Part 1 Preliminary
1 Name of Regulation
This Regulation is the Local Government (Meetings) Regulation 1999.
2 Commencement
This Regulation commences on 1 September 1999.
3 Definitions
In this Regulation:amendment, in relation to an original motion, means a motion moving an amendment to that motion.chairperson:(a) in relation to a meeting of a council—means the person presiding at the meeting as provided by section 369 of the Act, and(b) in relation to a meeting of a committee of a council—means the person presiding at the meeting as provided by clause 40.committee, in relation to a council, means a committee established under clause 33 or the council when it has resolved itself into a committee of the whole.councillor includes a member of the governing body of a county council.the Act means the Local Government Act 1993.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Convening of, and attendance at, council meetings
5 Notice of meetings
(1) This clause prescribes the manner in which the requirements outlined in section 9 (1) of the Act are to be complied with.(2) A notice of a meeting of a council or of a committee must be published in a newspaper circulating in the area before the meeting takes place.(3) The notice must specify the time and place of the meeting.(4) Notice of more than one meeting may be given in the same notice.(5) This clause does not apply to an extraordinary meeting of a council or committee.
6 What happens when a quorum is not present
(1) A meeting of a council must be adjourned if a quorum is not present:(a) within half an hour after the time designated for the holding of the meeting, or(b) at any time during the meeting.(2) In either case, the meeting must be adjourned to a time, date and place fixed:(a) by the chairperson, or(b) in his or her absence—by the majority of the councillors present, or(c) failing that, by the general manager.(3) The general manager must record in the council’s minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the council, together with the names of the councillors present.
7 Minister to convene meetings in certain cases
(1) Whenever an area is constituted or reconstituted, the Minister is required:(a) to convene the first meeting of the council of the area, and(b) to nominate the business to be transacted at the meeting, and(c) to give the councillors notice of the meeting.(2) If there is no quorum at that meeting, the Minister may convene meetings in the same manner until a quorum is present.(3) The council must transact the business nominated by the Minister for a meeting convened under this clause.
8 Presence at council meetings
A councillor cannot participate in a meeting of a council unless personally present at the meeting.
Part 3 Procedure for the conduct of council meetings
9 Councillor to be elected to preside at certain meetings
(1) If no chairperson is present at a meeting of a council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a chairperson to preside at the meeting.Note—Section 369 (2) of the Act provides for a councillor to be elected to chair a meeting of a council when the mayor and deputy mayor are absent.(2) The election must be conducted:(a) by the general manager or, in his or her absence, an employee of the council designated by the general manager to conduct the election, or(b) if neither of them is present at the meeting or there is no general manager or designated employee—by the person who called the meeting or a person acting on his or her behalf.(3) If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.(4) For the purposes of subclause (3), the person conducting the election must:(a) arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and(b) then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.(5) The candidate whose name is on the drawn slip is the candidate who is to be the chairperson.
10 Chairperson to have precedence
When the chairperson rises during a meeting of a council:(a) any councillor then speaking or seeking to speak must, if standing, immediately resume his or her seat, and(b) every councillor present must be silent to enable the chairperson to be heard without interruption.
11 Chairperson’s duty with respect to motions
(1) It is the duty of the chairperson at a meeting of a council to receive and put to the meeting any lawful motion that is brought before the meeting.(2) The chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.(3) Any motion, amendment or other matter that the chairperson has ruled out of order is taken to have been rejected.
12 Order of business
(1) At a meeting of a council (other than an extraordinary meeting), the general order of business is (except as provided by this Regulation) as fixed by the council’s code of meeting practice or (if the council does not have a code of meeting practice or its code of meeting practice does not fix the general order of business) as fixed by resolution of the council.(2) The order of business fixed under subclause (1) may be altered if a motion to that effect is passed. Such a motion can be moved without notice.(3) Despite clause 23, only the mover of a motion referred to in subclause (2) may speak to the motion before it is put.
13 Agenda and business papers for council meetings
(1) The general manager must ensure that the agenda for a meeting of the council states:(a) all matters to be dealt with arising out of the proceedings of former meetings of the council, and(b) if the mayor is the chairperson—any matter or topic that the chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and(c) subject to subclause (2), any business of which due notice has been given.(2) The general manager must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful. The general manager must report (without giving details of the item of business) any such exclusion to the next meeting of the council.(3) The general manager must cause the agenda for a meeting of the council or a committee of the council to be prepared as soon as practicable before the meeting.(4) The general manager must ensure that the details of any item of business to which section 9 (2A) of the Act applies are included in a business paper for the meeting concerned.(5) Nothing in this clause limits the powers of the chairperson under clause 16.
14 Giving notice of business
(1) A council must not transact business at a meeting of the council:(a) unless a councillor has given notice of the business in writing within such time before the meeting as is fixed by the council’s code of meeting practice or (if the council does not have a code of meeting practice or its code of meeting practice does not fix that time) as is fixed by resolution of the council, and(b) unless notice of the business has been sent to the councillors in accordance with section 367 of the Act.(2) Subclause (1) does not apply to the consideration of business at a meeting if the business:(a) is already before, or directly relates to a matter that is already before, the council, or(b) is the election of a chairperson to preside at the meeting as provided by clause 9 (1), or(c) is a matter or topic put to the meeting by the chairperson in accordance with clause 16, or(d) is a motion for the adoption of recommendations of a committee of the council.(3) Despite subclause (1), business may be transacted at a meeting of a council even though due notice of the business has not been given to the councillors. However, this can happen only if:(a) a motion is passed to have the business transacted at the meeting, and(b) the business proposed to be brought forward is ruled by the chairperson to be of great urgency.Such a motion can be moved without notice.(4) Despite clause 23, only the mover of a motion referred to in subclause (3) can speak to the motion before it is put.
15 Agenda for extraordinary meetings
(1) The general manager must ensure that the agenda for an extraordinary meeting of a council deals only with the matters stated in the notice of the meeting.(2) Despite subclause (1), business may be transacted at an extraordinary meeting of a council even though due notice of the business has not been given to the councillors. However, this can happen only if:(a) a motion is passed to have the business transacted at the meeting, and(b) the business proposed to be brought forward is ruled by the chairperson to be of great urgency.Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of.(3) Despite clause 23, only the mover of a motion referred to in subclause (2) can speak to the motion before it is put.
16 Official minutes
(1) If the mayor is the chairperson at a meeting of a council, the chairperson is, by minute signed by the chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of the council or of which the council has official knowledge.(2) Such a minute, when put to the meeting, takes precedence over all business on the council’s agenda for the meeting. The chairperson (but only if the chairperson is the mayor) may move the adoption of the minute without the motion being seconded.(3) A recommendation made in a minute of the chairperson (being the mayor) or in a report made by a council employee is, so far as adopted by the council, a resolution of the council.
17 Report of a Departmental representative to be tabled at council meeting
When a report of a Departmental representative has been presented to a meeting of a council in accordance with section 433 of the Act, the council must ensure that the report:(a) is laid on the table at that meeting, and(b) is subsequently available for the information of councillors and members of the public at all reasonable times.
18 Notice of motion—absence of mover
In the absence of a councillor who has placed a notice of motion on the agenda for a meeting of a council:(a) any other councillor may move the motion at the meeting, or(b) the chairperson may defer the motion until the next meeting of the council at which the motion can be considered.
19 Motions to be seconded
A motion or an amendment cannot be debated unless or until it has been seconded. This clause is subject to clauses 16 (2) and 23 (5).
20 How subsequent amendments may be moved
If an amendment has been rejected, a further amendment can be moved to the motion to which the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before the council at any one time.
21 Motions of dissent
(1) A councillor can, without notice, move to dissent from the ruling of the chairperson on a point of order. If that happens, the chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.(2) If a motion of dissent is passed, the chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the chairperson must restore the motion or business to the agenda and proceed with it in due course.(3) Despite clause 23, only the mover of a motion of dissent and the chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply.
22 Questions may be put to councillors and council employees
(1) A councillor:(a) may, through the chairperson, put a question to another councillor, and(b) may, through the general manager, put a question to a council employee.(2) However, a councillor or council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents.(3) The councillor must put every such question directly, succinctly and without argument.(4) The chairperson must not permit discussion on any reply or refusal to reply to a question put to a councillor or council employee under this clause.
23 Limitation as to number of speeches
(1) A councillor who, during a debate at a meeting of a council, moves an original motion has the right of general reply to all observations that are made by another councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment.(2) A councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.(3) A councillor must not, without the consent of the council, speak more than once on a motion or an amendment, or for longer than 5 minutes at any one time. However, the chairperson may permit a councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than 5 minutes on that motion or amendment to enable the councillor to make a statement limited to explaining the misrepresentation or misunderstanding.(4) Despite subclauses (1) and (2), a councillor may move that a motion or an amendment be now put:(a) if the mover of the motion or amendment has spoken in favour of it and no councillor expresses an intention to speak against it, or(b) if at least 2 councillors have spoken in favour of the motion or amendment and at least 2 councillors have spoken against it.(5) The chairperson must immediately put to the vote, without debate, a motion moved under subclause (4). A seconder is not required for such a motion.(6) If a motion that the original motion or an amendment be now put is passed, the chairperson must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply under subclause (1).(7) If a motion that the original motion or an amendment be now put is rejected, the chairperson must allow the debate on the original motion or the amendment to be resumed.
24 Voting at council meetings
(1) A councillor who is present at a meeting of a council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.(2) If a councillor who has voted against a motion put at a council meeting so requests, the general manager must ensure that the councillor’s dissenting vote is recorded in the council’s minutes.(3) The decision of the chairperson as to the result of a vote is final, unless the decision is immediately challenged and not fewer than 2 councillors rise and demand a division.(4) When a division on a motion is demanded, the chairperson must ensure that the division takes place immediately. The general manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the council’s minutes.(5) Voting at a council meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices or by show of hands). However, the council may resolve that the voting in any election by councillors for mayor or deputy mayor is to be by secret ballot.Note—The Local Government (Elections) Regulation 1998 provides that a council is to resolve whether an election by the councillors for mayor or deputy mayor is to be by preferential ballot, ordinary ballot or open voting (clause 124 and clause 3 of Schedule 3). Clause 3 of Schedule 3 also makes it clear that ballot has its normal meaning of secret ballot.cl 24: Am 30.3.2001.
25 Representations by members of the public—closure of part of meeting
(1) A representation at a council meeting by a member of the public as to whether a part of the meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.(2) That period is as fixed by the council’s code of meeting practice or (if the council does not have a code of meeting practice or its code of meeting practice does not fix that period) as fixed by resolution of the council. Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.
26 Resolutions passed at closed meetings to be made public
If a council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.
27 Matters to be included in minutes of council meeting
The general manager must ensure that the following matters are recorded in the council’s minutes:(a) details of each motion moved at a council meeting and of any amendments moved to it,(b) the names of the mover and seconder of the motion or amendment,(c) whether the motion or amendment is passed or lost.Note—Section 375 (1) of the Act requires a council to ensure that full and accurate minutes are kept of the proceedings of a meeting of the council (other provisions of this Regulation and of the Act require particular matters to be recorded in a council’s minutes).
Part 4 Keeping order at meetings
28 Questions of order
(1) The chairperson, without the intervention of any other councillor, may call any councillor to order whenever, in the opinion of the chairperson, it is necessary to do so.(2) A councillor who claims that another councillor has committed an act of disorder, or is out of order, may call the attention of the chairperson to the matter.(3) The chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of the council.(4) The chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed.
29 Acts of disorder
(1) A councillor commits an act of disorder if the councillor, at a meeting of a council or a committee of a council:(a) contravenes the Act or any regulation in force under the Act, or(b) assaults or threatens to assault another councillor or person present at the meeting, or(c) moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the council or committee, or addresses or attempts to address the council or committee on such a motion, amendment or matter, or(d) insults or makes personal reflections on or imputes improper motives to any other councillor, or(e) says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the council or committee into contempt.(2) The chairperson may require a councillor:(a) to apologise without reservation for an act of disorder referred to in subclause (1) (a) or (b), or(b) to withdraw a motion or an amendment referred to in subclause (1) (c) and, where appropriate, to apologise without reservation, or(c) to retract and apologise without reservation for an act of disorder referred to in subclause (1) (d) or (e).(3) A councillor may, as provided by section 10 (2) (a) or (b) of the Act, be expelled from a meeting of a council for having failed to comply with a requirement under subclause (2). The expulsion of a councillor from the meeting for that reason does not prevent any other action from being taken against the councillor for the act of disorder concerned.
30 How disorder at a meeting may be dealt with
(1) If disorder occurs at a meeting of a council, the chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the chair. The council, on reassembling, must, on a question put from the chair, decide without debate whether the business is to be proceeded with or not. This subclause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of councillors.(2) A member of the public may, as provided by section 10 (2) (a) or (b) of the Act, be expelled from a meeting of a council for engaging in or having engaged in disorderly conduct at the meeting.
31 Power to remove persons from meeting after expulsion
If a councillor or a member of the public fails to leave the place where a meeting of a council is being held:(a) immediately after the council has passed a resolution expelling the councillor or member from the meeting, ora police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the councillor or member from that place and, if necessary, restrain the councillor or member from re-entering that place.(b) where the council has authorised the person presiding at the meeting to exercise the power of expulsion—immediately after being directed by the person presiding to leave the meeting,
Part 5 Council committees
32 Committee of the whole
(1) All the provisions of this Regulation relating to meetings of a council, so far as they are applicable, extend to and govern the proceedings of the council when in committee of the whole, except the provision limiting the number and duration of speeches.(2) The general manager or, in the absence of the general manager, an employee of the council designated by the general manager is responsible for reporting to the council proceedings in committee of the whole. It is not necessary to report the proceedings in full but any recommendations of the committee must be reported.(3) The council must ensure that a report of the proceedings (including any recommendations of the committee) is recorded in the council’s minutes. However, the council is not taken to have adopted the report until a motion for adoption has been made and passed.
33 Council may establish committees
(1) A council may, by resolution, establish such committees as it considers necessary.(2) A committee is to consist of the mayor and such other councillors as are elected by the councillors or appointed by the council.(3) The quorum for a meeting of a committee is to be:(a) such number of members as the council decides, or(b) if the council has not decided a number—a majority of the members of the committee.
34 Functions of committees
A council must specify the functions of each of its committees when the committee is established, but may from time to time amend those functions.
35 Notice of committee meetings to be given
(1) The general manager of a council must send to each councillor, at least 3 days before each meeting of the committee, a notice specifying:(a) the time and place at which and the date on which the meeting is to be held, and(b) the business proposed to be transacted at the meeting.(2) However, notice of less than 3 days may be given of a committee meeting called in an emergency.
36 Non-members entitled to attend committee meetings
(1) A councillor who is not a member of a committee of a council is entitled to attend, and to speak at, a meeting of the committee.(2) However, the councillor is not entitled:(a) to give notice of business for inclusion in the agenda for the meeting, or(b) to move or second a motion at the meeting, or(c) to vote at the meeting.
37 Representations by members of the public—closure of part of meeting
(1) A representation at a committee meeting by a member of the public as to whether a part of the meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.(2) That period is as fixed by the council’s code of meeting practice or (if the council does not have a code of meeting practice or its code of meeting practice does not fix that period) as fixed by resolution of the council. Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.
38 Procedure in committees
(1) Subject to subclause (3), each committee of a council may regulate its own procedure.(2) Without limiting subclause (1), a committee of a council may decide that, whenever the voting on a motion put to a meeting of the committee is equal, the chairperson of the committee is to have a casting vote as well as an original vote.(3) Voting at a committee meeting is to be by open means (such as on the voices or by show of hands).
39 Committees to keep minutes
(1) Each committee of a council must ensure that full and accurate minutes of the proceedings of its meetings are kept. In particular, a committee must ensure that the following matters are recorded in the committee’s minutes:(a) details of each motion moved at a meeting and of any amendments moved to it,(b) the names of the mover and seconder of the motion or amendment,(c) whether the motion or amendment is passed or lost.(2) As soon as the minutes of an earlier meeting of a committee of the council have been confirmed at a later meeting of the committee, the person presiding at the later meeting must sign the minutes of the earlier meeting.
40 Chairperson and deputy chairperson of committees
(1) The chairperson of each committee of the council must be:(a) the mayor, or(b) if the mayor does not wish to be the chairperson of a committee—a member of the committee elected by the council, or(c) if the council does not elect such a member—a member of the committee elected by the committee.(2) A council may elect a member of a committee of the council as deputy chairperson of the committee. If the council does not elect a deputy chairperson of such a committee, the committee may elect a deputy chairperson.(3) If neither the chairperson nor the deputy chairperson of a committee of a council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be acting chairperson of the committee.(4) The chairperson is to preside at a meeting of a committee of a council. If the chairperson is unable or unwilling to preside, the deputy chairperson (if any) is to preside at the meeting, but if neither the chairperson nor the deputy chairperson is able or willing to preside, the acting chairperson is to preside at the meeting.
41 Absence from committee meetings
(1) A member ceases to be a member of a committee if the member (other than the mayor):(a) has been absent from 3 consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absences, or(b) has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.(2) Subclause (1) does not apply if all of the members of the council are members of the committee.Note—The expression year means the period beginning 1 July and ending the following 30 June. See the dictionary to the Act.
42 Reports of committees
(1) If in a report of a committee of the council distinct recommendations are made, the decision of the council may be made separately on each recommendation.(2) The recommendations of a committee of the council are, so far as adopted by the council, resolutions of the council.(3) If a committee of a council passes a resolution, or makes a recommendation, during a meeting, or a part of a meeting, that is closed to the public, the chairperson must:(a) make the resolution or recommendation public as soon as practicable after the meeting or part of the meeting has ended, and(b) report the resolution or recommendation to the next meeting of the council.
43 Disorder in committee meetings
The provisions of the Act and of this Regulation relating to the maintenance of order in council meetings apply to meetings of committees of the council in the same way as they apply to meetings of the council.
44 Certain persons may be expelled from council committee meetings
(1) If a meeting or part of a meeting of a committee of a council is closed to the public in accordance with section 10A of the Act, any person who is not a councillor may be expelled from the meeting as provided by section 10 (2) (a) or (b) of the Act.(2) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the council, committee or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.
Part 6 Miscellaneous
45 Disclosure and misuse of information—prescribed circumstances
For the purposes of section 664 (1B) (c) of the Act, any disclosure made with the intention of enabling the Minister or the Director-General to properly exercise the functions conferred or imposed on them by or under the Act is a prescribed circumstance.
46 Inspection of the minutes of a council or committee
(1) An inspection of the minutes of a council or committee of a council is to be carried out under the supervision of the general manager or an employee of the council designated by the general manager to supervise inspections of those minutes.(2) The general manager must ensure that the minutes of the council and any minutes of a committee of the council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them.Note—Section 12 of the Act confers a right (restricted in the case of closed parts of meetings) to inspect the minutes of a council or committee of a council.
47 Tape recording of meeting of council or committee prohibited without permission
(1) A person may use a tape recorder to record the proceedings of a meeting of a council or a committee of a council only with the authority of the council or committee.(2) A person may, as provided by section 10 (2) (a) or (b) of the Act, be expelled from a meeting of a council or a committee of a council for using or having used a tape recorder in contravention of this clause.(3) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.(4) In this clause, tape recorder includes a video camera and any electronic device capable of recording speech, whether a magnetic tape is used to record or not.
48 Council seal
(1) The seal of a council must be kept by the mayor or the general manager, as the council determines.(2) The seal of a council may be affixed to a document only in the presence of:(a) the mayor and the general manager, or(b) at least one councillor (other than the mayor) and the general manager, or(c) the mayor and at least one other councillor, or(d) at least 2 councillors other than the mayor.(3) The affixing of a council seal to a document has no effect unless the persons who were present when the seal was affixed (being persons referred to in subclause (2)) attest by their signatures that the seal was affixed in their presence.(4) The seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed.(5) For the purposes of subclause (4), a document in the nature of a reference or certificate of service for an employee of the council does not relate to the business of the council.
49 Repeal
(1) The Local Government (Meetings) Regulation 1993 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Local Government (Meetings) Regulation 1993, had effect under that Regulation continues to have effect under this Regulation.