90A—Information or briefing sessions
(1) A council, or the
chief executive officer of a council, may hold or arrange for the holding of a
session (not being a formal meeting of a council or council committee required
to be held under this Chapter) to which more than 1 member of the council
or a council committee is invited to attend or be involved in for the purposes
of providing information or a briefing to attendees
(an "information or briefing session").
(2) A matter must not
be dealt with at a council information or briefing session in such a way as to
obtain, or effectively obtain, a decision on the matter outside a formal
meeting of the council or a council committee.
(3) A council
information or briefing session must be conducted in a place open to the
public during any period in which a matter that is, or is intended to be, on
the agenda for a formal meeting of the council or a council committee is
discussed at the session.
(4) However, the
council or chief executive officer may order that an information or briefing
session be closed to the public to the extent (and only to the extent) that
the council or chief executive officer (as the case requires) considers it to
be necessary and appropriate for a matter of a kind referred to in
subsection (3) to be discussed in a session closed to the public in order
to receive, discuss or consider in confidence any information or matter listed
in section 90(3) (after taking into account any relevant consideration
under that subsection).
(5) If an order is
made under subsection (4), the council or chief executive officer (as the
case requires) must, as soon as reasonably practicable after the making of the
order, make a record of—
(a) the
grounds on which the order was made; and
(b) the
basis on which the information or matter to which the order relates falls
within the ambit of each ground on which the order was made; and
(c) if
relevant, the reasons that receipt, consideration or discussion of the
information or matter publicly at the information or briefing session would be
contrary to the public interest.
(6) If an
information or briefing session is organised or held by a council or
chief executive officer of a council, the following provisions apply:
(a)
sections 90(5), (6) and (7a) apply to the information or briefing session
as if it were a meeting of the council or council committee;
(b) a
prescribed matter cannot be dealt with at an information or briefing session;
(c) a
reference to a meeting or meetings in sections 94 and 95 includes a
reference to an information or briefing session or sessions.
(7) A council or the
chief executive officer of a council must comply with any requirements of the
regulations relating to the following:
(a) the
publication of prescribed information as soon as practicable after resolving
or determining to hold an information or briefing session;
(b) the
publication of prescribed information as soon as practicable after the holding
of an information or briefing session.