The Creighton Report

Wagga Wagga Report
3. DISCLOSURES OF PECUNIARY AND NON-PECUNIARY INTERESTS AT
COUNCIL AND REGIONAL PLANNING MEETINGS – RODNEY KENDALL
3.1 Pecuniary and Non-Pecuniary Conflicts of Interests
A councillor who has a pecuniary or non-pecuniary interest in any mater with which the
council is concerned, and is present at a meeting at which the matter is being considered,
must disclose the nature of the interest to the meeting as soon as practicable. 40
There are three levels of pecuniary and non-pecuniary interests which must be. These rules
apply similarly at council meetings as with regional planning panel meetings.
(1) A pecuniary interest is an interest that a councillor has in a matter because of a
reasonable likelihood or expectation of an appreciable financial gain or loss to the
councillor.
This also applies to an interest held by a councillor’s spouse, relative, partner or
employer, or a company or other body of which the councillor, nominee, partner or
employer is an officer or shareholder.
The councillor must not be present at, or in sight of, the meeting of the council: (a) at
any time during which the matter is being considered or discussed by the council; or
(b) at any time during which the council is voting on any question in relation to the
matter.
(2) A significant non-pecuniary interest is an interest a council member has which does
not amount to a pecuniary interest. Such an interest exists where a reasonable and
informed person would perceive that the councillor could be influenced by a private
interest when carrying out their official functions in relation to a matter.
Generally these include relationships between a councillor and another person who
is affected by a decision or matter under consideration that is particularly close. It also
includes a financial interest the councillor may have that is also less than a pecuniary
interest, such as being an officeholder of a company which might be affected by a
decision or matter under consideration by council.
A significant non-pecuniary interest must be managed in one of two ways: (a) by not
participating in consideration of or the decision making in relation to the matter in
which the councillor has a significant non-pecuniary conflict of interest and the matter
being allocated to another person for consideration or determination; or (b) the
councillor must not be present at the council meeting at any time during which the
matter is being considered or discussed, or at any time during which the council is
voting on any question in relation to the matter.
(3) A non-significant, non-pecuniary interest is an interest a councillor has which does
not meet the standards of the previous two levels of an interest. Such an interest must
be declared, however the councillor may participate in the consideration or vote on
the any question in relation to the matter. The councillor must also explain in writing
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WWCC Code of Conduct (2019) cls 4.1–4.5, 4.28–4.31, 5.1–5.11 (Attachment 35).
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