I hereby give notice that an extraordinary
meeting of the Hibiscus and Bays Local Board will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 30
October 2019
4:30pm
Torbay
Sailing Club,
948 Beach Road,
Waiake
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Hibiscus and Bays Local Board
OPEN AGENDA
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MEMBERSHIP
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Members
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Gary Brown
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Andy Dunn
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Janet Fitzgerald, JP
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Gary Holmes
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Julia Parfitt, JP
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Alexis Poppelbaum
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Victoria Short
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Leanne Willis
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(Quorum 4 members)
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Gemma Kaldesic
Democracy Advisor for Hibiscus and
Bays Local Board
24 October 2019
Contact Telephone: 02 152 7397
Email: gemma.kaldesic@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Hibiscus and
Bays Local Board
30 October
2019
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ITEM TABLE OF CONTENTS PAGE
1 Mihi
Whakatau (Welcome) 5
2 Welcome
Address 5
3 Apologies 5
4 Declaration 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 Explanation of
laws affecting elected members 17
10 First Business Meeting of
the Hibiscus and Bays Local Board 27
The meeting will be chaired by Lesley Jenkins, Relationship Manager,
Hibiscus-Bays and Rodney Local Boards, 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. Craig Hobbs, Director of Regulatory Services, will
administer the members declarations.
1 Mihi
Whakatau (Welcome)
2 Welcome Address
Craig Hobbs,
Director of Regulatory Services, on behalf of the Chief Executive, will address
the meeting.
3 Apologies
An apology from
Gary Holmes has been received.
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Hibiscus and
Bays Local Board
30 October
2019
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Declaration
by Local Board Members
File No.: CP2019/18439
Te take mō te
pūrongo
Purpose of the report
1. Each
Local Board Member will make an oral declaration and sign a written declaration
in accordance with Schedule 7, Clause 14 of the Local Government Act 2002,
which will be attested by Craig Hobbs, Director of Regulatory Services.
2. Craig
Hobbs, Director of Regulatory 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(2)).
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Gemma Kaldesic – Local Board Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
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Hibiscus and
Bays Local Board
30 October
2019
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Election of Chairperson
File No.: CP2019/18440
Te take mō te
pūrongo
Purpose of the report
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 election of the
Chairperson of the Hibiscus and Bays Local
Board.
Whakarāpopototanga matua
Executive summary
2. The
Local Board must elect a member to this position at the first meeting following
a triennial general election of members. The election must be in accordance
with Schedule 7, clause 25 of the Act. Note 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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Ngā tūtohunga
Recommendation/s
That the Hibiscus and Bays
Local Board:
a) elect
a Chairperson for the 2019 - 2022 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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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Gemma Kaldesic – Local Board Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
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Hibiscus and
Bays Local Board
30 October
2019
|
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Declaration by Chairperson
File No.: CP2019/18441
Te take mō te
pūrongo
Purpose of the report
1. The
Chairperson will make an oral declaration and sign a written declaration, which
will be attested by Craig Hobbs, Director Regulatory Services.
2. Craig
Hobbs, Director Regulatory 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.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
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Gemma Kaldesic - Local Board Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
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Hibiscus and
Bays Local Board
30 October
2019
|
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Address by Chairperson
File No.: CP2019/18442
Te take mō te
pūrongo
Purpose of the report
1. The
newly elected Chairperson will address the Hibiscus and Bays Local Board.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Gemma Kaldesic - Local Board Democracy Advisor
|
|
Authorisers
|
Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
|
|
Hibiscus and
Bays Local Board
30 October
2019
|
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Election of Deputy Chairperson
File No.: CP2019/18443
Te take mō te
pūrongo
Purpose of the report
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
Hibiscus and Bays Local Board.
Whakarāpopototanga matua
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 stipulates 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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Ngā tūtohunga
Recommendation/s
That the Hibiscus and Bays
Local Board:
a) elect a Deputy Chairperson for the 2019 - 2022 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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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
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Gemma Kaldesic - Local Board Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
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|
Hibiscus and
Bays Local Board
30 October
2019
|
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Explanation
of laws affecting elected members
File No.: CP2019/18704
Te take mō te
pūrongo
Purpose of the report
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.
Whakarāpopototanga matua
Executive summary
2. There
are a number of laws affecting members and other core legal requirements that
elected members should be aware of when making decisions. The legislation
that applies both to individual elected member’s actions and collective
decision making includes:
· Local
Authorities (Members’ Interests) Act 1968
· Crimes
Act 1961
· Secret
Commissions Act 1910
· Financial
Markets Conduct Act 2013
· NZX
Listing Rules
· Health
and Safety at Work Act 2015
· Personal
liability of elected members
· Local
Government Official Information and Meetings Act 1987
· Local
Government Act 2002
· Local
Government (Auckland Council) Act 2009
· Other
statutory decision-making requirements
3. This
report and attachment provide 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 Resource Management Act
1991 and 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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Ngā tūtohunga
Recommendation/s
That the Hibiscus and Bays
Local Board:
a) note the general explanation of the laws
affecting elected members.
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Ngā tāpirihanga
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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21
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Ngā kaihaina
Signatories
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Author
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Meredith Webb – Manager Public Law
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Authorisers
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Dani Gardiner - General Counsel
Lesley Jenkins - Relationship Manager
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Hibiscus and
Bays Local Board
30 October
2019
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Hibiscus and Bays
Local Board
30 October
2019
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First Business Meeting of the Hibiscus
and Bays Local Board
File No.: CP2019/18448
Te take mō te
pūrongo
Purpose of the report
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 Hibiscus and Bays Local Board.
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Ngā tūtohunga
Recommendation/s
That the Hibiscus and Bays
Local Board:
a) confirm
that the date for its first business meeting is 21st November
2019.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
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Gemma Kaldesic – Local Board Democracy Advisor
|
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Authorisers
|
Louise Mason – General Manager Local Board
Services
Lesley Jenkins - Relationship Manager
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