97Disclosure of interest

97 Disclosure of interest (1) A member who has: (a) subject to section 99(1), a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Division of which he or she is a member, otherwise than a direct or indirect pecuniary interest as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he or she is not a director; or (b) a personal, professional, commercial or other relationship with an applicant or another person or association, which relationship is of a nature that it is likely to, or may reasonably be regarded as likely to, inhibit or prevent the exercise by the member of independent judgment in respect of an application, must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of his or her interest or relationship at or before a meeting of the Division. (2) A disclosure under subsection (1) is to be recorded in the minutes of the Division. (3) A member who has an interest or relationship specified in subsection (1) must not be present during, contribute to or take part in any deliberation or decision of the Division in relation to: (a) the matter or relationship being considered; and (b) any discussion as to whether the Chair ought to make a determination under subsection (5).

Planning Act 1999 125 (4) A member who makes a disclosure under subsection (1) must be disregarded for the purpose of constituting a quorum of the Development Consent Authority in relation to the matter or relationship being considered. (5) Despite subsections (1) to (4), the Chair may determine the significance or relevance of an interest or relationship disclosed by a member under subsection (1) and, if determined to be insignificant or irrelevant, allow the member: (a) to be counted for the purposes of constituting a quorum; and (b) to be present during, contribute to and take part in the deliberation or decision of the Division.