Governance

Governance is about the checks and balances to keep Council on track to achieve its goals. It involves the process of making and enforcing decisions within the organisation. Effective governance is essential for maintaining order, achieving objectives and addressing the needs of the community. It promotes transparency and adapts to changing circumstances ensuring Council remains responsive and resilient in achieving its goals.

Our governance statement describes how we carry out our local government responsibilities and promote democracy in our community. This document is prepared at the start of each three-year term.

Porirua City: Governance Statement 2022-2025.

The Local Government Act 2002 (commonly known as the LGA) defines local government in New Zealand. The purpose of the LGA is to provide for democratic and effective local government that recognises the diversity of New Zealand communities.

The LGA:

• Sets out the purpose of local government.
• Provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them.
• Promotes the accountability of local authorities to their communities.
• Provides for local authorities to play a broad role in promoting the social, economic, environmental and cultural well-being of their communities, take a sustainable development approach.

We have responsibilities under other Aotearoa New Zealand laws as well, such as:

• Resource Management Act 1991
• Environment Act 1986

Elected members are entitled to be paid for the work undertaken. A remuneration pool is set by the Remuneration Authority and is generally by way of a base salary. The Remuneration Authority also directly sets the pay of the Mayor. See the Local Government Members (2022/23) Amendment Determination (No 3) 2022 for more information.

The pool is more than the minimum amount that can be paid to each Councillor, so Council recommends to the Remuneration Authority on how to allocate the rest of the money between elected members. Council must allocate all of the pool and elected members are required to accept the allocated remuneration.

Elected members are also entitled to claim for expenses they incur in the course of their duties as elected members. The type and limits for these claims is governed by the Reimbursement of Elected Members' Expenses Policy. The type and limit of claimable expenses do not exceed those set by the Remuneration Authority.

There are several pieces of legislation and documents which outline the legal requirements for how elected members must act and carry out their duties as elected members. This includes:

• Schedule 7 of the Local Government Act 2002: Requires elected members to act as a good employer in respect of the Chief Executive.

• Local Authorities (Members’ Interests) Act 1968: Sets out how elected members must conduct themselves in situations involving potential conflict of interest.

• Secret Commissions Act 1910: Prohibits elected members from accepting gifts or rewards that could be seen as influencing how they perform their duties.

• Crimes Act 1961: Forbids elected members from accepting bribes and using official information for their own profit.

• Financial Markets Conduct Act 2013: Holds elected members liable for financial documents registered under the Act (such as disclosure statements for products such as debt or equity securities) that contain false or misleading statements.

• Health and Safety at Work Act 2015: Requires elected members to make sure Council meets its health and safety obligations. 

• Local Government Act 2002, Section 54C: Sets out the requirements for when elected members make declarations of interests they hold. The 2024 Pecuniary Interests Register can be viewed here.

• The elected members Code of Conduct and Standing Orders provides the rules for conducting Council meetings and making decisions.