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ELECTED MEMBERS’HANDBOOKTE PUKAPUKA MĀ NGĀ MEMA I KŌWHIRIA
OCTOBER 2016
CONTENTS
NGĀ IHIRANGI
ABOUT WAIKATO REGIONAL COUNCIL MŌ TE KAUNIHERA – A ROHE O WAIKATO
PARTNERING WITH OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
OUR VALUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ROLES AND RESPONSIBILITIES NGĀ KAWENGA ME NGĀ HAEPAPA
COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ELECTED MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
THE GOVERNANCE ROLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
THE CHAIRPERSON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
THE DEPUTY CHAIRPERSON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
COMMITTEE CHAIRPERSONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
THE DIFFERENCE BETWEEN GOVERNANCE AND MANAGEMENT 7
SALARIES, ALLOWANCES AND REIMBURSEMENTS NGĀ UTU KAIMAHI, NGĀ TAHUA ME NGĀ UTU WHAKAEA
SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ALLOWANCES AND REIMBURSEMENTS . . . . . . . . . . . . . . . . . . . . . . 8
CLAIMS PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CODE OF CONDUCT NGĀ TIKANGA WHANONGA
RELATIONSHIPS WITH OTHER ELECTED MEMBERS . . . . . . . . . . 10
RELATIONSHIPS WITH STAFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONFLICTS OF INTEREST NGĀ TAUTOHE NGAIO
FINANCIAL CONFLICTS OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . 12
NON-FINANCIAL CONFLICTS OF INTEREST . . . . . . . . . . . . . . . . . . 12
DISCLOSING THE CONFLICT OF INTEREST . . . . . . . . . . . . . . . . . . . 12
INITIAL DISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ONGOING DISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
MANAGING THE RISKS ASSOCIATED WITH THE CONFLICT OF
INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
DECISION MAKING NGĀ WHIRIWHIRI WHAKATAU
PRINCIPLES FOR MAKING GOOD DECISIONS . . . . . . . . . . . . . . . . 14
GOVERNANCE STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
COUNCIL AND COMMITTEE MEETINGS . . . . . . . . . . . . . . . . . . . . . 14
INFORMATION MANAGEMENT AND COMMUNICATIONS TE WHAKAHAERE PĀRONGO ME NGĀ TUKU KŌRERO
OFFICIAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
CONFIDENTIAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ELECTED MEMBER INFORMATION REQUESTS . . . . . . . . . . . . . . . 18
EXTERNAL COMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
MEDIA MONITORING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CONTACT WITH THE NEWS MEDIA . . . . . . . . . . . . . . . . . . . . . . . . 19
ELECTRONIC COMMUNICATIONS AND USING SOCIAL MEDIA . 20
ELECTED MEMBERS’ SUPPORT AND FACILITIES NGĀ ARA TAUTOKO MĀ NGĀ MEMA I KŌWHIRIA
THE DEMOCRACY SERVICES TEAM . . . . . . . . . . . . . . . . . . . . . . . . . 22
TECHNOLOGY AND IT SUPPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ADMINISTRATIVE SUPPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ELECTED MEMBERS FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
HEALTH AND SAFETY TE HAUORA ME TE HAUMARU
OUR COMMITMENT TO HEALTH AND SAFETY . . . . . . . . . . . . . . . 26
OUR COUNCIL AND THE HEALTH AND SAFETY
AT WORK ACT 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
DUTIES UNDER THE ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
EMERGENCY INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ASSEMBLY POINTS, HAMILTON EAST . . . . . . . . . . . . . . . . . . . . . . 28
COUNCIL ACRONYMS NGĀ KUPU POTO A TE KAUNIHERA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
APPENDIX I – RELEVANT LEGISLATION ĀPITIHANGA 1 – NGĀ TURE HĀNGAI
LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS
ACT 1987 (LGOIMA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
LOCAL AUTHORITIES (MEMBERS’ INTEREST) ACT 1968 . . . . . . . 33
CRIMES ACT 1961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
SECRET COMMISSIONS ACT 1910 . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FINANCIAL MARKETS CONDUCT ACT 2013 . . . . . . . . . . . . . . . . . 34
TRUSTEE ACT 1956 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
KEY LOCAL GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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ABOUT WAIKATO REGIONAL COUNCIL
MŌ TE KAUNIHERA – A ROHE O WAIKATO
Established in 1989, the Waikato Regional Council is responsible for a wide range of activities .
• Governance and management of natural and
physical resources – such as land, air, fresh water,
biodiversity, infrastructure and the coastal marine area
– on which our primary sector and export economy are
based .
• Strategic planning at the regional scale delivered
through statutory instruments such as the Regional
Policy Statement, the Regional Land Transport Plan,
the Regional Pest Management Plan, Regional Plan and
Regional Coastal Plan, civil defence and emergency
management, and non-statutory instruments such as
regional economic development strategies .
• Provision of regional scale infrastructure, such as
flood protection assets that protect billions of dollars’
worth of urban areas, roading infrastructure and
productive farmland .
• Transport planning and provision to keep our region
moving economically and socially
• Regional-scale response to, and assessment of,
natural hazards, including floods, earthquakes and
tsunami, to protect communities and assets .
• Biosecurity/biodiversity activities to safeguard
the productive and export-earning capacity of the
natural environment, a key foundation to a sustainable
economy, and to support indigenous biodiversity .
• Obtaining, storing and evaluating information so
we know how well the region is doing environmentally
and economically .
• Managing catchments in a holistic way .
Over the past three years there have been two major shifts
in the way Waikato Regional Council works to reflect three
key words in our mission: “working with others” .
We now have a much greater focus on partnering with
others, and we have adopted a promise that recognises
how we’ll work with our customers, who are at the heart of
everything we do .
PARTNERING WITH OTHERS Ninety per cent of stakeholders are satisfied with Waikato
Regional Council’s overall performance – up from 52
per cent in 2013 . This is in large part due to the effort of
the council to strengthen relationships with iwi partners
and stakeholders and to work together to achieve shared
outcomes .
OUR CUSTOMER PROMISEIn December 2014, the Waikato Regional Council
Customer Promise was approved by the council .
We will work with you, our customers, to build a
Waikato that has a healthy environment, a strong
economy and vibrant communities .
As we work together we promise you:
• Respect and professionalism – we will listen
to you, work to understand your situation, treat
you with courtesy, and acknowledge where we
can do better .
• Helpfulness and accessibility – our business
can be complex and we’ll make it as user-
friendly as possible for you . Sometimes we
can’t give you exactly what you want, but we’ll
work with you to find the best solutions .
• Transparency and consistency – we will
continually work to develop clear, efficient
and cost effective policies and processes; and
deliver them with fairness and consistency .
• Timely, accurate communication – when you
contact us, we’ll get back to you promptly with
accurate information . When you are involved in
one of our processes we will keep you
well-informed .
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Coastal marinearea
North
South Waikato
Thames-Coromandel
Hauraki
Waikato
torohanga
Rotorua
Waipa
Matamata-Piako
Hamilton
Waitomo
Waikato is the fourth largest region in New Zealand
25,000km2 (2.5 million ha) of land10,000km2 of coastal marine area
1200km+ of coastline
At 425km, the Waikato River is the longest
in New Zealand
At 623km2, Lake Taupō is the largest lake in Australasia
Tongariro National Park
75% of New Zealand’s geothermal resources are in the Waikato
Internationally significant wetlands, such as Whangamarino
Extensive native and exotic forests
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RESPONSIBLEDOING THE RIGHT THINGKia tikaOur people model the highest standards of personal and professional behaviour in all job-related activities
• We take responsibility for our actions
• We make rational, realistic and timely decisions based on sound information
• We support our colleagues and we support our organisation and its goals.
EFFECTIVEMAKING A DIFFERENCEKia toaWe always aim to give the best we can
• We persevere until the matter is resolved
• We come up with innovative and practical solutions
• We consistently deliver high quality results.
RESPECTFULACTING WITH RESPECTKia tauShowing others respect is the basis of all our behaviour
• We are honest and diplomatic
• We are assertive without being aggressive
• We are mindful of how our actions and words affect others.
We always aim to do what’s right for the Waikato region, now and in the future. Through our elected council, we are accountable to our communities and stakeholders.
We share knowledge and make well-informed decisions based on good information. We listen carefully, look for solutions and remain open to new ideas.
We take responsibility for our own actions and trust others to do the same. We put safety first for ourselves and others.
While we are realistic about what we can achieve today, we are mindful of the effect our decisions and actions will have on future generations.
For this reason, we always strive to make a positive difference.
High performance, innovation and adaptability are vital to our success. We build on our strengths and support each other to be the very best we can be at work. We appreciate our successes and those of others.
The services we provide enable regional development and preserve the natural environment in ways that improve quality of life.
Above all, we are purposeful and ethical in all we say and do. We behave in ways that keep the public’s trust and respect.
We are direct, honest and courteous in all our relationships.
Within our organisation, we create a working environment which is enabling, supportive and inclusive so that each of us is valued for the differences, skills and experiences we bring to the workplace.
Work-life balance is a strong focus of our culture. We support our people to put family first and take pride in the roles they fulfil in their communities through the environmental, social and cultural activities that make the Waikato region a richer place.
OUR VALUES
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ROLES AND RESPONSIBILITIES
NGĀ KAWENGA ME NGĀ HAEPAPA
COUNCIL Our council is responsible for governance for the Waikato
region, including:
• developing and adopting council policy
• monitoring the performance of council against its
objectives and policies
• managing the council’s resources, including setting
financial and infrastructure strategies
• employing the chief executive .
Unless otherwise provided in the Local Government Act
2002 or in the council’s standing orders, the council can
only act by majority decisions at meetings . Any individual
member (including the chairperson) has no authority to act
on behalf of the council unless provided for by statute or
the council has expressly delegated such authority .
ELECTED MEMBERSElected members are responsible for representing the
interests of all the residents and ratepayers of the Waikato
region, not just the constituency in which they were
elected . All elected members are accountable for the
decisions the council takes, whether they agree with them
or not .
Elected members are expected to attend the meetings of
council, as well as the committees and subcommittees,
working parties, workshops and external organisations
to which they are appointed . Although the role of an
elected member is not defined in legislation, it has two key
elements: representation and governance.
THE REPRESENTATION ROLEIt is likely that your constituents will expect representation
issues that are important to them . However, once elected,
you have a larger obligation to the entire Waikato
community .
Representing the Waikato community involves building
relationships with individuals and groups to inform,
consult and empower people in order to facilitate effective
community development . Key aspects of the role are:
• acting as the peoples’ champion
• being an effective communicator
• understanding your community
• working with other elected members .
THE GOVERNANCE ROLEWhereas the representation role involves representing
the views of the community, the governance role involves
making decisions for the overall benefit of the community,
not only for the current generation but for generations to
come .
Governance is primarily about setting the future direction
of council and the regional community, and ensuring assets
and resources are suitable for achieving that direction . Key
aspects of the role are:
• strategic planning
• decision making
• policy and strategy review
• scrutiny of management’s performance
• community leadership and engagement .
THE CHAIRPERSONThe chairperson is the leader of all elected members and is
selected by a resolution of council .
The chairperson shares the same responsibilities as other
elected members and also:
• presides at council meetings ensuring the orderly
conduct of business during meetings as determined by
standing orders
• is the spokesperson and ceremonial head for the
council
• provides leadership and feedback to other elected
members on teamwork and chairing of committees
• is a Justice of the Peace for the duration of their term
in office
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• provides leadership to the other members of council
and the region
• leads the development of council’s plans, policies
and budgets for consideration by the members of the
council .
The chairperson may be removed from office by resolution
of the council (relevant process outlined in section 18 of the
Local Government Act 2002) .
THE DEPUTY CHAIRPERSONThe deputy chairperson is selected by a resolution of the
council .
The deputy chairperson exercises the same roles as
other elected members, and must perform all of the
responsibilities of the chairperson if s/he is absent or
incapacitated . In such cases, the deputy chairperson may
exercise the powers of the chairperson (as previously
summarised) .
The deputy chairperson may be removed from office by
resolution of the council .
COMMITTEE CHAIRPERSONSThe council can create committees (and subcommittees) of
council . The chairperson of each committee is selected by a
resolution of the council .
A committee chairperson presides over all meetings of the
committee, ensuring that the committee acts within the
powers delegated by council . They may also be required to
act as the official spokesperson on issues relevant to the
committees .
The council can also appoint deputy chairpersons for
committees, who fill the role of chair when the chairperson
is absent .
THE DIFFERENCE BETWEEN GOVERNANCE AND MANAGEMENTA simple rule of thumb is that elected members are
concerned with policy, while officials are concerned with
administration . The elected members are responsible for:
• setting the direction of council
• developing a vision for the community
• adopting community goals and objectives
• adopting comprehensive plans
• making decisions about which programmes and
services should be provided and adopting long term
budgets .
It is the chief executive who employs council staff and is
responsible for administrative matters and implementing
polices set by the elected members .
WHAT ELECTED MEMBERS DO WHAT THE CHIEF EXECUTIVE IS RESPONSIBLE FOR
Adopt policy Provides advice to elected members
Adopt the long term plan and budget Proposes budget and spends within budgetary limits
Define powers, functions and duties of staff Fills positions consistent with delegated authority
Determine total compensation for staff Administers payroll within budget constraints set by council
Determine the range of services delivered or funded by council Oversees the day to day operation of programmes and services provided by the council
Set rates, targeted rates and charges Collects rates and user fees
Set the overall vision and direction of council Implements programmes and initiatives to achieve the council’s vision and plan
For more information see the LGNZ Know How Guide.
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SALARIES, ALLOWANCES AND REIMBURSEMENTS
NGĀ UTU KAIMAHI, NGĀ TAHUA ME NGĀ UTU WHAKAEA
SALARIESThe Remuneration Authority sets the base remuneration for
the chairperson and councillors . For the 2016/17 period,
the following salaries have been set for Waikato Regional
Council .
• Chairperson salary: $154,836 per annum .
• Elected member salary: $60,180 per annum .
An additional pool of funding is made available for the
recognition of additional duties and responsibilities . Council
determines how this funding is allocated . The new council
will make recommendations on the additional salary
amounts based on the committees formed .
Salaries are paid automatically by direct credit on a monthly
basis (deposited on or as near as possible to the 15th of
each month) .
The chairperson is also provided with:
• a vehicle which may be used for full private use (a
deduction, set by the Remuneration Authority, is made
from the Chairperson’s salary)
• a council credit card with a $5000 limit for council
expenses in line with council’s credit card policy .
ALLOWANCES AND REIMBURSEMENTSThe Remuneration Authority’s Annual Local Authority
Determination includes provisions for mileage, travel time
and communications allowances .
The Allowances and Reimbursements Policy has been
provided separately to all elected members and sets out the
expense rules for elected members .
For 2016/17 the rates are below .
VEHICLE MILEAGE ALLOWANCEElected members may use their own vehicle and claim
expenses on the basis of mileage, provided that the
elected member is travelling in a private vehicle, on council
business and by the most direct route .
Mileage is paid at 74 cents per kilometre for the first 5000
kilometres, and at 37 cents per kilometre thereafter .
A maximum threshold distance of 30 kilometres applies
to visits to all council offices . For other travel by elected
members, no threshold distance will apply .
TRAVEL TIME ALLOWANCEElected members may claim a travel time allowance
provided that the travel is on council business and by the
most appropriate form of transport that is reasonable in the
circumstances .
The allowance is $37 .50 per hour for travel time of more
than one hour a day .
Carpooling is encouraged where elected members are
traveling to the same meeting or event .
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COMMUNICATIONS ALLOWANCE If council determines that particular communications
equipment is required by elected members to perform their
function, and members choose or are required use their
own equipment, the maximum allowances payable are:
• $150 for the use of a personal computer
• $150 for the use of an electronic tablet
• $4 for the use of a printer (with or without a scanner)
• $60 for the use of a mobile phone
• $250 for an internet connection (with or without a
telephone connection)
• $400 for council-related toll and mobile phone
charges .
The total amount payable to a member must not exceed
$1050 per annum .
OTHER EXPENSESInformation on other expenses and eligibility to claim can
be found in the Allowances and Reimbursements Policy,
and includes:
• travel and accommodation
• meals and incidental expenses
• entertainment and hospitality
• professional development
• membership of clubs and associations .
CLAIMS PROCESSExpenses will be paid automatically by direct credit on a
monthly basis (deposited on or as near as possible to the
15th of each month) . All expenses must be submitted on
a claim form to the Business Support Officer to the elected
members by the 7th of each month . Any late expenses will
be held aside and not paid until the following month . Claim
forms not submitted within 3 months require approval of
the Chairperson .
Elected members will be emailed an electronic master copy
of their expense forms which will detail their usual mileage
(taken from Google maps), any extra allowances such as
broadband/landline allowance, mobile phone allowance
and printer allowance .
Elected members will be required to fill in the detail of
meetings for each month, which will include their mileage
and travel time .
• Meetings: Extra detail is required for meetings or trips
not organised by Waikato Regional Council and/or not
held in the Waikato Regional Council Chambers .
• Mileage: Extra detail is required if the route taken
was not via the most direct route reasonable in the
circumstances .
For GST purposes, please ensure tax invoices/receipts are
obtained and given to the Business Support Officer to the
elected members with your claim form .
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Every council adopts a code of conduct for its elected members (Clause 15 of Schedule 7 of the Local Government Act 2002) . The current Waikato Regional Council Code of Conduct has been provided separately to all elected members .
The code of conduct provides guidance on how elected
members may conduct themselves, including behaviour
toward one another, staff and the public, and the disclosure
of information .
The code of conduct also contains a general explanation of
the Local Government Official Information and Meetings
Act 1987 and other enactments or rules of law that are
applicable to elected members .
The code of conduct can be amended but it cannot be
revoked without replacement . To amend a code of conduct
or adopt a new code of conduct, a vote of not less than 75
per cent of members present in support is necessary .
BREACHING THE CODEThere are repercussions to breaching the code . Penalties
depend on the nature of the breach and can include:
• dismissal from the position of chairperson or deputy
chairperson
• removal or suspension of a special status, such as
committee chairperson or committee member
• invitation for the elected member to resign
• removal of right to speak to members of the staff,
other than the CEO
• education and/or mentoring
• a request for an apology, either public or private .
RELATIONSHIPS WITH OTHER ELECTED MEMBERS Successful teamwork is a critical element in the success
of any democratically elected organisation . No team will
be effective unless mutual respect exists between elected
members . With this in mind, elected members will conduct
their dealings with each other in ways that:
• maintain public confidence in the office to which they
have been elected
• are open and honest
• focus on issues rather than personalities
• avoid aggressive, offensive or abusive conduct .
• Every elected member will act in good faith in relation
to other elected members of council .
RELATIONSHIPS WITH STAFF The effective performance of council also requires a high
level of co-operation and mutual respect between elected
members and staff . To ensure that level of co-operation and
trust is maintained, elected members will:
• recognise that the Chief Executive is the employer (on
behalf of council) of all council employees, and as such
only the Chief Executive may hire, dismiss or instruct,
or censure an employee
• make themselves aware of the obligations that the
council and the Chief Executive have as employers and
observe those requirements at all times
• treat all employees with courtesy and respect
(including the avoidance of aggressive, offensive or
abusive conduct towards employees)
• observe any guidelines that the Chief Executive puts in
place regarding contact with employees
• not do anything which compromises, or could be seen
as compromising, the impartiality of an employee
• avoid publicly criticising any employee in any way, but
especially in ways that reflect on the competence and
integrity of the employee
• raise concerns about employees only with the Chief
Executive, and concerns about the Chief Executive only
with the Chairperson or the Deputy Chairperson .
CODE OF CONDUCT
NGĀ TIKANGA WHANONGA
13
Neville WilliamsDirector
Community & Services
Neville .Williams@waikatoregion .govt .nz
Mike GarrettChief Financial Officer
Mike .Garrett@waikatoregion .govt .nz
Clare CrickettDirector
Integrated Catchment Management
Clare .Crickett@waikatoregion .govt .nz
Vaughan PayneChief Executive Officer
Vaughan .Payne@waikatoregion .govt .nz
Chris McLayDirector
Resource Use
Chris .McLay@waikatoregion .govt .nz
Tracey MayDirector
Science & Strategy
Tracey .May@waikatoregion .govt .nz
MANAGEMENT STRUCTURE
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CONFLICTS OF INTEREST
NGĀ TAUTOHE NGAIO
THE CONFLICTS OF INTEREST GUIDELINE HAS BEEN PROVIDED SEPARATELY TO ALL ELECTED MEMBERS .
All elected members are required to maintain a clear
separation between their personal interests and duties,
and their role as an elected member of council . The public
must have confidence that elected members are acting
impartially in their decision making and use of publically
funded resources .
Conflicts of interest sometimes cannot be avoided, and can
arise without anyone being at fault . They are a fact of life .
But they need to be managed carefully .
FINANCIAL CONFLICTS OF INTERESTIf an elected member has a financial interest they must
consider the requirements of the Local Authorities
(Members’ Interests) Act 1968 which states that elected
members cannot:
• Have interests in contracts with the local authority
that are worth more than $25,000 in a year, unless the
Auditor-General approves the contracts . Breach of the
rule results in automatic disqualification from office; or
• Participate in matters before their local authority
in which they have a financial interest, other
than an interest in common with the public . The
Auditor-General can approve participation in limited
circumstances . Breach of the rule is a criminal offence
and conviction results in automatic disqualification
from office .
NON-FINANCIAL CONFLICTS OF INTERESTWaikato Regional Council is committed to addressing
elected members’ conflicts of interest . Council will adhere
to the steps identified by the Auditor-General in relation to
managing members’ conflicts of interests:
1 .Recognising that there is a conflict of interest .
2 .Disclosing the conflict of interest .
3 .Managing the risks associated with the conflict of interest .
Examples of non-financial conflict of interest include:
• holding another public office
• being an employee, advisor, director, or partner of
another business or organisation
• pursuing a business opportunity
• being a member of a club, society or association
• having a professional or legal obligation to someone
else (such as being a trustee)
• owning a beneficial interest in a trust
• owning or occupying a piece of land .
DISCLOSING THE CONFLICT OF INTERESTDisclosing conflicts of interest is the responsibility of the
elected member concerned . It is better to err on the side of
openness and take a precautionary approach . All disclosures
of conflicts of interest by elected members are recorded
in the Register of Interests maintained by the Democracy
Services Team .
INITIAL DISCLOSUREElected members shall make a declaration of interests at
the start of each triennium within six (6) weeks of the
triennial meeting .
ONGOING DISCLOSUREConflicts can arise at any time, and elected members need
to remain alert to this possibility . It is the responsibility
of the elected member concerned to make a disclosure as
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soon as practicable after becoming aware of any interest
that has not previously been declared .
MEETINGSElected members have the opportunity at the opening
of each governance meeting to declare any interests
pertaining to items on the agenda for that meeting . It is the
responsibility of the elected member concerned to disclose
the interest before that matter is discussed .
The Chair of the meeting will decide on the appropriate
action in order to mitigate any risk associated with the
conflict of interest .
MANAGING THE RISKS ASSOCIATED WITH THE CONFLICT OF INTERESTManaging the risks associated with the conflict of interest is
the responsibility of council . Council will consider carefully
what needs to be done to manage the risks associated with
a conflict on a case by case basis
16
DECISION MAKING
NGĀ WHIRIWHIRI WHAKATAU
PRINCIPLES FOR MAKING GOOD DECISIONSAlmost everything council does involves a decision . The LGA
2002 specifies that a decision includes deciding to follow
a particular course of action, or not to take action about
a particular matter . The Office of the Auditor General has
outlined the factors to be considered in council decision
making based on the principles of the LGA 2002 . These are:
• prudent financial decision making
• consideration of options
• informed decisions
• proportional process
• inclusive process
• transparency
• effectiveness and efficiency
• legal framework; acting in accordance with law,
reasonably and fairly .
GOVERNANCE STRUCTURE At the commencement of each triennium, council is required
to adopt a committee structure that meets its legislative and
governance obligations as a regional council . Efficient and
effective governance is about the way council decides to
conduct its business, as well as the structure within which it
makes its decisions .
Council has a range of choices about how to organise
its governance structure, coupled with broad powers of
delegation . Without delegation the operation of council
would not be efficient or effective .
However, certain decisions must be exercised by full council
and cannot be delegated . These are:
• The power to make a rate .
• The power to make a bylaw .
• The power to borrow money, or purchase or dispose
of assets, other than in accordance with the long term
plan .
• The power to adopt a long term plan, annual plan or
annual report .
• The power to appoint a chief executive .
• The power to adopt policies required to be adopted
and consulted in under the LGA in association with the
long term plan, or developed for the purpose of the
local governance statement .
• The power to adopt a remuneration and employment
policy .
All other decisions can be delegated to committees, and in
some cases, the chief executive .
COUNCIL AND COMMITTEE MEETINGSDetailed information about the role of the council and its
committees and the scope of their powers is set out in the
terms of reference, as agreed by the council . The terms of
reference set out the objectives, scope of activity and the
delegated authority for each committee . Copies will be
provided to all elected members .
The council approves policy and monitors its
implementation, authorises the overall allocation of
resources, sets priorities and determines the levels of
service to be provided .
Standing committees develop and advise the council
on policies to be adopted and the appropriate resource
allocation for those policies . To improve efficiency,
committees are delegated many decision making powers .
Where a committee has the delegated authority to
make decisions, these matters will be considered under
section A in the agenda and be reported to the council
for information . This avoids the need for business to be
debated a second time before the full council . Where a
committee does not have such delegated authority, items
will be considered under section B and decisions can only
be recommended to the council .
All matters coming before committees (whether sections
A or B) are reported to the council to ensure all elected
members are aware of all the decisions being made in the
council’s name . The council notes the decisions included
under section A of committee reports and adopts (amends
or rejects) the recommendations under section B .
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Elected members receive copies of all committee agendas
and are entitled to attend all meetings and to participate
in the discussion . However, only appointed members of
committees have voting rights .
In respect of statutory hearing committees, only the
members appointed by council can legally participate in
these proceedings .
Minutes of every meeting must record the time of arrival,
departure and ‘comings and goings’ of members . It is
expected that attendance will be for the duration of the
meeting for appointed members, unless compelling reasons
dictate otherwise . For more information on this topic,
please refer to the standing orders .
The public, including the media, has the right to attend all
advertised meetings and have access to the agendas and
any other material being presented at the meeting (except
for items held in public excluded sessions) .
SCHEDULING MEETINGSAt its triennial meeting and annually thereafter, it is council
practice to adopt an annual schedule of meetings which
include, council, committee and subcommittees meetings,
and hearings .
The law requires that council meetings are publicly
advertised and includes the timeframes required for giving
notice .
‘COUNCILLORS MEETINGS’ CALENDAR The annual schedule of meetings is circulated to elected
members via an Outlook calendar called ‘Councillors
meetings’ .
‘Councillors meetings’ is managed by the Business Support
Officer to elected members and is also used to schedule
meetings between elected members and staff .
The schedule of meetings is subject to change, should the
council’s business dictate . Councillors meetings will be
updated accordingly when changes occur .
REQUIRED ATTENDEESMeeting requests for committees and subcommittees will list
the required attendees/elected members in the body of the
invite .
LEAVE OF ABSENCE AND APOLOGIESElected members unavailable to attend meetings should make
and application for a ‘leave of absence’ in writing and submit
this to the chairperson (via the Business Support Officer to the
elected members) prior to the preceding council meeting . The
‘leave of absence’ will be approved by resolution of council .
If a leave of absence has not been obtained, elected members
may tender an apology or apology for lateness by emailing or
phoning the Business Support Officer to the elected members .
Declining a meeting request for a committee or subcommittee
of which you are a member will not be noted as an official
apology .
PROCEDURES AND STANDING ORDERSCouncil has a statutory requirement to adopt a set of standing
orders for the conduct of all its meetings .
Once standing orders together with any amendments are
adopted, the meeting procedures contained in standing
orders must be followed . The procedures for meetings include
such matters as the conduct of meetings, motions (notices,
amendments, procedural), rules of debate, speaking rights and
voting .
Elected members should make themselves familiar with
standing orders and refer to these provisions as the rules
for the conduct of all meetings . They are based on, and are
consistent with, all relevant local government legislation .
A copy of standing orders will be provided as part of your
induction pack .
Directors and/or democracy advisors can provide advice and
assistance with regard to specific procedural matters and, if
appropriate, can provide more general training in specific areas
of need as identified by elected members .
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AGENDASDirectors will liaise with respective chairpersons on the
agenda for their particular committee meeting and, where
appropriate, specific items will be discussed before agendas
are finalised and approved for distribution .
Agendas are coordinated by democracy advisors in
consultation with directors and forwarded electronically .
Elected members who wish to have an item included on
the agenda should contact the appropriate director as
early as possible to discuss the matter . All agenda items
require appropriate supporting information, so enough time
should be allowed for research and compilation of relevant
material if this is not already available .
Before meetings, the chairperson of council/committees
may meet with the appropriate director and/or democracy
advisor to discuss the published agenda and any procedural
matters which need to be dealt with .
Every elected member will be sent an agenda for all
meetings . Every agenda has three standing items .
1 . Apologies .
2 . Confirmation of agenda .
3 . Disclosures of interest .
CONFIRMATION OF AGENDAAfter receiving any apologies, the first item of business at
every meeting is to confirm the agenda .
The agenda for meetings is pre-circulated and only in
exceptional circumstances should items be added, such
as in cases of urgency where a decision is required by the
committee or council which cannot wait until the next
meeting .
The purpose of agenda items on an order paper is to enable
elected members to study the reports prior to the meeting
and participate in sound decision making . To add items
without prior notice could mean decisions are made with
members not in possession of the facts or unaware that an
issue was going to be discussed and resolved .
Also, there is a clear expectation in law that members of the
public will have details of items coming before a meeting .
For more information on this topic, please refer to the
standing orders .
CONFLICT OF INTERESTOnce the business of the day has been confirmed, members
have an opportunity to signal their intention to withdraw
from taking part in discussion and voting on any agenda
item if they may have a conflict of interest which could be
seen to affect their impartiality .
Such conflict may exist because of a member’s own
financial affairs (pecuniary interest), a relationship or
role he/she has or something he/she has said or done
which could give rise to the appearance of bias or
predetermination .
Council holds a register of interests . Elected members
will be required to fill in a declaration of interests at the
commencement of the new triennium . If there are any
amendments to the register during the course of the
triennium, please notify the Business Support Officer to the
elected members so the necessary changes can be made .
MINUTESThe minutes from subcommittee meetings form part of
the agenda for the next meeting of the relevant ‘parent’
committee . Generally subcommittees have been created
to provide advice to the council only and have no policy
decision making powers – they contain recommendations
only .
The minutes from committee meetings form part of
the agenda for the next ordinary meeting of the full
council . Committee minutes may contain both resolutions
(under section A) for the information of council and/or
recommendations to council (under section B) .
The set of minutes from the ordinary council meeting are
produced and made available to all elected members and
other interested parties about one week after the council
meeting . These minutes are confirmed at the next ordinary
council meeting as soon as possible .
19
EXTRAORDINARY AND URGENT BUSINESS/ADDITIONAL BUSINESSExtraordinary and urgent business in respect of major items
not on the pre-circulated agenda can be dealt with at a
meeting, but only if:
a . the council by resolution so decides, and
b . the presiding member explains at the meeting the
reason why the item is not on the agenda and the
reason why the discussion of the item cannot be
delayed until a subsequent meeting .
Additional business may be discussed at a meeting if that
item is not on the agenda for a meeting if:
a . that item is a minor matter relating to the general
business of the local authority, and
b . the presiding member explains at the beginning of the
meeting that the item will be discussed at the meeting,
but
c . no resolution, decision, or recommendation may be
made in respect of the item except to refer that item
to a subsequent meeting of the local authority for
further discussion .
For more information on this topic, please refer to the
standing orders .
MEETINGS TO BE HELD IN PUBLICThe council is legally required to conduct all its meetings
in public unless there are grounds to exclude the public
which meet one or more of the requirements of the Local
Government Official Information and Meetings Act 1987 .
If an item is proposed to be considered in a public excluded
session, the notice of motion in the agenda must outline:
a . the statutory references relied on
b . the general nature of the item to be considered
c . the specific reason(s) for public exclusion (which can
only be for one or more of the grounds specified in
legislation) .
Relevant agenda and supporting papers for items to be
considered in a public excluded session will be colour coded
on salmon paper and circulation will be limited to members
and executive staff members .
Public excluded items can only be discussed with elected
members of this council .
20
INFORMATION MANAGEMENT AND COMMUNICATIONS
TE WHAKAHAERE PĀRONGO ME NGĀ TUKU KŌRERO
OFFICIAL INFORMATION‘Official information’ means any information held by
council . This includes material held in any format,
regardless of where the information originated .
Information held by elected members in their official
capacity is official information . Information held by
elected members in their personal capacity is not official
information . However, such information may become
official information if it is subsequently used for official
purposes .
The Local Government Official Information and Meetings
Act 1987 requires that any requests for official information
be granted, unless one or more of the withholding grounds
in the Act applies .
CONFIDENTIAL INFORMATION In the course of their duties elected members will receive
information that is confidential . This will generally be
council information that is either commercially sensitive or
is personal to a particular individual or organisation .
Elected members must not use or disclose confidential
information for any purpose other than the purpose for
which the information was supplied to the elected member .
Business conducted where the public is excluded remains
confidential and must not be disclosed to the public until
either council decides by resolution to make it public or the
Chief Executive determines, in response to a request under
the Local Government Official Information and Meetings Act
1987 or the Privacy Act 1993, that there is no longer good
reason to withhold it under the legislation .
Elected members should be aware that failure to observe
these provisions may affect the council’s performance
by inhibiting information flows and undermining
public confidence in the council . It could also lead to
an investigation under by the Office of the Privacy
Commissioner and/or civil litigation .
ELECTED MEMBER INFORMATION REQUESTSA process is in place to capture and monitor elected
members’ requests for information . All such requests
should be emailed to councillor .requests@waikatoregion .
govt .nz . The request will be logged into the elected
member request system, with actions and responses being
monitored by the Business Support Officer for elected
members .
Staff have designed this process to ensure requests are
responded to in a timely and efficient manner . Where an
elected member has not received a sufficient response to
their request, the Business Support Officer is the first point
of contact .
This process is not intended to prevent elected members
communicating directly with Directors on particular issues
relevant to their portfolios, or when working on committee
business .
EXTERNAL COMMUNICATIONSThe council has a communications and engagement section
that provides a comprehensive communications and
marketing service . The team manages the Waikato Regional
Council brand through an integrated suite of channels
including the news media, social media, events, video, web
and print publications . It delivers an effective multi-media
production service supported by high quality graphic design
for print and electronic media .
The team prepares news releases covering council,
committee meetings and newsworthy events and subjects .
If any releases are prepared that affect your constituency,
a director, manager or communications staff member will
liaise with you about the content .
21
MEDIA MONITORINGA daily media monitoring service is emailed to elected
members upon request . The service scans the internet for
media coverage of Waikato Regional Council business and
related issues . Please contact Stephen Ward if you wish to
be added to the email list to receive the service .
CONTACT WITH THE NEWS MEDIA The news media play an important part in local democracy .
To fulfil this role the news media need access to accurate,
timely information about the council’s activities . Elected
members can expect to be approached to comment on a
particular issue, either on behalf of the council, or as an
elected member .
Elected members have the right to communicate with the
news media, but they must state clearly when they are
expressing a majority, collective council view and when
they are expressing a personal, minority opinion .
The following rules apply for contact with the media on
behalf of the council .
• The Chairperson or Chief Executive is the first point
of contact for official views on any issue . Where the
Chairperson is absent, matters may be referred to the
Deputy Chairperson or relevant Committee Chair . An
elected member may, however, communicate with
the news media in relation to matters that are of local
interest or have local implications in the councillor’s
constituency .
• The Chairperson or Chief Executive may refer any
matter to the relevant Committee Chair for comment .
• No other elected member may comment on behalf
of the council without having first obtained the
Chairperson’s approval .
Elected members can express a personal view in the media
at any time, provided:
• media comments must not state or imply that they
represent the council’s view
• the elected member does not state or imply that his
or her statements represent a majority view when
making a statement contrary to a council decision or
council policy
• media comments observe the requirements to not
disclose confidential information or compromise
the impartiality or integrity of staff or fellow elected
members
• in presenting a personal view elected members do not
undermine council’s policy
• they accurately reflect the information provided to
councillors in reports, discussion, debate or through
questions of officers as part of the decision making
process .
22
ELECTRONIC COMMUNICATIONS AND USING SOCIAL MEDIAElectronic communications are official information . Emails
are archived, easily recovered and may be requested by
the public and media under the provisions of the Local
Government Official Information and Meetings Act 1987 .
Elected members will not send, or attempt to send
electronic communication:
• to others that may be viewed as harassment
(unwelcome or unreciprocated behaviour) or that
includes potentially offensive or discriminatory
material
• that may bring the council into disrepute e .g . sending
derogatory remarks about people or organisations .
Social media is the term for internet-based tools used
for publishing, sharing and discussion information . This
includes blogs, wikis and social networking sites such as
Facebook, Twitter or LinkedIn .
All communication through social media platforms is in the
public domain . Whether talking to the media, speaking in
public or using social media, the protocols outlined below
apply .
• Show respect and avoid offensive or abusive language .
• Make it clear you are expressing a personal opinion .
• Do not disclose confidential information or impugn the
integrity or impartiality of fellow elected members or
staff .
• Do not undermine council policy or bring the council
into disrepute .
Elected members who have a concern about any
communication they receive or are aware of should raise
the matter with:
• the Chairperson, if it relates to a communication from
an elected member
• the Chief Executive, if it relates to a communication
from a staff member .
23
24
ELECTED MEMBERS’ SUPPORT AND FACILITIES
NGĀ ARA TAUTOKO MĀ NGĀ MEMA I KŌWHIRIA
THE DEMOCRACY SERVICES TEAMThe Democracy Services Team provides efficient and
effective democratic support to council . The core functions
of the team are to:
• provide high quality support and advice to elected
members
• facilitate efficient, legal and democratic decision
making
• manage elections polls and election-related processes
• provide information and advice about the democratic
decision making process
• foster public participation in the democratic process
• enhance openness and transparency by managing all
official information and Privacy Act requests .
The key contact for elected members is the Business
Support Officer to elected members .
TECHNOLOGY AND IT SUPPORTElected members will be provided with services and
equipment as an efficient means of communication and
to easily access documents and information for council
business . This includes personal use devices and services, as
well as some services available for use at Waikato Regional
Council’s offices .
The following services will be provided to all elected
members .
• Waikato Regional Council email address and service .
• Access to electronic documentation via internet-based
software .
• Elected members may also be provided with the
following optional personal devices and services .
• Mobile smartphone .
• Mobile phone plan .
• Tablet device .
The following equipment and services are available for use
at Waikato Regional Council offices .
• Access to Wi-Fi .
• Video conferencing (from any of the four main offices) .
• Desktop computer with internet access and a printer .
Elected members are responsible for providing fixed IT
equipment within their home environment and will be
entitled to allowances as set out in the Elected Members
Allowances and Reimbursements Policy . This includes home
internet connection, personal computer and printer .
IT support is provided via Waikato Regional Council’s IT
Service Desk on (07) 859 0700 and councillors will also
be offered training in the use of Waikato Regional Council
supplied devices and software .
Further details covering the technology provisions and
guidelines for councillor’s use of Waikato Regional
Council provided IT services are covered in the document
Information Technology Services Usage Guidelines and Policies
for Elected Members 2016.
FOR IT ASSISTANCEPlease contact the Service Desk on 07 859 0700 or
email ServiceDesk@waikatoregion .govt .nz .
Calls after hours will be answered by an on-call
support officer .
25
ADMINISTRATIVE SUPPORTThe Business Support Officer to elected members has access
to all elected members’ diaries and council issued Outlook
email folders and can provide the following support .
• Maintain the ‘Elected Members’ Meetings’ calendar .
• Diary management
(meetings with staff/stakeholders/iwi) .
• Email management .
• Process of elected members’ monthly expenses .
• Travel and accommodation bookings .
• Training and development and conference attendance
bookings .
• Stationery requests .
• Elected member requests .
• Meeting room bookings .
• Printing and photocopying .
• Other administration duties as requested .
DIARY MANAGEMENT Elected members will receive Outlook calendar requests for
all council meetings, committee meetings, subcommittee
meetings and elected members workshops . This is managed
from the ‘Elected members meetings’ Outlook calendar .
Required attendees: Meeting requests for committees and
subcommittees will list the required elected members as
‘required attendees’ in the body of the invite .
Should elected members require further assistance with
diary management, their specific requirements should
be discussed with the Business Support Officer to elected
members .
FOR BUSINESS SUPPORTYour Business Support Officer is Katie Jorgensen .
She can be called on 07 859 0896 or emailed at:
Katie .Jorgensen@waikatoregion .govt .nz .
EMAIL MANAGEMENT Should elected members require assistance with email
management, their specific requirements should be
discussed with the Business Support Officer to elected
members .
PRINTING AND PHOTOCOPYINGPrinting and copying facilities can only be used for council
business . Printing and copy requests should be given to the
Business Support Officer to elected members . Any private
printing or copying will be charged for at current Waikato
Regional Council private rates .
Elected members have the option of using the small printer
in the elected members’ office .
ACCOMMODATION AND TRAVEL BOOKINGSAccommodation can be arranged for elected members
who are required to travel in excess of 100 kilometres
for attending any council meetings, committees,
subcommittees, elected member workshops, conferences
or training courses that commence prior to 10am . Elected
members who live outside of their constituency or whose
constituency traverses a significant distance, can claim two
nights’ accommodation per month to serve constituency
needs .
Please advise the Business Support Officer to elected
members well in advance if you require accommodation,
as early bookings often reduce costs and also ensure
availability during peak periods .
Alternatively, if elected members prefer to use private
overnight accommodation they may claim $50 per night
(exclusive of meals) or $70 per night (inclusive of meals) .
The council has negotiated corporate rates with a list of
motels and hotels . These preferred providers should be
used unless extraordinary circumstances arise .
26
Please refer to the Elected Members’ Allowances and
Reimbursements Policy for further details .
Conferences, seminars, training, field trips and elected
member tours
At the start of the triennium elected members will be given
a training requirements questionnaire which is designed
to assess areas of training or refresher training they
may require . The questionnaire also lists pre-organised
programmes and workshops that are provided both
‘in house’ and by Local Government New Zealand . All
elected members are encouraged to attend these training
programmes .
Conferences, training seminars, field trips and elected
member tours are provided to assist elected members
in their duties . Elected member tours are intended
to help familiarise elected members with the various
responsibilities of the council and the diverse nature of
the region . Throughout the triennium, if elected members
hear of any relevant conferences or training seminars they
have an interest in attending, please contact the Business
Support Officer to Eeected members .
An annual budget of $2000 per elected member will be set
aside for professional development . This annual allowance
excludes attendance at the Local Government New Zealand
annual conference, and the “Making Good Decisions”
accreditation course .
The annual allowance may be allocated variably across the
triennium subject to budget availability .
Please refer to the Elected Members’ Allowances and
Reimbursements Policy for further details .
ELECTED MEMBERS FACILITIESOFFICE ACCESS Waikato Regional Council is headquartered in Hamilton,
with offices in Taupō, Whitianga and Paeroa . Works depots
are at Gordonton, Te Aroha and Tuakau . Office hours are
8am to 5pm, although senior staff are available outside
these hours .
Elected members are welcome to make arrangements to
meet constituents or conduct other meetings relating to
council business at any of these offices . Please contact the
Business Support Officer in the first instance .
Proximity cards will be provided to new elected members
in their first week to gain access to the Hamilton buildings .
These cards need to be visible and must be worn as a form
of ID .
Council/committee meetings and workshops are generally
held during the day, so elected members are unlikely to
require after hours access . Should you require entry to the
building out of office hours, please request access with the
Business Support Officer to the elected members .
CAR PARKINGThere are 4 (four) elected member car parks available 24
hours a day located under A block at 401 Grey Street . Extra
parking will be available to elected members attending
committee and/or elected member meetings .
ELECTED MEMBERS’ LOUNGE The elected members’ lounge is available for the use of
elected members at any time . Tea and coffee facilities are
available in the A5 kitchen .
ELECTED MEMBERS’ OFFICEThe elected members’ office is available for elected
members to hold meetings with staff and constituents . The
office also contains a computer with Wi-Fi connection and
a small printer . The Business Support Officer to the elected
members can book this room for you and provide password
details .
ELECTED MEMBERS’ MAILAll mail is opened (unless it is marked ‘Private and
Confidential’) . Mail addressed to an elected member is
opened, scanned and saved into the corporate document
management system . The Business Support Officer to the
elected members is assigned ownership of the document . It
is then the responsibility of the Business Support Officer to
forward this document to the elected member concerned .
Correspondence addressed to the chairperson of the
council is opened, scanned and saved into the document
management system . The chairperson is assigned
ownership of the document .
The physical copies of the documents for both elected
members and the chairperson are delivered to the owner
through the internal mail .
Elected members are provided with a mail pigeonhole
service which is located in the elected members’ lounge .
Elected members’ mail is posted out on Fridays .
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STATIONERYThe following stationery and other related services will be
provided for elected members . Requests can be made to
the Business Support Officer to elected members .
• Business cards with personalised information .
• Waikato Regional Council ‘compliment’ slips (not
personalised) .
• A4 notepads .
• Envelopes (franked/self-addressed to Waikato Regional
Council) .
• Diaries (to be ordered through the Business Support
Officer to elected members) .
• Christmas cards (if requested) .
• Printer cartridges .
• Name badge for use at official council functions .
• Council envelopes and mail services for council
business only .
• If required, a filing cabinet (for home use) can be
provided to elected members for the duration of their
term in office .
• Confidential recycling bins are available for disposable
of unwanted documents on A5 at 401 Grey Street .
• If you have any requests or questions please contact
the Business Support Officer to elected members .
LIBRARYThe Waikato Regional Council library is situated in the
old BNZ building, 418 Grey St, Hamilton East . It has a
significant collection of books and reports on all subjects
relating to Waikato Regional Council business . These
include the published output of the organisation, as well as
most of the historical material from the Hauraki Catchment
Board and the Waikato Valley Authority . The library also
holds annual reports, annual plans and district plans for all
of the territorial authorities in the region, as well as annual
reports from major stakeholders .
The library has reference hard copies of all relevant
legislation and is able to order additional hard copies
of legislation as required . Legislation is also available
electronically through Thomson Reuters .
The library subscribes to more than 100 serial titles and can
network with other libraries throughout New Zealand (and
internationally) to obtain copies of journal articles and book
loans as required . It is also the central point of contact for
all book and serial purchases .
For more information about library services and associated
training, please contact the Business Support Officer to
elected members .
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HEALTH AND SAFETY
TE HAUORA ME TE HAUMARU
OUR COMMITMENT TO HEALTH AND SAFETY At Waikato Regional Council we have a Health and Safety
Charter that describes our shared commitment to the
health and safety of our people . This charter applies to all
councillors, staff, visitors and contractors who are providing
services to or for our organisation .
As our commitment is so serious, this is jointly signed by
the CEO and the Chairperson of Waikato Regional Council .
The charter is as follows .
OUR COUNCIL AND THE HEALTH AND SAFETY AT WORK ACT 2015BACKGROUNDThe Health and Safety at Work Act (HSWA) 2015 came into
force on 4 April 2016, and represents a significant reform
with regard to the approach to health and safety in New
Zealand .
This reform came in response to the fact that every year
in New Zealand 50-60 people are killed in workplace
incidents, hundreds experience serious injuries and
hundreds more die as a result of work-related ill health . Our
country’s work-related fatality statistics are three times as
high as the UK and nearly twice as high as Australia .
The Act recognises a well-functioning health and
safety system relies on participation, leadership, and
accountability by government, business and workers . It
clearly sets out the principles, duties and rights in relation
to workplace health and safety . We all have duties under the
Act and need to work together to ensure these duties are
fulfilled and people go home safely every day .
A key guiding principle of the Act is that employers
must provide workers and others with the highest level
of protection from workplace health and safety risks,
as is reasonable . In addition, the Act’s main focus is on
proactively identifying and managing risks so everyone is
safe and healthy .
DUTIES UNDER THE ACTAs mentioned above, it’s important to understand that
everyone has a duty under the Act . These duties are
summarised as follows .
Businesses have the primary responsibility for the health
and safety of their workers and any other workers they
influence or direct . They are also responsible for the health
and safety of people at risk from the work of their business .
Businesses are known as the person conducting a business
or undertaking (PCBU) .
Officers (company directors, elected members, partners,
board members, chief executives) must do due diligence to
make sure the PCBU (business) understands and is meeting
its health and safety responsibilities .
Workers must take reasonable care of their own health
and safety and ensure their actions don’t adversely affect
the health and safety of others . They must also follow any
reasonable health and safety instruction given to them by
the business and co-operate with any reasonable business
policy or procedure relating to health and safety in the
workplace .
Other people who come into the workplace, such as
visitors or customers, also have some health and safety
duties to ensure their actions don’t adversely affect the
health and safety of others .
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ELECTED MEMBERS AS OFFICERSOfficers have a duty of due diligence to ensure their business
understands and manages its key health and safety risks . This
includes taking reasonable steps to:
• have relevant, up-to-date knowledge of workplace health
and safety
• understand the nature of the business and its operations
and associated health and safety risks generally
• ensure the business has appropriate resources and
processes to eliminate or minimise risk
• ensure the business has processes for receiving,
considering and responding to information about
incidents, hazards, and risks .
HOW DOES COUNCIL MANAGE ITS HEALTH AND SAFETY RESPONSIBILITIES?Elected members as officers will receive regular updates about
health and safety activity at council through the monthly
Health and Safety Report and Dashboard . This is a regular
topic for the council agenda, led by the Manager of People
and Capability . Health and safety is also actively monitored
alongside other risk areas by the Audit and Risk Committee .
EMERGENCY INFORMATIONEmergencies can occur quickly and without warning . There are
many events, natural and man-made, accidental and malicious,
that can cause harm and affect operations . These include:
• common emergencies like fires and first aid
• ‘angry earth’ happenings like floods, storms, landslides,
earthquakes, tsunamis, volcanic eruptions, biological
issues/pandemics
• human errors like gas leaks, power failures, information
technology failures and hazardous leaks and spills
• malignant activity like suspicious mail and bomb/terrorist
threats .
EVACUATION PROCEDURES (HAMILTON MAIN OFFICE)Fire wardens have been appointed on each floor and area at
401 Grey Street . You will be introduced to the fire warden
and deputy fire warden for the executive floor (including
the council chamber, committee room and elected
members’ lounge and interview rooms) . In the event of
a fire, elected members should follow the fire warden’s
instructions .
On hearing the fire alarm
• Evacuate immediately through the nearest available
exit and proceed to the appropriate assembly area .
• If overtaken by smoke, keep close to the floor .
• Leave the lights on .
• Keep to the left on stairs .
• Take visitors with you .
• Obey instructions given by wardens .
• Do not use lifts .
• Move quickly and quietly, but do not rush, run or
panic .
• Do not return to collect articles or personal belongings .
• Do not delay departure to save money, documents or
personal effects or go to another part of the premises
for any purpose .
• Do not leave site or depart in your vehicle .
• Do not complete telephone conversations .
Do not return to the building unless instructed by wardens
or Fire Service personnel . Assemble in the carpark at
319 Grey Street – adjoining the Eastside Tavern – in the
allocated areas until the “all clear” is given .
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ASSEMBLY POINTS, HAMILTON EAST
All Waikato Regional Council offices have approved fire evacuation procedures which should be followed
on hearing the fire alarm .
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WAIKATO REGIONAL COUNCIL HEALTH AND SAFETY POLICY STATEMENTOur Health and Safety Charter
Waikato Regional Council values its people. We are committed to sending them home safe and well each working day. We are committed to providing and maintaining a safe and healthy working environment for employees, visitors and all persons providing services to the organisation.
We will develop a workplace culture where everyone views health and safety as natural and important and that striving to constantly improve our health and safety performance is part of that culture. We’ll learn from our mistakes and celebrate our success stories. It’s how we work and it’s about making a difference.
Our commitments1. Leadership
• Councillors, senior managers, team leaders, supervisors and staff demonstrating a visible commitment to health and safety leadership.
• Always meeting our obligations under health and safety laws, regulations, codes, standards or guidelines.
• Establishing health and safety objectives and performance criteria for all directorates and individuals, including annually reviewing health and safety objectives and performance.
• Allocating appropriate resources to health and safety management.
2. Risks to health and safety• Identification of existing and new risks to health and safety, taking all reasonably practicable steps taken to eliminate, or where elimination is not reasonably practicable, minimise
exposure to health and safety risks.
• Promotion of continuous improvement in health and safety, including the annual review of policies and procedures.
3. Reporting, investigation and monitoring• Encouragement of early reporting of any pain or discomfort and timely reporting of all near misses, incidents and injuries.
• Investigation of all reported incidents, near misses and injuries to ensure all contributing factors are identified and, where appropriate, plans for corrective action are formulated and closed out.
• Efficient reporting systems with lead and lag indicators, observations and improvement opportunities.
4. Training• All employees are aware of hazards and risks in their work areas and adequately trained and competent so they can perform their duties in a safe and responsible manner.
• Provision of appropriate health and safety training, equipment, and support to employees.
5. Health and wellbeing• Support for treatment and rehabilitation plans that ensure safe, early and durable return to work.
• Active promotion of health, safety and wellbeing including a strong focus on work-life balance.
6. Participation• Create opportunities to empower and encourage employee consultation and participation in health and safety management at work.
All Waikato Regional Council employees are expected to share in the commitment to health and safety.
We all play a vital and responsible role in maintaining a safe and healthy workplace by:
Observing all procedures, rules and instructions.
Reporting early, any pain or discomfort.
Ensuring all incidents, injuries and hazards are reported.
Taking an active role in personal treatment and rehabilitation plans, to ensure early and sustainable return to work.
Accepting our role in creating and maintaining a healthy and safe working environment.
Managers and supervisors have a responsibility for the health and safety of employees, contractors and volunteers working under their direction.
4715 12_2015
Vaughan PayneChief Executive OfficerDate: 16 December 2015. Review date: December 2016
Paula SouthgateChairpersonDate: 16 December 2015. Review date: December 2016
32
ACC Accident Compensation Corporation
ACRE Advisory Committee for the Regional
Environment
AEE Assessment of Environmental Effects
AHB Animal Health Board
AMP Asset Management Plan
AP Annual Plan
ASG Alternative Staff Group
BAU Business as usual
CAPEX Capital expenditure
CCO Council controlled organisation
CSG Collaborative Stakeholder Group (for
the Healthy Rivers/Wai Ora project)
CRI Crown Research Institute
CDEM Civil Defence Emergency Management
CE/CEO Chief Executive Officer
CFO Chief Financial Officer
Crs/Cllrs Councillors
DAP Draft Annual Plan
EEO Equal employment opportunities
EO Electoral Officer
ELT Executive Leadership Team (includes
the CEO, CFO and all Directors)
FTE Full time equivalent (employees)
GIS Geographic Information Systems
H&S Health and Safety
IPANZ Institute of Public Administration NZ
IRIS Integrated Regional Information System
KPI Key Performance Indicator
KRA Key Result Area
LGA Local Government Act 2002
LGC Local Government Commission
LGNZ Local Government New Zealand
LGOIMA Local Government Official Information and
Meetings Act 1987’
LTP Long Term Plan
MBIE Ministry of Business, Innovation and
Employment
NZTA New Zealand Transport Agency
OPEX Operating expenditure
OAG Office of the Auditor General
OPC Office of the Privacy Commissioner
PEX Public Excluded
PMF Project Management Framework
PT Public Transport
RPS Regional Policy Statement
RMA Resource Management Act 1991
SO Standing Orders
SOLGM Society of Local Government Managers
TOR Terms of Reference
WRC Waikato Regional Council
WRP Waikato Regional Plan
COUNCIL ACRONYMS
NGĀ KUPU POTO A TE KAUNIHERA
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APPENDIX I – RELEVANT LEGISLATION
ĀPITIHANGA 1 – NGĀ TURE HĀNGAI
This appendix contains summaries of relevant legislative acts that have some bearing on the duties and conduct of elected members .
LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 (LGOIMA)The purposes of LGOIMA are to:
a . Progressively increase the availability to the public of
official information held by local authorities, and to
promote the open and public transaction of business
at meetings of local authorities, in order to:
ii . enable more effective participation by the public
in the actions and decisions of local authorities;
and
iii . promote the accountability of local authority
members and officials, and thereby to enhance
respect for the law and to promote good local
government in New Zealand:
d . to provide for proper access by each person to official
information relating to that person;
e . to protect official information and the deliberations
of local authorities to the extent consistent with
the public interest and the preservation of personal
privacy .
AVAILABILITY OF INFORMATION The overriding principle of LGOIMA is that information is to
be made available unless there is a good reason to withhold
it . In this regard, the act specifies:
conclusive reasons for withholding information, if its
availability would be likely to prejudice the maintenance of
the law or endanger the safety of any person; and
other good reasons for withholding information, which are
to:
i . protect personal privacy;
ii . avoid disclosing a trade secret or unreasonable
prejudice to a commercial position;
iii . avoid serious offence to tikanga Māori, or to
avoid disclosure of the location of waahi tapu
(relates to information under the Resource
Management Act 1991);
iv . protect an obligation of confidence (qualified by
the act in some detail);
v . avoid prejudice to public health or safety;
vi . avoid prejudice to measures to mitigate material
public loss;
vii . maintain free and frank expression of opinions
by, or between members, officers and others,
viii . protect members and officers from improper
pressure or harassment,
ix . maintain legal professional privilege;
x . avoid prejudice or disadvantage to the authority’s
commercial activities or negotiations; and
xi . prevent the use of official information for
improper gain or advantage .
Additional to its right to withhold information for the
stated reasons, the authority may, for the same reasons,
“neither confirm nor deny” the existence of the information
requested .
MEETING PROCEDURESLGOIMA also contains a list of meetings procedures and
requirements that apply to local authorities and local and
community boards . These are additional to those contained
in Schedule 7 of the Local Government Act 2002 and
include the requirement to publicly notify meetings and
provide agendas, reports and minutes, and the provision
for the admission of the public to meetings and the right to
exclude the public from meetings .
Of particular importance for the roles and conduct of
elected members is the fact that the Chairperson has
the responsibility to maintain order at meetings, but all
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elected members should accept a personal responsibility to
maintain acceptable standards of address and debate . No
elected member should:
• create a disturbance or a distraction while another
elected member is speaking
• be disrespectful when they refer to each other or other
people
• use offensive language about the council, other
elected members, any employee of the council or any
member of the public .
More detail is contained in the Standing Orders .
LOCAL AUTHORITIES (MEMBERS’ INTEREST) ACT 1968The Local Authorities (Members’ Interests) Act 1968
(LAMIA) provides rules about members discussing and
voting on matters in which they have a pecuniary interest
and about contracts between members and the council .
LAMIA has two main rules .
1 . The contracting rule prevents an elected member from
having interests in contracts with the local authority
that are worth more than $25,000 in a year, unless the
Auditor-General approves the contracts . Breach of the
rule results in automatic disqualification from office
(s .3 LAMIA) .
2 . The participation rule prevents an elected member
from participating in a decision in which they have a
financial interest, other than an interest in common
with the public . The Auditor-General can approve
participation in limited circumstances . Breach of the
rule is a criminal offence and conviction results in
automatic disqualification from office (s .6 LAMIA) .
More guidance can be found in the Elected Members’
Conflict of Interest Guidelines and Office of the Controller
and Auditor-General publications: “Guidance for members
local authorities about the Local Authorities (Members’
Interests) Act 1968” [2010] and “Managing conflict of
interest: Guidance for Public entities” [2007] .
CRIMES ACT 1961Under this Act it is unlawful for an elected member to:
• Accept or obtain, or agree or offer to accept or attempt
to obtain, any bribe for himself or herself or any
other person in respect of any act done or omitted,
or to be done or omitted, in their official capacity .
The definition of bribe includes any money, valuable
consideration, office, or employment, or any benefit,
whether direct or indirect .
• Corruptly use or disclose any information acquired in
their official capacity, to obtain, directly or indirectly,
an advantage or a pecuniary gain for himself or herself
or any other person .
These offences are punishable by a term not exceeding
seven years . Elected members convicted of these offences
will also be automatically ousted from office .
SECRET COMMISSIONS ACT 1910The Secret Commissions Act 1910 sets out corruption type
offences associated with either giving or receiving gifts or
other consideration by elected members (deemed agents
of the council) to act in a certain way in relation to council
business .
• The definition of “agent” includes the agent’s family
and partners or employees . The scope of the act also
extends to a child of a spouse or a civil union partner
or a de facto partner of an elected member .
• “Consideration” means valuable consideration of
any kind . The nature of the consideration not only
includes discounts, commissions, payment of money
but also postponing or refraining from demanding the
repayment of any money or valuable thing owed .
The Act also addresses the duty of elected members to
disclose any pecuniary interest which the council may
have in the making of a contract . Such disclosure must be
at the time of making the contract or as soon as possible
thereafter .
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Under this Act 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 a term not exceeding seven years .
Elected members convicted of these offences will also be
automatically ousted from office .
FINANCIAL MARKETS CONDUCT ACT 2013The Financial Markets Conduct Act 2013 imposes on
elected members the same responsibilities as company
directors whenever council offers securities (debt or
equity) to the public . Members may be personally liable
if investment documents, such as a disclosure statement,
contain untrue statements and may be liable for criminal
prosecution if the requirements of the Act are not met .
The Act also prohibits any elected member who has
information about a listed company that is not generally
available to the market, from trading in that company’s
shares or from disclosing that information .
The penalties for certain offences under this Act (false or
misleading statements in disclosure documents - 10 years;
or insider trading - 5 years) are such that if an elected
member were convicted that conviction would result in
ouster from office .
TRUSTEE ACT 1956The Trustee Act 1956 establishes guiding principles of
trustees, defines what constitutes a trust, and what the
powers of the trust and trustees are . It is relevant to elected
members in their role as trustees of council’s investment
fund which currently has a value of $93 million (October
2016) .
The main focus of trustee responsibility and liability
under this Act is in regard to prudent standards of care
and the requirement that trustees be able to assess the
suitability of investments, investment managers and
investment strategies . Trustees are required to have a basic
understanding of investment risk and the way in which risk
and return interact to provide income . They are also obliged
to:
• understand enough of the fundamentals of investment
management to be able to choose between the
capabilities and investment styles of different
KEY LOCAL GOVERNMENTLEGISLATION• Accident Compensation Act 2001
• Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
• Biosecurity Act 1993
• Building Act 2004
• Child Support Act 1991
• Civil Defence Emergency Management Act 2002
• Commerce Act 1986
• Construction Contracts Act 2002
• Copyright Act 1994
• Criminal Disclosure Act 2008
• Criminal Records (Clean Slate) Act 2004
• Defamation Act 1992
• Electricity Act 1992 [& Safety Regs 2010] - General Questions
• Electronic Transactions Act 2002
• Employment Relations Act 2000
• Fire Safety and Evacuation of Buildings Regulations 2006
• Fire Service Act 1975
• Gas Act 1992 & Safety Regs 2010
• Goods and Services Tax Act 1985 & Tax Administration Act 1994
• Hazardous Substances and New Organisms Act 1996
• Health and Safety in Employment (Prescribed Matters) Regulations 2003 [revoked 4/4/2016]
• Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regs 1999
• Health and Safety in Employment Act 1992 [repealed 4/4/2016]
• Health and Safety in Employment Regulations 1995
investment managers; and
• monitor performance of investment managers over
time to ensure manager remain well positioned to
provide adequate performance .
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• Holidays Act 2003
• Human Rights Act 1993
• Immigration Act 2009
• Immigration Advisers Licensing Act 2007
• Income Tax Act 2007
• KiwiSaver Act 2006
• Land Drainage Act 1908
• Land Transport Act 1998
• Land Transport Management Act 2003
• Local Authorities (Members' Interests) Act 1968
• Local Electoral Act 2001 & Local Electoral Regulations 2001
• Local Government (Financial Reporting and Prudence) Regulations 2014
• Local Government (Rating) Act 2002
• Local Government Act 1974
• Local Government Act 2002
• Local Government Official Information and Meetings Act 1987
• Machinery Act 1950 [repealed 4/4/2016]
• Maori Commercial Aquaculture Claims Settlement Act 2004
• Marine and Coastal Area (Takutai Moana) Act 2011 & Ownership of Structures Regulations 2015
• Maritime Transport Act 1994 and Part 130C Marine Protection Rules
• Minimum Wage Act 1983
• National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003
• New Zealand Bill of Rights Act 1990 [BORA]
• New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Act 2008
• Nga Wai o Maniapoto (Waipa River) Act 2012
• Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010
• Occupiers' Liability Act 1962
• Parental Leave and Employment Protection Act 1987
• Patents Act 2013
• Plumbers, Gasfitters, and Drainlayers Act 2006
• Privacy Act 1993
• Protected Disclosures Act 2000
• Public Audit Act 2001
• Public Records Act 2005
• Public Works Act 1981
• Rating Valuations Act 1998
• Resource Management (Measurement and Reporting of Water Takes) Regulations 2010
• Resource Management (National Environmental Standards for Air Quality) Regulations 2004
• Resource Management Act 1991
• Search and Surveillance Act 2012
• Smoke-free Environments Act 1990
• Social Security Act 1964
• Soil Conservation and Rivers Control Act 1941
• Student Loan Scheme Act 2011
• Tax Administration Act 1994
• Te Arawa, Pouakani, Maraeroa and Raukawa Claims Settlement Legislation
• Trade Marks Act 2002
• Treaty River Legislation
• Unsolicited Electronic Messages Act 2007
• Wages Protection Act 1983
• Waikato Regional Council Standing Orders
• Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
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Private Bag 3038Waikato Mail Centre
Hamilton 3240New Zealand
0800 800 401waikatoregion.govt.nz
HEALTHY ENVIRONMENT
STRONG ECONOMY
VIBRANT COMMUNIT IES
HE TAIAO MAURIORA
HE ŌHANGA PAKARI
HE HAPORI HIHIRI
Printed October 2016 JOB 5193
