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Local Government Act 2002

Governance and management of local authorities and community boards - Register of members’ pecuniary interests

54E: Contents of pecuniary interest return relating to member’s position

You could also call this:

“What elected members need to tell us about their money and jobs”

When you are an elected member of a local authority, local board, or community board, you need to provide information about your financial interests. This is called a pecuniary interest return. Here’s what you need to include in your return:

You must list any companies where you are a director or control more than 10% of the voting rights. You need to describe what these companies do.

You should also name any other companies or businesses you have a financial interest in, except for managed investment schemes. Explain what these businesses do as well.

If you have a job, you need to name your employers and describe what they do.

You must list any trusts where you have a beneficial interest.

If you’re a member or trustee of an organisation that gets or has applied for funding from your local authority, board, or community board, you need to name it and describe what it does.

You should mention any roles you hold because you’re an elected member.

You need to tell us about any property you own or have a legal interest in. You don’t need to give the exact address, just the general location like the suburb and city.

If you’re a beneficiary of a trust that owns property, you need to include that too, as long as you know about it and it’s not a public retirement scheme.

You don’t need to mention interests in council-controlled organisations or companies that your other companies have interests in.

Remember, this information helps people understand your financial interests and how they might relate to your role as an elected member.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS787707.

Topics:
Government and voting > Local councils
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54D: Accuracy of information included in pecuniary interest return, or

“Making sure your money interests report is right and fixing any mistakes”

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54F: Contents of pecuniary interest return relating to member’s activities, or

“What you need to tell us about your money and gifts as a council member”

Part 4 Governance and management of local authorities and community boards
Register of members’ pecuniary interests

54EContents of pecuniary interest return relating to member’s position

  1. Every pecuniary interest return must contain the following information:

  2. the name of each company of which the member is a director or holds or controls more than 10% of the voting rights and a description of the main business activities of each of those companies:
    1. the name of every other company or business entity in which the member has a pecuniary interest, other than as an investor in a managed investment scheme, and a description of the main business activities of each of those companies or business entities:
      1. if the member is employed, the name of each employer of the member and a description of the main business activities of each of those employers:
        1. the name of each trust in which the member has a beneficial interest:
          1. the name of any organisation or trust and a description of the main activities of that organisation or trust if—
            1. the member is a member of the organisation, a member of the governing body of the organisation, or a trustee of the trust (as applicable); and
              1. the organisation or trust receives funding from, or has applied to receive funding from, the local authority, local board, or community board to which the member has been elected:
              2. the title and description of any organisation in which the member holds an appointment by virtue of being an elected member:
                1. the location of real property in which the member has a legal interest, other than an interest as a trustee, and a description of the nature of the real property:
                  1. the location of real property, and a description of the nature of the real property, held by a trust to which the following apply:
                    1. the member is a beneficiary of the trust; and
                      1. the member knows or ought reasonably to know that the member is a beneficiary of the trust; and
                        1. it is not a unit trust whose name is disclosed under subclause (1)(d); and
                          1. it is not a retirement scheme whose membership is open to the public.

                          2. For the purposes of subsection (1)(b), a member does not have a pecuniary interest in a company or business entity (entity A) merely because the member has a pecuniary interest in another company or business entity that has a pecuniary interest in entity A.

                          3. For the purposes of subsection (1)(e), a member is not required to disclose the name and a description of the main activities of an organisation that is a council-controlled organisation.

                          4. For the purposes of subsection (1)(g) and (h), a member is not required to disclose the street address of the real property, but must provide the general location (for example, the suburb and city in which it is located).

                          5. For the purposes of this section,—

                            business entity means any body or organisation, whether incorporated or unincorporated, that carries on any profession, trade, manufacture, or undertaking for pecuniary profit, and includes a business activity carried on by a sole proprietor, but does not include any blind trust

                              company has the same meaning as in section 2(1) of the Companies Act 1993, and includes—

                              1. a body corporate that is incorporated outside of New Zealand:
                                1. a society incorporated under the Industrial and Provident Societies Act 1908 or any former Industrial and Provident Societies Act

                                  employed—

                                  1. means employed under a contract of service; but
                                    1. does not include holding—
                                      1. the position of an elected member of a local authority, local board, or community board (as applicable); or
                                        1. any other position for which the person in question would not be qualified unless he or she had been elected a member of a local authority, local board, or community board (as applicable)

                                        managed investment scheme has the same meaning as in section 9(1), (2), and (4) of the Financial Markets Conduct Act 2013.

                                        Notes
                                        • Section 54E: inserted, on , by section 4 of the Local Government (Pecuniary Interests Register) Amendment Act 2022 (2022 No 24).