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Standing orders - rules of meeting conduct

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4. Miscellaneous

4.1 Questions

4.1.1 Question time at meeting

Any member of the local authority may at any ordinary meeting of the local authority at the appointed time, put a question to the Chairperson, or through the Chairperson of the local authority to the Chairperson of any standing or special committee, or to any officer of the local authority concerning any matter relevant to the role or functions of the local authority concerning any matter that does not appear on the order paper, nor arises from any committee report or recommendation submitted to that meeting (see 2.23.1 regarding qualified privilege).

4.1.2 Members to try and obtain information beforehand

Before putting a question, a member shall, in the first instance, endeavour to obtain the relevant information from the appropriate local authority officer or the Chairperson of the committee concerned. In the event of the information sought not being forthcoming, or the member not being satisfied with the answer, the member then has the right to raise the matter by way of a question at an ordinary meeting of the local authority, provided that the Chairperson may refer a question to an appropriate committee.

4.1.3 Questions to be in writing

Such questions shall be in writing and handed to the Chairperson or secretary prior to the commencement of the meeting at which they are to be asked.

4.1.4 Questions may be deferred

If an answer to the question cannot be given at that meeting it shall, at the discretion of the Chairperson, be placed on the order paper for the next local authority meeting.

4.1.5 Questions to be concise

Questions and answers shall be submitted as briefly and concisely as possible. No discussion shall be allowed upon any question or upon the answer.

4.2 Questions to officers during debate

4.2.1

In the course of any debate at any local authority meeting, any members may, at the Chairperson's discretion, ask any question of the relevant officer on any matter under debate. Such questions shall be directed through the chair (see 2.23.1 regarding qualified privilege).

4.3 Obligation to provide members with information

4.3.1 Chief Executive Officer to decide on supply of information

Public excluded information required by members in the performance of their particular duties as members shall be supplied to them by the Chief Executive Officer. Where the Chief Executive Officer is uncertain that public excluded information should be supplied in any particular case, the matter shall be referred to the Chairperson for direction (see 3.5.1).

4.3.2 Information to be used properly

No information obtained by any member, including pursuant to 4.3.1, shall be used for any purpose other than for the proper discharge of duties as a member.

4.3.3 Reporting of information misuse

Where the Chairperson of the local authority has reasonable grounds for believing that public excluded information provided to any member has been misused, the Chairperson may report this and any proposed action to the Chief Executive Officer.

4.3.4 Rights of members to request and use information

The requirements of 4.3.1 are in addition to the rights of members to make separate and individual requests for information in terms of the Local Government Official Information and Meetings Act 1987. Such requests for information may include requests for information that had previously been supplied to that member as public excluded information to be released as publicly available information. Where such information is made available to that member as publicly available information the member has the right to use such information in the same way as if that member were a member of the public.

4.4 Use of common seal

4.4.1 Chief Executive Officer to hold seal

The common seal of the Auckland City Council shall be in the control and custody of the City Secretary who shall be responsible for its use.

4.4.2 Seal normally fixed by resolution

The common seal of the Council shall not be affixed to any document unless pursuant:

• To a resolution of the Council; or
• To a resolution of a Committee exercising the power to make a contract delegated to it by the Council; or
• By the authority of the Mayor; or
• To a decision of an officer of the Council duly authorised by the Council.

Except as otherwise provided, the Mayor, Deputy Mayor, a Chairperson of a Standing Committee or in his absence, his or her Deputy Chairperson or Chief Executive, together with the City Secretary or Committee Manager of the Council shall sign every document to which the seal of the Council is so affixed.

The foregoing Standing Orders were made by the Auckland City Council at a meeting on the 24 February 2005 and revoke any previous standing orders. In witness whereof the Common Seal was affixed in the presence of:

• Mayor
• Chief Executive Officer
• Notes