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,-
- The reason why the item is not on the agenda; and
- 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 -
- That item is a minor matter relating to the general business
of the local authority; and
- 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 -
- 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."
[cl. 23(3), Schedule 7, LGA]
2.8.4 Definition of quorum for committee meetings
"The quorum at a meeting of -
- is not fewer than 2 members of the committee (as determined
by the council or committee that appoints the committee); and
- 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:
- the resolution or part thereof which it is proposed to revoke or
alter;
- the meeting date when it was passed;
- 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:
- the local authority, or
- any other member, or
- 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
-
- Refuses or fails to leave the meeting; or
- 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)
