(1) If a member has
disclosed, under section 5.65, an interest in a matter, the council or the CEO
may apply to the Minister to allow the disclosing member to participate in the
part of the meeting, and any subsequent meeting, relating to the matter.
(2) An application
made under subsection (1) is to include —
(a)
details of the nature of the interest disclosed and the extent of the
interest; and
(b) any
other information required by the Minister for the purposes of the
application.
(3) On an application
under this section the Minister may allow, on any condition determined by the
Minister, the disclosing member to preside at the meeting, and at any
subsequent meeting, (if otherwise qualified to preside) or to participate in
discussions or the decision making procedures relating to the matter if
—
(a)
there would not otherwise be a sufficient number of members to deal with the
matter; or
(b) the
Minister is of the opinion that it is in the interests of the electors or
ratepayers to do so.
(4) A person must not
contravene a condition imposed by the Minister under this section.
Penalty: $10 000 or imprisonment for 2 years.
(5) A decision under
this section must be recorded in the minutes of the meeting relating to the
matter.
[Section 5.69 amended: No. 49 of 2004 s. 53; No.
16 of 2019 s. 31.]