Part 15REVOKING OR CHANGING DECISIONS

PART 15—REVOKING OR CHANGING DECISIONS 15.1 Requirements to revoke or change decisions The requirements to revoke or change a decision made at a meeting are dealt with in the Regulations. 15.2 Motion to revoke or change decision at the same meeting—procedures (1) A Member who moves a motion to revoke or change a decision at the same meeting where the decision is made must— (a) clearly identify the decision to be revoked or changed; and (b) clearly state the reason for the decision to be revoked or changed. (2) If the CEO receives a notice of a motion to revoke or change a decision made at a meeting before the close of that meeting, the CEO must immediately advise the Presiding Member of the substance of the motion. (3) Where the Presiding Member is advised of a motion under subclause (2), they are to— (a) raise it as an item of urgent business under clause 7.4; (b) state the substance of the motion to revoke or change the decision; (c) determine whether there is sufficient support under the Regulations; and (d) if there is sufficient support, deal with the motion. 15.3 Motion to revoke or change a decision after meeting—procedures (1) A Member wishing to move a motion to revoke or change a decision at a future meeting of the Council or committee must give to the CEO notice of the motion, which is to— (a) be in writing; (b) specify the decision proposed to be revoked or changed; (c) state the reason(s) for the motion to revoke or change the decision; (d) be supported by the number of Members required under the Regulations; (e) specify the date of the ordinary or special meeting of the Council or committee where it is to be presented, as the case may be; and (f) be given to the CEO in accordance with the notice of motion provisions in clause 7.3. (2) On receiving a notice of a motion under subclause (1), the CEO is to— (a) ensure that the motion has the support required by the Regulations; (b) advise the Mayor or Presiding Member that the notice has been received, and (c) ensure that the notice is placed on the agenda of the next appropriate meeting of the Council or committee, as the case may be. 15.4 Implementation of a decision (1) In this clause, valid action means action taken to implement the decision in accordance with the relevant legislation and approved procedures by persons legally authorised to do so. (2) No steps are to be taken to implement or give effect to a decision if— (a) a valid notice of a motion to revoke or change the decision has been received and has the support of Members as required by the Regulations; and (b) the notice of the motion to revoke or change the decision was received before any valid action was taken by the local government to implement the decision. (3) The Council or a committee shall not vote on a motion to revoke or change a decision of the Council or committee whether the motion to revoke or change the decision is moved with or without notice, if at the time the motion is moved or notice is given— (a) valid action has been taken by the local government to implement the decision; or (b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or certificate and the decision has been put into effect by notice in writing to the applicant or the applicant’s agent by an employee of the local government authorised by CEO to do so; unless the Council or committee has considered a statement of impact prepared by or at the direction of the CEO of the legal and financial consequences of the proposed revocation or change.