Notice of the Ordinary meeting of
Nelson City Council
Te Kaunihera o Whakatū
Date: Friday 28 October 2022 Time: 12.00 noon Location: Trafalgar
Centre Northern Extension |
Agenda
Rārangi take
Chairperson His Worship the Mayor Nick Smith
Members Cr Matty Anderson
Cr Matthew Benge
Cr Trudie Brand
Cr Mel Courtney
Cr James Hodgson
Cr Rohan O'Neill-Stevens
Cr Kahu Paki Paki
Cr Pete Rainey
Cr Campbell Rollo
Cr Rachel Sanson
Cr Tim Skinner
Cr Aaron Stallard
Quorum 7 Pat Dougherty
Chief Executive
Nelson City Council Disclaimer
Please note that the contents of these Council and Committee agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision. For enquiries call (03) 5460436.
Nelson City Council
28 October 2022
Inaugural Business:
1. Statutory Declarations 5 - 6
Document number R27310
2. Members' Introductory Speeches
3. Mayor's Speech
Ordinary Business:
4. Apologies
An apology has been received from Councillor R Sanson
5. Legislation Affecting Elected Members - General Explanation 7 - 12
Document number R27117
Recommendation
1. Receives the report Legislation Affecting Elected Members - General Explanation (R27117); and 2. Particularly notes the provisions and requirements outlined by the: a. Local Government Official Information and Meetings Act 1987 b. Local Authorities (Members’ Interests) Act 1968 c. Crimes Act 1961 sections 99, 105 and 105a d. Secret Commissions Act 1910 e. Financial Markets Conduct Act 2013 as required under Schedule 7 clause 21 Local Government Act 2002 3. Further note the provisions and requirements of the a. Health and Safety at Work Act 2015 b. Privacy Act 2020 c. Local Government (Pecuniary Interests Register) Amendment Act 2022
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6. Fixing of the Date and Time of the First Ordinary Meetings of Council 13 - 15
Document number R27118
Recommendation
That the Council 1. Receives the report Fixing of the Date and Time of the First Ordinary Meetings of Council (R27118); and 2. Authorise the Chief Executive to call the first Ordinary meeting of Council for 9.00am, 10 November 2022 and the second Ordinary meeting for 9.00am, 8 December 2022
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Inaugural meeting concludes - Waiata
Item 6: Statutory Declarations
Council 28 October 2022 |
REPORT R27310
Statutory Declarations
1. Purpose of Report
1.1 The hearing and attesting of the written versions of Statutory Declarations by the Mayor and Councillors, pursuant to Clause 14 of Schedule 7 of the Local Government Act 2002, is required before elected members may act as members of the Nelson City Council.
1.2 The Mayor and Councillors are required to read aloud and sign the Declaration. A copy of the Declaration is attached.
Author: Robyn Byrne, Team Leader Governance
Attachments
Attachment 1: 1982984479-5116 Elected Member Declarations 2022 - Example ⇩
Item 9: Legislation Affecting Elected Members - General Explanation
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Council 28 October 2022 |
REPORT R27117
Legislation Affecting Elected Members - General Explanation
1. Purpose of Report
1.1 To provide elected members with a general explanation of laws affecting members as per Schedule 7 clause 21 of the Local Government Act 2002.
1. Receives the report Legislation Affecting Elected Members - General Explanation (R27117); and 2. Particularly notes the provisions and requirements outlined by the: a. Local Government Official Information and Meetings Act 1987 b. Local Authorities (Members’ Interests) Act 1968 c. Crimes Act 1961 sections 99, 105 and 105a d. Secret Commissions Act 1910 e. Financial Markets Conduct Act 2013 as required under Schedule 7 clause 21 Local Government Act 2002 3. Further note the provisions and requirements of the a. Health and Safety at Work Act 2015 b. Privacy Act 2020 c. Local Government (Pecuniary Interests Register) Amendment Act 2022
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3. Background
3.1 The Local Government Act 2002 requires that a general explanation be provided to all elected members of the provisions of the following legislation:
· Local Government Official Information and Meetings Act 1987
· Local Authorities (Members’ Interests) Act 1968
· Crimes Act 1961 sections 99, 105 and 105a
· Secret Commissions Act 1910
· Financial Markets Conduct Act 2013
3.2 This report also provides a brief overview on several other newer pieces of legislation.
3.3 The Local Government (Pecuniary Interests Register) Amendment Act 2022 adds new requirements for the reporting of interests to those already outlined in the Local Authorities (Members’ Interests) Act 1968.
3.4 The Privacy Act 2020 outlines the requirements on an Agency (and all its members, staff and officers) with regard to the collation, storage, management and any release of personal information.
3.5 The Health and Safety at Work Act 2015 made substantial changes to New Zealand’s health and safety management, and places particular obligations on “Officers”, defined under the Act as any person occupying a position in relation to the business or undertaking that allows that person to exercise significant influence over the business or undertaking.
3.6 A summary of each of these Acts is outlined below.
3.7 As well as the legislation above, Nelson City Council activities are governed by many further statutory requirements and elected members are encouraged to familiarise themselves with these.
4. Local Government Official Information and Meetings Act 1987
4.2 There are provisions within the Act to protect official information and business deliberations in some instances where making them public at that time would negatively affect the public interest or personal privacy.
4.3 The Office of the Ombudsman acts as the advisory and adjudicating body in relation to queries or complaints under this Act.
Official Information
4.4 All information held by Council, including that produced or held by elected members within the requirements of their role, falls within the scope of this Act and may be requested.
4.5 Any requests for information received by elected members should be provided to lgoima@ncc.govt.nz as soon as possible for appropriate action under the Act, which specifies clear time frames that must be met for actions taken in relation to requests.
Meeting Procedures
4.6 The Act outlines several requirements for formal meetings of the Council (that is, a meeting where decisions, recommendations and or resolutions are made) including public notification, access to agendas and minutes, and attendance by the public. It makes provision for the maintenance of orderly conduct of the meeting as required.
4.7 It notes the instances where local authorities may exclude the public from a meeting or section of a meeting and how this must be handled.
5. Local Authorities (Members’ Interests) Act 1968
5.1 This Act outlines that an elected member and their spouse/ partner cannot hold or have an interest in contracts with Council with a value of $25,000 or more per year, with some caveats.
5.2 An elected member may not discuss or vote on any matter in which they or their spouse/ partner have a financial interest, with some caveats.
5.3 Penalties include fines and or automatic disqualification from office.
6. Crimes Act 1961 sections 99, 105 and 105a
6.1 This Act outlines penalties for officials (including any member of any local authority) who accept bribes or agree to accept bribes for actions taken or not taken in the course of their official duties. The bribe may be for themselves or another person. A bribe is defined as money, valuable consideration, office, or employment, or any benefit, whether direct or indirect.
6.2 There are also penalties for officials who corruptly use or disclose information obtained in an official capacity for financial gain for themselves or any other person.
6.3 Penalties include imprisonment up to seven years.
7. Secret Commissions Act 1910
7.1 This Act states that an Agent (a term which includes elected members of a local authority) must not give or receive gifts or inducements to do or not do things in relation to the business of the Principal (being Council).
7.2 Agents must not divert, obstruct or interfere with the proper business of the Principal, and must not fail to use due diligence in conducting this proper business with the intent to gain any gift or consideration for themselves or any other person.
7.3 Agents must make known any financial interest they hold in any contracts undertaken by the Principal; this includes interests held by a spouse or partner, parent, child or business partner of the Agent.
7.4 It is an offence to produce false or incomplete receipts, invoices or other accounting documents with an intent to deceive the Principal of any payments that may have been made to the Agent.
7.5 It is an offence for Agents to receive any secret reward for facilitating particular contract procurement outcomes.
7.6 There are also penalties for aiding and abetting any of the offences under this Act. Penalties under this Act include imprisonment up to 7 years.
8. Financial Markets Conduct Act 2013
8.1 This Act essentially places elected members in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities).
8.2 Elected members may be personally liable if:
8.2.1 Documents that are registered under the Act such as a Product Disclosure Statement contain false or misleading statements
8.2.2 Any requirements under the Act are not met in relation to offers of financial products
9. Health and Safety at Work Act 2015
9.1 This Act requires the “person conducting a business or undertaking” (PCBU) (i.e. Council) to ensure, as far as is reasonably practicable, the safety of workers and others who may be impacted by the work the business undertakes, and allocate duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace.
9.2 An important duty under this Act is the duty of “Officers”, defined in regard to councils (body corporate) as any person occupying a position in the body that is comparable with that of a director of a company, and includes any person occupying a position in relation to the business or undertaking that allows that person to exercise significant influence over the management of the business or undertaking.
9.3 Officers have obligations of due diligence, which are:
9.3.1 to acquire, and keep up-to-date, knowledge of work health and safety matters
9.3.2 to gain an understanding of the nature of the operations of the business or undertaking of the PCBU, and generally of the hazards and risks associated with those operations
9.3.3 to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking
9.3.4 to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information
9.3.5 to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act
9.3.6 to verify the provision and use of the resources and processes referred to above.
9.4 The duties of the Officers and of the PCBU are independent of each other. This means if a PCBU has failed to meet its duty but the Officers exercised due diligence then they would not be personally liable for the health and safety failings.
9.5 Elected members are defined as Officers under the Act. However elected members are exempt from being prosecuted for a failure.
10. Privacy Act 2020
10.1 The Privacy Act 2020 outlines Principles that must be followed by any Agency (and by association any representative of that Agency) in relation to personal information.
10.2 These Principles guide the purpose, source and manner of collecting personal information, the storage and protection of personal information including length of storage, the expectations in relation to accuracy of and corrections to information held, and the limits on use and any disclosure of personal information.
10.3 The Act also provides for complaints to be made to the Privacy Commissioner and outlines how these will be addressed, should someone feel these Principles have been breached.
10.4 As representatives of Council as an Agency, members must abide by the expectations of the Act in relation to any personal information they are privy to.
10.5 Council has appointed a Privacy Officer as required under section 23 of the Act; this is the Group Manager Strategy and Communications.
11. Local Government (Pecuniary Interests Register) Amendment Act 2022
11.1 The obligations under this recently enacted legislation will apply from November 2022.
11.2 Members must declare a variety of types of interests under this Act, including funding sources for international travel and gifts received.
11.3 The obligations of this Act are extra to and do not replace those under the Local Authorities (Members’ Interests) Act 1968.
11.4 A register of interests must be held, and a summary of the register (to balance transparency and privacy) made publicly available.
11.5 Council has appointed a Registrar as required under the Act; this is the Manager Governance and Support Services.
12. Conclusion
12.1 The role of elected member is directly impacted by many pieces of legislation.
12.2 If Elected Members have any questions or concerns in relation to legislation impacting on the activities of Council and their role during their term of office these should be discussed with the Chief Executive as soon as they arise.
Author: Pat Dougherty, Chief Executive
Attachments
Item 10: Fixing of the Date and Time of the First Ordinary Meetings of Council
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Council 28 October 2022 |
REPORT R27118
Fixing of the Date and Time of the First Ordinary Meetings of Council
1. Purpose of Report
1.1 To fix the date and time of the first Ordinary (business) meetings of Council as required under Schedule 7 clause 21(d) of the Local Government Act 2002.
1. Receives the report Fixing of the Date and Time of the First Ordinary Meetings of Council (R27118); and 2. Authorise the Chief Executive to call the first Ordinary meeting of Council for 9.00am, 10 November 2022 and the second Ordinary meeting for 9.00am, 8 December 2022
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3. Background
3.1 The Local Government Act 2002 requires a Council to fix the time and date of its first Ordinary (business) meeting at its Triennial Meeting.
3.2 The Act also outlines the required length of time for public notification of the first business meeting; in order to meet these requirements and allow for the appropriate preparation of reports it is proposed that the first meeting be held at 9.00am, 10 November 2022.
3.3 A second meeting is recommended for 8 December 2022.
3.4 Nelson City Council formal meetings are currently hosted at the Council Chamber, Civic House, 101 Trafalgar Street, Nelson.
4. Options
Option 1: That the first meeting be held at 9am, 10 November 2022. |
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Advantages |
· The requirements of the Local Government Act 2002 for public notification of the first business meeting have been incorporated into the proposed date · Allowance for the appropriate preparation of reports has been incorporated into the proposed date · The date has been prepared for within the full induction programme of the new Council. |
Risks and Disadvantages |
· None |
Option 2: That the first meeting be held at another date agreed by Council at the inaugural meeting. |
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Advantages |
· None |
Risks and Disadvantages |
· Delays to the conduct of business while proposed dates are checked against other scheduling and requirements. |
5. Next Steps
5.1 Arrangements and legislated advertising of the first ordinary meeting will be completed.
Author: Devorah Nicuarta-Smith, Manager Governance and Support Services
Attachments
Important considerations for decision making |
1. Fit with Purpose of Local Government This item is required under schedule 7 of the Local Government Act 2002. |
2. Consistency with Community Outcomes and Council Policy Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement. |
3. Risk A date for the first business meeting is one of the few matters that is required to be considered by Council at its inaugural meeting. Setting a date ensures that these requirements are met in which case there is no risk under the Act. |
4. Financial impact There is no financial impact from the matters in this report. |
5. Degree of significance and level of engagement This matter is of low significance as it is a procedural matter required under the Local Government Act 2002. |
6. Climate Impact There is no direct climate impact from the matters in this report. |
7. Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
8. Delegations Council must adopt a voting system for the appointment of roles and responsibilities under the Local Government Act 2002. |