Date: Time: Meeting Room: Venue:
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Tuesday 18 November 2014 3.30pm Papakura
Local Board Chambers |
Pukekiwiriki Paa Joint Management Committee
OPEN ATTACHMENTS Attachments Under Separate Cover
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ITEM TABLE OF CONTENTS PAGE
12 Adoption of Pukekiwiriki Paa Joint Management Committee Standing Orders
A. Pukekiwiriki Paa Joint Management Committee - Standing Orders Attachment 3
Pukekiwiriki Paa Joint Management Committee 18 November 2014 |
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Standing Orders
of the
Pukekiwiriki PaaJoint Committee
October 2014
Pukekiwiriki Paa Joint Management Committee 18 November 2014 |
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1. GENERAL....................................................................................................................... 1
1.1. SCOPE AND GENERAL 1
1.2. INTERPRETATION 1
1.3. DEFINITIONS 1
1.4. APPLICATION OF STANDING ORDERS 2
2. CONSTITUTIONAL AND LEGISLATIVE MATTERS............................................. 3
2.1. INTRODUCTION 3
· 2.1.1Alteration of standing orders........................................................................................................... 3
· 2.1.2Temporary suspension of standing orders...................................................................................... 4
· 2.1.3All members to abide by standing orders........................................................................................ 4
2.2. FIRST MEETING OF THE Pukekiwiriki Paa Reserve Joint Committee 4
· 2.2.1Meeting called by the Executive Officer........................................................................................... 4
· 2.2.2 “The first meeting of the Pukekiwiriki Paa Reserve Joint Committee shall be called by the Executive Officer. 4
· 2.2.3Business to be conducted............................................................................................................... 4
· 2.2.4Members to give notice of addresses.............................................................................................. 4
2.3. CHAIRPERSON OF MEETINGS 5
· 2.3.1Appointment of Chairperson........................................................................................................... 5
· 2.3.2Chairperson of committee to preside.............................................................................................. 5
2.4. QUORUM AT MEETINGS 5
· 2.4.1Requirement for a quorum............................................................................................................. 5
· 2.4.2Quorum to be present throughout meeting..................................................................................... 5
· 2.4.3Definition of quorum for Pukekiwiriki Paa Reserve Joint Committee meetings................................ 5
2.5. VOTING AT MEETINGS 5
· 2.5.1Acts and decisions of the Pukekiwiriki Paa Reserve at meetings..................................................... 5
2.6. APPOINTMENTS AND VOTING SYSTEM 6
· 2.6.1 Provisions for election or appointment of chairpersons and deputy chairpersons of the Pukekiwiriki Paa Reserve Joint Committeeand........................................................................................................................................ 6
2.7. PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES 7
· 2.7.1Proceedings not invalidated by vacancies or irregularities............................................................... 7
2.8. GENERAL PROVISIONS AS TO MEETINGS 7
· 2.8.1Calling, public notification and conduct of meetings......................................................................... 7
· 2.8.2Agenda or order paper to be sent to members.............................................................................. 7
· 2.8.3Delivery of material to members..................................................................................................... 7
· 2.8.4Meetings not invalid because notice not received............................................................................ 7
· 2.8.5Minutes of proceedings................................................................................................................... 8
2.9. NOTIFICATION OF MEETINGS TO MEMBERS 8
· 2.9.1Period for notice in writing............................................................................................................... 8
· 2.9.2Schedule of meetings...................................................................................................................... 8
· 2.9.3Cancellation of scheduled meetings................................................................................................ 8
2.10. EXTRAORDINARY MEETiNGS 8
· 2.10.1Extraordinary meetings may be called.......................................................................................... 8
· 2.10.2Notification of extraordinary meetings to members....................................................................... 9
· 2.10.3Calling of extraordinary meetings at earlier time........................................................................... 9
· 2.10.4Notification of extraordinary meetings held at earlier time............................................................. 9
· 2.10.5Public notice of resolutions of extraordinary meetings................................................................... 9
2.11. WORKSHOPS 9
· 2.11.1Authority to call a workshop.......................................................................................................... 9
· 2.11.2Notice of workshop to members................................................................................................. 10
· 2.11.3Chairing of workshops................................................................................................................ 10
· 2.11.4Record of workshop meetings.................................................................................................... 10
· 2.11.5Workshops exempt from provisions of Part VII (Local Government Meetings) of the Local Government Official Information and Meetings Act 1987................................................................................................................................ 10
2.12. PUBLIC AT MEETINGS, ACCESS TO AGENDAS ETC 10
· 2.12.1Meetings normally to be open to the public................................................................................. 10
· 2.12.2Information to be available to public............................................................................................ 11
· 2.12.3Public notification about meetings............................................................................................... 11
· 2.12.4Public notification about extraordinary meetings......................................................................... 11
· 2.12.5Public notification additional requirements................................................................................... 11
· 2.12.6Meetings not invalid because not publicly notified........................................................................ 11
· 2.12.7Public notice of meetings not notified.......................................................................................... 11
· 2.12.8Public notice of resolutions of extraordinary meetings................................................................. 11
· 2.12.9Availability of agendas and reports.............................................................................................. 12
· 2.12.10Exclusion from reports to be discussed with public excluded..................................................... 12
· 2.12.11Agenda to be made available to public who are at meetings.................................................... 12
· 2.12.12List of committee members publicly available............................................................................ 12
· 2.12.13Public entitled to inspect minutes............................................................................................... 12
· 2.12.14Requests for minutes of meetings in public excluded session................................................... 12
2.13. REASONS TO EXCLUDE PUBLIC 13
· 2.13.1Lawful reasons to exclude public................................................................................................. 13
· 2.13.2Form of resolutions to exclude public.......................................................................................... 13
· 2.13.3Motion to exclude public to be put with the public present........................................................... 13
· 2.13.4Provision for persons to remain after public excluded................................................................. 13
· 2.13.5Release of public excluded information....................................................................................... 13
2.14. APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION 13
· 2.14.1Standing orders to apply............................................................................................................. 13
2.15. USE OF PUBLIC EXCLUDED INFORMATION 14
· 2.15.1Public excluded business not to be disclosed.............................................................................. 14
3. MEETING PROCEDURES........................................................................................ 15
3.1. APPLICATION OF STANDING ORDERS 15
· 3.1.1All members to abide by standing orders...................................................................................... 15
· 3.1.2Additional to or substitution of standing orders.............................................................................. 15
· 3.1.3Exclusions for meetings at which no resolutions or decisions are made........................................ 15
·
3.2. SUSPENSION OF STANDING ORDERS 15
· 3.2.1Temporary suspension................................................................................................................. 15
3.3. CONDUCT OF MEETINGS 16
· 3.3.1Mode of address for chairperson.................................................................................................. 16
· 3.3.2Chairperson to decide................................................................................................................... 16
· 3.3.3Chairperson rising......................................................................................................................... 16
· 3.3.4Members to speak in places and address the chairperson........................................................... 16
· 3.3.5Priority of speakers....................................................................................................................... 16
· 3.3.6Speeches in English or Mãori........................................................................................................ 16
· 3.3.7Duration of meetings and time limits............................................................................................. 16
· 3.3.8Reporting of meetings................................................................................................................... 17
· 3.3.9Disorderly members to withdraw.................................................................................................. 17
· 3.3.10Members not to be disrespectful................................................................................................. 17
· 3.3.11Retraction of, or apology for, offensive or malicious language.................................................... 17
· 3.3.12Withdrawal from meeting............................................................................................................ 17
· 3.3.13Disorder in meeting..................................................................................................................... 17
· 3.3.14Adjournment of meeting following disorder................................................................................. 17
· 3.3.15Contempt to be recorded in minutes........................................................................................... 17
· 3.3.16Removal from meeting................................................................................................................ 18
3.4. QUORUM AT MEETINGS 18
3.5. FAILURE OF A QUORUM 18
· 3.5.1Meeting lapses if no quorum......................................................................................................... 18
· 3.5.2Lapsed business........................................................................................................................... 18
· 3.5.3Minutes to record failure of quorum.............................................................................................. 18
· 3.5.4Failure after meeting commences................................................................................................. 19
3.6. LEAVE OF ABSENCE AND APOLOGIES 19
· 3.6.1Granting leave of absence............................................................................................................ 19
· 3.6.2Apologies at meetings................................................................................................................... 19
· 3.6.3Recording of apologies................................................................................................................. 19
· 3.6.4Absence without leave.................................................................................................................. 19
3.7. ORDER OF BUSINESS 19
· 3.7.1Adoption of order of business....................................................................................................... 19
· 3.7.2Status of agenda........................................................................................................................... 20
· 3.7.3Public excluded items.................................................................................................................... 20
· 3.7.4Chairperson’s report..................................................................................................................... 20
· 3.7.5Major items not on the agenda may be dealt with (Extraordinary business)................................. 20
· 3.7.6Minor items not on the agenda may be discussed (Extraordinary business)................................. 21
3.8. PRECEDENCE OF BUSINESS 21
3.9. RULES OF DEBATE 21
· 3.9.1Reserving speech......................................................................................................................... 21
· 3.9.2Irrelevant matter and needless repetition...................................................................................... 21
· 3.9.3Limitation on speakers.................................................................................................................. 21
· 3.9.4Taking down words....................................................................................................................... 21
· 3.9.5Reading of speeches.................................................................................................................... 22
· 3.9.6Time limits on speakers................................................................................................................. 22
· 3.9.7Member speaking more than once............................................................................................... 22
· 3.9.8Restating of motion....................................................................................................................... 22
· 3.9.9Right of reply................................................................................................................................. 22
· 3.9.10When right of reply may be exercised......................................................................................... 22
· 3.9.11Speaking only to relevant matters............................................................................................... 23
· 3.9.12Personal explanation................................................................................................................... 23
· 3.9.13Explanation of previous speech................................................................................................... 23
·
3.10. MOTIONS AND AMENDMENTS 23
· 3.10.1Requirement for a seconder....................................................................................................... 23
· 3.10.2Withdrawal of motions and amendments.................................................................................... 23
· 3.10.3Substituted motion by amendment.............................................................................................. 23
· 3.10.4Motions in writing........................................................................................................................ 23
· 3.10.5Motions expressed in parts......................................................................................................... 23
· 3.10.6Amendment once moved............................................................................................................ 23
· 3.10.7Amendments and motions not seconded.................................................................................... 24
· 3.10.8Further amendments.................................................................................................................. 24
· 3.10.9Where amendment lost............................................................................................................... 24
· 3.10.10Where amendment carried....................................................................................................... 24
· 3.10.11Amendments relevant............................................................................................................... 24
· 3.10.12Direct negatives not allowed..................................................................................................... 24
· 3.10.13Procedure until resolution......................................................................................................... 24
· 3.10.14Revocation or alteration of resolutions...................................................................................... 24
· 3.10.15Restriction on action to be taken on previous resolution........................................................... 25
· 3.10.16Revocation or alteration of resolution at same meeting............................................................ 25
· 3.10.17Pukekiwiriki Paa Reserve Joint Committee may revoke or alter any previous resolution.......... 25
· 3.10.18Restating the motion................................................................................................................. 25
· 3.10.19No speakers after reply or motion has been put....................................................................... 25
· 3.10.20Reflections on resolutions......................................................................................................... 25
3.11. NOTICES OF MOTION 26
· 3.11.1Notices of motion to be in writing................................................................................................ 26
· 3.11.2Refusal of notice of motion.......................................................................................................... 26
· 3.11.3Mover of notice of motion............................................................................................................ 26
· 3.11.4Alteration of notice of motion....................................................................................................... 26
· 3.11.5When notices of motion lapse..................................................................................................... 26
3.12. REPEAT NOTICES OF MOTION 26
· 3.12.1First repeat where notice of motion rejected............................................................................... 26
· 3.12.2Second repeat where notice of motion rejected.......................................................................... 27
· 3.12.3No repeats where notice of motion agreed or adopted.............................................................. 27
3.13. PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE 27
· 3.13.1Members may move procedural motions to terminate or adjourn debate................................... 27
· 3.13.2Chairperson may accept closure motions................................................................................... 27
· 3.13.3Procedural motions to terminate or adjourn debate to take precedence.................................... 27
· 3.13.4Voting on procedural motions to terminate or adjourn debate.................................................... 27
· 3.13.5Closure motion to be put if no further speaker............................................................................ 27
· 3.13.6Closure motion on amendment................................................................................................... 28
· 3.13.7Right of reply following closure.................................................................................................... 28
· 3.13.8Debate on items previously adjourned........................................................................................ 28
· 3.13.9Adjourned items taken first.......................................................................................................... 28
· 3.13.10Other business not superseded................................................................................................ 28
· 3.13.11Referral or referred back to committee..................................................................................... 28
3.14. POINTS OF ORDER 28
· 3.14.1Members rising to points of order............................................................................................... 28
· 3.14.2Stating subject matter of point of order....................................................................................... 28
· 3.14.3Points of order during division..................................................................................................... 28
· 3.14.4Types of points of order.............................................................................................................. 28
· 3.14.5Contradiction not point of order.................................................................................................. 29
· 3.14.6Decision of chairperson final....................................................................................................... 29
3.15. VOTING 29
· 3.15.1Decisions to be decided by majority votes................................................................................... 29
· 3.15.2Chairpersons voting.................................................................................................................... 29
· 3.15.3Open voting................................................................................................................................. 30
· 3.15.4Members may abstain................................................................................................................. 30
· 3.15.5Members may have their votes recorded.................................................................................... 30
· 3.15.6Method of voting......................................................................................................................... 30
· 3.15.7Division........................................................................................................................................ 30
· 3.15.8Second division........................................................................................................................... 30
· 3.15.9Pecuniary interest....................................................................................................................... 30
· 3.15.10Declaration of pecuniary interest............................................................................................... 31
· 3.15.11Pecuniary interest a reason for leaving room............................................................................ 31
· 3.15.12Conflict of interest..................................................................................................................... 31
3.16. QUALIFIED PRIVILEGE 32
· 3.16.1Qualified privilege relating to agenda and minutes...................................................................... 32
· 3.16.2Qualified privilege relating to oral statements.............................................................................. 32
· 3.16.3Qualified privilege additional to any other provisions................................................................... 32
3.17. MAINTENANCE Of PUBLIC ORDER AT MEETINGS 32
· 3.17.1Chairperson may require members of the public to leave meeting............................................. 32
· 3.17.2Removal of members of public.................................................................................................... 32
3.18. MINUTES OF PROCEEDINGS 33
· 3.18.1Minutes to be evidence of proceedings....................................................................................... 33
· 3.18.2Keeping of minutes..................................................................................................................... 33
· 3.18.3No discussion on minutes............................................................................................................ 33
3.19. MINUTE BOOKS 33
· 3.19.1Inspection of minute books.......................................................................................................... 33
· 3.19.2Minutes of last meeting before election....................................................................................... 33
3.20. DEPUTATIONS AND PRESENTATIONS 33
· 3.20.1Deputations where heard........................................................................................................... 33
· 3.20.2Urgency or major public interest................................................................................................. 34
· 3.20.3Deputations and presentations in English or Maori..................................................................... 34
· 3.20.4Procedures for deputations......................................................................................................... 34
· 3.20.5Termination of presentation if disrespectful................................................................................. 34
· 3.20.6Time limit on presentation........................................................................................................... 34
3.21. PETITIONS 34
· 3.21.1Form of petitions......................................................................................................................... 34
· 3.21.2Petition where presented by members....................................................................................... 35
· 3.21.3Petition in English or Maori.......................................................................................................... 35
· 3.21.4Petition where presented by petitioner........................................................................................ 35
3.22. Public Forum 35
· 3.22.1Time extension............................................................................................................................ 35
· 3.22.2Subjects of public forum.............................................................................................................. 35
· 3.22.3Questions of speakers during public forum................................................................................. 35
3.23. QUESTIONS 35
· 3.23.1Questions to officers during debate............................................................................................. 35
3.24. REQUESTS FOR REPORTS 36
4. APPENDIX A................................................................................................................ 37
GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS IN TERMS OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 37
Pukekiwiriki Paa Joint Management Committee 18 November 2014 |
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Pukekiwiriki Paa Joint Management Committee 18 November 2014 |
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1.1. SCOPE AND GENERAL
The standing orders are presented in three parts:
Part 1: General Introduction
Part 2 Constitutional and Legislative Matters; and
Part 3 Meeting Procedures
1.2. INTERPRETATION
The word “shall” identifies a mandatory requirement for compliance with these standing orders. The word "should" refers to practices which are advised or recommended.
As far as practical these Standing Orders will mirror the provisions of the Local Government Official Information and Meetings Act 1987 and the 7th Schedule of the Local Government Act 2002.
1.3. DEFINITIONS
Apology means absence from a meeting and includes lateness and early departure.
Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items.
Chairperson means the person who presides at a meeting.
Executive Officer means the Chief Executive of the Auckland Council appointed under section 17 of the Local Government (Tamaki Makaurau Reorganisation) Act 2009 or under section 42 of the Local Government Act 2002, irrespective of his or her designation, and includes for the purposes of these standing orders, any other officer authorised by the Auckland Council..
Clear working days means the number of working days prescribed in these standing orders for the giving of notice; and excluding the date of service of that notice and the date of the meeting, the subject of that notice.
Deputation means a request from any person or interest group in the community to make a presentation to the Pukekiwiriki Paa Reserve Joint Committee.
Extraordinary meeting has the same notice and timeframes as a meeting convened in accordance with clause 22 of Schedule 7 of the Local Government Act 2002.
Leave of absence means the granting of leave to a member from a meeting or series of meetings of the Pukekiwiriki Paa Reserve Joint Committee or its committees upon application by the member to the Executive Officer.
LGA means the Local Government Act 2002.
Meeting means:
· any first or ordinary or extraordinary meeting of the Pukekiwiriki Paa Reserve Joint Committee; and
At any meeting of the Pukekiwiriki Paa Reserve Joint Committee at which no resolutions or decisions are made, the provisions of these standing orders regarding public access and notification need not apply.
Member means any person elected or appointed to the Pukekiwiriki Paa Reserve Joint Committee or to any committee, and includes the chairperson of any committee.
Minutes means the record of the proceedings of any meeting of the Pukekiwiriki Paa Reserve Joint Committee
Order Paper means the agenda listing items for consideration at a meeting together with reports and other attachments relating to those items.
Public in the case of Pukekiwiriki Paa Reserve Joint Committee includes any person who is not a member of the Pukekiwiriki Paa Reserve Joint Committee.
Public excluded information means any information excluded from the public.
Public excluded session refers to those meetings or parts of meetings from which the public is excluded.
Pubilc forum means a time set aside at the commencement of a meeting open for public address to the Pukekiwiriki Paa Reserve Joint Committee. Prior aproval of the Chair is required.
Publicly notified means notified to members of the public by notice contained in the appropriate newspapers circulating in the Auckland region.
Quasi judicial function or proceedings means a function or proceedings involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and /or the application of legal principles.
Quorum means the minimum number of members needing to be present to constitute a valid meeting.
Scheduled or Ordinary meeting means any meeting publicly notified by the Pukekiwiriki Paa Reserve Joint Committee.
Working day means any day of the week other than:
a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day, and
b) A day in the period commencing with 25 December in any year and ending with 15 January in the following year.
Workshop, working party or briefing means an informal forum held primarily for information and/or discussion purposes, as the case may be, and at which no resolutions or decisions are made.
1.4. APPLICATION OF STANDING ORDERS
1.4.1 These standing orders shall, so far as applicable, extend to the proceedings of all Pukekiwiriki Paa Reserve Joint Committee meetings, including public excluded sessions, except as provided for in Standing Order 1.4.2.
1.4.2 A workshop, working party or briefing may be established by resolution of the Pukekiwiriki Paa Reserve Joint Committee respectively, or may be called by the committee chairperson, or the Executive Officer (or his or her nominee).
Notwithstanding clause 1.4.1 above, the only provisions of standing orders applying to a workshop, working party or briefing shall be those contained or referred to in this clause and clause 2.11.5 which relates specifically to procedures for them.
Briefings:
A briefing shall be convened by written notice from the Executive Officer or his or her nominee, addressed to every member to attend, expressly:
· Convening the meeting as a briefing.
· Advising the date, time and place of the briefing.
· Confirming the briefing is not to reach any decision or pass or make any resolution but is primarily for the provision of information and discussion.
Workshop or Working Party
A workshop or working party shall be convened by written notice from the Executive Officer or his or her nominee or the committee chairperson.
The notice or resolution referred to above shall expressly:
· Convene the meeting as a workshop or working party.
· Advise the date, time and place of the workshop or working party.
· Confirm that the workshop or working party is not to reach any decision or consider, pass or make any resolution, but is primarily for the provision of information and discussion.
Proceedings of a workshop, working party or briefing shall record the following:
i. The names of members attending, and
ii. A statement summarising the nature of the information received.
In all other respects, the conduct of a workshop, working party or briefing shall be determined by the presiding member or facilitator of the workshop.
2. CONSTITUTIONAL AND LEGISLATIVE MATTERS
2.1. INTRODUCTION
2.1.1 Alteration of standing orders
“After the adoption of the first standing orders of the Pukekiwiriki Paa Reserve Joint Committee, an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present.”
2.1.2 Temporary suspension of standing orders
“The Pukekiwiriki Paa Reserve Joint Committee or its committees may temporarily suspend one or more standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension.”
2.1.3 All members to abide by standing orders
A member must abide by the standing orders.
2.2. FIRST MEETING OF THE Pukekiwiriki Paa Reserve Joint Committee
Preamble:
The Papakura Local Board passed the following resolution on 29 January 2014.
“That the Papakura Local Board agrees that the committee will not be dissolved at the end of the 2013-2016 electoral term.”
2.2.1 Meeting called by the Executive Officer
“The first meeting of the Pukekiwiriki Paa Reserve Joint Committee shall be called by the Executive Officer.
2.2.2 Business to be conducted
The business that must be conducted at the meeting of the Pukekiwiriki Paa Reserve Joint Committee must include —
(a) the making and attesting of the declarations required of the Chair and members Pukekiwiriki Paa Reserve Joint Committee;
(b) a general explanation, given or arranged by the Executive Officer of the principles behind:
(i) the Local Government Official Information and Meetings Act 1987; and
(ii) other laws affecting members including the appropriate provisions of the Local Authorities (Members’ Interests) Act 1968; and sections 99, 105 and 105A of the Crimes Act 1961, and the Secret Commissions Act 1910, and the Securities Act 1978 and
(c) the fixing of the date and time of the first meeting of the Pukekiwiriki Paa Reserve Joint Committee, or the adoption of a schedule of meetings.
[cI. 21(5), Schedule 7, LGA]
2.2.3 Members to give notice of addresses
Every member of the Pukekiwiriki Paa Reserve Joint Committee must give to the Executive Officer a residential or business address together with, if desired, an email, a facsimile or other address to which notices and material relating to meetings and Pukekiwiriki Paa Reserve Joint Committee business may be sent or delivered.
2.3. CHAIRPERSON OF MEETINGS
2.3.1 Appointment of Chairperson
The chairperson will be appointed from amongst the members of the Pukekiwiriki Paa Reserve Joint Committee.
2.3.2 Chairperson of committee to preside
“The chairperson of a committee must preside at each meeting of the committee at which he or she is present unless the chairperson vacates the chair for a particular meeting. If the chairperson of a committee is absent from a meeting the deputy chairperson (if any) of the committee must preside. If a deputy chairperson has not been appointed, or if the deputy chairperson is also absent, the members of the committee that are present must elect one of their number to preside at that meeting, and that person may exercise at that meeting the responsibilities, duties, and powers of the chairperson.”
[cI. 26(2), (5) & (6), Schedule 7, LGA]
2.4. QUORUM AT MEETINGS
2.4.1 Requirement for a quorum
“A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote.”
[cl. 23(1), Schedule 7, LGA]
2.4.2 Quorum to be present throughout meeting
“Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.”
[cl. 23(2), Schedule 7, LGA]
2.4.3 Definition of quorum for Pukekiwiriki Paa Reserve Joint Committee meetings
The quorum at a meeting of the Pukekiwiriki Paa Reserve Joint Committee consists of three iwi representatives (or alternates) and three local board representatives.
2.5. VOTING AT MEETINGS
Members have agreed to aspire to reach decisions by consensus. Where this cannot be achieved the following process will be undertaken:
2.5.1 Acts and decisions of the Pukekiwiriki Paa Reserve Joint Committee by majority vote at meetings
(1) The acts of the Pukekiwiriki Paa Reserve Joint Committee must be done, and the questions before the Pukekiwiriki Paa Reserve Joint Committee must be decided at a meeting by:
(a) vote; and
(b) the majority of members that are present and voting.
Casting vote
(2) For the purposes of [standing order 2.5.1(1)], the chairperson or other person presiding at the meeting:
(a) Has a deliberative vote; and
(b) In the case of an equality of votes, has a casting vote.
Open voting
(3) An act or question coming before the Pukekiwiriki Paa Reserve Joint Committee must be done or decided by open voting.
[cI. 24, Schedule 7, LGA]
2.6. APPOINTMENTS AND VOTING SYSTEM
2.6.1 Provisions for election or appointment of chairpersons and deputy chairpersons of the Pukekiwiriki Paa Reserve Joint Committee , and representatives of the Pukekiwiriki Paa Reserve Joint Committee.
The Pukekiwiriki Paa Reserve Joint Committee must determine by resolution that a person be elected or appointed by using one of the following systems of voting:
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 Pukekiwiriki Paa Reserve Joint 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 two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
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 one round of voting and
(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.
[cl. 25, Schedule 7, LGA]
2.7. PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES
2.7.1 Proceedings not invalidated by vacancies or irregularities
An act or proceeding of the Pukekiwiriki Paa Reserve Joint Committee, or of a person acting as a member of the Pukekiwiriki Paa Reserve Joint Committee, is not invalidated by a vacancy in the membership of the Pukekiwiriki Paa Reserve Joint Committee at the time of that act or proceeding, or the subsequent discovery of some defect in the election or appointment of the person acting as a member of the Pukekiwiriki Paa Reserve Joint Committee, or that that person was or is incapable of being a member.
[cl. 29, Schedule 7, LGA]
2.8. GENERAL PROVISIONS AS TO MEETINGS
2.8.1 Calling, public notification and conduct of meetings
“A meeting of the Pukekiwiriki Paa Reserve Joint Committee must be called and conducted in the same manner as a meeting in accordance with [Schedule 7 of the Local Government Act]; and Part VII of the Local Government Official Information and Meetings Act 1987; and the standing orders of the Pukekiwiriki Paa Reserve Joint Committee.”
[cl.19(3), Schedule 7, LGA]
2.8.2 Agenda or order paper to be sent to members
In the case of each meeting to which Standing Order 2.11.1 applies, an agenda detailing the business to be brought before that meeting together with relevant attachments must be sent to every member not less than two clear working days before the day appointed for the meeting (in the case of extraordinary meetings cI. 2.14.2 applies).
2.8.3 Delivery of material to members
Material relating to meetings (including advice of meetings, agenda and order papers) or other council business may be distributed to members by electronic means if the member has previously agreed to that method of delivery.
2.8.4 Meetings not invalid because notice not received
“A meeting is not invalid if notice of that meeting was not received, or not received in due time, by a member unless —
(a) it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and
(b) the member concerned did not attend the meeting
A member may waive any requirement regarding the giving of notice of a meeting to that member.”
[cI. 20(1) (2) Schedule 7, LGA}
2.8.5 Minutes of proceedings
The Pukekiwiriki Paa Reserve Joint Committee must keep minutes of their proceedings. Minutes of proceedings duly entered and authenticated as prescribed by the Pukekiwiriki Paa Reserve Joint Committee are prima facie evidence of those proceedings.
[cl. 28(1) and (2), Schedule 7, LGA]
2.9. NOTIFICATION OF MEETINGS TO MEMBERS
2.9.1 Period for notice in writing
“The Executive Officer must give notice in writing to each member of the time and place of a meeting —
(a) not less than 14 days before the meeting; or
(b) if the Pukekiwiriki Paa Reserve Joint Committee has adopted a schedule of meetings not less than 14 days before the first meeting on the schedule.”
[cI. 19(5)(a), (b) Schedule 7, LGA]
2.9.2 Schedule of meetings
“If the Pukekiwiriki Paa Reserve Joint Committee adopts a schedule of meetings, —
(a) the schedule may cover any future period that the Pukekiwiriki Paa Reserve Joint Committee considers appropriate and may be amended; and
(b) notification of the schedule or any amendment to that schedule constitutes a notification of every meeting on the schedule or amendment.”
[cI. 19(6), Schedule 7, LGA]
2.9.3 Cancellation of scheduled meetings
If it is necessary to cancel a scheduled meeting, all reasonable effort shall be taken to notify members and the public as soon as practicable of the cancellation and of the reasons for the cancellation.
2.10. EXTRAORDINARY MEETiNGS
2.10.1 Extraordinary meetings may be called
“If a resolution or requisition specifies the time and place at which the meeting is to be held and the general nature of the business to be brought before the meeting, a meeting may be called by —
(a) a resolution of the Pukekiwiriki Paa Reserve Joint Committee; or
(b) a requisition in writing delivered to the Executive Officer and signed by —
(i) the chairperson; or
(ii) not less than one third of the total membership of the Pukekiwiriki Paa Reserve Joint Committee (including vacancies)”
[cI. 22(1), Schedule 7, LGA]’
2.10.2 Notification of extraordinary meetings to members
“Notice in writing of the time and place of the meeting called under Standing Order 2.13.1 and of the general nature of business must be given by the Executive Officer to each member at least 3 working days before the day appointed for the meeting or if the meeting is called by a resolution, within such lesser period of notice that is specified in the resolution being not less than 24 hours.”
[cI. 22(3), Schedule 7, LGA]
2.10.3 Calling of extraordinary meetings at earlier time
“If the business to be dealt with requires a meeting to be held at a time earlier than is allowed by the notice requirements specified in Standing Order 2.13.2 a meeting may be called by the chairperson, or if the chairperson is unavailable, the Executive Officer.”
[cI. 22(2), Schedule 7, LGA]
2.10.4 Notification of extraordinary meetings held at earlier time
“Notice of the time and place of a meeting called under Standing Order 2.13.3 and of the matters in respect of which the meeting is being called must be given by the person calling the meeting or by another person on that person’s behalf, by whatever means is reasonable in the circumstances, to each member of the Pukekiwiriki Paa Reserve Joint Committee and to the Executive Officer or his nominee at least 24 hours before the time appointed for the meeting.”
[cI. 22(4), Schedule 7, LGA]
2.10.5 Public notice of resolutions of extraordinary meetings
“The Executive Officer must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the Pukekiwiriki Paa Reserve Joint Committee 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.
For the purposes of this Standing Order, resolution means the resolution on the matter or matters for which the extraordinary meeting was held.”
[Section 51A, LGOIMA]
2.11. WORKSHOPS
2.11.1 Authority to call a workshop
Workshops of the Pukekiwiriki Paa Reserve Joint Committee may only be called with the prior written approval of the Chairperson or Executive Officer in the case of either a workshop of the Pukekiwiriki Paa Reserve Joint Committee.
2.11.2 Notice of workshop to members
Notice of the time and place of the workshop and of the matters in respect of which the workshop is being called shall be given, by whatever means is reasonable in the circumstances, to every member by the Executive Officer at least 24 hours before the time appointed for the workshop.
2.11.3 Chairing of workshops
Each workshop shall have a chairperson as follows:
(i) in the event of a workshop of the Pukekiwiriki Paa Reserve Joint Committee the Chairperson shall preside;
2.11.4 Record of workshop meetings
The proceedings of every workshop shall be recorded, including the following:
(i) the names of the members attending;
(ii) the nature of the matters discussed during the workshop; and
(iii) the proceedings of the workshop.
The proceedings of every workshop shall be circulated to members and considered at the next meeting of the Pukekiwiriki Paa Reserve Joint Committee and, if approved by that meeting, or when amended as directed by that meeting, shall be signed by the chairperson.
2.11.5 Workshops exempt from provisions of Part VII (Local Government Meetings) of the Local Government Official Information and Meetings Act 1987
The provisions of those clauses within Standing Order 2.12 do not apply to workshops of the Pukekiwiriki Paa Reserve Joint Committee as these are held solely for information and discussion purposes with no ability for any resolutions or decisions to be made.
[Section 45(2) of LGOIMA (which is included in Part VII of that Act) states:]
For the avoidance of doubt, it is hereby declared that any meeting of the Pukekiwiriki Paa Reserve Joint Committee, at which no resolutions or decisions are made is not a meeting for the purposes of this Part of this Act.
Given that workshops will not make any resolutions or decisions they are not subject to the requirements contained in Part VII of LGOIMA (e.g. public access to the meetings, availability of agenda material to the public and notification of meetings etc)
2.12. PUBLIC AT MEETINGS, ACCESS TO AGENDAS ETC
2.12.1 Meetings normally to be open to the public
“Except as otherwise provided by [Part VII of the Local Government Official Information and Meetings Act] every meeting of the Pukekiwiriki Paa Reserve Joint Committee shall be open to the public. For the purposes of [Part VII of the Local Government Official Information and Meetings Act] bona fide members of the news media shall be deemed to be members of the public, and shall be entitled to attend any meeting or any part of a meeting for the purpose of reporting the proceedings for any news media.”
[Section 47 & 49(a) LGOIMA]
2.12.2 Information to be available to public
“All information provided to members at Pukekiwiriki Paa Reserve Joint Committee meetings must be available to the public and news media unless any item included in the agenda refers to any matter reasonably expected to be discussed with the public excluded.”
[Section 5 & 49 LGOIMA]
2.12.3 Public notification about meetings
“All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of every month, together with the dates on which and the times and places at which those meetings are to be held. Where any meeting is to be held on or after the 21st day of the month such meetings may instead be publicly notified not more than 10 nor less than 5 working days before the day on which the meeting is to be held.”
[Section 46, LGOIMA]
2.12.4 Public notification about extraordinary meetings
“Where any extraordinary meeting of the Pukekiwiriki Paa Reserve Joint Committee is called and notice of that meeting cannot be given in the manner required or permitted by Standing Order 2.12.3 as appropriate, Auckland Council shall cause that meeting and the general nature of business to be transacted at that meeting to be publicly notified or otherwise advertised as soon as practicable before the meeting is to be held as is reasonable in the circumstances.”
[Section 46(3) & (4) LGOIMA]
2.12.5 Public notification additional requirements
The Executive Officer is to make any other arrangement for the notification of meetings including extraordinary meetings, as the Pukekiwiriki Paa Reserve Joint Committee may from time to time determine.
2.12.6 Meetings not invalid because not publicly notified
No meeting is invalid merely because that meeting was not publicly notified in accordance with Standing Orders 2.12.3 — 2.12.4.
[Section 46(5) LGOIMA}
2.12.7 Public notice of meetings not notified
“Where the Pukekiwiriki Paa Reserve Joint Committee becomes aware that any meeting of the Pukekiwiriki Paa Reserve Joint Committee has not been publicly notified in accordance with [Standing Orders 2.12.3—2.12.4], the Pukekiwiriki Paa Reserve Joint Committee shall, as soon as practicable, give public notice that that meeting was not so notified, and shall, in that notice, state the general nature of the business transacted at that meeting; and give the reasons why that meeting was not so notified.”
[Section 46(6), LGOIMA]
2.12.8 Public notice of resolutions of extraordinary meetings
“Where any resolution is passed at an extraordinary meeting of the Pukekiwiriki Paa Reserve Joint Committe, the Auckland Council must cause the resolution to be publicly notified as soon as practicable, unless the resolution was passed at a meeting or part of a meeting from which the public was excluded.”
[Section 51a LGOIMA]
2.12.9 Availability of agendas and reports
“Any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least two working days before every meeting, all agendas and associated reports circulated to members and relating to that meeting. The agendas —
(a) shall be available for inspection at the public offices of the Papakura Local Board Office (including service delivery centres) and the public libraries under the authority’s control and
(b) shall be accompanied by either —
(i) the associated reports, or
(ii) a notice specifying the places at which the associated reports may be inspected.
The associated reports shall be available for inspection at the public offices of the Auckland Council. Any member of the public may take notes from any agenda or report inspected by that member of the public. Every member of the public who inspects an agenda or report made available and who requests a copy of any part of any such agenda or report and tenders the prescribed amount (if any) shall be given such a copy as soon as practicable. Where a meeting is an extraordinary meeting called pursuant to a resolution of the Pukekiwiriki Paa Reserve Joint Committe, the agenda and any associated reports shall be made available as soon as is reasonable in the circumstances.”
[Section 46A(1 ) —(6) LGOIMA]
2.12.10 Exclusion from reports to be discussed with public excluded
The Executive Officer may exclude from the reports made available reports or items from reports that are reasonably expected to be discussed with the public excluded. These items are to be indicated on each agenda.
2.12.11 Agenda to be made available to public who are at meetings
“Additional copies of the agenda and further particulars indicating the nature of the items to be discussed must be available at meetings in sufficient numbers to enable any spare copies to be provided for members of the public to take away with them on payment of the prescribed amount (if any).”
[Section 49, LGOIMA]
2.12.12 List of committee members publicly available
The members of each committee are to be named on the relevant agenda.
2.12.13 Public entitled to inspect minutes
“The public is entitled without charge to inspect, take notes from, or receive copies of, minutes of any meeting or part of any meeting from which the public was not excluded.”
[Section 51, LGOIMA]
2.12.14 Requests for minutes of meetings in public excluded session
“The Executive Officer must consider any request for the minutes of a meeting or part session thereof from which the public was excluded as a request for official information in terms of the Local Government Official Information and Meetings Act 1987.”
[Section 51 LGOIMA]
2.13. REASONS TO EXCLUDE PUBLIC
2.13.1 Lawful reasons to exclude public
“The Pukekiwiriki Paa Reserve Joint Committee 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 same grounds as specified in section 48 of the Local Government Official Information and Meetings Act (see Appendix A).”
[Section 48, LGOIMA]
2.13.2 Form of resolutions to exclude public
Any resolution to exclude the public must be in the form set out in Schedule 2A to the Local Government Official Information and Meetings Act 1987 and state the general subject of each matter to be considered while the public is excluded, the reason for passing that resolution in relation to that matter, and the grounds on which the resolution is based.
2.13.3 Motion to exclude public to be put with the public present
“Every motion to exclude the public must be put at a time when the meeting is open to the public and copies of the text of that motion must be available to any member of the public who is present. The resolution then forms part of the minutes of the Pukekiwiriki Paa Reserve Joint Committee.
[Section 48(4), LGOIMA]
2.13.4 Provision for persons to remain after public excluded
“A resolution in accordance with Standing Order 2.16.3 may provide for one or more specified persons to remain after the public has been excluded if those persons have, in the opinion of the Pukekiwiriki Paa Reserve Joint Committee, knowledge that will assist the Pukekiwiriki Paa Reserve Joint Committee. Any such resolution is required to state the knowledge possessed by those persons which will be of assistance in relation to the matter to be discussed and how it is relevant to the matter. No such resolution is necessary in respect of the attendance of the Executive Officer and relevant staff during a public excluded session.”
[Section 48(5) & (6) LGOIMA]
2.13.5 Release of public excluded information
The Pukekiwiriki Paa Reserve Joint Committee may provide for the release to the public of information, which has been considered during the public excluded part of a meeting.
2.14. APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION
2.14.1 Standing orders to apply
Standing orders apply to meetings or parts of meetings from which the public has been excluded.
2.15. USE OF PUBLIC EXCLUDED INFORMATION
2.15.1 Public excluded business not to be disclosed
Subject to the provisions of the Local Government Official Information and Meetings Act 1987, no member or officer is permitted to disclose to any person, other than a member or officer, any information which has been or is to be presented to any meeting from which the public is properly excluded, or where it is proposed that the public be properly excluded.
3.
MEETING PROCEDURES
3.1. APPLICATION OF STANDING ORDERS
3.1.1 All members to abide by standing orders
“A member must abide by these standing orders.”
[cI. 16(1) Schedule 7, LGA]
(See Standing Order 2.1.3)
3.1.2 Additional to or substitution of standing orders
Notwithstanding the generality of Standing Order 3.1.1 for any quasi-judicial proceedings, the Pukekiwiriki Paa Reserve Joint Committee or a committee may adopt meeting procedures and practices additional to, or in substitution of these standing orders for the conduct of the business to be transacted.
[s41 RMA]
3.1.3 Exclusions for meetings at which no resolutions or decisions are made
For the avoidance of doubt any provision of these standing orders relating to the making of decisions and the passing of resolutions does not apply to any meeting of the Pukekiwiriki Paa Reserve Joint Committee or of any committee which has been properly constituted as a meeting at which no resolutions or decisions are to be made under the Local Government Act 2002 or the Local Government Official Information and Meetings Act 1987.
3.2. SUSPENSION OF STANDING ORDERS
3.2.1 Temporary suspension
“The Pukekiwiriki Paa Reserve Joint Committee, may temporarily suspend one or more standing orders during a meeting by a vote of not less than 75% of the members present and voting. The reason for the suspension and the specific order(s) suspended must be stated in the resolution of suspension (see Standing Order 2.1.2).
[cI. 27(4), Schedule 7, LGA]
3.3.
CONDUCT OF MEETINGS
3.3.1 Mode of address for chairperson
The person in the chair is to be addressed in such terms as denotes the statutory office of that person, the choice of mode of address being as determined by that person.
3.3.2 Chairperson to decide
The chairperson is to decide all questions where these standing orders make no provision or insufficient provision, and all points of order, and any member who refuses to obey any order or ruling of the chairperson shall be held guilty of contempt (see Standing Orders 3.1.1, 3.14.6).
3.3.3 Chairperson rising
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.
3.3.4 Members to speak in places and address the chairperson
Members granted the right to speak at meetings are to address the chairperson, and may not leave their place while speaking without the leave of the chairperson. Members may remain seated when speaking at extraordinary meetings of the Pukekiwiriki Paa Reserve Joint Committee.
3.3.5 Priority of speakers
When two or more members seek the right to speak the chairperson is to name the member who has the right to speak first provided that the following members shall have precedence when they state their intention to:
(a) Raise a point of order (see Standing Order 3.14.1) including any request to obtain a time extension for the previous speaker
(b) Move a motion to terminate or adjourn the debate (see Standing Order 3.13.1); or
(c) Make a point of explanation or request an indulgence of the chairperson (see Standing Order 3.9.13).
3.3.6 Speeches in English or Mãori
A member may address the chairperson in English or Mãori. The chairperson may order that a speech be translated and printed in another language. A member must give prior notice not less than two working days before the meeting to the chairperson if he or she intends to address the chairperson in Mãori when the normal business of the committee is conducted in English, or in English when the normal business of the committee is conducted in Mãori.
3.3.7 Duration of meetings and time limits
Unless pursuant to a resolution to continue, no meeting may continue for more than six hours (including any meal break) or beyond 10.30pm, and any business on the agenda not dealt with must be adjourned to the next meeting or extraordinary meeting.
3.3.8 Reporting of meetings
“When a meeting is open to the public the following provisions shall apply:
(a) Members of the public including bona fide members of the news media are entitled to attend any meeting or any part of a meeting and to report on the proceedings.”
[s49(a) LGOIMA]
(b) Any recording of meetings must be carried out in an unobtrusive manner, and must not be distracting to members.
(c) Any recording of meetings must be notified to the chairperson at the commencement of the meeting.
3.3.9 Disorderly members to withdraw
Members called to order by the chairperson are to resume their seats and/or stop speaking, as the case may be. Should any member refuse to obey, such member may be directed by the chairperson to withdraw from the meeting. Upon such direction, any such member is to withdraw and shall not be permitted to return during the meeting, or any period of that meeting that the chairperson may determine.
3.3.10 Members not to be disrespectful
No member of the Pukekiwiriki Paa Reserve Joint Committee at any meeting may be disrespectful in speech or use offensive or malicious language, including in reference to the Pukekiwiriki Paa Reserve Joint Committee, any other member, or any officer or employee of the Auckland Council. In addition no member may impute improper motives or make offensive remarks about the private affairs of any other member of the Auckland Council or its staff.
3.3.11 Retraction of, or apology for, offensive or malicious language
The chairperson may call upon any member or speaker to withdraw any offensive or malicious expression and may require the member to apologise for the expression.
3.3.12 Withdrawal from meeting
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.
3.3.13 Disorder in meeting
The chairperson may require any member whose conduct is disorderly or who is creating a disturbance to withdraw immediately from the meeting for a time specified by the chairperson.
3.3.14 Adjournment of meeting following disorder
Should the disorder continue the chairperson has the right to adjourn the meeting for a time specified by the chairperson. At the end of that period the meeting shall resume and decide without debate the question as to whether the meeting shall proceed or be adjourned. The chairperson may also take such action in relation to disorder from other sources or in the event of an emergency
3.3.15 Contempt to be recorded in minutes
Where the meeting resolves to find the member in contempt that resolution must be recorded in the minutes.
3.3.16 Removal from meeting
“A member of the police, or an officer or employee of the Auckland Council, may, at the request of the chairperson, remove or exclude a member from a meeting if that member is required to leave the meeting by a ruling made under the standing orders and that member —
(a) refuses or fails to leave the meeting; or
(b) having left the meeting, attempts to re-enter the meeting without the permission of the chairperson.”
[cI. 16(2), Schedule 7, LGA]
3.4. QUORUM AT MEETINGS
3.4.1 Requirement for a quorum
“A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote.”
[cl. 23(1), Schedule 7, LGA]
3.4.2 Quorum to be present throughout meeting
“Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.”
[cl. 23(2), Schedule 7, LGA]
3.4.3 Definition of quorum for Pukekiwiriki Paa Reserve Joint Committee meetings
The quorum at a meeting of the Pukekiwiriki Paa Reserve Joint Committee consists of three iwi representatives (or alternates) and three local board representatives.
3.5. FAILURE OF A QUORUM
3.5.1 Meeting lapses if no quorum
If a meeting is short of a quorum at its commencement or falls short of a quorum the business is to stand suspended and, if no quorum is present within 30 minutes, the chairperson is to vacate the chair and the meeting shall lapse.
3.5.2 Lapsed business
The business remaining to be disposed of following the lapsing of a meeting is to stand adjourned until the next meeting unless an earlier meeting is fixed by the chairperson and notified by the Executive Officer.
3.5.3 Minutes to record failure of quorum
If a meeting lapses by reason of failure of a quorum, the names of the members then in attendance and the fact of the lapse are to be recorded in the minutes.
3.5.4 Failure after meeting commences
If, after business at a meeting of the Pukekiwiriki Paa Reserve Joint Committee or committee has commenced, a want of quorum occurs, the business shall be suspended, and if no quorum is present within 10 minutes thereafter the chairperson shall vacate the chair and the remainder of the meeting shall lapse. The business remaining to be disposed of shall stand adjourned until the next ordinary meeting unless an earlier meeting is fixed by the chairperson and notified by the Executive Officer. A fresh notice of motion is required for the renewal of any motion.
3.6. LEAVE OF ABSENCE AND APOLOGIES
3.6.1 Granting leave of absence
The Pukekiwiriki Paa Reserve Joint Committee may grant leave of absence to a member from a meeting or other meetings of the Pukekiwiriki Paa Reserve Joint Committee upon application by the member.
The granting of absence is delegated to the chairperson to protect the privacy of the member applying. The chairperson is to advise all members of leave of absence.
3.6.2 Apologies at meetings
If a member has not obtained leave of absence, an apology may be tendered on behalf of the member and the apology may be accepted or declined by the Pukekiwiriki Paa Reserve Joint Committee.
Acceptance of the apology shall be deemed to be a granting of leave of absence for that meeting.
3.6.3 Recording of apologies
The chairperson of each meeting must invite apologies at the beginning of each meeting, including apologies for lateness and early departure, and these and subsequent apologies during the meeting shall be recorded in the minutes, including whether they were accepted or declined, and the time of arrival and departure of all members.
3.6.4 Absence without leave
“An extraordinary vacancy is created where any member is absent without leave of the Pukekiwiriki Paa Reserve Joint Committee from four consecutive meetings other than extraordinary meetings of the Pukekiwiriki Paa Reserve Joint Committee.
[cl. 5, Schedule 7, LGA]
3.7. ORDER OF BUSINESS
3.7.1 Adoption of order of business
(1) Subject to standing order 3.7.1(2), the order of business is to be determined by the Pukekiwiriki Paa Reserve Joint Committee or the relevant committee. The Executive Officer is to prepare for each meeting an agenda listing and attaching information on the items of business to be brought before the meeting so far as is known. At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the meeting or the chairperson accord precedence to any business set down on the agenda.
(2) The Order of Business for ordinary meetings of the Pukekiwiriki Paa Reserve Joint Committee shall be:
Open Section
· Welcome
· Apologies
· Declaration of Interest
· Confirmation of Minutes
· Leave of Absence
· Acknowledgements and Tributes
· Petitions
· Deputations
· Extraordinary business
· Notices of Motion
· Reports
· Consideration of Extraordinary Business
Public Excluded Section
(3) For the avoidance of doubt, there is no default order of business for ordinary meetings.
3.7.2 Status of agenda
Agendas detailing business to be considered by a meeting may be issued to members of the news media on the basis that it cannot be considered policy until adopted by the Pukekiwiriki Paa Reserve Joint Management Committee.
3.7.3 Public excluded items
The Executive Officer must place on a public excluded agenda any matters which he/she considers the Pukekiwiriki Paa Reserve Joint Committee is likely in his/her opinion to wish to exclude the public from in terms of the Local Government Official Information and Meetings Act 1987 provided that an indication of the subject matter likely to be considered and the reason for such exclusion with the public excluded is placed on the agenda available to the public.
3.7.4 Chairperson’s report
The chairperson by report has the right to direct the attention of the Pukekiwiriki Paa Reserve Joint Committee as the case may be to any matter or subject within the role or function of the Pukekiwiriki Paa Reserve Joint Committee.
3.7.5 Major items not on the agenda may be dealt with (Extraordinary business)
“An item that is not on the agenda for a meeting may be dealt at the with meeting if —
(a) the Pukekiwiriki Paa Reserve Joint Committee by resolution so decides; and
(b) the presiding member explains at the meeting at a time when it is open to the public —
(i) the reason why the item is not on the agenda; and
(ii) the reason why the discussion of the item cannot be delayed until a subsequent meeting.”
[Section 46A(7), LGOIMA]
3.7.6 Minor items not on the agenda may be discussed (Extraordinary business)
“Where an item is not on the agenda for a meeting, —
(a) That item may be discussed at that meeting if —
(i) That item is a minor matter relating to the general business of the Pukekiwiriki Paa Reserve Joint Committee; and
(ii) The presiding member explains at the beginning of the meeting at a time when it is open to the public, that the item will be discussed at the meeting, but
(b) No resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the Pukekiwiriki Paa Reserve Joint Committee for further discussion.”
[Section 46A(7) & 46A(7A), LGOIMA]
3.8. PRECEDENCE OF BUSINESS
Notwithstanding anything to the contrary contained in these standing orders, and after the confirmation of the minutes of the previous meeting, the chairperson as a matter of urgency, or the Pukekiwiriki Paa Reserve Joint Committee on a motion duly passed without debate, may accord precedence to any business set down on the order paper for consideration.
3.9. RULES OF DEBATE
3.9.1 Reserving speech
A member may second a motion or amendment without speaking to it reserving the right to speak later in the debate.
3.9.2 Irrelevant matter and needless repetition
In speaking to any motion or amendment members are to confine their remarks strictly to such motion or amendment, and shall not introduce irrelevant matters or indulge in needless repetition. In this matter, the chairperson’s ruling is final and not open to challenge
3.9.3 Limitation on speakers
If three speakers have spoken consecutively in support of, or in opposition to a motion, the chairperson may call for a speaker to the contrary. If no such speaker is forthcoming and after the mover has had the right of reply, the motion must be put. Members speaking must, if so called upon by the chairperson, announce whether they are speaking in support of, or against the motion or amendment being debated.
3.9.4 Taking down words
When any member objects to words used and desires his/her objection to be recorded in the minutes, the chairperson may order the objection to be recorded, provided such objection be made at the time the words were used and not after any other members have spoken (see Standing Order 3.15.4).
3.9.5 Reading of speeches
Members shall not read their speeches, except with the permission of the chairperson, but may refresh their memory by reference to notes.
3.9.6 Time limits on speakers
The following time limits apply to members speaking at meetings, unless extended by a majority vote of members present:
(a) Movers of motions when speaking to the motion, 10 minutes;
(b) Movers of motions when exercising their right of reply, five minutes;
(c) Other members, not more than five minutes.
(See also Standing Order 3.20.6)
3.9.7 Member speaking more than once
A member may not speak more than once to a motion.
3.9.8 Restating of motion
Members may request the chairperson to restate the motion for their information at any time during the debate, but not so as to interrupt.
3.9.9 Right of reply
The mover of an original motion (not an amendment) has a right of reply. After the mover has commenced such reply, or has intimated the wish to forego this right, or having spoken to an amendment to the motion and the chairperson has intimated his intention to put the motion no other member of the Pukekiwiriki Paa Reserve Joint Committee may speak on the motion. Movers in reply are not to introduce any new matter and must confine themselves strictly to answering previous speakers.
3.9.10 When right of reply may be exercised
The right of reply is governed as follows:
(a) Where no amendment has been moved the mover may reply at the conclusion of the discussion on the motion.
(b) If there is an amendment the mover of the original motion may make such reply at the conclusion of the debate on such amendment and this reply exhausts their rights as mover of the original motion (see Standing Order 3.9.9), provided that the mover may reserve such right of reply. The mover may, however, take part in the discussion upon subsequent amendments.
Note:
A right of reply can be exercised either at the end of the debate on an original motion or at the end of the debate on an amendment. Only the mover of an original motion has a right of reply and that right can only be used once. In addition to a right of reply, the mover of an original motion may reserve a right of reply and speak once to an original motion and once to each amendment without losing that right of reply.
3.9.11 Speaking only to relevant matters
Members may speak to any matter before the meeting or upon a motion or amendment to be proposed by themselves, or upon a point of order arising out of debate, but not otherwise.
3.9.12 Personal explanation
Notwithstanding Standing Order 3.9.7 members may make a personal explanation with the permission of the chairperson, but such matters may not be debated.
3.9.13 Explanation of previous speech
With the permission of the chairperson, explanation of some material part of a previous speech in the same debate may be given by a member who has already spoken, but new matter may not be introduced.
3.10. MOTIONS AND AMENDMENTS
3.10.1 Requirement for a seconder
All motions and amendments moved in debate (including notices of motion) must be seconded, and thereupon the chairperson shall state the matter raised and propose it for discussion.
3.10.2 Withdrawal of motions and amendments
Once motions or amendments have been seconded and put to the meeting by the chairperson they cannot be withdrawn without the consent of the majority of the members present and voting. A motion to which an amendment has been moved and seconded cannot be withdrawn until the amendment is withdrawn or lost.
3.10.3 Substituted motion by amendment
The meeting may allow a motion, which is subject to an amendment, to be withdrawn and replaced by the amendment as the substituted motion, provided the mover and seconder of the original motion agree to the withdrawal of the original motion. In such circumstances members who have spoken to the original motion may speak again to the substituted motion.
3.10.4 Motions in writing
The chairperson may require movers of motions or amendments to provide them in writing signed by the mover.
3.10.5 Motions expressed in parts
The chairperson or any member may require a motion expressed in parts to be decided part by part.
3.10.6 Amendment once moved
When a motion has been moved and seconded then proposed by the chairperson for discussion, an amendment may be moved or seconded by any member who has not spoken to the motion whether an original motion or a substituted motion. The mover or seconder of a motion for the adoption of the report of a committee who desires to amend any item in the report may also propose or second an amendment.
3.10.7 Amendments and motions not seconded
Amendments and motions which are proposed but not seconded are not in order and are not entered in the minutes.
3.10.8 Further amendments
No further amendment may be allowed until the first amendment is disposed of, although members may notify the chairperson of their intention to move further amendments and the tenor of their content.
3.10.9 Where amendment lost
Where an amendment is lost, another may be moved and seconded by any members who have not spoken to the motion, whether an original motion or substituted motion. Movers of previous amendments which were lost are regarded as having spoken to the motion only and are entitled to speak to the new amendment, but are not entitled to move or second the new amendment.
3.10.10 Where amendment carried
Where an amendment is carried, the motion as amended becomes the substantive motion, and any member, other than previous movers or seconders in the debate, may then propose a further amendment.
3.10.11 Amendments relevant
Every proposed amendment must be relevant to the motion under discussion and not be in similar terms to an amendment which has been lost.
3.10.12 Direct negatives not allowed
No amendment which amounts to a direct negative, is to be allowed which, if carried, would have the same effect as negating the motion.
3.10.13 Procedure until resolution
The procedures in Standing Orders 3.10.6 and 3.10.8 must be repeated until a resolution is adopted or defeated.
3.10.14 Revocation or alteration of resolutions
A notice of motion for the revocation or alteration of all or part of a previous resolution of the Pukekiwiriki Paa Reserve Joint Committee is to be given to the Executive Officer by the member intending to move such a motion.
(a) Such notice is to set out:
(i) The resolution or part thereof which it is proposed to revoke or alter;
(ii) The meeting date when it was passed; and
(iii) The motion if any that is intended to be moved in substitution thereof.
(b) Such notice is to be given to the Executive Officer at least five clear working days before the meeting at which it is proposed to consider such a motion and is to be signed by not less than one third of the members of the Pukekiwiriki Paa Reserve Joint Committee that made the previous resolution, including vacancies.
(c) The Executive Officer must then give members at least two clear working days notice in writing of the intended motion and of the meeting at which it is proposed to move such motions.
3.10.15 Restriction on action to be taken on previous resolution
Where a notice of motion has been given in terms of Standing Order 3.10.14, no action which is irreversible may be taken under the resolution which is proposed for revocation or alteration until the proposed notice of motion has been dealt with by the Pukekiwiriki Paa Reserve Joint Committee that made the previous resolution, provided that if, in the opinion of the chairperson:
(a) The practical effect of the delay would be equivalent to a revocation of the resolution, or if;
(b) By reason of repetitive notices the effect of the notice is an attempt by a minority to frustrate the will of the Pukekiwiriki Paa Reserve Joint Committee that made the previous resolution;
then, in either case, action may be taken as though no such notice to the Executive Officer had been given or signed.
3.10.16 Revocation or alteration of resolution at same meeting
If, during the course of a meeting, fresh facts or information are received concerning a matter already resolved at the meeting, the previous resolution may be revoked or altered by the consent of 75% of the members then present and voting.
3.10.17 Pukekiwiriki Paa Reserve Joint Committee may revoke or alter any previous resolution
The Pukekiwiriki Paa Reserve Joint Committee may, on a recommendation contained in a report by the chairperson or Executive Officer, , revoke or alter all or part of resolutions previously passed at meetings. At least two clear working days notice of any meeting to consider such a proposal must be given to members, accompanied by details of the proposal to be considered.
3.10.18 Restating the motion
The chairperson may immediately prior to any division being taken request the Executive Officer to restate the motion upon which the division is to be taken.
3.10.19 No speakers after reply or motion has been put
Members may not speak to any motion once the mover has commenced replying to the motion or where the chairperson has commenced putting the motion.
3.10.20 Reflections on resolutions
In speaking in any debate no member may unduly criticise the validity of any resolution of the Pukekiwiriki Paa Reserve Joint Committee except by a notice of motion to amend or revoke the same.
3.11. NOTICES OF MOTION
3.11.1 Notices of motion to be in writing
Notices of motion must be in writing signed by the mover, stating the meeting at which it is proposed that the notice of motion be considered, and must be delivered to the Executive Officer or his nominee at least five clear working days before such meeting.
3.11.2 Refusal of notice of motion
The chairperson may direct the Executive Officer or his nominee 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 related to the role or functions of the Pukekiwiriki Paa Reserve Joint Committee; or
(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 Executive Officer may make; 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.
3.11.3 Mover of notice of motion
Notices of motion may not proceed in the absence of the mover, unless moved by another member authorised in writing by the mover to do so.
3.11.4 Alteration of notice of motion
A notice of motion may only be altered by the mover with the consent of the meeting.
3.11.5 When notices of motion lapse
Notices of motion not moved on being called for by the chairperson, shall lapse.
3.12. REPEAT NOTICES OF MOTION
3.12.1 First repeat where notice of motion rejected
When a motion which is the subject of a notice of motion has been considered and rejected by the Pukekiwiriki Paa Reserve Joint Committee, no similar notice of motion which, in the opinion of the chairperson is substantially the same in purport and effect may be accepted within the next 6 months unless signed by not less than one third of all members, including vacancies.
3.12.2 Second repeat where notice of motion rejected
If such a repeat notice of motion as provided for in Standing Order 3.12.1 is also rejected by the Pukekiwiriki Paa Reserve Joint Committee any further notice prior to the expiration of the original period of 6 months must be signed by a majority of all members, including vacancies.
3.12.3 No repeats where notice of motion agreed or adopted
Where a notice of motion has been considered and adopted by the Pukekiwiriki Paa Reserve Joint Committee, 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.
3.13. PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE
3.13.1 Members may move procedural motions to terminate or adjourn debate
Any member who has not spoken on the matter under debate may move any one of the following procedural motions to terminate or adjourn debate but not so as to interrupt a member speaking:
(a) That the meeting be adjourned to the next ordinary meeting, unless an alternative time and place is stated; or
(b) That the item of business being discussed be adjourned to a time and place to be stated; or
(c) That the motion under debate be now put (a ‘closure motion”); or
(d) That the meeting move directly to the next business, superseding the item under discussion; or
(e) That the item of business being discussed does lie on the table, and not be further discussed at that meeting; or
3.13.2 Chairperson may accept closure motions
The chairperson may accept a closure motion if there have been no less than two speakers for and two speakers against the motion, or, if there are no such speakers, in the chairperson’s opinion, it is reasonable to do so.
3.13.3 Procedural motions to terminate or adjourn debate to take precedence
Procedural motions to terminate or adjourn debate take precedence over other business, other than points of order, and shall, if seconded, be put to the vote immediately without discussion or debate.
3.13.4 Voting on procedural motions to terminate or adjourn debate
All procedural motions to terminate or adjourn debate must be determined by a majority of those members present and voting. If lost, a further procedural motion to terminate or adjourn debate may not be moved by any member within the next 15 minutes.
3.13.5 Closure motion to be put if no further speaker
Notwithstanding Standing Order 3.13.4 a closure motion shall be put if there is no further speaker in the debate.
3.13.6 Closure motion on amendment
When an amendment to a motion is under debate a closure motion relates to the amendment and not to the motion.
3.13.7 Right of reply following closure
If a closure motion is carried, the mover of the motion then under debate is entitled to the right of reply, and the motion or amendment under debate is then to be put.
3.13.8 Debate on items previously adjourned
The debate on adjourned items of business is to be resumed with the mover of such adjournment being entitled to speak first in the debate. Members who have already spoken in the debate may not speak again
3.13.9 Adjourned items taken first
Adjourned items of business are to be taken first at the subsequent meeting in the class of business to which they belong.
3.13.10 Other business not superseded
The carrying of any motion to adjourn a meeting shall not supersede other business before the meeting remaining to be disposed of and such other business is to be considered at the next meeting.
3.13.11 Referral or referred back to committee
Business referred, or referred back, to a specified committee is to be considered at the next meeting of that committee, unless otherwise specified
3.14. POINTS OF ORDER
3.14.1 Members rising to points of order
Any member may rise to speak to a point of order upon any breach of these Standing Orders and the member previously speaking is to be seated and stop speaking.
3.14.2 Stating subject matter of point of order
The member rising is to state without explanation precisely the subject matter of the point of order.
3.14.3 Points of order during division
No point of order may be raised during a division except by the permission of the chairperson.
3.14.4 Types of points of order
The following are recognised as substance for points of order:
(a) Where disorder is drawn to the attention of the chairperson; or
(b) Use of disrespectful offensive or malicious language; or
(c) Discussion of a question not before the Pukekiwiriki Paa Reserve Joint Committee; or
(d) Misrepresentation of any statement made by a member or by an officer or employee of the Local Body; or
(e) The breach of any standing order; or
(f) A request that words objected to be recorded in the minutes.
3.14.5 Contradiction not point of order
Rising to express a difference of opinion or to contradict a statement of a previous speaker, does not constitute a point of order.
3.14.6 Decision of chairperson final
The chairperson may decide on any point of order immediately after it has been raised by any member, or may first hear further argument before deciding. The ruling of the chairperson upon any point of order is not open to any discussion and is final.
If a ruling is questioned, the chair is requested to seek advice on the ruling in question but that the chair rule is always final
3.15. VOTING
Members have agreed to aspire to reach decisions by consensus. Where this cannot be achieved the following process will be undertaken:
3.15.1 Decisions to be decided by majority votes
[Unless the Local Government Act 2002 provides otherwise], the acts of the Pukekiwiriki Paa Reserve Joint Committee must be done, and the questions before the Pukekiwiriki Paa Reserve Joint Committee must be decided at a meeting by —
(a) vote, and
(b) the majority of members that are present and voting.
[cl. 24, Schedule 7, LGA]
(See Standing Order 2.5.1)
3.15.2 Chairpersons voting
Unless the Local Government Act 2002 provides otherwise, for the purposes of Standing Order 13.15.1, the chairperson or other person presiding at the meeting —
(a) Has a deliberative vote; and
(b) In the case of an equality of votes, has a casting vote.
3.15.3 Open voting
“An act or question coming before the Pukekiwiriki Paa Reserve Joint Committee must be done or decided by open voting.”
[cI. 24(3), Schedule 7, LGA]
3.15.4 Members may abstain
Any member may abstain from voting.
Any member may abstain from voting and only when a division has been called for may, on request, have their abstention recorded in the minutes (see standing order 3.15.7).
3.15.5 Members may have their votes recorded
Any members vote or abstention must be recorded in the minutes if so requested by that member.
3.15.6 Method of voting
The method of voting shall be as follows
(a) The chairperson in putting the motion shall call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the chairperson, shall be conclusive unless such announcement is questioned immediately by any member; in which event the chairperson shall call a division.
(b) The chairperson or any member may call for a division instead of or after receiving opinion on the voices and taking a show of hands.
(c) Where a suitable electronic voting system is available, that system may be used instead of a show of hands, vote by voices or division and the result displayed shall be notified to the chairperson who shall declare the result.
3.15.7 Division
When a division is called, the Executive Officer or his nominee shall take down the names of the members voting for and against the motion and abstentions and is to hand the list to the chairperson to declare the result. The result of the division shall be entered into the minutes.
3.15.8 Second division
The chairperson may call a second division where there is confusion or error in the original division, unless the same can be otherwise corrected.
3.15.9 Pecuniary interest
“No members may vote or take part in the discussion of any matter at any meeting where they directly or indirectly have any pecuniary interest as defined in law other than an interest in common with the public.”
[Section 6(1), Local Authorities (Members’ Interests) Act]
3.15.10 Declaration of pecuniary interest
Every member present when any matter is raised in which they directly or indirectly have a pecuniary interest apart from any interest in common with the public, is under a duty to fully declare any such interest to the meeting. This disclosure and the subsequent abstention of such members from both discussion and voting on the item, is to be recorded in the minutes.
3.15.11 Pecuniary interest a reason for leaving room
Members who have declared a pecuniary interest in matters to be discussed under Standing Order 3.15.10 should wherever practical leave the meeting room for the full duration of discussion on such matters.
3.15.12 Conflict of interest
Where a member declares a non-pecuniary conflict of interest on any matter, that member may not take part in the discussion or vote on that matter and the declaration and subsequent abstention shall be recorded in the minutes, but the member be required to leave the table, but the member shall not be required to leave the room for that matter
3.16.
QUALIFIED PRIVILEGE
3.16.1 Qualified privilege relating to agenda and minutes
Where a meeting of the Pukekiwiriki Paa Reserve Joint Committee is open to the public during the proceedings or any part thereof, and a member of the public is supplied with a copy of the agenda for the meeting or any part of the minutes of that meeting are provided, the publication of any defamatory matter included in the agenda or in the minutes is privileged unless the publication is proved to have been made with ill will or taking improper advantage of the publication.
[Section 52, LGOIMA]
3.16.2 Qualified privilege relating to oral statements
Any oral statement made at any meeting of the Pukekiwiriki Paa Reserve Joint Committee in accordance with the rules that have been adopted by the Pukekiwiriki Paa Reserve Joint Committee for the guidance and order of its proceedings, is privileged, unless the statement is proved to have been made with ill will or taking improper advantage of the publication.
[s53, LGOIMA]
3.16.3 Qualified privilege additional to any other provisions
The privilege conferred by Standing Order 3.16.2 is in addition to, and not in substitution for, or derogation of any other privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the proceedings of any meeting.
3.17. MAINTENANCE Of PUBLIC ORDER AT MEETINGS
3.17.1 Chairperson may require members of the public to leave meeting
“The chairperson presiding at any meeting may require any member of the public to leave the meeting if it is believed on reasonable grounds that the behaviour of that member of the public is likely to prejudice the orderly conduct of the meeting if that person is permitted to remain.”
[Section 50 LGOIMA]
3.17.2 Removal of members of public
If any member of the public who is required in accordance with Standing Order 3.17.1 to leave a meeting, refuses or fails to leave the meeting or, having left the meeting, attempts to re-enter the meeting without the permission of the chairperson, any police officer or employee of the Local Body may, at the request of the chairperson remove or exclude that member of the public from the meeting.
3.18.
MINUTES OF PROCEEDINGS
3.18.1 Minutes to be evidence of proceedings
“(1) The Pukekiwiriki Paa Reserve Joint Committee must keep minutes of their proceedings.
(2) Minutes of proceedings duly entered and authenticated as prescribed by the Pukekiwiriki Paa Reserve Joint Committee are prima facie evidence of those proceedings.”
[cI. 28, Schedule 7, LGA]
3.18.2 Keeping of minutes
The Executive Officer or his/her designated representative must keep the minutes of meetings. The minutes must record the date, time and venue of the meeting; the names of those members present; identification of the chairperson; apologies tendered and accepted; arrival and departure times of members; any failure of a quorum; a list of speakers from each delegation and the subject of the delegation, and the topics they cover; a list of items considered; resolutions and amendments pertaining to those items; any objections to words used; all divisions taken; names of any members requesting the recording of their abstentions or votes; declarations of pecuniary interest; contempt, censure and removal of any members; resolutions to exclude members of the public; and the time that the meeting concludes or adjourns (see Standing Orders 2.13.3, 3.3.15, 3.5.3, 3.6.3, 3.9.4, 3.15.4, 3.15.5 and 3.15.11).
3.18.3 No discussion on minutes
No discussion may arise on the substance of minutes at any succeeding meeting, except as to their correctness.
3.19. MINUTE BOOKS
3.19.1 Inspection of minute books
The minute books of the Pukekiwiriki Paa Reserve Joint Committee must be kept by the Executive Officer and be open to inspection in accordance with the Local Government Official Information and Meetings Act 1987 and the Local Government Act 2002 (see Standing Order 2.12.13 and 2.12.14).
[Section 51, LGOIMA]
3.19.2 Minutes of last meeting before election
The chairperson and the Executive Officer shall authenticate the minutes of the last meeting of the Pukekiwiriki Paa Reserve Joint Committee prior to the next election of members.
3.20. DEPUTATIONS AND PRESENTATIONS
3.20.1 Deputations where heard
Deputations may be received by the Pukekiwiriki Paa Reserve Joint Committee provided an application for admission setting forth the subject, has been lodged with the Executive Officer or nominee at least five working days before the date of the meeting concerned, and has been subsequently approved by the chairperson. The chairperson may refuse a request for a deputation if in his or her opinion there will be insufficient time to receive the deputation because of the amount of business to be conducted at the meeting or the number of other deputations; or if the deputation is repetitious or offensive; or if the subject matter of the deputation is not relevant to the role of the Pukekiwiriki Paa Reserve Joint Committee or is more appropriate to the business of a different committee or a Local Board, in which case the chairperson may refer the request for a deputation to that other body.
3.20.2 Urgency or major public interest
Notwithstanding Standing Order 3.20.1, where in the opinion of the chairperson the matter which is the subject of a deputation is one of urgency or major public interest the chairperson may determine that the deputation be received.
3.20.3 Deputations and presentations in English or Maori
A deputation or presentation to the Pukekiwiriki Paa Reserve Joint Committee, may be made in English or Mãori. Prior arrangement with the chairperson should be sought at least two working days before the meeting if the address is not in English. The chairperson may order that any speech or document presented be translated and/or printed in another language.
3.20.4 Procedures for deputations
Except with the approval of the Pukekiwiriki Paa Reserve Joint Committee, not more than two members of a deputation may address the meeting. After a presentation is received, members may put to the deputation any question pertinent to the subject heard, but no member may express an opinion upon, or discuss the subject, until the deputation has completed making its submissions and answering questions (see Standing Order 3 16 2 regarding qualified privilege).
3.20.5 Termination of presentation if disrespectful
The chairperson may terminate a presentation in progress which is disrespectful or offensive, or where the chairperson has reason to believe that statements have been made with malice (see Standing Order 3.16.2 regarding qualified privilege).
3.20.6 Time limit on presentation
Unless the meeting determines otherwise in any particular case, a limit of ten minutes is placed on a speaker making a presentation, or if there are two members of the deputation addressing the meeting ten minutes in total for the two speakers.
3.21. PETITIONS
3.21.1 Form of petitions
Every petition presented to the Pukekiwiriki Paa Reserve Joint Committee, must comprise fewer than 150 words (not including signatories) and not be disrespectful nor use offensive language or include statements made with malice (see Standing Orders 3.16.1 and 3.16.2 regarding qualified privilege).
3.21.2 Petition where presented by members
Any member who presents a petition on behalf of the petitioners, is to confine himself/herself to reading the petition and the statement of the parties from which it comes, and the number of signatures attached to it.
3.21.3 Petition in English or Maori
A petition presented to the Pukekiwiriki Paa Reserve Joint Committee may be in English or Mãori. Prior arrangement with the chairperson should be sought at least two working days before the meeting if the petition is not in English. The chairperson may order that any petition be translated and/or printed in another language.
3.21.4 Petition where presented by petitioner
Where a petition is presented by a petitioner, unless the Pukekiwiriki Paa Reserve Joint Committee determines otherwise a limit of five minutes is placed on that person (see Standing Orders 3.16.1 and 3.16.2 regarding qualified privilege). If the chairperson has reason to believe that the petitioner is disrespectful or offensive, or has made statements with malice, the chairperson shall terminate the presentation of the petition.
3.22. Public Forum
A period of up to 30 minutes, or such other time as the Pukekiwiriki Paa Reserve Joint Committee, may determine, will be set aside for a public forum at the commencement of meetings of the Pukekiwiriki Paa Reserve Joint Committee which are open to the public. Each speaker during the public forum section of a meeting may speak for five minutes.
3.22.1 Time extension
Standing orders may be suspended on a vote of not less than 75% of those present to extend the period of public participation or the period any speaker is allowed to speak.
3.22.2 Subjects of public forum
In respect of the Pukekiwiriki Paa Reserve Joint Committee, the public forum is to be confined to those items falling within the terms of reference of that meeting, provided the matter is not sub-judice.
3.22.3 Questions of speakers during public forum
With the permission of the chairperson, members may ask questions of speakers during the period reserved for public forum. Questions by members, if permitted, are to be confined to obtaining information or clarification on matters raised by the speaker.
3.23. QUESTIONS
3.23.1 Questions to officers during debate
In the course of any debate at any meeting, any member may, at the chairperson’s discretion, ask any question of the relevant officer on any matter under debate. Such questions are to be directed through the chair.
3.24. REQUESTS FOR REPORTS
Any requests for new reports to be provided must be by way of formal resolution of the Council or appropriate committee. The Executive Officer or nominee is authorised to delay commissioning any which in his or her opinion would involve significant cost. In that instance the Executive Officer is to report back to the next meeting of the council or appropriate committee with an estimate of cost and seek a direction as to whether the report is to be prepared.
Pukekiwiriki Paa Joint Management Committee 18 November 2014 |
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GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS IN TERMS OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987
The local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds
Al That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely:
(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:
(i) Would disclose a trade secret or
(ii) Would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or
(c) In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of wahi tapu; or
(d) 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:
(i) Would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied;
or
(ii) Would be likely otherwise to damage the public interest; or
(e) Avoid prejudice to measures protecting the health or safety of members of the public; or
(f) Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
(g) Maintain the effective conduct of public affairs through the protection of members, officers or employees of any local authority from improper pressure or harassment; or
(h) Maintain legal professional privilege; or
(i) Enable the local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or
(j) Enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
(k) Prevent the disclosure or use of official information for improper gain or improper advantage.
Provided that where A2 of this Appendix applies the public may be excluded, unless in the circumstances of the particular case, the exclusion of the public is outweighed by other considerations which render it desirable in the public interest that the public not be excluded.
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 the local authority by an Ombudsman under section 30(1) or section 38(3) of the Local Government Official Information and Meetings Act 1987 (in the case of the local authority named or specified in the First Schedule 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 local authority to deliberate in private on its decision or recommendation in
(a) Any proceedings before a local authority where
(i) A right of appeal lies to any Court or Tribunal against the final decision of the local authority in those proceedings or
(II) The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and
(b) Any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971.