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Procedure at meetings - sections 21 to 30

Sections 21 to 30 of part three in chapter three of the Governance Rules.

3.21 Public question and submission time

Questions and submissions may be submitted by the public at any Council meeting, and responded to or answered by Council, in accordance with Council’s Public Question Time Policy.

3.22 Petitions and joint letters

3.22.1Petitions or joint letters to Council may be presented to Council by a Councillor or a member of the public.
3.22.2It is incumbent on every Councillor presenting a petition or joint letter to acquaint themselves with the contents of that petition or joint letter, and to ascertain that it does not contain language disrespectful to Council.
3.22.3Every Councillor presenting a petition or joint letter to Council must:
3.22.3.1write or otherwise record their name at the beginning of the petition or joint letter; and
3.22.3.2confine themselves to a statement of the persons from whom it comes, the number of signatories to it, the material matters expressed in it and the text of the request.
3.22.4A petition or a joint letter:
3.22.4.1must not be in pencil;
3.22.4.2may be in any other legible and permanent written form including in an electronic form;
3.22.4.3must not be defamatory, indecent, abusive or objectionable in language or substance;
3.22.4.4must for the purpose of a response, contain the name and address of the person or organisation co-ordinating the petition or joint letter;
3.22.4.5must contain the name and address of each petitioner or signatory;
3.22.4.6must be signed by at least 12 people; and
3.22.4.7shall not relate to a matter outside Council’s powers and functions.
3.22.5Every page of a petition or joint letter shall contain the whole of the petition or request.
3.22.6Any signature appearing on a page which does not contain the whole of the petition or request shall not be considered by the Council.
3.22.7Every page of a petition or joint letter shall be a single piece of paper and shall not be pasted, stapled, pinned or otherwise affixed to any other piece of paper.
3.22.8The purpose of any petition shall be recorded in the minutes and shall be the subject of a written response.
3.22.9The Council may pass a resolution:
3.22.9.1that a written report be prepared on the contents of the petition or joint letter for presentation to a meeting; and
3.22.9.2that the petition be referred for consideration in conjunction with an item on the agenda.
3.22.10If a petition or joint letter relates to an operational matter, that petition or joint letter must be referred to the Chief Executive Officer for action and response.

3.23 Moving of motions or amendments

3.23.1Motions and amendments must be:
3.23.1.1Within the powers and functions of the council;
3.23.1.2Related to an item of business on the agenda or to be considered at the meeting; and
3.23.1.3Clear, unambiguous and not defamatory or objectionable in content or nature.
3.23.2The chairperson must refuse to accept a motion or amendment which conflicts with this rule 3.23.
3.23.3Council must not consider similar agenda items En bloc. each agenda item must be considered individually and must have a mover and a seconder.
3.23.4A councillor may move a recommendation in the same form as recommended by city officers or they may move an amended version of that motion in relation to the report being presented.

3.24 Introducing a motion or amendment

3.24.1The procedure for moving any motion or amendments to motions at a council meeting is as follows:
3.24.1.1The mover must state the subject and nature of the motion or amendment and not speak to it;
3.24.1.2The motion or amendment must be seconded by a councillor other than the mover. If there is no seconder for a motion or amendment, the chairperson must declare the motion or amendment to have lapsed;
3.24.1.3An amendment may be moved or seconded by any councillor except the mover or seconder of the original motion;
3.24.1.4If the motion or amendment is moved and seconded the chairperson must ask whether the motion is opposed and/or whether any councillor wishes to speak to the motion;
3.24.1.5If no councillor indicates opposition or a desire to speak to the motion, the chairperson must put the motion to the vote;
3.24.1.6If a councillor indicates opposition or a desire to speak to the motion or amendment, then the chairperson must call on the mover to address the meeting;
3.24.1.7The chairperson must call upon the seconder of a motion to speak to the motion after the mover has spoken.  The seconder of a motion may reserve their right to respond;
3.24.1.8The chairperson must call upon any other councillor who may wish to speak to the motion, after the mover and seconder of the motion have spoken to the motion;
3.24.1.9If, after the mover has addressed the meeting, the chairperson has invited other councillors to speak to the motion or amendment and no councillor speaks to the motion or amendment, the chairperson must put the motion or amendment to the vote.

3.25 Right of reply and debate of motion or amendment

3.25.1If there has been any opposition to a motion, the mover of a motion has the right of reply to matters raised during the debate.
3.25.2The mover of an amendment has no right to speak in reply.
3.25.3Subject to any councillor exercising their right to ask any question concerning or arising out of a motion, the chairperson must put the motion to the vote immediately after the mover of the motion has spoken in reply.
3.25.4Any councillor can debate an amendment irrespective of whether the councillor has spoken or proposes to speak to the original motion.
3.25.5Debate on an amendment must be confined to the terms of the amendment.

3.26 Moving an amendment

3.26.1Subject to this clause, a motion which has been moved and seconded may be amended by leaving out or adding words. Any added words must be relevant to the subject of the motion.
3.26.2A motion to confirm a previous resolution of council cannot be amended.
3.26.3An amendment must not be the negative of, or substantially contrary to, the motion.

3.27 How many amendments may be proposed

3.27.1Any number of amendments may be proposed to a motion but only one (1) amendment may be accepted by the chairperson at any one (1) time.
3.27.2No second or subsequent amendment, whether to the motion or an amendment of it, may be taken into consideration until the previous amendment has been dealt with.
3.27.3Any one councillor cannot move more than one (1) amendment in succession.

3.28 An amendment once carried

3.28.1If the amendment is carried, the amended motion then becomes the substantive motion before the meeting and can be further amended.
3.28.2The mover of the original motion retains the right of reply to the substantive motion.

3.29 Priority of address and right to speak to motion

3.29.1In the case of competition for the right to speak, the chairperson must decide the order in which the councillors concerned will be heard.
3.29.2A councillor may speak once on a motion and once on an amendment, except for the mover of a motion who has the right to speak in reply to any opposition to the motion (but not a right to speak in reply to an amendment).

3.30 Foreshadowing motions

3.30.1At any time during debate a councillor may foreshadow a motion to inform the meeting of their intention to move a motion at a later stage in the meeting. This does not extend to any special right to the foreshadowed motion.
3.30.2A motion foreshadowed may be prefaced with a statement that in the event of a particular motion before the chairperson being resolved in a certain way, a councillor intends to move an alternative or additional motion.
3.30.3The chief executive officer or a city officer authorised to take the meeting minutes is not expected to record foreshadowed motions in the minutes until the foreshadowed motion is formally moved.
3.30.4A foreshadowed motion has no procedural standing and is merely a means of assisting the flow of a meeting.
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