Standing orders - rules of meeting conduct
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1 General
1.1 Introduction
1.1.1 Citation of Legislation
These standing orders cite, or in some cases paraphrase, the provisions
from the following Acts:
- Local Government Act 2002
- Local Government Official Information and Meetings Act 1987
- Local Authorities (Members' Interests) Act 1968
- Resource Management Act 1991
Where direct quotations from the legislation are cited in these
standing orders they are shown in bold type and prefaced by the reference
from the legislation.
This particular standing order cites clause 27(1) and (2), Schedule 7,
LGA 2002.
Requirement for adoption of Standing Orders
"The council must adopt a set of standing orders for the conduct
of its meetings and those of its committees. The standing orders of the
council must not contravene any provisions of the Local Government Act
2002, the Local Government Official Information and Meetings Act 1987, or
any other Act."
1.1.2 Community Boards to be bound by Standing Orders
A community board is not a committee of the council. However, these
standing orders, and the other provisions of the Local Government Act 2002
relating to procedural and organisational matters, apply to community
boards as if they were a local authority and to any committees of
community boards.
1.1.3 Interpretation
In these standing orders, unless inconsistent with the context:
Act means the Local Government Act 2002.
Chairperson means the Mayor or Chairperson of the council and where
appropriate also includes any person acting as the Chairperson of any
committee or sub-committee of the local authority.
Committee includes, in relation to a local authority:
- a committee comprising all the members of the local authority;
and
- a standing committee or special committee appointed by the
local authority; and
- a joint committee appointed under the Act by the local
authority and any other local authority or public body; and
- any subcommittee of a committee described in paragraph (a) or
paragraph (b) or paragraph (c) of this definition.
Local authority in these standing orders means the local
authority and/or the community board(s) covered by these standing
orders, being a local authority as defined in the Local Government Act
2002.
Local authority also includes for the purposes of the Local
Government Official Information and Meetings Act 1987 any special
tribunals or any person given authority to conduct hearings under
sections 33, 34, 117, 146 or 202 of the Resource Management Act 1991.
Meeting means any first, ordinary or extraordinary meeting of a
local authority; and any meeting of any committee or standing
committee or special committee or subcommittee of the local authority,
and any meeting of any community board.
At any meeting of a local authority or of any committee or
subcommittee of a local authority, at which no resolutions or
decisions are made, the provisions of section 3 Public Access of these
standing orders need not apply.
[s. 45 Local Government Official Information and Meetings Act
1987.]
Member means any person elected or appointed to the local
authority or to any committee or subcommittee or community board of
the local authority, and includes the Chairperson of the local
authority or of any committee or subcommittee of the local authority
or community board.
[s.2 Local Government Official Information and Meetings Act 1987.]
Minutes means any minutes or other record of the proceedings of
any meeting of the local authority and its committees and community
boards.
[s.45 Local Government Official Information and Meetings Act 1987.]
Ordinary meeting means any meeting publicly notified by the local
authority in accordance with section 46(1)(2) of the Local Government Official
Information and Meetings Act 1987.
Chief Executive Officer means the Chief Executive Officer of the local
authority as referred to in the Local Government Act 2002, and includes for the
purposes of these standing orders any other officer authorised by the local
authority.
Public excluded information includes:
- Information which:
- is currently before a public excluded session; or
- is proposed to be considered at a public excluded session; or
- had previously been considered at a public excluded session (other
than information subsequently released by the local authority as publicly
available information); and
- Any minutes (or portions of minutes thereof) of public excluded
sessions (other than those subsequently released by the local authority as
publicly available information); and
- Any other information which has not been released by the local
authority as publicly available information.
Public excluded session refers to those meetings or parts of meetings
from which the public is excluded by the local authority as provided for in the
Local Government Official Information and Meetings Act 1987.
Publicly notified means notified to members of the public by notice
contained in some newspaper circulating in the district of the local authority,
or, where there is no such newspaper in general circulation, means notified on
printed placards affixed to public places in the district.
[s.2 Local Government Official Information and Meetings Act 1987.]
Working day means any day of the week other than -
- Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day,
the Sovereign's Birthday, Waitangi Day and Auckland Anniversary day
- A day in the period commencing with the 25th day of December in any
year and ending with the 15th day of January in the following year.
[s.2 Local Government Official Information and Meetings Act 1987.]
1.2 Application of Standing Orders
1.2.1 These standing orders shall, so far as applicable, extend to the
proceedings of all local authority meetings and of all committees of the
local authority, including public excluded sessions, except as provided
for in Standing Order 1.2.2.
1.2.2
- A Workshop, Working Party Meeting or Briefing Meeting may be
established by resolution of the Council or any Committee of the Council
respectively, or may be called by the Mayor, a Committee Chairperson, the
Chief Executive Officer or a Director.
- Notwithstanding clause 1.2.1. above, the only provisions of
Standing Orders to Workshops, Working Party Meetings or Briefing Meetings
shall be those contained or referred to in this clause 1.2.2.
- A Briefing Meeting shall:
- Be convened by written notice from the Chief Executive Officer or
his nominee, addressed to every member to attend, expressly:
- Convening the meeting as a Briefing Meeting.
- Advising the date, time and place of the Briefing Meeting.
- Confirming the Briefing Meeting is not to reach any decision or
pass or make any resolution but is solely for the provision of information
and discussion.
- A Workshop or Working Party Meeting shall:
- Be convened by either:
- Written notice from the Chief Executive Officer or his nominee or
the Mayor or a Committee Chairperson.
- The notice or resolution referred to in (a) above shall expressly:
- Convene the meeting as a Workshop or Working Party Meeting.
- Advise the date, time and place of the Workshop or Working Party
Meeting.
- Confirm that the Workshop or Working Party Meeting is not to
reach any decision or consider, pass or make any resolution, but is solely
for the provision of information and discussion.
- Notwithstanding (iii) above, the Council or a Committee may
expressly authorise a working party to make a decision or to consider,
pass or make a resolution.
- Standing Orders, 1.15 (notification of ordinary meetings to
members), 2.1.1 (Chairperson to preside at meetings), 2.8 (quorum at
meetings), and 2.11 (minutes of proceedings) shall apply to a Workshop,
Working Party Meeting or Briefing Meeting.
- Minutes of a Workshop Meeting, Working Party Meeting or
Briefing Meeting shall include the following:
- The names of members attending, and
- A statement summarising the nature of the information received.
- In all other respects the conduct of a Workshop, Working
Party or Briefing Meeting shall be determined by the Chairperson of that
Meeting, if a Chairperson is appointed, in his or her absolute discretion.
1.2.3 All members to abide by Standing Orders
"A member of the council must abide by the standing orders adopted
under clause 27 [of Schedule 7 of the Local Government Act]."
[cl. 16(1), Schedule 7, LGA]
1.2.4 Addition to or substitution of Standing Orders
Notwithstanding the generality of standing order 1.2.3, for any
quasi-judicial proceedings, the council may adopt meeting procedures and
practices additional to, or in substitution of some or all of these
standing orders for the conduct of the business to be transacted.
For example, committees appointed to hear applications under the
Resource Management Act have powers under the Commissions of Inquiry Act
1908.
[s.41, RMA]
1.3 Chairperson's ruling final
1.3.1 The Chairperson shall decide all questions where these standing orders
make no provision or insufficient provision (see 2.19.1 regarding mode of
address of Chairperson and 2.1.1 regarding the Chairperson to preside at
meetings).
1.3.2 In regard to order 1.3.1 the Chairperson's ruling shall be final and
not open to debate (see 2.5.1, 2.19.3, 2.20.1, 2.20.5, 2.20.11 and
2.21.6).
1.3.3 Disorderly members to be excluded by Chairperson
"If any member who is required, pursuant to a ruling under
standing orders, to leave a meeting
- Refuses or fails to leave the meeting; or
- Having left the meeting, attempts to re-enter the meeting without
permission of the Chairperson,
any constable, or any officer or employee of the local authority, may,
at the request of the Chairperson, remove or, as the case may require,
exclude that member from the meeting."
(See 2.20.5, 2.20.10 and 2.24.1).
1.4 Suspension of Standing Orders
1.4.1 Temporary suspension of Standing Orders
"The council or a committee may temporarily suspend one or more
standing orders during a meeting by a vote of not less than 75% of the
members present and voting, and the reason for the suspension must be
stated in the resolution of suspension."
[cl. 27(4), Schedule 7, LGA]
1.4.2
Any motion to suspend one or more standing orders shall state the
specific order or orders which it is proposed to be suspended.
1.5 Alteration of Standing Orders
1.5.1 Alteration of Standing Orders
"After the adoption of the first standing orders of the council,
an amendment of the standing orders or the adoption of a new set of
standing orders requires, in every case, a vote of not less than 75% of
the members present."
1.6 First meeting of local authority following election
1.6.1 Meeting called by Chief Executive
"The first meeting of the council following a triennial general
election of members must be called by the chief executive as soon as
practicable after the results of the election are known. The chief
executive must give the persons elected to the council not less than 7
days' notice of the meeting. [However] if an emergency exists, the chief
executive may give notice of the meeting as soon as practicable. The chief
executive (or in the absence of the chief executive, a nominee of that
officer) must chair the meeting until the mayor or chairperson has made
and attested the declaration required under clause 14 [of Schedule 7 of
the Local Government Act]."
[cl. 21(1) - (4), Schedule 7, LGA]
1.6.2 Business to be conducted
"The business that must be conducted at the meeting must include -
- the making and attesting of the declarations required of the mayor
(if any) and members under clause 14 [of Schedule 7 of the Local
Government Act]; and
- a general explanation, given or arranged by the chief executive, of
-
- the Local Government Official Information and Meetings Act 1987;
and
- other laws affecting members, including - the appropriate
provisions of the Local Authorities (Members' Interests) Act 1968; and
sections 99, 105 and 105A of the Crimes Act 1961; and the Secret
Commissions Act 1910; and the Securities Act 1978; and
- the fixing of the date and time of the first meeting of the
council, or the adoption of a schedule of meetings; and
- the election of the deputy mayor in accordance with clause 17 [of
Schedule 7 of the Local Government Act]."
[cl. 21(5), Schedule 7, LGA
1.6.3 Members to give notice of addresses
Every member of the council must give to the chief executive a
residential or business address together with, if desired, a facsimile or
other address to which notices and material relating to meetings and
council business may be sent or delivered.
1.7 Voting systems for certain appointments
1.7.1 Provisions for election or appointment of Deputy Mayor, Chairpersons
and Deputy Chairperson of committees and representatives of the Council
This Standing Order applies to-
- the election or appointment of the deputy mayor; and
- the election or appointment of the chairperson and deputy
chairperson of a committee; and
- the election or appointment of a representative of the council.
The council or a committee (if the council has so directed) must
determine by resolution that a person be elected or appointed by using one
of the following systems of voting:
- the voting system set out below as system A
- the voting system set out below as system B
System A:
- requires that a person is elected or appointed if he or she
receives the votes of a majority of the members of the council or
committee present and voting and;
- has the following characteristics:
- there is a first round of voting for all candidates and;
- if no candidate is successful in that round, there is a second
round of voting from which the candidate with the fewest votes in the
first round is excluded and;
- if no candidate is successful in the second round, there is a
third and if necessary, subsequent round of voting from which each time,
the candidate with the fewest votes in the previous round is excluded and;
- in any round of voting, if two or more candidates tie for the
lowest number of votes, the person excluded from the next round is
resolved by lot.
System B:
- requires that a person is elected or appointed if he or she
receives more votes than any other candidate and;
- has the following characteristics:
- there is only one round of voting and;
- if two or more candidates tie for the most votes, the tie is
resolved by lot.
[cl. 25, Schedule 7, LGA]
1.8 Appointment of Committees
1.8.1 Appointment of committees, subcommittees and other subordinate
decision-making bodies
The council may appoint the committees, subcommittees, and other
subordinate decision-making bodies that it considers appropriate and a
committee may appoint the subcommittees that it considers appropriate
unless it is prohibited from doing so by the council.
[cl. 31 (1) & (2), Schedule 7, LGA]
Committees and subordinate decision-making bodies subject to the
direction of the council
"A committee or other subordinate decision-making body is subject
in all things to the control of the council and must carry out all general
and special directions of the council given in relation to the committee
or other body or the affairs of the committee or other body. A
subcommittee is subject in all things to the control of the committee that
appointed it, and must carry out all general and special directions of the
committee given in relation to the subcommittee or its affairs. Nothing in
this standing order entitles the council or a committee to rescind or
amend a decision made under a delegation authorising the making of a
decision by a committee, a subcommittee, or another subordinate
decision-making body."
1.9 Powers of Delegation
1.9.1 Delegations to committees, subcommittees, subordinate decision-making
bodies, community boards, members and officers
- "Unless expressly provided otherwise in [the Local Government
Act], or in any other Act for the purposes of efficiency and effectiveness
in the conduct of the council's business, the council may delegate to a
committee or other subordinate decision-making body, community board or
member or officer of the council any of its responsibilities, duties, or
powers except -
- the power to make a rate; or
- the power to make a bylaw; or
- the power to borrow money, or purchase or dispose of assets, other
than in accordance with the long-term council community plan; or
- the power to adopt a long-term council community plan, annual plan,
or annual report; or
- the power to appoint a chief executive; or
- the power to adopt policies required to be adopted and consulted on
under [the Local Government Act] in association with the long-term council
community plan or developed for the purpose of the local governance
statement.
- Nothing in this clause restricts the power of the council to
delegate to a committee or other subordinate decision-making body,
community board, or member or officer of the council the power to do
anything precedent to the exercise by the council (after consultation with
the committee or body or person) of any power or duty specified in (a) -
(f) above.
- A committee or other subordinate decision-making body, community
board, or member or officer of the council may delegate any of its
responsibilities, duties, or powers to a subcommittee or person, subject
to any conditions, limitations, or prohibitions imposed by the council or
by the committee or body or person that makes the original delegation.
- A committee, subcommittee, other subordinate decision making body,
community board, or member or officer of the council to which or to whom
any responsibilities, powers, or duties are delegated may, without
confirmation by the council or committee or body or person who made the
delegation exercise or perform them in the like manner and with the same
effect as the council could itself could exercise or perform them.
- The council may delegate to any other local authority,
organisation, or person the enforcement, inspection, licensing, and
administration related to bylaws and other regulatory matters.
- The council must consider whether or not to delegate to a community
board, if the delegation would enable the community board to best achieve
its role.
- To avoid doubt, no delegation relieves the council member or
officer of the liability or legal responsibility to perform or ensure
performance of any function or duty.
- The delegation powers in this clause are in addition to any power
of delegation the council has under any other enactment."
[cl.32(1) - (8), Schedule 7, LGA]
1.10 Membership of Committees and Sub-Committees
1.10.1 Appointment or discharge of committee members and subcommittee
members
"The council may appoint or discharge any member of a committee.
Unless directed otherwise by the council, a committee may appoint or
discharge any member of a subcommittee appointed by the committee."
[cl.31(1) & (2), Schedule 7, LGA]
Discharge or reconstitution of committees, subcommittees and other
subordinate decision-making bodies
Discharge or reconstitution of committees, subcommittees and other
subordinate decision-making bodies
"Unless expressly provided otherwise in an Act, -
- The council may discharge or reconstitute a committee or
subcommittee or other subordinate decision-making body; and
- a committee may discharge or reconstitute a subcommittee.
A committee, subcommittee or other subordinate decision-making body is,
unless the council resolves otherwise, deemed to be discharged on the
coming into office of the members of the council elected or appointed at,
or following, the triennial general election of members next after the
appointment of the committee, subcommittee, or other subordinate
decision-making body."
[cl. 30(5) & (7), Schedule 7, LGA]
The council may replace members if committee not discharged.
The council may replace members if committee not discharged
"If the council resolves that a committee, subcommittee, or other
decision-making body is not to be discharged under clause 30(7) [of
Schedule 7 of the Local Government Act], the council may replace the
members of that committee, subcommittee or other subordinate
decision-making body after the next triennial general election of
members."
[cl. 31(5), Schedule 7, LGA]
Elected members on committees and subcommittees
"The members of a committee or subcommittee may, but need not be,
elected members of the council and the council or a committee may appoint
to a committee or subcommittee a person who is not a member of the council
or committee if, in the opinion of the council, that person has the
skills, attributes or knowledge that will assist the work of the committee
or subcommittee. At least 1 member of a committee must be an elected
member of the council; and an employee of the council acting in the course
of his or her employment may not act as a member of any committee unless
that committee is a subcommittee."
[cl. 31(3) & (4), Schedule 7, LGA
Minimum numbers on committees and subcommittees
"The minimum number of members is 3 for a committee, and is 2 for
a subcommittee.
[cl. 31(6), Schedule 7, LGA]
1.11 Joint Committees
1.11.1 Appointment of Joint committees
"The council may appoint a joint committee with another local
authority or other public body."
[cl. 30(1), Schedule 7, LGA]
1.11.2 Status of Joint Committees
"A joint committee is deemed to be both a committee of the council
and a committee of the other local authority or public body."
[cl. 30(8), Schedule 7, LGA]
Powers and responsibilities of joint committees
"The powers to discharge any individual member to appoint another
in his or her stead must be exercised by the local authority or public
body that made the appointment and, the quorum at a meeting consists of:
- half of the members if the number of members (including vacancies)
is even, or;
- a majority of members if the number of members (including
vacancies) is odd, and the committee may appoint and remove its own chairperson or deputy
chairperson.
For the purposes of a public body that is not a local authority, the
above clauses apply to the extent that they are not inconsistent with the
law applicable to committees of the public body.
[cl. 30(9) & (10), Schedule 7, LGA]
1.12 Proceedings not invalidated by vacancies, irregularities
1.12.1 Proceedings not invalidated by vacancies or irregularities
"An act or proceeding of the council or committee, or of a person
acting as a member of the council or committee, is not invalidated by a
vacancy in the membership of the council or committee at the time of that
act or proceeding, or the subsequent discovery of some defect in the
election or appointment of the person acting as a member of the council or
committee, or that that person was or is incapable of being a
member."
[cl. 29, Schedule 7, LGA]
1.13 General provisions as to meetings
1.13.1
- Every local authority must hold such meetings as are
necessary for the good government of its district.
- Every member of a local authority or of any committee of a local
authority shall, unless lawfully excluded, have the right to attend any
meeting of the local authority or committee.
[cl. 19(2), Schedule 7, LGA]
Calling, public notification and conduct of meetings
"Meetings of the council must be called and conducted in
accordance with Schedule 7 of the Local Government Act; and Part VII of
the Local Government Official Information and Meetings Act 1987; and the
standing orders of the council."
[cl. 19(3), Schedule 7, LGA]
1.14 Notification of ordinary meetings to members
1.14.1 Period for notice in writing
"The chief executive must give notice in writing to each member of
the time and place of an ordinary meeting -
- not less than 14 days before the meeting; or
- if the council has adopted a schedule of meetings, not less than 14
days before the first meeting on the schedule."
[cl. 19(5)(a), (b), Schedule 7, LGA]
Schedule of ordinary meetings
"If the council adopts a schedule of ordinary meetings, -
- the schedule may cover any future period that the council considers
appropriate and may be amended; and
- notification of the schedule or any amendment to that schedule
constitutes a notification of every meeting on the schedule or
amendment."
[cl. 19(6), Schedule 7, LGA]
Cancellation of Scheduled Meetings
If it is necessary to cancel a scheduled meeting, all reasonable effort
shall be taken to notify elected members and the public as soon as
practicable of the cancellation and of the reasons for the cancellation.
1.15 Extraordinary meetings
1.15.1 Extraordinary meetings may be called
"If a resolution or requisition specifies the time and place at
which the meeting is to be held and the general nature of the business to
be brought before the meeting, a meeting may be called by -
- a resolution of the council or committee; or
- a requisition in writing delivered to the chief executive and
signed by -
- the mayor or committee chairperson
- not less than one-third of the total membership of the council or
committee (including vacancies)."
[cl. 22(1), Schedule 7, LGA]
1.15.2 Notification of extraordinary meetings to members
"Notice in writing of the time and place of the meeting called
under Standing Order 1.15.1 and of the general nature of business must be
given by the chief executive to each member of the council or committee at
least 3 working days before the day appointed for the meeting; or if the
meeting is called by a resolution, within such lesser period of notice
that is specified in the resolution, being not less than 24 hours."
[cl. 22(3), Schedule 7, LGA]
1.15.3 Calling of extraordinary meetings at earlier time
"If the business to be dealt with requires a meeting to be held at
a time earlier than is allowed by the notice requirements specified in
Standing Order 1.15.2, a meeting may be called by the mayor or committee
chairperson; or if the mayor or committee chairperson are unavailable, the
chief executive."
[cl. 22(2), Schedule 7, LGA]
1.15.4 Notification of extraordinary meetings held at earlier time
"Notice of the time and place of a meeting called under Standing
Order 1.15.3 and of the matters in respect of which the meeting is being
called must be given by the person calling the meeting or by another
person on that person's behalf, by whatever means is reasonable in the
circumstances, to each member of the council or committee and to the chief
executive at least 24 hours before the time appointed for the
meeting."
[cl. 22(4) Schedule 7, LGA]
1.15.5 Public notice of resolutions of extraordinary meetings
"Where any resolution is passed at an extraordinary meeting of the
council or a committee, the council must cause the resolution to be
publicly notified as soon as practicable, unless the resolution was passed
at a meeting or part of a meeting from which the public was
excluded."
[s. 51A, LOGIMA]
1.16 Notices to members of meetings
1.16.1 The Chief Executive Officer shall give notice in writing to members of
the time and place appointed from time to time for holding each ordinary
meeting already scheduled and any extraordinary meetings, and the members
shall attend such meetings without further notice. The fact that the
meeting has been publicly notified shall not be deemed to be notice to
members.
[s.46 LGOIMA 1987.]
1.16.2 Order paper and agenda papers to be sent to members
The Chief Executive Officer shall give to each Councillor not less than
two clear days' notice of each meeting of the Council and Committee to be
held and of the principal business to be submitted.
1.17 Meetings not invalid because notice not received.
1.17.1
"A meeting of the council or committee is not invalid if notice of
that meeting was not received, or not received in due time, by a member of
the council or committee unless -
- it is proved that the person responsible for giving notice of the
meeting acted in bad faith or without reasonable care; and
- the member concerned did not attend the meeting.
A member of the council may waive any requirement regarding the giving
of notice of a meeting to that member."
[cl. 20(1), (2), Schedule 7, LGA]
1.18 Mayor and Deputy Mayor ex-officio members
1.18.1 The Mayor and Deputy Mayor of the Council shall be ex officio members
of every Standing Committee, Sub-committee and Enterprise Board.
