I hereby give notice that the inaugural meeting of the Ōtara-Papatoetoe Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 5 November 2019

6:30PM

Ngā Kete Wānanga Marae, MIT, NC Block, Gate 12,
Otara Road,
Otara

 

Ōtara-Papatoetoe Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

 

 

Deputy Chairperson

 

 

Members

Apulu Reece Autagavaia

 

 

Dr Ashraf Choudhary, QSO, JP

 

 

Ofa Dewes

 

 

Lotu Fuli

 

 

Swanie Nelson

 

 

Ross Robertson, QSO, JP

 

 

Dawn Trenberth

 

 

(Quorum 4 members)

 

 

 

Carol McGarry

Democracy Advisor Otara-Papatoetoe

 

29 October 2019

 

Contact Telephone:  +64 27 591 5024

Email: carol.mcgarry@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration by Local Board Members                                                                         6

4          Election of Chairperson                                                                                                7

5          Declaration by Chairperson                                                                                          9

6          Address by Chairperson                                                                                             11

7          Election of Deputy Chairperson                                                                                 13

8          Mayor's Address                                                                                                          15

9          Explanation of laws affecting elected members                                                      17

10        First Business Meeting of the Ōtara-Papatoetoe Local Board                               27  

 

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

1          Welcome

           

            Ian Maxwell, Director Customer & Community Services, on behalf of the Chief Executive will address the meeting.

 

2          Apologies

 

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


 

 

Declaration by Local Board Members

File No.: CP2019/18431

 

  

 

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 the Director Customer & Community Services.

2.       Director Customer & Community 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

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Election of Chairperson

File No.: CP2019/18432

 

  

 

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 Ōtara-Papatoetoe 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.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe 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.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Declaration by Chairperson

File No.: CP2019/18433

 

  

 

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 the Director Customer & Community Services.

2.       Director Customer & Community 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

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Address by Chairperson

File No.: CP2019/18434

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       The newly elected Chairperson will address Ōtara-Papatoetoe Local Board.

 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Election of Deputy Chairperson

File No.: CP2019/18435

 

  

 

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 Ōtara-Papatoetoe 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.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe 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.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Mayor's Address

File No.: CP2019/18436

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       If the Mayor is in attendance, he will be provided with the opportunity to address the meeting.

 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

Explanation of laws affecting elected members

File No.: CP2019/18696

 

  

 

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.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

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

 

 

 

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Laws Affecting Elected Members - Core Legal Requirements

19

     

Ngā kaihaina

Signatories

Authors

Meredith Webb - Manager Public Law

Authorisers

Dani Gardiner - General Counsel

Stephen Town - Chief Executive

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager, Mangere-Otahuhu and Otara-Papatoetoe Local Boards

 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 


 


 


 


 


 


 


 


Ōtara-Papatoetoe Local Board

05 November 2019

 

 

First Business Meeting of the Ōtara-Papatoetoe Local Board

File No.: CP2019/18438

 

  

 

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 Ōtara-Papatoetoe Local Board.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      confirm the date for its first business meeting.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Carol McGarry - Democracy Advisor Otara-Papatoetoe

Authorisers

Louise Mason - GM Local Board Services

Victoria Villaraza - Relationship Manager

     

    



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