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Local Government Act 2020
67Council decision making where quorum cannot be maintained
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67 Council decision making where quorum cannot be maintained
(1) This section applies if a Council cannot maintain a quorum because of the number of Councillors who have a conflict of interest in a decision in regard to a matter.
(2) The Council must consider whether the decision can be made by dealing with the matter in an alternative manner.
(3) For the purposes of subsection (2), an ***alternative manner*** may include—
(a) resolving to split the matter into 2 or more separate parts, so that a quorum can be maintained for each separate part; or
(b) making prior decisions on component parts of the matter at a meeting for which a quorum can be maintained, before deciding the overall matter at a meeting for which a quorum can be maintained.
(4) Subject to complying with any requirements under any other Act, if a Council is unable to use an alternative manner, the Council must decide to establish a delegated committee to make the decision in regard to the matter consisting of—
(a) all the Councillors who have not disclosed a conflict of interest in regard to the matter; and
(b) any other person or persons that the Council considers suitable.
(5) Section 63(2) applies to a delegated committee established under subsection (4) to the extent possible after excluding all the Councillors who have disclosed a conflict of interest in regard to the matter.