Agenda of Extraordinary Meeting of the Papakura Local Board

I hereby give notice that an extraordinary meeting of the Papakura Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 3 November 2016

6:30pm

Hawkins Theatre
13 Ray Small Drive
Papakura

Papakura Local Board

OPEN AGENDA

MEMBERSHIP

Chairperson
Deputy Chairperson
Members	Felicity Auva’a
	Brent Catchpole
	Hon George Hawkins, QSO
	Bill McEntee
	Michael Turner
	Katrina Winn

(Quorum 3 members)

Trish Wayper

Local Board Democracy Advisor

17 October 2016

Contact Telephone: (09) 295 1331

Email: Patricia.Wayper@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Papakura Local Board

03 November 2016

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 Papakura Local Board 25

The meeting will be chaired by Rex Hewitt, 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. The Chief Operating Officer will administer the members’ declarations.

1 Mihi Whakatau (Welcome)

Speech of welcome and prayer.

2 Welcome Address

The Chief Operating Officer, on behalf of the Chief Executive, will address the meeting.

3. Apologies

At the close of the agenda no apologies had been received.

Papakura Local Board

03 November 2016

Declarations by Local Board Members

File No.: CP2016/21243

Purpose

1. Each Local Board Member will make an oral declaration and sign a written declaration, which will be attested by the Chief Operating Officer.

2. The Chief Operating Officer, 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

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

Papakura Local Board

03 November 2016

Election of Chairperson

File No.: CP2016/21244

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 Papakura 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

(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.

Recommendation/s

That the Papakura 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.

Attachments

There are no attachments for this report.

Signatories

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

Papakura Local Board

03 November 2016

Declaration by Chairperson

File No.: CP2016/21245

Purpose

1. The Chairperson will make an oral declaration and sign a written declaration, which will be attested by the Chief Operating Officer.

2. The Chief Operating Officer, 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

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

Papakura Local Board

03 November 2016

Address by Chairperson

File No.: CP2016/21246

Purpose

1. The newly elected Chairperson will address the Board.

Attachments

There are no attachments for this report.

Signatories

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

Papakura Local Board

03 November 2016

Election of Deputy Chairperson

File No.: CP2016/21247

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 Papakura 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

(d) the election or appointment of a representative of a local authority.

(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

(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.

Recommendation/s

That the Papakura 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.

Attachments

There are no attachments for this report.

Signatories

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

Papakura Local Board

03 November 2016

Explanation of laws affecting elected members

File No.: CP2016/21713

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.

Recommendation/s

That the Papakura Local Board:

a) note the general explanation of the laws affecting elected members.

Attachments

No.	Title	Page
a ⇩	Laws Affecting Elected Members - Core Legal Requirements	19

Signatories

Authors

Dani Gardiner – Manager Public Law

Authorisers

Katherine Anderson - Director Legal and Risk

Karen Lyons - Manager, Local Board Services

Papakura Local Board

03 November 2016

First Business Meeting of the Papakura Local Board

File No.: CP2016/21248

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 Papakura Local Board.

Recommendation/s

That the Papakura Local Board:

a) confirm the date for its first business meeting.

Attachments

There are no attachments for this report.

Signatories

Authors

Trish Wayper - Local Board Democracy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Rex Hewitt - Relationship Manager

[1] Clause 21(5)(c) Schedule 7 Local Government Act 2002.