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Albert-Eden
Local Board
08 June 2021
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ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration
by Albert-Eden Local Board Member-elect Will McKenzie 7
4 Explanation
of laws affecting elected members 9
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Albert-Eden
Local Board
08 June 2021
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Declaration
by Albert-Eden Local Board Member-elect Will McKenzie
File No.: CP2021/07175
Te take mō te pūrongo / Purpose of the report
1. To
provide an opportunity for the new local board member-elect to make an oral
declaration in accordance with the Local Government Act 2002 (Schedule 7,
clause 14).
Whakarāpopototanga matua / Executive summary
2. A
vacancy was created within the Albert-Eden Local Board following the
resignation of former Albert-Eden Local Board member Benjamin Lee.
3. Following-on
from the recently completed Auckland Council local board by-election, Will
McKenzie was elected to the Albert-Eden Local Board.
4. In
line with Schedule 7, clause 14 of Local Government Act 2002, the newly elected
board member will make an oral declaration and sign a written declaration,
which will be attested by the Albert-Eden Local Board Chairperson.
5. The
Albert-Eden Local Board chairperson is authorised to administer the elected
member’s declaration during the meeting in accordance with the provisions
of the Local Government Act 2002 (Schedule 7, clause 14).
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Ngā tūtohunga / Recommendation/s
That the Albert-Eden Local
Board:
a) receive
the declaration made by Member W McKenzie pursuant to Schedule 7, clause 14,
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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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason - GM Local Board Services
Nina Siers - Local Area Manager
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Albert-Eden
Local Board
08 June 2021
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Explanation of laws affecting elected
members
File No.: CP2021/07176
Te take mō te
pūrongo
Purpose of the report
1. Newly-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 members’ 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 Albert-Eden 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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11
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Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason - GM Local Board Services
Nina Siers - Local Area Manager
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