Local Government Act 2009

This section applies if—

a matter is to be discussed at a local government meeting; and

a councillor has a material personal interest in the matter.

The councillor must—

inform the meeting of the councillor’s material personal interest in the matter; and

leave the place where the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.

The councillor must not contravene subsection (2), including by voting on the matter, with an intention to gain a benefit or avoid a loss for the councillor or someone else.

However, the councillor does not contravene subsection (2) by taking part in the meeting, or being at the place where the meeting is being held, if—

the councillor is a person to whom approval is given under subsection (5); and

the councillor complies with all conditions on which the approval is given.

The Minister may, by signed notice, approve the councillor taking part in the meeting, or being at the place where the meeting is being held, if—

because of the number of councillors subject to the obligation under this section, the holding of the meeting would be obstructed if the approval were not given; or

it appears to the Minister to be in the interests of the local government area that the approval be given.

The Minister may give the approval subject to conditions stated in the notice.

The following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—

the name of the councillor who has the material personal interest, or possible material personal interest, in a matter;

the nature of the material personal interest, or possible material personal interest, as described by the councillor;

whether the councillor took part in the meeting, or was at the place during the meeting, under an approval under subsection (5).