sec.122Suspending or removing a councillor

### sec.122 Suspending or removing a councillor This section applies if— the conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or the Minister reasonably believes that a councillor is incapable of performing their responsibilities; or the Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed. The Minister may recommend that the Governor in Council— if the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or if the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor. The Governor in Council may give effect to the Minister’s recommendation under a regulation. A councillor suspended for a failure to comply with a councillor training provision is not entitled to be paid remuneration as a councillor other than the remuneration necessary for the councillor to comply with the councillor training provision. In this section— councillor training provision see section 120 (8) . remuneration , as a councillor, includes allowances, expenses, superannuation contributions and access to facilities and equipment provided by the local government. s 122 amd 2018 No. 9 s 21A ; 2018 No. 8 s 6 ; 2023 No. 30 s 34 (sec.122-ssec.1) This section applies if— the conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or the Minister reasonably believes that a councillor is incapable of performing their responsibilities; or the Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed. (sec.122-ssec.2) The Minister may recommend that the Governor in Council— if the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or if the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor. (sec.122-ssec.3) The Governor in Council may give effect to the Minister’s recommendation under a regulation. (sec.122-ssec.4) A councillor suspended for a failure to comply with a councillor training provision is not entitled to be paid remuneration as a councillor other than the remuneration necessary for the councillor to comply with the councillor training provision. (sec.122-ssec.5) In this section— councillor training provision see section 120 (8) . remuneration , as a councillor, includes allowances, expenses, superannuation contributions and access to facilities and equipment provided by the local government. - (a) the conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or - (b) the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or - (c) the Minister reasonably believes that a councillor is incapable of performing their responsibilities; or - (d) the Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or - (e) the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed. - (a) if the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or - (b) if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or - (c) if the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor.