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Auckland
Development Committee
13 August 2015
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Local
Government (Auckland Council) Act 2003 Amendment Bill (No 3) Auckland Council's
Submission
File No.: CP2015/16069
Purpose
1. To seek endorsement of the council’s submission to the Local
Government and Environment Committee on the Local Government (Auckland Council)
Amendment Bill (No 3).
Executive
summary
2. The government
has introduced to parliament the Local Government (Auckland Council) Amendment
Bill (No 3) (the Bill). The purpose of the Bill is to prevent local board
members from serving on more than one local board at the same time.
3. The council has
commented on this topic twice previously in submissions to the government. Our
position has been that elected members should be able to sit on one local board
only at a time and that the LGACA should be amended to reflect this. This is in
support of the current Bill. Staff are recommending that the same position be
submitted in response to the current Bill.
4. A proposed
amendment to the Bill has also been put forward, which is that the current
membership of two or more local boards will not be affected at the commencement
of this Bill. Staff recommend supporting this proposed amendment, suggesting
the change takes effect at the 2016 elections.
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Recommendation
That the Auckland Development Committee:
a) endorse
Auckland Council’s submission to the Local Government
(Auckland Council) Amendment Bill (No 3)
b) authorise the
delegation of any editorial changes to the submission to the chair and deputy chair of the Auckland Development Committee.
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Comments
Local
Government (Auckland Council) Amendment Bill (No 3)
5. The LGACA does not currently
prevent local board candidates standing for, and being elected to, more than
one local board at the same time.
6. The
purpose of the Bill seeks to ‘prohibit candidates from serving on multiple
boards at the same time’. This is sought through a proposed amendment to the
LGACA section 11 (Membership of local boards). Specifically inserting the
following as a new subsection - ‘11(2)(c) must not serve as a member on 2 or
more local boards at the same time.’
7. The
reasons given for this Bill are that the current law allows for a reduced
number of local board members undermining the efficacy and fairness of the
local electoral system and, where a person serves as a member of multiple local
boards, conflicts of interest are probable.
8. A
proposed amendment to the Bill has also been put forward (through a
supplementary order paper), that this change would not affect the current
tenure of any local board member who is a member of two or more local boards at
the commencement of the Bill.
Auckland
Council’s draft submission
9. Auckland
Council has commented on this topic twice previously in submissions to the
government:
a) December 2013 in
our submission to the Justice and Electoral Select Committee as part of its
inquiry into the 2013 Local Government Election
b) February 2014 in our submission to the Environment and Local
Government Committee on the Local Government Act 2002
Amendment Bill (No 3).
10. In both our previous submissions on this
topic we have presented the same position and it is recommended that we do so
again in response to the current Bill.
11. The
council’s draft submission is at Attachment A. In support of the position that
elected members should be able to sit on one local board only at a time the
submission states:
a) membership of
more than one local board at a time has the potential to create the perception
of conflicts of interest as local boards are required to represent local
interests in their area.
b) experience has shown that local board
members have heavy workloads, particularly the full time chairperson role.
Membership of multiple boards potentially reduces the ability of the person
concerned to effectively represent the views and preferences of the different
local communities.
12. The submission also proposes that candidates
should still be able to stand for more than one local board, but would have to
choose which local board to sit on if they were elected to more than one.
Again, this point affirms the council’s previous position. It is noted in our
submission that in implementing this Bill, consideration will need to be given
to the process and timeframe a candidate elected to two or more local boards
must follow in order to choose which local board they serve on.
13. In response to the proposed amendment to the
Bill, that current membership of local boards would not be affected by the
commencement of this Bill, our
submission strongly supports
this. We support this change taking effect from the 2016 local elections.
Local
board views and implications
14. During the
2010-13 electoral term three candidates were elected to more than one local
board. This increased to five local board members after the 2013 elections.
Attachment B lists a table of local board members currently serving on more
than one local board.
15. Membership of
local board members on more than one local board was discussed in January 2014
at a local board briefing on the Local Government Act
2002 Amendment Bill (No 3). Below are some of the points raised at that
briefing, some of which are reflected in the council’s existing position.
a) Recommending
elected members sit on only one local board does not take into account the
wider position of membership on multiple bodies i.e. elected members sitting on
District Health Boards.
b) The performance
of members once elected is what should be of importance, not the number of
boards they sit on.
c) Perceived
conflicts of interest by a member sitting on more than one board.
d) There is an
issue of representation if members sit on more than one board, as there would
be less local board members in total across Auckland.
16. Local boards have had the opportunity to provide formal feedback on
this topic previously, in 2014 in response to the LGA 2002 Amendment Bill (No
3). At this time, the majority of local boards did not provide any feedback. Of
the seven local boards that did provide feedback, six commented on this topic -
one in support and four not in support of the council’s position (one board
noted they did not wish to comment on this topic).
17. To inform the
council’s current submission on the LGACA Amendment Bill (No 3), informal local
board views (i.e. not by way of resolution) have been sought. Five boards chose
to comment, two in support of the council’s position and three to note that
they did not want to provide feedback on this issue.
Maori
impact statement
18. The
changes proposed in the Bill relate only to how many local boards an elected
member could serve on at a time. The changes proposed would apply to all local
board members, they do not affect Maori candidacy for local board membership.
There are no related impacts on Maori from this report.
Implementation
19. If the Bill
passes and takes effect for the 2016 elections, it will be necessary to
communicate this change in legislation to local board member candidates
standing for election.
20. If a local board candidate is elected to more than one local board
the council may need to consider the process and timeframe for them to follow
in order to choose which local board they serve on.
Attachments
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No.
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Title
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Page
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aView
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Submission to the Local Government and Environment
Committee Local Government (Auckland Council) Amendment Bill (No 3)
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9
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bView
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Local Board members on more than one local board
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13
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Signatories
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Authors
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Christine Gulik – Principal Advisor
Policy and Planning – Local Board Services
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Authorisers
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Karen Lyons - Manager Local Board Services
Jim Quinn - Chief of Strategy
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Auckland
Development Committee
13 August 2015
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Submission to the
Local Government and Environment Committee
Local Government (Auckland
Council) Amendment Bill (No 3)
13 August 2015
Introduction
1. This is Auckland Council’s
submission in response to the Local
Government (Auckland Council) Amendment Bill (No 3).
2. The address for service is Auckland Council, Private Bag 92300, Victoria
Street West, Auckland 1142.
3. Please
direct any enquiries to Phil Wilson, Governance Director. Phone 027 451 0834 or
email phil.wilson@aucklandcouncil.govt.nz.
4. Auckland Council does not wish to appear before the Local Government and
Environment Select Committee to discuss this submission.
5. This submission has been approved by the governing body of Auckland Council.
Recommendation
6. Auckland Council:
a. supports the prohibition on local board members serving on multiple local boards at the
same time
b. supports the prohibition not affecting any local board member who currently serves
on two or more local boards
c. notes that clause 5(3) is
no longer required (clause 5(3) proposes to amend section 11(4) of the Local
Government (Auckland Council) Act 2009 (LGACA), but section 11(4) was removed
from LGACA in 2014).
Background
7. Local boards were established as
part of Auckland Council’s governance structure in the LGACA. Local boards have
an important role to play in Auckland, representing their local communities and making
decisions on local issues, activities and facilities. Local boards have been a success of the new
governance structure in Auckland.
8. The LGACA does not prevent local
board candidates standing for, and being elected to, more than one local board
at the same time. During the 2010-13 electoral term, three local board members
served as a member of more than one local board. During the 2013-2016 electoral
term this has increased to five local board members.
9. Auckland Council has
commented on this topic twice previously in submissions to the government:
a. December 2013 to the
Justice and Electoral Select Committee as part of its inquiry into the 2013
Local Government Election
b. February 2014 to the
Environment and Local Government Committee regarding the Local Government Act 2002 Amendment Bill (No 3).
10. In both our previous
submissions on this topic we have presented the same position, which we are
presenting again here in response to the Local Government (Auckland Council)
Amendment Bill (No 3).
Comment
11. Membership of more than one local board at a time has the
potential to create the perception of conflicts of interest as local boards are
required to represent local interests in their area. Experience has shown that
board members have heavy workloads, particularly the full time chairperson
role. It is currently possible for a successful candidate to chair one local
board and sit as a member of another. Membership of multiple boards potentially
reduces the ability of the person concerned to effectively represent the views
and preferences of their different local communities.
12. We suggest that elected members
should be able to sit on one local board only at a time and support the
proposed amendments to the LGACA to reflect this. This would ensure full representation in all local
board areas. Candidates should still be able to stand for several
boards but would have to choose which board to sit on if they were elected to
more than one.
13. We note that if a candidate is
elected to more than one local board consideration will need to be given to the
process and timeframe in which they have to make their choice as to which local
board to serve on.
14. We strongly support the proposed
amendment to this Bill in the new clause 6, that current membership of local
boards would not be affected by the commencement of this Bill. We support this
change taking effect from the 2016 local elections.
15. We note that clause 5(3) is no longer required in the
Bill. Clause 5(3) proposes to amend section 11(4) of LGACA, however section
11(4) was removed from LGACA in 2014, through the Local Government Act 2002
Amendment Act 2014.
