sec.242HRecording of reasons for particular decisions

sec.242H Recording of reasons for particular decisions

This section applies if a decision made at a council meeting is inconsistent with a recommendation or advice given to the council by an advisor of the council and either or both of the following apply to the decision— the decision is about entering into a contract the total value of which is more than the greater of the following— $200,000 exclusive of GST; 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report; the decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision. the grant of a licence, permit or approval, however named, under an Act or local law the grant of a concession, rebate or waiver in relation to an amount owed to the council the disposal of land or a non-current asset Also, this section applies if a decision is made at a council meeting about a conduct breach under the Local Government Act , section 150AG that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct. The chief executive officer must ensure the minutes of the council meeting include a statement of the reasons for not adopting the recommendation or advice. In this section— advisor , of the council, means a person— who is an employee of the council or is otherwise engaged to provide services to the council; and whose duties include giving a recommendation or advice. s 242H ins 2020 SL No. 156 s 8 amd 2023 Act No. 30 s 26 (sec.242H-ssec.1) This section applies if a decision made at a council meeting is inconsistent with a recommendation or advice given to the council by an advisor of the council and either or both of the following apply to the decision— the decision is about entering into a contract the total value of which is more than the greater of the following— $200,000 exclusive of GST; 1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report; the decision is inconsistent with a policy of the council, or the approach ordinarily followed by the council for the type of decision. the grant of a licence, permit or approval, however named, under an Act or local law the grant of a concession, rebate or waiver in relation to an amount owed to the council the disposal of land or a non-current asset (sec.242H-ssec.2) Also, this section applies if a decision is made at a council meeting about a conduct breach under the Local Government Act , section 150AG that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct. (sec.242H-ssec.3) The chief executive officer must ensure the minutes of the council meeting include a statement of the reasons for not adopting the recommendation or advice. (sec.242H-ssec.4) In this section— advisor , of the council, means a person— who is an employee of the council or is otherwise engaged to provide services to the council; and whose duties include giving a recommendation or advice.