I hereby give notice that the inaugural meeting of the Ōrākei Local Board will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 3
November 2016
6:30pm
St Chads
Church and Community Centre
38 St Johns Road
Meadowbank
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Ōrākei Local Board
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Chairperson
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Members
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Troy Churton
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Carmel Claridge
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Colin Davis, JP
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Toni Millar, QSM, JP
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Kit Parkinson
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Ros Rundle
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David Wong
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(Quorum 4 members)
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Kim Lawgun
Democracy Advisor
27 October 2016
Contact Telephone: 021 302 163
Email: kim.lawgun@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Ōrākei
Local Board
03 November
2016
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ITEM TABLE OF CONTENTS PAGE
1 Mihi
Whakatau (Welcome) 5
2 Welcome
Address 5
3 Apologies 5
4 Declarations by
Local Board Members 7
5 Election of
Chairperson 9
6 Declaration by
Chairperson 11
7 Address by
Chairperson 13
8 Election of
Deputy Chairperson 15
9 Mayor's Address
If the Mayor
is in attendance he will be given the opportunity to address the meeting.
10 Explanation
of laws affecting elected members 17
11 First
Business Meeting of the Ōrākei Local Board 25
The meeting will be chaired by Adam
Milina, Relationship Manager, on behalf of the Chief Executive, for items 1, 2,
3, 4, 5 and 6. From item 7 onwards, the newly elected Chairperson will
chair the meeting. Barry Potter, Director, Infrastructure and Environmental
Services will administer the members’ declarations.
1 Mihi Whakatau (Welcome)
Speech of welcome.
2 Welcome Address
Barry Potter, Director, Infrastructure and Environmental Services, on
behalf of the Chief Executive, will address the meeting.
3 Apologies
At the close of the agenda no apologies had been received.
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Ōrākei
Local Board
03 November
2016
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Declarations
by Local Board Members
File No.: CP2016/19094
Purpose
1. Each Local Board Member will make an oral declaration and sign a
written declaration, which will be attested by the Director, Infrastructure and Environmental Services.
2. The Director, Infrastructure and Environmental Services, by way of
Memorandum from the Chief Executive, is authorised to administer the
members’ declarations at this meeting in accordance with the provisions
of the Local Government Act 2002 (Schedule 7, clause 14).
Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Election of Chairperson
File No.: CP2016/19095
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 Ōrākei 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.
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Recommendation/s
That the Ōrākei
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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Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Declaration by Chairperson
File No.: CP2016/19096
Purpose
1. The Chairperson will make an oral declaration and sign a written
declaration, which will be attested by the Director, Infrastructure and
Environmental Services.
2. The Director, Infrastructure and Environmental Services, by way of Memorandum from the Chief
Executive, is authorised to administer the Chairperson’s declarations at
this meeting in accordance with the provisions of the Local Government Act 2002
(Schedule 7, clause 14).
3. The Chairperson will assume the chair for the remainder of the
meeting.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Address by Chairperson
File No.: CP2016/19101
Purpose
1. The newly elected Chairperson will address the Board.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Election of Deputy Chairperson
File No.: CP2016/19109
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
Ōrākei 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.
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Recommendation/s
That the Ōrākei
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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Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Explanation of laws affecting elected members
File No.: CP2016/21700
Purpose
1. At
the first meeting after the three-yearly local election, elected members are
required to receive a general explanation of the laws that affect them as
elected members.[1]
This report provides that explanation.
Executive
summary
2. There
are a number of core legal requirements that elected members should be aware of
when making decisions. These are the:
- Local Government Act 2002
- Local Government (Auckland Council) Act 2009
- Local Government Official Information and
Meetings Act 1987
- Local Authorities (Members’ Interests)
Act 1968
- Health and Safety at Work Act 2015
- Crimes Act 1961
- Secret Commissions Act 1910
- Financial Markets Conduct Act 2013
- Council decision-making requirements
- Personal liability of elected members
- Public law decision-making principles.
3. This
report and attachment provides an explanation of these core legal
requirements.
4. In
addition to these core legal requirements, there are many other statutes
relevant to certain council decisions (for example the Reserves Act
1977).
5. Elected
members will receive advice from staff on a case-by-case basis to ensure that
they understand their legal obligations when making decisions.
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Recommendation/s
That the Ōrākei
Local Board:
a) note the general explanation of the laws
affecting elected members.
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Attachments
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No.
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Title
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Page
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a⇩ 
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Laws Affecting Elected Members - Core Legal Requirements
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19
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Signatories
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Authors
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Dani Gardiner – Manager Public Law
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Authorisers
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Katherine Anderson - Director Legal and Risk
Karen Lyons - General Manager Local Board Services
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Ōrākei
Local Board
03 November
2016
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Ōrākei
Local Board
03 November
2016
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First Business Meeting of the Ōrākei Local
Board
File No.: CP2016/20499
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 Ōrākei
Local Board.
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Recommendation/s
That the Ōrākei
Local Board:
a) confirm
Thursday, 8 December 2016, 5.00pm, at the St Chads Church and Community
Centre, 38 St Johns Road, Meadowbank for its first business meeting.
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Attachments
There are no attachments for
this report.
Signatories
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Author
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Kim Lawgun - Democracy Advisor
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Authorisers
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Adam Milina - Relationship Manager - Albert-Eden &
Ōrākei Local Boards
Karen Lyons - General Manager Local Board Services
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