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Governance Rules
Procedure at meetings - sections 41 to 50
Sections 41 to 50 of part three of chapter two in the Governance Rules.

3.41 Disagreement with Chairperson’s ruling

3.41.1 A Councillor may move that the meeting disagree with the Chairperson’s ruling on a point of order by moving:
That the Chairperson’s ruling [stating that ruling or part of that ruling] be dissented from
3.41.2 When a motion in accordance with this Rule is moved and seconded the Chairperson must leave the chair and the Deputy Mayor (or if there is no Deputy Mayor a temporary Chairperson elected by the meeting) must take their place.
3.41.3 The Deputy Mayor or temporary Chairperson must invite the mover to state the reasons for their dissent and the Chairperson may then reply.
3.41.4 The Deputy Mayor or temporary Chairperson must put the motion in the following form:
That the Chairperson’s ruling be dissented from
3.41.5 If the vote is in the negative the Chairperson resumes the chair and the meeting proceeds.
3.41.6 If the vote is in the affirmative the Chairperson must then resume the chair reverse their previous ruling and proceed.
3.41.7 The defeat of the Chairperson’s ruling is in no way a motion of censure or no-confidence and must not be so regarded by the meeting.

3.42 Procedure for point of order

A councillor raising a point of order must:

3.42.1 State the point of order; and
3.42.2 State any section rule paragraph or provision relevant to the point of order.

3.43 Valid points of order

A point of order may be raised in relation to:

3.43.1 A motion which should not be accepted by the chairperson under these rules;
3.43.2 A question of procedure; or
3.43.3 Any act of disorder.

3.44 Procedural motions

3.44.1 Unless otherwise prohibited a procedural motion may be moved at any time and once seconded must be dealt with immediately by the chairperson.
3.44.2 A procedural motion requires a seconder.
3.44.3 Notwithstanding any other provision in these rules procedural motions must be dealt with in accordance with the following table:

Procedural motions table

Procedural motion Form Mover and seconder When motion prohibited Effect if carried Effect if lost Debate permitted on motion
1. adjournment of debate to later hour and/or date That this matter be adjourned to *am/pm and/or *date Any councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion
  1. During the election of a chairperson;
  2. When another councillor is speaking
 Motion and amendment is postponed to the stated time and/or date Debate continues unaffected Yes
2. adjournment of debate indefinitely That this matter be adjourned until further notice Any councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion
  1. During the election of a chairperson;
  2. When another councillor is speaking;
  3. When the motion would have the effect of causing council to be in breach of a legislative requirement
 Motion and amendment postponed but may be resumed at any later meeting if on the agenda Debate continues unaffected Yes
3. the closure That the motion be now put Any councillor who has not moved or seconded the Substantive motion Or otherwise spoken To the substantive Motion During nominations for chairperson Motion or amendment in respect of which the closure is carried is put to the vote immediately without debate  subject to any councillor exercising their right to ask any question concerning or arising out of the motion

Debate continues unaffected

No
4. proceeding to next business That the meeting proceed to the next business Note: this motion:
  1. May not be amended;
  2. May not be debated; and
  3. Must be put to the vote as soon as seconded
Any councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion
  1. During the election of a chairperson;
  2. When another councillor is speaking;
  3. When a motion would have the effect of causing council to be in breach of a legislative requirement
 If carried in respect of:
  1. An amendment council considers the motion without reference to the amendment;
  2. A motion - no vote or further discussion on the motion until it is placed on an agenda for a later council meeting
 Debate continues unaffected No

3.45 Repititious motions

Once a meeting has rejected a motion with or without amendment similar motions to the same effect even in a different form are considered to be out of order at that meeting. A motion similar to an amendment to a motion already dealt with at a meeting is also not permissible. However the matter can be legitimately raised again at a subsequent meeting in accordance with the provisions of these rules.

3.46 Notices of motion

3.46.1 Councillors wanting to include a matter on the agenda may submit a notice of motion to the chief executive officer.
3.46.2 A notice of motion must:
3.46.2.1 Be signed by the councillor lodging the notice of motion;
3.46.2.2 Be lodged with the chief executive officer not less than two working days before the agenda is due to be published to enable the chief executive officer to give each other councillor notice of such notice of motion; and
3.46.2.3 Relate to the objectives role and functions of council as outlined in the act.  
3.46.3 A notice of motion must call for an officer report if the notice of motion proposes any action that:
3.46.3.1 Impacts the levels of council services;
3.46.3.2 Commits council to expenditure greater than $100 000 that is not included in the adopted budget;
3.46.3.3 Proposes to establish extend or amend council policy;
3.46.3.4 Proposes to impact the rights of any person who has not had the opportunity to contribute their views;
3.46.3.5 Commits council to a contractual arrangement; and/or
3.46.3.6 Concerns any litigation in respect of which the city is a party
Unless the matter to be considered by the notice of motion is urgent business in which rule 3.46.11 applies.
3.46.4 The chief executive officer must reject any notice of motion that:
3.46.4.1 Is vague;
3.46.4.2 Is identical or substantially similar to a notice of motion or other motion that has been considered by council in the preceding six (6) months;
3.46.4.3 Is defamatory;
3.46.4.4 May be prejudicial to any person or council;
3.46.4.5 Is objectionable in language or nature;
3.46.4.6 Is outside the powers of council; and/or
3.46.4.7 Does not meet the requirements of clause 3.46.3.
3.46.5 The chief executive officer may reject a notice of motion if it:
3.46.5.1 Relates to a matter that can be addressed through the operational service request process; or
3.46.5.2 Relates to a matter that has previously been resolved by council or is acted upon.
3.46.6 If rejecting a notice of motion the chief executive officer must:
3.46.6.1 Inform the councillor who lodged it of that rejection and the reasons for the rejection within 24 hours of receiving the notice of motion;
3.46.6.2 Give the councillor who lodged it an opportunity to amend it which must be completed within 24 hours;
3.46.6.3 If the notice of motion cannot be amended to the satisfaction of the chief executive officer notify the councillor who lodged it that it will be rejected and explain the reasons for the rejection; and
3.46.6.4 When a notice of motion is to be rejected or wording changed by the chief executive officer the councillor proposing the notice of motion may request the chief executive officer consult with the mayor to seek their advice on the chief executive officer’s ruling and interpretation before the chief executive officer’s final decision.
3.46.7 The full text of any notice of motion accepted by the chief executive officer must be included in the agenda. The chief executive officer must cause all notices of motion to be numbered dated and entered in the notice of motion book in the order in which they were received.
3.38.1 Except by leave of council each notice of motion must be considered in the order in which they were received by the chief executive officer.
3.46.8 If a councillor who has given a notice of motion is absent from the meeting or fails to move the motion when called upon by the chairperson any other councillor may move the motion.
3.46.9 If a notice of motion is not moved at the meeting at which it is listed it lapses.
3.46.10 The chief executive officer may designate a notice of motion to be confidential in accordance with the act in which case the notice of motion will be considered in a session of a meeting that is closed to members of the public.
3.46.11 If the matter to be considered by the notice of motion is urgent then:
3.46.11.1 The provisions in these rules relating to urgent business apply; and
3.46.11.2 To assist councillors to make an informed decision regarding an urgent notice of motion the chief executive officer must provide a written report to councillors regarding the implications of the matters to be considered in the proposed notice of motion and that report must be published online before the meeting where it is reasonably practicable to do so.

3.47 Notice of rescission

3.47.1 A notice of rescission is a form of notice of motion and accordingly all provisions in these rules regulating notices of motion equally apply to notices of rescission.
3.47.2 Motions to revoke rescind or alter a previous resolution can be made:
3.47.2.1 By a notice of rescission delivered to the chief executive officer;
3.47.2.2 By recommendation contained in a report by a city officer and included in the agenda that a previous resolution be altered or revoked.
3.47.3 A councillor may propose a notice of rescission provided that:
3.47.3.1 The resolution proposed to be rescinded has not been acted on;
3.47.3.2 The effect of rescinding the resolution will not place the council at significant legal financial or other risk including non-compliance with statutory obligations; and
3.47.3.3 The resolution proposed to be rescinded has not been acted upon; and
3.47.3.4 The notice of rescission is delivered to the chief executive officer and sets out:
3.47.3.4.1 The resolution to be rescinded; and
3.47.3.4.2 The meeting and date at which the resolution was made.
3.47.4 A resolution will be deemed to have been acted on if:
3.47.4.1 Its contents have or substance has been formally communicated to a person whose interests are materially affected by it; or
3.47.4.2 A statutory process has been commenced
So as to vest enforceable rights in or obligations on council or any other person.
3.47.5 The chief executive officer or an appropriate city officer must defer implementing a resolution that:
3.47.5.1 Has not been acted on; and
3.47.5.2 Is the subject of a notice of rescission which has been delivered to the chief executive officer in accordance with this rule
Unless deferring implementation of the resolution would place the council at significant legal financial or other risk.

3.48 Loss of motion for rescission

If a notice for rescission is lost a similar notice may not be put before council for at least two (2) months from the date it was last lost unless council resolves that the notice of rescission be re-listed at a future meeting.

3.49 Notice for rescission not moved

If a notice for rescission is not moved at the meeting at which it is listed it lapses.

3.50 Any councillor to move notice of rescission

A Notice for Rescission listed on an agenda may be moved by any Councillor present but may not be amended.