posting offensive pictures or other
person or deprives that person of, or hinders
material online; or
that person in the use of, that property; or
// f  doing anything else that makes you fear for
// d  watches or loiters near the house or other
your safety, and that would make a reasonable
place, or the approach to the house or other
person in your situation fear for their safety.
place, where that other person lives, or works,
This includes where the harasser does the thing
or carries on business, or happens to be; or
to a member of your family, rather than to you
// e  stops, confronts, or accosts that other person
directly, in order to target you, and even if that
in any public place.
family member doesn’t in fact fear for their own
safety.
See the section on intimidation in the Summary of
Offences Act 1981
What about indirect harassment
through targeting whānau?
It is still harassment if any of the acts above are
directed toward someone’s whānau in a bid to
indirectly harass someone else. An example of this
could be if a letter is sent to a member of your
whānau with the intention of upsetting you.
// The Good Governance Guide
// 136

Online harm and the Harmful
The HDCA sets out 10 communications principles that
Digital Communications
a digital communication should not include:
Act (HDCA) 2015
// 1
Netsafe (Aotearoa New Zealand’s independent,
non-profit online safety organisation) describes
disclose sensitive personal facts about an individual
distressing content as that which is hateful, sexual
or illegal material (like age-restricted material or
// 2
extreme violence). Offensive or illegal content could
include topics, images or other information that could
be threatening, intimidating, or menacing
be prohibited in Aotearoa. It is illegal for anyone to
send or publish threatening, offensive, or sensitive
// 3
material and damaging rumours.
be grossly offensive to a reasonable person in the
Online abuse includes cyberbullying and the
position of the affected individual
distribution of inappropriate material, such as violent
and sexual material that can cause emotional and
// 4
physiological distress. Online bullying or cyberbullying
is when digital platforms or technology are used to
be indecent or obscene
send, post or publish content intended to cause harm
to another person.
// 5
The Harmful Digital Communications Act (HDCA) 2015
be used to harass an individual
aims to help people dealing with serious or repeated
harmful digital communications. It includes criminal
// 6
penalties of fines and jail-time.
make a false allegation
The HDCA covers any digital communications that
are harmful such as text messages, social media
messages, emails and social media content which
// 7
contain discriminatory, sexist, racist, religiously
intolerant comments as well as discriminatory
contain a matter that is published in breach of
comments about sexual orientation or disabilities.
confidence
// 8
incite or encourage anyone to send a message to an
individual for the purpose of causing harm to the
individual
// 9
incite or encourage an individual to commit suicide
// 10
denigrate an individual by reason of colour, race,
ethnic or national origins, religion, gender, sexual
orientation, or disability
See the Harmful Digital Communications Act 2015
// 137
// The Good Governance Guide

SHIELD principles for handling
Other tips for keeping safe
harassment and intimidation
If you’re concerned about the immediate safety of you
While there is no expectation that anyone ‘put up
or someone else, call 111.
with’ harassment and intimidation as part of the job,
each elected member will have a different tolerance
Have a safety network with your whānau, friends
threshold. Seeking support is a personal decision and
and colleagues
is actively encouraged; if you have an instinct to seek
Creating a safety network with people you trust is a
support and protection, do so.
good way to have support if you need it. This could
look like:
In some instances, not dealing with the behaviour may
increase risks to safety.

ʯ Letting your safety network work know about any
In the United Kingdom, the Local Government
activities or engagements you have planned so
Association (the national membership body for local
that they are aware of where you may be and when
authorities) has developed the SHIELD principles
to expect you back home for example.
to support elected members when responding to
harassment and intimidation.

ʯ Asking someone to come with you to public
activities, engagements, and events.
The SHIELD principles provide a basic framework
for elected members for engaging with the public to

ʯ You could consider having a safety word, you
mitigate risks and handle incidents if they occur.
could text or say on the phone if you need support
or assistance.
The SHIELD principles are:

ʯ Elected members sharing their experiences so

ʯ Safeguard: protect yourself online and in-person
that they can support each other.
by proactively setting a zero-tolerance policy for
abuse, harassment or intimidation. Seek advice
Keep a record of events that make you feel unsafe.
regarding your safety online and in-person.
Not only is this useful if you need to go to the police,
but keeping a record of ongoing acts of aggression,

ʯ Help: ensure you are safe before you take further
harassment, or intimidation no matter what the scale
action and get help if you need it. If the threat is
will help identify patterns of behaviour. This could be
immediate, call 111.
used to warn your peers and colleagues of red flags.
It could also help your council create a coordinated

ʯ Inform: only if it is safe to do so, say that
response if it is required.
you consider the actions to be harassing and
Try to stay calm
intimidating and challenge poor behaviour.
Some people could be infuriated, angry or upset

ʯ Evidence: gather evidence of harassment or
with local issues and may expect elected members
intimidation, threatening communications, take
to fix issues beyond their control or mandate. In
photos, recordings or screenshots, keep any
conversations like these, try your best to keep calm
letters, emails and details of any witnesses.
and do not debate with the person. Staying calm, does
not mean you have to ‘take it’ and tolerate aggressive

ʯ Let people know: report the incident to the
behaviour but more so about de-escalating a situation
appropriate people such as your council or the
for your own safety.
police if necessary.
You don’t have to ‘take it’

ʯ Decide: determine whether you want to continue
interacting with the person. If you do not, use
Putting up with harassment and intimidating
behaviour from the public is not an expectation or
social media functions to end engagements online
a part of the job description of being an elected
and consider further options to inhibit them from
member or representative of your local community.
approaching you in person.
Source: LGA Shield Principles – Local Government
Association UK
// The Good Governance Guide
// 138

If you are on the receiving end of threatening,
If Netsafe have tried to resolve the incident but can’t,
intimidating, racist, homophobic, sexist or derogatory
you may be able to apply to the District Court for
remarks, it is your right to bring any meeting or
action e.g. for a takedown order against the author or
interaction to an end and seek assistance and
host of the allegedly harmful content.
support. If you feel comfortable and safe doing so,
you could try to tell the person that you could pick up
Netsafe will provide you with a Netsafe Summary
the conversation again when the situation is calmer.
that can be taken to the District Court to show that
someone has tried to resolve the incident and that
Let your council know and contact the police if you
there are no further options that can be considered.
feel unsafe
The Netsafe summary will include a report of
the incident and the resolution options offered,
If you experience harassment, abuse or intimidation
completed or attempted. The Netsafe Summary
make a detailed note of the incident and those
informs the District Court but does not impact the
involved. Let your council know that it has happened.
decision the District Court makes.
You can make a call on whether you want to inform
the police.
Netsafe’s services are free, confidential,
non-judgemental and available seven days a week.
Dealing with online or digital
abuse or distressing content.

ʯ Email [email address]
Many elected members use social media to connect

ʯ Call toll free on 0508 NETSAFE (0508 638 723)
with their local communities. Online abuse,
harassment, bullying, and intimidation can be

ʯ Online report at netsafe.org.nz/report
common but should not be minimised as ‘normal
political banter’ or ‘freedom of expression’.

ʯ Text ‘Netsafe’ to 4282
If you feel unable to deal with abuse yourself or
have any concerns about your safety, report any
incidents to Netsafe, your council or the police. If
you are unsure about the seriousness of what you are
experiencing, get in touch with Netsafe.
Netsafe
Netsafe is Aotearoa New Zealand’s independent,
non-profit online safety organisation providing online
safety support, expertise and education. Netsafe
is responsible for helping resolve reports related to
alleged breaches of the 10 communication principles.
They are not enforcement agency, but do have a high
rate of resolution.
Some of the things Netsafe can do include:

ʯ liaising with website hosts, Internet Service
Providers (ISP) and other content hosts (both
here and overseas) and request they takedown or
moderate posts that are clearly offensive

ʯ using advice, negotiation, mediation and
persuasion (as appropriate) to resolve complaints
Learn more about Netsafe’s services here
// 139
// The Good Governance Guide

Here are some practical tips
Here's an example of a rules of engagement
to deal online abuse:
statement:
Be security conscious
“I welcome your comments and interactions but
Social media profiles are actively targeted by cyber
have two simple rules for a safe social community:
criminals, foreign intelligence services and others.
1) Be respectful to others; and 2) Do not post
Maintaining good online security practices can help
any harmful content. Content that I judge to
mitigate the risks involved in using social media.
be harmful will be hidden or removed. This
Members should:
includes misinformation, swearing, hate speech,
trolling and spam. If I believe you are repeatedly

ʯ Choose a strong password (preferably a whole
disrespectful of myself or others, or if harmful
phrase rather than a single word) and never share
content is repeatedly posted, then you may be
it.
banned or blocked.”

ʯ Use two-factor authentication where it is offered.
Plan your approach to responding, before you post

ʯ Keep operating systems and apps up to date as
they will contain the latest security improvements.
Some information and content will be more
Seek the advice of your kaunihera staff if you do
controversial than others. Before you post it, think
not know how to do this.
about how you intend to manage any engagement
(comments and questions) with the content. For

ʯ Be careful about locations for accessing social
example will you respond to all engagements or only
media: public wi-fi networks (such as in cafes,
those specifically addressing the content itself?
airports, hotels etc) put members at greater risk
Wait to de-escalate
of being hacked.
Fires burn out when they have no fuel. Heat can be

ʯ Only install trusted apps and avoid granting them
taken out of a situation if you hold-off responding for
access to contacts, camera, photos, files etc.
a time. Don’t feel obliged to reply immediately as it
may be more beneficial to wait before responding

ʯ Avoid posting information about their location by
to abusive or angry messages. If you do not feel
disabling location-sharing.
comfortable replying at all, you do not have to.
Get familiar with social media platform settings
Be firm and factual
Make sure that you know the different setting
De-escalate negative situations by acknowledging a
and processes to block, mute, report and delete
person’s frustrations, assuring them that they have
comments and users on the platforms you are using. If
been heard, and committing to follow up where
you’re not sure how, you can visit the safety settings of
appropriate
social media platforms to find out how or talk to you
council communications staff.
Call out inappropriate comments
Set expectations on your social media platforms
Make it clear that the language being used is
unacceptable and inappropriate. Publicly challenging
You can post your own rules of engagement on your
inappropriate behaviour can be a powerful tool in
social media platforms establishing clear expectations
stopping it.
on behaviour, boundaries and the possible response
to those who breach those rules.
Know that you can step back if you need to
You never have to engage with online abuse, bullying
or harassment. While you may wish to respond with
factual information, you are under no obligation to do
so. You can step back or step away at any time.
// The Good Governance Guide
// 140

Block email addresses and numbers/callers on
Misinformation can be stopped by reporting fake
your phone
accounts, pages and domains that post or share
misinformation. Most misinformation is legal, and
You can block phone numbers and email addresses
people have the right to express their views or
that are sending harassing, intimidating or abusive
opinions. However, if you see content on social media
messages or calls. Search online using the words
that you believe to be false or misleading, you can
“how to block phone numbers” and the model of your
report it to the social media platform you found the
cell phone. Your mobile service provider may also be
information on:
able to help you block numbers. You may also want to
consider having a separate work and personal phone.

ʯ How do I mark a Facebook post as false news? —
You can also talk to council staff for assistance with
https://www.facebook.com/help
email and phone security.

ʯ Report inappropriate content — YouTube.com
Record and report any abuse or threatening
communications

ʯ Report a tweet, list or direct message —
Twitter.com
Screenshot comments, content or messages and keep
a record of abusive or threatening communications.

ʯ Reduce the spread of false information —
Report abusive comments using the social media
Instagram.com
platform’s reporting functions, and mute or block
repeat offenders.

ʯ Staying safe on Whatsapp — WhatsApp.com
Dealing with misinformation

ʯ Report a problem — TikTok.com
There are three kinds of misinformation:
Misinformation, including leaflets and scams, can be
reported to Government agency CERT NZ (Computer

ʯ Misinformation is information that is false, but not
Emergency Response Team) and you can report to
created with the intention of causing harm.
Netsafe any online harms including misinformation
and hate speech or extremism.

ʯ Disinformation is information that is false and
was created to harm a person, social group,
With thanks to Auckland Council for sharing their
organisation or country.
social media policy and guidelines.

ʯ Malinformation is information that is based
on reality, used to inflict harm on a person,
organisation or country.
// 141
// The Good Governance Guide

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