the use of these and the barely legal way they are put forward undermines the whole democratic process not only for the people but for Councillors who are put on the spot to make decisions usually under intense pressure from key elected representatives and administration.
46A Availability of agendas and reports
(1)
Subject to subsections (6) to (10), any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least 2 working days before every meeting, all agendas and associated reports circulated to members of the local authority and relating to that meeting.
(2)
Subject to subsections (6) to (10), the agendas—
(a)
shall be available for inspection under subsection (1) at the public offices of the local authority (including service delivery centres) and the public libraries under the authority’s control; and
(b)
shall be accompanied by either—
(i)
the associated reports; or
(ii)
a notice specifying the places at which the associated reports may be inspected under subsection (1).
(3)
Subject to subsections (6) to (10), the associated reports shall be available for inspection under subsection (1) at the public offices of the local authority.
(4)
Any member of the public may take notes from any agenda or report inspected by that member of the public under subsection (1).
(5)
Every member of the public who inspects an agenda or report made available under subsection (1) and who requests a copy of any part of any such agenda or report and tenders the prescribed amount (if any) shall be given such a copy as soon as practicable.
(6)
Where a meeting is an extraordinary meeting called pursuant to a resolution of the local authority, the local authority must cause the agenda and any associated reports to be made available as soon as is reasonable in the circumstances.
(7)
An item that is not on the agenda for a meeting may be dealt with at the meeting if—
(a)
the local authority by resolution so decides; and
(b)
the presiding member explains at the meeting at a time when it is open to the public,—
(i)
the reason why the item is not on the agenda; and
(ii)
the reason why the discussion of the item cannot be delayed until a subsequent meeting.
(7A)
Where an item is not on the agenda for a meeting,—
(a)
that item may be discussed at that meeting if—
(i)
that item is a minor matter relating to the general business of the local authority; and
(ii)
the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b)
no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.
(8)
The chief executive may exclude from the reports made available under subsection (1), reports or items from reports that he or she reasonably expects the meeting to discuss with the public excluded.
(9)
The chief executive shall indicate on each agenda the items that he or she reasonably expects the meeting to discuss with the public excluded.
(10)
Where agendas and associated reports are for meetings of community boards, it shall be sufficient for the purposes of this section that they be available for public viewing at the main office of the local authority and those service delivery centres and public libraries, if any, under the control of the local authority situated within the community.
Section 46A: inserted, on 1 October 1991, by section 5(1) of the Local Government Official Information and Meetings Amendment Act 1991 (1991 No 54).
Section 46A(6): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 46A(7): amended, on 7 July 2004, by section 3 of the Local Government Official Information and Meetings Amendment Act 2004 (2004 No 65).
Section 46A(7A): inserted, on 2 September 1996, by section 2(2) of the Local Government Official Information and Meetings Amendment Act 1996 (1996 No 132).
Section 46A(8): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 46A(9): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).