Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Offences - Offences committed by members and officers of local authorities

235: Offences by members of local authorities and local boards

You could also call this:

“Rules and punishments for local council members who break the law”

If you’re a member of a local authority or local board, you need to know about some important rules. You can get in trouble if you break certain rules about your job. These rules are found in different parts of the law, like section 54C, section 54D, and some parts of Schedule 7.

If you break these rules, you might have to pay a fine. The amount you might have to pay is listed in another part of the law called section 242(2).

When someone breaks these rules and has to pay a fine, the money doesn’t go to the local authority. Instead, it goes into a special bank account owned by the government.

There’s one exception to these rules. If you’re in a hospital because of mental health reasons, you won’t get in trouble for breaking one specific rule (clause 1(3) of Schedule 7).

Remember, these rules are there to make sure everyone in local government does the right thing. It’s important to follow them to avoid getting into trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174033.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law

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Part 9 Offences, penalties, infringement offences, and legal proceedings
Offences: Offences committed by members and officers of local authorities

235Offences by members of local authorities and local boards

  1. Every person who contravenes section 54C or 54D(1) or (2) or clause 1(3), clause 2(6), or clause 14(1) of Schedule 7 commits an offence and is liable on conviction to the penalty set out in section 242(2).

  2. Fines recovered by the Secretary in proceedings instituted under section 54C or 54D(1) or (2) or clause 1(3), clause 2(6), or clause 14(1) of Schedule 7 must be paid into a Crown Bank Account.

  3. Despite subsection (1), a person does not commit an offence if the person contravenes clause 1(3) of Schedule 7 while detained in a hospital under the Mental Health (Compulsory Assessment Treatment) Act 1992.

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Notes
  • Section 235 heading: amended, on , by section 64 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
  • Section 235(1): amended, on , by section 6(1) of the Local Government (Pecuniary Interests Register) Amendment Act 2022 (2022 No 24).
  • Section 235(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 235(2): amended, on , by section 6(2) of the Local Government (Pecuniary Interests Register) Amendment Act 2022 (2022 No 24).
  • Section 235(2): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).