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Local Government Act 2002

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

54H: Responsibility of members

You could also call this:

"Councillors are responsible for following the law and declaring their interests honestly."

Illustration for Local Government Act 2002

As a member of a local authority, you are responsible for making sure you do what you are supposed to do under this part of the law. You need to ensure you fulfil your obligations, and it is up to you to do so. The Registrar does not have to remind you of your responsibilities or check your pecuniary interest returns for errors.

The Registrar is not required to notify you if you fail to make a pecuniary interest return on time or if there are errors in your return. They also do not have to get a pecuniary interest return from you. You are responsible for declaring your pecuniary interests, and you must do so according to the law.

Your obligations under this part of the law are in addition to any obligations you have under the Local Authorities (Members’ Interests) Act 1968, and having a pecuniary interest that you have declared under this law does not necessarily mean it is an interest for the purposes of the Local Authorities (Members’ Interests) Act 1968.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS787711.

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

54HResponsibility of members

  1. It is the responsibility of each member to ensure that they fulfil the obligations imposed on them under this subpart.

  2. A Registrar is not required to—

  3. notify any member of—
    1. that member’s failure to make a pecuniary interest return by the due date; or
      1. any error or omission in that member’s pecuniary interest return; or
      2. obtain any pecuniary interest return for a member.

        1. To avoid doubt,—

        2. a member’s obligations under this subpart are in addition to any obligations under, and do not affect the application of, the Local Authorities (Members’ Interests) Act 1968; and
          1. a pecuniary interest that a member has declared under this subpart is not necessarily an interest for the purposes of the Local Authorities (Members’ Interests) Act 1968.

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