Appendix 3: Checklist for applications for approvals of interests in contracts

Local Authorities (Members’ Interests) Act 1968: A guide for members of local authorities on managing financial conflicts of interest.

Applications for approval for a member to be concerned or interested in a contract need to be made by the local authority on the member's behalf. In order to consider an application, we need:

  • the member's name;
  • the names of the parties to the contract (if the member is not a party to the contract, we need to know 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 local authority wishes to use the proposed contractor for this work (for instance, how the local authority justifies its choice on the basis of, for example, cost, performance, quality, expertise, or experience);
  • the local authority's usual process for contracts of this type or value, and any policy or rules that apply;
  • the process the local 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 local 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);
  • to know whether this is a subcontracting situation where the local authority cannot control who the head contractor chooses to use;
  • to know whether the member concerned has had any involvement in any local authority decisions about the contract; and
  • to know whether the member declared an interest and abstained where necessary.

For retrospective approval applications, as well as needing the information listed above, we need to know why approval was not obtained before the contract was entered into. We need to be satisfied that there was "sufficient special reason" for this.

The application must be in writing. We recommend that you use the form on our website. Alternatively, you can email the application to: LAMIA@oag.parliament.nz.