(1) An Inquiry
Panel’s report is to contain any recommendations that the Inquiry Panel
considers appropriate.
(2) Without limiting
subsection (1) the Inquiry Panel may recommend —
(a) that
a council be dismissed; or
(b) that
a council that has been suspended be reinstated; or
(c) if
subsection (2A) applies, that a council member be dismissed; or
(d) that
a council member who has been suspended be reinstated.
(2A) The Inquiry Panel
can only recommend that a council member be dismissed if the Inquiry Panel is
satisfied, on reasonable grounds, that —
(a) at
least one of the following apply —
(i)
the member has failed, or is failing, to perform the
member’s role, functions or duties under this Act;
(ii)
the member’s conduct has impeded, or is impeding,
the ability of another person to perform their role, functions or duties under
this Act;
(iii)
the member’s conduct has impeded, or is impeding,
the ability of the local government to comply with the principles that apply
to it under section 5.40;
and
(b) the
seriousness or duration of that failure or conduct make it inappropriate for
the member to continue to be a member of the governing body of the local
government.
(3) The report is to
be given to the Minister.
[Section 8.22 amended: No. 31 of 2018 s. 17.]