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The PDF version of the "Code of Conduct for Members" can be downloaded in its entirety here (183Kb).
Adoption of Code of Conduct
Pursuant to Part 1 Schedule 7 Section 15 of the Local Government Act 2002, “Code of Conduct for Members” was adopted on 27 March 2003.
Understanding and Expectations
All Members must abide by these principles at all times:
- Members must be fair, impartial and intellectually honest and must not allow prejudice or bias, conflict of interest or influence of others to override objectivity.
- A Member must not make, prepare or certify, or permit or direct another person to make, prepare or certify, any statement which the Member knows, believes or ought to know to be false, incorrect or misleading, or open to misconstruction, by reason of the misstatement, omission or suppression of a material fact or otherwise.
- Members must make decisions with due care and diligence.
- Members must behave in a manner consistent with the good reputation of the Council and refrain from any conduct which might bring discredit to the Council.
- Members must behave professionally in all aspects of their professional work. This includes a Member's dealings with the Chief Executive Officer, management and staff, other Members and the general public.
- When a Member has a conflict of interest the Member must disclose the conflict to those involved.
- Members must disclose the nature of the business connections, interests or affiliations, which could be viewed as affecting the Members' judgement or impairing the objective quality of their decisions.
- Members must respect the confidentiality of information acquired in the course of Council business that is not “public information”.
- Members must conduct themselves with courtesy and consideration towards all they come into contact with during their time with Council.
- Members comply with the Council's Corporate Values:
- We will accept responsibility for our actions.
- We will be fair and equitable, being sensitive to the needs of all.
- We will encourage and enable people to be involved in decision-making that affects them.
- We will work together to achieve our common goals.
- We will consistently act with integrity and honesty.
- We will encourage innovation and creativity.
In the absence of specific rules, standards or guidance Members should test their behaviour against the following questions:
- How would I react if I was the other party and a Member behaved like this towards me?
- Have I behaved professionally?
Roles and Responsibilities
Elected Members
Elected members, acting as the Council, are responsible for:
- The development and adoption of Council policy.
- Monitoring the performance of the Council against its stated objectives and policies.
- Prudent stewardship of Council resources.
- Employment and performance reviews of the Chief Executive Officer.
- Representing the interests of the residents and ratepayers of South Waikato District.
Mayor
The Mayor is elected by the District at large and, as one of the elected Members, shares the same responsibilities as other Members of Council. The Mayor also has the following roles as:
- Presiding Member at Council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined by Standing Orders).
- Advocate on behalf of the community. This is most effective when carried out with the knowledge and support of the Council.
- Ceremonial head of Council.
- Providing leadership and feedback to other elected Members on teamwork and chairmanship of committees.
- Justice of the Peace (while the Mayor holds office).
Deputy Mayor
The Deputy Mayor is normally elected by Members of the Council, at the First Meeting of Council. The Deputy Mayor exercises the same roles as elected Members and, if the Mayor is absent or incapacitated, the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers of the Mayor (per above). Removal from office occurs by resolution of Council.
Committee Chairperson
The Committee Chairperson presides over all meetings of the Committee, ensuring that the Committee acts within the powers delegated by Council and as set out in the Council's Delegations Manual. Removal from office occurs by resolution of Council.
Chief Executive
Appointed by the Council in accordance with Section 42 of the Local Government Act 2002, the Chief Executive is responsible for implementing and managing the Council's policies and objectives within the budgetary constraints established by the Council. In terms of Section 42 of the Act, the responsibilities of the Chief Executive are:
- Implementing the decisions of Council.
- Providing advice to the Council and Tirau Community Board.
- Ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by the Act, regulation or bylaw are properly performed or exercised.
- Managing the activities of South Waikato District Council effectively and efficiently.
- Maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the South Waikato District Council.
- Providing leadership for the staff of South Waikato District Council.
- Employing staff on behalf of South Waikato District Council (including negotiation of the terms of employment of staff).
Conflicts of Interest
Elected Members must ensure that they maintain a clear separation between their personal interests and their duties as elected Member, thus are free from bias (whether real or perceived).
Compliance
Elected Members must note that they are bound to comply with the provisions of this Code of Conduct in accordance with Section 15(4) of the Act.
Members are also bound by:
- The Local Government Act 2002
- The Local Authorities (Members' Interests) Act 1968
- The Local Government Official Information and Meetings Act 1987
- The Secret Commissions Act 1910
- The Crimes Act 1961
- The Securities Act 1978.
Local Government Official Information and Meetings Act 1987
This Act is to:
- Make official information held by local authorities more freely available
- Provide for proper access by each person to official information relating to that person which is held by local authorities
- Provide for the admission of the public to meetings of local authorities
- Protect official information held by local authorities and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy
- Establish procedures for the achievement of those purposes.
Secret Commissions Act 1910
It is unlawful for an elected Member (or Officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to Council. If convicted of any offence under this Act a person can be imprisoned for up to two years, or fined up to $1,000, or both. A conviction therefore would trigger the ouster provisions of the Local Government Act 2002 and result in removal of the Member from office.
Crimes Act 1961
It is unlawful for an elected Member (or officer) to:
- Accept or solicit themselves any gift or reward for acting or not acting in relation to the business of Council.
- Use information gained in the course of their duties for their, or another person's, monetary gain or advantage.
These offences are punishable by a term of imprisonment of seven years or more. Elected Members convicted of these offences will be automatically removed from office.
Securities Act 1978
This Act places elected Members in the same position as company directors whenever Council offers stock to the public. Elected Members may be personally liable if investment documents (eg, prospectus) contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.
Local Authorities' (Members' Interests) Act 1968
The Act provides that an elected Member is disqualified from office if that Member is concerned or interested in contracts under which payments made by or on behalf of South Waikato District Council exceed $25,000 in any financial year.
Elected Members are prohibited from participating in any Council decision or voting on any matter in which they have a pecuniary interest, other than an interest in common with the general public (including Members' spouses' contracts).
The Chief Executive Officer must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 limit. Failure to comply may mean, in the event of a conviction, elected members can be removed from office.
Disqualification of Members from Office
Elected Members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years' imprisonment, or if they cease to be or lose their status as an elector or for certain breaches of the Local Authorities' (Members' Interests) Act 1968.
Undischarged Bankrupt's Disclosure
Bankruptcy does raise questions about soundness of a person's financial management skills and judgement in general. Council can require a new Member or newly elected Member to declare their status as an undischarged bankrupt.
Changing the Code of Conduct
Once adopted, a Code of Conduct continues in force until it is amended by Council. The Code can be amended at any time but cannot be revoked unless the Council replaces it with another Code. Once adopted, amendment of the Code requires a vote in support of the amendment of 75% of Members of Council present.
Triennial Review
Council will formally review the Code as soon as practicable after the beginning of each triennium.
Note : A breach of Code does not constitute a breach under the Local Government Act 2002.
Principles of Neutrality During an Election Period
- During the period commencing three months prior to Election Day, Council will not do anything that will promote, or could be seen to promote, the re-election prospects of any Member of Council or its Community Board(s). Members recognise and acknowledge that the use of Council resources for re-election purposes is unacceptable, and possibly unlawful.
- During the period commencing three months prior to Election Day, Council communications will, as much as possible, be framed in such a way that avoids promoting, or being seen to promote, the re-election prospects of any Member of Council or its Community Board(s).
- Members will avoid communicating through any Council-based medium in such manner that promotes, or could be seen as promoting, their own re-election.
- For the purpose of (1) and (2) above, “Election Day” means the day on which voting closes on any election issue relating to the Council, whether the triennial local elections, or any by-election conducted by the Council.
Complaints Procedure
Scope
Any member of the public in the Council's District may make a complaint about a breach by a current Elected Member of the “Understanding and Expectations” or “Principles of Neutrality During an Election Period” sections of this Code of Conduct. A complaint may not be made about any other matter under the Code or any matter dealt with under a Statute.
Making a complaint
Complaints should be addressed to the Chief Executive and must:
- Be in writing.
- Specify the Elected Member about whom the complaint is being made.
- Specify the alleged breach of the Code.
- Contain evidence to support the allegation of a breach.
Referral to Independent Person
On receipt of a complaint the Chief Executive must, unless he or she has good reason not to do so, refer the complaint to an Independent Person recommended by the Waikato District Law Society as being suitable for investigating the complaint (“the Independent Person”). The Independent Person may receive reasonable remuneration.
Good reasons for refusing to refer the complaint include:
- That the complaint is frivolous or vexatious.
- That the complaint concerns a matter outside the scope of the Code.
- That the matter is already being dealt with under the Code or any other process.
- That there has been undue delay in making the complaint.
Immediately after the Chief Executive refers the complaint to the Independent Person, he or she must send letters to the Complainant and the Elected Member concerned, notifying them that the Independent Person has been appointed and explaining the process that is to be followed. A copy of the complaint must be given to the Elected Member.
Independent Person to Prepare Report
The Independent Person must prepare a report which makes findings on matters of fact and provides the Independent Person's views on whether or not the Code of Conduct has been breached as alleged. No recommendation should be made on the issue of sanctions.
In preparing the report, the Independent Person must ask for comment, both from the Complainant and the Elected Member concerned, and collect whatever documentary evidence he or she considers necessary.
For the avoidance of doubt, no formal hearing will be held by the Independent Person in preparing his or her report.
Independent person to deliver report to Chief Executive
On completion of his or her report, the Independent Person must deliver the report to the Chief Executive.
The Chief Executive must then put the report on the agenda for the first Council meeting that is scheduled at least ten working days from the date on which he or she received the report.
The Chief Executive must also forward a copy of the report to both the Complainant and the Elected Member concerned and invite them to make written submissions to the Council, giving them a reasonable period in which to do so.
Council to Consider Report
The Independent Person must present his or her report to the Council at the designated meeting and answer questions. Both the Complainant and the Elected Member concerned must then be given an opportunity to present their submissions to the Council.
A decision on whether or not the Code of Conduct has been breached shall be made by an ordinary resolution of the Council. The Elected Member about whom the complaint has been made may not vote on such a resolution.
Responses to Breaches of the Code
The exact nature of the action Council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.
Where there are statutory provisions:
- Breaches relating to Members' interests render members liable for prosecution by the Auditor General under the Local Authority (Members' Interest) Act 1968.
- Breaches which result in Council suffering financial loss or damage may be reported on by the Auditor General under the Local Government Act 2002, which may result in the member having to make good the loss or damage.
- Breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.
Council Decision to Apply Sanctions
A decision to apply one or more of these sanctions requires a Council resolution to that effect.
Annotations
Res No Date Subject/Description
112/03 27/03/03 Policy adopted.
271/04 12/08/04 “Principles of Neutrality” added.
585/05 05/12/05 “Complaints Procedure” added.
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