This document provides an overview of key legislation, institutions, and governance principles relevant to elected members of local authorities in New Zealand. It outlines acts that regulate official information, meetings, conflicts of interest and members' conduct. Institutions that oversee local government such as the Auditor-General and Ombudsmen are described. The document emphasizes principles of good governance including consultation, confidentiality, accountability and compliance with codes of conduct. Failure to follow legal requirements can result in personal liability for members.
Alison Graham-Well's presentation for the Exchange Chambers Annual Local Government and Social Landlord Conference, Liverpool Town Hall 4 November 2014
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
Alison Graham-Well's presentation for the Exchange Chambers Annual Local Government and Social Landlord Conference, Liverpool Town Hall 4 November 2014
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
If you would like to enter the world of online Cryptocurrency trading with modern Cloud Mining platform then you are on your right way. Investments with Cryptoheritage are affordable and safe. Our team works tirelessly to ensure that each and every one of our clients receives the attention they deserve and reaches great success and growth throughout their investment career.
Multijurisdictional practice issues for traveling lawyers ethics michael_downeyArmstrong Teasdale
Today in-house counsel are expected to handle legal matters for clients all over the country. In this presentation, Michael Downey covers the limits on what lawyers may do in states where they are not licensed, as well as problems that may arise for both the attorney and client when a lawyer exceeds those limits.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
Newsom Issues Three COVID-19 Brown Act Orders: Here’s What He Urgently ChangedMeyers Nave
Governor Newsom recently signed three Executive Orders that changed fundamental limitations and requirements of the Brown Act. He signed Executive Order N-25-20 on March 12, Executive Order N-29-20 on March 17, and Executive Order N-35-20 on March 21. Before everyone had figured out the section of the March 12 order that addressed the Brown Act, parts of that section were withdrawn and superseded by the March 17 order and the remaining parts continued in the March 17 order. And then the March 21 order made more changes – all of which relate to the COVID-19 pandemic.
This presentation was presented to the Advanced Legal Research Class at William Mitchell College of Law on October 11, 2013 and covers municipal law, the doctrine of home rule, and overview of state administrative law and a brief discussion of entertainment law including Video Games.
With the help of this presentation, Indian students can get clear idea about how to study in UK. Indian students can also search and shortlist from the list of top 100 UK universities at https://www.meetuniv.com/study-in-uk-universities
If you would like to enter the world of online Cryptocurrency trading with modern Cloud Mining platform then you are on your right way. Investments with Cryptoheritage are affordable and safe. Our team works tirelessly to ensure that each and every one of our clients receives the attention they deserve and reaches great success and growth throughout their investment career.
Multijurisdictional practice issues for traveling lawyers ethics michael_downeyArmstrong Teasdale
Today in-house counsel are expected to handle legal matters for clients all over the country. In this presentation, Michael Downey covers the limits on what lawyers may do in states where they are not licensed, as well as problems that may arise for both the attorney and client when a lawyer exceeds those limits.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
Newsom Issues Three COVID-19 Brown Act Orders: Here’s What He Urgently ChangedMeyers Nave
Governor Newsom recently signed three Executive Orders that changed fundamental limitations and requirements of the Brown Act. He signed Executive Order N-25-20 on March 12, Executive Order N-29-20 on March 17, and Executive Order N-35-20 on March 21. Before everyone had figured out the section of the March 12 order that addressed the Brown Act, parts of that section were withdrawn and superseded by the March 17 order and the remaining parts continued in the March 17 order. And then the March 21 order made more changes – all of which relate to the COVID-19 pandemic.
This presentation was presented to the Advanced Legal Research Class at William Mitchell College of Law on October 11, 2013 and covers municipal law, the doctrine of home rule, and overview of state administrative law and a brief discussion of entertainment law including Video Games.
With the help of this presentation, Indian students can get clear idea about how to study in UK. Indian students can also search and shortlist from the list of top 100 UK universities at https://www.meetuniv.com/study-in-uk-universities
Head of our Private Client department, Dawn Joughin, offers her professional expertise with her user-friendly, plain-speaking Will workshop.
Our private client law department is headed by Dawn Joughin who was recently short listed for the prestigious Legal Executive of the Year 2011 award.
Dawn and her staff will be able to help you with any private client law issues you might be facing, providing professional private client law advice across a range of topics including wills, probates and estates, inheritance tax advice, lasting and enduring powers of attorney and the legal implications of long term care for yourself or for an elderly relative. We can also help you when it comes to reclaiming overpaid NHS Care Home fees.
If you think we can help you, call today on 0151 239 1000
Succession, attorney & guardianship law reformsRussell_Kennedy
Russell Kennedy Lawyers provides an overview of the updates to Powers of Attorney, Guardianship and Succession law. Originally presented by Daniel Kelliher, Anita Courtney and Michael Labiris on 12 November 2014.
Mark Restall delivered a training session at AVM 2016 on the basics of volunteers and the law. Covering the basic considerations that volunteer managers need to make when engaging volunteers in their activies.
This presentation provides an overview of Georgians for a Healthy Future's 2015 legislative policy priorities. It also contains information about Georgia's legislative process and resources for health care advocacy.
To watch this presentation as an archived webinar and presented by GHF staff, visit this link: http://www.healthtecdl.org/events/details/Health-Care-Policy-and-Advocacy-for-the-2015-Legislative-Session.cfm
Discover the importance of estate planning for seniors in Toronto. Learn about wills, executors, and more. Contact Sharp Asset Management for expert advice.
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
role of women and girls in various terror groupssadiakorobi2
Women have three distinct types of involvement: direct involvement in terrorist acts; enabling of others to commit such acts; and facilitating the disengagement of others from violent or extremist groups.
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
19. Consultation
LGA s.82
(1) Consultation that a local authority undertakes in relation to any decision or other
matter must be undertaken, subject to subsections (3) to (5), in accordance with the
following principles:
(a)that persons who will or may be affected by, or have an interest in, the decision or
matter should be provided by the local authority with reasonable access to relevant
information in a manner and format that is appropriate to the preferences and needs
of those persons:
(b) that persons who will or may be affected by, or have an interest in, the decision or
matter should be encouraged by the local authority to present their views to the local
authority:
(c) that persons who are invited or encouraged to present their views to the local
authority should be given clear information by the local authority concerning the
purpose of the consultation and the scope of the decisions to be taken following the
consideration of views presented:
(d) that persons who wish to have their views on the decision or matter considered by
the local authority should be provided by the local authority with a reasonable
opportunity to present those views to the local authority in a manner and format that
is appropriate to the preferences and needs of those persons:
(e) that the views presented to the local authority should be received by the local
authority with an open mind and should be given by the local authority, in making a
decision, due consideration:
(f) that persons who present views to the local authority should be provided by the local
authority with information concerning both the relevant decisions and the reasons for
those decisions.
24. That other interest or duty might
exist because of:
• your own financial affairs;
• a relationship or role that you have; or
• something you have said or done.
• employment with another organisation;
• involvement in another business;
• professional or legal obligations owed to someone else;
• holding another office;
“Managing Conflicts of Interest in the Public Sector” Edrick Child Senior Solicitor, Office of the Controller and Auditor-General Lexis Nexis
In-House Counsel conference 2005
25. • membership of another organisation;
• investments and property ownership;
• beneficial interests in trusts;
• gifts and hospitality;
• debts;
• family or close personal relationships; and
• strong political or personal beliefs or public statements that
may indicate predetermination.
26. Managing conflicts
Some (not all) conflicts can be effectively managed
• enquiring as to whether all affected parties will consent to the
person’s involvement;
• imposing additional oversight or review over the person;
• withdrawal from discussing or voting on a particular item of
business at a meeting;
• exclusion from a committee or working group dealing with the issue;
27. Managing conflicts (cont)
• re-assigning certain tasks or duties to another person;
• agreement or direction not to do particular acts;
• placing restrictions on access to certain confidential
information;
• transferring the person (temporarily or permanently) to
another position or task;
• relinquishing the private interest; or
• resignation or dismissal from one or other position or entity.
28. Personal Liability
• Generally, members are exempt/indemnified from liability to
third parties if
• Acting in good faith; and
• in pursuance (or intended pursuance) of the responsibilities or
powers of the local authority (LGA s.43)
• BUT
29. Where Auditor-General finds the
local authority has
• Unlawfully expended money; or
• Unlawfully sold or otherwise disposed an asset; or
• Unlawfully incurred a liability; or
• Intentionally or negligently failed to enforce the collection of
money it is lawfully entitled to receive.
30. “Unlawful Expenditure”
• Negligence or bad faith not required
• Objective- no fault required
• Examples:
• Extravagant and unjustified payment of wages in excess of
prevailing rates to staff (Roberts v Hopwood)
• Wilful failure to increase rent on council dwellings in accordance
with statutory duty
31. Individual Council Members are
liable
• Jointly and severally unless the liability was incurred:
• without the defendant's knowledge; or
• with the defendant's knowledge but against the
defendant's protest made at or before the time when the
loss occurred; or
• contrary to the manner in which the defendant voted on
the issue at a meeting of the local authority; or
• in circumstances where the member acted in good faith
and in reliance on information prepared or supplied by:
• an employee of the local authority whom the defendant believed
on reasonable grounds to be reliable and competent in relation
to the matters concerned:
• a professional adviser or expert in relation to matters that the
defendant believed on reasonable grounds to be within the
person's professional or expert competence.
32. Therefore
• Take an active role in voting on resolutions
• Ensure dissent to illegal expenditure is recorded
• Take advice from Council solicitors
33. Liability for conflict of interest
• In addition to personal liability for damages discussed
above, members can be:
• Prosecuted for breach of Local Government (Members Interest)
Act (fine – loss of office)
• Prosecuted under Secret Commissions Act (2 years imprisonment
- $1000.00 fine – loss of office)
• Prosecuted under Crimes Act s.105 (corruptly obtain
bribe/reward for official acts – 7 years imprisonment
34. Code of Conduct
• Required under LGA 2002 Schedule 7 Part 1
• Must include
• understandings and expectations adopted by the local
authority about the manner in which members may
conduct themselves while acting in their capacity as
members, including—
• behaviour toward one another, staff, and the public; and
• disclosure of information to elected members that is received
by, or is in the possession of, an elected member in his or her
capacity as an elected member; and relates to the ability of the
local authority to give effect to any provision of the Act; and
• a general explanation of the Local Government Official
Information and Meetings Act 1987 and other enactment
or rule of law applicable to members.
35. Code of Conduct
• A member of a local authority must comply with the
code of conduct of that local authority (doesn’t
apply to community boards – should you consider
adopting?)
• Codes of Conduct – Cover
• Roles and responsibilities
• Elected members
• Mayor, Deputy Mayor, Committee Chairs
• Chief Executive
• Relationships and behaviours
• Relationships with other members, staff, community, news media
• Confidential information
• Conflicts of interest and other ethical matters
36. Code of Conduct (Cont)
• Key Messages
• Avoid actual and perceived impropriety
• If in doubt, declare, discuss
• Avoid bias and predetermination – approach issues with an open
mind
• Treat others with courtesy, respect and dignity.
• Attend and vote at meetings
37. Governance/Management
• Council Governs (concerned with ends – hands off)
• Chief Executive manages (concerned with means – hands
on)
• Must be a good employer
• Elected members should deal with Chief Executive not
direct with individual staff
• Members should
• Stand behind decisions of Council (respect lawful decisions)
• Not criticise management – or sponsor emotive resolutions
• Maintain confidentiality
38. Standing Orders
• All members must comply with standing orders
• Standing Orders :
• Reflect/paraphrase various statutory requirements inc:
• Local Government Act 2002, LGIOMA, Members Interests, Resource
Management Act
• Regulate the conduct of meetings and voting procedures
39. Meeting Procedure
• Governed by
• LGA
• LGOIMA
• Code of Conduct
• NZS 9202:2003
• Generally must be formally notified with sufficient notice to
inform public.
• Late agenda items can be considered
40. Late items
Standing Order 3.7.5. (LGOIMA s.46A)
Subject to Standing Order 3.7.5.1, where an item is
not on the agenda for a meeting, that item may be
dealt with at that meeting if—
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting at a time
when it is open to the
public,—
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be
delayed until a subsequent meeting.
41. Late items (cont)
Standing Order 3.7.5.1 (LGOIMA s.46A)
Where an item is not on the agenda for a meeting,—
(a) That item may be discussed at that meeting if—
(i) That item is a minor matter relating to the general business of the
local
authority; and
(ii) The presiding member explains at the beginning of the meeting, at a
time
when it is open to the public, that the item will be discussed at the
meeting;
but
(b) No resolution, decision, or recommendation may be made in
respect of that item except to refer that item to a subsequent
meeting of the local authority for further discussion.
42. For More Information
• In-house governance/democratic services/legal team
• www.legislation.govt.nz