LOCAL GOVERNMENT ACT 1999 - SECT 86
LOCAL GOVERNMENT ACT 1999 - SECT 86
(1) The
principal member of a council will preside at a meeting of the council.
(2) If the
principal member is absent from a meeting of a council and there is a deputy,
the deputy will preside but if there is no deputy or the deputy is not
available to preside, a member of the council chosen by those present will
preside.
(3) If—
(a) a
person is to be chosen to be the principal member of a council at a meeting of
the council; or
(b) a
member of the council must be chosen by those present at a meeting of the
council to preside at the meeting,
the chief executive officer will preside until the matter is decided.
(4) Subject to this
Act, a question arising for decision at a meeting of a council will be decided
by a majority of the votes cast by the members present at the meeting and
entitled to vote on the question.
(5) Each member
present at a meeting of a council must, subject to a provision of this Act to
the contrary, vote on a question arising for decision at that meeting.
(6) The mayor of a
council, or other member presiding in the absence of the mayor, at a meeting
of the council, does not have a deliberative vote on a question arising for
decision at the meeting but has, in the event of an equality of votes, a
casting vote.
(6a) A member of a
council must not, while at a meeting—
(a)
behave in an improper or disorderly manner; or
(b)
cause an interruption or interrupt another member who is speaking.
(6b) If a member
contravenes or fails to comply with subsection (6a), the presiding member
may, in accordance with the regulations, direct that the member be excluded
from the meeting room (including any area set aside for the public) such that
the member cannot view or hear any discussion at the meeting, and remain out
of the meeting room for a period (not exceeding 15 minutes) determined by
the presiding member.
(6c) A member excluded
from a meeting under subsection (6b) must comply with the direction and
any requirements of the regulations in relation to the exclusion.
(6d) A matter must not
be put to a vote at a meeting of a council while a member is excluded under
subsection (6b).
(6e) Nothing in
subsections (6a) to (6d) prevents the regulations from prescribing
procedures authorising a council to resolve to censure a member of the council
or exclude or suspend a member from a meeting in accordance with the
regulations.
(8) Subject to this
Act, the procedure to be observed at a meeting of a council will be—
(a) as
prescribed by regulation;
(b)
insofar as the procedure is not prescribed by regulation—as determined
by the council.
(9) A meeting of a
council may be adjourned from time to time and from place to place.