Those powers which cannot legally be delegated:
(a) the power to make a
rate; or
(b) the power to make a
bylaw; or
(c) the power to borrow money, or
purchase or dispose of assets, other than in accordance with the long term
council community plan; or
(d) the power to adopt a
long term plan, annual plan, or annual report; or
(e) the power to appoint a
Chief Executive; or
(f) the power to adopt policies
required to be adopted and consulted on under the Local Government Act 2002 in
association with the long term plan or developed for the purpose of the local
governance statement; or
(g) the power to adopt a remuneration and employment
policy.
Additional responsibilities retained by the Governing Body:
(a) Approval of a draft long term
plan or draft annual plan prior to community consultation
(b) Approval of a draft bylaw prior
to community consultation
(c) Resolutions required to be made
by a local authority under the Local Electoral Act 2001, including the
appointment of electoral officer
(d) Adoption of, and amendment to, the
Committee Terms of Reference, Standing Orders and Code of Conduct
(e) Relationships with the
Independent Māori Statutory Board, including the funding agreement and
appointments to committees.
(f) Approval of the Unitary Plan
(g) Overview
of the implementation of the Auckland Plan through setting direction on key
strategic projects (e.g. the City Rail Link and the alternative funding
mechanisms for transport) and receiving regular reporting on the overall
achievement of Auckland Plan priorities and performance measures.
EXCLUSION OF THE
PUBLIC – WHO NEEDS TO LEAVE THE MEETING
Members of the public
All members of the public must leave the meeting when the
public are excluded unless a resolution is passed permitting a person to remain
because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to know”
basis where access to the information is required in order for a person to
perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Staff
·
All staff supporting the meeting (administrative, senior
management) remain.
·
Only staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the matter
affects, or is relevant to, a particular Local Board area.
Independent Māori Statutory Board (IMSB)
·
Members of the IMSB who are appointed members of the meeting
remain.
·
Other IMSB members and IMSB staff remain if this is necessary in
order for them to perform their role.
Council-Controlled Organisations (CCOs)
·
Representatives of a CCO can remain only if required to for
discussion of a matter relevant to the CCO.
2 Apologies
An apology from
Cr JG Walker has been received.
3 Declaration of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
4 Confirmation of Minutes
|
There were no
minutes to be confirmed.
|
5 Acknowledgements and Achievements
At the close of
the agenda no requests for acknowledgements had been received.
6 Petitions
At the close of
the agenda no requests to present petitions had been received.
7 Public Input
Standing Order 3.21
provides for Public Input. Applications to speak must be made to the Committee
Secretary, in writing, no later than two (2) working days prior to the
meeting and must include the subject matter. The meeting Chairperson has the
discretion to decline any application that does not meet the requirements of
Standing Orders. A maximum of thirty (30) minutes is allocated to the
period for public input with five (5) minutes speaking time for each
speaker.
At the close of
the agenda no requests for public input had been received.
8 Local Board Input
Standing Order
3.22 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give two (2) days notice of their wish to
speak. The meeting Chairperson has the discretion to decline any application
that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 3.9.14 to speak to matters on the
agenda.
At the close of
the agenda no requests for local board input had been received.
9 Extraordinary Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item that is
not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority 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(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“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 local authority; 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
local authority for further discussion.”
10 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
