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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:
1. is currently before a public excluded session; or
2. is proposed to be considered at a public excluded session; or
3. 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:
1. Be convened by written notice from the Chief Executive Officer or his nominee, addressed to every member to attend, expressly:
  1. Convening the meeting as a Briefing Meeting.
  2. Advising the date, time and place of the Briefing Meeting.
  3. 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:
1. Be convened by either:
  1. Written notice from the Chief Executive Officer or his nominee or the Mayor or a Committee Chairperson.
2. The notice or resolution referred to in (a) above shall expressly:
  1. Convene the meeting as a Workshop or Working Party Meeting.
  2. Advise the date, time and place of the Workshop or Working Party Meeting.
  3. 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.
  4. 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:
1. The names of members attending, and
2. 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 -
1. the Local Government Official Information and Meetings Act 1987; and
2. 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:
1. there is a first round of voting for all candidates and;
2. 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;
3. 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;
4. 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:
1. there is only one round of voting and;
2. 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 -
1. the power to make a rate; or
2. the power to make a bylaw; or
3. the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term council community plan; or
4. the power to adopt a long-term council community plan, annual plan, or annual report; or
5. the power to appoint a chief executive; or
6. 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 -
1. the mayor or committee chairperson
2. 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.