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Standing orders - rules of meeting conduct

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Appendix A

Grounds to exclude the public from meetings in terms of the Local Government Official Information and Meetings Act 1987

The local authority may by resolution or upon motion being made exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds, namely:

1. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely:

1. To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
2. To endanger the safety of any person.

2. That the public conduct of the whole or relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

1. Protect the privacy of natural persons, including that of deceased natural persons; or
2. Protect information where the making available of the information:
   1. Would disclose a trade secret; or
   2. Would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or
3. Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information:

1. Would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or
2.  would be likely otherwise to damage the public interest; or

4. Avoid prejudice to measures protecting the health or safety of members of the public; or
5. Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
6. Protect members, or officers, or employees of any local authority, or any persons to whom section 2(5) of the Local Government Official Information and Meetings Act 1987 applies, from improper pressure or harassment; or
7. Maintain legal professional privilege; or
8. Enable the local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or
9. Enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
10. Prevent the disclosure or use of official information for improper gain or improper advantage.

Provided that where paragraph 2 of this Annex applies the public may be excluded, unless, in the circumstances of the particular case, the exclusion of the public is outweighed by other considerations which render it desirable, in the public interest, that the public not be excluded.

3. That the public conduct of the whole or relevant part of the proceedings of the meeting would be likely to result in the disclosure of information the public disclosure of which would:

1. Be contrary to the provisions of a specified enactment; or
2. Constitute contempt of Court or of the House of Representatives.

4. That the purpose of the whole or relevant part of the proceedings of the meeting is to consider a recommendation made to the local authority by an Ombudsman under Section 30(1) or Section 38(3) of the Local Government Official Information and Meetings Act 1987 (in the case of a local authority named or specified in the First Schedule of this Act).

5. That the exclusion of the public from the whole or relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in:

1. Any proceedings before the local authority where:

1. A right of appeal lies to any Court or Tribunal against the final decision of the local authority in those proceedings; or
2. The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

6. In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Maori, or to avoid the disclosure of the location of waahi tapu.

Appendix B

Table of procedural motions

(Normative)
(See Standing Order 2.15.10)

Motion	Has the Chair discretion to refuse this motion?	Is seconder required at Council and Community Board meetings?	Is discussion in order?	Are amendments in order?	Is mover of procedural motion entitled to reply?	Are previous participants in debate entitled to move this motion?	Can a speaker be interrupted by the mover of this motion?	If lost, can motion be moved after an interval?	Position if an amendment is already before the Chair	Position if a procedural motion is already before the Chair	Remarks
(a) "That the meeting be adjourned to the next ordinary meeting, or to a stated time and place."	No	Yes	No	As to time and date only.	No	No	No	Yes - 15 minutes	If carried, debate on the original motion and amendment are adjourned.	If carried, debate on the original motion and procedural motion are adjourned.	On resumption of debate, the mover of the adjournment speaks first. Members who have already spoken in the debate may not speak again.
(b) "That the item of business being discussed be adjourned to a stated time and place."	No	Yes	No	As to time and date only.	No	No	No	Yes - 15 minutes	If carried, debate on the original motion and amendment are adjourned.	If carried, debate on the original motion and procedural motion are adjourned.
(c) "That the motion under debate be now put (closure motion)."	No	Yes	No	No	No	No	No	Yes - 15 minutes	If carried, only the amendment is put.	If carried, only the procedural motion is put.	The mover of the motion under debate is entitled to exercise a right of reply before the motion or amendment under debate is put.
(d) "That the meeting move directly to the next business, superseding the item under discussion."	No	Yes	No	No	No	No	No	Yes - 15 minutes	If carried, debate on the original motion and amendment are adjourned.	If carried, debate on the original motion and procedural motion are adjourned.
Motion	Has the Chair discretion to refuse this motion?	Is seconder required at Council or Community Board meetings?	Is discussion in order?	Are amendments in order?	Is mover of procedural motion entitled to reply?	Are previous participants in debate entitled to move this motion?	Can a speaker be interrupted by the mover of this motion?	If lost, can motion be moved after an interval?	Position if an amendment is already before the Chair	Position if a procedural motion is already before the Chair	Remarks
(e) "That the item of business being discussed does lie on the table and not be further discussed at this meeting."	No	Yes	No	No	No	No	No	Yes - 15 minutes	If carried, the original motion and amendment are both laid on the table.	Motion not in order.
(f) "That the item of business being discussed be referred to the relevant committee."	No	Yes	No	As to committee, time for reporting back etc. only.	No	No	No	Yes - 15 minutes	If carried, the original motion and all amendments are referred to the committee.	If carried, the procedural motion is deemed disposed of.
(g) "Points of order."	No - but may rule against	No	Yes - at discretion of Chairperson.	No	No	Yes	Yes	No	Point of order takes precedence.	Point of order takes precedence.	See Standing Orders 2.15.2, 2.21, 2.20.1

 

Appendix C

Motions and Amendments