- Members' Roles
The Mayor and the 19 councillors of 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 the 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.
- 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). The Code of Conduct
was updated by Council on 8 December 2005.
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.
- 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.
