Conflicts of interest

A conflict of interest occurs when a public officer’s duties conflict with their private or personal interests.

The Local Government 2020 Act uses the term “relevant person” to identify those persons who are required to determine and disclose conflicts of interest in local government, this includes Councillors, members of Council staff and external members of delegated committees. It is the personal responsibility of each individual to decide if they have an interest.

Requirements regarding conflicts of interest for councillors is covered in Division 2, Section 126 – 131 of the Local Government Act 2020 and also covered under other sections of the Act, including:

  • Section 60 (Governance Rules);
  • Sections 132 -136 (Personal Interest Returns) and
  • Sections 137-138 (Gifts).

Matters being considered by a council

A relevant person who has a conflict of interest in a matter being considered by a council, a delegated committee or a community asset committee must disclose the conflict of interest in the manner required by the Council’s Governance Rules. They must also exclude themselves from the decision-making process in relation to that matter, including any discussion or vote on the matter at any council meeting or delegated committee, and any action in relation to the matter.

Relevant persons who have a conflict of interest in a matter at a meeting conducted under the auspices of the council, for example a councillor briefing, are also required to disclose the conflict of interest in the manner required by the Council’s Governance Rules and comply with the relevant procedures set out in the Rules.

Interests

The Local Government Act 2020 describes the two (2) types of interests - general conflicts of interest and material conflicts of interest. The Local Government Act 2020 conflict provisions also apply to members of delegated committee and members of council staff.

This page was last updated on 23 Jul 2024 2:32pm