Appendix 4: Checklist for section 3(3)(a) application

Guidance for members of local authorities about the local authorities (Members' Interests) Act 1968.

Applications for prior approval for a member of an authority to be concerned or interested in a contract needs to be made by the authority on behalf of the member. We need the following information to process an application:

  • the name of the member;
  • the names of the parties to the contract – if the member is not a party to the contract, their relationship to the person/company who is the party to the contract;
  • the payments to be made under the contract for which approval is sought;
  • the duration and nature of the contract;
  • the reasons the authority wishes to use the proposed contractor for this work (for instance, how the authority justifies its choice on the basis of, for example, cost, performance, quality, expertise, or experience);
  • the process the authority has followed in selecting the proposed contractor (including, for example, whether other potential contractors were considered or had the opportunity to quote or tender, whether the authority followed its standard procedures for contracts of this type or value, how the proposal was evaluated, and who was involved in making the relevant recommendation or decision);
  • whether this is a subcontracting situation where the Council cannot control who the head contractor chooses to use;
  • whether the member concerned has had any involvement in any authority decisions about the contract; and
  • whether the member declared an interest and abstained where necessary.

The application must be made in writing and addressed to:

Assistant Auditor-General – Legal
Office of the Auditor-General
Private Box 3928
Wellington 6140
Telephone: 04 917 1500
Facsimile: 04 917 1549

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