440Codes of conduct

440 Codes of conduct

440 Codes of conduct

(1) The regulations may prescribe a model code of conduct (the model code) applicable to councillors, members of staff of councils and delegates of councils.

(2) The regulations may provide that the provisions of the model code relating to the disclosure of pecuniary interests are also to apply to the following persons—

(a) a member of a committee of a council (including the Audit, Risk and Improvement Committee),

(b) an adviser to a council.

(3) A council must adopt a code of conduct (the adopted code) that incorporates the provisions of the model code. The adopted code may include provisions that supplement the model code.

(4) A council’s adopted code has no effect to the extent that it is inconsistent with the model code as in force for the time being.

(5) Councillors, members of staff and delegates of a council must comply with the applicable provisions of—

(a) the council’s adopted code, except to the extent of any inconsistency with the model code as in force for the time being, and

(b) the model code as in force for the time being, to the extent that—

(i) the council has not adopted a code of conduct, or

(ii) the adopted code is inconsistent with the model code, or

(iii) the model code contains provisions or requirements not included in the adopted code.

(6) A provision of a council’s adopted code is not inconsistent with the model code merely because the provision makes a requirement of the model code more onerous for persons required to observe the requirement.

(7) A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section.

(8) (Repealed)

(9) This section applies to an administrator of a council (other than an administrator appointed by the Minister for Water, Property and Housing under section 66) in the same way as it applies to a councillor.

s 440: Am 2003 No 82, Sch 1.17 [2]. Subst 2004 No 73, Sch 1 [3]. Am 2012 No 94, Sch 1 [10]; 2016 No 38, Sch 1 [53] [54]; 2020 No 30, Sch 3.27[1].