I hereby give notice that the inaugural meeting of the Rodney Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 1 November 2022 1:00pm Kaukapakapa
Hall |
Rodney Local Board
OPEN AGENDA
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MEMBERSHIP
Members |
Brent Bailey |
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Michelle Carmichael |
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Mark Dennis |
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Tim Holdgate |
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Louise Johnston |
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Colin Smith |
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Geoff Upson |
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Ivan Wagstaff |
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Guy Wishart |
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(Quorum 5 members)
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Robyn Joynes Democracy Advisor
18 October 2022
Contact Telephone: 021 244 7177 Email: robyn.joynes@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Rodney Local Board 01 November 2022 |
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A pōwhiri will proceed the formal part of the meeting
1 Welcome address 5
2 Apologies 5
3 Declaration by Local Board Members 7
4 Election of chairperson 9
5 Declaration of chairperson 13
6 Address by chairperson 15
7 Election of deputy chairperson 17
8 Explanation of the laws that affect elected members 21
9 First business meetings of the Rodney Local Board 31
From item 7 onwards the newly elected chairperson will chair the meeting.
1 Welcome address
Craig Hobbs, Director Regulatory Services, on behalf of the chief executive will address the meeting.
2 Apologies
At the close of the agenda no apologies had been received.
01 November 2022 |
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Declaration by Local Board Members
File No.: CP2022/15009
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 Regulatory Services.
2. Craig Hobbs, Director Regulatory Services, by way of Memorandum from the Chief Executive, is authorised to administer the local board members’ declarations at this meeting in accordance with the provisions of the Local Government Act 2002 (Schedule 7, Clause 14(2)).
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
Rodney Local Board 01 November 2022 |
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File No.: CP2022/15010
Te take mō te pūrongo
Purpose of the report
1. To elect the chairperson of the Rodney Local Board for the 2022-2025 electoral term.
Whakarāpopototanga matua
Executive summary
2. A local board must elect a chairperson from among its members at the first meeting following a general election.
3. The chairperson is responsible for leading the local board, must preside at its meetings (unless they vacate the chair position for a particular meeting) and has the authority to represent the local board, including as media spokesperson. Their leadership role includes supporting members of the local board to understand what is expected of them, encouraging good working relationships between members as well as with staff, stakeholders and constituents. The general expectations of the role of a local board chairperson are outlined in Auckland Council’s Governance Manual.
4. The election of a chairperson must be done in accordance with Clause 25, Schedule 7 of the Local Government Act 2002 which provides two systems of voting (System A and System B). The local board will need to determine (by resolution) what system they will use to elect a chairperson.
· Voting System A includes multiple rounds of voting if no candidate is successful in receiving a majority of votes during the first round. For subsequent rounds of voting, the candidate with the fewest votes in the previous round will be excluded. If two or more candidates tie for the lowest number of votes during a round, the person excluded from the next round is resolved by lot.
· Voting System B includes only one round of voting and considers the successful candidate to be the one who received more votes than any other candidate. A tie between candidates will be resolved by lot.
Context
Voting methods
6. The two voting systems that the local board can use for the election of its chairperson are provided for under Clause 25, Schedule 7 of the Local Government Act 2002:
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 two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
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 one round of voting; and
(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.
7. Auckland Council’s Governance Manual outlines the following expectations of the role of a local board chairperson (or deputy chairperson in their absence):
· provide strong leadership and inspire the local board
· build and maintain relationships to develop a collegial local board that is able to work effectively together and reach consensus to deliver the local board’s vision and priorities
· be accountable for the local board relationship with iwi (chief-to-chief)
· develop a strong working relationship with key stakeholders and senior council staff
· chair local board meetings effectively abiding by standing orders and the code of conduct
· represent the local board, and the wider Auckland Council as appropriate, including in a civic and community role (such as citizenship ceremonies) and as the spokesperson to the media
· promote and support the principles of good governance
· work with the governing body and council committees to provide local board input to regional decisions and to regional strategies, policies and plans
· ensure local board members understand what is expected of them, monitor their performance and hold them to account.
8. When a chairperson is absent or prevented by illness or other cause from performing their responsibilities and duties, or exercising the powers or his or her office, the deputy chairperson is required to perform the responsibilities and duties of the chairperson.
9. If a member holding the chairperson role chooses to resign from (elected member) office, a vacancy will arise upon receipt of their notice of resignation (by the chief executive). The deputy chairperson will become the acting chairperson and will perform the responsibilities and duties of the chairperson until one is elected.
10. To fill a chairperson vacancy, the local board must meet and follow the process in Clause 25 of Schedule 7 of the Local Government Act 2002.
11. In some circumstances (for example, to avoid a deadlocked board), it may be appropriate to contemplate a split term chairperson arrangement. Local boards may agree to split the electoral term into two consecutive fixed term periods, with different chairpersons appointed for each period. Resolutions must name the individual local board member appointed for each period and the period for which they are appointed.
12. In the event of a vacancy of a chairperson role before the end of their allotted part of the split term, the local board should meet and elect a new chairperson for that allotted part in accordance with Clause 25, Schedule 7 of the Local Government Act 2002.
Recommendation/s
That the Rodney Local Board:
a) agree to use System A or System B of Clause 25, Schedule 7 of the Local Government Act 2002 to elect its chairperson
b) elect a chairperson for the 2022-2025 electoral term.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
Rodney Local Board 01 November 2022 |
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File No.: CP2022/15011
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 newly elected chairperson will assume the chair position for the remainder of the meeting.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
Rodney Local Board 01 November 2022 |
|
File No.: CP2022/15012
Te take mō te pūrongo
Purpose of the report
1. The newly elected chairperson will address the Rodney Local Board.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
Rodney Local Board 01 November 2022 |
|
Election of deputy chairperson
File No.: CP2022/15013
Te take mō te pūrongo
Purpose of the report
1. To elect the deputy chairperson of the Rodney Local Board for the 2022-2025 electoral term.
Whakarāpopototanga matua
Executive summary
2. A local board may elect a deputy chairperson from among its members at its first meeting following a general election.
4. The election of a deputy chairperson must be done in accordance with Schedule 7, Clause 25 of Local Government Act 2002 which provides two systems of voting (System A and System B). The local board will need to determine (by resolution) what system they will use before electing its deputy chairperson.
· Voting System A includes multiple rounds of voting if no candidate is successful in receiving the votes of the majority of members during the first round of voting. For subsequent rounds of voting, the candidate with the fewest votes in the previous round will be excluded. If two or more candidates tie for the lowest number of votes during a round, the person excluded from the next round is resolved by lot.
· Voting System B includes only one round of voting and considers the successful candidate to be the one who received more votes than any other candidate. A tie between candidates will be resolved by lot.
Context
Voting methods
5. The two voting systems that the local board can utilise for the election of its chairperson and deputy chairperson is provided for under Schedule 7, Part 1, Clause 25 of the Local Government Act 2002:
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 two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
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 one round of voting; and
(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.
Duties and responsibilities of the deputy chairperson
6. The deputy chairperson’s primary responsibility is to act as the chairperson in the chairperson’s absence. They must perform all the responsibilities and duties, and may exercise all the powers, of the chairperson —
(a) with the consent of the chairperson, at any time during the temporary absence of the chairperson
(b) without that consent, at any time while the chairperson is prevented by illness or other cause from performing the responsibilities and duties, or exercising the powers, of his or her office:
(c) while there is a vacancy in the office of the chairperson.
7. In the absence of proof to the contrary, a deputy chairperson acting as chairperson is presumed to have the authority to do so.
8. Auckland Council’s Governance Manual outlines the following expectations of the role of a local board chairperson (or deputy chairperson in their absence):
· provide strong leadership and inspire the local board
· build and maintain relationships to develop a collegial local board that is able to work effectively together and reach consensus to deliver the local board’s vision and priorities
· be accountable for the local board relationship with iwi (chief-to-chief)
· develop a strong working relationship with key stakeholders and senior council staff
· chair local board meetings effectively abiding by standing orders and the code of conduct
· represent the local board, and the wider Auckland Council as appropriate, including in a civic and community role (such as citizenship ceremonies) and as the spokesperson to the media
· promote and support the principles of good governance
· work with the governing body and council committees to provide local board input to regional decisions and to regional strategies, policies and plans
· ensure local board members understand what is expected of them, monitor their performance and hold them to account.
Resignation or removal
9. Should a resignation or vacancy arise during the triennium, Section 3.3 of the Governance Manual outlines the process for filling this vacancy.
Split term arrangements
10. In some circumstances (for example, to avoid a deadlocked local board), it may be appropriate to contemplate a split term deputy chairperson arrangement. Local boards may agree to split the electoral term into two consecutive fixed term periods, with different deputy chairpersons appointed for each period. Resolutions must name the individual local board member appointed for each period and the period for which they are appointed.
11. In the event of a vacancy of a deputy chairperson role before the end of their allotted part of the split term, the local board should meet and elect a new deputy chairperson for that allotted part in accordance with clause 25, Schedule 7 of the Local Government Act 2002.
Recommendation/s
That the Rodney Local Board:
a) agree to utilise System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 to elect its deputy chairperson
b) elect a deputy chairperson for the 2022-2025 electoral term.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
Rodney Local Board 01 November 2022 |
|
Explanation of the laws that affect elected members
File No.: CP2022/15015
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
Recommendation/s
That the Rodney Local Board:
a) note the general explanation of the laws affecting elected members.
Attachments
No. |
Title |
Page |
a⇩ |
Law Affecting Elected Member - Core Legal Requirements |
23 |
Ngā kaihaina
Signatories
Author |
Meredith Webb – Manager Public Law – Legal Service |
Authorisers |
Helen Wild – General Counsel Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |
01 November 2022 |
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First business meetings of the Rodney Local Board
File No.: CP2022/15016
Te take mō te pūrongo
Purpose of the report
1. To confirm the first two business meetings of the Rodney Local Board.
Whakarāpopototanga matua
Executive summary
2. Local boards need to adopt a meeting schedule and give advance notice to members of when it will meet.
3. The requirements to give notice of meetings to members are contained in the Local Government Act 2002. Notice must not be less than 14 days prior to the meeting, or if a schedule is adopted, not less than 14 days prior to the first meeting on the schedule. Where this notice cannot be given, meetings are called under the provisions for extraordinary meetings.
4. Based on the identified needs for decisions, staff recommend that the local board hold its first meeting no later than 24 November 2022 and look to schedule another meeting within the following two weeks.
5. A schedule of meetings for the term will be adopted by the local board at a future meeting. This meeting schedule is expected to consist of one monthly meeting at a set time of the month.
Recommendation/s
That the Rodney Local Board:
a) confirm Wednesday 16 November 2022, 10am at the Orewa Service Centre, 50 Centreway Road, Orewa as the date and time for its first business meeting
b) confirm Wednesday 7 December 10am, (venue to be confirmed) as the date and time for its second business meeting.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Robyn Joynes - Democracy Advisor |
Authorisers |
Louise Mason - General Manager Local Board Services Lesley Jenkins - Local Area Manager |