Auckland City Local Governance Statement

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Members' Roles and Conduct

1. Members' Roles

The Mayor and the 19 councillors of the Auckland City Council have the following roles:

• setting the policy direction of council
• monitoring the performance of the council
• representing the interests of the district (on election all members must make a declaration that they will perform their duties faithfully and impartially, and according to their best skill and judgement in the best interests of the district)
• employing the Chief Executive (under the Local Government Act the local authority employs the Chief Executive, who in turn employs all other staff on its behalf).

The Mayor is elected by the district as a whole and as one of the elected members shares the same responsibilities as other members of council. In addition the Mayor has the following roles:

• Presiding member at council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders).
• Advocate on behalf of the community. This role may involve promoting the community and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of the council.
• Ceremonial head of council
• Providing leadership and feedback to other elected members on teamwork and chairing committees.

The Deputy Mayor is elected by the members of council at the first meeting of the council. The Deputy Mayor exercises the same roles as other elected members. In addition, If the Mayor is absent or incapacitated, or if the office of Mayor is vacant, then the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers of the Mayor (as summarised above). The Deputy Mayor may be removed from office by resolution of council.

The council may create one or more committees of council. A committee chairperson is responsible for presiding over meetings of the committee, ensuring that the committee acts within the powers delegated by council, and as set out in the council's Delegations Register. A committee chairperson may be removed from office by resolution of council.

Fifty two Community Board members are also elected to represent wards throughout the city. Each Board consists of five or six members and the Councillor(s) allocated to the ward. The Avondale/Roskill, Tamaki/ Maungakiekie and Hauraki Gulf Islands Wards each have two Community Boards within their ward jurisdiction.

Community Boards are constituted under section 49 of the Local Government Act 2002 to:

• Represent and act as advocates for the interests of their community;
• Consider and report on any matter referred to it by the Council and any issues of interest or concern to the Community Board;
• Make an annual submission to the Council on expenditure in the community;
• Maintain an overview of services provided by the Council within the community;
• Act as a channel of communication between the community and Council;
• Undertake any other responsibilities delegated by the Council.

Community boards have delegated responsibilities in the following areas: transport, city development, recreation and events, finance and corporate business, community services, strategy and governance, and works. These delegated authorities are set out in Council's Delegations Register.

Delegations to community boards follow the general principles that:

• decisions should be made at the lowest possible level that ensures decision making is effective and efficient – this is called the principle of subsidiarity.
• local decisions are best made close to local people and by local people
• decisions that are delegated to community boards should focus on local matters
• wherever possible council committees should refer matters of local significance to the relevant community board
• community boards should exercise their delegated powers to the fullest extent possible
• community board members should gain satisfaction from having an opportunity to influence their communities through decisions that are delegated to them
• delegated powers should improve the legitimacy of community boards in their areas.
2. Code of Conduct

Schedule 7 clause 15 of the Local Government Act 2002 requires every council to adopt as soon as practicable after 1 July 2003, a Code of Conduct for the Elected Members of the Council (the Mayor and Councillors). Auckland City Council adopted its Code on 23 October 2003.

The Council Code of Conduct does not cover Community Board members, but they may adopt their own codes.

Auckland City Council's Code of Conduct provides guidance on the standards of behaviour expected from Elected Members in their dealings with:

• each other
• the Chief Executive
• staff
• the media
• the general public.
3. Applicable Statutory Requirements

Under Section 46(1) Local Government Act 2002, Councillors can be held liable for losses reported by the Auditor-General under section 44 of the same Act, resulting from negligence or unlawful action by the elected Council.

Under Schedule 7 clause 1 Local Government Act 2002, any an Elected Member (the Mayor, a Councillor, or a Community Board Member) will be disqualified if they cease to be an elector or become disqualified for registration as an elector under the Electoral Act 1993, or are convicted of an offence punishable by a term of imprisonment of two years or more.

The Local Authority (Members' Interests) Act 1968 regulates the circumstances under which a member has a pecuniary interest in a matter before the Council. Nobody may be elected to a Council, or once elected, remain a member, if the value of contracts between the Council and that member exceed $25,000 in any financial year. Nor may a member participate in the discussion or voting on a matter in which the member has a direct or indirect pecuniary interest, except an interest in common with the public. If members are convicted of a breach of this requirement they will be automatically be disqualified from office. They may also be fined up to $100. A disqualified member may, however, stand for election at a by-election.

The Local Government Official Information And Meetings Act 1987 ("LGOIMA") The obligations of LGOIMA are binding on members and apply to the disclosure of information by a member in respect of any information held by that member (in his or her capacity as member) to a member of the public. The underlying principle is that unless there is good reason to withhold it, information should be made available. d. Section.7 of the Act gives a number of grounds for withholding disclosure.

The LGOIMA also sets out the procedural requirements for meetings of local authorities, the publication of agenda, procedures for discussion with the public excluded and access by the public to the minutes of meetings.

The Secret Commissions Act 1910 makes it unlawful for a Member (or officer) to advise anyone in respect of entering or not entering into a contract with a third person in relation to the business of the Council and/or receive a gift or reward from anyone outside the Council in return for advice or services in relation to the business of the Council, or to present false receipts to the Council.

The Crimes Act 1961 makes it unlawful for Members to accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of the Council, or use information gained in the course of the member's duties for monetary gain or advantage by the Member, or anyone else.

The Securities Act 1978, places Members in the same position as company directors whenever the Council offers shares in a company to the public. Members may be personally liable if investment documents, such as a prospectus, contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.