(1)  At a meeting, a council by absolute majority, or a council committee by simple majority, may close a part of the meeting to the public for a reason specified in subregulation (2) .

(2)  A part of a meeting may be closed to the public when any one or more of the following matters are being, or are to be, discussed at the meeting:

(a) personnel matters, including complaints against an employee of the council and industrial relations matters;

(b) information that, if disclosed, is likely to confer a commercial advantage or impose a commercial disadvantage on a person with whom the council is conducting, or proposes to conduct, business;

(c) commercial information of a confidential nature that, if disclosed, is likely to –

(i) prejudice the commercial position of the person who supplied it; or

(ii) confer a commercial advantage on a competitor of the council; or

(iii) reveal a trade secret;

(d) contracts, and tenders, for the supply of goods and services and their terms, conditions, approval and renewal;

(e) the security of –

(i) the council, councillors and council staff; or

(ii) the property of the council;

(f) proposals for the council to acquire land or an interest in land or for the disposal of land;

(g) information of a personal and confidential nature or information provided to the council on the condition it is kept confidential;

(h) applications by councillors for a leave of absence;

(i) matters relating to actual or possible litigation taken, or to be taken, by or involving the council or an employee of the council;

(j) the personal hardship of any person who is resident in, or is a ratepayer in, the relevant municipal area.

(3)  Unless subregulation (4) applies, a council or council committee must not close a part of a meeting when it is –

(a) acting as a planning authority under the Land Use Planning and Approvals Act 1993 ; or

(b) considering whether or not to grant a permit under that Act; or

(c) considering proposals for the council to deal with public land under section 178 of the Act.

(4)  A council or council committee may close a part of a meeting when it is acting or considering as referred to in subregulation (3) if it is to consider any matter relating to –

(a) legal action taken by, or involving, the council; or

(b) possible future legal action that may be taken, or may involve, the council.

(5)  If at a meeting a council or council committee closes a part of the meeting, the grounds for the closure are to be recorded in the minutes relating to the part of the meeting that is open to the public.

(6)  The chairperson –

(a) is to exclude members of the public from a closed meeting; and

(b) may exclude the general manager from a closed meeting if the matter to be discussed relates to the contract of employment, or the performance, of the general manager; and

(c) may invite any person to remain at the meeting to provide advice or information.

(7)  A council, or council committee, by simple majority may re-open a closed meeting to the public.

(8)  While in a closed meeting, the council, or council committee, is to consider whether any discussions, decisions, reports or documents relating to that closed meeting are to be kept confidential or released to the public, taking into account privacy and confidentiality issues.

(9)  Subject to the Right to Information Act 2009 , any discussions, decisions, reports or documents relating to a closed meeting are to be kept confidential unless the council or council committee, after considering privacy and confidentiality issues, authorises their release to the public.