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Governance Rules
Disclosure of conflicts of interest
Chapter six of the Governance Rules.
  1. Introduction

    The following Rules in this Chapter apply only upon Division 1A of Part 4 of the Local Government Act 1989 being repealed1.

  2. Definition

    In this Chapter:

    3. 2.1 “meeting conducted under the auspices of Council” means a meeting of the kind described in section 131(1) of the Act and includes a meeting referred to in Rule 1 of Chapter 6 (whether such a meeting is known as a ‘Councillor Briefing’ or by some other name); and
    2.2 a member of a Delegated Committee includes a Councillor.
  3. Disclosure of a Conflict of Interest at a Council Meeting

    A Councillor who has a conflict of interest in a matter being considered at a Council meeting at which they:

    3.1 are present must disclose that conflict of interest by explaining the nature of the conflict of interest to those present at the Council meeting immediately before the matter is considered; or
    3.2 intend to be present must disclose that conflict of interest by providing to the Chief Executive Officer before the Council meeting commences a written notice:
    3.2.1 advising of the conflict of interest;
    3.2.2 explaining the nature of the conflict of interest; and
    3.2.3 detailing if the nature of the conflict of interest involves a Councillor’s relationship with or a gift from another person the:
      3.2.3.1 name of the other person;
    3.2.3.2 nature of the relationship with that other person or the date of receipt value and type of gift received from the other person; and
    3.2.3.3 nature of that other person’s interest in the matter
    and then immediately before the matter is considered at the meeting announcing to those present that they have a conflict of interest and that a written notice has been given to the Chief Executive Officer under this sub-Rule. The Councillor must in either event leave the Council meeting immediately after giving the explanation or making the announcement (as the case may be) and not return to the meeting until after the matter has been disposed of.
  4. Disclosure of Conflict of Interest at a Delegated Committee Meeting

    A member of a Delegated Committee who has a conflict of interest in a matter being considered at a Delegated Committee meeting at which they:

    4.1 are present must disclose that conflict of interest by explaining the nature of the conflict of interest to those present at the Delegated Committee meeting immediately before the matter is considered; or
    4.2 intend to present must disclose that conflict of interest by providing to the Chief Executive Officer before the Delegated Committee meeting commences a written notice:
    4.1.1 advising of the conflict of interest;
    4.2.2 explaining the nature of the conflict of interest; and
    4.2.3 detailing if the nature of the conflict of interest involves a member of a Delegated Committee’s relationship with or a gift from another person the:
    4.2.3.1 name of the other person;
    4.2.3.2 nature of the relationship with that other person or the date of receipt value and type of gift received from the other person; and
    4.2.4 nature of that other person’s interest in the matter
    and then immediately before the matter is considered at the meeting announcing to those present that they have a conflict of interest and that a written notice has been given to the Chief Executive Officer under this sub-Rule. The member of a Delegated Committee must in either event leave the Delegated Committee meeting immediately after giving the explanation or making the announcement (as the case may be) and not return to the meeting until after the matter has been disposed of.
  5. Disclosure of a Conflict of Interest at a Community Asset Committee Meeting

    A Councillor who has a conflict of interest in a matter being considered at a Community Asset Committee meeting at which they:

    5.1 are present must disclose that conflict of interest by explaining the nature of the conflict of interest to those present at the Community Asset Committee meeting immediately before the matter is considered; or
    5.2 intend to present must disclose that conflict of interest by providing to the Chief Executive Officer before the Community Asset Committee meeting commences a written notice:
    5.2.1 advising of the conflict of interest;
    5.2.2 explaining the nature of the conflict of interest; and
    5.2.3 detailing if the nature of the conflict of interest involves a member of a Councillor’s relationship with or a gift from another person the:
    5.2.3.1 name of the other person;
    5.2.3.2 nature of the relationship with that other person or the date of receipt value and type of gift received from the other person; and
    5.2.4 nature of that other person’s interest in the matter
    and then immediately before the matter is considered at the meeting announcing to those present that they have a conflict of interest and that a written notice has been given to the Chief Executive Officer under this sub-Rule.

    The Councillor must in either event leave the Committee Asset Committee meeting immediately after giving the explanation or making the announcement (as the case may be) and not return to the meeting until after the matter has been disposed of.

  6. Disclosure at a Meeting Conducted Under the Auspices of Council

    A Councillor who has a conflict of interest in a matter being considered by a meeting held under the auspices of Council at which they are present must:

    7. 6.1 disclose that conflict of interest by explaining the nature of the conflict of interest to those present at the meeting immediately before the matter is considered;
    6.2 absent themself from any discussion of the matter; and
    6.3 as soon as practicable after the meeting concludes provide to the Chief Executive Officer a written notice recording that the disclosure was made and accurately summarising the explanation given to those present at the meeting.
  7. Disclosure by Members of Council Staff Preparing Reports for Meetings
    8. 7.1 A City officer who in their capacity as a City officer has a conflict of interest in a matter in respect of which they are preparing or contributing to the preparation of a Report for the consideration of a:
    7.1.1 Council meeting;
    7.1.2 Delegated Committee meeting;
    7.1.3 Community Asset Committee meeting
    must immediately upon becoming aware of the conflict of interest provide a written notice to the Chief Executive Officer disclosing the conflict of interest and explaining the nature of the conflict of interest.
    7.2 The Chief Executive Officer must ensure that the Report referred to in sub-Rule 7.1 records the fact that a City officer disclosed a conflict of interest in the subject-matter of the Report.
    7.3 If the City officer referred to in sub-Rule 7.1 is the Chief Executive Officer:
    7.3.1 the written notice referred to in sub-Rule 7.1 must be given to the Mayor; and
    7.3.2 the obligation imposed by sub-Rule 7.2 may be discharged by any other City officer responsible for the preparation of the Report.
  8. Disclosure of Conflict of Interest by Members of Council Staff in the Exercise of Delegated Power
    9. 8.1 A City officer who has a conflict of interest in a matter requiring a decision to be made by the City officer as delegate must immediately upon becoming aware of the conflict of interest provide a written notice to the Chief Executive Officer explaining the nature of the conflict of interest.
    8.2 If the City officer referred to in sub-Rule 8.1 is the Chief Executive Officer the written notice must be given to the Mayor.
  9. Disclosure by a City officer in the Exercise of a Statutory Function
    10. 9.1 A City officer who has a conflict of interest in a matter requiring a statutory function to be performed under an Act by the City officer must upon becoming aware of the conflict of interest immediately provide a written notice to the Chief Executive Officer explaining the nature of the conflict of interest.
    9.2 If the City officer referred to in sub-Rule 9.1 is the Chief Executive Officer the written notice must be given to the Mayor.
  10. Retention of Written Notices

    The Chief Executive Officer must retain all written notices received under this Chapter for a period of three years.

1 - At the time of making these Rules the date on which Division 1A of Part 4 of the Local Government Act 1989 is expected to be repealed is 24 October 2020.