Standing Orders

These standing orders contain rules for the conduct of meetings of councils, committees, subcommittees, and subordinate decision-making bodies. They meet the requirements of the Local Government Act 2002 (LGA 2002) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) in relation to the conduct of meetings. The application of standing orders contributes to greater public confidence in the quality of local governance and democracy in general. Different standing order versions are available for regional councils, community boards and local boards. These standing orders can also be adapted for use by other local authorities that are subject to the requirements in Part 7 of LGOIMA.

Although it is mandatory that councils adopt standing orders for the conduct of their meetings, it is not necessary that they are adopted every triennium. However, we recommend that standing orders are reviewed within the first six months after an election. This is to ensure that they meet the needs of relevant bodies for running effective and inclusive meetings (see LGA 2002, sch 7, cl 27).

Whenever a question about the interpretation or application of these Standing Orders is raised, particularly where a matter is not directly provided for, it is the responsibility of the chairperson of each meeting to make a ruling.

All members of a local authority must abide by standing orders.

Principles
The LGNZ Standing Orders provide rules for local authorities to use when making decisions. Underpinning the standing orders are several principles, the most important being that councils and their members:

• Conduct their business in a transparent manner through public notice of meetings, provision of access to information, publicly open discussions, and meetings that are open to the public.
• Respect confidentiality, in accordance with relevant legislation, when making decisions that contain sensitive information.
• Represent their community when making decisions by taking account of the diversity of its communities, their views and interests, and the interests of communities in the future.
• Acknowledge, and, as appropriate, make provision for Te Ao Māori and local tikanga in meeting processes.
• Ensure that decision-making procedures and practices meet the standards of natural justice, in particular, that decision-makers are seen to have open minds.
• Have a high standard of behaviour which fosters the participation of all members, including the expression of their views and opinions, without intimidation, bullying, or personal criticism.
• Act with professionalism by ensuring their conduct is consistent with the principles of good governance and the behaviours outlined in the Council’s Code of Conduct.

In addition, application of these standing orders must comply, as appropriate, with the decision making provisions of Part 6, LGA 2002, and be consistent with section 39, LGA 2002, that “governance structures and processes are effective, open, and transparent” (LGA 2002, s 39).

These standing orders have been prepared to enable the orderly conduct of council meetings. They incorporate both legislative provisions relating to meetings, decision making, and transparency. The standing orders also provide practical guidance on the operation of meetings to ensure compliance with statutory provisions and meet the spirit of the legislation. To assist elected members and officials the document is structured in three parts:

• Part 1 general items.
• Part 2 pre-meeting procedures.
• Part 3 meeting procedures.

The Appendices, which follow Part 3, provide templates and additional guidance for implementing provisions within the Standing Orders. The Appendices are an attachment to the Standing Orders and not part of the Standing Orders themselves. Amendments to the Appendices do not require the agreement of 75 per cent of those present.

The ‘Guide to Standing Orders’ provides additional advice on the application of the Standing Orders and is not part of the Standing Orders.

1.1 Statutory references
These Standing Orders include statutory and non-statutory meeting provisions and provide guidance on how those provisions should be applied in practice.

These standing orders have been rewritten in plain English. Where a statutory provision applies a statutory reference is provided in the standing order.

Statutory references apply throughout the period of the meeting whether or not Standing Orders have been suspended.

Use of the word ‘must’ in a standing order implies a mandatory legislative requirement.

1.2 Acronyms

1.3 Application

These Standing Orders do not apply to workshops or meetings of working parties and advisory groups, unless specifically included in their terms of reference.

Refer to the document link for definitions

3.1 Obligation to adopt standing orders

• Councils are required to adopt a set of standing orders.
• Standing orders set out how meetings are conducted.
• Standing orders must not contravene any Act.
• If a standing order is inconsistent with a legal requirement, that requirement prevails over the standing order.

This obligation applies to city and district Councils, regional councils, local boards and community boards. LGA 2002, sch 7, cl 27(1) & (2).

3.2 Process for adoption and alteration of standing orders
Adopting new standing orders requires a vote of not less than 75 per cent of the members present. Amending the current standing orders also requires a vote of not less than 75 per cent of the members present.
LGA 2002, sch 7, cl 27(3).

3.3 Members must comply with standing orders
All members must comply with these standing orders.
LGA 2002, sch 7, cl 16(1).

All external meeting participants, including appointed members, must comply with these standing orders.

3.4 Application of standing orders
These Standing Orders apply to all meetings. This includes meetings of committees, subcommittees and any other subordinate decision-making body. Standing Orders apply to any meeting (or part meeting) where the public have been excluded.

3.5 Temporary suspension of standing orders
A meeting can temporarily suspend a standing order(s), provided the suspension does not contravene any legislative requirement.

The meeting must suspend standing order(s) by resolution.
The meeting’s motion to suspend a standing order(s), must include:

1. The reason for suspending the standing order(s).
2. The standing order(s) being suspended.

A motion to suspend standing order(s) can be taken before or during a debate.
Once seconded, the meeting chairperson must put the motion without debate. To be carried, at least 75 per cent of members present and voting must support the motion.
LGA 2002, sch 7, cl 27(4).

3.6 Quasi-judicial proceedings
A meeting which is undertaking quasi-judicial proceedings may set their own meeting procedures. Quasi-judicial proceedings are held for the purpose of conducting hearings and/or considering disputes. Some committees may have additional powers under the Commissions of Inquiry Act 1908.

3.7 Physical address of members
Every member, whether elected or appointed, must provide the chief executive with an electronic address where meeting notices and information may be sent. Where a member does not have an electronic address, they must provide the Chief executive with a physical address within the district or region, where material can be sent.

It is preferable for all members to provide both an electronic and physical address. Members should inform the chief executive which contact information can be made publicly available. Personal information provided by a member is subject to the Privacy Act 2020.

4. Legal requirement to hold meetings
The council must hold the meetings necessary for the good government of its city or district. The calling of meetings, and their conduct must be in accordance with:

1. Schedule 7 of the LGA 2002;
2. Part 7 of LGOIMA; and
3. These Standing Orders.

Meetings must be held at the times and places set by the council.
LGA 2002, Sch. 7, cl 19(1) & (3) & (4)

4.2 Meeting duration
Unless the meeting resolves to continue, meetings cannot:

1. sit for more than two hours without a break of at least ten (10) minutes.
2. continue more than six (6) hours (including adjournments) from when it convened, or
3. continue after 10.30pm. If there is no resolution to continue, any business remaining must be:
   a. Adjourned,
   b. Transferred to the next meeting, or
   c. Transferred to an extraordinary meeting.

4.3 Language
A member may address a meeting in English, te reo Māori, or New Zealand Sign Language. The chairperson may require that a speech is translated and printed in English or te reo Māori. A member intending to address the meeting in New Zealand Sign Language, or te reo Māori, when the normal business of the meeting is conducted in English, must advise the chairperson not less than two working days before the meeting.

A member intending to address the meeting in English when the normal business of the meeting is conducted in te reo Māori must advise the chairperson not less than two working days before the meeting.

Any written materials should be forwarded to the chief executive at least two days before the meeting for translation.

4.4 Webcasting meetings
Webcast meetings should be provided in accordance with the protocols contained in the LGNZ Guide to Standing Orders.

4.5 First meetings (inaugural)
The chief executive calls the first meeting following a triennial general election.
The meeting must be called as soon as practicable after election results are known.
Unless an emergency exists, the chief executive must give elected members not less than seven days’ notice of the first meeting.
In the case of an emergency, the chief executive may give elected members notice of the meeting as soon as practicable.
LGA 2002, Sch. 7, cl 21(1) - (3).

4.6 Requirements for the first meeting
The chief executive or their nominee must chair the f irst meeting until the Mayor has made their oral and written declarations.

The Mayor will chair the meeting once they have made their oral and written declarations. LGA 2002, Sch. 7, cl 21(4).

The business to be conducted at the first meeting must include:
a. The oral and written declarations of both the Mayor and members (LGA 2002, Sch. 7, cl14);
b. A general explanation of:
i. LGOIMA; and
ii. Other laws affecting members, including the appropriate provisions of the LAMIA; and ss 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013.
c. Determining the date and time of the next meeting, or the adoption of a schedule of meetings; and
d. Where the Mayor has not appointed a Deputy Mayor (s41A(3)(a) of the LGA 2002) prior to the meeting, the election of the Deputy Mayor.
The general explanation of Acts can also include the LGA provisions relating to the Register of members’ pecuniary interests (ss 54A – 54I).
If an Urgent Meeting has been held (LGA 2002, sch 7, cl21A), the business that must be conducted at the first meeting will not include any business dealt with at that Urgent Meeting.
LGA 2002, Sch. 7, cl 21(5), LGA 2002, Sch.7, cl 20(6), LGA 2002, s 41A(3)

5.1 Mayoral appointment of deputy Mayor, committee chairs and members
A Mayor may appoint:
a. the Deputy Mayor,
b. the chairperson and the members of each committee.
LGA 2002, s 41A(3).

If the Mayor declines to appoint a Deputy Mayor, or committee chairpersons, the council (or a committee, if directed by the council) must elect those positions in accordance with Standing Order 5.4.

5.2 Council discharge of a mayoral appointment
Nothing limits or prevents a council from discharging either a chairperson or a member of a committee appointed by the Mayor. LGA 2002, Sch. 7, cl 31.

5.3 Establishment of committees by the Mayor
The Mayor may establish the council’s committees and appoint their chairpersons.

Where a Mayor exercises this right, the council must adopt the committee’s terms of reference by resolution at the next appropriate meeting of the council.

Should the Mayor decline to establish committees a council decision to establish committees must follow the processes set out in these Standing Orders.

Nothing limits or prevents a council from discharging or reconstituting (in accordance with cl 30 of sch 7, LGA 2002) a committee established by the Mayor, or appointing more committees in addition to any established by the Mayor.

The Mayor is a member of every committee unless specific legislation provides otherwise, such as a committee established under s 189 of the Sale and Supply of Alcohol Act 2012.
LGA 2002, s 41A (3) and (4).

5.4 Elections of deputy Mayors and deputy chairpersons
When electing the following positions, the council must resolve to use one of two voting systems (see Standing Order 5.6):
a. The Deputy Mayor;
b. The chairperson of a committee
c. A deputy chairperson of a committee; and/or A representative of a council.

This provision does not apply where a mayor has appointed a Deputy Mayor or committee chairs under LGA 2002, s 41A.
LGA 2002, Sch. 7, cl 25.
See the LGNZ Guide to Standing Orders for more information.

5.5 Removal of a Deputy Mayor
A council can remove a Deputy Mayor. It does not matter whether the Deputy Mayor has been appointed by the Mayor, or appointed by the council itself. A council removing a Deputy Mayor must use the process set out in cl 18, sch 7, of the LGA 2002. (See Appendix 9) LGA 2002, sch 7, cl 18.

5.6 Voting system for chairs, deputy Mayors and committee chairs
The council must use one of the following two voting systems for electing:
a. A Deputy Mayor; and/or
b. A committee chair.

System A
The successful candidate must receive a majority of the votes of members present and voting. In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.
Round One

• There is one round of voting.
• If a candidate receives the majority of votes they are elected.
• If no candidate receives the majority of votes, the candidate receiving the fewest votes in the first round is excluded and a further round of voting occurs.

Round Two (if required)

• There is a second round of voting.
• If a candidate receives the majority of votes they are elected.
• If no candidate receives the majority of votes, the candidate receiving the fewest votes in the second round is excluded and a further round of voting occurs.

Subsequent rounds (if required)

• There is a further round of voting.
• If a candidate receives the majority of votes they are elected.
• If no candidate receives the majority of votes, the candidate receiving the fewest votes is excluded and a further round of voting occurs.

System B

• The successful candidate must receive more votes than any other candidate.
• There is only one round of voting.
• If two or more candidates tie for the most votes, the tie is resolved by lot. LGA 2002, sch 7, cl 25.

6.1 Only the holder of a delegated authority can rescind or amend a previous decision
Where a council or a committee has delegated authority to another body, member or officer, they cannot rescind or amend a decision made under that delegated authority.
LGA 2002, Sch. 7, cl 30 (6)

However, the current holder of the delegated authority may rescind or amend a previous decision made under the same authority.
Refer to Standing Orders Guide for scenarios on Delegation practice.

6.2 Duty to consider delegations to community boards
A council which has community board(s) must consider whether or not to delegate to a community board if the delegation will enable the community board to best achieve its role. LGA 2002, Sch. 7, cl 32(6).

6.3 Limits on delegations
Unless clearly stated in the LGA 2002 or any other Act, a council may, for the purposes of efficiency and effectiveness, delegate to a committee, subcommittee, subordinate decision-making body, community board, local board, member, or officer of the council, any of its responsibilities, duties, or powers except:
a. The power to make a rate;
b. The power to make a bylaw;
c. The power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan;
d. The power to adopt a long-term plan, annual plan, or annual report;
e. The power to appoint a chief executive;
f. The power to adopt policies required to be adopted and consulted on under the LGA in association with the long- term plan or developed for the purpose of the local governance statement;
g. The power to adopt a remuneration and employment policy.
LGA 2002, Sch. 7, cl 32 (1).

6.4 Committees may delegate
A committee, subcommittee, subordinate decision making body, local board, community board, member, or officer of the council, may delegate any of its responsibilities, duties, or powers to a subcommittee or person.

A sub-delegation is subject to any conditions, limitations, or prohibitions imposed by the body that made the original delegation.
LGA 2002, sch 7, cl (2) & (3).

6.5 Use of delegated powers
The body, member or officer of the council who has been delegated authority to act may exercise those responsibilities, powers or duties:
a. without confirmation by the body that delegated the authority; and
b. in a like manner and with the same effect as the council or committee could have exercised or performed them.
LGA 2002, sch 7, cl 32(2), (3), and (4).

6.6 Bodies are subject to the direction of the council
A committee, subcommittee or other subordinate decision-making body is subject in all things to the control of the local authority, or committee that appointed the subcommittee.

A committee, subcommittee or other subordinate decision-making body must carry out all general and special directions given to them by the local authority or committee.
LGA 2002, Sch. 7, cl 30(3) & (4).

7.1Appointment of committees and sub committees
A council may appoint the decision-making bodies that it considers appropriate. This includes committees, subcommittees and any other subordinate decision-making body.

Unless the council prohibits it, a committee can appoint subcommittees.
LGA 2002, sch 7, cl 30(1) & (2).

7.2 Discharge or reconstitution of committees and sub committees
Unless legislation or regulation prevents it:
a. a council can discharge or reconstitute a sub ordinate decision-making body;
b. a committee may discharge or reconstitute a subcommittee it has established;
c. every subordinate decision-making body is discharged following a triennial general election.
LGA 2002, Sch. 7, cl 30(5) (7)

Note:Section 12(2) of the Civil Defence and Emergency Management Act 2002 states that a Civil Defence and Emergency Management Group is not deemed to be discharged following a triennial election. The same is true for District Licensing Committees (see the LGNZ Guide to Standing Orders for more information).

7.3 Appointment or discharge of committee members and subcommittee members
A council may appoint or discharge any member of a committee, or subcommittee.

Committees may appoint or discharge members of the subcommittees they have established unless the council directs otherwise.
LGA 2002, sch 7, cl 31(1) & (2).

7.4 Membership of committees and subcommittees

• A council or committee may appoint non-elected members (appointed members) to a committee or subcommittee.
• At least one member of a committee must be an elected member.
• An appointed member on a committee or subcommittee must, in the opinion of the council or the committee, have the skills, attributes or knowledge to assist the committee or subcommittee.
• A staff member of the council, in the course of their employment, can be a subcommittee member, but not a committee member.
  LGA 2002, Sch. 7, cl 31(4).

7.5 Council may replace members if committee not discharged

• A council may resolve that a committee or subcommittee is not to be discharged following a triennial general election.
• Where a committee has not been disestablished at a triennial general election, the council may replace the members after that election. LGA 2002, Sch. 7, cl 31(5) & cl 30(7).

7.6 Membership of Mayor
The Mayor is a member of every committee of the council unless specific legislation provides otherwise (e.g. a committee established under s 189 of the Sale and Supply of Alcohol Act 2012). LGA 2002, s 41A(5).

7.7 Decision not invalid despite irregularity in membership
A decision of a council or committee is not invalidated if:
a. there is a vacancy in the membership of the council or committee at the time of the decision; or
b. following the decision some defect in the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible.
LGA 2002, sch 7, cl 29.

7.8 Appointment of joint committees
A council may appoint a joint committee with another council or other public body if it has reached prior agreement with each council or public body. The agreement must specify:
a. the number of members each party may appoint;
b. how the chairperson and deputy chairperson will be appointed;
c. the committee’s terms of reference ;
d. what responsibilities, if any, are to be delegated to the committee by each party; and
e. how the agreement may be varied.

The agreement may also specify any other matter relating to the appointment, operation, or responsibilities of the committee agreed by the parties. LGA 2002, Sch. 7, cl 30A(1) - (3).

NB A Mayor who is a member of a joint committee by virtue of s 41A(5), is not counted as part of the quorum of that joint committee.
LGA 2002, Sch.7, cl 30A(6A)

7.9 Status of joint committees
A joint committee is deemed to be both a committee of a council and a committee of each participating council or public body.
LGA 2002, sch 7, cl 30A(5)

7.10 Power to appoint or discharge individual members of a joint committee
Individual members of a joint committee may only be discharged or appointed by the council or public body that made the original appointment.
LGA 2002, sch 7, cl 30A(6)(a).

8.1 Public notice - ordinary meetings
The council must publicly notify all upcoming meetings:

a. Every month:
ii. by publishing a list of meetings scheduled for the following month;
iii. the list must be publicly notified not more than 14 and not less than 5 days before the end of the preceding month; and
iv. the public notice must include the dates, times and places of each meeting.

e. Alternatively, where a meeting is scheduled to be held after the 21st day of any month:
i. the council can publicly notify the meeting(s) no more than 10 (and not less than 5) working days before the day on which the meeting is to be held.
LGA 2002 s.5, LGOIMA, s.2 & s 46

8.2 Public notice/publicly notified means:
a. publicly available on the council’s internet site; and
b. published in at least:
i. 1 daily newspaper which circulates in the region or district of the council; or
ii. 1 or more other newspapers that have a combined circulation equivalent to the newspaper in i) above.
LGA 2002 s.5, LGOIMA, s.2 & s 46, (see LGNZ Guide to Standing Orders for more information).

8.3 Notice to members - ordinary meetings

• The chief executive must advise every member of the time and place of every meeting.
• That advice must be given in writing.
• If the council has adopted a schedule of meetings, the advice must be given not less than 14 days before the first meeting of the schedule.
• If the council has not adopted a schedule of meetings, the advice must be given not less than 14 days before the meeting.
  LGA 2002, Sch. 7, cl 19(5).

8.4 Extraordinary meeting may be called
An extraordinary council meeting may be called by:
a. council resolution; or
b. a written requisition delivered to the chief executive. The requisition must be signed by:
i. the Mayor or chairperson; or
ii. not less than one third of the total membership of the council (including vacancies).
LGA 2002, Sch. 7, cl 22(1).

8.5 Notice to members - extraordinary meetings
The chief executive must give written notice to members advising them of the time and place of an extraordinary meeting (called under Standing Order 8.3).

The notice must:
a. include the general nature of the business to be considered; and
b. be provided to each member of the council at least three working days before the meeting day.
If the meeting is called by resolution, the chief executive can provide the notice in a lesser period (as specified in the resolution) provided it is not less than 24 hours.
LGA 2002, Sch. 7, cl 22(2).

8.6 Emergency meetings may be called
In some instances, the council must deal with business urgently. An Emergency Meeting may be called:
a. when the notice requirements for an extraordinary meeting cannot be met; and
b. it is not practicable to call the meeting by resolution.

An Emergency Meeting may be called by:
a. the Mayor or chairperson; or
b. the chief executive (if the Mayor or chairperson is unavailable).
LGA 2002, Sch. 7, cl 22A (1).

8.7 Process for calling an emergency meeting
Given the need for an emergency meeting, the person calling the meeting (or another person on their behalf) must give notice of the time and place of the meeting by whatever means is reasonable in the circumstances, at least 24 hours before the meeting.

Notice must be given to each member of the council and the chief executive.
LGA 2002, Sch. 7, cl 22A(2)

8.8 Public notice - emergency and extraordinary meetings
Where an emergency or extraordinary meeting is called and the public notice requirements of LGOIMA and/or these Standing Orders cannot be met, the council must still publicly notify the meeting. The public notice must also include the general nature of the items being discussed at the meeting.

The public notice must
a. be publicly notified as soon as practicable before the meeting; or
b. if it is not practicable to publish in newspapers before the meeting, it must be notified:
i. as soon as practicable on the council’s website; and
ii. in any other manner which is reasonable in the circumstances.
LGOIMA, s 46(3).

8.9 Public notice - emergency and extraordinary meeting
The chief executive may call an urgent meeting of the council before candidates to be declared elected after a recount are known if:
a. an application for a recount has been made following a triennial general election; and
b. an event occurs that, in the chief executive’s opinion, requires the council to deal with a matter urgently; and
c. the first meeting of the council has not yet been called.
LGA 2002, Sch. 7, cl 21A (1 & 2)

8.10 Resolutions passed at an extraordinary meeting
If the chief executive calls an urgent meeting, the chief executive must give notice of that meeting as soon as practicable to every person who:
a. is not an affected candidate; and
b. has been declared to be elected to the council.

Notice must be given to each of those persons:
a. by whatever means is reasonable in the circumstances; and
b. at least 24 hours before the meeting commences.

The notice must specify:
a. the time and place of the urgent meeting; and
b. the matter for determination at the urgent meeting.
LGA 2002, Sch.7, cl 21A (3(a) & 5), Sch.7, cl 21A (3)(b)

8.11 Public Notice-urgent meetings
Where an urgent meeting is called and the public notice requirements of LGOIMA and/or these Standing Orders cannot be met, the council must still publicly notify the meeting.

The public notice must include the general nature of the matter being discussed at the meeting and must:
a. be publicly notified as soon as practicable before the meeting; or
b. if it is not practicable to publish in newspapers before the meeting, it must be notified: i. as soon as practicable on the council’s website; and ii. in any other manner which is reasonable in accordance.
LGA 2002, Sch.7, cl 21A(4) & LGOIMA, s 46(3).

8.12 Conduct of urgent meetings
The council may only conduct the following business at an urgent meeting:
a. in respect of the persons described in LGA 2002, sch7, cl21A(3)(a), the oral and written declarations of the mayor (if any) and members (under clause 14);
b. a general explanation of LGOIMA and other laws affecting members, including the appropriate provisions of LAMIA; ss 99, 105, and 105A of the Crimes Act 1961; the Secret Commissions Act 1910; the Financial Markets Conduct Act 2013, and the LGA2002 provisions relating to the register of members’ pecuniary interests (ss54A – 54I);
c. The matter in respect of which the urgent meeting has been called.
d. The election of a member to preside at the urgent meeting (if required).

Councils cannot consider any items other than those specified above.

If multiple urgent meetings are required, the items outlined in a) and b) (above) may be omitted from the business to be conducted if they have previously been dealt with.

The chief executive (or their nominee in the chief executive’s absence) must chair the urgent meeting until:
a. the mayor (if any) has made their oral and written declarations; or
b. the members that are present have:
i. made their oral and written declarations; and
ii. elected one of their number to preside at the urgent meeting.
An affected candidate cannot participate in the meeting but may attend the meeting if it is open to the public.
LGA 2002, Sch. 7 Cl21B

8.13 Meetings not valid
Failing to publicly notify a meeting does not, of itself, invalidate a meeting.

Where a council becomes aware that a meeting has not been properly notified, it must, as soon as possible, give public notice that the meeting has been held.

The public notice must state:
a. the meeting has occurred without proper notice;
b. the general nature of the items discussed; and c. the reasons why the meeting was not notified.
LGOIMA, s 46(5) & (6).

8.14 Resolutions passed at an extraordinary meeting
A council must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the council unless:
a. the resolution was passed at a meeting, or part of a meeting, from which the public was excluded; or
b. the extraordinary meeting was publicly notified at least five working days before the day on which the meeting was held.
LGOIMA, s 51A.

8.15 Meeting Schedules
A council may adopt a schedule of meetings. The schedule may cover any period of time that the council considers appropriate

The council can amend the schedule at any time.

• Notifying the schedule to members is considered to be notification of every meeting on the schedule.
• Notifying members of an amendment to the schedule is notification of the amended meeting.

Nothing in this clause replaces the council’s obligations under the LGOIMA for public notification of meetings.
LGA 2002, Sch. 7, cl 19(6).

8.16 Non-receipt of notice to members
A meeting of a council is not invalid if an elected member does not receive (or does not receive in time) notice of the meeting unless:
a. it is proved that the person responsible for issuing the notice acted in bad faith or without reasonable care; and
b. the member concerned did not attend the meeting. A member may waive the need to be given notice of meetings. LGA 2002, Sch. 7, cl 20(1) & (2)

8.17 Meeting cancellations

• The chairperson of a scheduled meeting may cancel the meeting if, in consultation with the chief executive, they consider this is necessary.
• Reasons for cancellation may include lack of business, lack of quorum, or clash with another event.
• The chief executive must make a reasonable effort to notify members and the public as soon as practicable of the cancellation and the reasons behind it.

9.1 Preparation of the agenda
At least two working days prior to a meeting the chief executive must prepare an agenda for the meeting, to be circulated to all members attending the meeting.

Even though the agenda is the chief executive’s responsibility, where practicable, the chief executive should consult the chairperson for the meeting about the agenda.

The agenda must:
a. list the items to be brought before the meeting;
b. include the reports and other attachments associated with the list of items in the agenda; and
c. indicate which items are expected to be discussed with the public excluded. (see also standing order 9.14.). LGOIMA, s 46A.

9.2 Process for raising matters for a decision
Council, committees, local boards and/or community boards and subordinate decision-making bodies may, by resolution, request reports on matters they determine.

For all decision-making bodies other than the council, requests for reports must fall within the scope of their terms of reference.

9.3 Chief Executive may delay or refuse request
The chief executive may delay commissioning, or not produce, reports that involve significant cost, unless agreed by the council, or are beyond the scope of the body that made the request.

Where the chief executive refuses a request to prepare a report, they will:
a. discuss options for meeting the request with the respective chairperson;
b. report back to a subsequent meeting:
i. with an estimate of the resourcing and/or cost involved; and
ii. seek direction on whether the report should still be prepared.

A chief executive may refuse a direct report request from an individual member. In this instance, an explanation should be provided to the member.

9.4 Order of business
At the meeting, the items are to be dealt with in the order in which they are listed on the agenda unless the chairperson, or the meeting (by resolution), decides otherwise.

The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called.

9.5 Chairperson’s recommendation
A chairperson may provide a recommendation on an agenda item.

• The chairperson’s recommendation can be provided before or during the meeting.
• Where a chairperson’s recommendation varies significantly from an officer’s recommendation, the chairperson must provide the reasons for the recommendation.
• The recommendation, and reasons, must comply with the decision-making requirements of Part 6 of the LGA 2002.

9.6 Chairperson may prepare report
The chairperson of a meeting may prepare a report to be included in the agenda provided the matter falls within the terms of reference for the meeting.

For clarity, any report and recommendations must comply with the decision-making requirements of Part 6 of the LGA 2002.

9.7 Public availability of the agenda
The meeting information provided to members must be publicly available unless the information relates to a matter reasonably expected to be discussed with the public excluded.
LGOIMA, s. 5 & 46A.

9.8 Public inspection of agenda
A member of the public is entitled to inspect, during normal office hours, the agendas including associated reports provided to members.

The agendas must be available for viewing at the public offices of the council (including service delivery centres) and the public libraries under the council’s control.

Agendas must be accompanied by
a. the associated reports; or
b. a notice advising where the reports can be inspected.

While the documents must be available for viewing at least two working days before a meeting, they should be made available with as much notice as possible before the meeting date.

It is sufficient for the documents to be available for electronic inspection.

No charge can be imposed for the inspection of the agendas (including reports).
LGOIMA, s 46A(1) - (3).

9.9 Withdrawal of agenda items
The chief executive may withdraw an item from an agenda.
The chief executive should inform the chairperson of the reason(s) for the withdrawal.

9.10 Distribution of the agenda
The chief executive must send the agenda to every member of a meeting at least two clear working days before the day of the meeting.

In the case of extraordinary, emergency, or urgent meeting, the agenda must be made available as soon as is reasonable in the circumstances.

The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.

9.11 Status of agenda
No matter included on a meeting agenda, including any recommendations in associated reports, has been decided as final until it has been the subject of a formal resolution of the meeting.

9.12 Items not on the agenda - decision cannot be delayed
A meeting may deal with an item that is not on the agenda where the meeting resolves to deal with that item, and the chairperson provides the following information during the public part of the meeting:
a. the reason the item is not on the agenda; and
b. the reason why discussion of the item cannot be delayed until a subsequent meeting. LGOIMA, s 46A(7).

Items not included on an agenda may be considered at a meeting if included in a report from the chief executive or the chairperson.

Nothing in this standing order removes the requirement to meet the provisions of Part 6 of the LGA 2002.

9.13 Items not on the agenda - minor issues for discussion only
A meeting can discuss minor items which are not on an agenda if:
a. the matter relates to council business; and
b. at the start of the public part of the meeting, the chairperson explains that the matter will be discussed.

The meeting cannot make a resolution, decision, or recommendation on any minor matter that was not on the agenda for that meeting.

The meeting can, however, refer the matter to a subsequent meeting for further discussion.

LGOIMA, s 46A(7A)

9.14 Public excluded business on the agenda
The chief executive may exclude a report, or part of a report, from an agenda where they expect it to be discussed once the public has been excluded (by resolution) from the meeting.

Where reports, or parts of reports, are withheld, the agenda and proposed recommendation must clearly indicate:
a. the matter is expected to be discussed with the public excluded;
b. the general subject of any items to be considered while the public is excluded;
c. the reasons for passing a resolution (with reference to the particular provision relied on for each matter); and
d. the actual ground in section 48(1) relied on to exclude the public.
LGOIMA, s. 46A(8)-(9) and 48(3)

Note:The Ombudsman advises that the reason for passing a resolution should contain specific details about the harm the Council is trying to avoid, rather than simply reciting the clause from section 6 or section 7(2) as it is written in the LGOIMA.

9.15 Qualified privilege relating to agenda and minutes
Where a meeting is open to the public and: a. a member of the public is given a copy of the agenda or further statements; or b. a member of the public is given a copy of the minutes;

The publication of any defamatory matter included in the agenda or minutes is privileged, unless it is proved (through defamation proceedings) that the defendant:
a. was motivated by ill will toward the plaintiff, or
b. took improper advantage of the publication.
LGOIMA, s 52

Local authorities, local boards and community boards may, at the start of a meeting, choose to recognise the civic importance of the occasion through some form of reflection. This could be an expression of community values, a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau.

Options for opening a meeting could include a karakia t imitanga, mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting where appropriate.

Note: A meeting is constituted if a quorum is present, regardless of whether all of the members are voting or entitled to vote (LGA 2002, Sch. 7, cl 23(1)).

No business may be conducted if a quorum of members is not present for the whole time the business is being considered.
LGA 2002, Sch. 7, cl 23(1) & (2)

11.1 Council meetings
The quorum for a meeting of the council is
a. half of the members, where the number of members (including vacancies) is even; and
b. a majority of the members, where the number of members (including vacancies) is odd.
LGA 2002, Sch. 7, cl 23(3)(a)

11.2 Committees and subcommittee meetings

• A council sets the quorum for its committees and subcommittees, either by resolution or by stating the quorum in the body’s terms of reference.
• A committee may set the quorum for any subcommittees it establishes.
• The minimum quorum for a committee or subcommittee is two members.
• The quorum of a committee (but not a subcommittee) must include at least one member of the council.
  LGA 2002, Sch. 7, cl 23(3)(b).

11.3 Joint committee
The quorum for a meeting of a Joint Committee is:
a. half of the members, where the number of members (including vacancies) is even; and
b. a majority of the members, where the number of members (including vacancies) is odd.

A Joint Committee Agreement may vary the quorum requirement above to provide that a quorum must include 1 or more members appointed by each party.
LGA 2002, Sch. 7, cl 30A(6)(b) &(c).

11.4 Mayor as member of a joint committee
A Mayor is a member of all Joint Committees. If the Mayor is a member solely due to s 41A(5), the Mayor is not counted as a member of the committee for determining:
a. The number of members required to constitute a quorum; or
b. Whether a quorum exists at a meeting.
LGA 2002, s 41A(5), Sch. 7, cl30A(6A)

11.5 Meeting lapses where no quorum
A meeting lapses, and the chairperson must vacate the chair, if a quorum is not present within 30 minutes of the advertised start of the meeting.

• The chairperson has the discretion to wait for a longer period if members are known to be travelling to the meeting but have been delayed.
• If a quorum is lost during a meeting, the meeting lapses if the quorum is not present within 15 minutes.
• No business may be conducted while waiting for the quorum to be reached.

Minutes must record when a meeting lapses due to a lack of a quorum, along with the names of the members who attended and left, causing the quorum to lapse.

11.6 Business from lapsed meetings
Where meetings lapse the remaining business will be adjourned and be placed at the beginning of the agenda of the next ordinary meeting, unless the chairperson sets an earlier meeting or refers the matter to another body with appropriate decision-making authority, and this is notified by the Chief Executive.

12.1 Meetings open to the public
Every meeting of the council (including its committees) must be open to the public unless the public has been excluded.

Members of the news media are considered to be members of the public.
LGOIMA, s 47, 48 & 49(a)

12.2 Grounds for removing the public
The chairperson may require a member of the public to be removed from the meeting if they believe that person’s behaviour is likely to prejudice the orderly conduct of the meeting. LGOIMA, s 50(1).

12.3 Local authority may record meetings
Meeting venues should contain clear signage indicating and informing members, officers and the public that proceedings may be recorded by the local authority and may be subject to direction by the chairperson.

12.4 Public may record meetings

• Members of the public may make electronic or digital recordings of meetings which are open to the public.
• Any recording of meetings should be notified to the chairperson at the commencement of the meeting.
• The process of recording must not distract the meeting from conducting its business.
• Where circumstances require, the chairperson may direct the recording to stop for a specified period of time

13.1 Members right to attend meetings
A member of a council, or of a council committee, has the right to attend any meeting of the council or a committee unless they have been lawfully excluded.
LGA 2002, Sch. 7, cl 19(2).

If a member of a council is not an appointed member of the meeting which they are attending, they:
a. may not vote on any matter at that meeting; but
b. may, with the permission of the chair, take part in the meeting’s discussions (subject to standing order 13.2).

A member attending a meeting of which they are not an appointed member is not a member of the public for the purpose of s 48 of LGOIMA. Consequently, if the meeting resolves to exclude the public, any members present may remain, unless they are lawfully excluded.

Note: this section does not confer any rights to appointed members on council committees.

13.2 Attendance when a committee is performing judicial or quasi-judicial functions
When a committee is performing judicial or quasi-judicial functions, members of the council who are not members of that committee are not entitled to take part in the proceedings.

13.3 Leave of absence
A council may grant a member leave of absence following an application from that member (including the Mayor).

To protect members’ privacy the council may delegate authority to the Mayor to grant a leave of absence to a member. In the absence of the Mayor, the Deputy Mayor may exercise that authority.

The Mayor, or Deputy Mayor, will inform all members of the council whenever a member has been granted leave of absence under delegated authority.

Meeting minutes will record that a member has a leave of absence as an apology for that meeting.

13.4 Apologies
A member who does not have leave of absence may tender an apology if they intend being absent from all or part of a meeting.

The chairperson must invite apologies at the beginning of each meeting, including apologies for lateness and early departure. The meeting may accept or decline any apology.

Members may be recorded as absent on council business where their absence is a result of a commitment made on behalf of the council.

For clarification, the acceptance of a member’s apology constitutes a grant of ‘leave of absence’ for that meeting.

13.5 Recording apologies
The minutes must record:
a. any apologies tendered before or during the meeting, including whether they were accepted or declined; and
b. the time of arrival and departure of all members.

13.6 Absent without leave
Members who miss four consecutive meetings of the council (the governing body), without a leave of absence or apology having been accepted, will create an extraordinary vacancy.
This standing order doesn’t apply to extraordinary meetings. LGA 2002, Sch. 7, cl 5(d).

13.7 Right to attend by audio or audiovisual link
Provided the conditions in Standing Orders 13.11 and 13.12 are met:
a. Members of the council and its committees have the right to attend meetings by electronic link unless they have been lawfully excluded.
b. Members of the public, for the purpose of a deputation or public forum, approved by the chairperson, have the right to attend meetings by electronic link, unless they have been lawfully excluded

13.9 Member's status: voting
Where a meeting has a quorum, the members attending by electronic link can vote on any items raised at the meeting.

13.10 Chairperson’s duties
Where the technology is available and a member is attending a meeting by audio or audiovisual link, the chairperson must ensure that:
a. the technology for the link is available and of suitable quality; and
b. procedures for using the technology in the meeting will ensure that:
i. everyone participating in the meeting can hear each other;
ii. the member’s attendance by audio, or audio visual, link does not reduce their accountability or accessibility of that person in relation to the meeting;
iii. the requirements of Part 7 of LGOIMA are met; and iv. the requirements in these Standing Orders are met.
LGA 2002, Sch. 7, cl 25A(3)

13.11 Conditions for attending by audio or audiovisual link
Noting Standing Order 13.7, the chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting.

Examples of situations where approval can be given include:

a. where the member is at a place that makes their physical presence at the meeting impracticable or impossible;
b. where a member is unwell; and
c. where a member is unable to attend due to an emergency.

13.12 Request to attend by audio or audiovisual link
Where possible, a member will give the chairperson and the chief executive at least two working days’ notice when they want to attend a meeting by audio or audiovisual link. If, due to illness or emergency, this is not possible the member may give less notice.

Where a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audiovisual link. However, the council has no obligation to make the technology for an audio or audio-visual link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the council or its committees.

13.13 Chairperson may terminate link
The chairperson may direct that an electronic link be terminated where:
a. use of the link is increasing, or may unreasonably increase, the length of the meeting;
b. the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;
c. it is distracting to the members who are physically present at the meeting;
d. the quality of the link is no longer suitable; or
e. information classified as confidential may be compromised (see also SO 13.16).

13.14 Giving or showing a document
A person attending a meeting by audio- or audio-visual link may give or show a document by:
a. transmitting it electronically;
b. using the audio visual link; or
c. any other manner that the chairperson thinks fit.
LGA 2002, Sch. 7, cl 25A(6).

13.15 Link failure
Where an audio or audiovisual link fails, or there are other technological issues that prevent a member who is attending by link from participating in a meeting, that member must be deemed to be no longer attending the meeting.

13.15 Confidentiality
A member who is attending a meeting by audio, or audio-visual link, must ensure that the meeting’s proceedings remain confidential during any time that the public is excluded.

The chairperson may require the member to confirm that no unauthorised people are able to view or hear the proceedings. If the chairperson is not satisfied by the explanation, they may terminate the link.

14.1 Council meetings

• The Mayor must chair all council meetings unless they vacate the chair. The Mayor may vacate the chair for an entire meeting or part of a meeting.
• The Deputy Mayor must chair the council meeting if the Mayor is absent from a meeting or vacates the chair.
• The members present must elect an acting chairperson if the Mayor and Deputy Mayor are not present and/or have vacated the chair.
• The Deputy Mayor or the acting chairperson has all the responsibilities, duties and powers of the chairperson for the duration of the meeting.
  LGA 2002, Sch. 7, cl 26(1), (5) & (6)

14.2 Other meetings
The chairperson of a committee or subcommittee must chair each meeting unless they vacate the chair for all or part of a meeting.

The deputy chairperson (if any) must chair the meeting if the chairperson is absent or has vacated the chair. The committee members present must elect an acting chairperson if the deputy chairperson is absent or has not been appointed.

The deputy chairperson or the acting chairperson has all the responsibilities, duties and powers of the chairperson for the meeting.
LGA 2002, Sch. 7, cl 26(2), (5) & (6).

14.3 Addressing the chairperson
Members will address the chairperson in a manner that the chairperson has determined.

14.4 Chairperson’s rulings
The chairperson will decide all procedural questions, including those where insufficient provision is made by the Standing Orders.

Where a point of order questions the chairperson’s ruling, the deputy chairperson will decide.

Refusal to obey a chairperson’s ruling or direction constitutes contempt (see Standing Order 20.5).

14.5 Chairperson standing
When the chairperson stands during a debate, members are required to sit down (if required to stand to address the meeting) and be silent so that they can hear the chairperson without interruption.

14.6 Member’s right to speak
Members are entitled to speak in accordance with these Standing Orders.

Members should address the chairperson when speaking.

Members may not leave their place while speaking unless they have the leave of the chairperson.

14.7 Chairperson may prioritise speakers
When two or more members want to speak the chairperson will determine the speaking order and name the member who may speak first.

Members who wish to speak have precedence where they intend to:
a. raise a point of order, including a request to obtain a time extension for the previous speaker; and/or
b. move a motion to terminate or adjourn the debate; and/or
c. make a point of explanation; and/or
d. request the chairperson to permit the member a special request.

Public forums are a defined period of time, put aside for the purpose of public input.

Public forums enable members of the public to bring items of their choice, not on the meeting’s agenda, to the attention of the council.

In the case of a committee, any issue, idea, or matter raised in a public forum must fall within the terms of reference of that committee.

15.1 Time limits
A period of up to 30 minutes will be available for the public forum at each scheduled council meeting.

Speakers can speak for up to five minutes (excluding questions).

Requests to speak at a public forum must be:
a. made to the chief executive (or their delegate);
b. made at least one clear day before the meeting; and
c. must outline the items that will be addressed by the speaker(s).

The chairperson has discretion to:
a. extend a speaker’s allocated speaking time;
b. where there are more than six speakers presenting in the public forum, restrict one or more speakers allocated speaking time, or
c. waive the time requirement for requesting permission to speak in the public forum.

15.2 Restrictions
The chairperson has the discretion to decline to hear a speaker or to terminate a presentation at any time where:
a. a speaker is repeating views presented by an earlier speaker at the same public forum;
b. more than two speakers have requested to speak on the same matter at the same meeting;
c. the speaker is criticising elected members and/or staff;
d. the speaker is being repetitious, disrespectful or offensive;
e. the speaker has previously spoken on the same issue;
f. the speaker has caused disruption at multiple previous committee and/or council meetings;
g. the matter is subject to legal proceedings;
h. the matter is subject to a hearing, including the hearing of submissions where the council or committee sits in a quasi-judicial capacity; and/or
i. decision-making authority on the matter rests with another body or individual.

15.3 Questions at public forums
With the chairperson’s permission, members may ask questions of speakers at the conclusion of their presentation.

Questions are to be confined to obtaining information or clarification on matters raised by a speaker.

The speaker may not ask questions of either members or staff.

15.4 No resolutions
No debate or decisions can be made at the meeting on issues raised during the public forum.

The purpose of a deputation is to enable a person, group, or organisation, to make a presentation about an item(s) on a meeting agenda.

Deputations may be heard at the commencement of the meeting, or at the time that the relevant agenda item is being considered.

Requests to make a deputation must be:
a. made to the chief executive (or their delegate);
b. made at least five clear days before the meeting; and
c. must outline the items that will be addressed by the speaker(s).

Any documents to be included in the deputation must be received at least two days in advance to allow time for translation.

The chairperson has the discretion to waive the time requirement for requesting permission to make a deputation.

Members of the public may not question either members or staff.

16.1 Time limits
Unless the chairperson has restricted the speaking t ime under Standing Order 16.2:
a. speakers can speak for up to five minutes (excluding questions); and
b. no more than two speakers can speak on behalf of a deputation. The chairperson has discretion to extend a speaker’s speaking time.

16.2 Restrictions
The chairperson has the discretion to decline to hear or terminate a deputation at any time where:
a. a speaker is repeating views presented by an earlier speaker at the meeting;
b. the speaker is criticising elected members and/or staff;
c. the speaker is being repetitious, disrespectful or offensive;
d. the speaker has previously spoken on the same issue;
e. the matter is subject to legal proceedings;
f. the matter is subject to a hearing, including the hearing of submissions where the council or committee sits in a quasi-judicial capacity and/or
g. where a member of the public has previously caused a disruption at multiple meetings, the chairperson may decline a deputation request and require the individual to provide their views in writing.

16.3 Questions of a deputation
With the permission of the chairperson, members may ask questions of any speakers at the conclusion of the deputation.

Questions are to be confined to obtaining information or clarification on items raised by the deputation.

Those making the deputation may not ask questions of either members or staff.

16.4 Resolutions
Any debate on a matter raised in a deputation must occur at the time at which the matter is discussed on the meeting agenda, and once a motion has been moved and seconded.

17.1 Form of petitions
Anyone of any age may petition the Council, including individuals, clubs, community groups and businesses. Those representing a club, community group or business must include a signature from an authorised officer of the organisation. A petition will need to be addressed to the South Taranaki District Council signed by at least 20 signatories, asking the Council to act on something or investigate the issue you are concerned about.

Petitions must contain at least 20 signatures and be addressed to the Chief Executive and post, email or hand deliver it to the Council office in Hāwera or your nearest LibraryPlus so it can be forwarded to the Chief Executive. The organiser of the petition will become the main point of contact for the Council.

Petitions must not be disrespectful, use offensive language or include malicious, inaccurate, or misleading statements (see Standing Order 20.9 on qualified privilege). They may be written in English or te reo Māori. Petitioners planning to present their petition in te reo or sign language should advise the chief executive in time to allow translation services to be arranged.

The Council or a committee will consider your petition at its next meeting, depending on agenda deadlines.

17.2 What are the rules for signatures on a petition?
Every page with signatures must have the full petition wording on it, to show that people know what they are signing.

People who sign the petition must state their name, town or locality of residence and add their signature.

Unless incapacitated, a person must sign a petition personally and a person signing on behalf of an incapacitated person must state this fact beside the signature.

Signatures must be original – not photocopied, faxed, scanned, pasted, or otherwise transferred onto the petition.

17.3 Speaking to the Council about petition
If the organiser or one of the signatories wishes to speak to the Council about the petition, this must be clearly stated when submitting the petition. They may speak for 5 minutes (excluding questions) about the petition, unless the chairperson decides otherwise.

If the petition is to be presented in Te Reo Māori or sign language, the Chief Executive needs to be advised at the time the petition is received, ideally earlier to ensure appropriate services can be provided at the Council meeting.

The Chairperson must terminate the presentation of the petition if they believe the presenter is being disrespectful, offensive or making misleading or malicious statements.

A Council member may present a petition on behalf of petitioners. In doing so, they must only present: the petition; the petitioners’ statement; and the number of signatures.

17.4 What about privacy?
Petitions are presented at a Council meeting and therefore become public information. The name of the organiser and the names of those who sign the petition will be publicly available.

Contact details of the signatories, such as address, telephone numbers and email addresses will not be made public.

17.5 Acceptance of petitions
The Council reserves the right to refuse a petition if it:

• Is not within the Council’s jurisdiction*; or
• Is repetitious or similar to an earlier petition that has already been considered by the Council; or
• does not meet the ‘format of a petition’ as provided in the Council’s Standing Orders**; or
• relates to legal processes that the Council must follow (for example, a resource consent or quasi judicial process); or
• relates to a matter the Council is currently consulting on, in which case the petition will be referred to that process.
  * If the matter in the petition falls outside the scope of the Council’s jurisdiction, for example a matter for a court or tribunal, central government or the Office of the Ombudsman or Privacy Commissioner, the organiser will be advised of this.
  ** If the petition is not in the proper format, it will be returned to the organiser.

17.6 After the petition is presented to Council
The Council will usually formally accept the petition and, as appropriate, request staff to prepare a report on the matter addressed in the petition. The report will be presented at a future meeting for consideration and any associated decisions or further direction. The Council can refer the petition to a committee that deals with the subject matter.

The organiser will be advised of the meeting date when the Council or committee will consider a report on the matter in the petition. Individual signatories to the petition will not be notified when the report will be considered.

The petition and what decision, if any, the Council makes in relation to the petition is contained in the meeting minutes and is publicly available. The organiser will be notified of the decision and what action will be taken.

18.1 Motions and resolutions to exclude the public
Members of a meeting may resolve to exclude the public from the whole meeting or part of the meeting. The grounds for exclusion are those specified in s 48 of LGOIMA (see Appendix 1).

Every motion to exclude the public must be put while the meeting is open to the public with copies of the motion made available to any member of the public who is present.

A resolution to exclude the public must be in the form set out in schedule 2A of LGOIMA (see Appendix 2).

The council must:
a. include the general subject for each matter to be excluded;
b. describe the grounds in section 48 for excluding the public;
c. have considered whether the public interest in the matter weighs against excluding the public;
d. provide reason(s), should the resolution pass, set out in plain English and including sufficient detail.

The resolution forms part of the meeting’s minutes. Note: Section 7(2)(f)(i) (free and frank expression) cannot be used as a ground to exclude the public from meetings.
LGOIMA, s 48.

18.2 Specified people may remain
A resolution to exclude the public may provide for specified individuals to remain if the meeting believes they have knowledge that will assist the meeting.

If it is proposed that specified individuals should stay, the resolution must state how their knowledge is relevant and will be of assistance.

No resolution is needed for people entitled to be at the meeting (such as relevant staff and officials contracted to the council for advice on the matter).
LGOIMA, s 48(6).

18.3 Public excluded items
The chief executive must indicate, on the agenda, any matter they expect the meeting to consider with the public excluded.

The chief executive may exclude reports, the content or items from reports, expected to be discussed with the public excluded.
LGOIMA, s 46A(8) & (9).

18.4 Non-disclosure of information
Members and officers may only discuss the information relating to public excluded agenda items and reports with another member, an officer, or a person authorised by the chief executive.

This restriction does not apply where a meeting has resolved, or the chief executive has decided, to make the information publicly available because:
a. there are no longer grounds under LGOIMA for withholding the information; and
b. the information is no longer confidential.

18.5 Release of information from public excluded session
A meeting may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

The chief executive may release information which has been considered at a public excluded session when it is determined that the grounds to withhold the information no longer exist.

19.1 Decision by majority vote
Unless the LGA 2002 or council’s standing orders provide otherwise, council and committees must decide all items before a meeting by:
a) a vote; and
b) the majority of members that are present and voting.
LGA 2002, Sch. 7, cl 24(1) & (4).

19.2 Open Voting
All items must be determined by open voting.

Everyone present at a meeting must be able to see (or hear) how each individual councillor votes.
LGA 2002, sch 7, cl 24(3).

19.3 Chairperson has a casting vote
The Mayor, chairperson, or any other person presiding at a meeting, has a deliberative vote and, in the case of an equality of votes, has a casting vote. LGA 2002, sch 7, cl 24(2).

19.4 Method of voting
The method of voting must be as follows:
a. The chairperson, in putting the motion, must:
i. call for an expression of opinion on the voices; or
ii. take a show of hands; and iii. announce the result.
b. The chairperson’s announcement is conclusive unless it is questioned immediately by a member, in which event the chairperson will call a division.
c. The chairperson, or a member, may call for a division instead of, or immediately after, voting by voice and/or taking 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. The result must be publicly displayed and notified to the chairperson who must declare the result.

19.5 Calling for a division
When a division is called, the chief executive must:
a. record the names of the members voting for and against the motion
b. record the names of members abstaining
c. provide the outcome to the chairperson to declare the result.

The result of the division including members’ names and the way in which they voted must be entered into the minutes. The chairperson may call a second division where there is confusion or error in the original division.

19.6 Request to have votes recorded

• A member may request their vote, or abstention is recorded in the minutes.
• The request must be received immediately after the vote is taken.
• The minutes must record the member’s vote or abstention.
• Recording any other items, such as a members’ reason for their vote or abstention, is not permitted.

19.7 Members may abstain

• A member may abstain from voting.
• A member does not need to provide a reason for their abstention.

20.1 Calling to order
When the chairperson calls members to order they must be seated and stop speaking.

If a member fails to stop speaking and take their seat, the chairperson may direct the member to leave the meeting immediately. The chairperson may also adjourn the meeting:
a. if other people cause disorder; or
b. in the event of an emergency.

20.2 Behaviour consistent with Code of Conduct
At a meeting no member may act inconsistently with their Code of Conduct or speak or act in a manner which is disrespectful of other members, staff or the public.

20.3 Retractions and apologies
The chairperson may require a member, or speaker, to apologise and/or withdraw offending comments where the individual:
a. has been disrespectful of another member, staff or the public; or
b. contravened the council’s Code of Conduct.

If the member refuses to comply with the chairperson’s instruction, the chairperson may:
a. direct that the individual leave the meeting for a specified time and/or
b. make a complaint under the Code of Conduct.

20.4 Disorderly conduct
A member whose behaviour is disorderly or is creating a disturbance, may be asked by the chairperson to leave the room immediately.

The chairperson must specify whether the member is required to leave for:
a. the remainder of the meeting; or
b. a lesser period.

The chairperson may also adjourn the meeting:
a. if other people cause disorder; or
b. in the event of an emergency.

If the disorder continues the chairperson may adjourn the meeting for a specified time.

20.5 Contempt
Where the chairperson has repeatedly cautioned a member for disorderly conduct the meeting may resolve that the member is in contempt.

The resolution must be recorded in the meeting’s minutes.

A member who has been found to be in contempt and continues to be cautioned by the chairperson for disorderly conduct, may be subject to Standing Order 20.6.

20.6 Removal from meeting
A member of the police, or authorised security personnel, may, at the chairperson’s request, remove or exclude a member from a meeting.

This Standing Order will apply where the chairperson has ruled that the member should leave the meeting and:
a. the member has refused or failed to do so; or
b. has left the meeting and attempted to re-enter it without the chairperson’s permission.

20.7 Financial conflicts of interest
Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at a meeting, other than an interest that they hold in common with the public.

The nature of the interest does not need to be disclosed.

No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless:
a. an exception set out in s 6 of the LAMIA applies to them, or
b. the Auditor-General has granted an exemption or declaration under s 6(4), 3(a) or 3(aa) of the LAMIA.

Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded, in which case they should leave the room.

The chairperson, chief executive and/or the meeting cannot rule on whether a member has a financial interest in the matter being discussed.

The minutes must record any declarations of financial interests and the members’ abstention from any discussion and voting on the matter.
LAMIA, ss 3, 6 & 7.

20.8 Non-financial conflicts of interest

• Non-financial interests involve questions about whether the judgement of a member could be affected by a separate interest, or duty, which that member may have in relation to a particular matter.
• If a member considers that they have a non financial conflict of interest in a matter that may influence their judgement, they must not take part in the discussions about that matter, or any subsequent vote.
• The member must leave the table when the matter is considered but does not need to leave the room.
• The minutes must record the declaration and member’s subsequent abstention from discussion and voting.
• The chairperson, chief executive and/or the meeting cannot rule on whether a member has a non-financial interest in the matter being discussed.

20.9 Qualified privilege for meeting proceedings
Any oral statement made at any meeting of the council in accordance with the rules adopted by the council for guiding its proceedings is privileged unless the statement is proved to have been made with ill will, or took improper advantage of the occasion of publication.
LGOIMA, s 53.

20.10 Qualified privilege additional to any other provisions
The privilege referred to above is in addition to any other privilege, whether absolute or qualified, that applies because of any other enactment or rule of law applying to any meeting of the council.
LGOIMA, s 53

20.11 Electronic devices at meetings
Electronic devices and phones should only be used to advance the business of a meeting.

21.1 Chairperson may exercise discretion
The chairperson has discretion to apply any procedural items in this section of Standing Orders as they see fit.

21.2 Time limits on speakers
The following time limits apply to members speaking at meetings:
a. movers of motions when speaking to the motion – five minutes;
b. movers of motions when exercising their right of reply – five minutes; and
c. other members – five minutes.

Time limits can be extended by:
a. resolution, or
b. at the chairperson’s discretion

21.3 Questions to staff
The chairperson has discretion to decide whether questions can be put to staff once the debate has begun.

The chairperson has discretion to determine:
a. how the question is to be dealt with; or
b. whether the question needs to be answered or not.

21.4 Questions of clarification during a debate
At any point in a debate a member may ask the chairperson:
a. for clarification about the nature and content of the motion; and/or
b. the particular stage the debate has reached.

21.5 Members may speak only once
A member, depending on the choice of options for speaking and moving set out in Standing Orders 22.2 - 22.4, may not speak more than once to a motion at a meeting of the council, except with permission of the chairperson.

Members can speak more than once to a motion at a committee or subcommittee meeting with the chairperson’s permission.

21.6 Limits on number of speakers
If three speakers have spoken in support of, or in opposition to, a motion, the chairperson may call for a speaker to the contrary.

If there is no speaker to the contrary, the chairperson must put the motion after the mover’s right of reply.

Members speaking must, if requested by the chairperson, announce whether they are speaking in support of, or opposition to, a motion.

21.7 Mover and seconder may reserve speech
A member may move or second a motion or amendment without speaking to it, reserving the right to speak until later in the debate.

21.8 Speaking only to relevant items
Members may only speak to:
a. a matter on the meeting agenda;
b. a motion or amendment which they propose; or
c. to raise a point of order.

Members must confine their remarks strictly to the motion or amendment they are speaking to. The chairperson’s rulings on these items are final and not open to challenge.

21.9 Restating motions
At any time during a debate a member may ask that the chairperson restate a motion and any amendments; but not in a manner that interrupts a speaker.

21.10 Criticism of resolutions
A member speaking in a debate may not unduly criticise the validity of any resolution, except where the matter under debate is a notice of motion to amend or revoke that resolution.

21.11 Objecting to words
A member may object to words used by another member in debate and ask that the objection be recorded in the minutes.

The objection must be lodged at the time the words are used, and before any other member has spoken. The chairperson must order the minutes to record the objection.

Note: This provision does not prevent a member from making a complaint at any time during, or after, a meeting about the use of inappropriate or offensive language.

21.12 Right of reply
The mover of a motion has a right of reply.

The mover of an amendment to the motion does not.

In their reply, the mover must confine themselves to answering previous speakers and not introduce any new items. A mover has only one right of reply.

The mover can exercise their right of reply either at the end of the debate on the motion (whether original, substituted or substantive) or at the end of the debate on a proposed amendment.

The original mover may speak once to the principal motion and once to each amendment without losing their right of reply.

If a closure motion is carried, the mover of the motion may use their right of reply before the motion or amendment is put to the vote.

21.13 No other member may speak
No member may speak:
a. after the mover has started their reply;
b. after the mover has indicated that they want to forego their reply; or
c. where the mover has spoken to an amendment to the original motion and the chairperson has indicated that he or she intends to put the motion.

21.14 Adjournment motions
The carrying of any motion to adjourn a meeting supersedes other business, including business yet to be resolved.

Any adjourned business must be considered at the next meeting.

Business referred to, or referred back to, another decision-making body must be considered at the next ordinary meeting of that body, unless otherwise specified.

21.15 Chairperson’s acceptance of closure motions
The chairperson may only accept a closure motion where:
a. there have been at least two speakers for and two speakers against the motion proposed to be closed; or
b. the chairperson considers it reasonable to do so.

However, the chairperson must put a closure motion if there are no further speakers in the debate.

When the meeting is debating an amendment, the closure motion relates to the amendment.

If a closure motion is carried, the mover of the motion under debate has the right of reply (unless the mover has already exercised that right) after which the chairperson puts the motion or amendment to the vote.

22.1 Options for speaking and moving
This subsection provides three options for speaking and moving motions and amendments at a meeting of council and its committees.

Option A applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either of the other two options for the meeting generally, or for any specified items on the agenda.

22.2 Option A
a. The mover and seconder of a motion cannot move or second an amendment (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend a matter in the report. In this case the original mover or seconder may also move or second the amendment).
b. Only members who have not spoken to the motion (whether original, substituted or substantive) motion may move or second an amendment to it.
c. A member may only move or second one amendment in a debate. It does not matter whether the amendment is carried (and becomes the substantive motion) or lost.
d. Members can speak to any amendment. The meeting may reword a motion provided that:
i. the mover and seconder agree to the rewording; and
ii. the majority of members agree to the rewording.

22.3 Option B
a. The mover and seconder of a motion cannot move or second an amendment (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also move or second the amendment).
b. Any members, regardless of whether they have spoken to the motion (whether original, substituted or substantive), may move or second an amendment to it.
c. The mover or seconder of an amendment that is carried can move or second a subsequent amendment.
d. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.
e. Members can speak to any amendment.
f. The meeting may reword a motion provided that: i. the mover and seconder agree to the rewording; and ii. the majority of members agree to the rewording.

22.4 Option C - Council Adopted this option
a. The mover and seconder of a motion can move or second an amendment.
b. Any members, regardless of whether they have spoken to the motion (whether original, substituted or substantive), may move or second an amendment to it.
c. The mover or seconder of an amendment (whether it is carried or lost) can move or second further amendments.
d. Members can speak to any amendment.
e. The meeting may reword a motion provided that:
i. the mover and seconder agree to the rewording; and
ii. the majority of members agree to the rewording.

23.1 Proposing and seconding motions

1. All motions, and amendments to motions moved during a debate, must be seconded (including notices of motion).
2. The chairperson may then state the motion and propose it for discussion.
3. A motion should be moved and seconded before debate but after questions.
4. Any motion, including substituted motions and amendments, that are not seconded are not valid and should not be entered in the minutes.
5. Members who move or second a motion are not required to be present for the entirety of the debate.

23.2 Motions in writing
The chairperson may require movers of motions, including substituted motions and amendments, to provide them in writing.

23.3 Motions expressed in parts
The chairperson, or any member, can require a motion that has been expressed in parts to be decided part by part.

23.4 Substituted motion
The meeting may replace a motion with a substitute provided that:
a. the substituted motion has been moved and sec onded; and
b. the mover and seconder of the original motion agree to its replacement.

All members may speak to the substituted motion.

23.5 Amendments to motions
Subject to standing order 23.6, the meeting may amend a motion provided that:
a. the motion has been moved and seconded; and
b. the mover and seconder of the original motion agree to its amendment.

All members may speak to the amendment.

23.6 Amendments must be relevent and not direct negatives
Every proposed amendment must be relevant to the motion under discussion.

Proposed amendments cannot be similar to an amendment that has already been lost.

An amendment cannot be a direct negative to the motion.

Amendments must comply with the decision-making provisions of Part 6 of the LGA 2002.

Reasons for not accepting an amendment include:
a. not directly relevant;
b. in conflict with a carried amendment;
c. similar to a lost amendment;
d. would negate a committee decision if made under delegated authority;
e. being in conflict with a motion referred to the gov erning body by that meeting; or
f. direct negative.

23.7 Foreshadowed amendments
Only one amendment can be debated at a time.

The meeting must dispose of a proposed or existing amendment before a new amendment can be moved.

Members may foreshadow, to the chairperson, an intention to move further amendments and may advise the nature of those amendments.

23.8 Lost amendements
Where a proposed amendment is lost, the meeting will resume the debate on the motion (whether origi nal, substituted or substantive).

Any member who has not spoken to that motion may, depending on the choice of options for speaking and moving set out in Standing Orders 22.2 – 22.4, speak to it, and may move or second a further amendment.

23.9 Carried Amendments Where an amendment is carried;
a. The motion, incorporating the amendment, becomes the substantive motion.
b. the meeting will resume the debate on the substantive motion.

Members who have not spoken to the original motion may, depending on the choice of options for speaking and moving set out in Standing Orders 22.2 – 22.4, speak to the substantive motion, and may move or second a further amendment to it.

23.10 Where a motion is lost
Where a motion that recommends a course of action is lost, a new motion, with the consent of the chairperson, may be proposed to provide an alternative course of action.

23.11 Withdrawal of motions and amendments
The meeting owns a motion or amendment once it has been moved, seconded and put to the meeting for discussion.

The mover cannot withdraw a motion or amendment without the agreement of the majority of members who are present and voting.

The mover of an original motion cannot withdraw the motion if an amendment has been moved, second ed and put to the meeting for discussion unless the amendment has been lost, or withdrawn .by agree ment Refer to Standing Order 23.4.

23.12 No speakers after reply or motion has been put
No member may speak to a motion once:
a. the mover has started their right of reply; or
b. the chairperson has started putting the motion.

24.1 Member may move revocation of a decision by notice of motion
A member of a decision-making body may give the chief executive a notice of motion for the revocation or alteration of all or part of a previous resolution of the same decision-making body.

The notice of motion must set out:
a. the resolution or part of the resolution which the member proposes to revoke or alter;
b. the decision-maker and meeting date when the resolution was passed;
c. the motion, if any, which the member proposes to replace it with; and
d. sufficient information to satisfy the decision making provisions of sections 77-82 of Part 6, of the LGA 2002.

If the mover of the notice of motion is unable to provide sufficient information, or the decision is likely to be deemed a significant decision, the notice of motion should recommend that the proposal is referred to the chief executive for consideration and report.

24.2 Revocation must be made by the body responsible for the decision
Where a committee, subcommittee, joint committee, other subordinate decision-making body has made a resolution under delegated authority, only that body may revoke or amend the resolution (assuming the resolution has been legally made).

This provision does not prevent the body that delegated authority from removing or amending a delegation. LGA 2002, Sch. 7, cl 30(6). Refer also to Part 6 (Delegations) of these Standing Orders

24.3 Requirement to give notice
A notice of motion to revoke, or alter, a previous resolution must:
a. be in writing;
b. be signed by not less than one third of the members of the council or body that made the resolution (including vacancies); and
c. be delivered to the chief executive at least five clear working days before the proposed meeting.

The mover can send the notice of intended motion via email including the scanned electronic signatures of members.

If the notice of motion is lost, the chief executive cannot accept a similar notice of motion which is substantially the same in purpose and effect within the next twelve months.

24.4 Restrictions on actions under the affected resolution
Once a notice of motion to revoke or alter a previous resolution has been received, no irreversible action may be taken under the resolution in question until the proposed notice of motion has been dealt with.

Exceptions apply if, in the opinion of the chairperson:
a. the practical effect of delaying actions under the resolution would be the same as if the resolution had been revoked; or
b. by reason of repetitive notices, the effect of the notice is an attempt by a minority to frustrate the will of the council or the committee that made the previous resolution.

In both situations, action may be taken under the resolution as though no notice of motion had been given to the chief executive.

24.5 Revocation or alteration by resolution at same meeting
A meeting may revoke or alter a previous resolution made at the same meeting where:
a. the meeting has received fresh facts or information concerning the resolution during the course of the meeting; and
b. 75 per cent of the members present and voting have agreed, by resolution, to the revocation or alteration.

24.6 Revocation or alteration by recommendation in report
The council, on a recommendation in a report by the chairperson, chief executive, a committee or subcommittee, a subordinate decision-making body or a local or community board, may revoke or alter all or part of a resolution passed by a previous meeting.

The chief executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.
LGA 2002, Sch. 7, cl 30(6).

25.1 Procedural motions must be taken immediately
A procedural motion to close or adjourn a debate takes precedence over other business, except points of order and rights of reply.

If a procedural motion is seconded the chairperson must put it to the vote immediately, without discussion or debate.

The chairperson must accept a procedural motion to close or adjourn debate:
a. after two speakers have spoken for the motion and two have spoken against the motion; or
b. in the chairperson’s opinion it is reasonable to accept the closure.

25.2 Procedural motions to close or adjourn a debate
Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or adjourn a debate:
a. that the meeting be adjourned to the next ordinary meeting (unless the member states an alternative time and place);
b. that the motion under debate now be put (a closure motion);
c. that the matter being discussed be adjourned to a specified time and place and not be further discussed at the meeting;
d. that the matter of business being discussed lie on the table and not be further discussed at this meeting; (items lying on the table at the end of the triennium will be deemed to have expired); and
e. that the matter being discussed be referred (or referred back) to the relevant committee or local or community board.

A member seeking to move a procedural motion must not interrupt another member who is already speaking.

25.3 Voting on procedural motions
A majority of members present, and voting, must decide any procedural motion to close or adjourn a debate.

If a procedural motion is lost, no member may move a further procedural motion to close or adjourn the debate within the next 15 minutes.

25.4 Debate on adjourned items
When debate resumes on items that have been previously adjourned all members can speak on the items.

25.5 Remaining business at adjourned meetings
Where a resolution is made to adjourn a meeting, the remaining items will be considered at the next meeting.

25.6 Business referred to the council, committee or local or community board
Where a matter is referred to, or referred back to, a committee or a local or community board, the committee or board will consider the matter at its next meeting unless the meeting resolves otherwise.

25.7 Other types of procedural motions
The chairperson has the discretion to allow any other procedural motion not contained in these Standing Orders.

26.1 Members may raise points of order
Any member may raise a point of order when they believe these Standing Orders have been breached.

When a point of order is raised, the member who was speaking must stop speaking and sit down (if standing).

26.2 Subjects for points of order
A member raising a point of order must state precisely what its subject is.

Points of order may be raised for the following subjects:

26.3 Contradictions
A difference of opinion or contradicting a statement by a previous speaker does not constitute a point of order.

26.4 Point of order during division
A member may not raise a point of order during a division, except with the permission of the chairperson.

26.5 Chairperson’s decision on points of order
The chairperson may decide a point of order immediately after it has been raised or may choose to hear further argument about the point before deciding.

The chairperson’s ruling on any point of order, and any explanation of that ruling, is not open to any discussion and is final.

Where a point of order concerns the performance of the chairperson, the chairperson will:
a. refer the point of order to the deputy chairperson; or
b. if there is no deputy chairperson, another member to hear arguments and make a ruling.

27.1 Notice of intended motion to be in writing
A notice of intended motion must:
a. be in writing;
b. be signed by the mover;
c. state the meeting at which it is proposed the motion be considered; and
d. be delivered to the chief executive at least five clear working days before the proposed meeting.

The mover can send the notice of an intended motion via email and include a scanned electronic signature of the mover.

The chief executive must give members notice in writing of the intended motion at least two clear working days’ notice of the date of the meeting at which it will be considered

27.2 Refusal of notice of motion
The chairperson may direct the chief executive to refuse to accept any notice of motion which:
a. is disrespectful or which contains offensive language or statements made with malice;
b. is not related to the role or functions of the council or the meeting concerned;
c. 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;
d. is concerned with matters which are already the subject of reports or recommendations to the meeting concerned;
e. fails to include sufficient information as to satisfy the decision-making provisions of the LGA 2002, ss 77-82. If the mover of the notice of motion is unable to provide this information, or the decision is likely to be deemed a significant decision, the notice of motion should recommend that the proposal is referred to the chief executive for consideration and report; or
f. concerns a matter where council has delegated decision-making authority to a subordinate body or a local or community board

Where the refusal is due to f), the chief executive must refer the notice of motion to the appropriate body or board.

The chief executive should provide reasons for refusing a notice of motion to the mover.

27.3 Mover of notice of motion
A meeting may not consider a notice of motion in the absence of the mover unless the mover has provided written authorisation for another member to move the motion.

27.4 Alteration of notice of motion
Only the mover may alter a proposed notice of motion. Any alteration requires the agreement of a majority of those present at the meeting and must be made at the time the motion is moved.

Once moved and seconded no amendments may be made to a notice of motion.

27.5 When notices of motion lapse
Notices of motion that are not moved when called for by the chairperson must lapse.

27.6 Referral of notices of motion
Where a notice of motion refers to a matter ordinarily dealt with by a committee of the council or a local or community board, the chief executive must refer the notice of motion to that committee or board.

Where notices are referred, the proposer of the intended motion, if not a member of that committee, has the right to move that motion and exercise a right of reply, as if a committee member.

27.7 Repeat notices of motion
When a motion has been considered and rejected by the council or a committee:
a. No similar notice of motion may be accepted within the next 12 months, unless signed by not less than one third of all members, including vacancies.
b. No other notice which, in the chairperson’s opinion, has the same effect, may be put while the original motion stands.

28.1 Minutes to be evidence of proceedings
The council, its committees and subcommittees must authorise and keep minutes of their proceedings.

When confirmed by resolution at a subsequent meeting or following authorisation by the chairperson (by manual or electronic signature) the minutes will be authenticated and stored in hard or electronic copy.

Once authorised, the minutes are the prima facie evidence of the proceedings they relate to.
LGA 2002, Sch.. 7, cl 28.

28.2 Items recorded in minutes
The chief executive must keep the minutes of meetings. The minutes must record:
a. the date, time and venue of the meeting;
b. the names of the members present;
c. the chairperson;
d. any apologies or leaves of absences;
e. members absent without apology or leave of absence;
f. members absent on council business;
g. the arrival and departure times of members;
h. any failure of a quorum;
i. a list of any external speakers and the topics they addressed;
j. a list of the matter considered;
k. matter tabled at the meeting;
l. the resolutions and amendments related to those items including those that were lost, provided they had been moved and seconded in accordance with these Standing Orders;
m. the names of all movers, and seconders;
n. any objections made to words used;
o. all divisions taken and, if taken, a record of each members’ vote;
p. the names of any members requesting that their vote or abstention be recorded;
q. any declarations of financial or non-financial conflicts of interest;
r. the contempt, censure and removal of any members;
s. any resolutions to exclude members of the public;
t. the time at which the meeting concludes or adjourns; and
u. the names of people permitted to stay in public excluded.

Note: hearings under the RMA 1991, Dog Control Act 1996 and Sale and Supply of Alcohol Act 2012 may have special requirements for minute taking.

28.3 No discussion on minutes
The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.

28.4 Minutes of last meeting before election
The chief executive and the relevant chairpersons must sign, or agree to have their digital signature inserted, the minutes of the last meeting of the council before the next election of members.

29.1 Maintaining accurate records
A council must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.

A council must maintain all public records that are in its control in an accessible form, to be able to be used for subsequent reference.
Public Records Act 2002, s 17.

29.2 Method for maintaining record
Records of minutes may be kept in hard copy (Minute Books) and/or in electronic form. If minutes are stored electronically the repository in which they are kept must meet the following requirements:
a. The provision of a reliable means of assuring the integrity of the information is maintained; and
b. The information is readily accessible so as to be usable for subsequent reference.
Contract and Commercial Law Act 2017, s 229(1).

29.3 Inspection
Whether held in hard copy or in electronic form, minutes must be available for inspection by the public.
LGOIMA, s51.

29.4 Inspection of public excluded matters
The chief executive must consider any request for the minutes of a meeting, or part of a meeting, from which the public was excluded as if it is a request for official information in terms of the Local Government Official Information and Meetings Act 1987.

30.1 Calling a workshop or briefing
Workshops, briefings and working parties may be called by:

• a resolution of the local authority or its committees
• a committee chair; or
• the chief executive.

The chief executive must give at least 24 hours’ notice of the time, place and matters to be discussed. Notice may be given by whatever means are reasonable in the circumstances. Any notice given must expressly:
a. state that the session is not a meeting but a workshop,
b. advise the date, time and place, and
c. confirm that the hui is primarily for the provision of information and discussion and will not make any decisions or pass any resolutions.

30.2 Having a workshop open to the public
Council workshops are open to the public; however, they may be closed to the public. When dealing with matters of a sensitive nature or issues that require negotiations, workshops will be held as public excluded with reasons listed as per section 7 of the Local Government & Official Information Act 1987. Refer to Appendix 1.

30.3 Publicising upcoming workshops on the Council website
The details of workshops must be publicised in advance on the Council’s website so that members of the public can attend. These details will include the time, date, venue, and subject matter of the workshop or briefing. Members of the public and media are welcome to attend a workshop to listen and observe, but do not have the right to speak during the discussion.

30.4 Making a record
Creating and maintaining full and accurate records is required by the Public Records Act 2005 (PRA) and is consistent with the guiding principles and purposes of the LGOIMA, which allows the public to request information held by local authorities. LGNZ’s standing orders guide suggests:

A written record of the workshop must be kept and include:

• time, date, location, and duration
• people present, and
• general subject matter covered
• information presented to elected members, if applicable
• other relevant details of the topic, matter or information discussed.

Whether Council workshops are open or closed, members of the public can request information about them under the LGOIMA.

30.5 Publishing the record
The Council will aim to publish records workshops on their website as soon as practicable after the event. Where appropriate presentations from a workshop will be uploaded to the website.

1. Commissions of Inquiry Act 1908
2. Crimes Act 1961
3. Contract and Law Act 2017
4. Financial Markets Conduct Act 2013
5. Local Authorities (Members’ Interests) Act 1968 (LAMIA)
6. Local Electoral Act 2001 (LEA)
7. Local Government Act 1974 and 2002 (LGA)
8. Local Government Official Information and Meetings Act 1987 (LGOIMA)
9. Public Records Act 2005
10. Resource Management Act 1991 (RMA)
11. Sale and Supply of Alcohol Act 2012
12. Secret Commissions Act 1910 13. Securities Act 1978
13. Securities Act 1978

Grounds to exclude the public
A local authority may, by resolution, exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

A1
That good reason exists for excluding the public from the whole or any part of the proceedings of any meeting as the public disclosure of information would be likely:
a. To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
b. To endanger the safety of any person.

A2
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 the withholding of the information is necessary to:
a. Protect the privacy of natural persons, including that of deceased natural persons; or
b. Protect information where the making available of the information would:
i. Disclose a trade secret; or
ii. Be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.
ba. 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 Māori, or to avoid the disclosure of the location of waahi tapu; or
c. 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 would:
i. 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
ii. Be likely otherwise to damage the public interest.
d. Avoid prejudice to measures protecting the health or safety of members of the public; or
e. Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
f. Maintain the effective conduct of public affairs through the protection of such members, officers, employees, and persons from improper pressure or harassment; or
g. Maintain legal professional privilege; or
h. Enable any council holding the information to carry out, without prejudice or disadvantage, commercial activities; or
i. Enable any council holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
j. Prevent the disclosure or use of official information for improper gain or improper advantage.
LGOIMA, s 7.
Under A2 (above) the public may be excluded unless, in the circumstances of a particular case, the exclusion of the public is outweighed by other considerations which render it desirable and in the public interest that the public is not excluded.

A3
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, the public disclosure of which would:
a. Be contrary to the provisions of a specified enactment; or
b. Constitute contempt of Court or of the House of Representatives.

A4
That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that Council by an Ombudsman under section 30(1) or section 38(3) of this Act (in the case of a Council named or specified in Schedule 1 to this Act).

A5
That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation in:
a. Any proceedings before a Council where:
i. A right of appeal lies to any Court or tribunal against the final decision of the Council in those proceedings;
ii. The Council is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and
iii. Proceedings of a local authority exist in relation to any application or objection under the Marine Farming Act 1971.
LGOIMA, s 48.

Sample resolution to exclude the public
In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act (or sections 6, 7 or 9 of the Official Information Act 1982, as the case may be), it is moved:

1. that the public is excluded from:

• The whole of the proceedings of this meeting; (deleted if not applicable)
• The following parts of the proceedings of this meeting, namely; (delete if not applicable)

The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds for excluding the public, as specified by s 48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:

2. That (name of person(s)) is permitted to remain at this meeting after the public has been excluded because of their knowledge of (specify topic under discussion). This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because (specify). (Delete if inapplicable.)

Powers of a Chairperson
This Appendix sets out specific powers given to the chairperson contained in various parts of these Standing Orders.

Items not on the agenda (SO 9.12)
Major items not on the agenda may be dealt with at that meeting if so resolved by the local authority and the chairperson explains at the meeting at a time when it is open to the public the reason why the item was not listed on the agenda and the reason why discussion of the item cannot be delayed until a subsequent meeting.

Minor matters not on the agenda relating to the general business of the local authority may be discussed if the chairperson explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at that meeting, but no resolution, decision or recommendation may be made in respect of that item except to refer it to a subsequent meeting.

Chairperson’s report (SO.9.6)
The chairperson, by report, has the right to direct the attention of the local authority to any matter or subject within the role or function of the local authority.

Chairperson’s recommendation (SO.9.5)
The chairperson of any meeting may include on the agenda for that meeting a chairperson’s recommendation regarding any item brought before the meeting. The purpose of such a recommendation is to focus debate on a suggested motion.

Chairperson’s report (SO.9.6)
The chairperson, by report, has the right to direct the attention of the community board to any matter or subject within the role or function of the community board.

Chairperson may call a meeting (SO 11.6)
Thechairperson:
a. May call a meeting to dispose of the business to be transacted following the lapsing of a meeting due to failure of a quorum, if such business cannot be delayed until the next scheduled meeting; and
b. May requisition an extra meeting to be held at a specified time and place, in order to conduct specified business.

Audio or audio visual attendance (SO.13.10)
Where the technology is available and a member is attending a meeting by audio or audio-visual link, the chairperson must ensure that:
a. The technology for the link is available and of suitable quality; and
b. Procedures for using the technology in the meeting will ensure that:
i. Everyone participating in the meeting can hear each other;
ii. The member’s attendance by audio or audio visual link does not reduce their accountability or accessibility in relation to the meeting;
iii. The requirements of Part 7 of LGOIMA are met; and
iv. The requirements in these Standing Orders are met.

Chairperson to decide all questions (SO. 14.4)
The Chairperson is to decide all questions where these Standing Orders make no provision or insufficient provision. The chairperson’s ruling is final and not open to debate.

Chairperson’s rulings (SO.14.4)
Any member who refuses to accept a ruling of the chairperson, may be required by the chairperson to withdraw from the meeting for a specified time.

Chairperson rising (SO.14.5)
Whenever the chairperson rises during a debate any member then speaking or offering to speak is to be seated and members are to be silent so that the chairperson may be heard without interruption.

Explanations (SO. 14.6)
The chairperson may permit members to make a personal explanation in addition to speaking to a motion, and members who have already spoken, to explain some material part of a previous speech in the same debate.

Members may leave places (SO 14.6)
The chairperson may permit members to leave their place while speaking.

Priority of speakers (SO.14.7)
The chairperson must determine the order in which members may speak when two or more members indicate their wish to speak.

Questions of speakers (SO.16.3)
The chairperson may permit members to ask questions of speakers under public forum or deputations/presentations by appointment, for the purpose of obtaining information or clarification on matters raised by the speaker.

Chairperson’s voting (SO19.3)
The chairperson at any meeting has a deliberative vote and, in the case of equality of votes, has a casting vote where Standing Orders make such provision.

Withdrawal of offensive or malicious expressions (SO.20.3)
The chairperson may call upon any member to withdraw any offensive or malicious expression and may require the member to apologise for the expression. Any member who refuses to withdraw the expression or apologise, if required by the chairperson, can be directed to withdraw from the meeting for a time specified by the chairperson.

Disorderly behaviour (SO.20.4)
The chairperson may:
a. Require any member or member of the public whose conduct is disorderly or who is creating a disturbance, to withdraw immediately from the meeting for a time specified by the chairperson.

b. Ask the meeting to hold in contempt, any member whose conduct is grossly disorderly and where the meeting resolves to find the member in contempt, that resolution must be recorded in the minutes.

Failure to leave meeting (SO.20.6)
If a member or member of the public who is required, in accordance with a chairperson’s ruling, to leave the meeting, refuses or fails to do so, or having left the meeting, attempts to re-enter without the permission of the chairperson, any member of the police or officer or employee of the local authority may, at the chairperson’s request, remove or exclude that person from the meeting.

Irrelevant matter and needless repetition (SO.21.8)
The chairperson’s ruling preventing members when speaking to any motion or amendment from introducing irrelevant matters or indulging in needless repetition is final and not open to challenge.

Taking down words (SO.21.11)
The chairperson may order words used and objected to by any member, to be recorded in the minutes, provided such objection is made at the time the words are used and not after any other members have spoken.

Motion in writing (SO.23.2)
The chairperson may require the mover of any motion or amendment to submit it in writing signed by the mover.

Motion in parts (SO.23.3)
The chairperson may require any motion expressed in parts to be decided part by part.

Action on previous resolutions (SO.24.4)
If, in the opinion of the chairperson the practical effect of a delay in taking action on a resolution which is subject to a notice of motion, would be equivalent to revocation of the resolution; or if repetitive notices of motion are considered by the chairperson to be an attempt by a minority to frustrate the will of the meeting, action may be taken as though no such notice of motion had been given.

Revocation or alteration of previous resolution (SO 24.6)
A chairperson may recommend in a report to the local authority the revocation or alteration of all or part of any resolution previously passed, and the local authority meeting may act on such a recommendation in accordance with the provisions in these Standing Orders.

Chairperson to decide points of order (SO. 26.5)
The chairperson is to decide any point of order and may do so immediately after it has been raised or may f irst hear further argument before deciding. The ruling of the chairperson upon any point of order is not open to any discussion and is final. No point of order may be raised during a division except by permission of the chairperson.

Notice of motion (SO.27.2)
The chairperson may direct the chief executive to refuse to accept any notice of motion which:
a. Is disrespectful or which contains offensive language or statements made with malice; or
b. Is not within the scope of the role or functions of the local authority; or
c. Contains an ambiguity or statement of fact or opinion which cannot properly form part of an effective resolution, and the mover has declined to comply with such requirements as the chief executive may have made; or
d. Is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned. Reasons for refusing a notice of motion should be provided to the proposer. Where a notice of motion has been considered and agreed by the local authority, no notice of any other motion which is, in the opinion of the chairperson, to the same effect may be put again whilst such original motion stands.

Repeat notice of motion (SO.27.7)
If in the opinion of the chairperson, a notice of motion is substantially the same in purport and effect to any previous notice of motion which has been considered and rejected by the local authority, no such notice of motion may be accepted within six months of consideration of the first notice of motion unless signed by not less than one third of the members of the local authority, including vacancies.

Minutes (SO.28.1)
The chairperson is to sign the minutes and proceedings of every meeting once confirmed. The chairperson and chief executive are responsible for confirming the correctness of the minutes of the last meeting of a local authority prior to the next election of members.