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Standing orders.pdf - Hutt City Council

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HCC <strong>Standing</strong> Orders 3 August 2004 Issue No. 2 38<br />

Revocation or alteration of<br />

resolutions<br />

27.15<br />

A notice of motion for the revocation or alteration of all or part of a<br />

previous resolution of the local authority is to be given to the Chief<br />

Executive by the member intending to move such a motion.<br />

(a) Such notice is to set out:<br />

(i)<br />

(ii)<br />

(iii)<br />

The resolution or part thereof which it is proposed to<br />

revoke or alter;<br />

The meeting date when it was passed; and<br />

The motion, if any, that is intended to be moved in<br />

substitution thereof.<br />

(b)<br />

(c)<br />

Such notice is to be given to the Chief Executive at least 5 clear<br />

working days before the meeting at which it is proposed to<br />

consider such a motion and is to be signed by not less than one<br />

third of the members of the local authority, including vacancies.<br />

The Chief Executive shall then give members at least 2 clear<br />

working days notice in writing of the intended motion and of the<br />

meeting at which it is proposed to be moved.<br />

Restriction on action to be<br />

taken on previous<br />

resolution<br />

Revocation or alteration of<br />

resolution at same<br />

meeting<br />

Local authority may<br />

revoke or alter any<br />

previous resolution<br />

27.16<br />

Where a notice of motion has been given in terms of standing order 27.15 no<br />

action which is irreversible shall be taken under the resolution which is<br />

proposed for revocation or alteration until the proposed notice of motion<br />

has been dealt with by the local authority, provided that if, in the opinion<br />

of the Chairperson:<br />

(a)<br />

The practical effect of the delay would be equivalent to a<br />

revocation of the resolution, or if;<br />

(b) By reason of repetitive notices the effect of the notice is an attempt by a<br />

minority to frustrate the will of the local authority;<br />

then, in either case, action may be taken as though no such notice to the<br />

Chief Executive had been given or signed.<br />

27.17<br />

If, during the course of a meeting of the local authority, fresh facts or<br />

information are received concerning a matter already resolved at the<br />

meeting, the previous resolution may be revoked or altered by the consent<br />

of 75% of the members then present and voting.<br />

27.18<br />

A local authority meeting may, on a recommendation contained in a<br />

report by the Chairperson or Chief Executive, or the report of any<br />

committee, revoke or alter all or part of resolutions previously passed at<br />

meetings. At least 2 clear working days notice of any meeting to<br />

consider such a proposal shall be given to members, accompanied by<br />

details of the proposal to be considered.<br />

Restating the motion 27.19<br />

The Chairperson may, immediately prior to any division being taken, request the<br />

Chief Executive to restate the motion upon which the division is to be<br />

taken.

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