Local Government Act 2020

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.

The Council must consider whether the decision can be made by dealing with the matter in an alternative manner.

For the purposes of subsection (2), an alternative manner may include—

resolving to split the matter into 2 or more separate parts, so that a quorum can be maintained for each separate part; or

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.

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—

all the Councillors who have not disclosed a conflict of interest in regard to the matter; and

any other person or persons that the Council considers suitable.

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.