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Standing orders - rules of meeting conduct

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1 Meetings

2.1 Chairperson to preside at meetings

2.1.1 Mayor to preside

"The mayor must preside at each meeting of the council at which he or she is present unless the mayor vacates the chair for a particular meeting or item. The Mayor shall neither speak nor vote on that item. If the mayor is absent from a meeting, the deputy mayor must preside. If a deputy mayor has not been appointed, or if the deputy mayor is also absent, the members of the council that are present must elect 1 of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the mayor."

[cl. 26(1), (5) & (6), Schedule 7, LGA]

Chairperson of committee to preside

"The chairperson of a committee must preside at each meeting of the committee at which he or she is present unless the chairperson vacates the chair for a particular meeting or item. The Chairperson shall neither speak nor vote on that item. If the chairperson of a committee is absent from a meeting, the deputy chairperson (if any) of the committee must preside. If a deputy chairperson has not been appointed, or if the deputy chairperson (is) also absent, the members of the committee that are present must elect 1 of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the chairperson."

[cl. 26(2), (5) & (6), Schedule 7, LGA]

2.2 Order of business

2.2.1 The Order of Business for ordinary meetings of the Auckland City Council shall be:

• Open Section
• Apologies
• Confirmation of Minutes
• Leave of Absence
• Petitions
• Deputations
• Extraordinary business
• Reports of Committees
• Reports of Officers
• Notices of Motion
• Mayor, Deputy Mayor and Councillors' Reports (Information)
• Consideration of extraordinary business items
• Questions

Public Excluded Section

• Reports of Committees
• Reports of Officers
• Mayor / Deputy Mayor and Councillors' Reports (Information)

2.3 Order Paper

2.3.1 Order of business

The Chief Executive Officer shall prepare for each meeting an order paper setting forth the items of business to be brought before the meeting so far as is known. At the meeting the business shall be dealt with in the order in which it stands on the said order paper unless the meeting determines otherwise (see 1.16.2).

2.3.2 Order papers and agenda may be embargoed

Order papers and agenda detailing business to be considered by a meeting may be issued to members of the news media on the basis of being embargoed until the commencement of the relevant meeting, or such earlier time as is stated in the order paper (see 3.2.6 and 3.3.4).

2.3.3

The Chief Executive Officer shall place on a confidential agenda paper any matters for which he considers the local authority or committee of the local authority is likely in his opinion to wish to exclude the public in terms of the Local Government Official Information and Meetings Act 1987, provided that an indication of the subject matter likely to be considered in exclusion of the public shall be placed on the order paper available to the public.

2.3.4

Where copies of the order paper for any meeting are reproduced by any means for use by members of the local authority, additional copies of the order paper shall be available for members of the public attending that meeting and subject to a member of the public requesting a copy of the order paper accordingly and tendering the prescribed amount (if any) may take such order paper away from the meeting place. Copies of the order paper supplied for members of the public as provided for in this clause shall include such statements or particulars, if any, as are necessary to indicate the nature of any items included in the order paper unless that item refers to any matter considered in terms of clause 2.3.3 hereof likely to be taken by the meeting in exclusion of the public.

2.4 Chairman's Report

2.4.1 

The Chairperson shall, by report, have the right to direct the attention of the local authority to any matter or subject within the role or function of the local authority.

2.5 Extraordinary business at ordinary meetings

2.5.1 An item not on the agenda for a meeting, may be dealt with at that meeting if -

2.5.2 Urgent items

• The local authority by resolution so decides; and
• The presiding member explains at the meeting at a time when it is open to the public,-

1. The reason why the item is not on the agenda; and
2. The reason why the discussion of the item cannot be delayed until a subsequent meeting.

2.5.2(a) Minor items

Where an item is not on the agenda for a meeting, -

• That item may be discussed at that meeting if -

1. That item is a minor matter relating to the general business of the local authority; and
2. The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

• No resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.''

2.6 Precedence of business

2.6.1

Notwithstanding anything to the contrary contained in these standing orders, and after the confirmation of the minutes of the previous meeting, the Chairperson as a matter of urgency, or the local authority on a motion duly passed without debate, may accord precedence to any business set down on the order paper for consideration.

2.6.2 Chairperson's recommendations

The Chairperson of any meeting may include on the agenda or the draft resolutions for that meeting a chairperson's recommendation regarding any item brought before the meeting.

2.7 Time limit at meetings

2.7.1

All ordinary or extraordinary meetings of the Auckland City Council shall continue until the completion of business on the order paper for the meeting provided however that where any meeting has continued for more than six hours or beyond 10.30 pm, the Council may resolve that any business on the order paper and not dealt with shall be adjourned to the next ordinary meeting or extraordinary meeting.

2.8 Quorum at meetings

2.8.1 Requirement for a Quorum

"A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote."

[cl. 23(1), Schedule 7, LGA]

2.8.2 Quorum to be present throughout meeting

"Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted."

[cl. 23 (2), Schedule 7, LGA]

2.8.3 Definition of quorum for council meetings

"The quorum at a meeting of -

• The council consists of -

1. half of the members if the number of members (including vacancies) is even; or
2. a majority of members if the number of members (including vacancies) is odd."

[cl. 23(3), Schedule 7, LGA]

2.8.4 Definition of quorum for committee meetings

"The quorum at a meeting of -

• a committee -

1. is not fewer than 2 members of the committee (as determined by the council or committee that appoints the committee); and
2. in the case of a committee other than a subcommittee, must include at least 1 member of the council."

[cl. 23(3), Schedule 7, LGA]

2.9 Failure of a quorum

2.9.1 Meeting lapses if no quorum

If a meeting is short of a quorum at its commencement, or falls short of a quorum, the business shall stand suspended and, if no quorum is present within twenty minutes, the Chairperson shall vacate the chair and the meeting shall lapse.

2.9.2 Lapsed business

The business remaining to be disposed of following the lapsing of a meeting shall stand adjourned until the next ordinary meeting unless an earlier meeting is fixed by the Chairperson and notified by the Chief Executive Officer.

2.9.3 Minutes to record failure of quorum

If a meeting lapses by reason of failure of a quorum, the names of the members then in attendance, and the fact of the adjournment shall be recorded by the Chief Executive Officer (see 2.11.2).

2.10 Leave of absence and apologies

2.10.1 Granting leave of absence

The local authority may grant leave of absence to a member from an ordinary meeting or other meetings of the local authority or its committees upon application by the member.

2.10.2 Apologies at meetings

If a member has not obtained leave of absence an apology may be tendered on behalf of the member and the apology may be accepted or declined by the local authority. Acceptance of the apology shall be deemed to be a granting of leave of absence for that meeting.

2.10.3 Recording of apologies

The chairperson of each meeting must invite apologies at the beginning of each meeting, including apologies for lateness and early departure, and these and subsequent apologies during the meeting shall be recorded in the minutes, including whether they were accepted or declined, and the time of arrival and departure of all members.

2.10.4 Absence without leave

An extraordinary vacancy is created where any member is absent without leave of the council, committee or community board from 4 consecutive ordinary meetings.

[cl. 5, Schedule 7, LGA]

2.11 Minutes of proceedings

2.11.1 Minutes to be evidence of proceedings

• The council must keep minutes of its proceedings.
• Minutes of proceedings duly entered and authenticated as prescribed by the council are prima facie evidence of those proceedings."

[cl. 28, Schedule 7, LGA]

2.11.2 Keeping of minutes

The chief executive or his/her designated representative must keep the minutes of meetings. The minutes must record the date, time and venue of the meeting; the names of those members present; identification of the chairperson; apologies tendered and accepted; arrival and departure times of members; any failure of a quorum; a list of speakers in the public forum and the topics they cover; a list of items considered; resolutions and amendments pertaining to those items; any objections to words used; all divisions taken; names of any members requesting the recording of their abstentions or votes; declarations of pecuniary interest; contempt, censure and removal of any members; resolutions to exclude members of the public; and the time that the meeting concludes or adjourns.

(see 2.9.3, 2.19.5, 2.20.10, 2.22.2, 2.22.7 and 3.3.4).

2.11.3 Approval of minutes

The minutes and proceedings of every meeting shall be circulated to members and considered at the next meeting succeeding, and, if approved by that meeting, or when amended as directed by that meeting, shall be signed by the Chairperson of such succeeding meeting.

2.11.4 No discussion on minutes

No discussion shall arise on the substance of the minutes at the succeeding meeting, except as to their correctness.

2.12 Minute books

2.12.1 Inspection of minute books

The minute books of the local authority shall be kept by the Chief Executive Officer and shall be open to inspection in accordance with the Local Government Official Information and Meetings Act 1987 and the Local Government Act 2002

[s.51 LGOIMA 1987.]

2.12.2 Minutes of last meeting before election

The Chairperson and the Chief Executive Officer shall be responsible for confirming the correctness of the minutes of the last meeting of a local authority prior to the next election of members.

2.13 Deputations/Public Forum

Deputations may be received by the Council (or any of its committees or community boards) or public forum held before a committee or community board (except the Planning Fixtures Committee) provided in the case of deputations that a written application setting out the subject matter and names of speaking members of the deputation has been lodged with the Chief Executive at least three days before the date of the meeting concerned (unless waived under standing order 2.13.2) and has been subsequently approved by the Chairperson. The Chairperson may in his or her discretion refuse a deputation/public forum on any reasonable grounds including, but not limited to: insufficient time to hear the deputation/public forum at the meeting; the deputation/public forum would more suitably be heard at another meeting of council or before a committee or a different committee; the subject matter of the deputation/public forum is offensive or repetitious or vexatious or is considered likely to be so; the subject matter is insufficiently relevant to the business of council (or a committee); the previous disorderly or inappropriate behaviour of members of the deputation/public forum at council or committee meetings.

2.13.2

Notwithstanding order 2.13, where in the opinion of the Chairperson the matter which is the subject of a deputation is one of urgency or major public interest, the Chairperson may determine that the deputation be received by the local authority.

2.13.3 Procedures re deputations

Except with the approval of the local authority (or committee thereof) not more than two members of a deputation may address the meeting. After a deputation is received members may put to the deputation any question pertinent to the subject heard, but no member shall express an opinion upon, or discuss the subject, nor move a motion until the deputation has completed making its submissions and answering questions (see 2.23.1 regarding qualified privilege).

2.13.4 Termination of deputation if disrespectful

The Chairperson may terminate a deputation in progress which is disrespectful or offensive, or where the Chairperson has reason to believe statements have been made with malice (see 2.23.1 regarding qualified privilege).

2.13.5 Time limit on deputation

Unless the meeting determines otherwise in any particular case, a limit of 10 minutes is placed on a speaker making a presentation, or if there are 2 members of the deputation addressing the meeting 10 minutes in total for the 2 speakers.

2.13.6 Deputations and presentations in English or Maori

A deputation or presentation to the council or any of its committees, may be made in English or Maori. Prior arrangement with the chairperson should be sought at least 2 working days before the meeting if the address is not in English. The chairperson may order that any speech or document presented be translated and/or printed in another language.

2.14 Petitions

2.14.1 Form of petitions

Every petition presented to the local authority (or to any committee thereof) shall comprise less than 500 words and shall not be disrespectful, nor use offensive language or make statements made with malice (see 2.23.1 regarding qualified privilege).

2.14.2 Petition where presented by petitioner

Where a petition is presented by a petitioner, unless the local authority determines otherwise, a limit of five minutes shall be placed on that person (see 2.23.1 regarding qualified privilege). If the Chairperson has reason to believe that the petitioner is disrespectful or offensive, or has made statements with malice, the chairperson shall terminate presentation of the petition.

2.14.3 Petition in English or Maori

A petition presented to a local authority or any of its committees may be in English or Maori. Prior arrangement with the chairperson should be sought at least 2 working days before the meeting if the petition is not in English. The chairperson may order that any petition be translated and/or printed in another language.

2.15 Procedural motions to terminate or adjourn debate

2.15.1 Members who may move procedural motions to terminate or adjourn debate

Any member who has not spoken during debate on any matter may move any one of the following procedural motions to terminate or adjourn debate, but not so as to interrupt a member speaking:

• That the meeting be adjourned to the next ordinary meeting, unless an alternative time and place is stated; or
• That the item of business being discussed be adjourned to a time and place to be stated; or
• That the motion under debate be now put, this is called (a "closure motion");

or

• That the meeting move directly to the next business, superseding the item under discussion; or
• That the item of business being discussed does lie on the table, and not be further discussed at that meeting; or
• That the item of business being discussed be referred (or referred back) to the relevant committee of the local authority.

2.15.2 Procedural motions to terminate or adjourn debate to take precedence

Procedural motions to terminate or adjourn debate shall take precedence over other business (other than points of order), and shall, if seconded, be put to the vote immediately without discussion or debate.

2.15.3 Voting on procedural motions to terminate or adjourn debate

All procedural motions to terminate or adjourn debate shall be determined by a majority of those members present and voting. Such procedural motions can only be determined after a minimum of five speakers have spoken in the debate. If lost, a further procedural motion to terminate or adjourn debate may not be moved by any member within a quarter of an hour thereafter.

2.15.4 Closure motion to be put if no further speaker

Notwithstanding order 2.15.3 a closure motion shall be put if there is no further speaker in the debate.

2.15.5 Closure motion on amendment

When an amendment to a motion is under debate, a closure motion relates to the amendment and not to the motion.

2.15.6 Right of reply following closure

If a closure motion is carried, the mover of the motion then under debate is entitled to the right of reply, and the motion or amendment under debate shall then be put.

2.15.7 Debate on items previously adjourned

The debate on adjourned items of business shall be resumed with the mover of such adjournment being entitled to speak first in the debate. Members who have already spoken in the debate may not speak again.

2.15.8 Adjourned items taken first

Adjourned items of business shall be taken first at the subsequent meeting in the class of business to which they belong.

2.15.9 Other business not superseded

The carrying of any motion to adjourn a meeting shall not supersede other business before the meeting remaining to be disposed of, and such other business shall be considered at the next meeting.

2.15.10 Referral or referred back to committee

Business referred, or referred back, to a specified committee shall be considered at the next ordinary meeting of that committee, unless otherwise specified.

Refer Appendix B – Table of procedural motions

2.16 Notices of motion

2.16.1 Notices of motion to be in writing

Notices of motion shall be in writing signed by the mover, stating the meeting at which it is proposed that the notice of motion be considered, and shall be delivered to the Chief Executive Officer at least seven clear days before such meeting (see 2.18.14).

2.16.2 Refusal of notice of motion

The Mayor or Chairperson may direct the Chief Executive Officer to refuse to accept any notice of motion which is:

Disrespectful or which contains offensive language or statements made with malice; or

Not relevant to the role, functions or fields of activity of the council committee or community board concerned;

Contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the Chief Executive Officer may make or

2.16.3 Mover of notice of motion to be present

No notice of motion shall proceed in the absence of the mover, unless moved by another member authorised in writing by the mover to do so

2.16.4 Alteration of notice of motion

A notice of motion may only be altered by the mover with the consent of the meeting.

2.16.5 When notices of motion lapse

Notices of motion not moved on being called for by the Chairperson shall lapse.

2.16.6 Referral of notices of motion to committees

Any notice of motion referring to any matter ordinarily dealt with by a committee of the council may be referred to that committee by the Chief Executive Officer. Where such notices are so referred, the mover of the motion shall, if not a member of that committee, have the right to move that motion, and of reply, as if a committee member.

2.17 Repeat notices of motion

2.17.1 First repeat where notice of motion rejected

When a motion which is the subject of a notice of motion has been considered and rejected by the council, no similar notice of motion which, in the opinion of the Mayor or Chairperson, is substantially the same in purport and effect may be accepted within the next six months unless signed by not less than one-third of the members of the local authority (including vacancies).

2.17.2 Second repeat where notice of motion rejected

If such a repeat notice of motion as provided for in Standing Order 2.17.1 is also rejected by the council or committee, any further notice prior to the expiration of the original period of six months must be signed by a majority of all members of the council (including vacancies).

2.17.3 No repeats where notice of motion agreed

Where a notice of motion has been considered and agreed by the council, no notice of any other motion which is, in the opinion of the Chairperson, to the same effect shall be put again whilst such original motion stands.

2.18 Motions and amendments

2.18.1 Requirement for a seconder

All types of motions and amendments moved in debate (including notices of motion) must be seconded, saved that this order shall not apply to meetings of Standing or Sub-committees, or Enterprise Boards.

2.18.2 Withdrawal of motions and amendments

Once motions or amendments have been seconded and proposed by the Chairperson from the chair for discussion they cannot be withdrawn without the consent of a majority of the members present and voting. A motion to which an amendment has been moved and seconded cannot be withdrawn until the amendment is first withdrawn or lost.

2.18.3 Substituted motion by amendment

The meeting may allow a motion which is subject to an amendment to be withdrawn and replaced by the said amendment as the substituted motion, provided the mover and seconder of the original motion agree to the withdrawal of the original motion. In such case, members who have spoken to the original motion may speak again to the substituted motion.

2.18.4 Motions in writing

The Chairperson may require the mover of any motion or amendment to submit it in writing signed by the mover.

2.18.5 Divisions of motions

The Chairperson, or the meeting, may require a complicated motion (whether an original motion, a substituted motion, or amendment thereto) to be divided, or to be decided part by part.

2.18.6 Alteration once moved

When a motion has been seconded and proposed by the Chairperson for discussion, an amendment may be moved and seconded by any members who have not yet spoken to the motion (whether an original motion or substituted motion). The mover or seconder of a motion for the adoption of the report of a committee who desires to amend any item in the report may also propose or second an amendment, once the original motion has been moved and seconded and is open for debate.

2.18.7 Amendments not seconded

Amendments which are proposed but not seconded at council and community board meetings shall not be in order nor entered in the minutes.

2.18.8 Further amendments

No further amendment shall be allowed until the first amendment is disposed of, although members may give notice to the chair of their intention to move further amendments and the tenor of their content.

2.18.9 Where amendment lost

Where an amendment is lost, another may be moved and seconded by any members who have not spoken to the motion (whether an original motion or substituted motion). Movers and seconders of previous amendments which were lost shall be regarded as having spoken to the motion only and shall be entitled to speak to the new amendment, but shall not be entitled to move or second the new amendment.

2.18.10 Where amendment carried

Where an amendment is carried, the motion as amended becomes the substantive motion, and any member, other than previous movers or seconders in the debate, may then propose a further amendment.

2.18.11 Amendments relevant

Every proposed amendment must be relevant to the motion under discussion and not be in similar terms to an amendment which has been lost.

2.18.12 Direct negatives not allowed

No amendment which amounts to a direct negative shall be allowed which, if carried, would have the same effect as negating the motion.

Note: The test is, if the success of the amendment would have the same effect as the defeat of a motion, then it is a direct negative.

2.18.13 Same members not to move or second further amendments

The procedure in order 2.18.9 and 2.18.10 shall be continued until a final resolution is adopted, subject to the rule that amendments may be moved and seconded only by members who have not spoken to the motion, or who have not moved or seconded previous amendments. Such members may however speak to amendments moved and seconded by other members.

Note: A flowchart showing the process regarding motions and amendments is attached as Appendix C.

2.18.14 Revocation or alteration of resolutions

All or part of a resolution agreed at a meeting of the local authority may be revoked or altered as follows:

• Notice of motion for the revocation or alteration of all or part of a previous resolution shall be given to the Chief Executive Officer by the member intending to move such a motion. Such notice shall set out:

1. the resolution or part thereof which it is proposed to revoke or alter;
2. the meeting date when it was passed;
3. and the motion, if any, that it is intended to move in substitution thereof;

• Such notice shall be given to the Chief Executive Officer at least seven clear days before the meeting at which it is proposed to consider such motion and shall be signed by not less than one third of the members of the local authority (including vacancies);
• At least two clear days' notice in writing shall then be given by the Chief Executive Officer to the members of the intended motion and of the meeting at which it is proposed to move such motion (see (b) above and 2.18.17).

2.18.15 Restriction on action to be taken on previous resolution

Where a notice of motion has been given in terms of order 2.18.14 no action which is irreversible shall be taken under the resolution proposed to be revoked or altered until the proposed notice of motion has been dealt with by the local authority. However, if in the opinion of the Chairperson, the practical effect of the delay so occasioned would be equivalent to a revocation of the resolution, or if, by reason of repetitive notices the effect of the notice is, in the opinion of the Chairperson, an attempt by a minority to frustrate the will of the local authority then, in either case, action may be taken as though no such notice to the Chief Executive Officer had been given or signed.

2.18.16 Revocation or alteration of resolution at same meeting

If, during the course of a meeting of the local authority, fresh facts or information are received concerning a matter already resolved at the meeting, then such previous resolution may be revoked or altered by the consent of three-quarters of the members present and voting.

2.18.17 Local authority may revoke or alter any previous resolution

Any local authority meeting may, on a recommendation contained in a report by the Chairperson or Chief Executive Officer, or the report of any committee, revoke or alter all or part of any resolution previously passed by the local authority or committee thereof, provided that notification of such recommendation shall have been given to the Chairperson and members at least two clear days before the meeting at which such recommendation is to be considered.

2.18.18 Restating the motion before division

The Chairperson may, immediately prior to any division being taken, request the Chief Executive Officer to restate the motion upon which the division is to be taken. Once the Chairperson has put the motion, no member may speak to that motion after it has been put and voted upon.

2.18.19 New motion when original motion lost

Where a motion is lost, another motion may be moved, relevant to the topic under debate, by any member. Such a motion may be forewarned by the member intending to move it.

2.19 Rules of debate

2.19.1 Mode of address for Chairperson

The person in the chair shall be addressed in such terms as denotes the statutory office of that person - the choice of mode of address being as determined by that person.

2.19.2 Reserving speech

A member may second a motion or amendment without speaking to it, reserving the right to speak later in the debate.

2.19.3 Irrelevant matter and tedious repetition

In speaking to any motion or amendment, members shall confine their remarks strictly to such motion or amendment, and shall not introduce irrelevant matter or indulge in tedious repetition. In this matter, the Chairperson's ruling shall be final and not open to challenge.

2.19.4 Limitation on speakers

If three speakers have spoken consecutively in support of, or in opposition to, any motion the Chairperson may call for a speaker to the contrary. If no such speaker is forthcoming and after the mover has exercised the right of reply, the motion shall be put. Any member speaking shall, if called upon by the Chairperson to do so, announce whether they are speaking in support of or against the motion or amendment.

2.19.5 Taking down words

When any member objects to words used and desires his or her objection to be recorded in the minutes, the Chairperson may order the objection to be recorded, provided such objection be made at the time the words were used and not after any other members have spoken (see 2.21.4).

2.19.6 Reading of speeches

Members shall not read their speeches, except with the permission of the Chairperson, but may refresh their memory by reference to notes.

2.19.7 Time limits

The following time limits shall apply to members speaking at local authority meetings, unless extended by a majority vote of members present:

• Movers of motions when speaking to the motion, ten minutes;
• Movers of motions, when exercising their right of reply, five minutes;
• Other members, not more than five minutes.

2.19.8 Member speaking more than once

Except pursuant to orders 2.19.10, 2.19.13 and 2.19.14 a member may not speak more than once to a motion, save that this order shall not apply to meetings of Standing or Sub-Committees, or Enterprise Boards.

2.19.9 Restating of motion

Members may request the Chairperson to restate the motion for their information at any time during the debate, but not so as to interrupt.

2.19.10 Right of reply

The mover of an original motion (not an amendment) shall have the right of reply. After the mover has commenced such reply, or has intimated the wish to forego this right, or having spoken to an amendment to the motion and the Chairperson has intimated his intention to put the motion, no other member of the local authority shall speak on the motion. Movers in reply shall not introduce any new matter and shall confine themselves strictly to answering previous speakers.

2.19.11 When right of reply may be exercised

The right of reply shall be governed as follows:

• Where no amendment has been moved, the mover may reply at the conclusion of the discussion on the motion;
• If there is an amendment, the mover of the original motion may make such reply at the conclusion of the debate on such amendment, and this reply shall exhaust the right thereto as mover of the original motion (see 2.19.10). Provided that the mover may reserve such right of reply. The mover may, however, take part in the discussion upon subsequent amendments.

2.19.12 Speaking only to relevant matters

Members may speak to any matter before the meeting or upon a motion or amendment to be proposed by themselves, or upon a point of order arising out of debate, but not otherwise.

2.19.13 Personal explanation

Notwithstanding order 2.19.8, members may make a personal explanation with the permission of the Chairperson, but such matters may not be debated.

2.19.14 Explanation of previous speech

With the permission of the Chairperson, explanation of some material part of a previous speech in the same debate may be given by a member who has already spoken, but new matter may not be introduced.

2.19.15 Community Board speaking rights

• Community Boards shall have speaking rights when matters affecting their board area are discussed at Council and Committee meetings, except where the issue is subject to a statutory hearing process before the Council or a Committee.
• Speaking rights are to be exercised by the board chairperson or by his/her nominee
• Should the occasion arise where a community board wishes to exercise speaking rights on more that one item appearing on a council or committee agenda, it is understood that the board chairperson or his/her nominee, can appoint a board member to speak on each individual item which appears on a council or committee agenda.

2.20 Conduct of meetings

2.20.1 Chairperson to decide

The Chairperson shall decide all points of order and any member who refuses to obey any order or ruling of the Chairperson shall be held guilty of contempt (see 1.2.2, 1.3, and 2.21).

2.20.2 Chairperson rising

Whenever the Chairperson rises during a debate any member then speaking or offering to speak shall be seated, and members shall be silent so that the Chairperson may be heard without interruption.

2.20.3 Members to speak in places

Members desiring to speak shall rise in their place, or raise an arm and address the Chairperson, and shall not leave their place while speaking without the leave of the Chairperson, save that this order shall not apply to meetings of standing or sub-committees or enterprise boards, or to extraordinary meetings of the Council.

2.20.4 Priority of speakers

When two or more members rise to speak, or raise an arm to seek the call, the Chairperson shall name the member who has the right to speak first, provided that the following members shall have precedence, where in order, when they rise or raise an arm and state their intention to:

• Raise a point of order (2.21), including any request to obtain a time extension for the previous speaker;
• Move a motion to terminate or adjourn the debate (see 2.15); or
• Make a point of explanation or request an indulgence of the Chairperson (see 2.19.13 or 2.19.14).

2.20.5 Disorderly members to withdraw

Members called to order by the Chairperson shall resume their seats and/or stop speaking, as the case may be. Should any member refuse to obey, such member may be directed by the Chairperson to withdraw from the meeting. Upon such direction, any such member shall withdraw and shall not be permitted to return during the meeting, or any period thereof of that meeting that the Chairperson may determine (see 1.3.3).

2.20.6 Members not to be disrespectful`

• No member of the local authority shall at any meeting, be disrespectful in speech or use offensive or malicious language including in reference to:

1. the local authority, or
2. any other member, or
3. any officer or employee of the local authority.

• In addition, no member shall impute improper motives, or make offensive remarks about the private affairs of any other member of the local authority or its staff.

2.20.7 Reaction of or apology for offensive or malicious language

Any member having used offensive or malicious language at a meeting who does not retract or apologise, may thereupon, by resolution of the meeting, be held guilty of contempt.

2.20.8 Withdrawal from meeting

Any member who refuses to retract the language or apologise, if required by the chairperson, can be directed to withdraw immediately from the meeting for a time specified by the chairperson.

2.20.9 Disorder in meeting

Any member making a disturbance or creating disorder whilst any other member is speaking or at any other time during a meeting and who refuses, when called upon by the Chairperson to desist, may thereupon by resolution of the meeting be held guilty of contempt (see 2.20.10).

2.20.10 Suspension of meeting following disorder

Should the disorder continue, the Chairperson shall have the right to adjourn the meeting for a time specified by the chairperson. At the end of that period the meeting shall resume and decide without debate the question as to whether the meeting shall proceed or be adjourned. The Chairperson may also take such action in relation to disorder from other sources or in the event of an emergency.

2.20.11 Removal from meeting

"A member of the police, or an officer or employee of the council may, at the request of the chairperson, remove or exclude a member from a meeting if that member is required to leave the meeting by a ruling made under the standing orders and that member -

• refuses or fails to leave the meeting; or
• having left the meeting, attempts to re-enter the meeting without the permission of the chairperson."

[cl. 16(2), Schedule 7, LGA]

2.20.12 Contempt, censure and removal

Every member held guilty of contempt by reason of any standing order or breach thereof shall be censured by the Chairperson who may also order them to leave the meeting. Every such contempt, censure, and removal shall be recorded in the minutes (see 1.2.3, 1.3.3, 2.11.1, 2.11.2 and 2.20.8).

2.20.13 Use of recording device

No member may use, or be associated with the use of, a recording device without the knowledge of the meeting and the consent of the Chairperson.

2.20.14 Speeches in English or Maori

A member may address the chairperson in English or Maori. The chairperson may order that a speech be translated and printed in another language. A member must give prior notice, not less than 2 working days before the meeting, to the chairperson if he or she intends to address the chairperson in Maori, when the normal business of the committee is conducted in English.

2.20.15 Reporting of meetings

When a meeting of the council is open to the public the following provisions shall apply:

• Members of the public including bona fide members of the news media are entitled to attend any meeting or any part of a meeting and to report on the proceedings.

[s. 49(a) LGOIMA]

• Any recording of meetings must be carried out in an unobtrusive manner, and must not be distracting to members.
• Any recording of meetings must be notified to the chairperson at the commencement of the meeting.

2.21 Points of Order

2.21.1 Members rising to points of order

Any member may rise to speak to a point of order upon any breach of these standing orders and the member previously speaking shall thereupon be seated and stop speaking.

2.21.2 The member rising shall state without explanation precisely the subject matter of the point of order.

2.21.3 No point of order shall be raised during a division except by permission of the Chairperson.

2.21.4 Types of points of order

The following shall be recognised as substance for points of order:

• Discussion of a question not before the local authority, or
• Use of disrespectful, offensive or malicious language, or
• The breach of any standing order, or
• Misrepresentation of any statement made by a member or by an officer or employee of the local authority, or
• Request that words objected to be recorded in the minutes (see 2.19.5).
• Where disorder is drawn to the attention of the chairperson.

2.21.5 Contradiction not point of order

Rising to express a difference of opinion or to contradict a statement of a speaker shall not be construed as rising to speak to a point of order.

2.21.6 Decision of Chairperson final

The Chairperson may decide on any point of order immediately after it has been raised by any member, or may first hear further argument thereon before deciding. The ruling of the Chairperson upon any point of order shall not be open to any discussion and shall be final (see 1.3).

2.22 Voting

2.22.1 Decisions to be decided by majority of votes

• The acts of a local authority must be done and the questions before the local authority must be decided by vote and by the majority of members that are present and voting.

Voting by Chairperson

The Mayor or Chairperson or other person presiding at any meeting shall have a deliberative vote and, in case of equality of votes, shall have a casting vote also.

Open voting

• Every question coming before a local authority shall be decided by open voting."

2.22.2 Members may abstain

Any member may abstain from voting and shall have their abstention recorded in the minutes where requested (see 2.11.2).

2.22.3 Method of voting

The method of voting at meetings of the local authority shall be as follows:

• The Chairperson in putting the motion shall call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the Chairperson, shall be conclusive unless such announcement is questioned immediately, in which event the Chairperson shall call a division;
• The Chairperson or any member may call for a division instead of, or after receiving opinion on the voices and taking a show of hands;
• Any member may alternately call for a division immediately the Chairperson has declared the result of a vote on the voices or by a show of hands.
• Where a suitable electronic voting system is available, that system may be used instead of a show of hands, vote by voices or division, and the result displayed shall be notified to the chairperson who shall declare the result.

2.22.4 Division

When a division is called for the Chief Executive Officer shall take down the names of the members voting "aye" and "no" respectively, and shall hand the list to the Chairperson who shall declare the result.

2.22.5 Second division

In case of confusion or error in taking the division, unless the same can be otherwise corrected, a second division shall be taken.

2.22.6 Pecuniary interest

No member shall vote nor take part in the discussion of any matter at any meeting where they, directly or indirectly, have any pecuniary interest as defined in law, other than an interest in common with the public, in the matter under consideration.

[s.6(1) Local Authorities (Members' Interests) Act 1968.]

2.22.7 Declaration of pecuniary interest

Every member present when any matter is raised where they directly or indirectly have a pecuniary interest therein, apart from any interest in common with the public, shall be under a duty to fully declare any such interest to the meeting. This disclosure and the subsequent abstention of such member from both discussion and voting on the item shall be recorded in the minutes (see 2.11.2).

[s.6(5) Local Authorities (Members' Interests) Act 1968.]

2.22.8 Pecuniary interest a reason for leaving room

Members who have declared a pecuniary interest in matters to be discussed under order 2.22.7 should consider leaving the meeting room for the full duration of discussion on such matters.

2.23 Qualified privilege

2.23.1 This order cites section 52 of the Local Government Official Information and Meetings Act:

Qualified privilege relating to agenda, minutes

"Where a meeting of any local authority is open to the public during the proceedings or any part thereof, and -

• There is supplied to a member of the public a copy of the agenda for the meeting with or without further statements or particulars for the purpose of indicating the nature of any item included in the agenda; or
• The minutes of that meeting or part are produced for inspection by any member of the public or a copy thereof is given to any member of the public, -

the publication thereby of any defamatory matter included in the agenda or in the further statements or particulars or in the minutes shall be privileged unless the publication is proved to be made with malice."

2.23.2 This order cites section 53 of the Local Government Official Information and Meetings Act:

Qualified privilege relating to oral statements

• Any oral statement made at any meeting of a local authority in authority in accordance with the rules that have been adopted by that local authority for the guidance and order of its proceedings shall be privileged, unless the statement is proved to be made with malice.
• The privilege conferred by subsection (1) of this section is in addition to and not in substitution for or derogation of any of any other privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the proceedings of any local authority."

2.24 Maintenance of public order at meetings

2.24.1 This order cites section 50 of the Local Government Official Information and Meetings Act:

Chairperson may require members of the public to leave meeting

• The person presiding at any meeting of any local authority may, if that person believes, on reasonable grounds, that the behaviour of any member of the public attending that meeting is likely to prejudice or to continue to prejudice the orderly conduct of that meeting if that member of the public is permitted to remain in that meeting, require that member of the public to leave the meeting.

Removal of members of public

• If any member of the public who is required, pursuant to subsection (1) of this section, to leave a meeting of a local authority -

1. Refuses or fails to leave the meeting; or
2. Having left the meeting, attempts to re-enter the meeting without the permission of the person presiding at the meeting, -

any constable, or any officer or employee of the local authority, may, at the request of the person presiding at the meeting, remove or, as the case may require, exclude that member of the public from the meeting."

(See 1.3.3)