Standing orders.pdf - Hutt City Council

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HCC Standing Orders 3 August 2004 Issue No. 2 10 PART 1: CONSTITUTIONAL AND LEGISLATIVE MATTERS 1. INTRODUCTION Requirement for adoption of standing orders Alteration of standing orders 1.1 Every local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees. The standing orders adopted must not contravene any provisions of the LGA, LGOIMA or any other Act. [clause 27, schedule 7, LGA 2002] 1.2 After the adoption of the first standing orders of the local authority, the adoption or amendment of standing orders requires in every case a vote of not less than 75% of the members present. [clause 27, schedule 7, LGA 2002] 2. FIRST MEETING OF THE LOCAL AUTHORITY FOLLOWING ELECTION Meeting called by Chief Executive 2.1 The first meeting, of a local authority following a triennial general election of members must be called by the Chief Executive as soon as practicable after the results of the election are known. Not less than 7 days notice of the meeting must be given to the persons elected to the local authority (unless an emergency exists and then the Chief Executive may give notice of the meeting as soon as practicable). The meeting must be chaired by the Chief Executive or a nominee of that officer until the Mayor or Chairperson has made and attested the declaration required under clause 14, schedule 7, LGA 2002. [clause 21, schedule 7, LGA 2002] Business to be conducted 2.2 The business to be conducted at the meeting, and the order in which that business is to be conducted, must be as follows: (a) (b) (c) The making and attesting of the declarations required of the Mayor, if any, and members under clause 14, schedule 7, LGA 2002; The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson under clause 14, schedule 7, LGA 2002; A general explanation, given or arranged by the Chief Executive of: (i) (ii) The LGOIMA; and Other laws affecting members, including the appropriate provisions of the Local Authorities (Members' Interests) Act 1968; sections 99, 105 and 105A of the Crimes Act 1961; the Secret Commissions Act 1910 and the Securities Act 1978; (d) The fixing of the date and time of the first meeting of the local
HCC Standing Orders 3 August 2004 Issue No. 2 11 authority, or the adoption of a schedule of meetings; and (e) The election of the deputy Mayor or deputy Chairperson in accordance with clause 17, schedule 7 of the LGA 2002. [clause 21, schedule 7, LGA 2002] 3. CHAIRPERSON TO PRESIDE AT MEETINGS Chairperson to preside 3.1 The Mayor or Chairperson of the local authority (when present) must preside at each meeting of the local authority. When the Chairperson or Mayor is absent, meetings of the local authority are to be chaired by the Deputy Mayor or Deputy Chairperson or, if the Deputy Mayor or Deputy Chairperson is also absent, by a member of the local authority present (elected by those present) to chair that meeting. [clause 26, schedule 7, LGA 2002] Chairperson to preside 3.2 Every meeting of a committee or subcommittee (subsequently referred to as a committee) must be chaired by the Chairperson of that committee. When the Chairperson is absent, meetings are to be chaired by the Deputy Chairperson (if any) or, if the Deputy Chairperson is also absent, by a member of the committee present, (elected by those present) to chair that meeting. [clause 26, schedule 7, LGA 2002] Mode of address for Chairperson 3.3 The person in the chair is to be addressed in such terms as denotes the statutory office of that person, the choice of mode of address being as determined by that person. 4. QUORUM AT MEETINGS Requirement for a quorum 4.1 “A meeting is duly constituted if a quorum is present whether or not all of the members present are voting or entitled to vote.” [clause 23(1), schedule 7, LGA 2002] Quorum to be present throughout meeting 4.2 “Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.” [clause 23, schedule 7, LGA 2002]
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