Councillors liable for improper disbursements
110 Councillors liable for improper disbursements
This section applies if—
a local government disburses local government funds in a financial year; and
the disbursement—
is not provided for in the local government’s budget for the financial year; and
is made without the approval of the local government by resolution.
The local government must, within 14 days after the disbursement is made, publish a notice of the disbursement—
on the local government’s website; and
in other ways the local government considers appropriate.
If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the local government—
the amount of the disbursement; and
interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and
any fees, charges, penalties or other expenses incurred by the local government in relation to the disbursement.
Those amounts may be recovered as a debt payable to the local government.
This Act’s bill:Explanatory memorandumSecond reading speech
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