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LOCAL GOVERNMENT ACT 1993 - SECT 52 Non-application of Part

LOCAL GOVERNMENT ACT 1993 - SECT 52

Non-application of Part

(1)  This Part does not apply to a councillor, member or close associate who has any pecuniary interest in any matter if –
(a) the benefit or detriment is one received in common with all or a substantial proportion of the electors of the municipal area; or
(b) the matter relates to an insurance policy or an indemnity policy being considered or taken out by the council, single authority or joint authority to insure or indemnify councillors or members or their spouses or partners unless the matter relates to, or is a claim made by, the councillor or member; or
(c) in relation to the consideration of an application or request for approval, authorisation, licence, permit, exemption or other right under this or any other Act, the extent of the interest of the councillor, member or close associate is no greater than that of any other member of the public; or
(ca) the matter relates to the making of a rate or charge under Part 9 ; or
(d) the matter relates to any allowances or expenses payable to all councillors or members; or
(e) the interest is a beneficial interest in shares of a company or other body where the total nominal value of those shares does not exceed whichever is the lesser of the following amounts:
(i) an amount of $10 000;
(ii) an amount which is 1% of the total nominal value of the issued share capital of the company or body.
(1A)  For the purpose of subsection (1)  –
substantial proportion of the electors means at least 5% or 1 000 electors, whichever is the lesser.
(2)  This Part does not apply to a councillor, member or close associate who has any pecuniary interest in any matter only because –
(a) the matter involves –
(i) expenditure from money belonging to, or held by, a council, council committee, special committee, controlling authority, single authority or joint authority and the councillor or member contributes to the money as a ratepayer; or
(ii) the fixing of fees by a council, single authority or joint authority; or
(iii) the terms and conditions on which the right to participate in the supply of goods and services is offered to members of the public; or
(b) the councillor or member or close associate is a person to whom goods or services are supplied in the same manner and subject to the same terms and conditions as apply to members of the public; or
(c) the councillor or member or close associate provides services of a professional nature to another person who is the subject of, or is involved in, the matter; or
(d) the councillor or member or close associate is a member of a body, club, union or other non-profit organisation if –
(i) a personal benefit or detriment to the councillor, member or close associate, or the spouse or partner of the councillor, member or close associate, is not involved; and
(ii) the councillor, member or close associate is not an office-bearer of that body, club, union or organisation; or
(da) the councillor, member or close associate is appointed or nominated as a member of a body by the council; or
(e) the matter relates to planning and development issues that apply throughout the municipal area and do not result in any particular benefit or detriment to the councillor or member or close associate that is no greater than any member of the public; or
(f) the councillor or member or close associate is an employee in the service of the Crown or of a body established under any Act for a public purpose; or
(g) the councillor or member or close associate is a candidate for election as councillor, mayor or deputy mayor; or
(h) the councillor, member or close associate is a member of a body established by a council.
(3)  A council, at a meeting open to the public, may decide to exempt a councillor or member from this Part for a period not exceeding 12 months if the councillor or member has a potential pecuniary interest in a matter only because of being appointed or nominated as a councillor or member due to expertise arising from direct involvement in an activity that gives rise to that potential pecuniary interest.