2020-11-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




                                                       Page 68 of 131

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              10 NOVEMBER 2020

   ee

                   5.2  The chairperson should ask the relevant councillor with the suspected personal
                        interest whether they have any prescribed or declarable conflict of interest in the
                        matter. If the councillor agrees they have a conflict of interest, the councillor must
                        follow the relevant procedures above.
                   5.3  If the councillor believes they do not have a conflict of interest, they must inform the
                        meeting of that belief and their reasons for that belief.
                   5.4  The non-conflicted councillors must then decide whether the councillor has a
                        prescribed conflict of interest, a declarable conflict of interest or that the councillor
                        does not have a prescribed or declarable conflict of interest in the matter. If the
                        meeting decides the councillor has a conflict of interest, the councillor must follow the
                        relevant procedures above.
                   5.5  If the councillors cannot reach a majority decision then they are taken to have
                        determined that the councillor has a declarable conflict of interest.
           6.    Loss of quorum
                   6.1  In the event where one or more councillors leave a meeting due to a prescribed or
                        declarable conflict of interest in a matter that results in a loss of a quorum for deciding
                        the matter, the council must resolve to:
                           e  delegate the consideration and decision on the matter, pursuant to section 257
                              of the LGA or section 238 of the COBA; or
                           e  defer the matter to a later meeting
                           e  not to decide the matter and take no further action in relation to the matter.

                        All councillors including the conflicted councillors, may participate in deciding to
                        delegate or defer a matter.
                   6.2  The council must not delegate a decision to an entity if the entity, or a majority being
                        at least half of its members, has a prescribed or declarable conflict of interest in the
                        matter.
                   6.3  If the matter cannot be delegated under an Act, the council should seek ministerial
                        approval for the councillors to be able to consider and vote on the matter, subject to
                        any conditions the Minister for Local Government may impose.
           7.    Recording prescribed and declarable conflicts of interest
           When a councillor informs a meeting that they or another councillor have a prescribed or
           declarable conflict of interest in a matter, the minutes of the meeting must record all of the relevant
           details of how the conflict of interest was dealt with, being:
           e   the name of any councillor and any other councillor who may have a prescribed or declarable
               conflict of interest
           e   the particulars of the prescribed or declarable conflict of interest provided by the councillor

                                                                                                           12

                                                                                                     Page 68 of 131