I hereby give notice that an extraordinary meeting of the Hibiscus and Bays Local Board will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 2 November 2016

4:30pm

Estuary Arts Centre
214B Hibiscus Coast Highway
Orewa

 

Hibiscus and Bays Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Members

Chris Bettany

 

 

David Cooper

 

 

Janet Fitzgerald, JP

 

 

Gary Holmes

 

 

Julia Parfitt, JP

 

 

Caitlin Watson

 

 

Vicki Watson

 

 

Mike Williamson

 

 

(Quorum 4 members)

 

 

 

Vivienne Sullivan

Local Board Democracy Advisor

 

17 October 2016

 

Contact Telephone: (09) 427 3317

Email: vivienne.sullivan@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Hibiscus and Bays Local Board

02 November 2016

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Mihi Whakatau (Welcome)                                                                                            5

2          Welcome Address                                                                                                          5

3          Apologies 5

4          Declarations by Local Board Members                                                                       7

5          Election of Chairperson                                                                                                9

6          Declaration by Chairperson                                                                                       11

7          Address by Chairperson                                                                                             13

8          Election of Deputy Chairperson                                                                                15

9          Mayor's Address

If the Mayor is in attendance he will be given the opportunity to address the meeting.

 

10        Explanation of laws affecting elected members                                                      17

11        First Business Meeting of the Hibiscus and Bays Local Board                            25  

 

 

 


The meeting will be chaired by Lesley Jenkins, Relationship Manager, Hibiscus andBays and Rodney Local Boards, on behalf of the Chief Executive, for items 1, 2, 3, 4, 5, 6 and 7.  From item 8 onwards the newly elected Chairperson will chair the meeting.  Jim Quinn, Chief of Strategy, will administer the members’ declarations. 

 

 

1          Mihi Whakatau (Welcome)

 

 

2          Welcome Address

 

            Jim Quinn, Chief of Strategy, on behalf of the Chief Executive, will address the meeting.

 

 

3          Apologies

 

At the close of the agenda no apologies had been received.

 

 

           


Hibiscus and Bays Local Board

02 November 2016

 

 

Declarations by Local Board Members

 

File No.: CP2016/20395

 

  

 

Purpose

1.       Each Local Board Member will make an oral declaration and sign a written declaration, which will be attested by the Chief of Strategy.

2.       The Chief of Strategy, by way of Memorandum from the Chief Executive, is authorised to administer the members’ declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14).

 

 

 

 

Attachments

There are no attachments for this report.      

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

02 November 2016

 

 

Election of Chairperson

 

File No.: CP2016/20397

 

  

 

Purpose

1.       In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Relationship Manager, on behalf of the Chief Executive, will call for nominations for the Chairperson of the Hibiscus and Bays Local Board.

Executive summary

2.       The Local Board must elect a member to this position in accordance with Schedule 7, clause 25 of the Act, noting that no member has a casting vote.

3.       The Local Board will need to determine (by resolution) what method they will apply to elect the chairperson – System A or System B.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 states that:

25           Voting systems for certain appointments

(1)             This clause applies to -

(a)     the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b)   the election or appointment of the deputy mayor; and

(c)     the election or appointment of the chairperson and deputy chairperson of a committee; and

(d)   the election or appointment of a representative of a local authority.

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a)   the voting system in subclause (3) (system A):

(b)   the voting system in subclause (4) (system B).

(3) System A -

(a)     requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)   has the following characteristics:

(i)       there is a first round of voting for all candidates; and

(ii)      if no candidate is successful in that round there is a   second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)   System B -

(a)     requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)     has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)      if 2 or more candidates tie for the most votes, the tie is resolved by lot.

 

 

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      elect a chairperson for the 2016-2019 political term, utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002.

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

02 November 2016

 

 

Declaration by Chairperson

 

File No.: CP2016/20398

 

  

 

Purpose

1.       The Chairperson will make an oral declaration and sign a written declaration, which will be attested by the Chief of Strategy.

2.       The Chief of Strategy, by way of Memorandum from the Chief Executive, is authorised to administer the Chairperson’s declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14).

3.       The Chairperson will assume the chair for the remainder of the meeting.

 

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

02 November 2016

 

 

Address by Chairperson

 

File No.: CP2016/20399

 

  

 

Purpose

1.       The newly elected Chairperson will address the Board.

 

 

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

02 November 2016

 

 

Election of Deputy Chairperson

 

File No.: CP2016/20401

 

  

 

Purpose

1.       In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Chairperson will call for nominations for the Deputy Chairperson of the Hibiscus and Bays Local Board.

Executive summary

2.       The Local Board must elect a member to the Deputy Chairperson position in accordance with Schedule 7, clause 25 of the Act.

3.       The Local Board will also need to determine (by resolution) what method they will apply to elect the Deputy Chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 states that:

25           Voting systems for certain appointments

(1)             This clause applies to -

(a)     the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b)   the election or appointment of the deputy mayor; and

(c)     the election or appointment of the chairperson and deputy chairperson of a committee; and

(d)   the election or appointment of a representative of a local authority.

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a)   the voting system in subclause (3) (system A):

(b)   the voting system in subclause (4) (system B).

(3) System A -

(a)     requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)   has the following characteristics:

(i)       there is a first round of voting for all candidates; and

(ii)      if no candidate is successful in that round there is a   second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)   System B -

(a)     requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)     has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)      if 2 or more candidates tie for the most votes, the tie is resolved by lot.

 

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      elect a Deputy Chairperson for the 2016-2019 political term, utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002.

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

02 November 2016

 

 

Explanation of laws affecting elected members

 

File No.: CP2016/21711

 

  

 

Purpose

1.       At the first meeting after the three-yearly local election, elected members are required to receive a general explanation of the laws that affect them as elected members.[1] This report provides that explanation.

Executive summary

2.       There are a number of core legal requirements that elected members should be aware of when making decisions.  These are the:

 

-     Local Government Act 2002

-     Local Government (Auckland Council) Act 2009

-     Local Government Official Information and Meetings Act 1987

-     Local Authorities (Members’ Interests) Act 1968

-     Health and Safety at Work Act 2015

-     Crimes Act 1961

-     Secret Commissions Act 1910

-     Financial Markets Conduct Act 2013

-     Council decision-making requirements

-     Personal liability of elected members

-     Public law decision-making principles.

3.       This report and attachment provides an explanation of these core legal requirements. 

 

4.       In addition to these core legal requirements, there are many other statutes relevant to certain council decisions (for example the Reserves Act 1977). 

 

5.       Elected members will receive advice from staff on a case-by-case basis to ensure that they understand their legal obligations when making decisions.

 

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      note the general explanation of the laws affecting elected members.

 

 

 

Attachments

No.

Title

Page

a

Laws Affecting Elected Members - Core Legal Requirements

19

     

Signatories

Authors

Dani Gardiner – Manager Public Law

Authorisers

Katherine Anderson – Director Legal and Risk

Karen Lyons - General Manager Local Board Services

 


Hibiscus and Bays Local Board

02 November 2016

 

 

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Hibiscus and Bays Local Board

02 November 2016

 

 

First Business Meeting of the Hibiscus and Bays Local Board

 

File No.: CP2016/20404

 

  

 

Purpose

1.       Pursuant to the requirements of clause 21(5)(d) of Schedule 7 of the Local Government Act 2002, a date has to be set for the first business meeting of the Hibiscus and Bays Local Board.

 

 

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      confirm the date for its first business meeting.

 

 

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Vivienne Sullivan - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Lesley Jenkins - Relationship Manager

     

    



[1] Clause 21(5)(c) Schedule 7 Local Government Act 2002.