I hereby give notice that the inaugural meeting of the Kaipātiki Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 2 November 2016 6:30pm Kaipātiki
Local Board Office |
Kaipātiki Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
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Deputy Chairperson |
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Members |
John Gillon |
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Paula Gillon |
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Danielle Grant |
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Ann Hartley, JP |
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Kay McIntyre, QSM |
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Anne-Elise Smithson |
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Adrian Tyler |
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Lindsay Waugh |
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(Quorum 4 members)
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Blair Doherty Kaipatiki Local Board Democracy Advisor
26 October 2016
Contact Telephone: (09) 484 8856 Email: Blair.Doherty@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Kaipātiki Local Board 02 November 2016 |
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1 Welcome 7
2 Apologies 7
3 Declarations by Local Board Members 9
4 Election of Chairperson 11
5 Declaration by Chairperson 13
6 Address by Chairperson 15
7 Election of Deputy Chairperson 17
8 Mayor's Address
If the Mayor is in attendance he will be given the opportunity to address the meeting.
9 Explanation of laws affecting elected members 19
10 First Business Meeting of the Kaipātiki Local Board 27
The meeting will be chaired by Eric Perry, Relationship Manager, on behalf of the Chief Executive, for items 1, 2, 3, 4, 5, 6 and 7. From item 8 onwards, the newly elected Chairperson will chair the meeting. Stephen Town, Chief Executive, will administer the members’ declarations.
1 Mihi Whakatau (Welcome)
Speech of welcome and prayer.
2 Welcome Address
Stephen Town, Chief Executive, will address the meeting.
3 Apologies
At the close of the agenda no apologies had been received.
Kaipātiki Local Board 02 November 2016 |
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Declarations by Local Board Members
File No.: CP2016/20451
Purpose
1. Each Local Board Member will make an oral declaration and sign a written declaration, which will be attested by the Chief Executive.
2. The Chief Executive is authorised to administer the members’ declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14).
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There are no attachments for this report.
Signatories
Authors |
Lee Manaia - Local Board Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Eric Perry - Relationship Manager |
Kaipātiki Local Board 02 November 2016 |
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File No.: CP2016/20453
Purpose
1. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Relationship Manager, on behalf of the Chief Executive, will call for nominations for the Chairperson of the Kaipātiki Local Board.
Executive summary
2. The Local Board must elect a member to this position in accordance with Schedule 7, clause 25 of the Act, noting that no member has a casting vote.
3. The Local Board will need to determine (by resolution) what method they will apply to elect the chairperson – System A or System B.
Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 states that:
25 Voting systems for certain appointments
(1) This clause applies to -
(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c) the election or appointment of the chairperson and deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local authority.
(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:
(a) the voting system in subclause (3) (system A):
(b) the voting system in subclause (4) (system B).
(3) System A -
(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
(b) has the following characteristics:
(i) there is a first round of voting for all candidates; and
(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
(4) System B -
(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
(b) has the following characteristics:
(i) there is only 1 round of voting; and
(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.
That the Kaipātiki Local Board: a) elect a chairperson for the 2016-2019 political term, utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002.
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There are no attachments for this report.
Signatories
Authors |
Lee Manaia - Local Board Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Eric Perry - Relationship Manager |
Kaipātiki Local Board 02 November 2016 |
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File No.: CP2016/20454
Purpose
1. The Chairperson will make an oral declaration and sign a written declaration, which will be attested by the Chief Executive.
2. The Chief Executive, is authorised to administer the Chairperson’s declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14).
3. The Chairperson will assume the chair for the remainder of the meeting.
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There are no attachments for this report.
Signatories
Authors |
Lee Manaia - Local Board Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Eric Perry - Relationship Manager |
Kaipātiki Local Board 02 November 2016 |
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File No.: CP2016/20455
Purpose
1. The newly elected Chairperson will address the Board.
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There are no attachments for this report.
Signatories
Authors |
Lee Manaia - Local Board Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Eric Perry - Relationship Manager |
Kaipātiki Local Board 02 November 2016 |
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Election of Deputy Chairperson
File No.: CP2016/20456
Purpose
1. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Chairperson will call for nominations for the Deputy Chairperson of the Kaipātiki Local Board.
Executive summary
2. The Local Board must elect a member to the Deputy Chairperson position in accordance with Schedule 7, clause 25 of the Act.
3. The Local Board will also need to determine (by resolution) what method they will apply to elect the Deputy Chairperson.
Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 states that:
25 Voting systems for certain appointments
(1) This clause applies to -
(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c) the election or appointment of the chairperson and deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local authority.
(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:
(a) the voting system in subclause (3) (system A):
(b) the voting system in subclause (4) (system B).
(3) System A -
(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
(b) has the following characteristics:
(i) there is a first round of voting for all candidates; and
(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
(4) System B -
(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
(b) has the following characteristics:
(i) there is only 1 round of voting; and
(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.
That the Kaipātiki Local Board: a) elect a Deputy Chairperson for the 2016-2019 political term, utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002.
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There are no attachments for this report.
Signatories
Authors |
Lee Manaia - Local Board Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Eric Perry - Relationship Manager |
Kaipātiki Local Board 02 November 2016 |
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Explanation of laws affecting elected members
File No.: CP2016/21707
Purpose
1. At the first meeting after the three-yearly local election, elected members are required to receive a general explanation of the laws that affect them as elected members.[1] This report provides that explanation.
Executive summary
2. There are a number of core legal requirements that elected members should be aware of when making decisions. These are the:
· Local Government Act 2002;
· Local Government (Auckland Council) Act 2009;
· Local Government Official Information and Meetings Act 1987;
· Local Authorities (Members’ Interests) Act 1968;
· Health and Safety at Work Act 2015;
· Crimes Act 1961;
· Secret Commissions Act 1910;
· Financial Markets Conduct Act 2013;
· Council decision-making requirements;
· Personal liability of elected members; and
· Public law decision-making principles.
3. This report and attachment provides an explanation of these core legal requirements.
4. In addition to these core legal requirements, there are many other statutes relevant to certain council decisions (for example the Reserves Act 1977).
5. Elected members will receive advice from staff on a case-by-case basis to ensure that they understand their legal obligations when making decisions.
That the Kaipātiki Local Board: a) note the general explanation of the laws affecting elected members.
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No. |
Title |
Page |
a⇩ |
Laws Affecting Elected Members - Core Legal Requirements |
21 |
Signatories
Authors |
Dani Gardiner – Manager Public Law |
Authorisers |
Katherine Anderson - Director Legal and Risk Karen Lyons - General Manager Local Board Services Eric Perry - Relationship Manager |
02 November 2016 |
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First Business Meeting of the Kaipātiki Local Board
File No.: CP2016/20458
Purpose
1. Pursuant to the requirements of clause 21(5)(d) of Schedule 7 of the Local Government Act 2002, a date has to be set for the first business meeting of the Kaipātiki Local Board.
That the Kaipātiki Local Board: a) confirm that its first business meeting will be held at 2.00pm on Wednesday 23 November 2016 Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield.
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There are no attachments for this report.
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Karen Lyons - General Manager Local Board Services Eric Perry - Relationship Manager |