21 November 2023: This note is about one of our recent decisions under the Local Authorities (Members’ Interests) Act 1968. It will be helpful for councillors with financial interests in plans under the Resource Management Act 1991.
Overseeing the Members' Interests Act
Our role in administering the Local Authorities (Members’ Interests) Act 1968 includes:
- deciding applications for exemptions from, or declarations about, the discussing and voting rule in the Act;
- deciding applications for the approval of contracts worth more than $25,000 in a financial year;
- providing guidance to elected council members and officers, to help them comply with the Act in particular situations; and
- investigating and prosecuting alleged offences against the Act.
The Auditor-General regularly publishes guidance for council members about how to comply with the Act.
See also: Local Authorities (Members’ Interests) Act 1968: A guide for members of local authorities on managing financial conflicts of interest
Application form: Application for approval of contracts under section 3 of the Local Authorities (Members' Interests) Act 1968
Other applications and enquiries: [email protected]
Page last updated: 21 November 2023
Our LAMIA resources
Insights into local government: 2020.
June 2020: The Local Authorities (Members' Interests) Act 1968 (the Act) is somewhat out of date and difficult to understand, and the rules are not always easy to apply in a modern local government context. That is why we have written this plain English guide. We want members who are covered by the Act, and those advising them, to be aware of the Act's rules and the steps they need to take to ensure that they do not inadvertently breach them. This guide also explains our statutory functions under the Act.
Before filling in this form, please read Part 2 of our Local Authorities (Members’ Interests) Act 1968: Guide for members of local authorities on managing financial conflicts of interest.
11 March 2020: During February 2020, Otago Regional Council applied for exemptions and/or declarations under the Local Authorities (Members’ Interests) Act 1968 to enable certain councillors to take part in imminent decisions about freshwater management.
28 June 2016
October 2014: This report looks at how three elected members of Ashburton District Council managed conflict of interest questions recently...
Important information for candidates who have a contract with their local authority, community board, or licensing trust.
December 2009: We have concluded that the councillors have breached section 6(1) of the Local Authorities (Members’ Interests) Act 1968. However, we have decided that a prosecution would be unlikely to result in a conviction and that it would not be appropriate in these circumstances to seek to have the councillors prosecuted...
June 2005: This report is a discussion paper, written to highlight what we see as difficulties with the current Act, and to suggest some options for how the Act might be improved...